Sounds familiar? I have experienced the frustration of being stopped and questioned and, sometimes, denied access on public roads, while trying to visit friends or get across to other areas of various housing estates, the most recent being on a public road at Jalan Anggerik Eria 31/109, Kota Kemuning.
The public could use this road to get to other parts of Kota Kemuning previously without hindrance. At times, I have even been asked to produce my IC before I was allowed access on some public roads.
By the police? No, I am talking about private guards. Do these guards have the authority or power to set up “permanent” roadblocks on a public road and to stop, question and deny access to the public?
Under section 78 of the Road Transport Act, 1987 (Power to set up road-blocks), “any police officer in uniform authorised in writing by a senior police officer of the rank of Inspector and above” or “any road transport officer in uniform authorised in writing by the Director” may erect or cause to be erected or placed any barrier as prescribed on or across any road.
Under section 21 of the Police Act 1967, it “shall be the duty of police officers ? to keep order on public roads, streets, thoroughfares and landing places and at other places of public resort and places to which the public have access.”
Thus, if any other person (other than a police officer or road transport officer in uniform, duly authorised by a senior police officer or Director) erects or cause to be erected or placed any barrier on or across any road, he “shall be guilty of an offence” pursuant to section 119 of the Road Transport Act.
But residents claim that the local authorities have approved such permanent roadblocks or barriers.
Well, section 9 (10) of the Street, Drainage and Building Act 1974 provides that “no person shall erect or maintain or permit to be erected or maintained any obstruction in any street ?”
Section 46 of the same Act then provides that “any person who ? builds, erects, sets up or maintains or permits to be built, erected or set up or maintained any wall, fence, rail, post ? or other obstruction, in any public place ? shall be guilty of causing an obstruction and may be arrested without warrant by any police officer or any officer or employee of the local authority ?”
Section 46(4) of the 1974 Act reserves to our local authorities the power to only allow “any temporary erections in any public place or the temporary use of any part of a public place on occasions of festivals and ceremonies.”
It is thus quite obvious in my view that our local authorities do not have the power to authorise any such “permanent” roadblocks or barrier on or across any public road.
Security is important, but can the public’s rights and freedom be curtailed unlawfully in the name of security?
If residents want security, the guards can follow any person who passes or enters their areas but they have no right to stop, question or prevent any person from accessing public roads and enjoying public amenities such as playgrounds, badminton and basketball courts, fields, etc in these public areas.
I thus hope that the IGP and the minister in charge of local government will take the necessary action to stop such unlawful roadblocks on public roads and also ensure that local authorities do not exceed their powers by giving approvals in disregard of the above Acts of Parliament.
AGAINST UNLAWFUL ROADBLOCKS,
Petaling Jaya.
Source:
https://www.hba.org.my/main.htm
11/08/2007
The Star
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Can security guards ask for your MyKad or Driving License (even just for recording purposes only)?
There are a lot of confusion when it comes to this "GnG" subject. This lack of clarity and knowledge by the communities have been used by unscrupulous RAs to bully its non-paying residents and the surrounding communities.
When we want to talk about this subject, we need to define first whether we are referring to a formal GC scheme or an informal "GC" scheme? They are both very different and people should know the differences.
Due to the lack of understanding and awareness by the public, the RAs have been taking advantage of the situation to coerce residents to sign up their bogus scheme by flouting the guidelines and breaking the laws.
Regulation 7 of the Peraturan-Peraturan Pendaftaran Kebangsaan 1990 clearly states that security guards (or any persons) are not allowed to conduct checks on your identity, let alone request for any kind of identification documents.
Regulation 7 also explicitly states that only certain officers are allowed to inspect the identity of a person and request the person to produce his/her MyKad for inspection. These officers include:
- registration officers (of the National Registration Department of Malaysia or JPN)
- police officers (PDRM)
- customs officers/ immigration officers
- members of the Armed Forces on duty
- public officers authorized by the Director General
"Informal Gated Community" schemes that are operated by Residents Associations (RA) in non-private housing areas are not legal gated communities at all. Actually, these so-called "GnG" schemes implemented by RAs are against the laws and guidelines.
What your RA won't tell you :-
- That it is illegal to block public roads in residential areas (only allowed in private property /residences)
- That it is an offense for security guards to ask for I.C. or driving license even for recording purposes only (only allowed in strata or private GC residences)
- That auto access card system is prohibited and illegal (only legal in strata and/or formal GC residences)
- That they have no right to stop non-participating residents or any law-abiding citizens access
- That rightfully, they can only apply for a Guarded Neighbourhood GN scheme (classified as an Informal GC scheme)
- That they are required to put up a Notice Board containing all relevant information (please refer below guidelines by one of the local councils)
- If they have obtained all the necessary requirements & approvals from the relevant authorities
- That all their security guards have license and have undergone all checks, tests and other requirements from KDN
- How much money they are making every year from operating these schemes
- That they have their own personal selfish agendas to fulfill and are profit driven
- How lucrative is this industry and how easy it is for them to bs the residents
- That many residents have dropped/opted out of the scheme along the way and they no longer have enough consensus to operate
- That their GN scheme approval is actually on a temporary basis
- Not only is their scheme unlawful, it is also discouraged by the government and is actually against the National Unity Blueprint
- That there are other neighborhood watch schemes such as Rukun Tetangga, Skim Rondaan Sukarela SRS and Community Policing CP that don't cost any monthly fee at all.
- Yes... you can guess a few more (or you can read about them from the media)
However, all formal gated communities that are managed by Management Corporation (MC) or Joint Management Body (JMB), are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013.
Therefore, only formal gated communities have the right to block roads and demand visitors for their MyKad or Driving License. So, only licensed security guards on duty at formal gated communities can ask for your MyKad or Driving License for recording purposes only (and even so, they have no right to retain/hold your MyKad or driving license - Regulation 8A)
This is as clear as it can get... hope this helps!
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Many so-called "Gated Communities" are in fact not formal gated communities at all.
First and foremost, gaining entry into "private property" such as formal gated communities or condominiums... is different from gaining access to "public property" or informal GnG residences. People need to know the difference.
Licensed security guards on duty at "formal gated communities" have the right to ask visitors for identification for record purposes only. However, security guards at "informal gated communities" do not. In the first place they have no right to block anyone from access to any "public property" residences.
(For example, MBPJ guidelines only allow the security guards at informal "GnG" to take down the vehicle's registration no - that's all). Ethical RAs will follow "the rule of law" but corrupt ones will not as they have their personal agenda. People who are not aware of their rights or the laws will be bullied.
As for informal gated communities (non private property), they have no right to ask for your IC or driving license. (They have no right to stop you from gaining access to a "public property" in the first place - it is illegal for non-strata properties to block roads).
All "informal G&G residences" under "individual-title" are categorized as under public property and not private property. (Examples here would be all the double-storey link houses in Setia Alam and Bandar Bukit Raja).
Know your rights - the security guard cannot stop you from entering an informal GnG residence (public property), or ask any resident to register each time they want to go home even if they do not join the RA's questionable scheme. They also have NO right to ask the public for their MyKad or driving licence when they want to enter any public property such as an informal gated residence. (That's why it's being termed as "public property" - it belongs to the public, no need for MyKad).
[Only security guards on duty at "formal G&G residences" can ask for your MyKad or driving license. They have the right to do so at "private property" or "strata-titled properties" such as condominiums and formal gated communities. They can ask for your identity for the sole purpose of recording your particulars and then returning it immediately, if you want to gain access to visit your friends or family there. They also cannot retain your MyKad or take a picture of it. (Examples of formal gated community here would be Setia Eco Park).
(No one can ask for your MyKad or driving licence except for officers of the government on duty such as the police, customs, immigration, military, etc. under Peraturan 7 - KDN) You can report this offence to PDRM.
*[Pengawal keselamatan yang bertugas di kediaman awam "G&G" tidak formal - tidak dibenarkan meminta dokumen identiti seperti MyKad ataupun lesen memandu daripada pihak awam. Mereka hanya dibenarkan meminta dokumen identiti pelawat (bagi tujuan rekod butiran) di premis persendirian sahaja seperti di kondominium dan komuniti berpagar yang formal.]
*[Peruntukan Peraturan 7 Peraturan-Peraturan Pendaftaran Kebangsaan 1990 memperuntukkan bahawa hanya seorang pegawai pendaftaran, pegawai polis, pegawai kastam, pegawai tentera atau pegawai lain yang diberi kuasa bertulis oleh Ketua Pengarah Pendaftaran sahaja yang dibenarkan untuk meminta dan memeriksa identiti seseorang dengan mengemukakan kad pengenalan.]
Many RAs have been flouting the laws and guidelines to implement GC scheme on their own. How they claimed to have obtained the approvals from the authorities is anyone's guess. Or perhaps they did not get the necessary approvals at all. Most of the time the requirements are not met. Are these RAs corrupt or do they have their own agendas? Some of the RAs went ahead to implement GC schemes despite only obtaining approval for a GN scheme. Some don't even know what scheme they can or cannot apply.
Why are the residents so easily fooled and bullied by them? Is it because information on this is hard to obtain so no one really understands these things? So far, there isn't a "one-stop resource-center" on the internet for anyone to refer to... until now!
