Police arrest two for “criminally trespassing” as non-Malays/Muslims in University Malaya’s Academy of Islamic Studies

Update: There will be a vigil to support the two tonight, 13th July, 8pm – the group will gather at the mamak restaurant in front of the UM KL entrance.

Last night, two individuals - Ong Jing Cheng and Yap Heng Lung - were arrested for “trespassing” in Universiti Malaya. Their “crime?”

Being non-Malay in a “Malays only” area :|

And what area is this that is “Malays only?” – The Academy of Islamic Studies.

Last I checked, it is the duty of Muslims to spread their faith, to encourage an understanding of the religion to non-believers.

So is this “Malays only” (at the pain of police arrest) policy something from Islam? Or something from racist, segregationist UM policies and blur cops?

Are parts of UM – a public university – off limits to people of certain ethnicities or religions?

Is it now illegal to have friends in university of different faiths?

What on earth is going on here?!

Ong and Yap are both deeply motivated activists who work to Malaysia a better place. Their efforts cross racial lines, and for their trouble, they landed a night in jail.

Another ridiculous aspect of this case is how having a draft memorandum aimed at helping crime-fighting efforts was interpreted as subversive when a) it’s in the interests of citizens plagued by crime and b) has absolutely nothing to do with the university.

Bodohnya!

I will be following the case closely and will post up any updates I get on this post. The following is the full statement from DEMA which narrates the incident.

ps- thanks to help from John Lee: Section 447 of the Penal Code is criminal tresspassing, which is defined in Section 441 as “Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property; or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit
“criminal trespass”.” Right. I’m sure that’s exactly what those two intended to do :|

URGENT APPEAL
12 JULY 2009

To all,

Release Ong Jing Cheng and Yap Heng Lung Immediately!

Ong Jing Cheng, (a graduate student from USM, also Secretary of Administration of DEMA and coordinator of EMPOWER) together with Yap Heng Lung (fresh graduate student from USM and Coordinator of Student Politics Department of DEMA) were charged under Penal Code 447 for trespassing University Malaya (UM). Both of them were detained overnight at Pantai Police Station and is believed to be remanded the next day.

We call for immediate release of Ong and Yap because:
1. Both of them were only meeting friends at UM without any other motive or intention.
2. Local universities are public places, not security zone. Public should be welcomed to enter and utilize the facilities in the university.
3. Police is an executive force and they should be accountable and independent. In this case, the police worked in coop with the UM security officers and there was an obvious bias in handling the case by rejecting the request from Ong and Yap to lodge a police report against the security officers.

Background of the Incident

Chronology

Time

Incident

12/7/09 (Sunday)

8.00pm

· Ong Jing Cheng and Yap Heng Lung (two DEMA activists and graduate students from USM) went to University Malaya (UM) to meet their friend at Academy of Islamic Studies (API). Unfortunately their motorcycle broke down before they reach. So they had to walk to their meeting place.

· Three UM security guards stopped them and asked their reasons to be there as according to the guards, API is a “Malay place” and therefore Chinese should not be there.

8.15pm

· The security guards contacted another seven officers to come and surrounded Ong and Yap. Ong and Yap were forced to follow the officers back to the security department for trespassing UM.

· When Ong and Yap refused to follow the instruction, the officers called the police.

· Police came and brought both Ong and Yap to Pantai Police Station.

8.35pm

· Ong and Yap reached the police station.

· Police accepted the report from the UM security officers, accusing Ong and Yap as trespassers in UM.

· Also, the police found a memorandum of EMPOWER issued to Prime Minister on “Making a Street Safe” on their motorcycle and suspected that they were trying to protest. (*Ong Jing Cheng is a coordinator of EMPOWER-Persatuan Kesedaran Komuniti Selangor)

· Police rejected the request of Ong and Yap to lodge a report on the security guards who harassed them without reasonable excuse.

11.00pm

· Both Ong and Yap were detained overnight by the police and were charged under Penal Code 447.

Abuse of Power
Public Universities are opened zone for public to enter. Security officers of UM should not be intimidating Ong and Yap for trespassing UM because both of them were only visiting a friend at UM. The accuse was not standing on a reasonable ground as the officers claimed that Academy of Islamic Studies (API) is a place for Malay race and any Chinese presented at the venue will be suspected. The responsibility of security officers is to help maintain the order of UM, not abusing one’s power to find fault on targeted people without concrete basis.

The police, on the other hand, should play a role as an independent force to execute the law. In this case, the police was bias towards the UM security officers by only accepting their reports, detaining Ong and Yap without proper investigation.

Demands
Hence, DEMA calls upon the police to release Ong Jing Cheng and Yap Heng Lung and withdraw all charges immediately. DEMA also urges UM authority to take action against the security officers who were not professional and intimidating Ong and Yap without reasonable basis.

What Can You Do?
Fax the sample letter below to Bukit Aman Police Headquarter:
Fax number: 0-322739602
Call Pantai Police Station to ask about the case and demand immediate release of Ong and Yap:
Tel: 03-22822222 or 03-22824786

Released by,
Malaysia Youth and Student Democratic Movement (DEMA)
Lee Song Yong (Secretary of National Affair)
012-6359440
xiumengdema@gmail.com

Sample Letter

Please state your concern and protest and faxing the letter to Bukit Aman Police Headquarter and CC to Vice Chancellor of University Malaya (UM) and Ministry of Higher Education.

To:

Tan Sri Musa Hassan
Inspector-General of Police
Ibu Pejabat Polis Diraja Malaysia
Bukit Aman
50560 Kuala Lumpur.

Release Ong Jing Cheng and Yap Heng Lung Immediately!

We/I from ______________________, oppose the action of the police officers in detaining Ong Jing Cheng and Yap Heng Lung without reasonable basis.

2. We call for immediate release of Ong and Yap because:
i. Both of them were only meeting friends at UM without any other motive or intention.
ii. Local universities are public places, not security zone. Public should be welcomed to enter and utilize the facilities in the university.
iii. Police is an executive force and they should be accountable and independent. In this case, the police worked in coop with the UM security officers and there was an obvious bias in handling the case by rejecting the request from Ong and Yap to lodge a police report against the security officers.

3. Public Universities are opened zone for public to enter. Security officers of UM should not be intimidating Ong and Yap for trespassing UM because both of them were only visiting a friend at UM. The accuse was not standing on a reasonable ground as the officers claimed that Academy of Islamic Studies (API) is a place for Malay race and any Chinese presented at the venue are to be suspected. The responsibility of security officers is to help maintain the order of UM, not abusing one’s power to find fault on targeted people without concrete basis. This will continue to create fear among the students.

4. The police, on the other hand, should play a role as an independent force to execute the law. In this case, the police was bias towards the UM security officers by only accepting their reports, detaining Ong and Yap without proper investigation.

5. We urge the authority to:
i. Release Ong Jing Cheng and Yap Heng Lung immediately.
ii. Withdraw all charges on Ong and Yap.
iii. Take action on security officers of UM who were not professional.

Yours faithfully,

______________
( )

CC:
Ghauth Jasmon,
Vice-Chancellor
University of Malaya
50603 Kuala Lumpur
MALAYSIA
Tel. No : +603 7967 3213 / 3510 / +603 7956 8400
Fax No.: +603 7955 2975
Email: vc@um.edu.my / ghauth@gmail.com

Y.B. DATO’ SERI MOHAMED KHALED BIN NORDIN
Menteri Pengajian Tinggi,
Kementerian Pengajian Tinggi,
Aras 7, Blok E3, Parcel E,
Pusat Pentadbiran Kerajaan Persekutuan,
62505 PUTRAJAYA.
Tel : +603-8883 5010
Faks : +603-8889 1952
Emel : menteri@mohe.gov.my

23 Responses to “Police arrest two for “criminally trespassing” as non-Malays/Muslims in University Malaya’s Academy of Islamic Studies”

  1. “criminal trespass” – yes, ridiculous. But even more ridiculous when a magistrate approved the extension of the remand order by another two days! As reported in Merdeka Review http://merdekareview.com/news/n/10216.html

  2. If this is not “apartheid”, I don’t know what is…

  3. next time if he or she are malays that pass my house i shall have them arrested for the same reason. What a joke.

  4. There is probably more than meets the eye here.

    Since they were there to visit their friend, the proper procedure would have been for their friend to meet them at the gate, have them sign in at the gate, and have their friend bring them in from the gate (wearing visitor passes).

    While the guards may have been wrong with the excuse given, I would think that they were not wrong in denying entry to outsiders of the university. As I understand it, most university buildings are off-limits except to students, staff and guests.

    I think that this may be a matter of minor campus security that got blown way out of proportion. Not sure who’s the culprit though.

  5. [...] from http://jelas.info/2009/07/13/police-arrest-two-for-criminally-trespassing-as-non-malaysmuslims-in-un... Last night, two individuals - Ong Jing Cheng and Yap Heng Lung - were arrested for [...]

  6. Racial segregation is apartheid!

  7. This article is obviously a very biased one. Let’s wait for the other side’s version to form a fair opinion on what is going on. We are not even sure if words attributed to the guards were the one’s actually uttered. Keep an open mind guys.

  8. Huh? Malay only area? What’s this nonsense? What’s so secretive about this ASI area that non Malays cannot set their foot there? If those 2 fellas went there with intention to create trouble I think they should be stopped and send to Polis Raja Di Malaysia. But why arrest 2 innocent fellas who wanted the streets to be safer?

    What has become of Malaysia ah?

  9. My kid will be going to local U soon, I’d be very grateful if the government pls spell out which U is for Malays, which for indians,which for chinese etc so that my kid wont walk into the wrong U to apply and get locked up instead.URGENT.

  10. salam Nat.

    eh kalau dalam Masjid pun non-muslims boleh melawat, inikan pulak setakat bangunan API!

    them polis damn bodoh okay to allow the guards’ reasons, by the way.

    ya lah, what HAS become of M’sia ah???

    kena ajar sket Guards tu — Islam bukan untuk Melayu aje la dey. should recommend also in the draft letter that the guards be fired. sangat membusukkan nama uni AND Islam, ok

  11. i know those 2 guyz are definitely telling the truth…

    i’ve been in the same situsation before, the only difference : i was not jailed (almost)…

    security officerz can go cuckoo at timez…especially the racistz onez…they’re so not professional!!!

  12. Outrageous. Shameful….. if true.

    Gotta check the source of this piece of news first.

  13. caya ah !!!! camtu ke u kite ? dan negara kite ?? semakin menjadi jadi !! memang boleh….boleh darurat oh malaysia !!!! terperanjat membe2 aku kat luar negara dengar !!! cam sial je

  14. 1 Malaysia in display?

  15. What??? Are you sure? This is ludicrous. It wasn’t like that when I was in UM. API is near the sports complex so some of us hang out “near” the area sometimes. Plus 12th college is also near the vicinity.

    Can’t believe this is happening.

  16. Likewise, read from NUTGRAPH that the 2 journalists under cover and went into a church even with police reports, are they arrested yet ?

    Well, for some people, 1 Malaysia means what I think is right for you all and not how the constitution was written. Selective prosecution for what they think are correct. We need to select only those that know how to serve the people first NOT sloganeering.

  17. awesome news

    one more brick in the wall towards destruction

  18. aiyo this article is so biased towards those criminals

    do you seriously believe that they were there to “meet” friends? oh right .. this lying and manipulative bastard will say anything to get away

    they deserve whats coming for them , hopefully they get will convicted .

  19. apa kerja jumpa kawan di API malam2 buta? mcm ada benda x kena dgn tulisan di atas tu. x berapa jelas kenapa harus jumpa di sana. kan banyak tempat lain yg ramai org dan terang benderang. x menimbulkan rasa curiga kpd org lain juga. kdg2 kita mau baca dan dengar apa yg kita mahu baca dan dengar. carilah kebenarannya terlebih dahulu. peace!

  20. honestly,

    what the hell business both of them doing in that area?

    fine..the are meeting some friends but who are they (friends)?

    if the “friends” come forward then i will say.. okay they are bona fide.

  21. “apa kerja jumpa kawan di API malam2 buta?”
    (what are they doing there at such a late hour?)

    Pukul 8 malam bukan malam buta.
    (8pm is not ‘late hour’ )

  22. quote:
    “apa kerja jumpa kawan di API malam2 buta?”
    (what are they doing there at such a late hour?)

    Pukul 8 malam bukan malam buta.
    (8pm is not ‘late hour’ )

    ………………

    nak jumpa, jumpa luar la.
    kalu motorsikal itu rosak kalu, you talipon itu “kawan” la datang angkat.

    aiya kawan.. lu jangan susah susah jalan kaki la.
    tunggu itu “kawan” datang angkat la.

    juga kalo “kawan” lu sudah datang.. boleh discuss ma di luar.

    apa?? lu tadak talipon ka? itu macam ka? aiya plesiden pun tarak talipon ka? Apa? talak kledit? oOOO itu macam

  23. Excuse me, the guards have every right to detain these two guys for trespassing the premises even if they are there to meet a friend. The new VC has made it very clear that the university is no longer widely accessible as before and if you are not a staff/student/related to staff/student, therefore you have no business to be in the university’s compound. The university compound is not for any Tom, Dick and Harry to enter at will, andnot an open zone for the public. This is also true of many government buildings and institution for security purposes.

    UM has had a number of theft cases involving personal as well as university property. Hence, the increase in security is necessary. As for the alleged racist reason for their detainment, that is hogwash. The Akademi Pengajian Islam offer courses that are open to everyone, including the non-Muslims and there are no Islam/Malay restriction to be in the Academy’s compound. There are also a number of girls (Malay and non-Malay) who do not wear headscarves who attend lectures there and they have never been intimidated/molested/etc.

    I am sure that the guards at USM, UKM, UPM, UiTM and all other institutions of higher learning screen visitors and those wanting to enter the premises. Please do not make this into a racist issue as it is only a security concern.

    Judging from the timeline provided from the link, they were making their way to the API at 8 pm. There are no activities there that night that is open to the public (please see http://apium.um.edu.my/news/Activity/news_09/JULY09.pdf); therefore their presence there may be viewed to be of suspicious nature.

    Please do not foment unnecessary suspicion and ill will among us. There is anough to go around without taking things out of context and jumping on your soapbox while you’re at it.

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