Appeals court upholds RM10,000 fine for ex-student over UM convo protest

The Court of Appeal today upheld the conviction and RM10,000 fine imposed on activist Wong Yan Ke for insulting the then Universiti Malaya vice-chancellor and convocation attendees during a protest in 2019.

A three-member bench chaired by Justice Noorin Badaruddin dismissed Wong’s appeal against his conviction and sentence under Section 504 of the Penal Code, which criminalises intentional insult with the intent to provoke a breach of the peace.

The court found that the charge was valid, the prosecution proved all elements of the offence beyond reasonable doubt, and there was no miscarriage of justice.

The other judges on the bench were Justices Hayatul Akmal Abdul Aziz and Meor Hashimi Abdul Hamid.

Noorin, who delivered the court’s decision, said there was no material misdirection by the magistrate and no basis for the appellate court to interfere with the High Court’s decision.

“We are unanimously satisfied that the appellant’s appeal against conviction and sentence is without merit. The appeal is dismissed,” she said.

The bench maintained the sentence imposed by the High Court on April 15 last year – a RM10,000 fine, in default of six months’ jail. Wong, 29, paid the fine.

Addressing Wong directly, Noorin said the court was not punishing him for holding a different view.

“The court does not punish you for holding a different view. It punishes conduct which, in the court’s finding, has exceeded the limits prescribed by law,” she said.

She said freedom of speech was an important right but did not give a person the right to disregard the law.

“In a democratic society, we must not only uphold the right to speak, but also accept the responsibilities that come with that right,” she said.

Noorin said Wong remained free to speak, criticise and disagree, but should exercise that freedom in a manner that respects the law.

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

Wong was initially fined RM5,000.

The magistrate rejected his argument that he had no other means of expressing his views, saying there were various avenues he could have used before resorting to the protest.

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

Lawyers Haijan Omar, Farida Mohammad, Chan Yen Hui, Asyraaf Abu Bakar Hamzah and Chong Kar Yan appeared for Wong, while deputy public prosecutors Jasmee Hameeza Jaafar and Zain Ibrahim represented the prosecution.

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