Adrian Lee 因涉嫌抄外汇被Bank Negara 提控，罪名成立需坐牢18个月。

Ryan.fx

Ismail Brahim法官认为32岁的被告Adrian Lee Kah Cheah和他的辩护律师Ram Singh未能对起诉指出的合理疑点。昨天被告由父亲陪同出席法庭，Ismail发现被告的两项罪名都成立，判处18个月监禁，并罚款RM55，000

Adrian Lee 被控于2006/2007 年，未经Bank Negara批准，也并非合格交易员，准备向NewZealand 的Goldex Equities Limited进行外汇交易。

http://www.theborneopost.com/2012/06/05/man-jailed-fined-rm55000-for-illegal-forex-trading/

奇怪为什么这里没有人报道这个大新闻的？

Ryan.fx

马来西亚炒外汇的需要注意了，Bank Negara 随时可以提控你。

raytecmaster

回复 2# Ryan.fx


   Ryan.fx , 你是不是那个整天在面子书叫人进GVF的？ Facebook  ：FX. RyanSow

CurryFishHead

他应该没有空在这里回应你。。。。

CurryFishHead

找到一下资料，让大家参考

Ref No: 06/10/10
Embargo: Not for publication or broadcast before 1700 hours on
Friday, 25 June 2010

Foreign Electronic Brokers Allowed to Offer Electronic Broking
Platforms in the Malaysian Foreign Exchange Market
Bank Negara Malaysia wishes to announce that foreign electronic
brokers would be allowed to offer electronic broking platforms for
wholesale interbank trading in the Malaysian foreign exchange market
with effect from 1 July 2010.
This initiative is aimed towards enhancing the participation of new
players in the foreign exchange market to further increase the dynamism
and competitiveness of this market. This flexibility will promote
greater trading activities as electronic broking platform increases
transparency, improves market efficiency and lowers transaction costs
for the market participants.
Foreign electronic brokers who are interested to provide such service
in Malaysia may submit the application to Bank Negara Malaysia in
accordance with the requirements of the Banking and Financial
Institutions Act 1989.
In assessing the merits of such application, the following criteria
will be adopted:

(i)The applicant must comply with the local incorporation requirement;
(ii) The applicant must have a sound track record internationally;
(iii) The applicant must have a feasible business proposition to
contribute to the development of the foreign exchange market in
Malaysia; and
(iv) The applicant must have system capability and infrastructure to
support its business, including to address contingency and disaster
recovery procedures.
Further details or application shall be directed to:

Director
Financial Sector Development Department
Bank Negara Malaysia
Jalan Dato' Onn
50480 Kuala Lumpur
Tel: 603 - 26919885 or 603-26907593
Fax: 603 - 26913661
Email: feb@bnm.gov.my



Bank Negara Malaysia
25 June 2010

Ryan.fx

回复  Ryan.fx


   Ryan.fx , 你是不是那个整天在面子书叫人进GVF的？ Facebook  ：FX. RyanSow
raytecmaster 发表于 2012-6-10 03:16

我不是也不认识 Sow，我分享这则新闻是让人知道Bank Negara 不会放过那些犯法的人。

Ryan.fx

回复 5# CurryFishHead


你的资料只是说明Bank Negara 允许国外的交易商为本地银行之间提供交易平台。到目前为止散户用国外交易商炒外汇是非法的。

raytecmaster

回复 6# Ryan.fx


   下个就到那个垃圾黑平台的老板了。 Kenny Tan , Dato Chong and Gavin Chew

CurryFishHead

在网络上又看到一些资料，发上来，让大家参考参考。。。



(the following are selected excerpts from a reply I wrote in another private forum in reply to a similar concern)

1. Please read the Exchange Control Act along with the following BNM circular to understand the context:
BNM Statement

The circular is called ECM9 and it has a section that says: "A resident individual with domestic ringgit credit facilities is allowed to convert ringgit into foreign currency up to RM1 million per calendar year for investment in foreign currency assets."

2. When Bank Negara mentions "foreign currency" only (as opposed to foreign currency assets), they usually mean foreign currency CASH. NOT the balance in your bank account, which, if you really think about it, is JUST A NUMBER.

3. Authorized dealers of foreign currency CASH in this country are Malaysian Banks and licensed money changers.

4. The term "scheme" refers to the deposit-taking by ONSHORE (not offshore) individuals or companies that are NOT LICENSED to accept deposits. The only licensed ONSHORE deposit-takers in this country (as far as I am concerned) are Malaysian Banks and discount houses.

5. Note that BNM mentions "illegal investments". Which means that "LEGAL investments" are ok.

6. "Under the Exchange Control Act 1953 (ECA), it is an offence for a person in Malaysia to buy or sell foreign currency or do any act which involves, is in association with, or is preparatory to, buying or selling of foreign currency with any person, other than an authorised dealer. It is also an offence for a person to aid or abet another person to buy or sell foreign currency with any person, unless the person is an authorised dealer."

7. ... which means I CAN sell my ringgit asset to USD with any authorised dealer (i.e. any Malaysian bank) and invest my new USD asset as per ECM9. The first part of the last paragraph refers to buying/selling foreign currency against the RINGGIT. How I invest my new USD asset afterwards will be my own affair and I won't cry about margin calls because I should always be financially solvent every time and as long as I'm strict with my stops.

8. Some of the examples of dangers given in BNM's last press release are true, however. Some disreputable training programmes do use hard-ball tactics to entice unready and unprepared investors/traders.

9. I also get the impression that some programmes are merely "introducing brokers" for fly-by-night FX brokers.... which is why there is a need to do proper research as to which brokers are (relatively) tightly monitored by the offshore countries' monetary authorities.. which basically rules out a lot of US brokers, and many Russion ones.. ;-)

10. As for the "margin call", this so-called "modus operandi" is no different from trading KLCI futures, for example. It only becomes an issue when the trader is trading on borrowed money (which HE SHOULD NEVER EVER DO!).

11. What must have happened: a financially unready investor loses money trading on borrowed money (eg. credit card advances). If this investor is already undisciplined enough to trade on credit, I think it's reasonable to expect he lost money due to undiscplined stop-loss management or consistently wrong application of the techniques taught to him. (such people should be called "gamblers", by the way)

12. What does he do next? He goes to complain to the government. *sigh* What to do?

13. To recap: Based on MY interpretation of the rules, FX trading (on non-MYR pairs) is legal subject to conditions:

Do trade responsibly.

BE responsible for your own trading.

Do not trade for someone else i.e. with someone else's money (because that means unlicensed deposit-taking).

Do not ask someone to trade on your behalf (because that means placing a deposit in an unlicensed person or company).

Do NOT trade against the ringgit.

Do convert your ringgit asset to USD (for example) with any Authorised Dealer (i.e. Malaysian Banks) without fear. And after you receive your new USD asset, you may trade/invest (i.e. place a margin deposit) within the context of ECM9 to your heart's content.

Do NOT convert your ringgit asset to USD with unauthorised dealers (you know who they are).

Do research for (relatively) reputable offshore brokers.

NEVER EVER EVER trade on credit. Always make sure you have backup capital to help you pay day-to-day bills during the losing spells.

Ryan.fx

Bank Negara 的 FAQ 清楚地说明：

Can a *resident buy and sell foreign currency against another foreign currency for any purpose?

Yes. With this liberalisation, a resident is allowed to buy and sell foreign currency against another foreign currency for any purpose including for trading. However, such transactions shall only be undertaken with a licensed onshore bank.
* Resident means- A citizen of Malaysia, excluding a citizen who has obtained permanent resident status in country or territory outside Malaysia and is residing outside Malaysia;  A body corporate incorporated or established, or registered with or approved by any authority in Malaysia;


Can a resident buy and sell foreign currency through a resident or a non-resident intermediary?
No. Any transaction relating to buying and selling of foreign currency shall only be undertaken directly with a licensed onshore bank.


Can a resident buy or sell foreign currency against another foreign currency with a licensed onshore bank on both spot and *forward basis?
Yes. The resident may buy or sell foreign currency against another foreign currency with a licensed onshore bank on both spot and forward basis.  * Forward means the purchase or sale of foreign currency for delivery after two business days, including outright forward contracts, swaps, futures, options, financial derivatives or any other arrangement to obtain a foreign currency, whether settlement is to be made in full or on a net basis.

Ryan.fx

很明显地，任何的外汇交易，包括现金，期货，期权等等，都只能with a licensed onshore bank

http://www.bnm.gov.my/index.php?ch=en_faqs&lang=en#00_j01

Ryan.fx

在网络上又看到一些资料，发上来，让大家参考参考。。。



(the following are selected excerpts fro ...
CurryFishHead 发表于 2012-6-10 04:44

这个资料是2010年1月写的，目前Bank Negara 2012年1月最新修订的外汇管制法FAQ已经推翻该作者的诠释。

子房学韬

(*^__^*) 嘻嘻……
         不是在小新加坡呐~~~大马Dato是有一定力量的，尤其是有钱 的Dato。。。
                  这间Golden Equities Limited几乎年年都有新人经理(╯□╰)被抓~~~
                               没有三两三，就敢在大马搞非法外汇公司?!!!






回复 8# raytecmaster

子房学韬

Man jailed, fined RM55,000 for illegal forex trading

Posted on June 5, 2012, Tuesday

TWO COUNTS OF BAIL: Lee (left) leaving the courtroom after the sentencing with his counsel Ram (centre) who is talking to Lee’s father.

KOTA KINABALU: The Sessions Court here yesterday sentenced a man to a total of 18 months’ jail and RM55,000 fine for two counts of illegally buying foreign currency from a person outside Malaysia seven years ago.
In his reserved judgement, judge Ismail Brahim held that Adrian Lee Kah Cheah, 32, who was defended by counsel Ram Singh, failed to cast reasonable doubt on the prosecution’s case.
Ismail found the accused, who was accompanied by his father yesterday, guilty on both charges.
On the first count, Lee who was without the permission of the Controller and not an authorised dealer in Malaysia had carried out preparatory to buy foreign currency from Goldex Equities Limited with registered address at Level 2, Windsor Court, 128-136, Parnell Road, Auckland in New Zealand.
He was jailed for six months and fined RM5,000 fine, in default, six months’ imprisonment for committing the offence at Suite 6-08B, sixth floor of the MAA tower at Lorong Api-Api here between June 2006 and Dec 31, 2006.
He was convicted under Section 4(2) of the Exchange Control Act 1953 (Act 17) punishable under Fifth Schedule, Part II, paragraph 7(2) of the same Act, which carries a maximum fine of RM10,000 or a jail term of up to three years or both, upon conviction.
On the second charge, he was handed down another one year’s jail plus RM50,000 fine, in default, six months’ jail for committing a similar offence at the same place between Jan 1 – Feb 28, 2007. The offence was framed under Section 4(2) of the Exchange Control Act 1953 (Act 17) punishable under Fifth Schedule, Part II, paragraph 7(2A) of the same Act, which provides for a fine of not exceeding RM1 million or a maximum jail of five years or both, upon conviction.
However, Ismail, who ordered both the jail sentences to run consecutively, also allowed a stay of Lee’s execution pending an appeal at the High Court.
The court maintained his existing bail of RM50,000 bail with RM5,000 deposited with one local surety for both the charges, pending disposal of the case.
In pleading for a light sentence, the counsel urged the court not to impose a heavier sentence on Lee as the accused was only a victim of circumstances.
Ram said that Lee’s father, who is coming to 69 years old next month, suggested to the court not to impose a deterrent sentence on his son and also suggested a low amount of fine to be imposed on Lee.
Ram submitted that Lee did not earn from a Forex Trading except his salary for working less than nine months in the employ of a company.
In reply, the prosecution applied for a deterrent sentence to be handed down on the accused to deter others from repeating a similar offence and to send a message to the public that this offence was a serious one.
The trial commenced on July 12, 2010 and the prosecution had closed its case on June 14 this year after calling 25 witnesses to testify against Lee.
On Sept 22, 2011, the court ruled that the prosecution had established a prima facie case against the accused and he was called to enter his defence.
The accused was the sole defence witness who made his defence under oath.
Bank Negara prosecuting officers Anthony Kularaj Kulasingam and Yip Kah Kit prosecuted.

Read more: http://www.theborneopost.com/2012/06/05/man-jailed-fined-rm55000-for-illegal-forex-trading/#ixzz1xLsmzrFF

HAMSUPMAN

这里很多人都要被检举了

CurryFishHead

看来不要买翻版CD了，哪怕突然被检举。。。。被检举收藏蔡CD的，会不会罪加一等？

potato_chip

我觉得最大的问题是炒外汇的人很多，可是就只有他被控, 他是如何被Bank Negara发现？

potato_chip

就如鱼头哥所说，买翻版CD也是犯发，为什么没人被抓？
其实法律只是一把刀，问提是这把刀在谁的手上而已

子房学韬

(⊙v⊙)嗯。。。
      这和摆摊卖翻版CD的层次是不一样的噢~~~
          只要你经过TM的网络，连到MT4等伺服器，
       国行就可以通过TM追踪到一份大概的炒汇名单
         2012年大马炒汇的人数，估计超过100,000了，而且还在迅速增加中~~~

      不过就像卖翻版CD等的一样~~~ 主要起诉的是摊主、商家等
           而只要没有人投诉，一般都会王恩浩大、福泽万民O(∩_∩)O。。。
       毕竟大马老百姓赚钱不容易呱，只要你记得：要是赚到钱要以税报王恩咯~~~

      这年轻人被起诉后，多几个月你就可以在大马的一些求职网~
          看到这间Golden Equities Limited的在招聘投资经理了，
      我记得以前是有薪水的，然后代表公司找人投资，然后类似那Gxx的一样抽佣咯~~~
            所以你可以看到他被起诉的是：
         Ram submitted that Lee did not earn from a Forex Trading
     except his salary for working less than nine months in the employ of a company.
          *最大问题是：Golden Equities Limited是间非法的黑公司                    

补充：
          买翻版CD也是犯发，为什么没人被抓？
               你没有发现经年卖翻版CD的少很多了咩？
    因为大马已经更严格监控了。。。固定罚款的次数增加了
得空多去初级法庭坐坐听审，不是没人被抓
                                         。。。是你没看到而已啦(*^__^*)

回复 17# potato_chip

wnvsakula

回复 19# 子房学韬


   你错了。。现在不摆街边。。可以开店了了。。做门市。pj一带很多cd店。。好像做到有牌那样。