Handling Investigation by the SFC

The HKCCA’s Executive Committee invites you to the following presentation, hosted by ONC Lawyers.

Drinks and sandwiches will be provided. Law Society of Hong Kong CPD point(s) has been accredited. New York and California Approved Jurisdiction policy may apply.

TOPIC: Handling Investigation by the SFC

Investigation by the Securities and Futures Commission (SFC) usually commences with the issue of a S.182(1) Notice requiring the recipient to attend an interview. At the interview the interviewee is duty bound to answer all the questions raised by the SFC and produce all the documents so required by the SFC. There is no right to silence. In some cases, the investigation my begin with a down raid in which the SFC officers, armed with the relevant search warrant, enter and search the premises of the person under investigation without prior notice and seek to collect evidence. Questions may be put to the suspect there and then. In all circumstances, the person being investigated is under an obligation not to disclose to, let alone discuss with, any other person about the investigation or he would risk committing an offence under S.387 which imposes on him a strict obligation as to secrecy. Other than being the regulator of the securities industry, the SFC also functions as an investigator and prosecutor. 

Therefore, dealing with investigation by the SFC requires a good understanding of the powers of the SFC investigators. 

Through this one-hour seminar the presenter will seek to share with the audience some of the essential skills and knowledge needed to handle an investigation by the SFC.

SPEAKER: Sherman Yan, Managing Partner, Head of Litigation & Dispute Resolution, ONC Lawyers.

Prior to joining ONC Lawyers, Sherman practised with an international law firm from its Hong Kong office, handling a wide range of shipping and logistics matters. As the Head of Litigation & Dispute Resolution at ONC Lawyers, Sherman frequently handles all types of complex commercial disputes, especially those involving listed company shareholders, as well as investigations, disciplinary hearings and prosecutions relating to the Securities and Futures Ordinance, in addition to his shipping practice.

Event Details:

If you have any suggestions for topics or speakers for future HKCCA events, please let us know at events@hkcca.net.

Please note this event is exclusively for HKCCA members. If you are not an HKCCA member but you want to attend this presentation, you need to successfully apply for membership at www.hkcca.net and pay the membership fee before registering for the event. If you have any membership queries, please contact HKCCA Secretariat on info@hkcca.net or (852) 2516 7007.