KUALA LUMPUR – Political parties should not try to take unilateral and unlawful action outside the scope of the existing law, DAP’s Dr Boo Cheng Hau said today, after a dental clinic in Pontian was ordered to shut down for 30 days for displaying the national flag upside down.
The former Johor assemblyman and publicity secretary for the party’s Taman Ungku Tun Aminah branch said the Pontian Municipal Council (MPPn) had overstepped its jurisdiction in issuing a summons under its by-laws to close the clinic.
“The jurisdiction of local governments is clearly stipulated in the Local Government Act 1976 (Act 171).
“Any enforcement powers and by-laws must be limited within that scope, which covers matters such as urban management, food safety, public hygiene, nuisance control, and licensing for certain activities,” Dr Boo said in a statement issued in Iskandar Puteri.
He argued that professional services such as medical and dental clinics fall under the licensing authority of the Ministry of Health, not municipal councils, and that the Pontian council had acted ultra vires by ordering the clinic to stop operations.
Dr Boo further noted that laws governing the display of the Jalur Gemilang, including the National Emblem (Control of Display) Act 1949, the Emblem and Names (Prevention of Improper Use) Act 1963 and the Sedition Act 1948, fall under the jurisdiction of the police rather than local governments.
“In this case, I urge all parties concerned to allow the police to carry out their duties without fear or favour. Other parties, including the Pontian Municipal Council and political parties, should not try to take unilateral and unlawful action outside the scope of the existing law,” he said.
The controversy arose after a 33-second video showing the upside-down national flag at the private dental clinic went viral last week. The Jalur Gemilang had been displayed next to the Johor state flag, which was correctly flown.
Johor police had already said the matter was being investigated. Nevertheless, the local council issued an order on August 20 to close the clinic for 30 days.
The incident was among several recent cases of flag misplacements ahead of Merdeka celebrations.
Previously, Inspector-General of Police Khalid Ismail said five cases of upside-down flags had been referred to the Attorney-General’s Chambers, while six cases in total were being investigated – two in Johor, two in Penang, one in Selangor and one in Negeri Sembilan.
He noted such cases tend to surface in the run-up to Independence Day. – August 23, 2025