PUTRAJAYA: The Court of Appeal has dismissed the appeal by former Universiti Malaya Association of New Youth (Umany) president Wong Yan Ke against his conviction and RM10,000 fine for insulting the university's former vice-chancellor.
Court of Appeal Judge Datuk Noorin Badaruddin, who led a three-member panel on Thursday (Oct 1), also advised Wong that while freedom of speech is an important right, it must be exercised responsibly and in accordance with the law.
She said Wong still had the right to speak out, criticise and express disagreement but not to disregard the law.
"Mr Wong, the court is not punishing you for having a different view. The court is punishing your conduct based on the court's finding that you have exceeded the limits set by the law. "The right to freedom of speech is an important right – but that right does not bring with it the right to disregard the law.
"Because true freedom is not the freedom to do whatever one desires, but rather that freedom comes with full responsibility," said Justice Noorin.
Sitting with Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashimi Abdul Hamid, she unanimously dismissed Wong's appeal to set aside his conviction and sentence of an RM10,000 fine or six months in prison, handed down by the Kuala Lumpur High Court for insulting the former vice-chancellor of the university.
Justice Noorin said the court was satisfied that the charge against Wong was valid and did not cause any prejudice or miscarriage of justice.
"The elements of the offence under Section 504 of the Penal Code have been successfully proven beyond a reasonable doubt, aside from there being no material misdirection of law committed by the Magistrates' Court. There was no material misdirection of law by the Magistrate and no sufficient basis for this court to interfere with the sentence handed down by the High Court.
"Therefore, this court finds the appellant's appeal to be without merit. The appellant's conviction under Section 504 of the Penal Code and the fine of RM10,000 as decided by the High Court are upheld," the judge said.
On April 15, 2025, the High Court increased the RM5,000 fine to RM10,000 against Wong for insulting and provoking former Universiti Malaya vice-chancellor Prof Datuk Dr Abdul Rahim Hashim during the university's convocation ceremony. Wong paid the RM10,000 fine.
On Oct 9, 2023, the Magistrates' Court imposed a RM5,000 fine on Wong after he was found guilty of intentionally insulting and provoking Abdul Rahim and guests through his actions, which could have threatened public peace during the 59th UM Convocation Ceremony at Dewan Tunku Canselor, Universiti Malaya, at 10am on Oct 14, 2019.
The charge, framed under Section 504 of the Penal Code, carries a maximum prison sentence of two years, or a fine, or both, upon conviction.
In today's proceedings, Wong was represented by lawyer Haijan Omar, while the prosecution was represented by Deputy Public Prosecutors Jasmee Hameeza Jaafar and Mohd Zain Ibrahim. – Bernama
