Regulatory

22Aug2018

Legal update: The New Open-Ended Fund Company Regime in Hong Kong

Introduction On 30 July 2018, the new Open-Ended Fund Company (“OFC”) regime came into operation which introduced the OFC as a new form of corporate vehicle in Hong Kong. The legal framework of this new OFC regime consists of the three main pieces of legislation:…Read More

30Jul2018

Legal update: Magistrate acquitted a broker of illegal short selling on re-trial

Case background Mr Wong Hung who was licensed to carry on Type 1 regulated activity (dealing in securities) under the Securities and Futures Ordinance (Cap. 571) (“SFO”) was charged by way of summons on 20 counts of illegal short selling. The Securities and Futures Commission…Read More

08Jun2018

Pádraig Walsh speaks at Dutch Chamber of Commerce cryptocurrency event

Corporate and Commercial Partner Pádraig Walsh was one of two speakers in today’s Dutch Chamber of Commerce breakfast event “Cryptocurrencies are here to stay! And now what?“. Co-presenter Wayne Trench of Octagon discussed the opportunities of cryptocurrencies, while Pádraig presented the challenges, considerations and constraints from…Read More

06Jun2018

Legal update: Ten myths about token sale regulation in Hong Kong

No part of the tech universe has a greater abundance of myths than the crypto space, and no part of the crypto space has a deeper black hole of urban legends than the weird and wonderful world of token sales. Here are some of the…Read More

05Feb2018

Edmond Leung speaks at TTN Conference 2018

Partner Edmond Leung spoke at the Transnational Taxation Network’s Tax Conference, held today 5 February at The Park Lane Hotel in Causeway Bay. Edmond’s talk covered many important aspects of SFC Licensing, the Securities and Futures Ordinance and important considerations when selecting and appointing Managers-in-Charge (MICs)….Read More

24Jan2018

Legal update: SFC bans former Investment Counsellor for taking confidential client lists

The Securities and Futures Commission (“SFC”) announced on 22 January 2018 that under section 196(1)(iii) of the Securities and Futures Ordinance (“SFO”) it has banned former DBS Bank employee Mr Chan Wai-Nun from re-entering the industry for a period of 6 months, on the grounds…Read More

15Jan2018

Edmond Leung to speak at TTN Hong Kong Tax Conference

Partner Edmond Leung will be speaking at this year’s Transnational Tax Network Hong Kong Tax Conference. Held at The Park Lane Hotel in Causeway Bay on 5 February, the Conference is one of three worldwide conferences that TTN is hosting this year, with Miami and…Read More

14Nov2017

Legal update: Court of Appeal upholds insider dealing and fraud decision in favour of SFC against two solicitors

Case background On 9 November 2017, the Court of Appeal (“CA”) dismissed the appeal by a solicitor, Eric Lee, and Eric’s two sisters, Patsy Lee and Stella Lee, against the judgment by the Court of First Instance (“CFI”) finding them guilty of insider dealing and…Read More

18Oct2017

SFC announces full roll-out of Manager-In-Charge regime

In January this year, we wrote about upcoming changes to the Manager-In-Charge Regime. It was announced then that Managers-In-Charge (MIC) of eight core functions should have applied for approval to become Responsible Officers (ROs) by 16 October 2017. In addition, licensed corporations and corporate licence…Read More

12Oct2017

Legal update: SFC bans investment consultant for four months for taking client orders on an unrecorded mobile phone

The Securities and Futures Commission announced yesterday that Mr Xu Tao, a former investment consultant of China International Capital Corporation Hong Kong Securities Limited (CICC), has been banned from trading for four months. Mr Tao had used his mobile phone and WeChat messaging application to…Read More

28Sep2017

Legal update: Completion of newly announced e-courses by Responsible Officers and Representatives will earn Continuous Professional Training (CPT) hours

The Securities and Futures Commission (SFC) and Hong Kong Securities and Investment Institute (HKSI) have announced the launch of its online Advanced Learning Platform (ALP) today. The ALP will enable licensed Responsible Officers and licensed Representatives to learn relevant skills and techniques online at a…Read More

22Sep2017

First Hong Kong criminal conviction for actively marketing unlicensed regulated activities carried out overseas

Case background On 21 September 2017, the Securities and Futures Commission (“SFC”) issued a press release about its conviction against ETRADE Securities (Hong Kong) Limited (“ETrade HK”) for actively marketing to the Hong Kong public US brokerage services provided by E*TRADE Securities LLC (“ETrade US”)….Read More