KUALA LUMPUR – A communist-themed restaurant in Penang that hit the headlines when police stripped it of its controversial décor last weekend has been allowed to continue operating.
George Town police chief Soffian Santong was quoted by The Star as saying that the eatery will be shut down if its decorations that bear a resemblance to former Chinese Communist Party (CCP) chairman Mao Zedong and revolutionary activity are used again.
Investigations are ongoing, and the probe papers will be handed over to the deputy public prosecutor once completed.
It was reported that police are investigating the restaurant owner under Section 47 of the Societies Act and Section 505(b) of the Penal Code.
Section 47 states that any person who prints, publishes or displays any material appearing to be issued by or on behalf of the interests of an unlawful society shall be guilty of an offence.
Section 505(b), meanwhile, stipulates that whoever makes, publishes or circulates any statement, rumour or report that is likely to cause fear or alarm to the public or any section of the public is breaking the law.
However, members of the legal fraternity suggest that police may have abused their powers, especially when they tore down the restaurant’s communist-themed wallpaper, which depicted a caricature of Mao.
Former Malaysian Bar president Ragunath Kesavan described it as both illegal and an overreaction.
“Keeping posters, materials and books does not amount to an illegal activity,” he told The Vibes.
He asked whether the authorities are now starting to police people’s thoughts.
Lawyer Kuhan Raj was baffled that police chose to conduct their probe under the Societies Act.
“If you look at the preamble of the act, it relates to the registration of societies.
“In this case, it concerns a commercial establishment, and not on behalf of CCP or the Communist Party of Malaya.”
With regard to the Penal Code, he said, Section 505(b) requires the intention to cause fear or alarm among the public.
“I don’t think they had that intention. It was just an image to create an ambience similar to that in Hunan.”
Hunan was Mao’s birthplace, and the Penang eatery in question is called Xiang Ge Li Li La Authentic Hunan Restaurant.
“Is that likely to cause alarm? If that’s the case, you can’t display images of Che Guevara,” said Kuhan, referring to the iconic Marxist leader of the Cuban revolution whose image is widely used in popular culture.
He said police should understand that the commercial use of such images has no link to ideology, but is for business purposes.
“Police’s actions can indeed amount to an abuse of power, and they could be liable to a civil suit. They should not have torn down the wallpaper. Everyone is innocent until proven guilty.”
Given that Mao was a revolutionary figure in China, the incident involving the Penang restaurant has raised questions on whether it will strain Malaysia’s ties with Beijing.
In fact, a Hong Kong news portal has published an article titled “Malaysian authorities risk damaging relationship with China by investigating a Penang restaurant decorated with communist-themed wallpaper”.
When contacted by The Vibes, the Chinese consulate in Penang said its officials are aware of the matter and following the developments in the case, adding that they will release a statement soon.
Ngeow Chow Bing, deputy vice-chancellor (research and innovation) at Universiti Malaya’s Institute of China Studies, believes that Putrajaya’s relationship with the economic powerhouse will not be affected.
“In China, communist-themed restaurants are actually expressions of the commodification of the ideology. It is more commercial rather than ideological.”
He said the owner of the Penang eatery thought the décor would be an interesting marketing gimmick, without realising Malaysian sensitivities.
“I think it’s just a stupid mistake by a local restaurant. Malaysia-China ties will not be affected by this kind of small issue.”
On Saturday, the media reported that the restaurant operator, who is Malaysian, is under investigation for having in his two outlets – one in Pulau Tikus on the island, and the other in Juru on the mainland – communist-themed wallpaper and cups.
Police believe that his wife, a Chinese national, was responsible for putting up the décor. – The Vibes, January 6, 2021
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