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1967 MarsdenLR 307

ISMAIL KHAN
PUBLIC PROSECUTOR – Appellant
Versus
LAI PONG YUEN – Respondent


Advocates:
For the appellant - Abdul Razak bin Dato Abu Samah (DPP); S. Seenivasagam & Sons For the first respondent - DR Seenivasagam; Joseph & Son For the second respondent - Joseph Jr; WH Tan & George For the third respondent - VG George

JUDGMENT

Ismail Khan J:

The respondents were jointly tried by the sessions Court, Seremban, on the following charges.

The first respondent was charged that as President of the Town Council, Seremban, a public body, he accepted gratification in the sum of $2,500 as inducement "for preventing the performance of an official act, namely, the summary demolition of two temporary buildings at 348, Jalan Hose, Seremban," an offence punishable under s. 9(ii) of the Prevention of Corruption Act 1961. He was also charged in the alternative with bribery under s. 161 and s. 165 of the Penal Code.

The second respondent was charged that he as deputy president of the Town Council, Seremban, a public body, accepted gratification in the sum of $200 as inducement "for preventing the performance of an official act, namely, the summary demolition of two unauthorised buildings at 348, Jalan Hose, Seremban", an offence punishable under s. 9(ii) of the Prevention of Corruption Act. There were two charges in the alternative against him for bribery under s. 161 and s. 165 of the Penal Code.

The third respondent was charged with offering to the President of the Town Council Seremban, a public body, gratif

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