Market Misconduct

SFC Bans Mr. Poon Chun Hing From Re-entering Industry for Life
SFC Bans Mr. Poon Chun Hing From Re-entering Industry for Life 1400 788 Hauzen LLP
Readers are reminded to be alert if approached with securities & futures investments or dealing with anyone claiming they are licensed / registered in Hong Kong

Insurance Authority Reprimands & Fines Insurer for Contraventions of AML & CTF Ordinances
Insurance Authority Reprimands & Fines Insurer for Contraventions of AML & CTF Ordinances 1400 788 Hauzen LLP
MetLife (now FWD Life) & Metropolitan Life Insurance (now FWD Life Assurance) fined HK$7 million. It is clear that the IA takes these failures very seriously.

SFC’s Circular to licensed corporations – Operation of Bank Accounts
SFC’s Circular to licensed corporations – Operation of Bank Accounts 1401 788 Hauzen LLP
The Securities and Futures Commission (“SFC”) issued a circular to licensed corporations (“LC”) on 28 June 2021 warning against unsatisfactory practices in the operation of bank accounts of LCs (the “Circular”). 

SFC warns unregulated virtual asset platforms
SFC warns unregulated virtual asset platforms 1400 787 Hauzen LLP
The Securities and Futures Commission warns unregulated virtual asset platforms

Court of Appeal grants SFC compensation orders against former directors of EganaGoldpfeil
Court of Appeal grants SFC compensation orders against former directors of EganaGoldpfeil 1401 786 Hauzen LLP
Court of Appeal grants the Securities and Futures Commission $622 million compensation orders against former directors of EganaGoldpfeil (Holdings) Ltd.

The Court of First Instance orders boiler room fraudsters to compensate investors
The Court of First Instance orders boiler room fraudsters to compensate investors 150 150 Hauzen LLP
Boiler room fraudsters ordered to compensate investors after finding that none of the investments in securities / futures products agreed were ever executed.

The Securities and Futures Commission (the “SFC”) reprimanded and fined Ewarton Securities Limited
The Securities and Futures Commission (the “SFC”) reprimanded and fined Ewarton Securities Limited 1400 788 Hauzen LLP
The Securities and Futures Commission reprimanded and fined Ewarton Securities Limited for internal control failings and breaches of the SFC’s Code of Conduct.

Market Misconduct Tribunal sanctions Magic Holdings International Limited and its five directors
Market Misconduct Tribunal sanctions Magic Holdings International Limited and its five directors 150 150 Hauzen LLP
On 11 March 2021, the Market Misconduct Tribunal fined Magic Holdings International Limited and five of its directors a total of $4 million after they were found to be culpable of late disclosure of inside information on L’Oréal S.A.’s proposed acquisition of Magic in 2013.

Insider Dealing: Defences
Insider Dealing: Defences 1400 788 Hauzen LLP
Under sections 271 and 292 of the SFO, a person or corporation may avail himself of a defence if he falls within one of the categories set out in this article.

What Constitutes Insider Dealing?
What Constitutes Insider Dealing? 1400 788 Hauzen LLP
Insider dealing is defined under the SFO to arise under the three circumstances and under each circumstance, inside information may originate from two kinds of sources: someone connected with a corporation or someone involved with a proposed take-over offer for a corporation.
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