The good people at Desa Seri Hartamas have many things going for them. Their houses are well built with spacious gardens and a central playground. This is enhanced by the housing estate sitting on a choice location.
A few years ago there were many burglaries and snatch thefts as the place was rather isolated then. The residents rallied around to combat this intrusion into their tranquillity and security. They hired private security guards to patrol their grounds.
They were among the first in the country to do so. Things were well again. Desa Seri Hartamas was an exemplary housing development and its value soared.
Employing security guards is perfectly legitimate so long as they know their limitations. But that does not seem to be the case here.
Initially the security guards only patrolled the area which I believe is about all they can do under the law.
As time went on, however, they became bolder.
There were many instances when they trailed visitors.
This was later taken a notch up when they began to question people passing through, which one can only put down to the guards looking for something to do or to kill boredom.
On one occasion a guard actually asked me to move on when I had stopped to answer my cellphone.
Things took a turn for the worse when temporary barricades were placed on the roads leading into the area, narrowing it such that it became a problem entering and leaving.
These barricades were then extended completely across the roads during school hours, denying parents access through the area to the school nearby.
Residents of this housing estate have taken the law into their own hands.
Recently, my daughter complained of a sore throat and as it was past nine in the evening, I decided to go to the pharmacy in Desa Seri Hartamas which opened until late.
Well surprise! Desa Seri Hartamas has now become a gated housing estate.
A metal barrier with the swing mechanism has been built. A guard at the barrier refused me entry as I had no resident's sticker.
While I was explaining to the guards that they had no authority to block a public road, a resident who was returning home, told me that I had no right of entry to "his" housing estate as I was not a resident.
Just like other housing estates, Desa Seri Hartamas is a public area that became so when City Hall took over the administration of the development. The streetlights, roads, grass verges, garbage disposal and sewerage are all managed by the local authority.
Being a public area, anyone has the right to visit, stay and drive through Desa Seri Hartamas. The attempt by the residents to make it their private enclave is illegal and a breach of the constitutional rights of other citizens.
I sympathise with the residents that their area invites unnecessary visitors and traffic as the business centre next to them is today second to none in vibrancy.
The principle is, if you cannot accept it you have the option of moving out but not the option of keeping others out.
City Hall should not be lulled by the security argument in allowing residents to break the law nor condone it by turning a blind eye. This is a breach of city by-laws and the freedom of other Malaysians.
If this is not nipped in the bud, a whole movement to barricade themselves by other housing estates will ensue; it has been replicated in Medan Damansara nearby. Next, these residents may decide that having come so far, they may as well go all the way and, start collecting toll to help pay the guards.
Since I live in a cul-de-sac, all I need is a single guard to start a similar operation. Where then will all this lead us to?
17/05/2004
The Star
By Egalite, Kuala Lumpur
A few years ago there were many burglaries and snatch thefts as the place was rather isolated then. The residents rallied around to combat this intrusion into their tranquillity and security. They hired private security guards to patrol their grounds.
They were among the first in the country to do so. Things were well again. Desa Seri Hartamas was an exemplary housing development and its value soared.
Employing security guards is perfectly legitimate so long as they know their limitations. But that does not seem to be the case here.
Initially the security guards only patrolled the area which I believe is about all they can do under the law.
As time went on, however, they became bolder.
There were many instances when they trailed visitors.
This was later taken a notch up when they began to question people passing through, which one can only put down to the guards looking for something to do or to kill boredom.
On one occasion a guard actually asked me to move on when I had stopped to answer my cellphone.
Things took a turn for the worse when temporary barricades were placed on the roads leading into the area, narrowing it such that it became a problem entering and leaving.
These barricades were then extended completely across the roads during school hours, denying parents access through the area to the school nearby.
Residents of this housing estate have taken the law into their own hands.
Recently, my daughter complained of a sore throat and as it was past nine in the evening, I decided to go to the pharmacy in Desa Seri Hartamas which opened until late.
Well surprise! Desa Seri Hartamas has now become a gated housing estate.
A metal barrier with the swing mechanism has been built. A guard at the barrier refused me entry as I had no resident's sticker.
While I was explaining to the guards that they had no authority to block a public road, a resident who was returning home, told me that I had no right of entry to "his" housing estate as I was not a resident.
Just like other housing estates, Desa Seri Hartamas is a public area that became so when City Hall took over the administration of the development. The streetlights, roads, grass verges, garbage disposal and sewerage are all managed by the local authority.
Being a public area, anyone has the right to visit, stay and drive through Desa Seri Hartamas. The attempt by the residents to make it their private enclave is illegal and a breach of the constitutional rights of other citizens.
I sympathise with the residents that their area invites unnecessary visitors and traffic as the business centre next to them is today second to none in vibrancy.
The principle is, if you cannot accept it you have the option of moving out but not the option of keeping others out.
City Hall should not be lulled by the security argument in allowing residents to break the law nor condone it by turning a blind eye. This is a breach of city by-laws and the freedom of other Malaysians.
If this is not nipped in the bud, a whole movement to barricade themselves by other housing estates will ensue; it has been replicated in Medan Damansara nearby. Next, these residents may decide that having come so far, they may as well go all the way and, start collecting toll to help pay the guards.
Since I live in a cul-de-sac, all I need is a single guard to start a similar operation. Where then will all this lead us to?
17/05/2004
The Star
By Egalite, Kuala Lumpur
_________________
Can security guards ask for your MyKad or Driving License (even just for recording purposes only)?
There are a lot of confusion when it comes to this "GnG" subject. This lack of clarity and knowledge by the communities have been used by unscrupulous RAs to bully its non-paying residents and the surrounding communities.
When we want to talk about this subject, we need to define first whether we are referring to a formal GC scheme or an informal "GC" scheme? They are both very different and people should know the differences.
Due to the lack of understanding and awareness by the public, the RAs have been taking advantage of the situation to coerce residents to sign up their bogus scheme by flouting the guidelines and breaking the laws.
Regulation 7 of the Peraturan-Peraturan Pendaftaran Kebangsaan 1990 clearly states that security guards (or any persons) are not allowed to conduct checks on your identity, let alone request for any kind of identification documents.
Regulation 7 also explicitly states that only certain officers are allowed to inspect the identity of a person and request the person to produce his/her MyKad for inspection. These officers include:
- registration officers (of the National Registration Department of Malaysia or JPN)
- police officers (PDRM)
- customs officers/ immigration officers
- members of the Armed Forces on duty
- public officers authorized by the Director General
"Informal Gated Community" schemes that are operated by Residents Associations (RA) in non-private housing areas are not legal gated communities at all. Actually, these so-called "GnG" schemes implemented by RAs are against the laws and guidelines.
What your RA won't tell you :-
- That it is illegal to block public roads in residential areas (only allowed in private property /residences)
- That it is an offense for security guards to ask for I.C. or driving license even for recording purposes only (only allowed in strata or private GC residences)
- That auto access card system is prohibited and illegal (only legal in strata and/or formal GC residences)
- That they have no right to stop non-participating residents or any law-abiding citizens access
- That rightfully, they can only apply for a Guarded Neighbourhood GN scheme (classified as an Informal GC scheme)
- That they are required to put up a Notice Board containing all relevant information (please refer below guidelines by one of the local councils)
- If they have obtained all the necessary requirements & approvals from the relevant authorities
- That all their security guards have license and have undergone all checks, tests and other requirements from KDN
- How much money they are making every year from operating these schemes
- That they have their own personal selfish agendas to fulfill and are profit driven
- How lucrative is this industry and how easy it is for them to bs the residents
- That many residents have dropped/opted out of the scheme along the way and they no longer have enough consensus to operate
- That their GN scheme approval is actually on a temporary basis
- Not only is their scheme unlawful, it is also discouraged by the government and is actually against the National Unity Blueprint
- That there are other neighborhood watch schemes such as Rukun Tetangga, Skim Rondaan Sukarela SRS and Community Policing CP that don't cost any monthly fee at all.
- Yes... you can guess a few more (or you can read about them from the media)
However, all formal gated communities that are managed by Management Corporation (MC) or Joint Management Body (JMB), are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013.
Therefore, only formal gated communities have the right to block roads and demand visitors for their MyKad or Driving License. So, only licensed security guards on duty at formal gated communities can ask for your MyKad or Driving License for recording purposes only (and even so, they have no right to retain/hold your MyKad or driving license - Regulation 8A)
This is as clear as it can get... hope this helps!
