Posted inRegulation

Pacific Sun lodges appeal with Hong Kong regulator

Andrew Mantel, the director of Pacific Sun Advisors, has lodged an appeal against his conviction for advertising a mutual fund to investors without regulatory permission in Hong Kong.

Earlier this week, the Securities and Futures Commission announced that Mantel had been given a four week prison sentence, suspended for 12 months and that his company, Pacific Sun Advisors, had been fined HK$20,000 (£1,500, $2,500).

However, the conviction follows a lengthy court case, which as seen Mantel and Pacific Sun previously acquitted of the charges and then had these acquittals overturned.

The SFC allege that, between November and December 2011, the Pacific Sun issued one or more advertisements on its website promoting the Pacific Sun Greater China Equities Fund, without regulatory authorisation.

The SFC also allege that, on or around 2 and 3 November 2011, the defendants issued an advertisement regarding the launch of the fund to the public by email, again without its authorisation.

Pacific Sun and Mantel gained an acquittal in March 2013, after arguing the advertisements fell within an exemption that applied to sales limited to professional investors and it is on this basis that Mantel is again lodging an appeal with the Court of Final Appeal.

Part of the Mark Allen Group.