30 May 2007
KOON WING YEE v. INSIDER DEALING TRIBUNAL AND ANOTHER
- Citation
- KOON WING YEE v. INSIDER DEALING TRIBUNAL AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV358/2005
The Court held that Insider Dealing Tribunal proceedings under SIDO are criminal in nature because the treble penalty in section 23(1)(c) is punitive and deterrent; therefore Articles 10 and 11 of the HKBOR apply. Consequently compelled testimony obtained under section 33(4) SFCO and used pursuant to section 33(6) SFCO in insider dealing inquiries is inadmissible where privilege is claimed, implicated persons should not be compelled under section 17 SIDO to give evidence in such criminal proceedings, and the appropriate standard of proof is beyond reasonable doubt.