plaintiff:
- Securities and Futures Commission
defendant:
- C.L. Management Services Limited
- AU Suet-ming, Clarea
jurisdiction_code: HKCA
jurisdiction_name: Court of Appeal of the High Court of the Hong Kong Special Administrative Region
case_location:
- 香港特別行政區
- Hong Kong Special Administrative Region
case_reason: >-
  Securities and Futures Commission claims against C.L. Management Services Limited and AU Suet-ming for
  carrying on regulated activities without a licence and holding themselves out as such.
case_object:
- regulatory compliance
- business licensing
judgment_result:
- charge: Michael's involvement in the case (liability issue)
  result: Disallowed. The court found that the prosecution did not adequately consider and settle Michael’s
    potential self-incrimination before proceeding with the trial, which was a significant procedural
    flaw.
judgment_summary: >-
  The Securities and Futures Commission sued C.L. Management Services Limited and AU Suet-ming for unlicensed
  business activities. The court assessed evidence, finding procedural flaws in prosecuting Michael's
  involvement. Key laws like Hin Lin Yee v HKSAR were cited to determine that offences under section 114
  are absolute liabilities, not requiring full mens rea. The final judgment disallowed the prosecution’s
  claims due to these legal principles and procedural issues.
involved_entities:
- entity_name: Securities and Futures Commission
  reason: Plaintiff in the case, responsible for prosecuting C.L. Management Services Limited and AU Suet-ming,
    Clarea.
- entity_name: C.L. Management Services Limited
  reason: Defendant 1 in the case, accused of carrying on a business in advising on corporate finance
    without a license.
- entity_name: AU Suet-ming, Clarea
  reason: Defendant 2 in the case, accused of aiding and abetting D1's offenses.
- entity_name: Magistrate June Cheung
  reason: Presiding judge at the Eastern Magistrates Court during the trial.
