2 Nov 2007
KOON WING YEE v. THE SECURITIES & FUTURES COMMISSION
- Citation
- KOON WING YEE v. THE SECURITIES & FUTURES COMMISSION
- Court
- Court of First Instance
- Case number
- HCAL7/2007
The challenge was dismissed as premature: Article 11(2)(g) and Article 10 protections are engaged only where criminal charges or Market Misconduct Tribunal proceedings are actually brought. At the time of the notice the applicant faced neither, and binding authority (HKSAR v Lee Ming Tee) establishes the testimonial immunity in Article 11(2)(g) applies only to persons charged; therefore s183 did not presently breach the Bill of Rights and issues about the MMT's criminal character or impartiality arise only if proceedings are instituted.