Newsletter – December 2017

Content

  1. Court sets pre-trial date for insider dealing case
  2. Court dismisses challenge to SFC’s search warrant and provision of information to Mainland regulator
  3. SFC bans Abbie Yip Ka Ying for 18 months
  4. SFC reprimands and fines FXCM Asia Limited HK$2 million
  5. SFC reprimands and fines Standard Chartered Securities (Hong Kong) Limited HK$2.6 million

 

1. Court sets pre-trial date for insider dealing case

On 8 December 2017, the Eastern Magistrates’ Court adjourned the criminal proceedings brought by the SFC against Mr Au-Yeung Siu Pang to 26 January 2018 for a pre-trial review after he pleaded not guilty to charges of insider dealing in the shares of China CBM Group Company Limited.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR145; and

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR120

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2. Court dismisses challenge to SFC’s search warrant and provision of information to Mainland regulator

On 8 December 2017, the Court of First Instance has made a decision dismissing a challenge lodged by Mr Tang Hanbo against the search warrant obtained by the SFC for an ongoing investigation into suspected breaches of the Takeovers Code and suspected offences under the Securities and Futures Ordinance.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR146

For a copy of the Court of Appeal’s judgment, please refer to:

http://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=112254&QS=%2B&TP=JU

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3. SFC bans Abbie Yip Ka Ying for 18 months

On 13 December 2017, the SFC has banned Ms Abbie Yip Ka Ying, a former trader of BNP Paribas, Hong Kong Branch, from re-entering the industry for 18 months for breach of the Code of Conduct over her attempts to conceal a trade execution error.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR149

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR149&appendix=0

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4. SFC reprimands and fines FXCM Asia Limited HK$2 million

On 13 December 2017, the SFC has reprimanded and fined FXCM Asia Limited (now known as Rakuten Securities Hong Kong Limited) HK$2 million for regulatory breaches and internal control failings relating to under-segregation of client money.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR150

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR150&appendix=0

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5. SFC reprimands and fines Standard Chartered Securities (Hong Kong) Limited HK$2.6 million

On 18 December 2017, the SFC has reprimanded and fined Standard Chartered Securities (Hong Kong) Limited HK$2.6 million for internal control failures relating to short selling orders and breach of the Securities and Futures (Financial Resources) Rules.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR152

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR152&appendix=0

The article is for general information purpose only and is not intended to constitute legal or other professional advice.

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