| (Cap 571, section 148) [1 April 2003] L.N. 12 of 2003 (L.N. 201 of 2002) Cap 571H s 1 (Omitted as spent) PART 1 PRELIMINARY (Omitted as spent) Cap 571H s 2 Interpretation In these Rules, unless the context otherwise requires- "agreement in writing" (书面协议) means a term in a client contract that is in writing; "approved custodian" (核准保管人) means a company or overseas company approved by the Commission under section 11 as being suitable for the safe custody of client securities and securities collateral of an intermediary; "asset management" (资产管理) has the meaning assigned to it by Part 2 of Schedule 5 to the Ordinance; "client contract" (客户合约) means any contract or arrangement between an intermediary and its client, which contains terms on which the intermediary is to provide services the provision of which constitutes a regulated activity; "dealing in futures contracts" (期货合约交易) has the meaning assigned to it by Part 2 of Schedule 5 to the Ordinance; "dealing in securities" (证券交易) has the meaning assigned to it by Part 2 of Schedule 5 to the Ordinance; "linked corporation" (相连法团), in relation to an associated entity of an intermediary, means a corporation- (a) of which the associated entity is a controlling entity; (b) which is a controlling entity of the associated entity; or (c) which has as its controlling entity a person which is also a controlling entity of the associated entity;"standing authority" (常设授权) has the meaning assigned to it by section 4(1); "unconscionable" (不合情理), in relation to a standing authority, means unconscionable having regard to the factors specified in section 6 of the Unconscionable Contracts Ordinance (Cap 458), as if the standing authority in question were a contract under that Ordinance. Cap 571H s 3 Application (1) Subject to subsection (2), these Rules apply to client securities and securities collateral of an intermediary that are- (a) either- (i) listed or traded on a recognized stock market; or (ii) interests in a collective investment scheme authorized by the Commission under section 104 of the Ordinance; and(b) received or held in Hong Kong by or on behalf of- (i) the intermediary in the course of the conduct of any regulated activity for which the intermediary is licensed or registered; or (ii) an associated entity of the intermediary in relation to the conduct of such regulated activity.(2) These Rules do not apply to client securities of an intermediary that are in an account established and maintained by a client of the intermediary, in that client's name, with a person other than the intermediary or an associated entity of the intermediary. Cap 571H s 4 Requirements in respect of a client's standing authority (1) For the purposes of section 6(1)(c), 7(2) or (3), 8(2) or 9(2), a standing authority is a written notice that- (a) is given to an intermediary or an associated entity of an intermediary by a client of the intermediary; (b) authorizes the intermediary or associated entity to deal with client securities or securities collateral from time to time received or held on behalf of the client, in one or more specified ways; (c) subject to subsection (2), specifies a period not exceeding 12 months during which it is valid; and (d) specifies the manner in which it may be revoked.(2) Subsection (1)(c) shall not apply to a standing authority which is given to an intermediary or an associated entity of an intermediary by a client of the intermediary who is a professional investor. (3) A standing authority which is not revoked prior to its expiry- (a) may be renewed for one or more further periods- (i) not exceeding 12 months, if the client of the intermediary who gave it is not a professional investor; or (ii) of any duration, if the client of the intermediary who gave it is a professional investor, at any one time, with the written consent of the client of the intermediary who gave it; or(b) shall be deemed to have been renewed if- (i) at least 14 days prior to the expiry of the standing authority, the intermediary or associated entity to which it was given, gives a written notice to the client of the intermediary who gave the standing authority, reminding the client of its impending expiry and informing the client that unless the client objects, it will be renewed upon expiry upon the same terms and conditions as specified in the standing authority and for- (A) an equivalent period to that stated in the standing authority; (B) any period not exceeding 12 months specified by the intermediary or associated entity, if the client of the intermediary is not a professional investor; or (C) a period of any duration specified by the intermediary or associated entity, if the client of the intermediary is a professional investor; and(ii) the client does not object to the renewal of the standing authority before its expiry.(4) Where a standing authority is deemed to have been renewed in accordance with subsection (3)(b), the intermediary or associated entity (as the case may be) shall give a written confirmation of the renewal of the standing authority to the client of the intermediary within one week after the date of expiry. |
