00:00Business owners affected by the recent national flight controversy in Penang may face significant hurdles in seeking compensation for losses, with legal experts suggesting that any potential claim is likely to fail.
00:14On August 14, 10 shops along Jalan Bertang Permata in Kapalabatas shut their doors ahead of a gathering organized by UMNO Youth after a video went viral showing the Jalo Gomilang being flown upside down outside a hardware store in the area.
00:31Lawyers say the principle of remoteness of damages may be invoked to deny such claims since the closures were voluntary and made on police advice rather than under compulsion or through direct interference.
00:44Lawyer Julian Chan said under Malaysian law, businesses are not automatically entitled to compensation simply for choosing to close in anticipation of unrest or based on police recommendations.
00:56He said since this economic loss was unaccompanied by physical damage, the courts would be cautious about allowing recovery unless legislature has provided otherwise.
01:05Meanwhile, lawyer Alif Benjamin Suhaimi suggested that a more viable legal route might involve pursuing claims against the rally organizers, though such a claim would still be difficult to prove without evidence of intent to harm.
01:20Lawyer Ashok Kandia, however, said any legal action would likely fail given that the closures were made voluntarily and as a precautionary measure.
01:28Natasha Bust, FMT
01:31Lawyer Guy
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