10 May 2013
SECURITIES AND FUTURES COMMISSION v. SUNG KOOK HWANG BILL
- Citation
- SECURITIES AND FUTURES COMMISSION v. SUNG KOOK HWANG BILL
- Court
- Court of Final Appeal
- Case number
- FACV11/2012
The Court of Final Appeal held that s213 SFO empowers the Court of First Instance to determine whether a person has contravened the market misconduct provisions (including s291(5) insider dealing) and to grant civil remedies without requirement of a prior criminal conviction or a finding by the Market Misconduct Tribunal; the criminal and MMT procedures are not mutually exhaustive so as to oust s213 jurisdiction.