4 Dec 2018
SECURITIES AND FUTURES COMMIS v. CHENG CHAK NGOK AND ANOTHER
- Citation
- [2018] HKCA 923
- Court
- Court of Appeal
- Case number
- CACV95/2017
The application for leave to appeal to the Court of Final Appeal was refused because the questions on burden of proof were not reasonably arguable or were academic and would not affect outcome; the Court of Appeal concluded the Market Misconduct Tribunal had in fact applied a criminal standard incorrectly and the appellate reversal of factual findings was justified; concerns about prejudice to a rehearing were unfounded given the presumption that the rehearing tribunal will act conscientiously.