9 Aug 2005
YANG CHIH CHEN v. SECURITIES AND FUTURES COMMISSION
- Citation
- YANG CHIH CHEN v. SECURITIES AND FUTURES COMMISSION
- Court
- Court of First Instance
- Case number
- HCMA371/2005
The SFC's appeal was dismissed because the magistrate, as tribunal of fact, expressed reasonable doubt on crucial issues (dishonesty and intention to defraud) and an appellate court cannot compel the magistrate to make factual findings he felt unsure of; on the costs appeal the High Court, after finding a breach of natural justice by the magistrate and exercising a fresh discretion, concluded that Mr Yang's conduct brought suspicion upon him and he should be deprived of trial costs, so his appeal against refusal of costs was dismissed.