PETALING JAYA – The Court of Appeal in Putrajaya today reinstated the Home Ministry’s ban on the controversial book “Gay is OK! A Christian Perspective”.
In a split 2-1 decision, a three-member bench led by judge Datuk Azizah Nawawi allowed the government’s appeal against the lower court’s decision last year.
Judge Datuk Wong Kian Kheong said the high court judge had erred in law when deciding in February 2022 to quash the ban on the book.
Wong said the government’s concern about the book title and its contents was also justified although it had been in circulation for seven years prior to the ban.
Azizah said she concurred with the findings and decision of justice Wong and set aside the decision of the high court.
She also ordered costs of RM15,000 to be paid to the home minister and government.
On February 22, last year, high court judge Datuk Noorin Badaruddin allowed a judicial review filed by the book’s publisher and its author Gerakbudaya Enterprise and Ngeo Boon Lin, respectively.
The third judge, M Gunalan, who dissented, said he agreed with the finding of the high court judge that the applicant had a legitimate expectation in the matter.
After the Court of Appeal’s decision was delivered, lawyer Edmund Bon said he would seek instructions from his clients on whether to file an appeal to the Federal Court.
Michael Cheah also represented the book publisher and author.
Senior federal prosecutor Ahmad Hanir Hambly and federal counsel Sallehudin Ali represented the home minister and the Malaysian government. – The Vibes, September 25, 2023
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