Definitions
“Associations” means any combination or body of persons, whether the same be known by distinctive name of not, and “Unlawful Association “means an Association which encourages or aids persons to commit Acts of violence or intimidations or of which the members habitually commit such acts which has been declared to be unlawful by the President of the Union under the power hereby conferred.

If the President of the Union of opinion that any Association interferes with the administration of the law and order, or that it constitutes a danger to the public peace, the President of the Union may, by notification in the gazette, declare such Association to be unlawful.

Whoever is a member of an unlawful Association, or takes part in meetings of any such Association, or contributes, receives, solicits any contribution for such Association, or assists the operations of any such Association shall be punished with imprisonment for a term not less than two years, not more than three years and shall also be liable to fine. (Section 17-(1))
Whoever manages or assists in the management of an unlawful Association, or promotes or assists in promoting a meeting of any such Association, shall be punished with imprisonment for a term not less than three years and not more than five years and shall also be liable to fine. (Section 17 (2))

The Unlawful Associations Act of is different from Section – 121 High Treason offence in Penal Code (Burma Code - Volume  VIII) and Section - 141 Unlawful assembly in Penal Code also.

Whoever wages war against the Union of Burma, or assists or incites or conspires with any person to wage war, or attempts or prepares by force of Arms or other violent means to overthrow the organs of the Union, or takes part or is concerned in, or conspires with any person, or to take part in any such attempt shall be guilty of the offence of High Treason.

Section - 121 High Treason is offences against the State and whoever commits High Treason within the Union shall be punished with death or transportation for life.

Section - 141 of the Penal Code is offences against the Public Tranquility. If an Assembly of five or more persons composing that assembly is -

1. Use criminal force, or show criminal force to the Union Parliament of the government or any public servant in the exercise of the lawful power,
2. To resist the execution of any law, or of any legal process,
3. To commit any mischief or criminal trespass of other offence,
4. To use criminal force or show of criminal force to any person to take possession of any property, or to deprive the enjoyment of a right of way, the use of enjoyment of a right of way, the use of water, to enforce any right,
5. To use criminal force or show criminal force to make any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six months or with fine or with both.
I am forwarding these Sections to let people know the differences between Unlawful Associations Act, Unlawful Assembly and High Treason offences.

Sao Mya Wadi
BA (Law), LL.B
Advocate & Notary Public

The article is reproduced from Mawk Ngao Ngoon magazine, published by Shan Literature and Culture Association (Central), 2013. Commenting on it, one prominent lawyer has referred to the following quote: The law that cannot be followed by the people is no law - Editor