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Heman Lee

Heman Lee is special counsel of Baker McKenzie's Hong Kong office and a member of the Dispute Resolution Group. His practice focuses on anti-bribery investigations/disputes, regulatory investigations/disputes (including anti-money laundering, insurance and other matters), general commercial litigations and international arbitrations. Heman has experiences in handling regulators including ICAC, SFC, HKMA, HKEx and the Insurance Authority.

The Court of First Instance has recently discussed the Court’s discretionary power in allowing private companies to be carved out from disqualification orders made against former directors of a listed company under s.214 of the Securities and Futures Ordinance (“SFO”). The Court retains discretion in deciding whether exemptions to disqualification orders should be granted in the circumstances. We discuss the principles and key factors considered by the Court in dealing with such carve-out applications below.

In Securities and Futures Commission v Yiu Hoi Ying Charles and Others (FACV5/2018), the Court of Final Appeal (CFA) handed down a landmark decision on the innocent purpose defence under section 271(3) of the Securities and Futures Ordinance (SFO). The CFA ruled that the respondents “used” the price sensitive information (PSI) when they sold…