Newsletter – February 2018

Content
  1. Court of Final Appeal to hear Moody’s case
  2. Court orders Qunxing and former directors to compensate investors over disclosure of false or misleading information
  3. SFC reprimands and fines Credit Suisse (Hong Kong) Limited, Credit Suisse Securities (Hong Kong) Limited and Credit Suisse AG HK$39.3 million for regulatory breaches
  4. SFC reprimands and fines Interactive Brokers Hong Kong Limited HK$4.5 million for failures concerning its electronic and algorithmic trading systems
  5. Court orders Titan’s former senior executive and his mother to make payments to investors over insider dealing in Titan shares
  6. SFC obtains disqualification and compensation orders against former chairman and directors of Starlight

1.         Court of Final Appeal to hear Moody’s case

On 7 February 2018, the Court of Final Appeal granted leave to Moody’s Investors Service Hong Kong Limited’s to take the case to the Court of Final Appeal in the matter of the SFC disciplinary action in relation to a special comment report it published in 2011.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR11

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2.         Court orders Qunxing and former directors to compensate investors over disclosure of false or misleading information

On 7 February 2018, the Court of First Instance has granted orders sought by the SFC in its proceedings against Qunxing Paper Holdings Company Limited (“Qunxing”), its former chairman and vice-chairman – Mr Zhu Yu Guo and his son, Mr Zhu Mo Qun – as well as its subsidiary Best Known Group Limited to compensate investors who subscribed for Qunxing shares in its initial public offering or purchased them in the secondary market between 2007 and 2011.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR10

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3.    SFC reprimands and fines Credit Suisse (Hong Kong) Limited, Credit Suisse Securities (Hong Kong) Limited and Credit Suisse AG HK$39.3 million for regulatory breaches

On 8 February 2018, the SFC has resolved its concerns with Credit Suisse (Hong Kong) Limited, Credit Suisse Securities (Hong Kong) Limited and Credit Suisse AG over internal control failures.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR12

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=18PR12&appendix=0

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4.         SFC reprimands and fines Interactive Brokers Hong Kong Limited HK$4.5 million for failures concerning its electronic and algorithmic trading systems

On 14 February 2018, the has reprimanded and fined Interactive Brokers Hong Kong Limited (“IBHK”) HK$4.5 million after resolving concerns over IBHK’s breaches of the Code of Conduct in its execution of market orders using electronic and algorithmic trading systems.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR14

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=18PR14&appendix=0

5.         Court orders Titan’s former senior executive and his mother to make payments to investors over insider dealing in Titan shares

On 23 February 2018, the Court of First Instance has ordered a former senior executive of an affiliate of Titan Petrochemical Group Limited (“Titan”), Mr Augustine Cheong Kai Tjieh and his mother, Ms Gan Ser Soon to pay investors after the Market Misconduct Tribunal (“MMT”) earlier found the pair engaged in insider dealing in the shares of Titan in 2012

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR16

For the MMT report, please refer to:

http://www.mmt.gov.hk/eng/reports/Report_of_Titan_e.pdf

6.         SFC obtains disqualification and compensation orders against former chairman and directors of Starlight

On 27 February 2018, the Court of First Instance has ordered Starlight Culture Entertainment Group Limited’s (“Starlight”) former chairman Mr Tong Shek Lun and two former executive directors, Ms Kinny Ko Lai King and Ms Regina Chung Wai Yu, to pay a sum of US$890,241.37 as compensation to Starlight following findings of misconduct in connection with their handling of the company’s disposal of subsidiaries in September 2008.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR19

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

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

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Newsletter – January 2018

Content

  1. SFC publicly censures Zhang Qiang for breach of the Takeovers Code
  2. Court orders re-trial after allowing SFC’s appeal in illegal short selling case
  3. SFC bans Ng Chau for six months
  4. SFC reprimands and fines Wu Hon Cheung HK$50,000
  5. SFC reprimands and fines EFG Bank AG HK$2 million
  6. Court finds no insider dealing in Integrated Distribution Services Group shares
  7. SFC bans Chan Wai Nun for six months
  8. SFC obtains court order to disqualify former chairman of Pearl Oriental Oil Limited for six years

 

1. SFC publicly censures Zhang Qiang for breach of the Takeovers Code

On 20 December 2017, the SFC has publicly censured Zhang Qiang for acquiring shares within six months after the close of an offer at above the offer price in breach of Rule 31.3 of the Takeovers Code.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=17PR156

For a copy of the Executive Statement, please refer to:

http://www.sfc.hk/web/EN/files/CF/pdf/Public_censure/Public%20censure%20Zhang%20Qiang%20Executive%20statement%20(Eng).pdf

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2. Court orders re-trial after allowing SFC’s appeal in illegal short selling case

On 27 December 2017, the Court of First Instance has allowed the SFC appeal against the acquittal of Mr Wong Hung of illegal short selling and ordered that the case be remitted back to the Magistrates’ Court for a re-trial.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR157

For a copy of the Court of First Instance’s judgment (Only available in Chinese), please refer to:

http://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=112992&QS=%2B&TP=JU

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3. SFC bans Ng Chau for six months

On 27 December 2017, the SFC has banned Mr Ng Chau, a former account executive of Get Nice Securities Limited, from re-entering the industry for six months from 15 December 2017 to 14 June 2018 for breach of the SFC’s Code of Conduct.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR158

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=17PR158&appendix=0

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4. SFC reprimands and fines Wu Hon Cheung HK$50,000

On 9 January 2018, the SFC has reprimanded Mr Wu Hon Cheung, a former account executive of Sun Hung Kai Investment Services Limited, and fined him HK$50,000 for failing to keep proper records of a client’s order instructions, in breach of the Code of Conduct.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR1

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=18PR1&appendix=0

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5. SFC reprimands and fines EFG Bank AG HK$2 million

On 11 January 2018, the SFC has reprimanded and fined EFG Bank AG HK$2 million for dealing in futures contracts without the required registration.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR2

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=18PR2&appendix=0

6. Court finds no insider dealing in Integrated Distribution Services Group shares

On 18 January 2018, the Eastern Magistrates’ Court today found that Mr Lam Yik Tung, a former employee of BNP Paribas Capital (Asia Pacific) Limited, and his friends – Mr Chan Lit Chun and Mr Anson Mui Ka Leung – were not guilty of insider dealing in the shares of Integrated Distribution Services Group Limited in 2010.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR4

7.  SFC bans Chan Wai Nun for six months

On 22 January 2018, the SFC has banned Mr. Chan Wai Nun, a former investment counsellor of DBS Bank (Hong Kong) Limited (“DBSHK”), from re-entering the industry for six months from 19 January 2018 to 18 July 2018 for transferring client data out of DBSHK prior to his departure from DBSHK to join another bank.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=18PR6

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=18PR6&appendix=0

8. SFC obtains court order to disqualify former chairman of Pearl Oriental Oil Limited for six years

On 25 January 2018, the SFC has obtained an order in the High Court to disqualify Mr Fan Di, former chairman, president and executive director of Pearl Oriental Oil Ltd for defalcation, misfeasance and other misconduct towards the company.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=18PR8

For a summary of the material events and the allegation, please refer to:

http://www.sfc.hk/web/doc/EN/general/general/press_release/11/11PR58_Extract.pdf

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

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 

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.

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 

Newsletter – November 2017

Content

  1. SFC bans Yeung Leung Yuen for three years
  2. Court of Appeal upholds SFC’s case of insider dealing and fraud against solicitors
  3. HSBC Private Bank (Suisse) SA fined HK$400 million for systemic failures in selling structured products
  4. SFC fines Danny Fung Kwong Shing and bans him for life

 

1. Court of Appeal upholds SFC’s case of insider dealing and fraud against solicitors

On 7 November 2017, the SFC has banned Mr Yeung Leung Yuen, a former relationship manager of Citibank (Hong Kong) Limited, from re-entering the industry for three years for conducting unauthorized transactions in a client’s securities account.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR134

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

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR134&appendix=0

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2. Court of Appeal upholds SFC’s case of insider dealing and fraud against solicitors

On 9 November 2017, the Court of Appeal upheld the decision of the Court of First Instance which had ruled in favour of an insider dealing and fraud case brought by the SFC against two solicitors – Ms Betty Young Bik Fung and Mr Eric Lee Kwok Wa – and Lee’s two sisters.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR135; and

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=16PR5

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3. HSBC Private Bank (Suisse) SA fined HK$400 million for systemic failures in selling structured products

On 21 November 2017, HSBC Private Bank (Suisse) SA, the Hong Kong branch of the Switzerland-based private banking business of HSBC Group, has been fined a record sum of HK$400 million after the Securities and Futures Appeals Tribunal (“SFAT”) upheld the SFC’s disciplinary action against the bank for material systemic failures in relation to the sale of derivative products – namely, Lehman Brothers-related Notes and Leveraged Forward Accumulators – in the run-up to the global financial crisis in 2008.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=17PR138

For the SFAT’s Reasons for Determination, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR134&appendix=0

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4. SFC fines Danny Fung Kwong Shing and bans him for life

On 23 November 2017, the SFC has banned Mr Danny Fung Kwong Shing, a former account executive of Fulbright Securities Limited (“Fullbright”), from re-entering the industry for life and fined him HK$542,071 for carrying out unauthorized trading activities in client’s accounts during his tenure at Fullbright.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=17PR140

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

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/openAppendix?refNo=17PR140&appendix=0

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

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 

Newsletter – October 2017

Content

  1. Court allows TVB’s judicial review
  2. SFC bans Xu Tao for four months
  3. Court of Appeal dismissed Moody’s leave application to appeal to the Court of Final Appeal

 

1. Court allows TVB’s judicial review

On 4 October 2017, the Court of First Instance has granted leave and allowed a judicial review of the Takeovers and Mergers Panel’s ruling in relation to a share buy-back offer announced by Television Broadcasts Limited in January 2017.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=17PR127

For the Judgment, please refer to:

http://www.judiciary.hk/en/index/index.htm

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2. SFC bans Xu Tao for four months

On 11 October 2017, the SFC has prohibited Mr Xu Tao, a former investment consultant of China International Capital Corporation Hong Kong Securities Limited, from re-entering the industry for four months from 11 October 2017 to 10 February 2018 due to improper means to accept order transactions from clients.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR129

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

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR129&appendix=0

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3.  Court of Appeal dismissed Moody’s leave application to appeal to the Court of Final Appeal

On 18 October 2017, the Court of Appeal dismissed Moody’s Investors Service Hong Kong Limited’s (“Moody’s”) application for leave to appeal to the Court of Final Appeal in the matter of the SFC disciplinary action in relation to a special comment report published by Moody’s in 2011.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR132

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=109835&QS=%2B&TP=JU

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

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 

Newsletter – September 2017

Content

  1. SFC obtains disqualification and court orders against former chairman and current directors of Hanergy Thin Film Power Group Limited
  2. SFC issues statement on initial coin offerings
  3. SFC commences insider dealing prosecution in China CBM shares
  4. SFC publicly censures Chen Chi-Te and Kenneth C.M. Lo for breaches of the Takeovers Code
  5. SFC secures conviction against ETRADE Securities (Hong Kong) Limited for marketing of unlicensed US brokerage services in Hong Kong
  6. SFC bans Shum Kam Ming for life

1. SFC obtains disqualification and court orders against former chairman and current directors of Hanergy Thin Film Power Group Limited

On 4 September 2017, the SFC obtained disqualification orders in the Court of First Instance against the former chairman, Mr Li Hejun, and four current independent non-executive directors, Ms Zhao Lan, Mr Wang Tongbo, Mr Xu Zheng and Mr Wang Wenjing, of Hanergy Thin Film Power Group Limited.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR116

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2. SFC issues statement on initial coin offerings

On 5 September 2017, the SFC issued a statement on existing regulations which could be applicable to initial coin offerings.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/corporate-news/doc?refNo=17PR118

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3.  SFC commences insider dealing prosecution in China CBM shares

On 7 September 2017, the SFC commenced criminal proceedings in the Eastern Magistrates’ Court against Mr Au-Yeung Siu Pang over alleged 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=17PR120

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4.  SFC publicly censures Chen Chi-Te and Kenneth C.M. Lo for breaches of the Takeovers Code

On 7 September 2017, the SFC has publicly censured Chen Chi-Te and Kenneth C.M. Lo for breaching the dealing provisions under the Takeovers Code.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/corporate-news/doc?refNo=17PR119

For a copy of the Executive Statement, please refer to:

http://www.sfc.hk/web/EN/files/CF/pdf/Public_censure/Executive%20Statement%20-%20TCC%2020170907%20(Eng).pdf

5.  SFC secures conviction against ETRADE Securities (Hong Kong) Limited for marketing of unlicensed US brokerage services in Hong Kong

On 21 September 2017, the Eastern Magistrates’ Court convicted ETRADE Securities (Hong Kong) Limited for actively marketing to the Hong Kong public US brokerage services provided by E*TRADE Securities LLC which was not a licensee of the SFC.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR124

6.  SFC bans Shum Kam Ming for life

On 25 September 2017, the SFC has banned Mr Shum Kam Ming, a former account executive of Sincere Securities Limited, from re-entering the industry for life in connection with conducting unauthorized transactions in a client’s account.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR125

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

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR125&appendix=0

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

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 

Newsletter – August 2017

Content

  1. Court ordered insider dealer Sun Min to pay HK$15.6 million to investors 
  2. SFC publicly censures China Life Insurance (Overseas) Company Limited for breaches of Takeovers Code
  3. Court of First Instance dismissed application by Hong Kong Game Theory for leave to appeal to the Court of Final Appeal
  4. Court of Appeal dismissed SFC’s leave application to the Court of Final Appeal against MMT decision on Asia Telemedia Limited case
  5. Court convicts sole proprietor and investment portfolio manager of unlicensed asset management
  6. SFC issues restriction notices to three brokers to freeze client accounts linked to suspected market manipulation

1. Court ordered insider dealer Sun Min to pay HK$15.6 million to investors

On 28 July 2017, the Court of First Instance has ordered Ms Sun Min to pay the restoration amount of HK$15,629,341 to 51 investors affected by her insider dealing in China Huiyuan Juice Group Limited shares.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR104

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2. SFC publicly censures China Life Insurance (Overseas) Company Limited for breaches of Takeovers Code

On 3 August 2017, the SFC has publicly censured China Life Insurance (Overseas) Company Limited as a result of its failure to disclose its dealings in the shares of Glorious Property Holdings Limited in contravention of the Code on Takeovers and Mergers.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=17PR106

For a copy of Executive Statement, please refer:

http://www.sfc.hk/web/EN/files/CF/pdf/Public_censure/China%20Life_Public%20Statement%20(English)_3%20Aug%2017.pdf

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3.  Court of First Instance dismissed application by Hong Kong Game Theory for leave to appeal to the Court of Final Appeal

On 18 August 2017, the Court of First Instance has dismissed the certification application by Hong Kong Game Theory Association Limited and its sole director Mr Sze Ching Lok for the purpose of filing appeals to the Court of Final Appeal against their earlier conviction of carrying on unlicensed activities.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR107

For a copy of the Court of Appeal’s judgment (Only available in Traditional Chinese), please refer to:

http://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=110120&QS=%2B&TP=JU

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4.  Court of Appeal dismissed SFC’s leave application to the Court of Final Appeal against MMT decision on Asia Telemedia Limited case

On 24 August 2017, the Court of Appeal has dismissed the SFC application for leave to appeal to the Court of Final Appeal against the Market Misconduct Tribunal’s findings that two former executives of Asia Telemedia Limited (now known as Yunfeng Financial Group Limited), Mr Yiu Hoi Ying and Ms Marian Wong Nam, had not engaged in insider dealing.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR109

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=109219&QS=%2B&TP=JU

 

5.  Court convicts sole proprietor and investment portfolio manager of unlicensed asset management

On 24 August 2017, the Eastern Magistrates’ Court today convicted Fonia Kwok Lai Kwan of carrying on a business in asset management trading under the name of Finamics Capital Management (“Finamics”) and Lawrence Ho Man Chung of performing a regulated function in relation to the asset management of Finamics without licences from the SFC.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR108

6.  SFC issues restriction notices to three brokers to freeze client accounts linked to suspected market manipulation

On 30 August 2017, the SFC has issued restriction notices to Caitong International Securities Co., Ltd, Pacific Foundation Securities Limited and Yuanta Securities (Hong Kong) Company Limited (the brokers), prohibiting them from dealing with or processing certain assets held in client accounts which are related to suspected market manipulation in the shares of GME Group Holdings Limited on 22 February 2017.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR114

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

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 

Newsletter – July 2017

Content

  1. Court of First Instance upholds convictions of Hong Kong Game Theory Association Limited and its sole director over unlicensed activities
  2. QMIS Securities Limited and former responsible officer convicted of giving SFC false or misleading information
  3. SFC issues restriction notice on W. Falcon Asset Management (Asia) Limited
  4. Hong Kong’s fund management business grows steadily in 2016
  5. SFC suspends Chan Wai Ling for 12 months
  6. Court sets pre-trial date for insider dealing case
  7. Court convicts licence applicant for providing SFC with false information

1. Court of First Instance upholds convictions of Hong Kong Game Theory Association Limited and its sole director over unlicensed activities

On 29 June 2017, the Court of First Instance has dismissed the appeal of Hong Kong Game Theory Association Limited and its sole director Mr Sze Ching Lok against their convictions for carrying on a business in advising on futures contracts without a licence.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR92

For a copy of the Court of Appeal’s judgment (Only available in Traditional Chinese), please refer to:

http://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=110120&currpage=T

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2. QMIS Securities Limited and former responsible officer convicted of giving SFC false or misleading information

On 30 June 2017, the Eastern Magistrates’ Court has convicted QMIS Securities Limited and its former responsible officer, Mr Huang Kuang Cheng, of making false or misleading representations when submitting licensing information to the SFC.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR93

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3.  SFC issues restriction notice on W. Falcon Asset Management (Asia) Limited

On 7 July 2017, SFC issued a Restriction Notice on W. Falcon Asset Management (0)(Asia) Limited to safeguard the assets of the firm and its clients, and to protect the interest of its clients and the investing public.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=17PR94

4.  Hong Kong’s fund management business grows steadily in 2016

On 19 July 2017, SFC released its annual Fund Management Activities Survey which shows that the combined fund management business in Hong Kong increased by 5.2% year-on-year to HK$18,293 billion as of 31 December 2016.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=17PR98

 

5.  SFC suspends Chan Wai Ling for 12 months

On 26 July 2017, SFC has suspended Ms Chan Wai Ling for 12 months from 26 July 2017 to 25 July 2018 for her failure to act in her clients’ best interests as she did not obtain her clients’ written authorization or inform her employer before she acted on the third party instructions.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR101

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

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR101&appendix=0

 

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

On 26 July 2017, The Eastern Magistrates’ Court today adjourned the criminal proceedings brought by the SFC against Mr Lam Yik Tung, Mr Chan Lit Chun and Mr Anson Mui Ka Leung to 12 September 2017 for a pre-trial review after they pleaded not guilty to charges of insider dealing in the shares of Integrated Distribution Services Group Limited.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR102

7.  Court convicts licence applicant for providing SFC with false information

On 27 July 2017, The Eastern Magistrates’ Court today convicted Ms Yan Ching Ching after she pleaded guilty to three counts of making false or misleading representations in support of her licence application to the SFC.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR103

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

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 

Newsletter – June 2017

Content

  1. Court of Appeal upholds SFAT’s ruling on SFC’s disciplinary action against Moody’s over Red Flags Report
  2. SFC commences insider dealing prosecutions over proposed privatisation of Integrated Distribution Services Group
  3. Former responsible officer convicted and fined for illegal short selling
  4. SFC issues restriction notice on IDS Forex HK Limited
  5. SFC bans Li Bo for eight months for failure in disclosing his personal trading
  6. SFC suspends former responsible officer of iSTAR International Futures Co. Limited for six months for failure in anti-money laundering
  7. SFC bans Fok Chi Kin for eight months for transferring proprietary information
  8. Market Misconduct Tribunal sanctions Greencool’s former chairman and senior executives for disclosure of false or misleading information

1. Court of Appeal upholds SFAT’s ruling on SFC’s disciplinary action against Moody’s over Red Flags Report

On 8 June 2017, the Court of Appeal has dismissed an appeal by Moody’s Investors Service Hong Kong Limited (“Moody’s”) against the Securities and Futures Appeals Tribunal’s decision to uphold the SFC disciplinary action in relation to a special comment report published by Moody’s in 2011.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR77

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

http://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=109835&currpage=T

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2. SFC commences insider dealing prosecutions over proposed privatisation of Integrated Distribution Services Group

On 9 June 2017, the SFC has commenced criminal proceedings in the Eastern Magistrates’ Court against Mr Lam Yik Tung, Mr Chan Lit Chun and Mr Anson Mui Ka Leung for alleged insider dealing in the shares of Integrated Distribution Services Group Limited.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR78

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3.  Former responsible officer convicted and fined for illegal short selling

On 9 June 2017, the Eastern Magistrates’ Court has convicted Mr Sammy Shiu Kin Keung after he pleaded guilty to illegal short selling in the shares of Share Economy Group Limited (formerly known as Vitop Bioenergy Holdings Limited), Global Tech (Holdings) Limited  and China Ocean Industry Group Limited (formerly known as China Ocean Shipbuilding Industry Group Limited) on 14 occasions.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR79
english_content

4.  SFC issues restriction notice on IDS Forex HK Limited

On 12 June 2017, the SFC issued a Restriction Notice on IDS Forex HK Limited prohibiting the firm from carrying on all activities for which it is licensed, disposing of or dealing with any assets held by it or held on behalf of its clients, and assisting, counselling or procuring another person to dispose of or deal with any such property without the SFC’s prior written consent.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=17PR81

For a copy of the Restriction Notice is available on the SFC’s website:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/openAppendix?refNo=17PR81&appendix=0

english_content

5.  SFC bans Li Bo for eight months for failure in disclosing his personal trading

On 13 June 2017, the SFC has banned Mr Li Bo, a former employee of The Hongkong and Shanghai Banking Corporation Limited, from re-entering the industry for eight months from 9 June 2017 to 8 February 2018 for breaching the SFC’s Code of Conduct due to his failure to disclose to his employer his personal trading account and beneficial interests in the securities accounts of his friend. Mr Li Bo also failed to obtain prior approval for his securities trading transactions in his friend’s accounts which deprived his employer the opportunity to monitor his trading activities.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR82

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=17PR82&appendix=0

 

6.  SFC suspends former responsible officer of iSTAR International Futures Co. Limited for six months for failure in anti-money laundering

On 19 June 2017, the SFC has suspended Mr Wu Biwei, former responsible officer and managing director of iSTAR International Futures Co. Limited, now known as Rifa Futures Limited, for six months from 16 June 2017 to 15 December 2017 for his failure to have proper safeguards in place against the risks of money laundering and terrorist financing associated with third party fund transfers.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR84

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=17PR84&appendix=0

 

7.  SFC bans Fok Chi Kin for eight months for transferring proprietary information

On 22 June 2017, the SFC has banned Mr Fok Chi Kin from re-entering the industry for eight months from 20 June 2017 to 19 February 2018 due to transferring proprietary information and client data of JPMorgan Funds (Asia) Limited (“JPFL”) without permission on several occasions prior to and immediately after his departure from JPFL.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR86

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=17PR86&appendix=0
english_content

 

8.  Market Misconduct Tribunal sanctions Greencool’s former chairman and senior executives for disclosure of false or misleading information

On 26 June 2017, the Market Misconduct Tribunal (“MMT”) today ordered the former chairman and chief executive officer of Greencool Technology Holdings Limited, Mr Gu Chujun, to disgorge HKD 481,969,785 of profit from his market misconduct. This is the largest disgorgement order amount ever imposed by the MMT to date.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR89

For a copy of the MMT report, please refer to:

(Part 1)
http://www.mmt.gov.hk/eng/reports/Greencool_Technology_Holdings_Limited_Report_e.pdf

(Part 2)
http://www.mmt.gov.hk/eng/reports/Greencool_Technology_Holdings_Limited_Report_PartII_e.pdf

 

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

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 

Newsletter – May 2017

Content

  1. Court of Appeal dismisses SFC’s appeal against MMT decision
  2. SFC reprimands and fines Promising Securities Company Limited HK$3.5 million
  3. SFC bans Tsap Wai Ping for two years
  4. SFC bans Bernie Wong Ching Man for four months
  5. SFC suspends Hui Lam Chiu for six months

1. Court of Appeal dismisses SFC’s appeal against MMT decision

On 28 April 2017, the Court of Appeal has dismissed an appeal by the SFC against the Market Misconduct Tribunal’s (“MMT”) findings that two former executives of Asia Telemedia Limited (now known as Reorient Group Limited), Mr Yiu Hoi Ying and Ms Marian Wong Nam, had not engaged in insider dealing.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR60

For a copy of the MMT Report, please refer to:

http://www.mmt.gov.hk/eng/reports/Report_of_ATML_e.pdf

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2. SFC reprimands and fines Promising Securities Company Limited HK$3.5 million

On 10 May 2017, the SFC has reprimanded and fined Promising Securities Company Limited HK$3.5 million for breach of the Code of Conduct and the Management, Supervision and Internal Controls Guidelines.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR66

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=17PR66&appendix=0

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3.  SFC bans Tsap Wai Ping for two years

On 19 May 2017, the SFC has prohibited Mr Tsap Wai Ping from re-entering the industry for two years from 19 May 2017 to 18 May 2019 for fitness and properness concerns.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR73

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=17PR73&appendix=0

4.  SFC bans Bernie Wong Ching Man for four months

On 22 May 2017, the SFC has prohibited Ms Bernie Wong Ching Man, a former employee of Citibank (Hong Kong) Limited, from re-entering the industry for four months from 19 May 2017 to 18 September 2017 for forging a client’s signature.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR74

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=17PR74&appendix=0

 

5.  SFC suspends Hui Lam Chiu for six months

On 22 May 2017, the SFC has suspended Mr Hui Lam Chiu, a former responsible officer of Guoyuan Securities Brokerage (Hong Kong) Limited, for six months from 19 May 2017 to 18 November 2017.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR75

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=17PR75&appendix=0

 

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

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected]