"C' and Others v. Securities and Futures Commission

Case No.FAMV No. 47 of 2009
Court
Court of Final Appeal
Date11 Dec 2009
JudgeMr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ
Case Document
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FAMV No. 47 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 47 OF 2009 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 319 OF 2008)

_____________________

Between:

  “C” 1st Applicant
  “E” 2nd Applicant
  “F” 3rd Applicant
  - and -  
  SECURITIES AND FUTURES COMMISSION Respondent

_____________________

Appeal Committee:

Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing:
Date of Determination:

11 December 2009
11 December 2009

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D E T E R M I N A T I O N

______________________

Mr Justice Bokhary PJ :

We grant leave to appeal to the Court of Final Appeal. Without limiting the scope of appeal, we simply say that a serious and important question arises as to the true function and scope of s.213 of the Securities and Futures Ordinance, Cap.571.

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(RAV Ribeiro)
Permanent Judge

Mr Charles Sussex SC (instructed by Messrs Johnny K K Leung & Co.) for the applicants

Mr Roger Beresford (instructed by Securities and Futures Commission) for the respondent