KUALA LUMPUR: The hearing of a judicial review application filed by Swatch Malaysia over the seizure of its Pride collection watches has been pushed to Aug 23.Justice Amarjeet Singh made the postponement when the matter was brought up in his chambers here yesterday.
It was understood that Swatch Malaysia was seeking to amend its court document, thus pushing the hearing date.
On June 24, The Swatch Group (M) Sdn Bhd filed the judicial review application via Messrs Nizam Bashir & Associates, where it named the Home Ministry’s secretary-general, the ministry’s secretary of the enforcement division, the Home Minister and the government as the first, second, third and fourth respondents, respectively.
The watchmaker is seeking a certiorari order from the court to nullify the seizure notice, a mandamus order for the respondents to return the watches, as well as damages.
In its supporting affidavit, affirmed by the company’s country director and manager Martin Issing, it said between May 13 and May 15, several Home Ministry officers conducted raids on 11 Swatch outlets across the country and seized 172 watches with nine different designs, with the total value of the watches amounting to RM64,795.
Some of the watches, he said, had been sold and distributed for more than a year.
“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, adding that the seizure notice did not clearly state the basis of the government’s action.
“As far as we know, the picture of a rainbow and the acronym ‘LGBTQIA2S+’ are 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.
