MENTERI DALAM NEGERI & ANOR vs CHONG TON SIN & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 1202

COURT OF APPEAL PUTRAJAYA
MENTERI DALAM NEGERI & ANOR – Appellant
Versus
CHONG TON SIN & ANOR – Respondent

Petitioner Advocates:Ahmad Hanir Hambaly @ Arwi,Mohammad Sallehuddin Md Ali ,Respondent Advocate: Edmund Bon Tai Soon,Michael Cheah Ern Tien

Table of Content
1. introduction of the judgment (Para 1)
2. background of the respondents and the book (Para 3 , 4 , 5 , 6 , 7)
3. judicial review application and hc's decision (Para 8 , 9 , 10)
4. grounds for hc's decision (Para 12 , 13)
5. legal framework for review of minister's decision (Para 14)

Wong Kian Kheong JCA (majority):

[1] On 25 September 2023:

(1) my learned sister, Azizah Haji Nawawi JCA, and I (Majority Coram) had allowed this appeal with costs (Majority Decision); and

(2) my learned brother, Gunalan a/l Muniandy JCA, had given a dissenting opinion.

[2] This judgment (Majority Judgment) provides the reasons for the Majority Decision and a draft of the Majority Judgment has been given to Gunalan a/l Muniandy JCA.

B. Background

[3] The first respondent (1st Respondent) is the sole proprietor of a business named "Gerakbudaya Enterprise" which publishes and distributes books.

[4] The second respondent (2nd Respondent) wrote a book entitled "Gay is OK! A Christian Perspective" (Book) which was published and distributed by the 1st Respondent in September 2013.

[5] The first part of the Book consisted of a compilation of articles written by the 2nd Respondent which had been published

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2023 MarsdenLR 1202

COURT OF APPEAL PUTRAJAYAMENTERI DALAM NEGERI & ANOR – AppellantVersusCHONG TON SIN & ANOR – Respondent

Cases Referred (4)

COURT OF APPEAL PUTRAJAYA
MENTERI DALAM NEGERI & ANOR – Appellant
Versus
CHONG TON SIN & ANOR – Respondent