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Lawyers Wait Outside Please

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Matt Bower

Partner

Hong Kong

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Cheung Fai Hung
Fai Hung Cheung

Partner

Hong Kong

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28 November 2017

To our knowledge, neither the Hong Kong Monetary Authority (HKMA) or the Securities and Futures Commission (SFC) have yet prohibited chosen counsel from attending a statutory interview.  Nevertheless, it is increasingly common for regulators to raise questions as to independence of counsel, conflicts of interest and the ability to abide by statutory secrecy rules. What position should be taken when an interviewee’s choice of counsel in a compulsory statutory interview is challenged?  English and recent New Zealand case law may provide some helpful guidance.