COUNTERFEIT GOODS AND CONSUMER TRUST: A CASE REVIEW OF ANG SENG HO V PUBLIC PROSECUTOR [1991] 3 MLJ 334

Abstract

This paper offers a thorough legal and forensic examination of the significant Malaysian case of Ang Seng Ho v Public Prosecutor [1991]. This research aims to provide an evaluation of the implications of this significant case on consumer protection and the modern supply chain from a legal and forensic point of view. In particular, the present study focuses on the High Court decision on the issue of the distribution of fake foods under the perspective of the Halal Forensic Pyramid. From a legal point of view, the paper thoroughly discusses the interpretation of Section 3(1)(b) of the Trade Descriptions Act 1972. Aside from civil statute law, the research links the 1991 legal precedent together with today’s Halal industry practices through the assessment of the case using five key forensic criteria. It discusses the breach of Shariah Law through commercial deception, the fundamental breach of absolute traceability in Halal Management, as well as the importance of applying the Standard Act in criminalizing Halal fraud. In addition, it emphasizes the importance of the Halal Science in proving the actus reus of fraud. Finally, it examines the significant health implications of fraudulent agricultural products, thereby proving that food fraud is the direct violation of the Halalan Toyyiban principle required by Islam.