[2021] HKCFA 41, SECURITIES AND FUTURES COMMISSION V. YIU HOI YING CHARLES AND ANOTHER (and 1 other) - Judgment, Outcome & Holding

Judges (1)

Counsel (4)

Securities and Futures Commission Firm Sit, Fung, Kwong & Shum Firm Norman Nip Counsel Appellant Samuel Wong Counsel Respondent

Parties (4)

Market Misconduct Tribunal Respondent Securities and Futures Commission Applicant Wong Nam Marian Respondent Yiu Hoi Ying Charles Respondent

Summary

The Securities and Futures Commission appealed against decisions of the Market Misconduct Tribunal and the Court of Appeal regarding insider dealing allegations against Yiu Hoi Ying Charles and Wong Nam Marian in shares of Asia Telemedia Limited. The key issue was the proper approach to determining whether information was 'specific' for the purposes of insider dealing provisions. The Court addressed the standard of proof and the meaning of 'specific information'.

Statutes Cited

Securities and Futures Ordinance (Cap 571)

s 271(3)

Cases Cited (10)

UK (6)

[1901] 2 Ch 763 [1908] 2 Ch 127 [2003] EWHC 9037 [2006] EWHC 443 [2014] EWHC 4117 [2020] EWHC 235

HK (4)

(2018) 21 HKCFAR 475 [2018] HKCFA 44 [2018] HKCFI 463 [2020] HKCFI 2978

Cited By (1)

[2024] HKCFI 3552

NG YIU CHI V. NG KWOK PIU PHILIP

Citation influence

HKLII records this judgment as cited by 2 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2024] HKCFI 3552 Court of First Instance

9 December 2024

[2025] HKCFI 2475 Court of First Instance

13 June 2025