Guards have No Real Authority By OH ING YEEN [email protected] THE law should be amended to allow for the partial closure of residential roads if neighbourhood security systems are to have more bite. Petaling Jaya City Council (MBPJ) councillor Derek Fernandez called on wakil rakyat to amend the Road Transport Act 1987 and Street, Drainage and Building Act 1974 to make this possible. He said this in response to StarMetro’s story “Admission is no barrier” which revealed that security guards were allowing non-residents to enter neighbourhoods without asking for details and registering the visitor. “I have raised this issue since 2009. In a guarded community, even if they receive support from the local authority, guards have no legal power to ask for any form of personal identification document, especially MyKad, let alone prohibiting the public to enter via public roads. “This is unlike gated-and-guarded communities where the guards have a right to stop outsiders from entering as it is private property. “When it comes to non-gated neighbourhoods with only security services, guards do not have any power,” he said. Fernandez also cited examples of guards being harassed when they did not allow people to enter the neighbourhood. “The complaint that guards are not doing their job to stop non-residents is unfounded as they are not authorised to stop vehicles from entering,” he said. Many readers have questioned the right of certain residents associations to barricade public roads and for guards to hold their MyKad. In an email, Peter Ong asked if there was any legislation that allowed private security personnel to stop anyone from using a gazetted public road or require they register before allowing them in. “I believe that anyone can refuse to comply as we have a right to use a public road. I do not think that every resident agrees with having checkpoints. “One housing area in Wangsa Melawati, Kuala Lumpur tried to have checkpoints but it failed because a large number of residents refused to pay the security fee,” he said. Ong also gave another example of a housing area which has a security system with signs on most of the houses stating they are being monitored by the security company. “There are however some without a sign, implying those living there are not paying the security fee. Does this mean the security personnel will just close an eye if a burglar enters their homes? “You cannot prevent a non-paying house owner from accessing his property via a public road and neither can you take legal action if he refuses to pay. “I believe that residents who pay for such schemes are expecting a service level that cannot be enforced,” he said. Another reader wrote: “What law or bylaw gives residents of a particular community the right to block access to public roads? “Do the residents or the guards, most of whom are foreigners, have the authority to stop any vehicle and prevent them from passing or accessing any road? “This will be tantamount to the guards having the same powers as the police. “Is the guard authorised to demand that you register with the guard house and provide information such as your name and MyKad?” The reader said this had happened to him numerous times and he had to call the police to deal with the situation.
Posted on: Sun, 14 Jul 2013 01:22:08 +0000
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