Asia

Hong Kong Court of Final Appeal quashes conviction of TVB manager in high profile bribery case

The Court of Final Appeal has handed down an important judgment regarding bribery charges against former TVB general manager and TV presenter, Stephen Chan and his assistant, Tseng Pei-kun. In a case spanning seven years, Chan and Tseng were twice … Continue reading

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Filed under Asia, Bribery and Corruption, Hong Kong

Bank win in mis-selling case confirmed by Hong Kong’s highest court

On 17 February 2017, the Hong Kong Court of Final Appeal brought to a close the long-running case of DBS Bank (Hong Kong) Limited v Sit Pan Jit (FAMV 45/2016). The dispute concerned a claim by DBS Bank (Hong Kong) … Continue reading

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Filed under Asia, Hong Kong

Hong Kong court convicts and sentences former Chief Executive

Last Friday, the former chief executive of Hong Kong, Donald Tsang Yam-kuen, was convicted by a criminal court on a charge of misconduct in public office. This is a first-of-its-kind conviction and again signals the willingness of Hong Kong's Department … Continue reading

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Filed under Asia, Bribery and Corruption, Corporate Crime, Hong Kong

Recent SFC actions highlight increased regulatory focus on directors in Hong Kong, including INEDs

The Securities and Futures Commission (SFC) in Hong Kong has recently sought disqualification orders against listed company directors in a number of court actions commenced in the past few months.  The proceedings against the directors have been brought under section … Continue reading

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Hong Kong SFC urges intermediaries to review compliance with AML/CFT requirements following identification of deficiencies

On 26 January 2017, the Securities and Futures Commission (SFC) issued a circular (with Appendix 1, Appendix 2 and Appendix 3) highlighting its concerns regarding compliance by licensed corporations (LCs) and associated entities (AEs) with anti-money laundering and counter financing … Continue reading

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Filed under Asia, Hong Kong, Sanctions and Money Laundering

Hong Kong regulators issue guidance to sponsors, underwriters and placing agents on GEM initial public offerings

New listings on the Growth Enterprise Market (GEM) in Hong Kong have been repeatedly in the headlines in recent years for dramatic share price increases on their listing debuts and high share price volatility in post-listing periods. This has led to … Continue reading

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Filed under Asia, Hong Kong

Significant developments in Indonesian criminal law

Indonesia’s Criminal Procedure Code (“KUHAP”) was last revised in 1981. Many are of the view that it has not kept up with legal developments since then and that it is in need of substantial amendments. In the past month, there … Continue reading

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Filed under Asia, Bribery and Corruption, Corporate Crime, Indonesia

HKMA issues guidance on empowerment of independent non-executive directors of Hong Kong-incorporated authorised institutions

In its recent circular, the Hong Kong Monetary Authority provided further guidance on the empowerment of independent non-executive directors (INEDs) in the banking industry in Hong Kong, following an industry consultation carried out in early 2016.  The guidance examines, amongst … Continue reading

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SFC issues further guidance on suitability obligations – the cornerstone of investor protection

As foreshadowed in the Consultation Conclusions on the Proposed Amendments to the Professional Investor Regime and Further Consultation on the Client Agreement Requirements issued by the Securities and Futures Commission (SFC) on 25 September 2014, the SFC has conducted a … Continue reading

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SFC announces “Manager in Charge” regime to heighten senior management accountability for financial institutions in Hong Kong

In its recent circular (with annexes 1 and 2 and a set of FAQs), the Securities and Futures Commission (SFC) of Hong Kong introduced new measures to heighten the accountability of the senior management of all licensed corporations (LCs). The … Continue reading

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Filed under Asia, Hong Kong