BUSINESSMAN Tan Sri Tan Kok Ping has lost his appeal against Penang Chief Minister Chow Kon Yeow over statements made following Tan’s resignation as a trustee of a charitable home.
The Court of Appeal today unanimously upheld the High Court’s dismissal of Tan’s defamation suit and ordered him to pay RM50,000 in costs.
The three-member panel, comprising Justices Datuk Dr Alwi Abdul Wahab, Datuk Dr Shahnaz Sulaiman and Datuk Amarjeet Singh, found no reason to interfere with the High Court’s decision made on Nov 26, 2024.
Justice Alwi, who delivered the ruling, said Chow’s remarks could be considered fair comment as they were based on facts and concerned a matter of public interest — the running of a charitable institution.
The court also found that Chow had proven his defence of justification, saying the substance of his statements was generally true.
It rejected Tan’s argument based on the doctrine of “half-truth”, finding no material facts had been concealed by Chow.
The panel also said Tan had failed to prove that Chow was motivated by malice when he made the remarks.
Justice Alwi further held that Chow was protected by qualified privilege when responding publicly to Tan’s resignation letter.
Tan filed the suit in January 2024 over comments Chow made during two press conferences at his office in Komtar on Dec 1 and Dec 6, 2023.
The statements followed Tan’s resignation as a trustee of the Silver Jubilee Home for the Aged and were subsequently reported by the media.
At the time, Tan and Chow were both trustees of the Penang and Province Wellesley Silver Jubilee Fund, which oversees the home.
Tan’s suit was dismissed by the Penang High Court, prompting him to take the matter to the Court of Appeal.
Tan was represented by lawyers K. Kirubakaran, Kek Boon Wei and Lee Wen Qian, while lawyer Cheah Eng Soon appeared for Chow. – August 26, 2026
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