PETALING JAYA: The Federal Court has unanimously dismissed an application by Ricky Wong Shee Kai who is currently still at-large, for leave to appeal against the Court of Appeal’s decision with respect to his application to attend and participate in court proceedings via remote control technology (RCT).
In a statement, the Securities Commission Malaysia (SC) said the Court of Appeal had previously dismissed his appeal against the High Court’s decision, which had disallowed his attendance and participation in the proceedings of the SC’s civil action against him via RCT.
“The SC had on May 5, 2020 initiated a civil action against Wong, Teh Sew Wan and Wong SK Holdings Sdn Bhd for breaching sections 179(a) and/ or 179(b) of the Capital Markets and Services Act 2007 (CMSA) in respect of their involvement in several schemes to defraud Bright Packaging Industry Bhd
, in connection with the sale of securities via its rights issue, private placement and employees' share option scheme exercises.”
On July 4, 2022, whilst trial proceedings were ongoing, the SC said Wong had filed an application in the High Court pursuant to Order 33A of the Rules of Court 2012 (Order 33A).
According to the SC, the application pertained to several orders, mainly that the trial and hearing of any interlocutory proceedings of the civil action are to be conducted via RCT; that Wong be allowed to attend the proceedings of the civil action via RCT; and that he be allowed to give evidence in the civil action via RCT, should he decide to testify.
“On Nov 23, 2022, the High Court dismissed Wong’s RCT application as he did not satisfy the threshold of Order 33A, in that he did not disclose his precise location.
“Further, the High Court also held that the administration of justice would be brought into disrepute if Wong were allowed to attend and participate in the proceedings via RCT as he is currently a fugitive.”
In dismissing Wong’s application for leave to appeal, the Federal Court also ordered him to pay costs of RM20,000 to the SC.
