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Principal's right to recover a bribe paid to a fiduciary proprietary or personal?
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 23 2011
The Privy Council decision of Attorney-General for Hong Kong v Reid 1994 1 AC 324 has generally been taken to hold that a principal has a proprietary right to a bribe paid to a fiduciary
Court of Appeal upheld SFC's appeal in Tiger Asia, confirming CFI's power to make final orders based on own finding of alleged market misconduct
- Herbert Smith Freehills LLP
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- Hong Kong
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- February 28 2012
The Securities and Futures Commission ("SFC") secured a victory in the Court of Appeal last week in its ongoing battle against the New York-based hedge fund Tiger Asia Management LLC and several of its officers
CFA rules on privilege against self-incrimination in anti-corruption investigations
- Herbert Smith Freehills LLP
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- Hong Kong
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- November 19 2012
In a decision handed down on 13 November 2012 the Court of Final Appeal (CFA) held that a non-suspect party which was required to provide information and documentation in the course of an investigation conducted under the Prevention of Bribery Ordinance (the POBO) could not invoke the privilege against self-incrimination
Court of Appeal rules partial waiver of privilege recognised in Hong Kong
- Herbert Smith Freehills LLP
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- Hong Kong
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- April 17 2012
In Citic Pacific Limited v Secretary for Justice (unrep, CACV 602011), the Court of Appeal considered the legal principles relating to the nature and extent of legal professional privilege, and held that the concept of partial waiver of privilege is recognised under Hong Kong law
Shanghai Land: Hong Kong Court of Appeal quashes conviction of banker
- Herbert Smith Freehills LLP
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- Hong Kong
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- April 1 2010
In September 2008, the Hong Kong District Court convicted two bankers, three financecorporate lawyers and a listed company financial controller, of conspiracy to defraud in connection with their work on the takeover of imGO (later renamed "Shanghai Land"
Shanghai Land: Hong Kong's highest court quashes convictions of all defendants
- Herbert Smith Freehills LLP
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- Hong Kong
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- September 28 2011
In 2008, the Shanghai Land case resulted in the conviction and imprisonment of six individuals, two bankers, three lawyers and a financial controller, for conspiracy to defraud
Tiger Asia management loses final jurisdictional challenge: Hong Kong's highest court confirms court's free-standing power to grant orders over contraventions of the securities and futures ordinance under Section 213
- Herbert Smith Freehills LLP
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- Hong Kong
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- May 16 2013
After over two and a half years since US-based hedge fund manager Tiger Asia Management LLC and its three officers (collectively "Tiger Asia") sought
Court has no jurisdiction under Section 213 of the SFO to determine contraventions of insider dealing provisions
- Herbert Smith Freehills LLP
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- Hong Kong
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- June 29 2011
The Court of First Instance has ruled that it does not have jurisdiction under section 213 of the Securities and Futures Ordinance (Cap. 571) ("SFO") to make a declaration that Tiger Asia Management LLC ("Tiger Asia") engaged in insider trading contrary to section 291(5) of the SFO
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- Workarea - Litigation
- Workarea - White Collar Crime
- Firm Name - Herbert Smith Freehills LLP
- Author - Gavin Lewis
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