CIVIL SUIT AGAINST STAR PUBLICATIONS (Government interest)

Dr Lee Siew-Choh asked the Minister for Law what interest has the Government in Civil Suit KOD No. S6-25-235-87 between Mr Lee Kuan Yew and Mr Chin Vui Khen and another heard in the High Court of Malaya at Kuala Lumpur on the 27th, 28th and 29th of March, 1989.

The Minister for Law (Prof. S. Jayakumar): Sir, this is a civil suit against Star Publications and its editor in respect of two libellous articles which appeared in the Sunday Star of 1st February 1987 and 22nd February 1987. These articles contained highly defamatory and scurrilous attacks on the whole Government, the Prime Minister, the Cabinet and senior civil servants.

The Government as a whole has an interest in the legal redress sought on these defamatory articles published in a friendly neighbouring country. The Attorney-General advised that the action be instituted in the first instance by the Prime Minister claiming damages for libel and an injunction to restrain the defendants from publishing further similar libellous articles. The claims of other Cabinet Ministers and the senior civil servants are held in abeyance and can be pursued after the case brought by the Prime Minister has been concluded. The Prime Minister agreed.

The Attorney-General, as instructing solicitor in these proceedings, briefed a lawyer in Kuala Lumpur to institute libel proceedings, and is holding a watching brief during the trial for the Government as a whole both the Cabinet Ministers and the senior civil servants whose honesty and integrity have been impugned.

Dr Lee Siew-Choh (Non-Constituency Member): Sir, the legal officers were taking part in a civil suit by the Prime Minister. Why were they there?

Prof. Jayakumar: Sir, let me explain. The Attorney-General has advised that when defamation is committed against the Government as a whole or against any Minister in his capacity as a Minister of the Government or against the Prime Minister in his capacity as Prime Minister or as head of the Government, it is perfectly legal and in order for the Attorney-General to act on their behalf.

Dr Lee Siew-Choh: The Minister mentioned about the Prime Minister agreeing. How is it that the Government has not also taken action at the same time?

Prof. Jayakumar: Mr Speaker, Sir, it is obvious that the Member has not listened to my answer.