Hong Kong Case Law: Decisions & Judgments

Topic

Financial penalties

Legal area

Court

11 Jun 2009

I-CABLE WEBSERVE LTD v. THE TELECOMMUNICATIONS AUTHORITY

Citation

I-CABLE WEBSERVE LTD v. THE TELECOMMUNICATIONS AUTHORITY
Court

Court of Appeal
Case number

CACV329/2008

The Court held that ss7M and 36B/36C comprise a regulatory disciplinary scheme rather than a criminal one, so the civil standard of proof (balance of probabilities) applies; penalties under s36C are civil and recoverable as debt; and a licensee is liable for employees' misleading or deceptive conduct in the course of employment unless the employer can demonstrate completely effective preventative measures (otherwise steps only mitigate penalty).
9 Dec 1998

A Solicitor v. The Law Society

Citation

A Solicitor v. The Law Society
Court

Court of Appeal
Case number

CACV123/1998

The Court upheld the Tribunal's finding of disgraceful professional conduct and confirmed the censure; reduced the Tribunal's financial penalty from $250,000 to $50,000 as sufficient and proportionate; set aside the Tribunal's order requiring attendance at specified courses (as not pursued by the Law Society); and ordered the appellant to pay one-third of the Law Society's costs of and incidental to the proceedings and of the inquiry and investigation on a full indemnity basis.
31 Jul 1998

SHEK MEI LING AND OTHERS v. THE INSIDER DEALING TRIBUNAL

Citation

SHEK MEI LING AND OTHERS v. THE INSIDER DEALING TRIBUNAL
Court

Court of Appeal
Case number

CACV41/1998

The Court approved the Tribunal's adoption of the American/MacDonald approach and held that profit 'gained as a result of the insider dealing' is measured by the difference between acquisition cost and the trading price at a reasonable short time after public dissemination; unrealised gains measured at the end of that reasonable period are actual profits attributable to the insider dealing; the Tribunal has discretion to mitigate penalties by reference to means, totality and other sentencing principles; Shek's s.23(1)(b) and (c) orders were excessive and substituted, appeals of the other appe…

Hong Kong Case Law

I-CABLE WEBSERVE LTD v. THE TELECOMMUNICATIONS AUTHORITY

A Solicitor v. The Law Society

SHEK MEI LING AND OTHERS v. THE INSIDER DEALING TRIBUNAL