Ex-student gets leave to appeal conviction, fine over UM convo protest

Ex-student gets leave to appeal conviction, fine over UM convo protest

The Court of Appeal allows Wong Yan Ke’s application after finding that he had met the threshold required for leave to be granted.

Wong Yan
In October 2019, former UM student Wong Yan Ke carried a placard on stage during his convocation, demanding the resignation of the varsity’s vice-chancellor. (Bernama pic)
PETALING JAYA:
The Court of Appeal today allowed an application by a former Universiti Malaya (UM) student for leave to appeal against his conviction and RM10,000 fine for insulting the UM vice-chancellor by staging a protest during a convocation ceremony in 2019.

A three-member panel comprising Justices Azman Abdullah, Zaini Mazlan and Noorin Badaruddin allowed Wong Yan Ke’s application after finding that he had met the threshold required for leave to be granted, Bernama reported.

Azman said there were several questions relating to Section 504 of the Penal Code that warranted further argument.

In October 2023, the Kuala Lumpur magistrates’ court found Wong guilty of insulting the then UM vice-chancellor, Abdul Rahim Hashim, and attendees of the convocation, on Oct 14, 2019, by carrying a placard on stage demanding Rahim’s resignation.

The court disagreed with Wong’s reasoning that he had no other means of voicing his views, saying there were numerous options he could have used before resorting to the protest.

Wong was fined RM5,000.

The charge was framed under Section 504 of the Penal Code, which carried a maximum penalty of two years’ imprisonment, a fine, or both upon conviction.

In April, the High Court in Kuala Lumpur dismissed Wong’s appeal against his conviction and imposed a further RM5,000 fine, bringing the total to RM10,000.

During today’s proceedings, Wong’s counsel, Chong Yin Xin, proposed seven questions of law for the court’s consideration.

However, deputy public prosecutor Zaki Asyraf Zubir objected to the leave application, arguing that the questions were not novel.

One of the questions is on whether the charge under Section 504 of the Penal Code against the applicant is defective and flawed.

This is because it does not state the offending act in the charge, thereby failing to provide sufficient notice to the applicant regarding the charge faced, prejudicing him and resulting in a miscarriage of justice.

Wong was also represented by lawyers Chan Yen Hui and Chong Kar Yan.

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