18 Mar 2008
CHAN KIN SHING SONNY v. INSIDER DEALING TRIBUNAL AND ANOTHER
- Citation
- CHAN KIN SHING SONNY v. INSIDER DEALING TRIBUNAL AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV20/2007
The Court held that because s.23(1)(c) authorized a punitive and potentially severe penalty (treble disgorgement) the Tribunal proceedings were in substance criminal for purposes of arts 10 and 11 BOR; consequently the direct use of compelled answers under s.33 SFCO and compulsion under s.17 SIDO infringed the privilege against self-incrimination and the Tribunal should have applied the criminal standard of proof beyond reasonable doubt; remedially the appropriate course was to declare s.23(1)(c) invalid and restore the Tribunal's findings and remaining orders under ss.23(1)(a),(b) and 27.