Charges under the Capital Markets and Services Act are valid even when multiple counts arise from a single offense involving possession of non-public information.

[1] On 5 February 2015, the First Applicant (Ang Pok Hong), was charged in the Kuala Lumpur Session Court with 4 charges of Insider Trading offences under s 188(2)(a) Capital Market and Services Act 2007(CMSA) and Second Applicant (Wendy Wong Soon Soon) was charged with 3 charges for abetting the First Applicant in committing the alleged offences above under s 370(c) read together with s 188(2)(a) CMSA.

[2] Both the First and Second Applicant claimed trial in respect of the charges proferred against them. The charges against them are as follows:

Charges against First Applicant (Ang Pok Hong)

(i) That you on 22 September 2008 at Bursa Malaysia Securities Berhad (Company No 635998-W), Exchange Square, Bukit Kewangan 50200 Kuala Lumpur in the Federal Territory, acquired 50,000 unit of TH Group Berhad (Company No 183467X) shares (the said shares) through your Central Depository System account number 087-001027550524 while in possession of information that was not generally available which on becoming generally available a reasonable person would expect it to have a material effect on the price or the value of the said shares, such information being the proposed privatization of TH Group Berhad via a Selective Capital Repayment exercise and you ought reasonably to have known such information was not generally available and you have thereby committed an offence under s 188(2)(a) of the Capital Markets & Services Act 2007 (Act 671) and punishable under s 188(4) of the same Act.

Punishment: shall be punished, on conviction, to imprisonment for a term not exceeding ten years and to a fine of not less than one million ringgit.

(ii) That you on 23 September 2008 at Bursa Malaysia Securities Berhad (Company No 635998-W), Exchange Square, Bukit Kewangan 50200 Kuala Lumpur in the Federal Territory, acquired 100,000 unit of TH Group Berhad (Company No 183467X) shares (the said shares) through Wendy Wong Soon Soon's (NRIC No 750427-12-5308) Central Depository System account bearing number 087001-048257885 while in possession of information that was not generally available which on becoming generally available a reasonable person would expect it to have a material effect on the price or the value of the said shares, such information being the proposed privatization of TH Group Berhad via a Selective Capital Repayment exercise and you ought reasonably to have known such information was not generally available and you have thereby committed an offence under s 188(2)(a) of the Capital Markets & Services Act 2007 (Act 671) and punishable under s 188(4) of the same Act.

Punishment: shall be punished, on conviction, to imprisonment for a term not exceeding ten years and to a fine of not less than one million ringgit.

(iii) That you on 24 September 2008 at Bursa Malaysia Securities Berhad (Company No 635998-W), Exchange Square, Bukit Kewangan 50200 Kuala Lumpur in the Federal Territory, acquired 38,000 unit of TH Group Berhad (Company No 183467X) shares (the said shares) through Wendy Wong Soon Soon's (NRIC No 750427-12-5308) Central Depository System account bearing number 087001-048257885 while in possession of information that was not generally available which on becoming generally available a reasonable person would expect it to have a material effect on the price or the value of the said shares, such information being the proposed privatization of TH Group Berhad via a Selective Capital Repayment exercise and you ought reasonably to have known such information was not generally available and you have thereby committed an