### Securities and Futures Ordinance 《證券及期貨條例》

192. Destruction of documents, etc.
(1) A person commits an offence if he destroys, falsifies, conceals or otherwise disposes of, or causes or permits the destruction, falsification, concealment or disposal of, any record or document required to be produced under this Part, with intent to conceal, from the person by whom the requirement to produce was imposed, facts or matters capable of being disclosed by the record or document.
(2) A person who commits an offence under subsection (1) is liable—
(a) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.

### Securities and Futures Ordinance 《證券及期貨條例》

193. Interpretation of Part IX
(1) In this Part, unless the context otherwise requires—
Companies Register (公司登記冊) has the meaning given by section 2(1) of the Companies Ordinance (Cap. 622); (Added 28 of 2012 ss. 912 & 920)

disciplinary power (紀律懲處權) means—
＃(a) in section 197A, a power that may be exercised by the Commission under section 197A(1); and
(b) in Divisions 4 and 5, a power that may be exercised by the Monetary Authority under section 203A(1); (Added 6 of 2014 s. 27)

misconduct (失當行為) means—
(a) a contravention of any of the relevant provisions;
(b) a contravention of any of the terms and conditions of any licence or registration under this Ordinance;
(c) a contravention of any other condition imposed under or pursuant to any provision of this Ordinance, or of any condition attached or amended under section 71C(2)(b) or (9) or 71E(3) of the Banking Ordinance (Cap. 155); (Amended 16 of 2016 s. 9)
(d) an act or omission relating to the carrying on of any regulated activity for which a person is licensed or registered which, in the opinion of the Commission, is or is likely to be prejudicial to the interest of the investing public or to the public interest; or (Amended 16 of 2016 s. 9)
(e) an act or omission that—
(i) relates to the carrying on of any activity, other than a regulated activity, that an intermediary may carry on for an open-ended fund company under this Ordinance; and
(ii) in the opinion of the Commission, is or is likely to be prejudicial to the interest of the investing public or to the public interest, (Added 16 of 2016 s. 9)

and guilty of misconduct (犯失當行為) shall be construed accordingly. (Amended 28 of 2012 ss. 912 & 920)

(Amended 30 of 2004 s. 3; 28 of 2012 ss. 912 & 920)(2) In this Part, where an intermediary is, or was at any time, guilty of misconduct within the meaning of paragraph (a), (b), (c), (d) or (e) of the definition of misconduct

### Securities and Futures Ordinance 《證券及期貨條例》

203E. Recovery and payment of pecuniary penalty
(1) If a person is ordered to pay a pecuniary penalty in the exercise of a disciplinary power, the person must pay it to the Monetary Authority within—
(a) 30 days after the order has taken effect as a specified decision under section 232; or
(b) a longer period specified in the notice referred to in section 203B(2), after the order has taken effect as a specified decision under section 232.
(2) The Court of First Instance may, on an application made by the Monetary Authority, register the order in the Court of First Instance.
(3) An application under subsection (2) must be made by producing to the Registrar of the High Court a notice in writing requesting that the order be registered, together with the order and a copy of the order.
(4) On registration, the order is to be regarded for all purposes as an order of the Court of First Instance made within its civil jurisdiction for the payment of money.
(5) The Monetary Authority must pay a pecuniary penalty paid to or recovered by the Monetary Authority under an order made under this section into the general revenue.

### Securities and Futures Ordinance 《證券及期貨條例》

203F. Application to Court of First Instance relating to non-compliance with prohibition under section 203A
(1) If a person fails to comply with a prohibition in force in respect of the person as a result of the exercise of a power under section 203A(1)(b), the Monetary Authority may, by originating summons, make an application to the Court of First Instance in respect of the failure.
(2) The Court of First Instance may inquire into the case and if satisfied that—
(a) there is no reasonable excuse for the person not to comply with the prohibition, order the person to comply with the prohibition within the period specified by the Court; and
(b) the failure was without reasonable excuse, punish the person, and any other person knowingly involved in the failure, in the same manner as if the person and, if applicable, the other person, had been guilty of contempt of court.
(3) If there is a reasonable likelihood that a person will fail to comply with a prohibition in force in respect of the person as a result of the exercise of a power under section 203A(1)(b), the Monetary Authority may, by originating summons, apply to the Court of First Instance for an order that—
(a) the person take such action or refrain from taking such action as the Court directs; and
(b) any other person whom the Court is satisfied is able to procure the person to comply with the prohibition, take such action or refrain from taking such action as the Court directs.
(4) An originating summons under this section must be in Form No. 10 in Appendix A to the Rules of the High Court (Cap. 4 sub. leg. A).

204. Restriction of business
(1) Subject to section 207, the Commission may by notice in writing—
(a) prohibit a licensed corporation from—
(i) entering into transactions of a specified description or other than of a specified description, or entering into transactions in specified circumstances or other than in specified circumstances, or entering into transactions to a specified extent or other than to a specified extent;
(ii) soliciting business from persons of a specified description or from persons other than of a specified description;
(iii) carrying on business in a specified manner or other than in a specified manner;
(b) require a licensed corporation to carry on business in, and only in, a specified manner.
(2) A prohibition or requirement imposed on a licensed corporation under this section may relate to either or both of the following—
(a) transactions entered into in connection with the business which constitutes a regulated activity for which the licensed corporation is licensed;
(b) transactions entered into in connection with any other business which is carried on by the licensed corporation in connection with the business which constitutes a regulated activity for which it is licensed.