PUTRAJAYA (Nov 25): The Home Ministry (KDN) respects the High Court's decision on Monday which ordered the return of 172 'Pride collection' watches seized last year to the watch importer and seller, The Swatch Group (Malaysia) Sdn Bhd.
Home Minister Datuk Seri Saifuddin Nasution Ismail said KDN would however obtain a full report on the judgement.
"When KDN carried out enforcement in the case, it is clear that we applied the existing act and the enforcement division (according to) the considerations at the time.
"When the action is later challenged in court, and if that is the court's decision, KDN should respect the decision, otherwise it is considered contempt of court, so I have to obtain a full report on the judgement," he said.
He told reporters this after attending the KDN Monthly Assembly here on Monday which was also attended by Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah.
Earlier, Kuala Lumpur High Court judge Datuk Amarjeet Singh made the decision after allowing the judicial review application filed by The Swatch Group (Malaysia) as the applicant against the secretary-general of KDN, the secretary of KDN’s Enforcement Division, the minister of home affairs and the government of Malaysia as the first to fourth respondents.
Amarjeet said the court also allowed the application by the applicant to cancel the seizure notice on the grounds that the seizure was made without a warrant and was illegal.
On June 24, 2023, The Swatch Group (Malaysia) filed a judicial review application to challenge KDN's action to seize 172 watches including the 'Pride collection' series which were allegedly associated with the lesbian, gay, bisexual and transgender (LGBT) community.
In the application, the applicant said the seizure of all the watches was unlawful because the goods were not a 'publication' which could be prohibited under the Printing Presses and Publications Act 1984.
According to the company, the watch from the 2023 design is one of the six colours of the rainbow and is only visible on a small part of the watch's bezel and does not promote any sexual symptoms.
On May 13 and 14, 2023, KDN raided 11 Swatch brand watch boutiques in several states and seized a rainbow-themed collection allegedly associated with LGBT.
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