Contentious Regulatory

Our experienced contentious regulatory team advises clients and represents their interests in investigations by the Securities and Futures Commission (SFC), Hong Kong Monetary Authority (HKMA), Hong Kong Stock Exchange (HKEX), Hong Kong Competition Commission, Independent Commission Against Corruption (ICAC), Privacy Commissioner for Personal Data and the police, involving cases of a criminal, civil or disciplinary nature.

Scope of Services

• Anti-money laundering (AML): We represent clients on AML-related investigations brought by the SFC and HKMA, including assisting, advising and representing clients in relation to the exercise of enforcement powers by the SFC and HKMA e.g. SFC/HKMA interviews, document production and raids. We advise clients on potential liability arising from section 25 of the Organized and Serious Crimes Ordinance (i.e. the anti-money laundering provision) and the statutory obligations of reporting to the Joint Financial Intelligence Unit.

• Insider dealing: We advise clients on insider dealing investigations by the SFC. This includes handling execution of search warrants, clearing legal professional privilege issues and dealing with interviews and related civil proceedings or criminal prosecutions.  We regularly provide training to licensed corporations on insider dealing issues.

• Unauthorised collective investment scheme / public offer: We advise clients in relation to SFC investigations into potential contravention of the legislation concerning unauthorised collective investment schemes and unauthorised offers of investment products to the public, with cross border elements.

• Fit and proper investigations: We advise and represent clients in fit and proper investigations brought by the SFC relating to internal controls issues and individual conduct of staff members. This includes making submissions to the SFC, attending SFC interviews and document production. We also assist clients in making self-reports to the SFC / HKMA under para. 12.5 of the Code of Conduct.

• Mis-selling: We advise clients on SFC/HKMA/Police investigations on mis-selling of financial products, which frequently involves dealing with complex issues arising from parallel internal investigations and legal proceedings. We also advise senior management and individual staff members on dealing with the related SFC/HKMA investigations. Our team has extensive experience in advising clients on their regulatory obligations under the Code of Conduct.

• Anti-bribery and corruption: We advise and represent clients in relation to ICAC investigations, both persons under investigation and companies which are the victims of or witnesses to alleged corruption. We also advise clients in relation to criminal prosecutions arising from such investigations. On the compliance side, we advise on issues relating to the provisions of the Prevention of Bribery Ordinance and best practice.  We regularly provide training to corporations on the Prevention of Bribery Ordinance.

• Competition: We advise and represent clients in relation to investigations by the Hong Kong Competition Commission and represent clients in subsequent legal proceedings brought in the Competition Tribunal.  We have an in-house economist who is able to provide expert advice and opinion on the economic analysis of the case.  We also regularly provide training on the Competition Ordinance to corporations.

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