PBK chief: Police must accept reports regardless of dress code
by Philip Kiew · Borneo Post OnlineMIRI (Dec 12): Statutory law takes precedence over internal dress code guidelines when lodging police reports, said Parti Bumi Kenyalang (PBK) president Voon Lee Shan.
According to the lawyer and former police officer, dress codes are merely administrative instructions that carry no legal weight and cannot override the explicit statutory duty imposed on police under Section 107(4) of the Criminal Procedure Code (CPC).
“Dress codes are not statutory law and cannot override explicit statutory duties like Section 107 CPC,” he said in a statement, addressing public confusion over police authority to turn away complainants based on attire.
Voon emphasised that Section 107(4) imposed a clear obligation on police officers to receive information on any offence committed anywhere in Malaysia, with no exceptions or conditions.
“The law is crystal clear. A police officer shall be duty bound to receive any information in relation to any offence.
“There are no clauses about proper attire, no conditions about dress code compliance,” said Voon, citing his experience in law enforcement and legal practice.
He added that the public’s statutory right to lodge police reports must not be restricted by internal police policies, guidelines or circulars that had not been enacted by Parliament.
“Senior government leaders, including the Home Minister, have themselves affirmed that police must accept reports without conditions,” he stressed.
Voon pointed out that police personnel who refused reports based on dress code violations could be referred to the Police Department Disciplinary Board for failing to discharge their statutory duties; and those obstructing, refusing, discouraging or delaying the lodging of reports could face disciplinary action and misconduct complaints, and in certain cases, the aggrieved members of the public could even sue for damages.
“Refusing to leave a police station when due to improper attire does not constitute obstruction under the Police Act 1967 or Section 186 of the Penal Code, as statutory rights cannot be negated by non-statutory guidelines.
“To constitute obstruction, behaviour must actually hinder or prevent the officer from carrying out lawful duties.
“The hierarchy of law is clear – Acts of Parliament stand above administrative policies,” he said.