color sampleThe Malaysian court ordered the government to return 172 rainbow-colored watches it was confiscated from watchmaker Swatch last year.
The government said it recalled the watches from the Swiss company because they had “LGBT elements” – homosexuality is illegal in Muslim-majority Malaysia and punishable by up to 20 years in prison. .
However, a court ruled that the government had no order to confiscate the items and that a law banning their sale was only passed later, making the confiscation illegal.
Malaysian Home Minister Saifuddin Nasution Ismail said the government’s legal team would need to “consider the basis of the ruling” before deciding to appeal the order.
He said the government “must respect the decision, otherwise it will be considered contempt of court”.
He went on to say that his ministry could appeal the ruling but must first “carefully consider the basis of the ruling”.
Authorities raided Swatch stores across Malaysia in May 2023, but a ban on the sale of the watches was not issued until August 2023.
Therefore, Swatch was not guilty at the time of the seizure, the court ruled.
But the ban has not been lifted, so even though the watches – worth $14,000 – have been returned, they remain unsellable.
Authorities must hand over the items within 14 days, government prosecutor Mohammad Sallehuddin Md Ali told the Kuala Lumpur High Court today.
Getty ImagesSwatch sued to challenge the seizure in June 2023, arguing that the product was “not likely to cause any disruption of public order or morals or any violation of violate any law”.
Homosexuality is illegal under both secular and religious law in Malaysia.
Swatch described the Pride flag as “a symbol of humanity representing all genders and races”, but at the time of its confiscation, the Malaysian government claimed the acronym “LGBTQ” could be found on the flags themselves. watch.
The Swiss manufacturer claims that the company’s reputation has been damaged and its business affected following the seizures.
Malaysian authorities claimed the watch “could harm… national interests by promoting, supporting and normalizing the LGBTQ+ movement which is not accepted by the public”.
Swatch Group declined to comment.
