Cases Compounded In 2020
No. Nature of Offence Offender(s) Facts of Case Compound Imposed

1.

Submission of misleading information to SC in connection with a proposal Lim Kim Ming (“Lim KM”) Lim KM was charged with having committed an offence under section 32B(1)(a)(aa) read together with section 138(2) of the SCA when GP Ocean Food Berhad (“GP Ocean”) submitted through Alliance Merchant Bank Bhd, misleading information to the  SC contained in the Directors’ Report and Audited Financial Statements 31 January 2006 for Gropoint Fisheries Sdn Bhd and Gropoint Seafood Industries Sdn Bhd. This information was required to be submitted to the SC in connection with GP Ocean’s proposal for listing on the Main Board of Bursa Malaysia Securities Bhd.

Lim KM was charged in the Sessions Court on 22 May 2007.On 6 January 2011, the Sessions Court acquitted and discharged him. The prosecution then appealed to the High Court, which on 14 February 2017, overturned the acquittal and ordered Lim KM to enter his defence on the charge against him.

On 28 March 2018, the Sessions Court acquitted Lim KM at the end of the Defence’s case.

On 9 April 2018, the Prosecution filed an appeal to the High Court against the acquittal.

On 23 December 2020, with the consent of the Public Prosecutor, Lim KM paid a criminal compound of RM300,000.

On 24 December 2020, the appeal was withdrawn.

2.

Submission of misleading information to SC in connection with a proposal

Lim Kim Hai (“Lim KH”)

Lim KH was charged with having committed an offence under section 32B(1)(a)(aa) read together with section 138(2) of the SCA when GP Ocean submitted through Alliance Merchant Bank Bhd, misleading information to the  SC contained in GP Ocean’s Directors’ Report and Financial Statements 31 January 2006. This information was required to be submitted to the SC in connection with GP Ocean’s proposal for listing on the Main Board of Bursa Malaysia Securities Bhd.

Lim KH was charged in the Sessions Court on 22 May 2007.On 6 January 2011, the Sessions Court acquitted and discharged him. The prosecution then appealed to the High Court, which on 14 February 2017, overturned the acquittal and ordered Lim KH to enter his defence on the charge against him.

On 28 March 2018, the Sessions Court acquitted Lim KH at the end of the Defence’s case.

On 9 April 2018, the Prosecution filed an appeal to the High Court against the acquittal.

On 11 August 2020, with the consent of the Public Prosecutor, Lim KH paid a criminal compound of RM300,000.

On 18 August 2020, the appeal was withdrawn.

3.

Submission of misleading information to SC in connection with a proposal

Lee Sin Teck (“Lee”)

Lee was charged with having committed an offence under section 32B(1)(a)(aa) read together with section 138(2) of the SCA when GP Ocean submitted through Alliance Merchant Bank Bhd, misleading information to the SC contained in GP Ocean’s Directors’ Report and Financial Statements 31 January 2006. This information was required to be submitted to the SC in connection with GP Ocean’s proposal for listing on the Main Board of Bursa Malaysia Securities Bhd.

Lee was charged in the Sessions Court on 18 April 2007On 6 January 2011, the Sessions Court acquitted and discharged him. The prosecution then appealed to the High Court, which on 14 February 2017, overturned the acquittal and ordered Lee to enter his defence on the charge against him.

On 28 March 2018, the Sessions Court acquitted Lee at the end of the Defence’s case.

On 9 April 2018, the Prosecution filed an appeal to the High Court against the acquittal.

On 11 August 2020, with the consent of the Public Prosecutor, Lee paid a criminal compound of RM300,000.

On 18 August 2020, the appeal was withdrawn.

4.

Submission of misleading information to SC in connection with a proposal

Tan Siok Wan (“Tan”)

Tan was charged with having committed an offence under section 32B(1)(a)(aa) read together with section 138(2) of the SCA when GP Ocean submitted through Alliance Merchant Bank Bhd, misleading information to the SC  contained in a list titled “GP Ocean Food Berhad Group Top Ten Customer”. This information was required to be submitted to the SC in connection with GP Ocean’s proposal for listing on the Main Board of Bursa Malaysia Securities Bhd.

Tan was charged in the Sessions Court on 18 April 2007. On 6 January 2011, the Sessions Court acquitted and discharged her. The prosecution had then appealed to the High Court, which on 14 February 2017, overturned the acquittal and ordered Tan to enter her defence on the charge against her.

On 28 March 2018, the Sessions Court acquitted Tan at the end of the Defence’s case.

On 9 April 2018, the Prosecution filed an appeal to the High Court against the acquittal.

On 11 August 2020, with the consent of the Public Prosecutor, Tan paid a criminal compound of RM300,000.

On 18 August 2020, the appeal was withdrawn.

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