Court dismisses challenge to SFC’s investigative powers

18 Feb 2020



The Court of First Instance has dismissed judicial review applications against the Securities and Futures Commission (SFC) in connection with a search operation it conducted for ongoing investigations into suspected breaches of the Securities and Futures Ordinance (SFO) (Note 1).

The judicial review applications were brought separately and concurrently by Mr Cyril Cheung Ka Ho, Mr To Hang Ming, Mr To Lung Sang, Mr Jacky To Man Choy and Mr Wan Wai Lun.  They sought to challenge search warrants issued by two Magistrates in July 2018 on the basis that they were unlawful or invalid for want of specificity.

They also alleged that seizures of the digital devices pursuant to the search warrants, the SFC’s continued retention of the devices and notices issued by the SFC under the SFO for the production of emails or passwords for the devices or email accounts were unlawful, and interfered with their right to privacy under the Basic Law and the Hong Kong Bill of Rights.

The Hon Mr Justice Anderson Chow rejected their applications and held in his judgment that:

The applicants were ordered to pay the SFC’s legal costs.

The SFC’s investigations are ongoing.

End

Notes:

  1. The judgment is available on the Judiciary’s website (Court Reference: HCAL 2132, 2133, 2134, 2136 & 2137/2018).


Page last updated : 18 Feb 2020