JUDGMENT

Wan Yahya Pawan Teh FCJ:

[1] In an article appearing in The Malay Mail dated 4 July captioned: Illegal Traders To Move - Hawkers' Filth is Unbearable - a Majlis Perbandaran Petaling Jaya (MPPJ) Councillor, while commenting on the state of affairs created by illegal traders, along Jalan SS21/39 Damansara Utama and the relocation of their activities to Jalan SS21/60 was reported to have said that, "The condition here is unbearable, some of them were put in squatter houses amongst the stalls.... There is no compromise on hygiene, the public health is at stake."

[2] As a matter of fact the Councillor was merely announcing a matter which had been discussed and decided at a meeting of the Health Committee of the MPPJ held on 26 May 1989.

[3] The minutes of the meeting as reproduced by the learned trial Judge indicated the MPPJ would provide specific lots to hawkers in Jalan SS8/3 and SS21/60; that the use of push carts as approved by the MPPJ be suggested for use by the hawkers in place of the fixed stalls; and that business be carried out on one half of the road at night (between 5pm & 7am). There were also several conditions imposed on the would be licensed hawkers.

[4] The real re