Wednesday, January 31, 2007

Lim Kit Siang v Ling Liong Sik

Lim Kit Siang v Datuk Dr Ling Liong Sik & Ors

[1997] 5 MLJ 523

HIGH COURT (KUALA LUMPUR) — CIVIL SUIT NO S3–23–75–1993 CONSOLIDATED WITH CIVIL SUIT NO S2–22–520–1993

ZAINUN ALI JC

7 NOVEMBER 1996

Catchwords

Tort — Defamation — Libel — Whether actual words must be pleaded — Whether words attributed to first defendant capable of bearing defamatory meaning — Whether plaintiff has sufficient cause of action

Summary

The plaintiff, the leader of a political party, brought actions against the defendants. The first defendant was the leader of another political party while the second, third and fourth defendants were the editor, publisher and printer of a local daily newspaper respectively. The causes of action of both suits were based on a statement allegedly made by the first defendant in a speech which was later published by the second, third and fourth defendants. The alleged defamatory statements concerned funds collected by the plaintiff’s political party for the payment of quit rent of Bukit China in Melaka. The first defendant raised the preliminary issues of whether the words set out in the statement of claim were capable of bearing the defamatory meaning as alleged by the plaintiff and whether the statement as published could be defamatory in effect. The issues raised by the second, third and fourth defendants were whether the words published in both reports, read in their ordinary and natural meaning, were capable of being defamatory and whether the plaintiff’s allegations in his statement of claim disclosed a sufficient cause of action against them.

Holdings
Held, striking out the plaintiff’s application with costs:

(1) The alleged defamatory words as uttered must be reproduced in verbatim in the statement of claim and a certified translation must be tendered. To merely describe the substance, purpose or effect of the words was not sufficient. What was important was not the fact that the first defendant had used the defamatory expression but the fact of his having used those defamatory expressions as alleged. Since the alleged defamatory words as pleaded in the plaintiff’s statement of claim (even if it captured the essence of what the first defendant said) was based on the newspaper report and therefore the product of the reporter’s journalistic skills, the statement of claim did not disclose any cause of action against the first defendant (see pp 526D, H–I and 527D–E); Bruce v Odhams Press Ltd [1936] 1 KB 69, Harris v Warre (1879) 4 CPD 125, Workers’ Party v Tay Boon Too [1975] 1 MLJ 47 and Collins v Jones [1955] 2 All ER 145 followed.

(2) With regard to the second, third and fourth defendants, from an objective point of view, the two reports read as a whole did not appear to be capable of bearing any defamatory meaning and thus the statement of claim did not disclose a sufficient cause of action against them (see p 529B–D).

Per curiam

Even if there was a valid cause of action against the first defendant, the statement as reported fell short of being defamatory because there was no identification of the part of the statement which was alleged to be defamatory. Further, a statement is not defamatory merely because it caused damage to the plaintiff. It must either contain the defamatory allegation or the statement itself is false. The alleged statement considered in its natural and ordinary meaning was not capable of being defamatory as alleged and based upon the plaintiff’s answers in the interrogatories, could not be said to be untrue. Thus in the light of this, the plaintiff’s claim would also fail (see pp 527E, H–I and 528A–D); Astaire v Campling & Anor [1965] 3 All ER 666 followed.

5 comments:

Certified Translation Services said...

Best information detailed information about Certified translation Certified Translation Services I also found one good Certified Translation Services  company from California.

oakleyses said...

nike air max, nike free, ray ban sunglasses, louis vuitton, oakley sunglasses wholesale, christian louboutin uk, christian louboutin, louis vuitton outlet, gucci handbags, louis vuitton, jordan shoes, ugg boots, air max, sac longchamp pas cher, polo ralph lauren outlet online, prada outlet, nike roshe, tory burch outlet, burberry pas cher, longchamp outlet, uggs on sale, polo outlet, jordan pas cher, kate spade outlet, longchamp outlet, michael kors pas cher, replica watches, cheap oakley sunglasses, christian louboutin shoes, nike outlet, longchamp outlet, nike free run, polo ralph lauren, christian louboutin outlet, tiffany jewelry, ray ban sunglasses, louis vuitton outlet, chanel handbags, louboutin pas cher, replica watches, ray ban sunglasses, nike air max, louis vuitton outlet, longchamp pas cher, tiffany and co, ugg boots, prada handbags, oakley sunglasses, oakley sunglasses

oakleyses said...

replica handbags, michael kors outlet online, nike air max uk, michael kors, coach outlet store online, coach purses, michael kors outlet online, true religion jeans, timberland pas cher, hollister uk, polo lacoste, oakley pas cher, north face uk, michael kors outlet, hollister pas cher, michael kors, uggs outlet, michael kors outlet online, nike free uk, michael kors outlet, uggs outlet, mulberry uk, guess pas cher, true religion outlet, sac hermes, sac vanessa bruno, converse pas cher, nike air max, new balance, kate spade, coach outlet, abercrombie and fitch uk, true religion outlet, ralph lauren uk, vans pas cher, nike air force, north face, burberry outlet, lululemon canada, michael kors outlet online, nike tn, nike blazer pas cher, true religion outlet, ray ban uk, hogan outlet, ray ban pas cher, nike air max uk, nike roshe run uk, burberry handbags

oakleyses said...

soccer jerseys, iphone cases, mcm handbags, iphone 6s cases, mac cosmetics, chi flat iron, iphone 5s cases, new balance shoes, nfl jerseys, hollister clothing, soccer shoes, instyler, abercrombie and fitch, iphone 6 plus cases, north face outlet, iphone 6s plus cases, beats by dre, ferragamo shoes, asics running shoes, celine handbags, herve leger, iphone 6 cases, s6 case, louboutin, hermes belt, wedding dresses, baseball bats, ghd hair, insanity workout, north face outlet, timberland boots, jimmy choo outlet, reebok outlet, longchamp uk, hollister, babyliss, nike air max, lululemon, valentino shoes, p90x workout, giuseppe zanotti outlet, mont blanc pens, ralph lauren, bottega veneta, ipad cases, nike roshe run, oakley, vans outlet, nike huaraches, nike trainers uk

oakleyses said...

juicy couture outlet, converse outlet, links of london, barbour, vans, nike air max, louis vuitton, ugg,ugg australia,ugg italia, moncler outlet, moncler, thomas sabo, louis vuitton, canada goose, canada goose outlet, canada goose outlet, hollister, karen millen uk, louis vuitton, montre pas cher, pandora jewelry, pandora jewelry, ugg pas cher, coach outlet, swarovski crystal, pandora uk, ugg,uggs,uggs canada, pandora charms, ugg uk, toms shoes, supra shoes, ray ban, moncler, moncler outlet, louis vuitton, canada goose jackets, moncler uk, replica watches, canada goose uk, converse, ugg, moncler, barbour uk, lancel, doudoune moncler, louis vuitton, gucci, wedding dresses, hollister, canada goose, marc jacobs, moncler, swarovski