The Kuala Lumpur High Court has granted leave to a Swiss watchmaker to commence its legal challenge against the nationwide raid and seizure of the company’s Pride Collection timepieces in various rainbow shades - adopted as the LGBT community symbol.
Judge Amarjeet Singh, this morning, allowed the judicial review leave application by Swatch Group (Malaysia) Sdn Bhd over the Home Ministry’s raid and seizure between May 13 to 15.
The civil court gave leave, following no objections to the judicial review leave application by the Attorney-General’s Chambers (AGC).
With leave granted during the chamber proceedings, the court will later fix a separate date to hear oral arguments on the merits of the judicial review.
The civil court also fixed Sept 6 for case management of the legal action.
Counsel Nizam Bashir represented the Swiss watchmaker.
Senior federal counsel Farah Shuhada Ramli appeared for the four respondents targeted by the legal action; the home minister, the Home Ministry’s chief secretary, the ministry’s enforcement division secretary and the federal government.
On June 24, Swatch filed the judicial review leave application, seeking among others:
An order of certiorari to quash the seizure notices over the raids conducted between May 13 to 15.
A mandamus order to compel the four respondents to return the 172 timepieces within five days of the order date.
Damages which include those of exemplary and aggravated nature
Via an affidavit in support, the company’s country manager Martin Issing pointed out that prior to the raid in May, Swatch sold watches inspired by rainbow colours celebrating “Pride” for some years in Malaysia with no incidence.
The country manager contended that a majority of the seized watches - which come from the 2023 designs - did not contain the words “LGBTQ+” but were merely in several colours of the rainbow.
Issing said in the older designs, which comprised a minority of the seized watches, only the Stripe Fierce model contained the words “LBTQIA2S+”.
He observed that Pride merchandise has been freely available for sale in Malaysia and throughout the world for many years now, with multiple retailers selling products under their own Pride collection, whether digitally or in physical form.
On Aug 10, the government gazetted the ban on any Swatch watches or related material - including boxes - containing LGBT influences, under Section 7 of the Printing Presses and Publications Act (PPPA) 1984 and that a gazette had been issued.
In a press statement, the Home Ministry stated that Section 8(2) of the same Act carries punishments for selling, distributing, or owning banned material, which included up to three years in jail, a fine of up to RM20,000, or both.
Yesterday, Home Minister Saifuddin Nasution Ismail defended the seizure of the Swatch watches, citing public complaints. - Mkini
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