This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

International In-house Counsel Journal logoInternational In-house Counsel Journal logo
Back to library search

A Typical Day When the Regulator comes Knocking on your Door

Abstract

In Hong Kong, it is not uncommon for regulators to conduct unexpected raids at companies' offices. Are companies in Hong Kong well prepared to tackle "dawn raids" conducted by regulators? What are the key issues that companies need to be aware of when a regulator goes knocking on their door? In this article, we look at the typical things which regulators do when they arrive at a company's office to conduct a raid and provide a checklist of the issues which a company should consider in response. From issues such as the regulator's search powers (including the power to seize electronic devices such as computers and mobile phones) and search protocol to the company's rights to legal professional privilege and privilege against self-incrimination, the article aims to equip companies with some basic knowledge which hopefully will assist them to become fully geared when a regulator goes knocking on their door. We will also discuss a recent court case in which the Court confirmed that the Securities and Futures Commission ("SFC") has the power to seize electronic devices and may also issue a notice to require the provision of login names and passwords to email accounts and digital devices.

Authors

Portrait image of Valarie Fung
Valarie Fung
Partner, Yang Chan & Jamison (Member Firm Of Deloitte Legal), Hong Kong

Valarie is a dispute resolution and regulatory lawyer. She has been providing legal services and advice to financial institutions, listed companies, multinational corporations, liquidators, trustees-in-bankruptcy, receivers and high net worth individuals for many years. Valarie specializes in handling: - litigation and arbitration (including but not limited to commercial and contractual disputes, shareholders disputes, banking-related disputes and probate disputes); - regulatory investigations by the Securities and Futures Commission, the Hong Kong Monetary Authority, the Stock Exchange of Hong Kong and the Independent Commission against Corruption, involving market misconduct in the securities market, anti-money laundering and anti-bribery; - insolvency, bankruptcy and receivership; and - employment and restraint of trade.

Portrait image of Catherine Leung
Catherine Leung
Senior Associate, Yang Chan & Jamison (Member Firm Of Deloitte Legal), Hong Kong

Catherine is a dispute resolution and regulatory lawyer. She acts for clients in general commercial litigation including debt recovery and asset tracing, contractual disputes, shareholders’ disputes, employment disputes and arbitration proceedings, etc. Catherine also advises clients, including financial institutions, listed companies and their directors and employees in regulatory investigations involving the Securities and Futures Commission and the Hong Kong Stock Exchange and in anti-corruption investigations involving the Independent Commission Against Corruption.

Companies

Yang Chan & Jamison (Member Firm Of Deloitte Legal)

Yang, Chan & Jamison LLP is an independent law firm associated with Deloitte Legal.

Yang Chan & Jamison (Member Firm Of Deloitte Legal)

Yang, Chan & Jamison LLP is an independent law firm associated with Deloitte Legal.

Related Papers

Canadian Policy and Corporate Governance Recommendations to Address the United States’ Tariffs
Canada is one of the few countries in the world experiencing the most pronounced effects, including financial and job losses, of President Trump’s tariffs (i) upon exports of Canadian goods,...Read more
Portrait image of Richard Leblanc
Richard Leblanc
President, Boardexpert com Inc, Canada
UK Economic Crime and Corporate Transparency Act 2023 - Failure to prevent fraud: Storm in a tea cup?
The Failure to Prevent Fraud offence contained within the UK Economic Crime and Corporate Transparency Act 2023 (ECCTA) finally comes into effect on 1 September 2025 following the release of...Read more
Portrait image of Steve Holt
Steve Holt
Partner, Grant Thornton UK, UK
Portrait image of Oishi Ghosh
Oishi Ghosh
Forensic Investigation Services Manager, Grant Thornton UK, UK
Portrait image of Ollie Haselden
Ollie Haselden
Assistant Manager within the Forensics and Investigations department, Grant Thornton UK, UK
The Current Status of Diversity, Equity, and Inclusion Efforts in U.S. Companies: Challenges, Progress, and Future Directions
Diversity, equity, and inclusion (DEI) initiatives have become central to the missions of many U.S. companies. These efforts seek to address historical inequities, foster inclusive environments, and serve an increasingly...Read more
Portrait image of Mary Kennard
Mary Kennard
Vice President & General Counsel (retired), American University, USA
Key Issues and Impacts from Notable Enforcement Actions by U.S. Regulators in 2024
This article explores three notable U.S. enforcement actions of 2024 and the key issues and impacts those enforcement actions impart, as we look to 2025 and beyond. In October 2024,...Read more
Portrait image of Elizabeth Fiorelli
Elizabeth Fiorelli
Assistant Adviser of Global Legal and Compliance , Sumitomo Mitsui Trust Bank, Limited, New York Branch, USA