Judge Datuk P. Ravinthran, who issued the court’s decision, granted Hew Kuan Yau, known by his nickname “Superman Hew”, a certiorari order to quash the Home Secretary’s order to ban the book, and a mandamus order requiring the Home Office to return copies of the seized books. — Photo by Saw Siow Feng
Wednesday 06 July 2022 16:10 MYT
PUTRAJAYA, July 6 – The Court of Appeal today allowed a judicial review brought by former DAP member Hew Kuan Yau to overturn the Home Minister’s decision to ban the comic Belt and Road Initiative for win-win.
A three-member panel consisting of Judges Datuk Hanipah Farikullah, Datuk P. Ravinthran and Datuk Wira Ahmad Nasfy Yasin upheld Hew’s appeal and overturned the High Court’s decision which dismissed his application for judicial review.
Judge Ravinthran, who handed down the court ruling, granted Hew, who is known by his nickname “Superman Hew”, an order of certiorari to quash the Home Secretary’s order to ban the book, and a mandamus order requiring the Home Office to return copies of seized books.
However, he said the court was of the view that Hew’s application for a declaration of annulment of section 7(1) of the Printing Presses and Publications Act 1984, under which the ban had been issued, on the grounds that it was unconstitutional, had no basis. .
Meanwhile, the panel, led by Justice Hanipah, overturned the High Court’s order for Hew to pay costs of RM5,000. It also awarded RM1,000 in costs to Hew for the proceedings in the Court of Appeal. The decision was made online via Zoom.
Hew filed for leave to bring an application for judicial review on November 26, 2019. He sought an order of certiorari to overturn the ban on the book and an order of mandamus to compel the Department of the Interior to restore copies of the book that had been seized.
In his application, naming the Home Secretary, the Home Department, the Attorney General’s Chambers and the Government of Malaysia as defendants, Hew also sought a declaration that Section 7(1) of the Printing Presses and Publications Act is unconstitutional and should be declared void. and empty.
On January 6, 2020, the Kuala Lumpur High Court granted Hew leave for his judicial review and on April 26 last year, High Court Judge Datuk Noorin Badarudin dismissed his judicial review, prompting him to file an appeal to the Court. call.
Hew is the co-author of the comic published in three languages – Malay, English and Chinese by the Asia Comic Cultural Museum.
The book supposedly paints a glowing picture of China and its Belt and Road Initiative, while allegedly casting the Western world in a negative light.
It was reported that the ministry had banned the book by issuing a newspaper ban under section 7(1) of the Printing Presses and Publications Act on the grounds that its contents could harm the public. public order and disturb the thoughts of the people.
Attorneys J. Shamesh and Vince Tan Hoo Seh represented Hew, while senior federal attorney Ahmad Hanir [email protected] and federal attorney Ng Wee Li appeared for the respondents. — Bernama