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Hong Kong
criminal chargepresumption of innocenceinsider dealingarticle 39 iccpr incorporation
Koon Wing Yee v Insider Dealing Tribunal
Koon Wing Yee v Insider Dealing Tribunal (2008) 11 HKCFAR 170 (also sub nom Koon Wing Yee v Financial Secretary)
Key Principle
Where proceedings, though labelled civil, are in substance criminal because they expose a person to a punitive sanction for seriously dishonest conduct, the criminal-charge protections of Article 11 of the Hong Kong Bill of Rights apply, including the presumption of innocence and proof beyond reasonable doubt; the Insider Dealing Tribunal's punitive fining power, applied on a civil standard, was therefore unconstitutional.
Area of Law
constitutional
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