The SC brings a civil action under s.200 against Rina for stock market manipulation under s.176. She made a gross gain of RM400,000. What is the most the court can order her to pay in total under s.200(2)?
Section 200(2) lets the SC (a) recover an amount not exceeding three times the gross pecuniary gain made or loss avoided, and (b) claim a civil penalty of up to RM1 million. Both may be sought together. Working: 3 x RM400,000 = RM1,200,000, plus the RM1,000,000 civil penalty = RM2,200,000. RM1,200,000 forgets the civil penalty. RM1,400,000 adds the penalty to the gain once instead of three times. RM2,600,000 adds the gain back on top of the three-times amount, which double counts it. Source: CMSA 2007 s.200(2) (as at October 2026).
Candidates either forget the separate civil penalty or treat 'three times' as 'gain plus three times'.
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