The Securities and Futures Commission (SFC) has commenced proceedings in the Market Misconduct Tribunal (MMT) against Ms Samantha Keung Wai Fun, former CEO of China AU Group Holdings Limited (China AU), Ms Wu Hsiu Jung and Mr Chen Kuo-chen , for false trading in the shares of China AU (Notes 1, 2 & 3).
Between August 2009 and March 2010, China AU launched two fundraising exercises to finance the proposed acquisition of a property to set up a training institute for beauticians in the Mainland and for general working capital purposes.
In between the two fund raising exercises conducted by China AU, Wu and Chen traded substantial amounts of China AU shares, using 14 securities accounts in the names of themselves and others. Keung provided a majority of funding for Wu and Chen’s China AU trades.
The SFC alleges that Keung assisted or connived with Wu and/or Chen to create a false or misleading appearance of active trading or with respect to the market for, or the price for dealings in China AU shares which supported and/or benefited China AU’s fundraising.
Notes:
- China AU, now known as Skynet Group Limited, has been listed on the Growth Enterprise Market of The Stock Exchange of Hong Kong Limited (SEHK) since 19 February 2002.
- Keung tendered her resignation from her position with effect from 7 March 2012.
- False trading is a form of market misconduct and a contravention of section 274 of the Securities and Futures Ordinance. The MMT may impose civil sanctions on people who are found to have engaged in false trading.
- The Notice to the MMT which contains the synopsis setting out the grounds for commencing the MMT proceedings is available on the MMT’s website (www.mmt.gov.hk).