BURSA MALAYSIA SECURITIES REPRIMANDS, FINES AND SUSPENDS LEE KAKE CHUAN FOR ENGAGING IN UNLAWFUL TRADING PRACTICES
马来西亚巴尔萨证券Berhad (Bursa Malaysia Securities) has publicly reprimanded, imposed a fine of RM50,000 and suspended Lee Kake Chuan (LEE) for six months, from trading on or through the stock market of Bursa Malaysia Securities as a Dealer’s Representative (DR), for engaging in intraday shortselling activities in a client’s account. LEE is also required to undergo training on the conduct or professionalism of DRs and market offences.
李(Lee)正处于违反其主要办公室的违反水星证券DR的委托Dr,违反和/或触发了规则401.1(1)(f),404.3(1)(a)和1302.1和/或触发规则的规定。(1)(g)马来西亚囊库证券的预先预防规则。
马来西亚的Bursa Securities认为不当行为会损害市场完整性和认真保护客户利益的不当行为,并且不会容忍任何非法交易惯例。包括DR在内的注册人员必须严格遵守Bursa证券规则,包括以诚信来维持市场信心和维护客户的利益。将对从事此类不当行为的任何人采取适当的诉讼,包括暂停或从登记册中罢免注册人,或施加与违规严重性相称的罚款。
BACKGROUND
The finding of the breach and the imposition of the sanctions on LEE were made pursuant to Rule 15.02 of the Rules of Bursa Malaysia Securities upon completion of due process and after taking into consideration all facts and circumstances, including that:-
- LEE had undertaken the sales of securities for his client in numerous instances involving several counters when the client’s account did not have the requisite tradeable balance of the securities for the sales transactions (intraday shortselling activities).
- Arising from these intraday shortselling activities, there were gains made in his client’s account.
- 付款片中销售活动涉及众多短空间,各种柜台和大量数月的大量实例,表明Lee未能: -
- exercise due care and diligence in executing his client’s orders to ensure that shortselling did not occur; and
- 审查和/或监视和检测客户帐户中的盘中短销售活动。
- As a DR, LEE must, amongst others:
- refrain from engaging in unlawful practices which involved intraday shortselling activities;
- observe professional standards of integrity and fair dealing; and
- carry out his duties efficiently and exercise proper skill, care and diligence so as to ensure that he did not enter sell orders for the shares that were not available in his client’s account.
附录
Rules 401.1(1)(f), 404.3(1)(a) and 1302.1(1)(g) of the Pre-Revamped Rules of Bursa Malaysia Securities (the Rules) state, amongst others, that:-
- no DR shall, in the conduct of his business for the sale, disposal, purchase, acquisition or exchange of securities engage himself in, or be a party to, any unlawful practices;
- 每位博士都应始终遵守正直和公平交易的专业标准;和
- 在任何情况下,任何直接或间接都无法有效,诚实或公平地履行其职责的参与者均应承担责任,并按照与该规则有关的规定处理。