SHAH ALAM: The High Court here on Wednesday (July 29) upheld the prison sentence against a businessman who was found guilty of three charges involving threats, causing hurt, and insulting two of his bodyguards in 2021.
Judge Shamsulbahri Ibrahim ordered that the five-year prison sentence against Chung Chee Yang, 48, commence Wednesday, after dismissing the appeal against conviction and sentence on 14 grounds of appeal.
In his judgment, he found that the offences committed by the man were very serious, and that the court ought to impose a proportionate sentence as a deterrent to society.
"The act of abusing and mistreating one's own employees, who come to earn a living for their survival, must be eradicated so that no such incidents occur in the future.
"The act of insulting the God of another religion is a contemptible act, and should not be uttered by someone who is said to have contributed much to a multiracial society," he said.
Accordingly, Judge Shamsulbahri emphasised that the sentence imposed by the magistrate was within the limits permitted by law and was entirely proportionate to the seriousness of the offences committed.
"There is no reasonable ground for me to interfere with the sentence imposed by the Magistrates' Court. In conclusion, I dismiss the appeal against conviction and sentence. However, I order that the previously imposed separate prison sentences run concurrently, effective from today," he said.
The proceedings were conducted by Deputy Public Prosecutor Tengku Najiha Tengku Zahari, while Chung was represented by counsel Tan Sri Muhammad Shafee Abdullah.
During the proceedings, Muhammad Shafee also applied for the court to consider a stay of execution of the sentence, which was subsequently objected to by Tengku Najiha. The court dismissed the application.
In March 2025, a Klang Magistrates' Court sentenced Chung to six years and ten months' imprisonment and a fine of RM22,000, after the defence failed to raise a reasonable doubt at the close of the defence case on all amended charges.
The court also ordered the accused to serve an additional 21 months' imprisonment if he defaulted on the fine.
Under the first charge, Chung was accused of threatening his bodyguard, Mohd Azminizam Zulkepli, 49, by pointing a pistol at him, an offence under Section 506 of the Penal Code, which provides for imprisonment of up to seven years, or a fine, or both, upon conviction.
For the second charge, he was accused of intentionally uttering words with the deliberate intent to wound religious feelings, by making references to the word "Allah" and the act of fasting, which were heard by Mohd Azminizam and Ahmad Shamsuri Zailani, 32.
The charge was brought under Section 298 of the Penal Code, which carries a penalty of imprisonment of up to one year, or a fine, or both, upon conviction.
For the third charge, Chung was charged with voluntarily causing hurt to Mohd Azminizam, under Section 323 of the Penal Code, which carries a penalty of imprisonment of up to one year, or a maximum fine of RM2,000, or both, upon conviction.
All the offences were committed outside a house in Bandar Bukit Tinggi, Klang, between 9.30pm and 10.30pm on April 13, 2021. - Bernama
