A three-member panel comprising justices Hanipah Farikullah, P Ravinthran and Wira Ahmad Nasfy Yasin allowed Hew’s appeal and overturned the decision of the High Court which had dismissed his judicial review application.
Ravinthran, who delivered the court’s decision, granted Hew, who is known by his moniker “Superman Hew”, a certiorari order to quash the minister’s instruction to ban the book, and a mandamus order compelling the ministry to return copies of the book that had been seized.
However, he said the court was of the view that there were no merits to Hew’s request for a declaration to strike down Section 7(1) of the Printing Presses and Publications Act 1984, under which the ban was issued.
The panel also set aside the High Court’s order for Hew to pay costs of RM5,000 and awarded him RM1,000 as costs for the proceedings in the Court of Appeal. The decision was delivered online via Zoom.
Hew filed an application seeking leave to commence a judicial review application on Nov 26, 2019.
He sought for a certiorari order to quash the book ban and a mandamus order to compel the ministry to return copies of the book that were seized.
In his application naming the minister, the ministry, the Attorney-General’s Chambers and the government as respondents, Hew also sought a declaration that Section7(1) of the Printing Presses and Publications Act was unconstitutional and should be declared null and void.
On Jan 6, 2020, the Kuala Lumpur High Court granted leave to Hew to proceed with his judicial review and on April 26 last year, High Court judge Noorin Badarudin dismissed his judicial review, prompting the former politician and activist to appeal to the Court of Appeal.
Hew is the co-author of the comic book published in three languages, Malay, English and Chinese, by the Asia Comic Cultural Museum.
The book purportedly paints a glowing picture of China and its Belt and Road Initiative, while allegedly putting the Western world in a negative light.
It was reported that the ministry had banned the book by issuing a prohibition gazette under the Printing Presses and Publications Act on grounds that its contents could be detrimental to public order.
J Shamesh and Vince Tan Hoo Seh represented Hew, while senior federal counsel Ahmad Hanir Hambaly @ Arwi and federal counsel Ng Wee Li appeared for the respondents.
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