KUALA LUMPUR (July 17): Swatch Group (M) Sdn Bhd has filed a judicial review application to the High Court to quash the Home Ministry's seizure of its "rainbow theme" watches for allegedly celebrating lesbian, gay, bisexual, and transgender (LGBT) rights. The application will be heard on Thursday (July 20).
The company claimed that 143 of its 2023 Rainbow watches and 29 units of its 2022 Pride watches have been seized by the authorities in nine different locations nationwide between May 13 and May 15, 2023.
Part of the Swiss watchmaker's "Pride collection", the company said it has not received any complaints from the public since it began selling the items. It also said the colours of the rainbow and celebrating pride represent an international human rights for greater respect of celebrating love for all genders and races without discrimination.
“The total retail value of the watches amounted to RM64,795 and the applicant’s trading reputation has been damaged,” said Swatch Group in its application.
While the authorities cited that the watches have elements of LGBTQ and amounted to violation of the Printing Presses and Publications Act 1984, the company pointed out that the watches have never been gazetted as prohibited publication that necessitated the seizures.
Without any such gazette, such seizures is illegal, the company argued. It also said the watches are not a form of publication, and neither are they a type of "prohibited item".
The company further claimed that the seizure notices did not adequately inform them on the grounds or basis for the seizure, and that the seizures were illegal, irrational and inconsistent.
It named the minister, the Home Ministry's secretary-general, the ministry's enforcement division secretary, and the government as respondents in the application filed by Messrs Nizam Bashir Advocates on June 24.
Besides seeking leave (permission) to quash the notice of seizure, and for the return of the watches, it is also seeking aggravated and exemplary damages. The application will be heard before High Court judge Datuk Amarjeet Singh.
Prior to filing the judicial review application, Swatch Malaysia had, on June 9, sent a letter to the ministry, demanding the return of the watches, which the respondents had failed to do.
The seizure and the subsequent failure to return the items showed that the ministry had acted unconstitutionally as it breached the company’s rights to livelihood and property, as enshrined under Article 5, 8, and 13 of the Federal Constitution, it claimed.
Founded in Switzerland in 1983, Swatch has had a presence in Malaysia since 1995. According to the company, Malaysian buyers make up 80% of its sales here, while foreigners contribute the remaining 20%.