Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of compelled statements

Legal area

Court

3 Oct 2017

COMPETITION COMMISSION v. NUTANIX HONG KONG LTD AND OTHERS

Citation

COMPETITION COMMISSION v. NUTANIX HONG KONG LTD AND OTHERS
Court

Competition Tribunal
Case number

CTEA1/2017

s45(2) protects only the person who was required by a s42 notice to attend and answer questions (the individual interviewee); it does not render statements inadmissible against the employer undertaking. The respondents' constructions and any read‑in remedy were rejected; therefore the strike out/debarment applications fail.
22 Oct 2015

SECURITIES AND FUTURES COMMISSION v. CHAN SHUI SHEUNG IVY

Citation

SECURITIES AND FUTURES COMMISSION v. CHAN SHUI SHEUNG IVY
Court

Court of First Instance
Case number

HCMA630/2014

The Court held the magistrate’s factual findings were within the range of reasonable conclusions: the four SEHK letters could be excluded as involuntary in the circumstances because SEHK was a person in authority in the respondent's mind and answers were given under threat of disciplinary consequences; on the evidence it was open to the magistrate to find Richcom had not manifested an intention to exercise conversion rights until the 18 February 2008 resolution; the Convertible Bond did not fall within the Listing Rule definition of an "option" for the purposes alleged and the loan/Subscripti…