Stephen Kalong Case Review

STEPHEN KALONG NINGKAN V. TUN ABANG HAJI OPENG AND TAWI SLI FEDERAL COURT [KUCHING] OCJ HARLEY A-G (BORNEO), CJ [KUCHING CIVIL SUIT NO. K 45 OF 1966] 7 SEPTEMBER 1966 JUDGMENT Harley A-G (Borneo) CJ: The plaintiff was appointed Chief Minister of Sarawak on 22 July 1963. On 14 June 1966 there was a meeting of Council Negri at which, apart from the Speaker, plaintiff and twenty other members were present. Five members of the Sarawak United Peoples Party and one Machinda member, who normally behave as an opposition, were present among the total of 21 members. Of the 21 members, three were ex officio. Bills were. passed without opposition on that day. One of the members present, Abang Haji Abdulrahim bin Abang Haji Moasili, who gave evidence in this case, was a supporter of the plaintiff on 14 June and indeed up to 16 June. He says that as from the evening of 16 June he would not have supported the plaintiff. The fact remains that there has never been a motion of no confidence put in Council Negri, nor has there been any defeat of a Government bill. On 14 June a letter was addressed from Kuala Lumpur to the Governor. It is accepted that this letter was signed by 21 persons who are members of Council Negri. (There are 42 members in all of Council Negri plus the Speaker.) The author of the letter was Tan Sri Temenggong Jugah, Federal Minister for Sarawak Affairs (not a member of Council Negri). The letter reads as follows:
Letter No. 1 "TOP SECRET c/o YB Enche Thomas Kana, Dewan Ra'ayat. Kuala Lumpur. 14hb June 1966. His Excellency, The Governor of Sarawak, The Astana, KUCHING. Your Excellency. We, the undersigned members of Council Negri Sarawak, beg to inform your Excellency that we no longer have any confidence in the Hon Dato' Stephen Kalong Ningkan to be our leader in the Council Negri and to continue as Chief Minister.

2. Since the Hon. Dato' Ningkan has mill to command the confidence of the majority of the members of the Council Negri, he is bound by article