Friday 29 Mar 2024
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This article first appeared in The Edge Financial Daily on December 6, 2019

KUALA LUMPUR: Former Malaysia-China Business Council chief executive officer Hew Kuan Yau has filed for a judicial review of the government’s move to ban his controversial comic book.

Hew, who is also known as “Superman”, named the home minister, home ministry, Attorney-General’s Chambers and the government as respondents in the application filed at the High Court registry on Nov 26.

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 judicial review applications, permission has to be gained before the full merits are heard.

Hew claimed that more than 2,000 copies of his book were seized by the ministry nationwide, and another 13 copies of the Chinese version at the Asia Comic Cultural Museum in Penang, in the enforcement of the banning order.

In the application sighted by The Edge Financial Daily, 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.

“Till today (yesterday) I have not received any complaints on a misrepresentation of facts in the book. It was not meant to upset the people.

“Furthermore, on April 25 this year, Prime Minister Tun Dr Mahathir Mohamad presented a copy of the book in Mandarin to China’s President Xi Jinping,” he said.

Hew also pointed out that the book had obtained the International Standards Book Number (ISBN) and is recognised by the director-general of the National Library Department.

“Hence the applicant denies that the distribution of this book to schools is made through illegal means,” read the document in support of the application, adding that the book is a gift and not meant to be sold.

“The applicant has not been called by the minister or ministry before the decision to ban the book,” it added.

The matter has been fixed before High Court judge Datuk Mariana Yahya for Jan 6.

The home ministry was reported to have banned the book 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.

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