无论国家机关及其工作人员主观上是否存在过错，只要其行为违法并造成损害，即可构成国家赔偿。 ( )

Nalab Bhd, whose registered offi ce is in Kuala Lumpur, held its latest annual general meeting (AGM) on 15 October 2009. The meeting was held at the Discount Hotel in Johore Bahru. The notice calling for the meeting was sent out by the company on 1 October 2009. At the meeting a resolution was passed to appoint Abu, who is 73 years old, as a director of the company. This resolution was passed by an 80% majority.Required:Advise Ahmad, a member of Nalab Bhd, who seeks your advice on the following:

(a) whether the validity of the AGM can be challenged on the ground that it was not held in Kuala Lumpur; (3 marks)