CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP Section 28A4 of the CPC. The Panel found that the officer who made the order had acted mala fide and had improper motives in making the order to deny access to counsel. Although the provision states that this right can be temporarily denied, the Commission urges the police to use the exemptions stipulated only in exceptional and genuine cases. (c) Complaints from Indigenous Peoples In March, the Commission received a memorandum from the Jaringan Perpaduan Orang Asli. On 24 February, the group had protested in front of the Orang Asli Hospital in Gombak, Selangor, to express dissatisfaction with the management of the hospital by the Department of Orang Asli Affairs (DoOAA). Among the issues raised were allegations that the ‘Flying Doctor’ service did not reach Orang Asli settlements in the interior; malnutrition among Orang Asli children; mistreatment of 4 Section 28A. Rights of person arrested: (1) A person arrested without a warrant, shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest. (2) A police officer shall before commencing any form of questioning or recording of any statement from the person arrested, inform the person that he may: (a) communicate or attempt to communicate with a relative or friend to inform of his whereabouts; and (b) communicate or attempt to communicate and consult with a legal practitioner of his choice. (3) Where the person arrested wishes to communicate or attempt to communicate with the persons referred to in paragraphs (2)(a) and (b), the police officer shall, as soon as may be, allow the arrested person to do so. (4) Where the person arrested has requested for a legal practitioner to be consulted the police officer shall allow a reasonable time: (a) for the legal practitioner to be present to meet the person arrested at his place of detention; and (b) for the consultation to take place. (5) The consultation under subsection (4) shall be within the sight of a police officer and in circumstances, in so far as practicable, where their communication will not be overheard; (6) The police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until the communication or attempted communication under paragraph 2(b) or the consultation under subsection (4), has been made; (7) The police officer shall provide reasonable facilities for the communication and consultation under this section and all such facilities provided shall be free of charge. (8) The requirements under subsections (2), (3), (4), (5), (6) and (7) shall not apply where the police officer reasonably believes that: (a) compliance with any of the requirements is likely to result in: (i) an accomplice of the person arrested taking steps to avoid apprehension; or (ii) the concealment, fabrication or destruction of evidence or the intimidation of a witness; or (b) having regard to the safety of other persons the questioning or recording of any statement is so urgent that it should not be delayed. (9) Subsection (8) shall only apply upon authorisation by a police officer not below the rank of Deputy Superintendent of Police. (10) The police officer giving the authorisation under subsection (9) shall record the grounds of belief of the police officer that the conditions specified under subsection (8) will arise and such record shall be made as soon as practicable. (11) The investigating officer shall comply with the requirements under subsections (2), (3), (4), (5), (6) and (7) as soon as possible after the conditions specified under subsection (8) have ceased to apply where the person arrested is still under detention under this section or under Section 117. 40