Letter – Two to tango, possibly more for affray – Hafiz Hassan

POLICE have reclassified the case of harassment and assault against The Vibes’ reporters. According to Kuala Lumpur Criminal Investigations Department chief Habibi Majinji, the case will now be investigated under Section 160 of the Penal Code that relates to offences involving those committing affray.

Habibi told The Vibes that he made the decision to reclassify the investigations after personally going over the facts of the case.

Affray, as defined by Section 159, is committed when two or more persons, by fighting in a public place, disturb the public peace.

Thus, to constitute an affray, there must be a fight between two or more people; the fight must be in a public place; and the fight must disturb the public peace.

A fight happens when blows are exchanged in a “bilateral transaction”. (See Eldon v PP [2001] 1 SLR 710)

When there is a fight – that is, when blows are exchanged – in a public place, there is a disturbance of the peace. It is said that no further proof by the prosecution is necessary.

It follows that if a person is attacked by another in a public place and he makes no retaliation whatsoever, he cannot be guilty of fighting in public.

Accordingly, no quarrelsome or threatening words whatsoever will amount to an affray. (See the authoritative commentary of the Penal Code, Ratanlal and Dhirajlal, Law of Crimes, Vol 1, 24th Edn, 1997) p 647.

So, while it takes two to tango, it takes two or more to commit an affray.

The decision to reclassify the case of harassment and assault against The Vibes’ reporters would mean that the reporters would be investigated. – The Vibes, May 17, 2022

Hafiz Hassan reads The Vibes