02 Nov, 2017

The Menteri Besar of Selangor is not a Public Officer

On 5 June 2017, the High Court at Shah Alam, Selangor allowed Tan Sri Abdul Khalid bin Ibrahim’s application to strike out the claim against him for misfeasance in public office.

The claim was brought by the office bearers of the Ulu Klang Recreational Club (UKRC). They alleged that Tan Sri Abdul Khalid bin Ibrahim, among others, had committed misfeasance in public office pertaining to the land on which UKRC is currently situated on during his tenure as the Menteri Besar of Selangor from 2008 to 2014.

It was argued for Tan Sri Abdul Khalid bin Ibrahim, among others, that he was not a public officer under the Government Proceedings Act 1956, the Interpretations Act 1948 and 1967, the Laws of the Constitution of Selangor or the Federal Constitution.

The learned Judicial Commissioner, Dato’ Sri Tun Abd Majid in his written judgment ruled that Tan Sri Abdul Khalid bin Ibrahim being the Menteri Besar then was not a public officer but a member of the administration of the State of Selangor – as such failing to satisfy the crucial ingredient for the tort. Hence, the claim against him was not maintainable.”

Attached: Written Grounds of Judgment

Note: Edmund Bon, Aston Phillip Paiva and Michael Cheah had acted for Tan Sri Khalid Ibrahim in this case.

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