Kuching: I regret the decision of the Court of Appeal this morning in affirming the High Court decision on the defamation suit by the State Government of Sarawak against me, the commonly known as the “Black Hole” case.
The Court of Appeal not only affirmed the High Court decision but also increased the damages to RM300,000 and ordered a total cost for the Court of Appeal proceedings in the sum of RM150,000.00 plus the costs of the matter in High Court for the sum of RM50,000.
In total, the Court of Appeal has ordered a total sum of RM500,000 to be paid by me to the State Government of Sarawak.
The decision today is another court decision affirming the position of the law in Malaysia that Government can sue a citizen for defamation, which the courts of most if not all Commonwealth countries have held otherwise.
The apex courts in England, Canada, Australia and other Commonwealth countries have held that only private individuals have the legal standing to sue another person for defamation and that the Government has no legal standing to sue a citizen for defamation. There are also a few judges in our Courts who subscribe to that principle of law.
The position is now settled by the Federal Court that political party has no cause of action to sue for defamation.
Governments in Malaysia are formed by political party having majority representatives in the Federal Parliament or State Legislative Assembly. That being the case, it is hard to understand the rationale for the legal standing of a State Government to sue for defamation.
Furthermore, the State Government of Sarawak in 2013 was Barisan Nasional which was a coalition of political parties of PBB, UNMO, MIC, MCA, Gerakan, SUPP and other parties and currently the State Government of Sarawak is no longer a part of Barisan Nasional.
The rationale that a Government cannot sue a citizen for defamation rests mainly upon the fundamental principle that a Government is always subject to criticisms and has all the means and resources to clear its name against any defamatory comment and that the Government’s legal rights to sue in defamation will curtail the citizens’ rights to freedom of speech.
In principle, I am of the view that Government should NOT have a right to sue for defamation. The public acts of the public bodies or public men are certainly matters of public interests. As such, they are fit subjects for animadversion or even hostile comment.
That being so, I am contemplating to appeal further to the Apex Court, subject to the advice of my legal counsel.
I acknowledge that it has been a long-drawn 13-year legal battle and has been exhausting on both my lawyers and me in terms of time, energy, and resources.
Lastly, I would like to thank my legal counsel for their hard work, Mr. Chong Siew Chiang, Michael Kong Fern Nian, Branda Chong Yan Ni, Sharon Lo Min Hui and Chong Hong Hien.
Chong Chieng Jen
DAP Sarawak Chairman
3 July 2026
