SECURITIES and Futures Commission (SFC) powers to investigate alleged trading malpractices do not violate the Bill of Rights, the Court of Appeal ruled yesterday. The court dismissed an appeal by Mr Lee Kwok-hung, production executive of Truly International Holdings Ltd. In balancing the interests of an individual and the interests of society, the interest of society must prevail, Mr Justice Litton stressed when delivering judgement. The appeal was lodged by Mr Lee after his application for a judicial review was refused by Mr Justice Jones. It was Mr Lee's case that Section 33(4) of the SFC Ordinance contravened Articles 5 and 14 of the Bill of Rights which guarantee the right to liberty and security and the right to protection of privacy. Mr Lee was invited to attend an interview by an investigator appointed by the SFC. Anyone who failed to attend an interview or refused to answer questions would be liable to prosecution. In his judgement, Mr Justice Litton pointed out that the investigator had no power to physically detain an interviewee who chose to walk out in the middle of the interview. The investigator could only refer the matter to the High Court.
