Salleh Abas FJ (delivering the judgment of the Court):

As far as can be gleaned from the evidence given at the trial, the factual background of this case began with the arrest and detention of the sixth appellant Chan Siaw Hee and two other persons, Lim Kim Seng and Teng Chew Seng. All three were members of the Sarawak United People's Party (SUPP). On 1 November 1969 all three were released. On the same day a press conference arranged for the sixth appellant by the Information Department was held at Radio Malaysia Sarawak Building, and on the following day (2 November 1969) the Sarawak Vanguard, a Chinese language newspaper owned and controlled by the respondent and his family devoted its front page to carry the news of the release and the sixth appellant's press conference. It appears that after the release the sixth appellant became the publicity officer of SUPP whilst the position of the other two ex-detainees in the party was uncertain. This situation led to what appears to be a misunderstanding between these two men. Soon the Sarawak Vanguard and other Chinese language newspapers in Sarawak, i.e. the Sarawak International Times and the Sarawak Siang Pao began to print