Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Relevant information

  • 18 Apr 2012

    LEUNG CHI KEUNG v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER

    Citation
    LEUNG CHI KEUNG v. MARKET MISCONDUCT TRIBUNAL AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV256/2010

    On the objective statutory test in s.247(1)(c) the Court found that an equity salesman who is tasked by the bank's equity capital/ECM desk to sound out institutional investors for a placement may reasonably be expected to have access to confidential information about the placement; on the facts Tsien occupied such a position, the appellant knew Tsien was connected and possessed non-public, price-sensitive information when he sold COLI shares, and therefore the Tribunal's finding of insider dealing under s.270 was upheld and the appeal dismissed.

  • 12 Oct 2010

    HKSAR v. MA HON KIT SAMMY AND OTHERS

    Citation
    HKSAR v. MA HON KIT SAMMY AND OTHERS
    Court
    Court of Appeal
    Case number
    CACC148/2009

    The Court upheld the convictions of the 3rd and 4th defendants because the trial judge was entitled to draw, from the timing, size and coordination of purchases, family relationships, prior communications and evidence that the information was limited and not public, the irresistible/only reasonable inference that they received and knew the relevant information and its provenance; the conviction of the 5th defendant was quashed because the judge was not entitled to find as an irresistible inference that he received the relevant information indirectly from the 1st defendant given his different…