KUALA LUMPUR – The high court here today granted the Swatch group leave to continue its suit against the government in connection with the Home Ministry’s seizure of 172 watches, including those from its Pride-themed collection.
Justice Datuk Amarjeet Singh made the order after lawyer Nizam Bashir informed the court that the attorney-general had no objection to the merits of the case being heard.
Case management was set for September 6.
Swatch named the four respondents as the ministry’s chief secretary, its enforcement division’s secretary, the home minister and the federal government.
The Swiss watchmaker went to court after officers from the ministry seized the watches from various outlets between May 13 and 15.
The Swatch group had on June 24 filed the suit via a judicial review application at the Kuala Lumpur High Court.
It claimed the seizure of the watches was illegal as they are not a form of “publication” within the definition given to the term under the Printing Presses and Publication Act 1984.
It said that the term “publication” is used only for documents, newspapers, books or any materials in printed form.
Swatch claimed that the Home Ministry’s officers had acted illegally, irrationally, with procedural impropriety and that their actions were allegedly disproportionate and for an improper purpose.
According to the group, it had been selling its watches since 1995 in Malaysia at its stores, which mostly employed Malaysians and through authorised resellers.
It said it had never been notified of any complaints regarding the watches by the ministry.
Swatch was represented in today’s court proceedings by Nizam and Kee Hui Yee, while senior federal counsel Farah Shuhada Ramli represented the government. – The Vibes, August 23, 2023
