Perak police chief Azizi Mat Aris was quoted by Utusan Malaysia as saying that all five were summoned for questioning yesterday as the rally was held without prior notification.
He said they included Gunung Semanggol assemblyman and Perak PAS commissioner Razman Zakaria and Selinsing assemblyman Sallehuddin Abdullah. The identities of the remaining three were not disclosed.
“The investigation papers on this rally have been completed and will be forwarded to Bukit Aman’s legal division (D5) before being referred to the Attorney-General’s Chambers for further action,” he told a press conference at the Perak police headquarters.
He also said that eight reports were received regarding the rally, which lasted over an hour and involved more than 300 participants.
The case is being investigated under Section 9(1) of the Peaceful Assembly Act 2012.
“Our investigation focuses on the lack of notification rather than the act of displaying the Jalur Gemilang in public,” Azizi said.
Previously, the media reported that the rally served as a counter-demonstration in response to the Guan Gong festival after a video was shared online showing a group of people waving the Chinese flags near the Leaning Tower in Teluk Intan during a parade on Oct 24.
The Guan Gong temple chairman Soon Boon Hua later apologised, saying members of a delegation from China had unexpectedly waved their national flags.
On a separate probe involving the permit violation by the organisers of the festival, Azizi said the investigation papers had been referred to D5 today.
“We are awaiting instructions on whether additional evidence is needed or if we should proceed with charges in court,” he said.
Last Saturday, Azizi said that the organisers had violated a permit, approved on Oct 2, which did not allow foreigners to participate in the parade.
Police had recorded statements from 16 Chinese nationals, including eight men aged between 40 and 61, who took part in the parade. Statements were also taken from the organiser’s chairman, secretary and treasurer.
The case is being investigated under Section 3(1) of the National Emblems Act 1949 for flying a foreign flag in public places and Section 4(1) of the Peaceful Assembly Act 2012 for the alleged permit violation.