25 Feb 2019
ANDREW EDWARD LEFT v. SECURITIES AND FUTURES COMMISSION AND ANOTHER
- Citation
- [2019] HKCA 224
- Court
- Court of Appeal
- Case number
- CACV228/2016
The Court of Appeal dismissed the appeal: the Tribunal had jurisdiction; the correct test for recklessness in s277(1) is the subjective Sin Kam Wah formulation (awareness of risk and it being unreasonable in the circumstances known to the person to take it), which the Tribunal correctly applied and supported by compelling inferences; alternatively the Tribunal correctly found negligence applying an objective standard of care comparable to a market commentator for anyone who disseminates market‑influential information, and the findings of culpability and penalties were upheld.