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Tuesday, June 14, 2016

SC控依萨 內线交易立港股票

Datuk Ishak Ismail. Pix by GHAZALI KORI
2016年06月13日
SC控依萨 內线交易立港股票

(吉隆坡13日讯)大马证券监督委员会(SC)宣布,就立港工业(Kenmark)的违规交易起诉拿督依萨伊斯迈。

根据文告指出,肯德基控股有限公司(KFC)前执行副主席拿督依萨伊斯迈被大马证券委员会控上法庭,主要涉嫌內线交易和误导投资者,因而触犯2007年资本市场和服务条例第177(b)项的条文。

大马证券监督委员会表示,依萨伊斯迈在买下立港工业5769万1900股,並崛起成为大股东后,于2010年6月5日刊登在《星报》的言论涉嫌犯误导投资者。

另外,依萨伊斯也面临涉及2项內线操作股权交易,分別是在2010年6月9日和11日,脱售立港工业达5869万1900股股票。

source: http://www.orientaldaily.com.my/business/cjsc2





SC charges Ishak Ismail for making misleading statement, insider trading of Kenmark shares

KUALA LUMPUR (June 13): The Securities Commission Malaysia (SC) has charged Datuk Ishak Ismail, former largest shareholder in Kenmark Industrial Co (M) Bhd, with three charges for making a misleading statement and insider trading of 58.69 million shares in the company in June 2010.

Ishak has claimed trial for the three charges.

All three charges, upon conviction, carry a minimum fine of RM1 million and an imprisonment of not more than 10 years.

The Sessions Court Judge Mat Ghani Abdullah fixed bail at RM600,000 with one surety, and Ishak was not required to surrender his passport.

The court also set July 15 for case management.

Ishak was charged for making a misleading statement in a material particular between June 4 and 5, 2010, which was published in The Star on June 5.

The news report had quoted him on the reason he bought shares in Kenmark, in which he said, "It is a good company. I checked and there is nothing wrong with the company. There is a misunderstanding."

According to the charge sheet, the said statement was likely to induce the purchase of Kenmark shares by other people, when he ought reasonably to have known that the said statement was misleading in a material particular.

Hence, Ishak was charged for committing an offence under Section 177(b) of the Capital Market and Services Act (CMSA), punishable under Section 182 of the same Act.

Ishak also faced two insider trading charges for the disposal of 27.69 million shares held by Unioncity Enterprices Ltd on June 9 and the disposal of 31 million shares held by BHLB Trustee Bhd for a discretionary trust for the family of Ishak on June 11 while in possession of information that was not generally available, a reasonable person would expect it to have a material effect on the price or value of the said share.

Such information being that two of its clients had gone bankrupt and EON Bank Bhd did not agree to uplift the receivership of Kenmark as at June 8, 2010.

Ishak was charged for committing an offence under Section 188(2)(a) of CMSA, punishable under Section 188(4) of the same Act.

Ishak is currently involved in oil palm in Indonesia, hotels in South Africa and Cambodia, and the aviation business. He is one of the directors in Amrul Nizar Anuar Resources Sdn Bhd, which solely owns Raya Airways.

Ishak's counsel Datuk Tan Hock Chuan has submitted during the bail hearing that Ishak's businesses required him to travel overseas and sought not to surrender his passport, and the court can set a higher bail sum in place of the need for the accused to surrender his passport.

The court agreed and set the bail at RM600,000 with one surety.

The prosecution team was led by SC deputy public prosecutor Roz Mawar Rozain.

Ishak was a prominent corporate figure in the 1990s. He was involved with the fight for KFC Holdings (M) Bhd and controlled the fast food operator and Idris Hydraulics (M) Bhd, among others.

Ishak and his family emerged as the largest shareholder of Kenmark on June 10, 2010 after they acquired 32.26% shares in the company.

He bought the shares on June 1 and 2, 2010 after investors dumped the group's share following the disappearance of its managing director and largest shareholder James Hwang.

The acquisition gave a paper gain of RM10 million to Ishak after he sold the shares. However, the SC has filed an injunction to prevent him from utilising the gains he received from the sale, as it suspected there is breach of securities law. The case is ongoing.

Kenmark, which was manufacturing computer workstation, has ceased operation and fell into Practice Note 17 status.

source: http://www.theedgemarkets.com/my/article/sc-charges-ishak-ismail-making-misleading-statement-insider-trading-kenmark-shares

2 comments:

  1. 整個月了,有沒有後續新聞?

    ReplyDelete
    Replies
    1. 诉讼很耗时,快则一两年,久则10年吧

      Delete