Hong Kong SFC enforcement trends

2017 ◽  
Vol 18 (1) ◽  
pp. 105-106
Author(s):  
Denis Brock ◽  
Amanda Beattie

Purpose To discuss likely trends in the enforcement activities of the Securities and Futures Commission (SFC) in Hong Kong and to explore key areas of focus and what impact they may have on Hong Kong companies. Design/methodology/approach Discusses the SFC’s most important current areas of focus, the need for cooperation with other regulators such as those in mainland China, and a recent increase in disclosure obligations for listed companies. Findings The SFC’s principal areas of focus are currently corporate fraud and malfeasance, market manipulation, and intermediary misconduct. Originality/value Expert guidance from experienced commercial and corporate lawyers.

2019 ◽  
Vol 22 (1) ◽  
pp. 71-81
Author(s):  
Celine S.M. Cheng ◽  
Amanda P.Y. Lau

Purpose The purpose of this paper is to review cases about complaints of abortuses handling in Hong Kong, and to further propose policy recommendations to help comfort parents with respect and dignity toward abortuses. Design/methodology/approach There is a systematic review of articles/newspapers related to the practice and regulation of abortuses handling in Hong Kong and overseas countries. Also, point of views among stakeholders are selected from: newspapers, patients’ groups, Hong Kong SAR Government’s websites, radio programmes’ interviews, related organizations’ websites, blogs from legislative councilors and lawyers. Findings Since parents suffered from miscarriage before 24 weeks’ pregnancy are increasingly willing to share their experiences and struggled for arranging a legal funeral for their children, Hong Kong SAR Government is able to understand these parents’ needs and hence set up more “Angel Garden” in both the public and the private cemeteries. Yet, the provision of funeral and cremation services are still not comprehensive. Existing measures from Mainland China and overseas countries to handle abortuses and to provide support for parents are analyzed. More critically, ethical concern on handling abortuses as one of the clinical wastes is further included in the discussion. Originality/value Although all less than 24 weeks’ fetuses cannot be given any Certificate of Stillbirth, respect and dignity can still be presented toward their parents by flexible regulation. After discussing the related measures on handling abortuses from other countries, some of their humane regulations are feasible to be applied to Hong Kong.


2008 ◽  
Vol 11 (4) ◽  
pp. 345-357 ◽  
Author(s):  
David Y.K. Kwok

PurposeThe purpose of this paper is to provide an overview of the anti‐money laundering laws of Hong Kong, in particular the Organised and Serious Crimes Ordinance.Design/methodology/approachAn analysis of the legislation with respect to anti‐money laundering as well as relevant case law.FindingsHong Kong authorities are serious about fighting money laundering crimes. The statutory scheme in Hong Kong is comprehensive and in line with international standards.Originality/valueBy discussing the key statutory provisions and the important cases, this paper provides a comprehensive overview of the anti‐money laundering laws of Hong Kong. This paper is of value to lawyers, prosecutors, academics, law students, etc. in not only Hong Kong, but in the region including mainland China.


2017 ◽  
Vol 18 (3) ◽  
pp. 82-84
Author(s):  
Gareth Hughes ◽  
James Comber

Purpose To remind sponsors to adopt an attitude of “professional skepticism” in Hong Kong IPOs. Design/methodology/approach Explains the Securities and Futures Commission (“SFC”)'s sanction on BOCOM International (Asia) Limited (“BIAL”) as a sign of determination to hold sponsors to account as gatekeepers to the Hong Kong capital markets. Findings The SFC has reprimanded and fined BIAL HK$15 million for failing to discharge its duties as a sole sponsor in a listing application for China Huinong Capital Group Company Limited (“China Huinong”), a company established in the PRC. This substantial fine reinforces the need for sponsors to ensure that they fully and properly discharge all of their duties, and that they will be held responsible for any failure to do so, even if the listing is not ultimately approved. Practical implications If sponsors fail to fulfil the requirements required under the sponsors’ regulatory regime, the SFC will be proactive and impose tough sanctions, even if the listing application is eventually withdrawn or returned by the SEHK. Originality/value Practical guidance from experienced regulatory, financial and commercial dispute resolution lawyers.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ka Ki Lawrence Ho ◽  
Ying-Tung Chan

Purpose This study aims to examine Hong Kong’s responses to COVID-19, arguing that Hong Kong’s relatively low infection rate is due to self-discipline of citizens together with the enforcement measures introduced by the government. Design/methodology/approach This study reviewed the government policy announcements and the prevailing scholarly analyses on Hong Kong society during COVID-19. Findings It starts by examining the partial lockdown and control measures since mid-January, and the roles of different government units in enforcement were examined and assessed. Suppression of viral outbreak in Hong Kong should primarily be attributed to the appropriate lockdown and quarantine actions of the government. Originality/value However, outperformance of the frontline professionals and the highly aware, self-disciplined and mutually aided citizens in the community are also the key to the “interim success” by June 2020 in the highly accessible and densely populated city.


2017 ◽  
Vol 31 (7) ◽  
pp. 1135-1146 ◽  
Author(s):  
Wai Sing Cheung ◽  
Jocelyn Lai Ngok Wong

Purpose The purpose of this paper is to study how reflection affects the teacher change with a focus on teaching practices under education reforms in Hong Kong. Design/methodology/approach This study adopted narratives as the research design to unveil the contents of teachers’ reflection and how the contents affect their change in teaching practices under education reforms. Findings The study finds that teachers’ reflection starts with completion of curriculum (“technical level”), then consideration of students’ learning needs (“practical level”) and finally, the social justice and equality (“critical level”). The levels of reflection teachers engage have significant influence on their change. The higher the level of reflection teachers have, the more motivated the teachers to explore new teaching practices not only for the learning needs of students in classroom but also for the society outside classroom. Originality/value This study underlines the value of reflection in the process of teacher change in their teaching practices.


2017 ◽  
Vol 59 (5) ◽  
pp. 673-686
Author(s):  
Mahdi Salehi ◽  
Ali Asgar Alinya

Purpose This paper aims to investigate the relationship between corporate governance and auditors switching of listed companies on the Tehran Stock Exchange. Design/methodology/approach To achieve the objectives of this study, 12 hypotheses developed which and tests the relationship between corporate governance and selecting and switching auditors in Iran during 2008-20014 by selecting 116 listed companies on the Tehran Stock Exchange. To test the hypotheses, the cross-sectional time-series nature of research variables data, panel analysis is used. Also, to investigate the relationship between independent and dependent variables in each year, the logistic regression is used. Findings The results of the study indicate that there is a weak relationship between corporate governance auditors switching. Therefore, it could be concluded that there are some other effective factors on which selecting and switching auditors in studied companies are more dependent. Originality/value The current study is almost the first study which has been conducted in Iran, so the results of the study may be beneficial to the Iranian conditions as well as other developing countries.


2017 ◽  
Vol 6 (1) ◽  
pp. 72-82 ◽  
Author(s):  
Luen Tim Percy Lui

Purpose The purpose of this paper is to examine how institutional designs governing the executive-legislative relations in the Hong Kong Special Administrative Region (HKSAR) have weakened the government’s capacity to effectively govern the HKSAR. Design/methodology/approach This paper examines institutional designs and rules that govern Hong Kong’s executive-legislative relations. It uses the case of the HKSAR Legislative Council (LegCo) to illustrate the impacts of institutional designs and rules on the performance of political institutions and government performance. Findings This paper finds that institutional designs and rules do affect the performance of a political institution. This paper suggests changes to the institutional designs and rules that govern the operation of the HKSAR LegCo, and the interaction between the legislature and the executive so as to create a facilitative context for good governance. Originality/value Studies on governance in Hong Kong mostly focus on individual institution’s behavior and performance. This paper studies the problem of governance in Hong Kong from the perspective of executive-legislative relations. It adopts the institutional theory to examine the behavior, performance, and interaction between the legislative and executive branches.


2017 ◽  
Vol 30 (2) ◽  
pp. 473-502 ◽  
Author(s):  
Christina Ling-hsing Chang ◽  
Jim Q. Chen

Purpose The purpose of this paper is to understand the impact of Chinese culture on the information ethics perception gaps between Chinese and American students. Design/methodology/approach Using a qualitative approach, this study utilizes Kohlberg’s Cognitive Moral Development model and an open-ended questionnaire to measure and analyze the gaps among information ethics perceptions of students from Taiwan, Mainland China, Hong Kong, and the USA, and to assess the extent to which the gaps are influenced by Chinese culture. Findings Students’ perceptions of intellectual property, information accuracy, privacy, and accessibility (PAPA) are deeply influenced by national culture. Sub-cultures have significant impact on the perceptions. Political systems, history, and legal environment may also play a role in the differences of PAPA perceptions among the three Chinese societies. The study also revealed that accuracy and intellectual property are the most deficient areas of moral developments in both Chinese and American samples. Research limitations/implications The sample sizes from Hong Kong and the USA were relatively small due to resource and time constraints. In addition, the subjects from Hong Kong and the USA were a little bit older than the subjects from Taiwan and Mainland China due to the fact that universities in HK and USA tend to have more non-traditional students than in universities in Mainland China and Taiwan. Second, the questionnaire is a limited means of studying moral reasoning because the results are likely to reflect espoused theory rather than theory-in-use. Practical implications The educational implication of this study calls for a renewed approach to educate students on the importance of information ethics for the sake of sustained economic development. Originality/value The novelty of this research lies in its interpretation of students’ PAPA perceptions and fresh insights from a Chinese guanxi perspective.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ryuta Hagiwara

Purpose This paper aims to highlight key challenges to the rule of law in Hong Kong. Design/methodology/approach This study deploys a historical and legal approach to explore the key challenges to the rule of law in Hong Kong. In particular, this paper analyzes legal conflicts in Hong Kong. Findings The findings show how the rule of law in Hong Kong has become a prominent battlefield of a constitutional struggle between Hong Kong Law and Chinese Law. Originality/value This paper hypothesizes that the conflicts arise from the different interpretations and conceptualizations of the rule of law between China and Hong Kong.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Karl Nunkoosing

Purpose The purpose of this paper is to provide a commentary on Alex Cockain’s article “De-fusing and re-fusing face-to-face encounters involving autistic persons in Hong Kong”. Design/methodology/approach The commentary considers the issues raised in Cockain’s article primarily from a focus on Goffman’s concept of “stigma”. Cognitive, emotional and behavioural components of stigma are examined and its wider relevance considered. Findings There has been less research on the stigma of learning disability than on that of mental health, despite a very early study of learning disability (Edgerton, 1967) using the concept only four years after the publication of Goffman’s (1963) seminal work. A number of points of relevance of stigma are identified including to social role valorisation, visible and invisible stigmas, the concept of “passing”, microaggression, disablism and labelling. Originality/value The commentary illustrates the relevance of the concept of stigma to other aspects of learning disability and disability scholarship.


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