Court quashes businessman’s bid to question money laundering provisions

 

Businessman Wong Shee Kai, who is believed to have absconded, had filed a petition to challenge Sections 63 and 64 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.

PUTRAJAYA: The Federal Court has struck out a challenge filed by a businessman at large questioning the validity of two provisions under the money laundering law.

Chief Justice Tengku Maimun Tuan Mat held that Wong Shee Kai’s petition did not satisfy the legal requirements for the apex court to hear it.

“The subject matter of the constitutional challenge in this case can and must be raised at the High Court. As such, (it) is beyond the exclusive original jurisdiction of this court,” Tengku Maimun said.

“Therefore, it is our view that the leave to file the petition under Article 4(4) of the Federal Constitution ought not to have been granted. Allowing this petition to proceed any further would be an abuse of the process of this court.”

-ADVERTISEMENT-

Ads by 

The other judges sitting with Tengku Maimun were Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and Justices Vernon Ong, Rhodzariah Bujang and Zabidin Mohamad Diah.

Earlier this year, the Federal Court had granted leave for Wong to commence proceedings through a petition to challenge Sections 63 and 64 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.

Both sections deal with individuals who have absconded and cannot be found. In such an event, the court can make an order for the authorities to forfeit their properties.

The government had in May 2020 filed a bid in the High Court to forfeit 5,792,000 shares in Bright Packaging Industries Bhd, a company controlled by Wong.

It claimed that the shares were acquired using proceeds from unlawful activities.

The government wanted to treat Wong as an absconded person and urged the court to grant the forfeiture.

The Securities Commission (SC) has sought the public’s assistance to look for Wong after stating that he had furnished a false statement to Bursa Malaysia in relation to the RM11.13 million revenue of his other company, Asia Media Group Bhd.

It obtained an arrest warrant for Wong on Sept 21 last year for the alleged offences under the Capital Markets and Services Act.

Wong was represented by lawyers Nahendran Navaratnam and Ivanpal Singh Grewal, while senior federal counsel Suzana Atan and M Kogilambigai appeared for the government. - FMT