Kota Kinabalu: A company and its director were fined a total of RM6,000 for selling a pulse oximeter without Sirim certificate as required under the Communications and Multimedia (Technical Standards) Regulations 2000.
Sessions Court Judge Amir Shah Amir Hassan handed down the sentence to Kreino Sdn Bhd and its director, Tan Hee Lian, 49, after they pleaded guilty to the charges against them.
The company was fined RM5,000 for selling the oximeter which was not certified, at its premises at Jalan Damai on June 14, 2023.
Meanwhile, Tan was fined RM1,000, or one month’s jail in default, for selling the same item at the same place and time.
The offence under Regulation 16(1)(b) of the said Regulations 2000, read together with Section 244(1)(a) of the Communications and Multimedia Act 1998, is punishable under Regulation 16(3) of the same Regulations.
The law provides for a fine of up to RM300,000, or imprisonment of up to three years, or both, upon conviction.
During mitigation, Tan, who also appeared on behalf of the company, asked for a lower fine, saying he could only afford to pay RM5,000 as he has young children to support.
Tan claimed that he did not know the oximeter required SIRIM certificate for sale because it had been purchased from China. He added that he is no longer selling the device.
However, Malaysian Communications and Multimedia Commission prosecuting officer Mohamad Azmir Mohd Razali urged the court to impose an appropriate sentence on Tan and the company, saying that selling uncertified products could harm users.
Mohamad also urged the court to take into consideration amendments to the law that came into effect in July 2022 before passing sentence.
