Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Price sensitive information

Legal area

Court

26 Apr 2017

SECURITIES AND FUTURES COMMISSION v. YIU HOI YING CHARLES AND OTHERS

Citation

SECURITIES AND FUTURES COMMISSION v. YIU HOI YING CHARLES AND OTHERS
Court

Court of Appeal
Case number

CACV154/2016

The Court held that 'using' in s.271(3) does not extend to withholding/non-disclosure of price sensitive information; the Tribunal did not err in law or in its factual findings that the respondents' dealings were motivated solely by a speculative boom and not by use of PSI, and the SFC's appeal is dismissed.
10 Feb 2010

NG KIT YING DEBBIE v. INSIDER DEALING TRIBUNAL AND ANOTHER

Citation

NG KIT YING DEBBIE v. INSIDER DEALING TRIBUNAL AND ANOTHER
Court

Court of Appeal
Case number

CACV106/2007

The Court upheld the Tribunal’s findings that the appellants were in possession of and misused relevant price‑sensitive information and that the inferences drawn from the timing of communications and trading were justified; the civil standard applied by the Tribunal (requiring high probability) was appropriate; Harbour Ring evidence was admissible to rebut coincidence; section 9 does not require independent proof of causation; accordingly the appeals were dismissed save that financial penalties were set aside in light of Koon Wing Yee precedent.