Updates on Criminal Prosecution in 2014
No. Nature of Offence Offender(s) Facts of Case Date Charged
Criminal Prosecution Initiated – Persons Charged
1. Insider trading Tiong Kiong Choon Tiong was charged with 2 counts of insider trading under s188(2)(a) CMSA. He is alleged to have disposed of 6,208,500 APL Industries Berhad (APLI) shares on 26 and 29 October 2007 while in possession of inside information in relation to the audit adjustments proposed by APLI’s auditors which would result in APLI reporting a higher loss for the financial year ended  30 June 2007, as compared to the previously reported unaudited 4th quarter results for the same financial year and that APLI would be classified as an affected issuer pursuant to the Listing Requirements of Bursa Malaysia Securities Bhd and Practice Note 17/2005. Tiong Kiong Choon was charged on 9 December 2014.
2. Insider trading Tan Bee Hong Tan was charged with insider trading under s188(2)(a) CMSA as she is alleged to have disposed of 350,000 APL Industries Berhad (APLI) shares on 31 October 2007 while in possession of inside information in relation to the audit adjustments proposed by APLI’s auditors which would result in APLI reporting a higher loss for the financial year ended  30 June 2007, as compared to the previously reported unaudited 4th quarter results for the same financial year and that APLI would be classified as an affected issuer pursuant to the Listing Requirements of Bursa Malaysia Securities Bhd and Practice Note 17/2005. Tan Bee Hong was charged on 15 December 2014.
3. Insider trading Thai Kim Sim Thai was charged under s188(3)(a) CMSA for  having communicated to Tiong Kiong Choon between 26 to 29 October 2007 inside information in relation to the audit adjustments proposed by APLI’s auditors which would result in APLI reporting a higher loss for the financial year ended  30 June 2007, as compared to the previously reported unaudited 4th quarter results for the same financial year and that APLI would be classified as an affected issuer pursuant to the Listing Requirements of Bursa Malaysia Securities Bhd and Practice Note 17/2005. Thai Kim Sim was charged on 15 December 2014.
4. Insider trading Tan Bee Geok Tan was charged under s188(3)(a) CMSA for having communicated to Tan Bee Hong between 23 to 31 October 2007 inside information in relation to the audit adjustments proposed by APLI’s auditors which would result in APLI reporting a higher loss for the financial year ended  30 June 2007, as compared to the previously reported unaudited 4th quarter results for the same financial year and that APLI would be classified as an affected issuer pursuant to the Listing Requirements of Bursa Malaysia Securities Bhd and Practice Note 17/2005. Tan Bee Geok was charged on 15 December 2014.
5. Insider trading Ch’ng Poh @ Ch’ng Chong Poh Ch’ng Poh @ Ch’ng Chong Poh was charged with 58 counts of insider trading under section 188(2)(a) of the Capital Markets and Services Act (CMSA) 2007.He is alleged to have acquired 5,775,700 Malaysia Pacific Corporation Berhad (MPAC) shares between 14 May 2008 and 20 August 2008 while in possession of inside information relating to a multi-million ringgit joint venture between Oriental Pearl City Properties Sdn Bhd, a wholly owned subsidiary of MPAC and AmanahRaya Development Sdn Bhd, a wholly owned subsidiary company of Amanah Raya Berhad. Ch’ng Poh @ Ch’ng Chong Poh was charged on 10 January 2014.
Criminal Prosecution Initiated – Persons Fined & Jailed
1. Market manipulation Wong Chee KheongBun Lit Chun Both Wong and Bun were charged, in furtherance of their common intention with one Ng Chong Yeng, for creating a misleading appearance as to the price of Suremax Group Berhad (Suremax) shares on Bursa Malaysia through 153 central depository securities accounts.They were also charged in the alternative for creating a misleading appearance as to active trading in Suremax shares through transactions that did not involve any change in beneficial ownership on Bursa Malaysia through 9 central depository securities accounts. Wong Chee Kheong and Bun Lit Chun were charged on 25 October 2005.On 7 January 2011, Wong Chee Kheong and Bun Lit Chun were convicted by the Sessions Court on the Alternative Charge.On 12 January 2011, Wong Chee Kheong was sentenced to 24 months imprisonment and a fine of RM3 million (in default 6 months imprisonment). Bun Lit Chun was sentenced to 3 months imprisonment and a fine of RM2 million (in default 6 months imprisonment).On 18 March 2014, the Kuala Lumpur High Court affirmed the conviction and dismissed the appeal by both Wong and Bun.On 27 March 2014, Bun’s appeal to the High Court against sentence was allowed in part where the sentence of imprisonment was reduced  from 3 months to 1 day. The fine of RM2 million imposed by the Sessions Court was affirmed.On 9 April 2014, the High Court dismissed Wong’s appeal against sentence and affirmed the sentence of 24 months imprisonment and a fine of RM3 million (in default 6 months imprisonment) imposed by the Sessions Court .Both Wong and Bun have filed notices of appeal to the Court of Appeal. The Prosecution has filed a cross appeal against the reduced sentence of Bun.
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