The SFC, through its Enforcement Division, conducts formal investigations in Hong Kong. In addition to its investigative powers, the SFC has wide ranging powers including to take disciplinary action against SFC licensed corporations and licensed representatives, to seek civil remedies (for example, injunctions and freezing orders), to initiate proceedings for market misconduct before the Market Misconduct Tribunal and to prosecute certain securities related offences (for example, insider dealing offences). The SFC’s investigation powers include requiring the production of documents (and to require an explanation in respect of the same), requiring persons to attend interviews and to require all reasonable assistance in respect of the investigation.
It is therefore imperative at an early stage to accurately identify the matter being investigated and to fully understand your rights and obligations regarding the investigation which our regulatory and financial crime investigations lawyers will help you with.