Lead counsel former employee of a bank in respect of suspicions of fraud and dishonesty
We are a market leader in Hong Kong in white collar crime and regulatory defence. Our expertise in this area forms part of our Financial Services Regulatory practice, for which we have been consistently recognized as an outstanding, leading and recommended practice by independent editorial publications, including the International Financial Law Review 1000 (ILFR1000), the Legal 500, Chambers and Partners and Asialaw Profiles, and for which our lawyers are consistently recognized as “leading”, “highly regarded”, “well regarded” and “market-leading” lawyers.
We represent clients who are the subject of investigations or enforcement action by the authorities, including:
the Securities and Futures Commission (“SFC”)
the Insurance Authority (“IA”) (and, prior to the introduction of the statutory licensing regime for insurance agents and brokers under the new Insurance Ordinance (“IO”) (formerly the Insurance Companies Ordinance), disciplinary proceedings before the insurance self-regulatory organizations and their appeal tribunals)
the Hong Kong Monetary Authority (“HKMA”)
the Hong Kong Exchanges and Clearing (“HKEx”) and its subsidiary, the Stock Exchange of Hong Kong (“SEHK”)
the Commercial Crime Bureau (“CCB”)
the Independent Commission Against Corruption (“ICAC”)
The Securities and Futures Appeals Tribunal can overturn SFC decisions but more than disagreement as to how the SFC exercised discretion is required
This article provides guidance on how a person who receives an SFC investigation notice should respond to the SFC investigation
SFC investigations may take place through a search warrant authorizing forcible entry and the search and seizure of documents.