Read the full judgment text of FAMV 000053/2008 on BabelCite. This FAMV judgment was delivered on 17 February 2009 before Chief Justice Li, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ.
Constitutional law – privilege against self-incrimination – Bill of Rights – Article 10 right to fair trial – Article 11(2)(g) testimonial privilege – Securities and Futures Ordinance – Market Misconduct Tribunal – civil sanctions – disgorgement of profits – damages – whether MMT proceedings criminal in nature – premature judicial review – application for leave to appeal – Court of Final Appeal – applicant served with compulsory SFC interview notice under s.183(1) SFO – applicant refused to answer on self-incrimination grounds – courts below dismissed as premature – broader privilege under Article 10 acknowledged but not engaged because MMT proceedings are civil, not criminal – powers under ss.257 and 281 are separate civil remedies – no risk of criminal self-incrimination due to s.187(2) prohibition – constitutional challenge to MMT impartiality premature – leave application dismissed with costs
Legal issues: Broader privilege against self-incrimination under Article 10 of the Bill of Rights · Constitutional challenge to MMT impartiality as premature
Outcome: Application for leave to appeal dismissed with costs.
Cited by 3 cases · Cites 1 case