HIGH COURT MALAYA KUALA LUMPUR
PP – Appellant
Versus
WONG SK HOLDINGS SDN BHD – Respondent
| Table of Content |
|---|
| 1. forfeiture of shares based on alleged misappropriation (Para 1 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments on the applicability of s 179 cmsa (Para 2 , 14 , 15 , 17 , 19) |
| 3. court's dismissal grounded on legal insufficiency (Para 4 , 22 , 29 , 30) |
| 4. requirement of proof for fraud allegations (Para 31 , 35 , 41 , 42 , 46) |
| 5. challenges in tracing co-mingled funds (Para 64 , 65 , 68) |
| 6. admissibility of affidavits in proceedings (Para 69 , 73 , 80) |
Introduction
[1] This application pertains to the forfeiture of property under s 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("AMLATFPUAA"). The applicant sought an order for theforfeiture of 5,792,000 units of shares in Bright Packaging Industry Berhad ("BPI"). These shares were held in the equity account of the 1st respondent at RHB Investment Bank Berhad and were referred to as the "Seized Shares". The basis of the application rested on the allegation that the respondents had committed an offence under s 179 of the Capital Markets and Services Act 2007 ("CMSA").
[2] The applicant contended that the respondents had engaged in manipulative and deceptive
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