In the decision in A v The Commissioner of the Independant Commission Against Corruption [2012] HKCFA 79 handed down on 13 November 2012 the Court of Final Appeal in Hong Kong (CFA) held that a non-suspect party which was required to provide information and documentation in the course of an investigation conducted under the Prevention of Bribery … Read more

The Securities and Futures Commission (SFC)’s two-month consultation on the amendments to the Code of Conduct to facilitate the establishment of the Financial Dispute Resolution Centre Ltd (FDRC) and to enhance the regulatory framework (Consultation) ended in January 2012. The SFC recently published its consultation conclusions (Consultation Conclusions). The Consultation Conclusions confirm, amongst other things, … Read more

On 22 April 2012, the Securities and Futures Commission (“SFC”) announced that it revoked Mega Capital (Asia) Company Limited’s (“Mega Capital”) licence to advise on corporate finance and fined it HK$42 million for failing to discharge its duties as a sponsor in the listing of Hontex International Holdings Company Limited (“Hontex”). This is the first … Read more

In Citic Pacific Limited v Secretary for Justice  (unrep, CACV 60/2011), the Court of Appeal considered the legal principles relating to the nature and extent of legal professional privilege, and held that the concept of partial waiver of privilege is recognised under Hong Kong law. In the regulatory context, this important decision is a reminder … Read more

The Securities and Futures Commission (“SFC”) secured a victory in the Court of Appeal last week in its ongoing battle against the New York-based hedge fund Tiger Asia Management LLC and several of its officers. In its judgment last week, the Court of Appeal upheld the SFC’s appeal in which the regulator successfully argued for … Read more