KUCHING, July 31 2026: Sarawak DAP chairman Chong Chieng Jen said he has decided to appeal to the Federal Court against the decision of the Court of Appeal (CoA) in affirming the High Court’s judgment in the “Black Hole” case, citing public interest.
Caption: Sarawak DAP chairman Chong Chieng Jen (seated, centre) with DAP members
He said he is also appealing against the decision of CoA in imposing an award of RM300,000 in damages and RM200,000 costs against him.
He said his lawyers will be filing the necessary papers to the Federal Court later today, seeking leave to appeal to the Federal Court.
He said CoA has decided that, in Malaysia, a government can sue its citizen for defamation.
“In most if not all the Commonwealth countries which practise the common law system (Malaysia is one), the courts have held that government has no rights to sue for defamation against its citizens.
“Courts in England, Canada, Australia, New Zealand, India and South Africa have all adhered to this position, that is, a government has no right to sue a person for defamation,” Chong said.
He said the reason is based on the fundamental principle that government is elected by the people and should be open to uninhibited criticisms by the people and that to allow a government to sue a citizen for defamation will create an inhibiting effect on freedom of speech.
“This widely accepted common law position was totally overturned in my Black Hole case where the government of Sarawak sued me for defamation and the courts allowed such action to be maintained by the government.
“So far to the best of my knowledge, in all Commonwealth jurisdictions my Black Hole case is the only case that the court holds that a government can sue its citizen for defamation,” Chong, who is also Stampin Member of Parliament, said.
He said in effect, with the precedent set in the Black Hole case, if a citizen criticises a government to be “unfit to govern” or “a hopeless government”, he will be liable to be sued for defamation by the government of the day.
“Therefore, as a citizen of the country who believes in our fundamental principles of democracy, I have decided to appeal to the highest court in the country, hopefully to set it right,” he added.
On July 3 this year. CoA had dismissed his appeal against the High Court’s ruling in the 2013 ‘black hole’ defamation suit and doubled the damages awarded.
The CoA increased the damages the High Court from RM150,000 to RM300,000.
The court also awarded RM150,000 in costs for the appeal, while the High Court costs of RM50,000 remained unchanged, bringing the total amount payable by Chong to RM500,000.
The state government and State Financial Authority had sued Chong, then Kota Sentosa assemblyman, in 2013, alleged in Sarawak DAP pamphlets that RM11 billion from the state’s coffers had disappeared into a “black hole”, implying financial mismanagement by the Sarawak government and the SFA.
The plaintiffs subsequently filed a defamation suit against him. The trial was heard from Jan 7 to July 5, 2021.
On Aug 30, 2022, then Judicial Commissioner Alexander Siew How Wai ruled in favour of the plaintiffs but did not provide written grounds for the judgment.




