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  • July 24, 2014
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Results 1 - 10 of 21 for criminal procedure

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  1. Comment - Insight & Opinion - JAKE'S VIEW

    There's no proof that graft has harmed China's market development

    Posted Jun 01st 2014, 04:33am by Jake Van Der Kamp

    ... it is morally offensive but that is the way of these things. In the formative stages of a market economy there is never much difference between criminal and private enterprise. The distinction evolves ...

  2. Business - Comment - JAKE'S VIEW

    Cross-border stock trading scheme is not a through train but a milk train

    Posted Apr 15th 2014, 12:36am by Jake Van Der Kamp

    ... control of the process and the final jump to real reform will be made by criminal elements who steal all the economy's resources. Our financial services minister, however, will still ...

  3. Business - Comment - JAKE'S VIEW

    DPP finds right case in call to rein in SFC

    Posted Aug 20th 2013, 12:00am by Jake Van Der Kamp

    ... and judge, too. The SFC acts as both policeman and prosecutor and sometimes as jury and judge Fortunately, the SFC is not allowed the roles of jury and judge in criminal cases. These it must bring ... and Futures Appeal Tribunal (SFAT) presided over by a judge, but the difficulty here is that the tribunal likes to restrict itself to points of law and procedure, arguing that it does not have ...

  4. Business - Comment - JAKE'S VIEW

    Public suffers most from big bank fines

    Posted Oct 22nd 2013, 01:22am by Jake Van Der Kamp

    ... while leaving a criminal inquiry unresolved. SCMP, October 21 Troubled publisher Conrad Black, mired in dubious American court proceedings, once famously railed against "frenzied ... left unsettled in favour of a big sum of money, which the US Department of Justice will flaunt as a confession of criminal activity by a bank that has been convicted of nothing and may well ...

  5. Comment - Insight & Opinion - JAKE'S VIEW

    SFC short-changing investors on placement share trades

    Posted Aug 04th 2013, 12:00am by Jake Van Der Kamp

    ... Jake van der Kamp jake.vanderkamp@scmp.com SFC short-changing investors on placement share trades Investors and brokers may face criminal prosecution for illegal short selling if they sell ... that will allow dealings in placement shares instead of summarily ruling that such dealings constitute a "naked short" and a criminal offence. Why this constant brutality towards the market? ...

  6. Business - Comment - JAKE'S VIEW

    The wrongs of the right-thinking approach to law

    Posted Mar 28th 2013, 12:00am by Jake Van Der Kamp

    ... the relevant facts and circumstances without believing that he or she was dealing in the proceeds of serious crime. This is important because of a key principle of criminal law commonly referred to by its Latin tag of mens rea, a guilty mind. To convict someone in court of a criminal offence it is usually not only necessary to prove that he or she committed the offence but also that he ...

  7. Comment - Insight & Opinion - JAKE'S VIEW

    Flats for a million apiece: why did the bureaucrats reject it?

    Posted Jul 07th 2013, 12:00am by Jake Van Der Kamp

    ... threatened the bureaucrats themselves. To agree to it would have been to undermine their cherished administrative procedures and their position in society. If developers can give us flats at HK$1 ...

  8. Comment - Insight & Opinion - JAKE'S VIEW

    Tiger Asia was looking after its clients, not insider dealing

    Posted May 05th 2013, 12:00am by Jake Van Der Kamp

    ... which sets less store by justice than by the number of criminal sentences inflicted. In this case, however, why was it legal to base a Buy decision on this information but criminal to base ... it could? Why should this be fine for the bank but criminal for anyone else? There was no insider dealing here. This was just prudent fund management by professional investors who have always had ...

  9. Comment - Insight & Opinion - JAKE'S VIEW

    Rule of law suffers when Hong Kong targets money laundering

    Posted Feb 24th 2013, 12:00am by Jake Van Der Kamp

    ... nothing." And then the prosecution has to go to the trouble of proving criminal intent, which can be a very difficult thing to do. There is an easier way. Make it a criminal offence to hold money ... cannot prove criminal intent beyond a reasonable doubt, a concurrent charge of money laundering will succeed, because it is much easier to prove reasonable grounds. What is more, with a maximum ...

  10. Business - Comment - JAKE'S VIEW

    Land exchange is not the way forward

    Posted Jun 06th 2013, 12:00am by Jake Van Der Kamp

    ... land requisition procedures were primitive, and relations with the inhabitants were delicate, as the New Territories was administered under a lease with Beijing, which had only a few decades ...




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