Justice Lim Chong Fong, delivering the unanimous judgment of a three-member panel, noted that Tang Chai Yoong was accorded his rights when his case was first heard by the association’s disciplinary committee (DC), which cleared him of wrongdoing.
However, Lim said Tang was later denied the right to defend himself when the matter was deliberated further by the association’s general council (GC), and when its executive committee (Exco) overturned the DC’s findings to declare him guilty.
“There is no explanation whatsoever given by the GC as to why the appellant (Tang) was denied the right to be heard,” Lim said in a 29-page ruling, adding that the GC had violated the association’s constitution and denied Tang his right to natural justice.
“The GC also suspended the appellant upon the Exco unilaterally recommending to the GC that he is guilty of all 13 charges,” the judge said.
The suspension effectively disqualified him from attending an extraordinary general meeting (EGM) held on April 17, 2024 where a resolution was tabled for his expulsion, depriving him of the right to defend himself.
“This obviously led to the voting to expel him (being) unchallenged.”
Describing the GC and Exco’s conduct as “haughty,” Lim said their actions were carried out in bad faith by the respondents in the appeal — the association; its president, Foo Wah Chek; and deputy secretary-general, Tan Kuan Feng.
The panel, which also comprised Justices Faizah Jamaludin and Evrol Mariette Peters, ordered each respondent to pay Tang costs of RM25,000.
Tang had faced a disciplinary inquiry on 13 charges of misconduct allegedly committed during his tenure as president between 2018 and 2021, and as deputy president between 2021 and 2023.
The DC acquitted him of all charges, but its decision was overruled by the Exco and GC, resulting in a five-year suspension.
Tang, who had served the association for two decades as president and deputy president, lodged an internal appeal. The GC heard and dismissed the appeal in his absence, before moving to expel him at the EGM.
Unable to attend due to his suspension, Tang was expelled.
He later filed an originating summons to challenge his expulsion, which the High Court dismissed.
In its decision, the High Court ruled that Tang should have referred his dispute to the Registrar of Societies. The court also found that he was given a fair hearing at the DC stage, and that the GC was constitutionally empowered to overrule the DC and expel him.
The High Court’s findings were overturned in the present appeal.
Lawyers Karen Lee and Kwan Wei Chian represented Tang, while Joshua Kevin, Leng Wie Mun and Reuben Ong appeared for the respondents.