Legal counsel, DAP chairman on collision course
KUCHING: State Legal Counsel Dato Sri JC Fong said state DAP chairman Chong Chieng Jen could not find the words "Malaysia Agreement 1963 and Inter-Governmental Committee (IGC) Report has no legal force in Malaysia" in his written submission delivered to the Federal Court on August 15 in the case of Keruntum Sdn Bhd vs Sarawak Government and two others.
"What he did was to take only selective passages of my submission and put his own spin on these passages to assert that 'the ordinary meaning of such statements is that the recommendation in the IGC Report which is part of the MA63 has no legal force'. "Despite his spinning, what he now claimed is different from his original allegation that I submitted 'MA63 and IGC Report had no legal force in Malaysia' and I supported 'the contravention of MA63'," Fong told The Borneo Post yesterday.
He gave Chong a week to respond and if he failed to do so, the DAP chairman must then issue a public correction and apology, failing which Fong said he would sue for defamation.
In response to Chong's statement yesterday, Fong said the Federal Court's judgment delivered on Dec 7 made no finding that he said "MA63 and IGC Report had no force of law in Malaysia".
"The Federal Court ruled that until and unless a recommendation by the IGC has been implemented by its incorporation in the Federal Constitution or through legislative, executive or action taken under Article VIII of MA63, a litigant like Keruntum cannot enforce it through proceedings in Court because the Court is not empowered by Article VIII of MA63 to implement any recommendation made by IGC.
"It is clear from the Judgment that if a recommendation by the IGC had been implemented in accordance with MA63, then that recommendation is enforceable by proceedings in Court. There is ample case law already on this point."
In noting that he did not read Free Malaysia Today dated August 15, Fong said if the news portal contained words defamatory of him and disseminated false news about what he submitted in Court, he reserves his rights to take action against that news portal.
"But, YB Chong should realise that reliance on a misleading and untrue news report is no defence to an action for libel.
"In view of the position taken by YB Chong, this matter has to be resolved in Court. The Court papers in this case are now under preparation and I will be claiming aggravated damages especially in the light of the latest media statement by YB Chong."