ALVIVI: When MEAT-BONE-TEA can threaten national security, you know Malaysia is in SINKING

The Kuala Lumpur High Court today dismissed an application by sex bloggers Alvin Tan and Vivian Lee to strike out one of the three charges against them.

Justice Kamardin Hashim said Section 298A (1) (a) of the Penal Code was applicable to all races and is not merely exclusive to Muslims.

Section 298A (1) (a) states that whoever by words, or by signs or visible representation, causes or is likely to cause disharmony, disunity or feelings of enmity, hatred or ill will on grounds of religion, can be punished with imprisonment of between two to five years.

Kamardin said the charges which had been filed against Tan and Lee in the Sessions Court were valid as the couple's actions could have threatened public order and national security.

Tan, who was clad in a black t-shirt and grey jeans, and Lee, in black top and black jeans, remained calm as Kamardin read out his reasons for dismissing their application.

They then made a public apology and expressed sincere regret over their actions.

"Vivian and I just want to apologise again as we regret our actions. We will not do it again," said a sombre looking Tan, who held Lee's hand.

The couple had applied on October 31 to strike out one of the three charges under Section 298A (1) (a) of the Penal Code.

The duo's counsel Chong Joo Tian had submitted that the word "Bak Kut Teh" means "meat bone tea", and the usage of the terminology does not cause humiliation to the Islamic religion.

Chong was reported as saying that the feeling of humiliation was only caused by confusion and lack of knowledge among several Muslims.

He argued that Section 298A (1) (a) of the Penal Code was basically a provision of law to control, manage and ensure smoothness of the practice of Islam among its followers.

Kamardin, however, said that Lee and Tan's act in inviting Muslims to savour Bak Kut Teh during the fasting month was clearly an insult to all Muslims.

"It will surely stir hatred, anger and cause disunity among the Muslim and Chinese communities," he said.

"The court finds that Section 298A (1) (a) of the Penal Code is a 'good' law and does not clash with the Federal Constitution."

Tan, 25, and Lee, 24, claimed trial to the three charges against them when they were brought to court before Sessions Court Judge Murtazadi Amran on July 18.

The couple were jointly charged under subsection (1) of the Film Censorship Act 2002 (Act 620), Section 4 (1) (c) of the Sedition Act 1948 and Section 298A (1) of the Penal Code.

The first charge was because of displaying pornographic images on their blog at Kompleks Mutiara, Jalan Ipoh, between July 6 and 7, from 9pm to 2am.

The second charge was for uploading content which had the possibility to stir interfaith conflict at a restaurant in Dang Wangi on July 11 and 12.

The third was publishing a "seditious" photograph and comment "Selamat Berbuka Puasa (dengan bak kut teh... wangi, enak menyelerakan)" which contained a halal logo. This charge also allegedly took place at Kompleks Mutiara.

Chong told reporters that since the duo hit the headlines during the fasting month in July, there had been many controversial incidents involving racism.

"Both my clients have also spent eight days behind bars," Chong said, adding an application would be filed with the Attorney General's Chambers to have the charges against the couple dropped.

TMI