Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory carve‑outs (part xa)
  • 14 Nov 2003

    EVER-LONG SECURITIES CO LTD v. WONG SIO PO

    Citation
    EVER-LONG SECURITIES CO LTD v. WONG SIO PO
    Court
    Court of Appeal
    Case number
    CACV99/2003

    The Court held that the plaintiff had established a prima facie contract and sufficient evidence that transactions were authorised via the intermediary (Mr Pang) and that the defendant had actual or constructive knowledge (receiving daily statements). Alleged regulatory breaches and non‑compliance with the SFC Code or Part XA did not render the contract illegal because Part XA did not apply to the activities in issue by virtue of Schedule 4; hearsay statements by the defendant were admissible and not prejudicial; allegations of fraud were unpleaded and unsupported. Therefore there was no meri…