TAN BEE GEOK

TAN BEE GEOK

The applicant's request was dismissed because she failed to provide documentary evidence substantiating the asserted need to travel or continued corporate positions abroad; in light of her conviction and financial capacity the risk of absconding could not be ruled out; judicial discretion to vary bail conditions requires cogent evidence which was not provided.

Citation
WA-44-244-10/2019 (Mahkamah Tinggi)
Parties
Applicant: Tan Bee Geok; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 October 2019
Case Number
WA-44-244-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Application for Temporary Release of Passport; Appeal Pending / High Court Application Under Sections 311, 388 and 389 Cpc; Appeal Registered as Criminal Appeal No. WA 42(sc) 5 08/2018 Pending
Outcome
Application dismissed
Legal Topics
Stay of Execution, Surrender of Passport, Bail Conditions, Insider Trading/inside Information, Judicial Discretion
Source Language
Malay/English
Criminal Law Procedural Law Capital Markets Law Bail and Pre Trial Release Stay of Execution Surrender of Passport Bail Conditions Insider Trading/inside Information +1 more

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Parties

Tan Bee Geok

Applicant

Public Prosecutor

Respondent

Procedural Posture

Criminal Application for Temporary Release of Passport; Appeal Pending / High Court Application Under Sections 311, 388 and 389 Cpc; Appeal Registered as Criminal Appeal No. WA 42(sc) 5 08/2018 Pending

Legal Issues

  1. 1 Whether the applicant's international passport should be temporarily released despite conviction and stay of execution
  2. 2 Whether the applicant is a flight risk
  3. 3 Whether the affidavit evidence sufficiently demonstrates the need for foreign travel and continued corporate positions

Ratio Decidendi

The applicant's request was dismissed because she failed to provide documentary evidence substantiating the asserted need to travel or continued corporate positions abroad; in light of her conviction and financial capacity the risk of absconding could not be ruled out; judicial discretion to vary bail conditions requires cogent evidence which was not provided.

Court Disposition

Application dismissed

Orders

  • Application for temporary release of international passport dismissed