KUALA LUMPUR, Aug 24- Controversial couple Alvin Tan and Vivian Lee has filed an application to strike out a charge under Section 298A(1)(a) of the Penal Code made against them for uploading on their Facebook a picture and comment which ridiculed Muslims and Ramadan.
Alvin, whose full name is Tan Jye Yee, 25, and Vivian, or Lee May Ling, 24, filed the application through Messrs. JT Chong Associates at the office of the High Court registrar here last Wednesday.
In the application, they are seeking a declaration that Section 298A of the Penal Code is not consistent and contradict with the Federal Constitution and is legally void.
The charge made against Tan and Lee under Section 298A(1)(a) of the Penal Code was that they had allegedly uploaded a picture and comment 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 which were likely to cause religious enmity between people of different faiths.
Lawyer Chong Joo Tian, representing the couple, informed Sessions Court judge Murtazadi Amran when the case came up for mention yesterday.
Murtazadi then set Sept 19 for case management.
Tan and Lee are also charged under the sedition Act with making a posting on their Facebook, ‘Alvin and Vivian – Alvivi’ at https://www.facebook.com/alvivi.swingers of the picture and comment.
They allegedly committed the offence at 10.48pm between July 11 and 12 at 568-14-18, Kompleks Mutiara Jalan Ipoh, Mile 3 1/2 here.
The couple is also charged under subsection 5 (1) of the Film Censorship Act 2002 with displaying pornographic pictures on http://alviviswingers.tumblr.com/ at the same place between 9pm and 2am between July 6 and 7 this year.
Prosecution was conducted by deputy public prosecutor Haffiza Jemali.