KUALA LUMPUR – Former Skudai assemblyman Dr. Boo Cheng Hau has criticised the Pontian Municipal Council (MPPn) for allegedly overstepping its authority in suspending the licences of businesses over flag-related incidents, stressing that enforcement lies strictly with the police under federal law.
The DAP Taman Ungku Tun Aminah publicity secretary said the suspension of a dental clinic’s operating licence after it mistakenly displayed the Jalur Gemilang upside down was unlawful, as the National Emblem (Control of Display) Act 1949 (Act 193) places enforcement under the Royal Malaysian Police, while prosecution decisions rest with the Attorney General’s Chambers.
“The offence of deliberately displaying the national flag upside down is a criminal offence under the National Emblem (Control of Display) Act 1949. According to Sections (6) and (7) of the Act, the enforcement of this Act is under the jurisdiction of the Royal Malaysian Police,” he said in a statement today.
He added that cases must be decided by the public prosecutor before being charged in court, and local authorities such as MPPn are not given any such powers under parliamentary Acts, including the Local Government Act.
Dr. Boo also highlighted that the Pontian council itself had been caught in a flag controversy.
On August 31, just days after issuing a closure order against a mini-market in Pekan Nanas for flying the Johor flag upside down, MPPn was criticised for sharing a photo on its official Facebook page showing a Jalur Gemilang with a 16-point star instead of the correct 14.
The post, believed to show National Day decorations on a building in Pontian, has since been removed, with the council saying it was investigating the allegation.
Prior to that, a dental clinic in Pontian was also ordered to close for 30 days over an upside-down Jalur Gemilang.
MPPn president Abdul Azim Shamsuddin had defended the action, saying the closures were made under the council’s Business and Trade Licensing By-Laws 2019, which allow premises to be shut for flag violations.
“The Pontian Municipal Council president has exceeded the jurisdiction granted under Act 171 and overstepped the jurisdiction within Act 586 when suspending the operating licence of a dental clinic in Pontian,” Dr. Boo said, noting that private medical premises fall under the Ministry of Health’s CKAPS unit, not local councils.
He said the council’s approach, coupled with inconsistencies in its own flag displays, undermines the rule of law and risks politicising the issue.
“This matter should be resolved according to the rule of law and the supremacy of the Federal Constitution. If necessary, it should be referred to the Attorney General’s Chambers for clarification,” he added, calling for a disciplinary investigation into the conduct of the council president.
The flag issue in Pontian has drawn wider public scrutiny in recent weeks, coinciding with National Day celebrations. Police have said investigations into the incidents are ongoing, with initial findings suggesting the mistakes were due to negligence rather than deliberate acts of disrespect. – September 2, 2025