PUTRAJAYA: The Home Ministry respects the High Court’s decision yesterday 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 the ministry would obtain a full report on the judgment.
“When the ministry 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, the ministry should respect the decision – otherwise it is considered contempt of court, so I have to obtain a full report on the judgment,” he told reporters after attending the ministry’s monthly assembly here yesterday.
The gathering was also attended by Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah, Bernama reported.
Earlier yesterday, Kuala Lumpur High Court judge Justice Amarjeet Singh decided against allowing the judicial review application filed by The Swatch Group (Malaysia) as the applicant against the Home Ministry secretary-general, its Enforcement Division secretary, the Home Minister and the government of Malaysia as the first to fourth respondents.
Justice Amarjeet said the court also allowed the application by the applicant to cancel the seizure notice on grounds that the seizure was made without a warrant and was illegal.
“Therefore, the court orders that the 172 watches be returned to the applicant within 14 days starting today. If there is damage to the watches, the applicant can claim compensation,” said the judge.
In yesterday’s proceedings, lawyer Nizam Bashir represented the applicant while Federal Counsel Mohammad Sallehuddin Md Ali represented all the respondents.
On June 24, 2023, The Swatch Group (Malaysia) filed a judicial review application to challenge the Home Ministry’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 its application, it 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 orientation.
On May 13 and May 14, 2023, the Home Ministry raided 11 Swatch brand watch boutiques in several states and seized a rainbow-themed collection allegedly associated with the LGBT community.
