Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Misrepresentation to regulator
  • 11 Mar 2021

    SECURITIES AND FUTURES COMMISSION v. WONG KAM LEONG AND OTHERS

    Citation
    [2021] HKCFI 624
    Court
    Court of First Instance
    Case number
    HCMP667/2018

    On the agreed facts the court was satisfied that conduct engaged s214(1)(b),(c) and (d) of the SFO: R4 and R5 failed to exercise independent judgment and due diligence in relation to the Acquisition Agreement, Profit Guarantee and subsequent Confirmation Letters, allowed domination by R1, and caused prejudice to the company and its members. Their breaches were primarily negligent omissions rather than active fraud. Having regard to seriousness, mitigation (including Carecraft settlement and cooperation) and purposes of disqualification, a 3-year disqualification under s214(2)(d) was appropria…