Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the defamation suit which the parties have agreed to settle by an application under O. 14A of RHC 1980. The plaintiff's application seek the following orders:

(1) whether the two letters both dated the 24-02-1998 and signed by the defendants as Chairman of the Chiang Chuan Association addressed to the plaintiff and copied to the Registrar of Societies, Kuching, YB. Soon Choon Teck, Sibu who was the advisor of the Association and a Council Negeri Member and a Deputy Minister and Messrs. Tiong, Lim & Wong Advocates, Sibu a firm of Solicitor and Advocates in Sibu, Sarikei and Kuching referred in paragraph 3 of the Statement of Claim herein is capable of bearing the meanings or such of the meanings claimed by the plaintiff in paragraph 5 of the Statement of claim?;

(2) whether publication of the two letters referred in paragraph 3 of the statement of claim were made on privileged occasion on matter of common interest which the defendant as chairman of Chiang Chuan Association has a duty, either legal, social or moral to make and the plaintiff in his respective capacity as retired chairman and member of Chiang Ch