【法规名称】
【法规编号】 82419 什么是编号？
【正 文】
CAP 571R SECURITIES AND FUTURES (SHORT SELLING AND SECURITIES BORROWING AND LENDING (MISCELLANEOUS)) RULES
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(Cap 571, sections 397(1) and (2) and 398(7)) [1 April 2003] L.N. 12 of 2003 (L.N. 213 of 2002) Cap 571R s 1 (Omitted as spent) (Omitted as spent) Cap 571R s 2 Interpretation In these Rules, unless the context otherwise requires- "blanket assurance" (概括性保证), in relation to a securities borrowing and lending agreement, means a confirmation from a lender to a borrower that the lender has a sufficient overall supply of a defined group of securities such that for a specific period of time as agreed on by the parties, the securities concerned are available to lend to the borrower; "borrow" (借用安排), in relation to a securities borrowing and lending agreement, means a borrowing of securities under the agreement, irrespective of whether the borrowed securities have been delivered by the lender to the borrower; "Exchange Fund" (外汇基金) means the fund established under section 3 of the Exchange Fund Ordinance (Cap 66); "Exchange Fund Bill" (外汇基金票据) means any instrument described as such which is issued by the Government for the account of the Exchange Fund under the Exchange Fund Ordinance (Cap 66); "Exchange Fund Note" (外汇基金债券) means any instrument described as such which is issued by the Government for the account of the Exchange Fund under the Exchange Fund Ordinance (Cap 66); "Futures Market Maker" (期货庄家) means a person who is registered with the Futures Exchange Company for the purpose of performing, in accordance with rules made by the Futures Exchange Company, market making or liquidity providing activities in respect of futures contracts admitted to trading on the recognized futures market it operates; "hold" (持有确认), in relation to a securities borrowing and lending agreement, means a confirmation from a lender to a borrower that for a specific period of time as agreed on by the parties, specific securities in a specific quantity are available to lend to the borrower; "Listing Rules" (《上市规则》) means the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited made by the Stock Exchange Company; "Monetary Authority-appointed Market Maker" (金融管理专员委任的庄家) means a person appointed as a market maker by the Monetary Authority under a letter of appointment currently in force for the purpose of conducting market making activities in respect of Exchange Fund Bills, Exchange Fund Notes or specified instruments; "Securities Market Maker" (证券庄家) means a person who is registered with the Stock Exchange Company for the purpose of performing, in accordance with rules made by the Stock Exchange Company, market making or liquidity providing activities in respect of securities listed or admitted to trading on the recognized stock market it operates or an issuer of any structured product listed on the recognized stock market operated by the Stock Exchange Company under Chapter 15A of the Listing Rules; "specified instrument" (指明文书) means any note issued by the MTR Corporation Limited, the Airport Authority, the Hong Kong Mortgage Corporation Limited and the Kowloon-Canton Railway Corporation under their respective note issuance programmes. Cap 571R s 3 Classes of transactions to which section 170(3)(e) of the Ordinance not to apply (1) The following classes of transactions are prescribed for the purposes of section 170(3)(e) of the Ordinance- (a) a sale by a Monetary Authority-appointed Market Maker of any of the following securities- (i) Exchange Fund Bills; (ii) Exchange Fund Notes; or (iii) specified instruments;(b) a sale by an agent of a Monetary Authority-appointed Market Maker of any of the following securities- (i) Exchange Fund Bills; (ii) Exchange Fund Notes; or (iii) specified instruments, where the agent is acting in such capacity and believes and has reasonable grounds to believe that his principal is a Monetary Authority-appointed Market Maker of the security sold;(c) a sale of securities effected in the course of conducting jobbing business.(2) The following sales of securities shall be regarded as a sale of securities in the course of conducting jobbing business- (a) the sale of a listed security ("A") by a Securities Market Maker for the purpose of hedging the risks of a position previously acquired in another listed security ("B") and- (i) A is a component of B or vice versa; or (ii) where both A and B have a security as a common component;(b) the sale of a listed security ("C") by a Futures Market Maker for the purpose of hedging the risks of a position previously acquired in- (i) a futures contract in respect of C or an index of securities which includes C; or (ii) a futures contract in respect of another security ("D") where D has a common component with C; or(c) the sale of a listed security by a Securities Market Maker in performing market making or liquidity providing activities in respect of such security, where the Securities Market Maker acquires the right to vest such security in the purchaser before the end of the trading day following the day of the sale.(3) In this section, "listed" (上市) means listed or admitted to trading on a recognized stock market operated by the Stock Exchange Company. |
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