Raja Azlan Shah CJ (MALAYA) (delivering the judgments of the Court) :

The appellant, who was at all relevant times and still is a Member of Parliament and the Leader of the Opposition, was charged with being in possession of information relating to the Federal Government's purchase of four fast-strike craft (FSC) for the use of the Royal Malaysian Navy. The details of this information were alleged in the charges to be the identities of the four shortlisted tenderers and of the successful tenderer, the original and consolidated prices submitted by the successful tenderer, the mode of payment and the cost of the four FSC, the make of the fire control system and the make and types of engines to be installed in the FSC and the capability of the craft. The information was and is secret.

Arising from the possession of that information, the appellant was in Criminal Trial No. 13/78 charged with receiving such secret official information having reasonable ground to believe that it was communicated to him in contravention of the Official Secrets Act, 1972, (the Act), an offence punishable under s. 8(2) of the Act (the first charge).

A second charge was preferred against him under