Introduction
Market
misconduct as defined in section 245 of the Securities
and Futures Ordinance (Cap. 571) ("SFO") comprises -
(a) insider dealing;
(b) false trading;
(c) price rigging;
(d) disclosure of information about prohibited transactions;
(e) disclosure of false or misleading information inducing transactions; and
(f) stock market manipulation.
The Market
Misconduct Tribunal ("MMT") was established in 2003
under the provisions contained in the SFO. In
accordance with the SFO, if it appears to the
Securities and Futures Commission (“SFC”) that market
misconduct or a breach of a disclosure requirement
under Part XIVA of the SFO has or may have taken
place, the SFC may institute proceedings before the
MMT. The MMT has jurisdiction to hear and determine
any question or issue arising out of or in connection
with the proceedings instituted under the SFO.
The MMT may
order a person identified to as having engaged in
market misconduct pay to the Government of the Hong
Kong Special Administrative Region an amount not
exceeding the amount of any profit gained or loss
avoided by the person as a result of the market
misconduct in question. The MMT may also make an order
that the person shall not, without leave of the Court
of First Instance, be a director, liquidator, or
receiver or manager of a corporation or acquire,
dispose of or deal in any securities, etc.
The Chairman
of the MMT is appointed by the Chief Executive on the
recommendation of the Chief Justice. In its
proceedings, the Chairman sits with two members who
are prominent members of Hong Kong's business and
professional community appointed by the Financial
Secretary under the authority delegated by the Chief
Executive. Every sitting of the MMT must be held in
public unless the MMT considers, in the interests of
justice, that a sitting (or any part of it) should be
held in private.
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