Gopal Sri Ram JCA:

This appeal arises from the judgment of the High Court at Seremban dismissing with costs the appellant's claim for defamation against the respondent. In the court below there were two other defendants, namely, Khoo Chee Hian ("the first defendant") and Nanyang Siang Pau Malaysia Berhad ("the third defendant"), but the claim against them was withdrawn by the appellant. They are therefore not before this court, although for some reason, not made entirely clear by counsel for the appellant, they appear as respondents in the appeal.

The appellant is a businessman a member of the Malaysian Chinese Association or M.C.A., which is a political party and several other voluntary service organisations. The respondent is the publisher of a well known newspaper in the Chinese language called "China Press". In the issue of the respondent's newspaper of 25 March 1988, there appeared an article, the agreed translation of the body of which reads as follows:

The MCA Lukut branch today criticised Cheok Kee Lian for releasing an irresponsible statement through the Si-Rusa State Representative Mr. Krishnasamy claiming the merit of road resurfacing repair at Taman Lukut as