7 May 2009
KOON WING YEE v. THE SECURITIES AND FUTURES COMMISSION
- Citation
- KOON WING YEE v. THE SECURITIES AND FUTURES COMMISSION
- Court
- Court of Appeal
- Case number
- CACV367/2008
The appeal is dismissed because the applicant had no reasonably arguable case: statutory protection in s.187(2) SFO prevents direct use of compelled answers, there is no free‑standing derivative use immunity, issues of derivative use require balancing of public interests and fairness rather than a blanket prohibition, and the Market Misconduct Tribunal proceedings are civil; therefore leave for judicial review was properly refused and the consequential stay application failed.