Datuk Dr. Tang Chai Yoong v Foo Wah Chek & Ors

Court of Appeal · · Constitutional & Administrative Law

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Datuk Dr. Tang Chai Yoong v Foo Wah Chek & Ors
CourtCourt of Appeal
Judgment Date28 January 2026
Date Uploaded11 February 2026
Legal TopicsConstitutional & Administrative Law
Parties

Appellant(s): Datuk Tang Chai Yoong

Respondent(s):

  • FOO WAH CHEK didakwa atas kapasitinya sebagai Presiden Persatuan Hainan Selangor Dan Wiilayah Persekutuan
  • TAN KUAN FENG didakwa atas kapasitinya sebagai Naib Setiausaha Agung Persatuan Hainan Selangor Dan Wilayah Persekutuan
  • Persatuan Hainan Selangor Dan Wilayah Persekutuan
Bench
  • YA Dato' Lim Chong Fong
  • YA Dato' Faizah Binti Jamaludin
  • YA Datin Paduka Evrol Mariette Peters
Facts & Background
  • The appellant, a former President of an association, faced 13 disciplinary charges, which the Disciplinary Committee (DC) found not proven and dismissed.
  • Despite the DC's findings, the association's Executive Committee (EXCO) and General Council (GC) rejected the DC's proposal, suspended the appellant for five years, and subsequently expelled him at an extraordinary general meeting (EGM).
  • The appellant challenged his suspension and expulsion in the High Court, which dismissed his originating summons, holding that he failed to exhaust domestic remedies, the association's actions were not ultra vires its Constitution, and there was no breach of natural justice.
Issues for the Court
  • Whether the appellant was obliged to exhaust domestic remedies by referring the dispute to the Registrar of Societies under Section 40 of the Societies Act 1966 before initiating court proceedings.
  • Whether the actions of the association's EXCO and GC in suspending and expelling the appellant were ultra vires the association's Constitution.
  • Whether the appellant was denied natural justice during the disciplinary process and subsequent expulsion.
Decision
  • The Court held that Section 40 of the Societies Act 1966 only mandates referral to a specified body or the Registrar if the society's constitution expressly provides for it or if all parties consent, neither of which was present in this case.
  • The Court found the EXCO and GC's actions ultra vires the Constitution, as they unilaterally imposed suspension and expulsion without a prior proposal or recommendation from the DC, and without providing reasons for overturning the DC's findings.
  • The Court concluded that the appellant was denied natural justice, particularly in his appeal before the GC and by being suspended, which effectively deprived him of the right to attend the EGM and defend himself against the expulsion motions.
  • The appeal was allowed, the High Court's decision was set aside, and judgment was entered for the appellant.
Link to JudgmentView Full Judgment

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