Hong Kong Case Law: Decisions & Judgments

Topic

Compellability and self‑incrimination

Legal area

Court

22 Sept 2008

CHEEROLL LTD AND ANOTHER v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER

Citation

CHEEROLL LTD AND ANOTHER v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER
Court

Court of First Instance
Case number

HCAL124/2007

Proceedings before the Market Misconduct Tribunal are civil and regulatory in character; the s.252 notice was sufficient for statutory purposes and, if imperfect, amendable; statutory compellability and admission of compelled material are lawful because protections (notably s.255) and proportionality safeguards ensure a fair hearing; accordingly the judicial review applications are dismissed.
22 Sept 2008

CHAU CHIN HUNG AND ANOTHER v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER

Citation

CHAU CHIN HUNG AND ANOTHER v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER
Court

Court of First Instance
Case number

HCAL123/2007

Proceedings before the Market Misconduct Tribunal are civil and regulatory in nature; the Financial Secretary's notice provided sufficient particulars under s.13 Schedule 9 (and defects, if any, are curable by amendment); statutory compulsion to give evidence and admission of compelled statements is compatible with the right to a fair hearing because admissibility is confined principally to Tribunal proceedings and the statutory scheme strikes a fair and proportionate balance between public regulatory interests and individual rights.
22 Sept 2008

CHEUNG SAU LIN AND ANOTHER v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER

Citation

CHEUNG SAU LIN AND ANOTHER v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER
Court

Court of First Instance
Case number

HCAL22/2008

Proceedings before the Market Misconduct Tribunal are civil in nature governed by a civil standard of proof; the s.252 notice provided sufficient brief particulars and defects, if any, are curable by amendment; statutory compellability and limited admissibility of compelled material do not deny a specified person a fair hearing because statutory safeguards and the protective character of sanctions achieve a fair balance.

Hong Kong Case Law

CHEEROLL LTD AND ANOTHER v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER

CHAU CHIN HUNG AND ANOTHER v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER

CHEUNG SAU LIN AND ANOTHER v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER