KK company, director fined total RM6,000 for selling uncertified pulse oximeter

KOTA KINABALU (March 11): The Sessions Court here fined a company and its director a total of RM6,000 for separate charges of selling a pulse oximeter without certification as required by law.

Judge Amir Shah Amir Hassan imposed the fine on Tan Hee Lian, 49, after the latter pleaded guilty on behalf of both the company, Kreino Sdn Bhd, and himself as director.

On the first count, Tan was fined RM1,000 in default one month’s imprisonment for selling the oximeter at the company located on Jalan Damai here on June 14, 2023.

The offence comes under Regulation 16 (1) (b) of the Communication and Multimedia (Technical Standards) Regulations 2000, read together with Section 244 (1) (a) of the Communication and Multimedia Act 1998, which is punishable under Regulation 16 (3).

The indictment provides for a fine of up to RM300,000, up to three years in prison, or both upon conviction.

On the second count, the company was fined RM5,000 for a similar offence at the same place and date.

The charge comes under Regulation 16 (1) (b), punishable under Regulation 16 (3), which provides for similar punishments upon conviction.

In mitigation, Tan, who was unrepresented, pleaded for a lower fine on the grounds that he could only afford to pay RM5,000.

He said his children are still young and claimed he did not know that the oximeter needed certified approval to be sold because it was purchased from China.

Tan added he is no longer selling the said tool.

In reply, Malaysian Communication and Multimedia Commission prosecuting officer Mohamad Azmir Mohd Razali urged the court to impose an appropriate sentence against Tan and the company, saying that selling uncertified products could cause harm to users.

He further urged the court to take into consideration the amendment made to the said law effective from July 2022 before passing the sentence.