KUALA LUMPUR: Swatch Malaysia has filed a judicial review application at the High Court to challenge the government’s seizure of its Pride collection watches.
In the court document, The Swatch Group (M) Sdn Bhd, as the applicant, filed the application via Messrs Nizam Bashir & Associates on June 24.
It named the Home Ministry’s secretary-general, the ministry’s enforcement division secretary, the Home Minister and the government as the first, second, third and fourth respondents respectively.
The Swiss watchmaker is seeking a certiorari order from the court to nullify the seizure notice, a mandamus order for the respondents to return the watches, and damages.
In its supporting affidavit, affirmed by the company’s country director and manager Martin Issing, the applicant said it has had a retail presence in Malaysia since 1998.
It said that for several years, the brand had been selling watches inspired by the rainbow colours to celebrate “Pride”, referring to an international human rights movement held in June to promote equality and respect.
Between May 13 and 15, he claimed several Home Ministry officers conducted raids at 11 Swatch outlets across the country and seized 172 watches with nine different designs.
The total value of the seized watches stood at RM64,795.
Some of the watches, he said, had been sold and distributed for more than a year while the 2023 collection was promoted openly and advertised on its website since May 4.
“The applicant has not received any complaint from any member of the public or any authority regarding the design of any of its Pride collection watches,” it said.
Swatch also claimed that the seizure notice did not clearly state the basis of the government’s action.
“As far as we knew, the picture of a rainbow and the acronym ‘LGBTQIA2S+’ were not banned words in Malaysia.
“The watches did not promote any sexual activity, but were merely a fun and joyous expression of peace and love,” the applicant said.
The applicant said its trading reputation had been damaged as a result of the seizure and aggravated by the subsequent public statements by members of the government.
It sought for the court to grant leave for a judicial review of the actions by the respondents and for a substantive relief by the court.
The application is fixed for hearing before Justice Amarjeet Singh on Thursday.
