Superman Hew’s book doesn’t trigger racial tension, Appellate Court rules

Superman Hew’s book doesn’t trigger racial tension, Appellate Court rules


The Court of Appeal has ruled that the comic book ‘Belt and Road Initiative for Win-Winism’ does not contain material that would prejudice public order.

Representing the unanimous decision of the three-person bench, judge P Ravinthran pointed out that no untoward incidents occurred in Malaysia in the six months before the Home Ministry banned the book by former DAP member Hew Kuan Yau (above), via an order gazetted on Oct 23, 2019.

The judge ruled that the home minister’s affidavit - which cited 81 police reports lodged against the book as claiming it could sow public discord - is unacceptable as it would mean that all it would take is a disgruntled person or group to stifle a person’s fundamental freedom of expression.

Ravinthran said that even if the minister disagrees with the book’s contents - that showed Hew’s interpretation of history, his worldview or comments on current affairs, particularly over China’s Belt and Road Initiative policy and the country’s treatment of the Muslim minority in Xinjiang - this still cannot be a reason for the ban.

“We would reiterate that viewed objectively, there is nothing incendiary in the book that pits one race against another or insults anyone’s racial or religious sentiment or stokes racial tension as alleged in the affidavit of the minister.

“We would agree with the counsel for the appellant that the minister in his affidavit failed to point to any content in the comic book that can be said to be the equivalent of a ‘spark in a powder keg’ which would endanger the public interest by inciting racial unrest, disharmony or riots,” the judge said in a copy of the full grounds of judgment sighted by Malaysiakini.

On May 25, the Court of Appeal presided by Hanapiah Farikullah as well as bench members Ravinthran and Ahmad Nasfy Yasin, allowed Hew’s appeal to overturn the ban on his comic book.

The appellant, also known by his moniker Superman Hew, was appealing against the April 26, 2021, ruling of the High Court in Kuala Lumpur that dismissed his judicial review against the government ban.

The government’s prohibitory order against the book was made under Section 7(1) of the Printing Presses and Publications Act 1984.

In the High Court decision, judge Noorin Badaruddin ruled, among other things, that the minister’s decision to ban the book was legal, reasonable and ought not to be disturbed by the court.

According to the judicial review application filed on Nov 26, 2019, the home minister (who is not named), the Home Ministry, the Attorney-General's Chambers (AGC) and the government were named as respondents.

Claims of promoting communism

Hew is the co-author of the comic book published by the Asia Comic Cultural Museum in three languages - Malay, English and Mandarin. The ministry’s prohibition order was against all languages it is published in.

The book purportedly painted a glowing picture of China and its Belt and Road Initiative, while allegedly putting the Western world in a negative light.

Map showing the New Silk Road under China’s Belt and Road Initiative


Other parts deemed controversial include the alleged description of Malays as “radicals” for sympathising with the ethnic Uyghurs in China who were purportedly placed in "re-education camps" by Beijing.

Then prime minister Dr Mahathir Mohamad reportedly said on Oct 21, 2019, that while Malaysia regarded China as a friend and the Belt and Road Initiative has benefited the country, it is not for Malaysia to promote Beijing’s ideology to our children.

Mahathir was referring to attempts to circulate Hew’s comic book in schools, which the Education Ministry put a stop to.

Two days later, the Home Ministry announced the ban on the book for its alleged promotion of communism and socialism under Section 7(1) of the Printing Presses and Publications Act.