Court Reinstates Lawsuits to Remove Han Chiang School Trustee
Background
Plans to turn Penang’s Han Chiang School into a university have sparked years of legal disputes. The controversy surrounds the school’s 12.5ha plot of land, donated in 1948 by Lim Lean Teng for the Chinese school.
Court Ruling
The Court of Appeal has reinstated two lawsuits to remove Lim Boon Lin, grandson of Lim Lean Teng, as the sole trustee of Han Chiang School. A three-member bench chaired by Justice Lee Swee Seng ordered both suits, brought by the Penang Teochew Association (PTA) and Han Chiang School Association (PHCACSA), to be sent back to the High Court for a full trial.
Court’s Decision
The court found that the issues raised in the suits were too serious to be thrown out so easily. Justice Lee Swee Seng, who sat with Justices Azimah Omar and Wan Ahmad Farid Wan Salleh, said the two groups had obtained permission from the attorney-general to file the lawsuits, which is a legal requirement for matters involving public charitable trusts. He added that the AG’s consent was a clear sign that the cases brought against the trustee were not frivolous.
Previous Case
The court also cited a previous case involving the school, where the same two groups were allowed to question how the trust’s land was being used. The case had also been sent back to the High Court for a full hearing. Justice Lee said these suits should be treated the same way, and ordered any legal cost paid previously by the associations to be refunded. Case management at the High Court in George Town has been fixed for April 15.
Reinstatement of Suits
The associations, represented by lawyers K Kirubakaran, Ong Yu Shin, Tham Shien Shyong, Loh Yeow Khoon, and Phuah Wen Jian, want to oust Boon Lin as the sole trustee of Han Chiang School and challenge his appointment of 10 new trustees. They also want a ruling on whether the 12.5ha plot of land can be used to set up a university under a proposed "education city" on its vast grounds off Green Lane.
Previous Ruling
In July last year, the Penang High Court struck out the two suits and ruled that the groups had no valid grounds to sue Boon Lin. Justice Quay Chew Soon said the issues raised in both suits had already been decided on by the court in a previous action and cannot be re-litigated. He also said the associations did not have any power under the trust indenture to appoint their own trustees or remove Boon Lin as trustee, and therefore had no legal standing to bring the suits.
Conclusion
The reinstated lawsuits are a significant development in the long-standing dispute over the Han Chiang School’s trust. The court’s decision to send the cases back to the High Court for a full trial is a major victory for the Penang Teochew Association and Han Chiang School Association, who are seeking to oust Lim Boon Lin as the sole trustee of the school.
Frequently Asked Questions
Q: What is the controversy surrounding Han Chiang School?
A: The controversy surrounds plans to turn the school into a university, which has sparked disputes over the use of the school’s 12.5ha plot of land.
Q: Who is Lim Boon Lin?
A: Lim Boon Lin is the grandson of Lim Lean Teng, the philanthropist who donated the land for the Chinese school.
Q: What are the Penang Teochew Association and Han Chiang School Association seeking?
A: They are seeking to oust Lim Boon Lin as the sole trustee of Han Chiang School and challenge his appointment of 10 new trustees, as well as a ruling on whether the 12.5ha plot of land can be used to set up a university.