PENDAKWARAYA JABATAN KASTAM DIRAJA MALAYSIA 1. ) NET RAY TECHNOLOGY SDN BHD 2. ) CHOOK WAI MUN 3. ) TEE CHOON MING

PENDAKWARAYA JABATAN KASTAM DIRAJA MALAYSIA 1. ) NET RAY TECHNOLOGY SDN BHD 2. ) CHOOK WAI MUN 3. ) TEE CHOON MING

Court accepted STRIDE expert evidence that the tested ICs met the P.U.(A)60 criteria for strategic goods (STA code 3A001.a.2.c); documentary and witness evidence established Net Ray organised the shipment and no permit existed per MITI; absence of vehicle seizure or additional testing did not create reasonable doubt; directors are liable under s.49 and shared common intention under s.34. Prima facie and beyond-reasonable-doubt threshold satisfied; defendants convicted.

Citation
BK- 62-9-02/2017, BK-62-10-02/2017 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Defendant Company: Net Ray Technology Sdn Bhd; Defendant Director: Chook Wai Mun; Defendant Director: Tee Choon Ming
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
7 October 2021
Case Number
BK- 62-9-02/2017, BK-62-10-02/2017 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment (trial Concluded)
Outcome
All defendants found guilty and convicted
Legal Topics
Strategic Trade Act 2010, Export Without Permit (s.9 APS 2010), Prima Facie Standard (s.180 Cpc), Corporate Liability (s.49 APS 2010), Common Intention (s.34 Penal Code), Expert Evidence (s.45 Evidence Act)
Source Language
Malay/English
Criminal Law Trade Regulation/export Control Evidence Law Corporate Liability Strategic Trade Act 2010 Export Without Permit (s.9 APS 2010) Prima Facie Standard (s.180 Cpc) Corporate Liability (s.49 APS 2010) +2 more

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Parties

Pendakwa Raya

Prosecutor

Net Ray Technology Sdn Bhd

Defendant Company

Chook Wai Mun

Defendant Director

Tee Choon Ming

Defendant Director

Procedural Posture

Criminal / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the seized Integrated Circuit (IC) are strategic goods under APS 2010
  2. 2 Whether Net Ray Technology Sdn Bhd transhipped/exported the IC
  3. 3 Whether any permit under APS 2010 existed for the transfer

Ratio Decidendi

Court accepted STRIDE expert evidence that the tested ICs met the P.U.(A)60 criteria for strategic goods (STA code 3A001.a.2.c); documentary and witness evidence established Net Ray organised the shipment and no permit existed per MITI; absence of vehicle seizure or additional testing did not create reasonable doubt; directors are liable under s.49 and shared common intention under s.34. Prima facie and beyond-reasonable-doubt threshold satisfied; defendants convicted.

Court Disposition

All defendants found guilty and convicted

Orders

  • Defendants convicted of transferring/exporting strategic goods (Integrated Circuit) without permit under Section 9(1) APS 2010 read with s.9(4)(b)(ii) and s.34 Penal Code as charged
  • Record made under section 173(m)(ii) Criminal Procedure Code noting conviction