| The bid by author and engineer Kim Quek, whose real name is Yong Thye Chong, to obtain leave from the High Court to have the ban on his book 'March to Putrajaya' lifted, will be heard on Jan 10.
The matter was decided by justice Mohd Zawawi Salleh when the matter came before him today.
Lawyer Aston Paiva represented Yong (left) while senior federal counsel Suhaila Haron appeared for the respondents.
Yong, 72, along with Oriengroup Sdn Bhd, the book publisher, had filed a judicial review application on Nov 3, seeking to lift the book ban.
They named the Home Minister, inspector-general of police, assistant superintendent Zul Azhar Mokhtar, Chief Inspector Nahar Yamen, assistant superintendent Mohd Fahmi Daraman Shah and the government as respondents. Collection of essays The book 'The March to Putrajaya - Malaysia's new era is at hand' had been in publication and circulation since March 2010. It is a collection of essays written by Yong on Malaysian politics and matters pertaining to the government administration.
On Aug 19, 33 copies of the book were seized - 20 copies in Kuantan, four in Malacca, six in Cheras and three at Universiti Malaya.
A month later, on Sept 27, a notification was made by the Home Ministry under the Printing Presses and Publications (Control of Undersirable Publications) which absolutely prohibited the printing, importation, production, reproduction, publishing, sale, issue, circulation, distribution or possession of the book.
They claimed they were not given the right to be heard and sometime on Sept 29, the ministry issued a letter stating the publication had "baseless accusations and speculations" against national leaders and could incite public hatred and anger.
Yong is challenging the ban in stating that it is ultra vires of Article 10(1) regarding freedom of speech.
Declarations sought
He is seeking a declaration the seizure of 33 books were null and void and that the ban is ultra vires of Printing Presses and Publications Act 1984.
Yong also claimed that the order is in contravention of his right of freedom of speech, equality and also in contravention of rights of liberty.
He also alleged that it is in contravention of Article 13 of the constitution, on rights to property.
Yong is thereby seeking for leave to the application and other orders deemed fit by the court. |
No comments:
Post a Comment