Yesterday, our Federal Court (the apex court in Malaysia) ruled that local governments have the power to establish by-laws to prosecute citizens who behave indecently in public. This judgment has big repercussions.
In a nutshell, your friendly Dewan Bandaraya Kuala Lumpur, Kuching, Miri or whichever city / town you're at
can enact by-laws prohibiting acts of indency....in the case of Ooi Kean Thong and Siow Ai Wei, hugging and kissing in public. It's up to the local government really. Our DBKL deem it fit to enact a by-law prohibiting indecent acts at the Kuala Lumpur City Centre Park. Ipoh City Council might not deem it necessary.
Now, the interesting question is this.... what constitutes indecent act? Kissing, smooching, a peck on the cheek / forehead, hugging (just like what Rafidah did to Dr. M), holding someone's waist (just like what Dr. M did with Shah Rukh Khan), showing one's belly button, wearing low cut pants and showing the top of a g-string, wearing light clothing which purposely allow the inner garment to be "seen-through", etc?
Just imagine, and I don't suppose all local governments will enact laws in uniformity, it is prohibited to hug and kiss (which is why the couple is prosecuted) at the KLCC Park but okay to do so in say....Reservoir Park, Kuching (because the Kuching South City Council does not have this by-law).
All of us better get copies of the by-laws and read them to familiarise what we can and cannot do less we be prosecuted!
I would be most interested to see how the prosecution goes in Court when the prosecution officer will have to get witnesses to describe how the indecent act took place.
P : Apa yang kamu nampak OKT 1 dan OKT 2 (orang kena tuduh) buat di taman KLCC?
W : Saya nampak mereka cium,
P: Macamana cium?
W: Cium mulut.
and during cross-examination by the defence counsel:-
DC : Kamu kata kamu nampak OKT1 dan OKT2 cium mulut. Macamana cium? Sila tunjukkan kepada mahkamah.
W: ???!!! (how to show la)
DC : Saya cadangkan ciuman itu hanya untuk satu saat sahaja
W: Tidak setuju. Lama jugak
DC: Saya cadangkan ciuman itu ciuman biasa dan tidak berahikan.
W : Tidak setuju.
etc. etc.
Can you just imagine how the trial will be? What a waste of public funds and time. The local governments should just concentrate on getting trash off their municipality, improve facilities and collection of revenue, improving their response to citizen's complaints and other areas rather than policing on morality which is so subjective.
Anyway....just my ramblings for today to destress....
Next time, before you think of hugging or kissing someone in public, read your local government by-law
