Sex bloggers Alvin Tan and Vivian Lee have filed an application with the High Court in Kuala Lumpur two days ago to challenge the validity and constitutionality of one of the three charges against them.

Tan's counsel Chong Joo Tian told the the sessions court in Kuala Lumpur today that the application was to challenge the second charge under Section 298A of the Penal Code.

alvivi case mention 230813 01 The couple was charged for a posting on their "Alvin and Vivian - Alvivi" Facebook site a photograph of themselves eating bak kut teh (a pork dish) with the greeting "Selamat Berbuka Puasa with bak kut teh... fragrant, delicious and appetising", together with the "halal" logo.

Chong ( above, left ) said the High Court had yet to decide on when to hear the application.

Follwoing this, sessions judge Dazuki Ali fixed Sept 19 for mention, pending the High Court decision.

The sessions court was supposed to set a date for trial today.

Tan and Lee refused to take  questions from reporters when leaving the courthouse.

‘Charge is unconstitutional’

Outside the court, Chong told the reporters that Section 298A of the Penal Code on causing disharmony, disunity, or feelings of enmity, hatred or ill-will on grounds of religion is unconstitutional because Article 10 of the Federal Constitution guarantees Malaysian citizens the right to freedom of speech.

“This extraction (Section 298A of the Penal Code) is related to the issue of Islam and this has no application to my clients, who are not Muslims,” he added.

Chong said he applied to the High Court to strike out this charge on these two reasons.

NONE Tan, when asked whether he felt guilty as his mother ( left ) had been dragged into the controversial Ramadan posting, remained quiet, while Lee responded: “No comment.”

Tan’s mother too had been questioned by the Malaysian Communications and Multimedia Commission (MCMC) on the online posting by Alvivi.

Tan and Lee were held in jail for eight days before the High Court set bail of RM10,000 for each of the three charges against them as a condition for their release, along with several restrictions that included the impounding of their passports.

They were also charged under Section 4(1)(c) of the Sedition Act 1948 over the same offence and subsection 5(1) of the Film Censorship Act 2002 for displaying pornographic pictures of themselves on their Tumbler between July 6 and 7, a stunt that earned them infamy as 'sex bloggers'.

Nov 11 for firearms case against cabbie

Meanwhile, another bench of the sessions court fixed Nov 11 to hear the charge against a taxi driver who allegedly picked up the man suspected of gunning down Arab-Malaysian Development Bank founder Hussain Ahmad Najadi.

Judge Azwarnida Affandi fixed the date for the trial of Chew Siang Chee, who had earlier pleaded guilty to having a Walther pistol and a magazine at the Desa Cindaimas condominium on Jalan Kuchai Lama at 5.45pm on Aug 3.

Chew is charged under Section 8 of the Firearms (Increased Penalties) Act 1971, which carries a jail term of up to 14 years and not less than six strokes of the rotan upon conviction.

He also faces a second charge, under Section 8(a) of the Arms Act 1960, for having four bullets on the same day and at the same place.

For his offence, Chew can be jailed up to seven years or fined up to RM10,000, or both, upon conviction.