8 Jan 1993
In re Commission Ordinance
- Citation
- In re Commission Ordinance
- Court
- Court of First Instance
- Case number
- HCMP3039/1992
The investigatory powers in s.33 of the Securities and Futures Commission Ordinance, including requirements to produce documents and attend for questioning and the related penal provisions, do not infringe the cited BOR Articles because the powers are regulatory not criminal, contain statutory safeguards (legal representation, s.33(6) protection against self-incrimination in criminal proceedings, judicial-review oversight), and the Insider Dealing Tribunal's powers are disciplinary; therefore the provisions are not inconsistent or repealed by the BOR.