Prime Minister Najib Abdul Razak will decide this week whether to sue former MCA president Dr Ling Liong Sik.

His lawyer, Mohd Hafarizam Harun, said he would be meeting with the prime minister this afternoon to obtain his instructions.

"I have an appointment to meet him (Najib) and following that, a decision will be made within one or two days on whether to proceed with the suit,” Hafarizam ( photo ) told reporters after a court proceeding today.

“I hope to have it filed soon and naturally, after this, I will serve it (the suit) on Tun Ling or his lawyers as upon instructions given,” he said.

Ling, who had called on Najib to resign, courted a legal letter on Oct 3 for accusing the prime minister of taking public funds.

However, the former transport minister has refused to apologise or retract his statement.

According to Ling's lawyer, Ranjit Singh, they have sent a facsimile of Ling's official response to Najib's lawyers at the firm of Hafarizam Wan Aisha and Mubarak on Oct 10.

"Ling has refused to apologise and it is up to the PM to sue," Ranjit said when asked on the content of the fax that was sent.

MCA has distanced itself from Ling's statement on Najib, with the party secretary-general Ong Ka Chuan saying it was the former minister's personal opinion.