KUALA LUMPUR – The author of the now-banned graphic novel When I Was a Kid 3, Boey Chee Ming, can proceed to file a judicial review against the Home Ministry’s ban on his book.
The high court here on January 31, granted him leave to do so.
Judge Datuk Amarjeet Singh, who heard the matter, also allowed Boey to file for any damages he had borne following the Home Ministry’s prohibition order on the book.
The government banned the book on September 27 last year, following a protest from an Indonesian non-governmental organisation over its content that depicted allegedly unfair criticism against an Indonesian domestic worker employed in Malaysia.
The ban followed a federal gazette published by the Attorney-General’s Chambers on September 25 under the Printing Presses and Publications (Control of Undesirable Publication) Order 2023.
Subsequently, Boey applied for his judicial review on December 12 last year against the Home Ministry’s ban order, naming the home minister as the respondent.
In his affidavit, the Malaysian-born author is claiming the ministry’s order is unlawful, as he was never personally informed nor given a chance to explain himself over the artwork penned in the book.
“I was never informed by the respondent or any authorities of the prohibition order before it was issued (and gazetted).
“I never received any letter seeking my explanation, to show cause, or even to respond to the allegations thrown at my book.
“Before the book was banned, I was never formally or officially informed of which parts of the book were deemed to have been in breach of the Printing Presses and Publication Act.”
He said he was only informed on June 26 last year by a member of the public, that there was a demonstration in front of the Malaysian embassy in Jakarta, Indonesia, against his book.
“(Despite this), I was never approached by the authorities or made aware that my book had angered the Indonesian public. I wish to state (in this affidavit) that I am sorry if I have caused any hurt to the Indonesian public.
“Respectfully, I would also want to state that it was never my intention to do so or to denigrate anyone,” he said.
Boey said that the only time that he had been contacted by the authorities was on October 16 last year, when he received an email with an attached copy of a letter stating that the book had been banned under the federal gazette.
“At this point, I wish to state that there is an inherent imprecision and vagueness in the grounds for the prohibition order.
“My rights have been severely prejudiced by the series of breaches of justice by the respondent in issuing the prohibition order.
“I was not given a chance to be heard. The home minister had failed to provide any reason or adequate reasons for banning the book.
“The exercise of discretion and power by the home minister to issue the ban was procedurally improper, as it was done without according me the right to be heard on the matter.” – February 14, 2024