Ong (Malaya) CJ:

I have had the advantage of reading the judgment of my brother Ong with which I am in full agreement and have nothing to add.

I would dismiss the appeal with costs.

Ong Hock Sim J: The appellant was, with one K Thangavelu, the defendant in an action brought by the respondent claiming damages for libel contained in a letter dated the 11 June 1963 and the resolution passed at the annual general meeting of the Kuala Kangsar branch of the Malayan Indian Congress held on the 2 June 1963. The action against the said Thangavelu abated by reason of his death as a result of a motor accident and in the event, judgment was given against the appellant alone in the sum of $1,500/as damages and costs.

The parties to the action were all members of the said Kuala Kangsar branch at all material times. The deceased Thangavelu was president and the appellant, the secretary. The respondent complained that the appellant had published certain documents, namely the letter of the 11 June 1963, which contained defamatory imputations against him and appear in paras. 3 and 5 of the statement of claim, which I now set out with the alleged offending words underlined:

3. On or about 11 June 1963 the defendants falsely and maliciously wrote and published or caused to be written and published of the plaintiff in the form of a type written letter and a resolution hereinafter referred as the said document, the following words that is to say.

'President: Tel No KK 78 MALAYAN INDIA

K Thangavelu, PJK CONGRESS

Hon Secretary: Kuala Kangsar Branch, A Rajagopal c/o Indian Association, Kuala Kangsar.

11 June 1963.

DearSir,

I am directed by the General Body of the MIC, Kuala Kangsar at its Annual General Meeting held on 2 June 1963 at 5.30 p.m. in the Indian Association Premises under the Presidentship of the MIC President, Perak State, Mr. DS Dorai Raj, AMN, PJK, to forward a Resolution passed by the House for your information and such action you may consider necessary in the interest of the peace of the Indian Citizens of Kuala Kangsar.

I may be permitted to bring to your notice that though MIC is a political body for Indians in Malaya, yet it is an integral part of the Alliance, which consists of the major population in Malaya. i The unrest caused by a few amongst Indians of Kuala Kangsar, has therefore disturbed the peace of other communities as well. These few persons have even dared to give publicity to their vanity through the Malayan Newspapers and thus spoiled the good name of one of the most peaceful and useful branch of the MIC in Malaya. The branch consists of more than 700 members.

These people have even gone to the extent of challenging the State and Federal Headquarters authorities through their letters and the press statements. The Federal Headquarters is under the Presidentship of the Honourable Dato VT Sambanthan, Minister of Works and Posts.

The General body has specially asked me to inform you that unless such undesirable activities of these gentlemen are nipped in the bud, i it might lead to results which would be undesirable to the harmony and peace of Kuala Kangsar in particular and Malaya in general, particularly when these people are working in Government Schools and Courts.

I would be grateful if you could acknowledge this letter.

Yours faithfully,

Sd. A Rajagopal

Hon Secretary.

I am further to inform you that the carbon copies of this letter have been sent to the following:

1. Honourable, The Minister of Internal Security, K Lumpur.

2. Honourable, The Minister of Education, Kuala Lumpur.

3. Honourable, Dato Vt Sambanthan, Minister of Works and Posts, National President, MIC Headquarters, K Lumpur.

4. Chief Education Adviser, Ministry of Education, K Lumpur.

5. Chief Education Officer, Perak, Ipoh.

6. Chairman, Board of Governors, Malaya College, Kuala Kangsar.

7. Deputy Chairman, Board of Governors, Malay college, Kuala Kangsar.

8. Honourable Judge, High Court, Ipoh.

9. Honourable President