Contributed by Steven Thiru, Vice–President, Malaysian Bar
The Malaysian Bar is deeply saddened by the passing of Tan Sri Gunn Chit Tuan on 18 May 2013.
Tan Sri Gunn was born in Kuala Lumpur on 21 May 1929, and received his early education at Batu Road School and Victoria Institution1. He read law at Peterhouse College, Cambridge University2, and was called to the English Bar by the Honourable Society of Lincoln’s Inn in November 1952. He was admitted to the Malayan Bar in November 19533 and joined the firm of SM Yong & Co4.
Tan Sri Gunn then joined the Malayan Civil Service as an Assistant District Officer before joining the Judicial and Legal Service in 19585. Tan Sri Gunn served with distinction in the Judicial and Legal Service as, inter alia, President of the Sessions Court, Assistant Parliamentary Draftsman, and Senior Federal Counsel6 before his elevation to the High Court on 15 Jan 1977. At his elevation ceremony, Dato’ Wan Yahya bin Pawan Teh7 spoke of Tan Sri Gunn’s many qualities:
On a personal note, I wish to say that I have been associated with Your Lordship for the last fifteen out of nineteen years of your service in the Legal and Judicial service. During all these years Your Lordship not only displayed professional skill in handling complex legal problems but also a deep sense of comradeship and tolerance towards your colleagues and subordinates. I am proud to say that although Your Lordship was born with a silver spoon and could have maintained a close affiliation with the business world, Your Lordship has successfully resisted the beckonings of a lucrative private practice in order to serve your country in a loyal and more befitting capacity. No doubt this is in line with the desire of your distinguished father Tan Sri Gunn Lay Teik PMN, our first Malaysian High Commissioner to Australia and New Zealand.
Tan Sri Gunn was subsequently elevated to the Supreme Court in 1987, and became the Chief Justice of the High Court of Malaya in 19928. One of the landmark cases decided by Tan Sri Gunn was the Supreme Court case of Commonwealth of Australia v Midforth (Malaysia) Sdn Bhd9, which recognised (in the context of the restrictive theory of State immunity) that the common law would still be applicable post–the statutory cutoff date of 7 Apr 195610. After a distinguished career on the bench, Tan Sri Gunn retired in June 1994.
The Malaysian Bar conveys its deepest sympathies and heartfelt condolences to Tan Sri Gunn’s family and loved ones for their bereavement.
Steven Thiru
Vice–President
Malaysian Bar
22 May 2013
1 Before the Japanese Occupation of Malaya at the end of 1941.
2 He took the Law Tripos Parts 1 and 2, and obtained BA (Hons) in 1951 and LLB (Cantab) in 1952. His varsity contemporaries included Lee Kuan Yew, Kwa Geok Choo (later Mrs Lee Kuan Yew), Yong Pung How, Eddie Barker and Raja Tun Mohar Raja Badiozaman.
3 He also received his MA (Cantab) in 1954.
4 Until March 1955 and later the firm of Justice Tan Sri SM Yong.
5 He was first appointed as Senior Assistant Registrar, High Court, Kuala Lumpur.
6 Between 1960 to 1973. He also served as Registrar of Companies and Chairman, Special Commissioners of Income Tax, Malaysia.
7 On behalf of the Attorney General’s Chambers and as the Acting Parliamentary Draftsman Malaysia (see [1977] 1 MLJ lxiv).
8 The second highest judicial office in Malaysia at the time.
9 [1990] 1 MLJ 475.
10 Section 3 of the Civil Law Act 1956