‘Office bearers can sue on behalf of parties’

High Court orders Guan Eng to file his defence for allegedly defaming Gerakan

GEORGE TOWN: Office bearers of societies, including political parties, can sue someone for defamation on behalf of their organisations, ruled the High Court here.

Justice Rosilah Yop made the ruling based on the Societies Act 1966 after telling Chief Minister Lim Guan Eng to file his defence against the defamation suit brought by Gerakan secretary-general Datuk Liang Teck Meng.

Yesterday, she also set aside Lim’s application to strike out the suit and ordered him to pay RM2,500 in costs to the plaintiff.

Lim must submit his defence by Feb 9. On July 25 last year, Penang Gerakan legal and human rights bureau chief Datuk Baljit Singh had filed the suit for Liang, naming Lim as the sole defendant.

In the statement of claim, Liang said Lim had defamed Gerakan and former Chief Minister Tan Sri Dr Koh Tsu Koon with accusations in an online portal that 380.4ha of reclaimed land in Seri Tanjong Pinang were sold at RM1 per sq ft with 10% of the land given to the state government.

He claimed that Lim’s remarks gave an impression that the previous leadership under Dr Koh had disregarded the interest of Penangites by selling the land at below market price.

Baljit told reporters that the defendant had tried to strike out the suit on grounds that there was no registered public officer in Gerakan and that Liang was bringing a representative action, which was not allowed in a defamation suit.

“In societies, a public officer can sue or be sued on behalf of the society and if there is none, then an office bearer can serve in the same capacity,” said Baljit, pointing out that this was in accordance with Section 9(c) of Societies Act 1966.

Lim was represented by counsel K. Simon Murali.

Separately, Penang Barisan Nasional chairman Teng Chang Yeow said he was going to sue Lim for defamation over remarks on the Penang undersea tunnel.

“I have instructed my lawyers to take the Chief Minister of Penang to court for defaming me in his statement on Jan 17, 2018.

“Our legal suits are on defamatory remarks, which is calling each other lying,” he said in a statement.

On Thursday, Lim had also said that he would sue Teng.

In societies, a public officer can sue or be sued on behalf of the society and if there is none, then an office bearer can serve in the same capacity. Justice Rosilah Yop