Training & Knowledge: November 2016

30th Nov 2016Articles

Rethinking the Enforcement Function of the SFC

With a proven record of strengthening the enforcement function of the Ontario Securities Commission when he served as a director of that body, the appointment of Tom Atkinson as the Executive Director of Enforcement at Hong Kong’s Securities and Futures Commission in May this year might have been expected to bring about a new approach […]

30th Nov 2016Articles

Private Prosecutions

Private prosecutions of crimes such as fraud and trademark infringement have become an increasingly important tool of litigation in the UK in recent years.  In Hong Kong, however, this appears to remain an underused resource.  In this article we consider the key legal principles governing the bringing and defending of private prosecutions in Hong Kong, […]

30th Nov 2016Articles

HKSAR v Deborah Annells: Prolific Offending and Regulatory Shortcomings

Introduction On 11 July 2016 British tax consultant Deborah Annells was sentenced by the High Court of Hong Kong to nine years’ imprisonment for offences relating to theft, fraud and possession of a false instrument, following a guilty plea.[1] The case is an example of serious and prolific white-collar offending, and one which raises major […]

30th Nov 2016Articles

Turning Financiers into Launderers: What do They Need to Know

Introduction On 11 July 2016, the Court of Final Appeal (‘CFA’) handed down the judgment in HKSAR v Yeung Ka Sing, Carson case. The ruling alters the elements of mens rea required to satisfy the offence of money laundering and will have a significant impact on the way these cases are prosecuted and defended, facilitating […]

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