8 Apr 2025
XXXX XXXX AMICUS CURIE Jabatan Peguam Negara
- Citation
- 01(f)-17-05/2024(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 01(f)-17-05/2024(W) (Mahkamah Persekutuan)
The Federal Court held that civil proceedings under s.90/s.90A of the SIA are remedial and distinct from criminal prosecutions; Article 145(3) of the Federal Constitution governs criminal 'proceedings for an offence' and does not require the Attorney General's consent for civil enforcement by the Securities Commission. On the merits the courts below were correct that the appellant possessed non‑generally available, price‑sensitive information, knew or ought to have known it was not generally available, and that the information was material; the High Court's disgorgement and ancillary orders w…