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

205. Restriction on dealing with property
(1) Subject to section 207, the Commission may by notice in writing—
(a) prohibit a licensed corporation—
(i) from—
(A) disposing of any relevant property;
(B) dealing with any relevant property in a specified manner or other than in a specified manner;
(ii) from assisting, counselling or procuring another person to—
(A) dispose of any relevant property;
(B) deal with any relevant property in a specified manner or other than in a specified manner;
(b) require a licensed corporation to deal with any relevant property in, and only in, a specified manner.
(2) In this section, relevant property (有關財產), in relation to a licensed corporation, means—
(a) any property held by the licensed corporation, acting within the capacity for which the licensed corporation is licensed, on behalf of any of the clients of the licensed corporation, or held by any other person on behalf or to the order of the licensed corporation acting within such capacity;
(b) any other property which the Commission reasonably believes to be owned or controlled by the licensed corporation.

206. Maintenance of property
(1) Subject to section 207, the Commission may by notice in writing require a licensed corporation to maintain property in Hong Kong and in any specified place outside Hong Kong such that—
(a) the property maintained is of the value and of the description that appear to the Commission to be desirable with a view to ensuring that the licensed corporation will be able to meet its liabilities in relation to the business which constitutes a regulated activity for which it is licensed; and
(b) the property is maintained in a manner that will enable the licensed corporation at any time freely to transfer or otherwise dispose of the property.
(2) The Commission may in any requirement imposed under this section direct that, for the purposes of the requirement, property of a specified description shall or shall not be taken into account.

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

207. Imposition of prohibition or requirement under section 204, 205 or 206
The Commission may impose a prohibition or requirement under section 204, 205 or 206 in respect of or with reference to any licensed corporation if it appears to the Commission that—
(a) any property of the licensed corporation or its clients, or any property connected with the business which constitutes a regulated activity for which it is licensed, might be dissipated, transferred or otherwise dealt with in a manner prejudicial to the interest of any of its clients or creditors;
(b) the licensed corporation is not a fit and proper person to remain licensed or is not a fit and proper person to carry on any regulated activity for which it is licensed (having regard, among other matters, to the matters specified in section 129);
(c) the licensed corporation has failed to comply with the requirement specified in section 180(2) or, in purported compliance with such requirement, has furnished the Commission with information which was at the time when it was furnished false or misleading in a material particular;
(d) the licence of the licensed corporation may be revoked or suspended on any of the grounds specified in section 194(1) or 195(1) or (2); or
(e) the imposition of the prohibition or requirement is desirable in the interest of the investing public or in the public interest.

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

208. Withdrawal, substitution or variation of prohibitions or requirements under section 204, 205 or 206
(1) Where a prohibition or requirement imposed under section 204, 205 or 206 is in force, the Commission may, where it considers appropriate to do so (whether of its own volition or upon the request of the person on whom the prohibition or requirement is imposed or any other person affected by the prohibition or requirement), by notice in writing given to the person on whom the prohibition or requirement is imposed—
(a) withdraw the prohibition or requirement; or
(b) substitute another prohibition or requirement for, or vary, the prohibition or requirement.
(2) A prohibition or requirement imposed under section 204, 205 or 206, or a prohibition or requirement substituting for another prohibition or requirement under subsection (1)(b), or a prohibition or requirement as varied under subsection (1)(b), shall, unless it provides otherwise, remain in force in accordance with the terms thereof until it is—
(a) withdrawn; or
(b) substituted by another prohibition or requirement, or varied,

by the Commission under this section.
(3) The provisions of this section apply, with necessary modifications, to a prohibition or requirement substituting for another prohibition or requirement under subsection (1)(b), or a prohibition or requirement as varied under subsection (1)(b), as they apply to a prohibition or requirement imposed under section 204, 205 or 206, and the provisions of this Division shall be construed accordingly.

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

222. Privileged information
Nothing in this Part and Schedule 8 requires an authorized financial institution, acting as the banker or financial adviser of a person who makes an application for review, to disclose information as to the affairs of any of its customers other than that person.

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

223. Costs
(1) The Tribunal may, in relation to a review, by order award to—
(a) any person whose attendance, whether as a witness or otherwise, has been necessary or required for the purposes of the review;
(b) any party to the review,
such sum as it considers appropriate in respect of the costs reasonably incurred by the person or the party (as the case may be) in relation to the review and the application for review in question.
(2) Any costs awarded under subsection (1) shall be paid by and recoverable as a civil debt from—
(a) where the costs are awarded to any person under subsection (1)(a), such of the parties to the review in question as the Tribunal considers appropriate; or
(b) where the costs are awarded to any party to the review under subsection (1)(b), the other party to the review.
(3) Subject to any rules made by the Chief Justice under section 233, Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A) applies to the award of costs, and to the taxation of any costs awarded, by the Tribunal under subsection (1).
(Amended E.R. 2 of 2017)

224. Notification of Tribunal determinations
(1) The Tribunal shall, as soon as reasonably practicable after the conclusion of a review, deliver—
(a) its determination in respect of the review, and the reasons for making the determination; and
(b) any order made under section 223 in relation to the review, and the reasons for making the order.
(2) Where any sitting of the Tribunal relating to a review, or any part thereof, is held in private, the Tribunal may by order prohibit the publication or disclosure of any determination or order, or any reasons for any determination or order, referred to in subsection (1)(a) or (b), or any part thereof.
(3) A person commits an offence if he, without reasonable excuse, fails to comply with an order of the Tribunal made pursuant to subsection (2) and 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.

225. Form and proof of orders of Tribunal
(1) An order made by the Tribunal shall be recorded in writing and signed by the chairman of the Tribunal.
(2) A document purporting to be an order of the Tribunal and to be signed by the chairman of the Tribunal shall, in the absence of proof to the contrary, be regarded as an order of the Tribunal duly made, without proof of its making, or proof of signature, or proof that the person signing the order was in fact the chairman.