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Appellate court upholds RM10,000 fine, reminds Umany ex-president that freedom of speech has limits

PUTRAJAYA, Oct 2 — The Court of Appeal has upheld the conviction and RM10,000 fine imposed on former University of Malaya Association of New Youth (Umany) president Wong Yan Ke...

Malay MailMalay Mail2026-10-02 10:35查看原文 ↗

The Court of Appeal in Putrajaya upheld the conviction and RM10,000 fine against former Umany president Wong Yan Ke for insulting a former Universiti Malaya vice-chancellor.

Led by Justice Datuk Noorin Badaruddin, the panel confirmed that the prosecution had effectively proven the offence under Section 504 of the Penal Code beyond reasonable doubt, and the original ruling did not involve any legal errors.

Noorin emphasized the importance of exercising freedom of speech within legal limits, indicating that Wong's actions during a university convocation in 2019 violated these boundaries and could have disturbed public peace.

PUTRAJAYA, Oct 2 — The Court of Appeal has upheld the conviction and RM10,000 fine imposed on former University of Malaya Association of New Youth (Umany) president Wong Yan Ke for intentionally insulting a former vice-chancellor.

A three-member panel led by Justice Datuk Noorin Badaruddin unanimously dismissed Wong’s appeal to set aside the penalty handed down by the High Court, ruling that the charge was valid and did not result in any prejudice or miscarriage of justice, NST reported.

Sitting alongside Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashimi Abdul Hamid, Noorin stated that the prosecution had successfully established the case against the youth activist.

“The elements of the offence under Section 504 of the Penal Code have been proven beyond a reasonable doubt, aside from there being no material misdirection of law committed by the magistrate’s 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.

Limits of freedom of speech

In delivering the judgment on Thursday, Noorin also took the opportunity to remind Wong that while freedom of speech is a fundamental right, it must be exercised responsibly and within legal boundaries.

She noted that Wong possessed the right to speak out, criticise, and express disagreement, but not to flout 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 Noorin.

The case stems from a protest staged by Wong during the 59th Universiti Malaya Convocation Ceremony at Dewan Tunku Canselor on Oct 14, 2019. The courts determined that his actions were intended to insult and provoke then vice-chancellor Prof Datuk Dr Abdul Rahim Hashim in a manner that could have threatened public peace.

Wong was initially fined RM5,000 by the Magistrate’s Court on Oct 9, 2023, under Section 504 of the Penal Code. The offence carries a maximum prison sentence of two years, a fine, or both.

On April 15, 2025, the High Court enhanced the penalty, doubling the fine to RM10,000 or six months in default. Wong has since paid the fine.

During the appellate proceedings, lawyer Haijan Omar represented Wong, while Deputy Public Prosecutors Jasmee Hameeza Jaafar and Mohd Zain Ibrahim appeared for the prosecution.

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布城上诉法院维持了对前马来亚大学校长黄彦基的定罪和10000令吉罚款，罪名是侮辱前马来亚大学副校长。

由法官拿督诺林·巴达鲁丁领导的小组确认，控方已在排除合理怀疑的情况下有效证明了《刑法》第 504 条规定的罪行，并且原判没有任何法律错误。

努林强调了在法律范围内行使言论自由的重要性，并指出黄在2019年大学毕业典礼上的行为违反了这些界限，可能扰乱了公共秩序。

布城，10月2日讯——上诉法院维持了对前马来亚大学新青年协会（Umany）主席黄彦基的定罪和1万令吉罚款，罪名是故意侮辱前副校长。

据《新海峡时报》报道，由法官拿督诺林·巴达鲁丁领导的三人小组一致驳回了黄某要求撤销高等法院判决的上诉，裁定该指控有效，并未造成任何偏见或司法不公。

努林与法官拿督哈亚图尔阿克马尔阿卜杜勒阿齐兹和拿督梅奥哈希米阿卜杜勒哈米德坐在一起，表示检方已成功立案针对这位青年活动人士。

“根据《刑法典》第 504 条，该罪行的构成要件已得到排除合理怀疑的证明，此外，地方法院也没有犯下任何实质性的法律错误。

“地方法官在法律适用上并无实质性错误，本法院也无充分理由干预高等法院的判决。”

“因此，本庭认为上诉人的上诉缺乏依据。高等法院裁定上诉人违反《刑法》第504条的罪名成立，并处以1万令吉罚款，本庭维持原判。”法官说道。