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Land rights lawyer Kong discharged and acquitted

12th June, 2018

KOTA KINABALU: A renowned land rights lawyer has been cleared of four counts of using false documents over a land matter by the Magistrate’s Court here.

Datuk Kong Hong Ming was discharged and acquitted without his defence being called by Sessions Court Judge Jason Juga who sat as Magistrate, yesterday.

The court made the decision after ruling that the prosecution failed to establish a prima facie case against Kong, when the case was mentioned for ruling at the end of the prosecution’s case.

On the first two charges, Kong was alleged to have used as genuine a sale and purchase agreement dated Oct 31, 2005 for a land (CL No. 215012847) between Jeff Leong and Albert Leong with March Advantage Sdn Bhd.

He was accused of committing the offence on two separate occasions at the Land Registry Division office of Sabah Land and Surveys Department here, and at the Registration Division of the High Court here, on September 2, 2010 and September 11, 2013, respectively.

Another charge accused Kong of dishonestly using a forged undated Memorandum of Transfer for a land (CL No. 21502847) between Jeff Leong, Albert Leong and March Advantage Sdn Bhd.

He is accused of committing the offence on Feb 9, 2012 at the Land Registry Division office of the Sabah Land and Survey Department here and on March 24, 2014 at the Registration Division of High Court here.

Each offence was framed under Section 471 of the Penal Code and punishable under Section 465 of the same Code which provides for imprisonment for a term which may extend to two years or with a fine or both.

This case was first brought to the court in December 2015. Fifteen witnesses were called by the prosecution during the hearing since the trial started on Dec 18, 2017 till April 2, this year.

Deputy Public Prosecutor Haderiah Siri who stood in for DPP Siti Amirah Mohamad Ali, appeared for the prosecution yesterday.

Counsel James Tsai and Marry Lee represented Kong. – ECA

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