Financial Crime and Market Misconduct in Hong Kong

This book serves as a comprehensive resource that integrates both the civil and criminal aspects of law as they relate to financial regulation and misconduct more broadly. This area of law can be challenging to access, even for legal professionals, as it straddles the realms of criminal, civil and regulatory practice. This book is a valuable resource not just for lawyers, but also for those working within the broader financial sector. 

It offers up-to-date commentary on case law and tribunal decisions in Hong Kong. The text itself intends to highlight and discuss the key principles, while the footnotes contain detailed references and cross references to all the relevant authorities. This extensive reliance on authorities means that the reader can, if necessary, dive much deeper into particular areas and be sure that the principles stated in the text rest on sound authority. 

The book will provide a rich resource for anyone operating in the financial sector in Hong Kong, or those abroad who have dealings with the Hong Kong markets. 

The first part of the book delves into key criminal offences and investigatory powers related to financial misconduct in Hong Kong. It commences with an examination of what is likely the most prevalent financial crime: money laundering. This area has a significant body of jurisprudence emanating from the Court of Final Appeal, reflecting its unique application in Hong Kong. Following this, the text explores restraint and confiscation orders, seeking to give clarity to these complex statutory provisions. Subsequent chapters focus on letters of no consent, a subject of recent controversy in Hong Kong, and warrants, which are central to the investigation of any criminal or potentially criminal offence within the jurisdiction.

The subsequent eight chapters focus on the 'civil' or 'regulatory' aspects. These chapters comprehensively examine the structure of various tribunals, including the Securities and Futures Appeal Tribunal and the Market Misconduct Tribunal. The book offers an in-depth analysis of key forms of market misconduct, such as insider dealing and false trading. A thorough examination of one of the key provisions in the Securities and Futures Ordinance, section 213, is provided. Additionally, the book offers an in-depth explanation of investigations conducted by the SFC, highlighting the significance of effectively responding to and managing regulatory inquiries.

One of the objectives of this book is to consolidate the diverse aspects of criminal and civil practice related to the regulation of financial conduct in Hong Kong. Throughout the book, connections are made between these areas to illustrate their interrelations. The text provides detailed references, serving as an informative resource on this area of law.