FAMV No. 42 of 2017
[2018] HKCFA 9
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 42 OF 2017 (CIVIL)
(On APPLICATION FOR LEAVE TO appeal from
CACV No. 103 of 2016)
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Between
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MOODY’S INVESTORS SERVICE HONG KONG LIMITED
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Applicant
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and
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SECURITIES AND FUTURES COMMISSION
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Respondent
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Appeal Committee :
Mr Justice Ribeiro Acting CJ, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination :
7 February 2018
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D E T E R M I N A T I O N
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Mr Justice Ribeiro Acting CJ:
1. We grant leave to appeal on the following question, namely:
“Does publication of a report having features such as the features contained in the applicant’s Special Comment Report constitute misconduct within the meaning of section 193 of the Securities and Futures Ordinance (Cap 571)?”
2. The appeal will be heard on a date to be fixed.
| (R A V Ribeiro) |
(Robert Tang) |
(Joseph Fok) |
| Acting Chief Justice |
Permanent Judge |
Permanent Judge |
Mr Paul Shieh SC, instructed by Linklaters, for the Applicant
Mr Benjamin Yu SC and Mr Laurence Li, instructed by Securities and Futures Commission, for the Respondent