HIGH COURT MALAYA PENANG
MARK IGNATIUS UTTLEY – Appellant
Versus
WONG KAM HOR & ANOR – Respondent
Facts
[1] The plaintiff was at the material time of the publication of the impugned art the resident conductor of the Penang State Symphony Orchestra and Chorus (PESSOC). The 1st defendant was at the material time the editor of the Nanyang Siang Pau, a Chinese Newsdaily, and the 2nd defendant, the publisher and printer of the said Nanyang Siang Pau. On 10 June 1998, Chong Eng, then sole DAP State Assemblywoman for Batu Lancang, Penang, had in her adjournment speech in the Penang State Assembly raised, for the consideration of Kee Phaik Cheen (Kee), the Chairman of the PESSOC Committee and also the State Assemblywoman for Batu Uban and an Exco Member responsible for PESSOC, various matters concerning the academic qualifications and conduct of the plaintiff. In her adjournment speech, Chong Eng had drawn the attention of the assembly to a brochure entitled "Highlights of PESSOC Programs" which described the plaintiff as having a degree from Leeds University and diplomas from the Royal College and Trinity College and as having studied conducting music at York University whereas Leeds University had confirmed that the plaintiff had never studied in Leeds University,
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