THE Federal Court has decisively ruled against fugitive Wong Shee Kai, commonly known as Ricky Wong, in his endeavour to remotely engage in the Securities Commission Malaysia’s (SC) civil action against him and two others.
The founder of Asia Media Group Bhd now rebranded as MMM Group Bhd encountered a unanimous dismissal of his application by the Federal Court seeking leave to appeal the Court of Appeal’s decision. This decision pertained to his plea to attend and participate in court proceedings through remote control technology (RCT).
Prior to this, the Court of Appeal had already upheld the High Court’s ruling, which had disallowed Wong’s attendance and participation in the SC civil action via RCT.
Moreover, SC initiated civil action against Wong, Teh Sew Wan and Wong SK Holdings Sdn Bhd on May 5, 2020, for alleged breaches of sections 179(a) and/or 179(b) of the Capital Markets and Services Act 2007 (CMSA). These allegations revolve around their purported involvement in various schemes aimed at defrauding Bright Packaging Industry Bhd in connection with the sale of securities via its rights issue, private placement, and employee share option scheme exercises.
During ongoing trial proceedings on July 4, 2022, Wong filed an application in the High Court pursuant to Order 33A of the Rules of Court 2012. His application primarily sought the following orders:
1. Conducting the trial and hearing of any interlocutory proceedings of the civil action via RCT.
2. Permission for Wong to attend the proceedings of the civil action via RCT.
3. Approval for Wong to give evidence in the civil action via RCT, should he decide to testify.
However, on Nov 23, 2022, the High Court dismissed Wong’s RCT application, citing his failure to meet the threshold of Order 33A, particularly regarding the disclosure of his precise location. The High Court deemed that allowing Wong, a fugitive, to attend and participate in the proceedings via RCT would tarnish the administration of justice.
Furthermore, the Federal Court’s rejection of Wong’s application for leave to appeal further underscores the legal stance against him. Wong has been directed to bear the costs of RM20,000 to SC. – May 8, 2024
