14 Jul 2020
ANDREW EDWARD LEFT v. SECURITIES AND FUTURES COMMISSION AND ANOTHER
- Citation
- [2020] HKCFA 23
- Court
- Court of Final Appeal
- Case number
- FAMV195/2019
Leave to appeal refused because the applicant's legal propositions were not reasonably arguable: Sin Kam Wah principles apply to section 277 and there is no justification to adopt a different recklessness test for market misconduct; even if a more demanding subjective test were required the MMT found Mr Left subjectively appreciated the unreasonableness of his risk-taking; negligence remained a distinct and applicable basis for liability; unlicensed commentators are not presumptively immune; freedom of expression does not protect dissemination of reckless or negligent false market information.