Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Use of originating summons for serious allegations
  • 2 Aug 2011

    SECURITIES AND FUTURES COMMISSION v. HONTEX INTERNATIONAL HOLDINGS CO LTD AND OTHERS

    Citation
    SECURITIES AND FUTURES COMMISSION v. HONTEX INTERNATIONAL HOLDINGS CO LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP630/2010

    The court declined to determine the framed question under RHC O14A because the issue was not properly joined or factually confined by pleadings, the question as posed was abstract and fact‑sensitive, and insofar as the alleged contraventions replicate Part XIII provisions (eg s298/277) jurisdiction is precluded by Tiger Asia; accordingly the summons was unsuitable for determination without trial.

    • Market misconduct
    • Jurisdiction to make declarations of contravention
    • Section 213 sfo remedies
    • Use of originating summons for serious allegations
    • Freezing injunctions