KUALA LUMPUR: Swatch Malaysia has filed a judicial review to challenge the seizure of 172 watches which purportedly promoted the lesbian, gay, bisexual and transgender (LGBT) community.
The company filed the application via Messrs. Nizam Bashir & Associates at the High Court here and named the Home Ministry chief secretary, its enforcement division secretary, its minister, and the government as the respondents.
The company in its statement claimed that the seizure was done for improper political motives due to the upcoming state elections.
It claimed that the Home Minister was seeking to show his 'Islamic' credentials for political purposes.
It also claimed that the respondents acted simply upon polemic and unreliable social media posts.
The company claimed that majority of the confiscated watches did not display any indication that it was associated with the Pride or any similar movement.
"The watches of the 2023 designs are merely in each of the six colours of the rainbow.
"Taken individually, rainbow colours are only visible in very small size on the loop.
"The big hand displays a neutral and very positive message without any political or controversial meaning," it claimed.
The company claimed that eight of the nine designs of the watches did not outwardly or on the face of it express any indication that it was associated with the Pride or any similar movement.
"Any average person would not consider them as carrying any particular message.
"The respondents nevertheless treated all watches in the same way, not making any distinction based on their different designs or date of appearance on the market," it claimed.
The company also claimed that watches were not defined as a form of publication under the Printing Presses and Publication Act (PPPA).
"Swatch watches are canvas on the wrist. They are a display of art.
"The art of the watches does not suggest any words or ideas as they are simply in beautifully arranged colours," it claimed.
The company contended that the respondents acted unconstitutionally in breaching the applicant's right to livelihood and to property.
"The seizures were arbitrary and capricious in all the circumstances.
"The respondents failed to take into account relevant considerations and acted unreasonably towards the applicant," it claimed.
The company is seeking a certiorari order to quash the seizure notices and direct the respondents to return the seized watches.
On May 13 and 14, the ministry was reported to have raided 11 Swatch boutiques in shopping malls such as Pavilion KL, 1 Utama, Sunway Pyramid, Mid Valley Megamall, and Suria Sabah over the brand's "Pride Collection".
Five shops at malls in Alor Setar, Kuala Terengganu, Kota Baru, Johor Baru, and Kuching were left off with warnings.
The raid reportedly came after netizens linked the collection to British band Coldplay's support for the LGBT community.
Swatch Group chief executive officer Nick Hayek had also issued a statement saying the watches seized by the ministry did not contain any references to the LGBT community.