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In 2008, Hong Kong’s Court of Final Appeal issued a landmark judgment in Koon Wing Yee v Insider Dealing Tribunal deciding that if a regulator is seeking a financial penalty, the individual or company being investigated is, for human rights purposes, facing a criminal charge and entitled to fundamental Bill of Rights protections.

Hong Kong’s competition law was being drafted at the time. The enforcement framework and law were fundamentally rewritten because of Koon. The Administration said that appropriate criminal safeguards, including fair trial, protection against self-incrimination and standard of proof beyond reasonable doubt, must be in place both during investigation and trial to meet the requirements of the Hong Kong Bill of Rights. In 2019, in the first case to come to trial, Hong Kong’s Competition Tribunal agreed. 

These developments raise important issues about the procedure to be adopted in competition law investigations and prosecutions. We will review the implications from dawn raids and compulsory document/information requests through to compelled interviews and trial. We will explain how these principles play out in practice, and how you can best protect your business, directors and employees throughout the process. 

Kindly allow 2-3 business days to process your registration. Once your registration is confirmed, you will receive an automated email from Zoom with the webinar details. You may add the webinar to your calendar by clicking the “Add to Calendar” link from the confirmation email. You will also receive a reminder email from Zoom an hour prior to the webinar.

We look forward to welcoming you at the webinar.


Key Event Information
Thursday, 7 July 2022

3:30 pm – 4:30 pm (Hong Kong Time)


This webinar is complimentary but registration is required.

If you are unable to attend but would like to receive the webinar materials, please contact our team members listed below.  

CPD points
HK CPD point accreditation is being applied for.

Shan Chan (email)

Zoe Montenegro (email)

Highly acclaimed and Band 1 ranked Leading Antitrust Lawyer Stephen Crosswell is the current chair of Baker McKenzie's Asia-Pacific Antitrust & Competition Group. He is also the head of our Greater China Antitrust & Competition team. Clients laud Stephen for his "years of experience working on competition matters." He is described as a "vital resource for clients seeking to navigate the nuances not only of the new local competition law regime in Hong Kong but also across other Asian jurisdictions – including China." Stephen has been granted "Solicitor Advocate" status before the Hong Kong Courts, meaning that he is uniquely placed as a specialist competition advocate in Hong Kong, having rights of audience in the Competition Tribunal and appeal courts. He represented one of the parties to the first enforcement action taken in Hong Kong's Competition Tribunal.

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