KUALA LUMPUR (Jan 6): Former Malaysia-China Business Council chief executive officer Dr Hew Kuan Yau, who is also known as 'Superman', has today obtained leave (permission) from the High Court here to challenge the government's move to ban his controversial comic book titled Belt and Road Initiative for Win-Winism.
Following this, the merits of Hew's application will be heard in full by Justice Datuk Seri Mariana Yahya.
This was revealed by Hew's lawyer Datuk J Shamesh to theedgemarkets.com.
With this, Justice Mariana fixed Jan 20 for case management.
Shamesh said with leave being granted, the Attorney General's Chambers will be given the opportunity to file an affidavit to rebut on Hew's application to quash the book ban.
"We are also getting instructions from our client to file leave application to the Federal Court to challenge the constitutionality the Printing Presses and Publications Act 1984 to enforce the ban," he added.
Hew had named the Home Minister, Home Ministry, Attorney-General's Chambers and government as respondents in the application.
The Home Ministry was reported to have banned the book on Oct 23 last year, by issuing a prohibition gazette under Section 7(1) of the Printing Presses and Publications Act 1984 on grounds that its contents could be detrimental to public order and disturb the thoughts of the people.
The book was published in three languages — Chinese, English and Malay — in October. The English version is titled Belt and Road Initiative for Win-Winism.
In his application, Hew, who was previously with the DAP, is seeking leave to commence proceedings for an order of certiorari to quash the book ban.
He is also seeking an order of mandamus to compel the Home Ministry to return to him all copies of the books that had been seized.
Further, Hew is also seeking a declaration that the Printing Presses and Publications Act 1984 is unconstitutional, and should be declared null and void.
In his application, he claimed that 2,000 copies of his comic book were seized nationwide by the ministry and he wanted them returned. He also claimed that another 13 copies of the Chinese version at the Asia Comic Cultural Museum in Penang were seized in the enforcement of the banning order.
Hew claimed that comics are meant to be light-hearted and entertainment, and the use of caricature is to deliver a simple message. He also claimed that the book is based on research on historical facts and based on Malaysian academic books.