SFC Appellate

Overview

We have a market leading practice handling appeals from SFC enforcement action. Our SFC Appellate practice is part of our Financial Services Regulatory offering, for which we have been consistently recognized as an outstanding, leading and recommended practice by independent editorial publications, including the International Financial Law Review 1000 (ILFR1000), the Legal 500, Chambers and Partners and Asialaw Profiles, and for which our lawyers have been consistently recognized as “leading”, “highly regarded”, “well regarded” and “market-leading” lawyers.

We are one of a small number of Hong Kong law firms who have represented clients in landmark appellate cases and multiple appeals from SFC prosecutions from the Market Misconduct Tribunal (“MMT”) to the Court of Appeal (“CA”) and the Court of Final Appeal (“CFA”), the highest appellate court in Hong Kong.

Our appellate work in this area has set precedents in a number of significant areas of securities law in Hong Kong, including in respect of the scope and application of the professional investors exemption under section 103 of the Securities and Futures Ordinance (“SFO”) and the standard of care in respect of the disclosure of false or misleading information inducing transactions under section 277 of the SFO.

We routinely advise clients in SFC investigations and prosecutions as to the likelihood of success before the Hong Kong courts or the Securities and Futures Appeals Tribunal (“SFAT”) should they contest liability for breaches alleged by the SFC.