KUALA LUMPUR – Swiss watchmaker Swatch has filed a bid in the high court against the Malaysian government and Home Ministry officials for seizing 172 watches.
These include the Pride collection, otherwise known as the lesbian, gay, bisexual, and transgender rights movement.
Swatch wants the high court to issue an order to quash the ministry’s seizure notice in May for the 172 watches.
Officers from the ministry had seized the watches from various Swatch outlets between May 13 and 15.
Swatch wants the watches worth RM64,795 returned within five days of the order.
The company is also seeking a court order for compensation, including in the form of aggravated and exemplary damages.
The suit by Swatch Group (M) Sdn Bhd was filed on June 24 at the Kuala Lumpur High Court via a judicial review application.
In its application to commence judicial review, the Swiss watchmaker claims that the seizure is illegal as the watches are not defined as a form of “publication” under the Printing Presses and Publication Act (PPPA).
It claimed that under the PPPA, the term “publication” is used for only documents, newspapers, books, or any materials in printed form.
Swatch named the four respondents as the Home Ministry chief secretary, the Home Ministry’s enforcement division secretary, the home minister, and the government of Malaysia.
The watchmaker also said that some of the models seized have been sold in Malaysia for more than a year.
It also said no prior notice was given to the applicant by the officers with regard to any complaints made against the watches.
In the suit, Swatch also claimed the Home Ministry’s officers had acted illegally, irrationally, with procedural impropriety, and that their actions were allegedly disproportionate and for an improper purpose.
Before filing the suit, Swatch, through its lawyers, sent a June 9 letter to the Home Ministry to demand the return of the seized watches, but said it has yet to receive a response. – The Vibes, July 17, 2023
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