KUALA LUMPUR: The publisher and author of the book Gay is Okay! A Christian Perspective succeeded in their bid to remove a ban imposed on the book by the Home Minister in 2020.

       High Court judge Justice Noorin Badaruddin allowed the application by publisher Chong Ton Sin and author Ngeo Boon Lin for a judicial review to quash the prohibition order by the minister.

       Justice Noorin, in her decision delivered via virtual proceedings yesterday, said there was no evidence or legal factual basis for the Home Minister’s justification which formed the basis of the ban.

       “Having read the entire book and understood it from an objective point of view, this court is of the view that apart from the compilation of articles written by the second applicant (Ngeo) which was published in the Malaysiakini portal sometime from 2010 to 2011, it consists of the author’s view from a Christian perspective on homosexuality, and rightly or wrongly,” Bernama quoted her as saying.

       Justice Noorin said the book ought to be confined to that religion, even if there may be some subjective perception as to its content, evaluation and worth.

       She added that after more than seven years of its publication, the respondents (Home Minister and government) had failed to show evidence of actual prejudice to public order.

       “When no such evidence is produced, it follows that the book was in the first place unlikely to be prejudicial to public order.

       “The right to express one’s view is part of the citizen’s right to freedom of expression enshrined in the Federal Constitution.

       “That right of course has its limitations.

       “However, a total ending of the entire book, which contains an expression of the author’s view... without the applicant being given the right to be heard, or to counter allegations, is an irrational decision as the book had been in circulation for some time,” she said.

       Justice Noorin further said the court was of the view that there was a duty on the part of the minister to give reasons for his decision, as freedom of expression was being stifled and the principle of fairness guaranteed under the Federal Constitution being violated.

       On Feb 17, 2021, the duo filed the judicial review claiming that the ban was irrational and disproportionate as no untoward incident had been triggered by the book since its publication over seven years.

       They claimed that part one of the book was published in Malaysiakini from 2010 to 2011.

       The applicants contended that the minister had failed to provide any reasons as to how the book was likely to be prejudicial to public order, morality or public interest.

       On Dec 18, 2020, it reported that the Home Ministry had gazetted a prohibition order on a publication titled Gay is OK! A Christian Perspective under Section 7(1) of the Printing Presses and Publications Act 1984, effective Nov 27 the same year.

       Lawyers Edmund Bon and Micheal Chia represented the applicants while federal counsel Mohammad Salehuddin Md Ali acted for the respondents.