Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Securities regulation
  • 21 Nov 2019

    HKSAR v. CHEUNG CHUN YUEN, BARRY

    Citation
    [2019] HKDC 1566
    Court
    District Court
    Case number
    DCCC718/2017

    The SFC has standing to assert PII and LPP. After in‑chambers inspection and application of the R v H balancing test, emails in Categories A and B (internal senior SFC deliberations and communications with FSTB that related to representations made to the SFC) must be disclosed in full to prosecution and defence because their relevance and the gravity of the criminal charge outweighs the public interest in non‑disclosure; emails in Category C (media/public relations internal views) are irrelevant and withheld; emails claimed under LPP are protected and not disclosable. Appointment of a special…