SC charges Chin Chan Leong and Hiew Yoke Lan for manipulating Fountain View shares

Kuala Lumpur, 27 June 2005

The Securities Commission (SC), having obtained consent from the Attorney General's Chambers, today charged Chin Chan Leong and Hiew Yoke Lan (Joanne Hiew) in the Kuala Lumpur Sessions Court 1, the dedicated court for capital market offences, for manipulating Fountain View Development Berhad (Fountain View) shares.

Chin Chan Leong was charged for -

  • creating a misleading appearance of active trading in the shares of Fountain View between 18 November 2003 and 20 January 2004, an offence under section 84(1) of the Securities Industry Act 1983 (SIA); and
  • causing to be created a misleading appearance with respect to the price of Fountain View shares between 18 November 2003 and 20 January 2004 , an offence under section 84(1) SIA.

Both offences are punishable under section 88B SIA and are liable upon conviction to a fine of not less than RM1 million and to imprisonment for a term not exceeding 10 years.

Joanne Hiew, who was a remisier at Avenue Securities Sdn Bhd at the material time, was charged for abetting Chin Chan Leong in respect of both the offences.

Deputy Public Prosecutors Abang Iskandar Abang Hashim, Foo Lee Mei and Vicky Wong Wai Khuen appeared for the prosecution.

The application by counsel for Chin Chan Leong to be released on bail was opposed on grounds that there is evidence to show that he had approached and coached witnesses during the SC's investigation.

The Court granted Chin Chan Leong bail at RM1 million with one surety, and with the following conditions:

  1. all travel documents be surrendered to court; and
  2. bail would be revoked by the Court if there is evidence that Chin Chan Leong continues to approach prosecution witnesses.

With respect to Joanne Hiew, the Court granted bail of RM200,000 with one surety and with the following conditions:

  1. all travel documents be surrendered to court; and
  2. Joanne Hiew is to state and furnish to the Court her permanent address of residence where she is to be located.

Oversight by the SC of the capital market involves a continuous process of supervision, surveillance and enforcement, and when there is sufficient evidence from investigations, relevant action will be taken.

The SC also reminds all market participants that they have a fundamental role in upholding the integrity of the market, and the SC expects all market intermediaries to ensure appropriate internal controls, due diligence and risk management.

SECURITIES COMMISSION MALAYSIA

Note to the Editor

  1. Sections 84(1), 87B and 88B of the Securities Industry Act, 1983 (Act 280) (as amended) is as follows:

84. False trading and market rigging transaction.

(1) Subject to section 87B, no person shall create, or cause to be created, or do anything that is calculated to create, a false or misleading appearance of active trading in any securities on a stock market in Malaysia or a false or misleading appearance with respect to the market for, or the price of, any such securities.

87B. Person or transaction to whom or which sections 84, 85, 86, 87 and 87A do not apply.

The Minister may prescribe, and make regulations in respect of, persons, or transactions relating to securities, or any particular class, category or description of persons, or any particular class, category or description of transactions relating to securities, to whom or which section 84, 85, 86, 87 or 87A does not apply.

88B. Penalty for offence under Division 1.

A person who contravenes or fails to comply with section 84, 85, 86, 87A or 88 commits an offence and is liable on conviction to a fine of not less than one million ringgit and to imprisonment for a term not exceeding ten years.

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