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ARTICLE · 08 DECEMBER 2020

Handling SFC Interviews In SFC Enforcement Action

Timothy Loh LLP
Timothy Loh LLP
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Timothy Loh LLP

Timothy Loh LLP

Timothy Loh LLP is a leading independent law firm based in Hong Kong. We practice corporate law and...

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During SFC enforcement action, it is common for the SFC to require persons to attend before it to answer questions.

Hong KongCorporate/Commercial Law
During SFC enforcement action, it is common for the SFC to require persons to attend before it to answer questions. These SFC interviews provide an opportunity for the SFC enforcement team to gather information more efficiently and quickly than would be possible with written questions and answers. However, for the person being interviewed, the interviews offer very limited opportunity to give careful consideration to their answers. In this article, we outline the applicable law for SFC interviews and offer tips on how to handle an SFC interview.

The Securities and Futures Commission ("SFC") has a range of powers available to it to investigate possible wrongdoing in the Hong Kong securities and futures markets. One of these powers is the power to require a person to attend an SFC interview, or, in technical terms, the power to require the person to attend before an SFC investigator and answer any question relevant to an SFC investigation.

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