In the case of proceedings under Section 213 of the SFO or for MMT proceedings, a party may attempt to resolve the matter with the CFS by agreeing to a “statement of the agreed facts” for the court or for the review of MMT, the measures proposed with the CFS, which may include compensation by the portion of the amount or loss avoided by the party by violations or omissions. to put the victims back in their original positions and file an affidavit as part of the proceedings confirming consent to the facts. (3) at the same time, provide the defendant with a copy of the insurance and sworn exhibits. If, because of the court`s requirement, the exhibits are not submitted in accordance with paragraph 28.4 (2), the exhibits should be available at the hearing and at any other oral proceedings during which they can be referred to. 29.5 Prior to the first hearing of the Section 8A application, the period of proof may be extended by written agreement between the parties. At the end of the first oral procedure, the extension of the time limit for the assessment of evidence is in accordance with the rules of RPR 2.11 and 29.5. The case concerned the first rule of conduct. The first rule of conduct prohibits companies from entering into or implementing an agreement or engaging in concerted practice where the objective or effect is to prevent, restrict or distort competition in Hong Kong. As part of the Carecraft procedure, the Director accepted the disqualification unit of the DTI`s Directors General at No.
17 and concluded: “In my view, the benefits of the provision of a mechanism, the agreements between the Commission and the respondents who acknowledge that they have breached the regulations, are overwhelming. The authorities I have mentioned show that this is the design of the courts in other jurisdictions with similar material and procedural legal systems in Hong Kong, particularly in the area of competition law. The Carecraft procedure offers a mechanism that is developed in contexts comparable to competition law. I think it is proposing a final draft to sell procedures within the meaning of the regulation, […] ». 8.7 Before the first hearing of the exclusion application, the period of proof may be extended by written agreement between the parties. After the first hearing, any extension of the period of evidence is governed by the rules of RPC 2.11 and 29.5. The agreement would then be submitted to the Tribunal so that the court order could be made. The concept of a carecraft order was born first in a case where a director agreed to disqualify the qualification for a certain period of years before the case was tried.
By such an agreement, the Director avoided a large part of the jurisdictional costs. However, the Director had to bear the costs incurred until he accepted the disqualification. Cooperation may lead to a decision by the SFC to reach an agreement on an early settlement decision of disciplinary procedures in accordance with Section 201 of the SFO (A Section 201 Agreement). The CFS states that it can enter into a Section 201 agreement if it considers it appropriate to do so in the public interest or in the public interest, taking into account the extent and nature of the cooperation demonstrated. (7) References to a “registrar” relate to a failed Clerk of the High Court and (except in cases where a particular provision applies only to the High Court of London) belong to a district judge located in a High Court district register and to the district court responsible for insolvency;