The Securities and Futures Commission is tasked with regulating Hong Kong's vibrant financial markets. The Securities and Futures Ordinance Cap 571, which came into operation in 2003, contains civil and criminal provisions for dealing with financial misconduct.
In this regard the SFC has a wide range of investigatory powers at its disposal under the provisions of the ordinance, including powers of compulsory provision of information under interrogation.
The SFC has power to bring its own prosecutions for criminal offences in the Magistrates Courts, but will pass on to the CCB or ICAC cases it has investigated but are to be tried in the higher courts.
Members of Liberty Chambers have wide experience in dealing with SFC investigations in both the civil and criminal contexts under the current legislation and its predecessors.
As with commercial crime and corruption investigations, a detailed knowledge of the relevant powers of the investigating agency and sound tactical and strategic advice are critical for a favourable outcome.