accounting theory
IN THE SESSIONS COURT OF KUALA LUMPUR
CASE NO. 62A-160-2007, 62A-159-2007,
62A-208-2007 & 62A-209-2007
PUBLIC PROSECUTOR
V
1.
TAN SIOK WAN
2.
LEE SIN TECK
3.
LIM KIM MING
4.
LIM KIM HAI
WRITTEN SUBMISSIONS OF THE PROSECUTION
AT THE END OF PROSECUTION CASE
May it please Your Honour,
The Prosecution submits that it has respectively proven its case beyond reasonable doubt on the following charges and therefore prays that the defence be called on all the charges preferred against the four accused persons.
1
THE CHARGES
PRINCIPAL CHARGES – DEEMING PROVISION (OKT1, OKT2, OKT3 and
OKT4 deemed to have committed the offence committed by GP Ocean)
SUBMITTED MISLEADING INFORMATION
DIRECTORS
DEEMED TO HAVE
COMMITTED
OFFENCE
Offence committed under section 32B(1)(a)(aa) of the Securities Commission Act read together with section 138 of the same Act
ALTERNATIVE CHARGES – OKT1, OKT2 AND OKT3 CAUSED TO BE
SUBMITTED
CAUSED TO BE SUBMITTED
MISLEADING INFORMATION
Offence committed under section 32B(1)(a)(aa) of the Securities Commission Act
2
OKT1 – Tan Siok Wan
The 2 charges preferred against the first accused (OKT1) are as follows:
Principal charge: section 32B(1)(a)(aa) read together with section 138(2) of the
Securities Commission Act 1993
That GP Ocean Food Berhad (Company No.: 651487-W), between 13 February 2006 and 22
May 2006, at Securities Commission at No. 3, Persiaran Bukit Kiara, Bukit Kiara, 50490 Kuala
Lumpur, in the Federal Territory of Kuala Lumpur, has committed an offence under section
32B(1)(a)(aa) of the Securities Commission Act (Act 498) when it submitted through Alliance
Merchant Bank Berhad (Company No.: 21605-D), misleading information to the Securities
Commission contained in the list titled ‘GP Ocean Food Berhad Group Top Ten Customer’ and the misleading information is underlined in red in the appendix to this charge, which information was required to be submitted to
CASE NO. 62A-160-2007, 62A-159-2007,
62A-208-2007 & 62A-209-2007
PUBLIC PROSECUTOR
V
1.
TAN SIOK WAN
2.
LEE SIN TECK
3.
LIM KIM MING
4.
LIM KIM HAI
WRITTEN SUBMISSIONS OF THE PROSECUTION
AT THE END OF PROSECUTION CASE
May it please Your Honour,
The Prosecution submits that it has respectively proven its case beyond reasonable doubt on the following charges and therefore prays that the defence be called on all the charges preferred against the four accused persons.
1
THE CHARGES
PRINCIPAL CHARGES – DEEMING PROVISION (OKT1, OKT2, OKT3 and
OKT4 deemed to have committed the offence committed by GP Ocean)
SUBMITTED MISLEADING INFORMATION
DIRECTORS
DEEMED TO HAVE
COMMITTED
OFFENCE
Offence committed under section 32B(1)(a)(aa) of the Securities Commission Act read together with section 138 of the same Act
ALTERNATIVE CHARGES – OKT1, OKT2 AND OKT3 CAUSED TO BE
SUBMITTED
CAUSED TO BE SUBMITTED
MISLEADING INFORMATION
Offence committed under section 32B(1)(a)(aa) of the Securities Commission Act
2
OKT1 – Tan Siok Wan
The 2 charges preferred against the first accused (OKT1) are as follows:
Principal charge: section 32B(1)(a)(aa) read together with section 138(2) of the
Securities Commission Act 1993
That GP Ocean Food Berhad (Company No.: 651487-W), between 13 February 2006 and 22
May 2006, at Securities Commission at No. 3, Persiaran Bukit Kiara, Bukit Kiara, 50490 Kuala
Lumpur, in the Federal Territory of Kuala Lumpur, has committed an offence under section
32B(1)(a)(aa) of the Securities Commission Act (Act 498) when it submitted through Alliance
Merchant Bank Berhad (Company No.: 21605-D), misleading information to the Securities
Commission contained in the list titled ‘GP Ocean Food Berhad Group Top Ten Customer’ and the misleading information is underlined in red in the appendix to this charge, which information was required to be submitted to