7 Nov 2014
A v. THE SECURITIES AND FUTURES COMMISSION
- Citation
- A v. THE SECURITIES AND FUTURES COMMISSION
- Court
- Court of First Instance
- Case number
- HCAL29/2014
The disciplinary proceedings are civil/regulatory in nature; the correct test for an application to stay such proceedings pending criminal trial is the common law 'balance of justice' test, not the proportionality test for direct abrogation of rights; applicants bore the burden of proving a real risk of prejudice and failed to adduce evidence of such risk; the Chairperson did not err in refusing the stay and her decision was not unreasonable.