Lee Hun Hoe (Borneo) CJ:

This is an appeal against the decision of the learned judge in finding appellant, an advocate, guilty of contempt of court by aiding and abetting Chai Tze Foh and his wife, Ha Siow Chan to commit breaches of a court order dated 30 May 1975 ("the court order").

In granting "the court order" the learned judge relied on the sworn affidavits filed by respondent. Although East Malaysia Sea Products Co. ("the Co") which carried on business at Lot 4479 Sungai Priok, Kuching, Sarawak had four partners only Chai and his wife were registered as partners under the Business Names Register in Sarawak. On 1 September 1973 "the Co" sold their business lock, stock and barrel to respondent ("The Singapore Co") at an agreed price which was duly paid (see agreements at pages 91 and 100). However, due to administrative and other delays the agreements could not effectively be carried out. So, on 24 June 1974 the respondent and "the Co" and Chai entered into an operation agreement whereby Chai was appointed an executive to run the business of "the Co" (see operation agreement at page 36). On 4 September 1974 in pursuance of the agreement "the Co" acting through Chai ex