SFC Criminal Record Checks?



ORIGINAL POST
Posted by Averroes 16 yrs ago
I will joining a Hong Kong bank in a licensed position from the UK however I have a UK criminal record for a non-financial youth offence committed over 15 years ago. The SFC do ask on the form for disclosure but it is a source of sensitivity. The question i have:


1. Does the SFC check UK criminal records? How?

2. Would such a period offence be considered 'unspent' in HK?


Thanks in advance for any advice.




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COMMENTS
Averroes 16 yrs ago
Thanks for your advice. It was from a long time ago and would rather not bring up unless absolutely relevant. I thought that disclosure of UK records was stringent but not sure if they make them available to international authorities.

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tsuiwah 16 yrs ago
At my first firm, purposely withholding information from a job application was grounds for dismissal if discovered, regardless of how irrelevant. Depending on the current firm and how senior your position is, your criminal record (if still a matter of the public record) would probably be unearthed if they paid for a background check of all jurisdictions that you lived in the past. It just costs a few dollars and a search can be completed within 1-2 weeks.


If you are found to have withheld information from the SFC, then I guess the downside is that you will never work in HK in a SFC sanctioned capacity again. On the other hand, if you reveal the criminal offense, you might never get the job in the first place... Tough call.

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Wupper 16 yrs ago
Why don't you check with the CRB in the UK? Ask them what they disclose if third parties/emplyers request a criminal check.


You could also ask/call the SFC on a no-name basis. I am sure they will guide you in the right direction.


I remember when working at the prosecutor's office in Germany that the prosecutors had access to all kind of records, showing all prior offences including those that were long history or too minor and that they would never disclose to employers etc.


In my view - if the CRB does not disclose the information than neither should you. It is your privacy and no one has the right to stick their noses into it. And I don't think you could be fired for not-disclosing criminal offences that not even the police records would show.


Good luck

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