Page 192 - SC Annual Report 2018 (ENG)
P. 192

Securities
                   Commission
                    Malaysia
                  ANNUAL
                   REPORT
                   2018





                        An integral part of the investigation process is the   to record statements from witnesses located
                        gathering of documentary and oral evidence. The   overseas and to obtain documents, such as banking
                        SC’s Investigating Officers are given investigation   and securities transactions documents from foreign
                        powers under the Securities Commission Malaysia
                        Act 1993 (SCA) to facilitate the gathering of such
                        evidence.
                                                                        Table 1

                        In 2018, witness statements from a total of 381   Foreign assistance sought by the sc in 2018 by
                                                                        jurisdiction
                        individuals were recorded by the SC’s Investigating
                        Officers (Chart 3). Nearly half of these statements   Jurisdictions          No. of requests
                        were recorded from professionals (which included   BVI                              2
                        auditors, bankers, lawyers and company secretaries),
                        directors and senior management of PLCs as well as   China                          3
                        securities accountholders.                       Hong Kong                          6

                                                                         India                              1
                        In addition to gathering documentary and oral
                        evidence locally, the SC sought assistance from   Korea                             1
                        foreign supervisory authorities under the IOSCO   Singapore                        11
                        Multilateral Memorandum of Understanding on      Switzerland                        1
                        Consultation and Co-operation and Exchange
                        of Information to gather foreign evidence. The   United States                      1
                        SC made 26 requests to 8 foreign supervisory     ToTAL                             26
                        authorities (see Table 1), mostly to seek assistance




                        Chart 3
                        Witness statements recorded in 2018 by type of witness


                                             Professionals                                     60

                                           PLC’s employees                  32

                                     PLC’s customers/suppliers  11

                               PLC directors / senior management                                      71
                                 Directors of private companies                  39


                              Investors/Securities account holders                             60

                                          Licensed persons                        40
                                Government/Regulatory agencies                35
                                        and service providers

                                                 Others                      33

                                                      0     10     20     30    40     50     60     70    80




                   182  |  PART 5 »» STATEMENTS, STATiSTiCS ANd ACTiviTiES





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