The legal bid by former DAP member Hew Kuan Yau to quash the Home Ministry’s ban on his comic book Belt and Road Initiative for Win-Winism will be heard by the High Court in Kuala Lumpur on Feb 22 next year.
Hew’s counsel J Shamesh today confirmed the hearing date of the merits of the judicial review.
“Hew Kuan Yau’s judicial review challenging the ban on his comic is fixed for hearing on Feb 22 next year, before KL (Kuala Lumpur) High Court judge Mariana Yahya.
“All pleadings are closed and parties are now waiting for the hearing date in February,” the lawyer informed Malaysiakini this afternoon.
Under the law of civil litigation, the pleadings stage is when parties in a legal matter file and exchange court documents relevant to the legal action.
Pleadings are deemed closed after a certain period of time has passed after the filing of certain court documents.
On Jan 6 this year, the High Court granted leave to Hew to commence judicial review against the ban on the comic book.
According to the judicial review application filed on Nov 26, 2019, the home minister (who is not named), the Home Ministry, the Attorney-General’s Chambers (AGC) and the government of Malaysia are named as respondents.
The judicial review application seeks to quash the home minister's ban order and the AGC's gazette of the ban order, dated Oct 23, 2019.
Hew is seeking for the court to rule Section 7(1) of the Printing Presses and Publications Act 1984 as being unconstitutional and null and void.
He also seeks a court order to compel the Home Ministry to return all seized copies of the book.
The applicant also sought a court order or declaration to enforce the "Fundamental Liberties" rights, as enshrined in Part II of Federal Constitution, in relation to the book ban order by the home minister.
Hew, who is known by his moniker 'Superman Hew', is the co-author of the comic published by the Asia Comic Cultural Museum in three languages - Malay, English and Chinese. The prohibition order applies to all three languages the comic book is published in.
The book purportedly largely painted a glowing picture of China and its "Belt and Road Initiative", while allegedly putting the Western world in a negative light.
Other controversial parts include the alleged describing of Malays sympathising with the ethnic Uyghurs in China - who are allegedly being put in "re-education camps" by Beijing - as "radicals".
Then prime minister Dr Mahathir Mohamad reportedly said on Oct 21 last year that while Malaysia regards China as a friend and the Belt and Road Initiative (BRI) has benefited the country, it is not for Malaysia to promote Beijing's ideology to our children.
Then, two days later, the Home Ministry announced the ban on the comic book, for its alleged promotion of communism and socialism, under Section 7(1) of the Printing Presses and Publications Act 1984.
On Nov 26 last year, Hew filed the judicial review application at the High Court in Kuala Lumpur. - Mkini
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