Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

S.185(1)(b) penal liability analogous to contempt
  • 6 Oct 2025

    SECURITIES AND FUTURES COMMISSION v. oOo SECURITIES (HK) GROUP LTD (formerly known as ORIENTIERT XYZ SECURITIES LTD and AMTD GLOBAL MARKETS LTD) AND OTHERS

    Citation
    [2025] HKCFI 4584
    Court
    Court of First Instance
    Case number
    HCMP2027/2023

    Court held (1) SFC may not rely on matters relating to Company C in these proceedings because SFC's 13.10.2022 letter said no further action would be taken absent different facts; (2) service of a s.183 notice must be proved for s.185 relief and SFC failed to prove service of the Jan 2023 notice or the 6.7.2023 letter, so no order can be based on the Jan 2023 notice; (3) on the 2021/22 notices the court was satisfied beyond reasonable doubt the requested documents existed and were in D1's possession at the time and that D1 failed without reasonable excuse — liability under s.185(1)(b) establi…

    • S.183 notices and production of documents
    • S.185(1)(a) orders to compel compliance
    • S.185(1)(b) penal liability analogous to contempt
    • Service of statutory notices
    • Secrecy obligations (s.378)
    • Record-keeping obligations (s.130)