Hong Kong Court Orders Hong Kong Wan Kiu Investment & Sham & Partners to Compensate Clients for Misappropriating $9.76 Million, Sold Clients Securitie
24th November 2022 | Hong Kong
A Hong Kong court has ordered investment firm Hong Kong Wan Kiu Investment Company and Sham & Partners to compensate clients for misappropriating $9.76 million (HKD 76 million), selling clients’ securities without their authorisation and fabricating clients statements to conceal the fraud. Hong Kong Wan Kiu Investment sole director & shareholder is Connie Sham Khi Rose and Sham & Partners is owned by her son (Christopher Sham Ho Ming). Hong Kong SFC: “It is also believed that part of the misappropriated proceeds in the sum of $76 million was transferred to the bank account of Sham & Partners … … The Court has appointed administrators to recover, receive, administer and distribute assets of approximately HKD 19 million frozen by the interim injunction obtained by the SFC in February 2020 to restrict HKWK and its connected entities from disposing their assets.” Hong Kong Wan Kiu Investment Company is licensed under the Hong Kong Securities and Futures Commission (SFC) – Type 1 (dealing in securities) regulated activity. See below for Hong Kong SFC statement:
“ Hong Kong Court Orders Hong Kong Wan Kiu Investment & Sham & Partners to Compensate Clients for Misappropriating $9.76 Million, Sold Clients Securities without Authorisation & Fabricated Clients Statements “
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Hong Kong Court orders Hong Kong Wan Kiu Investment Company Limited and its connected entities to compensate clients
23/11/22 – The Court of First Instance has ordered Hong Kong Wan Kiu Investment Company Limited (HKWK), its sole director and shareholder, Ms Connie Sham Khi Rose, and Sham & Partners Limited (SPL) to compensate clients of HKWK in legal proceedings brought by the Securities and Futures Commission (SFC) under section 213 of the Securities and Futures Ordinance (SFO) (Note 1).
SPL, incorporated in Hong Kong, is solely owned by the son of Connie Sham, Mr Christopher Sham Ho Ming.
The SFC’s investigation found that HKWK and Connie Sham had:
- sold securities of HKWK’s clients without their authorisation;
- misappropriated the sales proceeds which belonged to HKWK’s clients; and
- fabricated authorisation documents and account statements of HKWK’s clients to conceal the unauthorised transactions.
It is also believed that part of the misappropriated proceeds in the sum of $76 million was transferred to the bank account of SPL.
The Court has appointed administrators to recover, receive, administer and distribute assets of approximately $19 million frozen by the interim injunction obtained by the SFC in February 2020 to restrict HKWK and its connected entities from disposing their assets. Prior to obtaining the interim injunction, the SFC issued a restriction notice against HKWK in November 2019 (Notes 2 to 4).
The SFC also alleges that HKWK and Connie Sham have contravened, amongst others, section 300 of the SFO by employing a device, scheme or artifice with intent to defraud or deceive, or engaging in an act, practice or course of business which is fraudulent or deceptive, or would operate as a fraud or deception in transactions in securities.
Notes:
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