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2020 MarsdenLR 2182

HIGH COURT MALAYA IPOH
TAN HOO ENG – Appellant
Versus
TIMBALAN PENDAKWA RAYA & ORS – Respondent


Petitioner Advocates:Amir Faliq Mohamad Jamil ,Respondent Advocate: Hezlin Haldi

JUDGMENT

Mohd Radzi Harun JC:

Introduction

[1] This appeal before Your Lordships is against the order of this Court disallowing the application by the Applicant for this Court to declare that-

1.1 the Freezing Orders dated 30 April 2014 and 15 May 2014 issued against the Applicant under s 44(1) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 ("AMLATFA") (now known as and Proceeds of Unlawful Activities Act 2001, shall have no effect and shall be revoked;

1.2 the Seizure Order dated 24 July 2014 issued under s 50(1) of AMLATFA against the Applicant shall have no effect and shall be revoked; and

1.3 consequent to the issuance of the declarations sought as in paras 1.1 and 1.2, all accounts of the Applicant in CIMB and such other assets and properties of the Applicant listed in the Seizure Order dated 24 July 2014 shall be released immediately to the Applicant.

[2] I shall set out below the grounds that led to my decision.

Background

[3] The Applicant and one Lim Keck Eng owns 50% shareholding respectively in Syarikat Blue Star Moulding Sdn Bhd ("BSM"). Operational and Management issues pertaining to BSM are handled by the Appellant. Lim Keck Eng also owns 50% shareholding


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