C. Jill has failed to promote the success of the company

　　D. Bill has failed to exercise independent judgment

　　参考答案D

　　Background

　　Amit is employed by STU&Co which is a firm of accountants and the auditors of XYZ plc. As part of his work, he discovers that there is a danger that XYZ plc may become insolvent within a few months.

　　The next day, whilst at the golf club, Amit tells his friends Burton and Chen that XYZ plc made a significant financial loss in the previous year.

　　Subsequently, Burton tells his stockbroker to dispose of all shares in XYZ plc. He also went home and told his wife the details of the conservation. She subsequently told her brother, Fred to sell his shares in XYZ plc.

　　Chen had already spoken to his stockbroker about selling his shares in XYZ plc before going to the golf club. When he gets home he disposes of his shares in XYZ plc via the internet.

　　Task-1

　　In terms of the law relating to insider dealing, are each of the following people insiders?

　　A. Burton

　　B. Fred

　　参考答案Burton

　　Task-2

　　Which insider dealing offences have been committed by Amit and Burton?

　　Amit:(1)Dealing Only (2)Disclosure Only (3)Both Dealing and Disclosure

　　Burton:(1)Dealing Only (2)Disclosure Only (3)Both Dealing and Disclosure

　　参考答案(2)Disclosure Only (3)Both Dealing and Disclosure

　　Task-3

　　Which TWO of the following could be used as defence by Chen if he is prosecuted with offences relating to insider dealing?

　　A. He did not disclose the information to anybody else

　　B. He did not expect to avoid a loss or make a profit

　　C. The disclosure made by Amit was too vague to act upon

　　D. He would have done the same thing even without the information

　　参考答案B