The Kuala Lumpur High Court today dismissed an application by controversial bloggers Alvin Tan and Vivian Lee to strike out one of three charges against them which ridiculed Muslims and Ramadan.
It ruled that the charge faced by the couple, who uploaded pictures on Facebook with the comment, Selamat Berbuka Puasa with bak kut teh...fragrant, delicious and appetising was valid.
Judge Kamardin Hashim ruled that the charges faced by the couple under Section 298A (1) (a) of the Penal Code was a 'good' law and did not clash with the Federal Constitution and should not be revoked under Article 4 (1) of the Constitution.
In dismissing the application of the couple to cancel one of the three charges they faced, he said the application had no merit.
Kamardin said Section 298A (1) (a) of the Penal Code was applicable to all races and universally valid and enforceable, regardless of race, ethnicity or religion of a person and that section applied to both the applicants in this case.
On Aug 21, Alvin whose full name is Tan Jye Yee, 25, and Vivian or Lee May Ling, 24, filed an application to quash the charge they faced under Section 298A(1)(a) of the Penal Code.
They sought an order to declare that Section 298A of the Act was inconsistent and contradictory to the Federal Constitution and could not be enforced against them, and that even if the charge was lawful, it only applied to Muslims.
The charge pertained to uploading a picture of them eating 'bak kut teh', and accompanied by a caption, 'Selamat Berbuka Puasa with bak kut teh' (fragrant, delicious and appetising) which was likely to stir interfaith conflict at a restaurant in Dang Wangi on July 11 and 12.
The controversial pair are also jointly charged under the Incitement Act 1948 with publishing inciting content, namely the same picture and caption on their Facebook link https://www.facebook.com/alvivi.swingers at 568-14-18, Kompleks Mutiara Jalan Ipoh, Batu 3 1/2 here.
The third charge under the Film Censorship Act 2002 involves the posting of pornographic pictures on http://alviviswingers.tumblr.com/, between July 6 and 7 at the same place.
Meanwhile, when approached by reporters outside the court, Tan accompanied by Lee, once again apologised for their action.
"Vivian and I would like to apologise one more time. We regret our action and we did not intend to harm anybody. We will definitely never (not) ever do it again, he said.
The duo's counsel, Chong Joo Tian said an application would be filed with the Attorney-General's Chambers to have the charges against the couple dropped.
Prior to this, the Sessions Court here set Dec 5 and 6 for hearing of the case.
The prosecution is conducted by Deputy Public Prosecutor Wan Shaharuddin Wan Ladin and Haffiza Jemali.
Bernama
Thu Nov 21 2013

Vivian Lee and Alvin Tan - Filepic BERNAMA

Air pollution responsible for nearly 7 million deaths annually worldwide
A report by the World Air Quality Index indicated that only 17 per cent of cities worldwide meet the recommended air quality standards.

At least 137 Gazans killed in Israeli attacks since ceasefire
According to the Euro-Mediterranean Human Rights Monitor , Israel has been killing an average of seven Palestinians every two days.

Malaysia strengthens semiconductor supply chain with ASEAN member countries - Liew
Malaysia does not intend to compete with neighbouring countries or other ASEAN member states in its efforts to strengthen supply chains.

Six men arrested for alleged misappropriation of subsidised cooking oil in Semenyih
Six men, including five foreigners in their 30s, were arrested for alleged misappropriation of subsidised cooking oil.

Hamas says new round of Gaza ceasefire talks has begun
expressing optimism that the talks could lead to "tangible progress"

Ukraine says ready to accept 30-day ceasefire with Russia
Ukraine conveyed its readiness to accept a 30-day ceasefire with Russia, as delegations from Kyiv and Washington met in Saudi Arabia.

Musk's SpaceX agrees Starlink cooperation with Airtel in India
Tech billionaire Elon Musk plans to enter the Indian internet market with his Starlink satellite system, reported German news agency dpa.

Trump announces higher steel and aluminium tariffs for Canada
US President Donald Trump plans to impose additional high tariffs on steel and aluminium imports from Canada.
![[COLUMNIST] The futility of resisting English: A barrier to national progress [COLUMNIST] The futility of resisting English: A barrier to national progress](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-03/81741686561_EMIR.jpg)
[COLUMNIST] The futility of resisting English: A barrier to national progress
Promoting Malay language doesn't mean disparaging or undermining other languages, we can uplift it without diminishing others.

What is driving the bloodshed in Syria?
The violence has pitted the Islamist-led government's security forces against fighters from Assad's Alawite minority.

Only seven countries met WHO air quality standards in 2024, data shows
Only Australia, New Zealand, the Bahamas, Barbados, Grenada, Estonia and Iceland made the grade, according to IQAir.

Gaza hunger crisis could return if Israeli blockade continues, UN relief agency chief says
UNRWA warns the situation in Gaza is quickly deteriorating.

What happened in Philippine drug war that led to Duterte's arrest?
Here are some facts about the drug war during Duterte's presidency from 2016 to 2022.

Soccer - Manchester United plans to build 'world's greatest stadium'
Manchester United plans to build a new 100,000-seat stadium next to the existing Old Trafford, the club announces.

Meta begins testing its first in-house AI training chip
Meta is working with Taiwan-based chip manufacturer TSMC to produce the chip, according to sources.

Russia says it wants united and 'friendly' Syria
Russia has two strategically important military bases in Syria, which it is hoping to retain in the wake of Assad's fall.

Musk says juggling DOGE and CEO jobs is difficult, as Tesla shares slump
Elon Musk says he is running his businesses "with great difficulty" while working with the Trump administration.

Philippine ex-leader Duterte long defiant on deadly drug war
Before becoming president, Rodrigo Duterte earned the nicknames "The Punisher" and "Duterte Harry" for his violent anti-drug crackdown.

Ismail Sabri probe: 36 witnesses finish giving statements to MACC, 23 others to be summoned
A MACC source said 23 other witnesses have also been identified and would be summoned to give their statements soon.

Westin Hotels marks World Sleep Day with wellness-focused offerings
With a growing demand for sleep tourism and wellness travel, Westin aims to solidify its position as a leader in holistic hospitality.