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

388. Prosecution of certain offences by Commission
(1) An offence under any of the relevant provisions, and an offence of conspiracy to commit such an offence, may be prosecuted by the Commission in its own name but, where under this subsection the Commission prosecutes an offence, the offence shall be tried before a magistrate as an offence which is triable summarily.
(2) For, and only for, the purpose of the prosecution of an offence referred to in subsection (1), an employee of the Commission who apart from this subsection is not qualified to practise as a barrister or to act as a solicitor under the Legal Practitioners Ordinance (Cap. 159) may appear and plead before a magistrate any case of which he has charge and shall, in relation to the prosecution, have all the other rights of a person qualified to practise as a barrister or to act as a solicitor under that Ordinance.
(3) Nothing in this section derogates from the powers of the Secretary for Justice in respect of the prosecution of criminal offences.
(4) This section does not apply to an offence referred to in section 388A(1) or conspiracy to commit such an offence. (Added 6 of 2014 s. 42)

388A. Prosecution of offences by Monetary Authority
(1) This section applies to an offence committed—
(a) under section 184D;
(b) under section 191(6) in relation to the execution of a warrant issued on information on oath laid by an MA investigator; or
(c) under section 381D.
(2) The Monetary Authority may prosecute an offence to which this section applies or an offence of conspiracy to commit such an offence, in the name of the Monetary Authority.
(3) Any offence prosecuted under subsection (2) must be tried before a magistrate as an offence that is triable summarily.
(4) For prosecuting an offence referred to in subsection (1) or (2) only, a person appointed under section 5A(3) of the Exchange Fund Ordinance (Cap. 66), even if he or she is not qualified to practise as a barrister or to act as a solicitor under the Legal Practitioners Ordinance (Cap. 159)—
(a) may appear and plead before a magistrate in any case of which that person has charge; and
(b) has, in relation to the prosecution, all the other rights of a person qualified to practise as a barrister or to act as a solicitor under that Ordinance.
(5) This section does not derogate from the powers of the Secretary for Justice in respect of the prosecution of criminal offences.
(Added 6 of 2014 s. 43)

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

389. Limitation on commencement of proceedings
(1) Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), any information or complaint relating to an offence under this Ordinance, other than an indictable offence, may be tried if it is laid or made (as the case may be) at any time within 3 years after the commission of the offence.
(2) Nothing in section 388(1) or 388A(3) affects or limits the meaning of indictable offence referred to in subsection (1). (Amended 6 of 2014 s. 44)

390. Liability of officers of corporations for offences by corporations, and of partners for offences by other partners
(1) Where the commission of an offence under this Ordinance by a corporation is proved to have been aided, abetted, counselled, procured or induced by, or committed with the consent or connivance of, or attributable to any recklessness on the part of, any officer of the corporation, or any person who was purporting to act in any such capacity, that person, as well as the corporation, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) Where the commission of an offence under this Ordinance by a partner in a partnership is proved to have been aided, abetted, counselled, procured or induced by, or committed with the consent or connivance of, or attributable to any recklessness on the part of, any other partner of the partnership, that other partner, as well as the first-mentioned partner, is guilty of the offence and is liable to be proceeded against and punished accordingly.

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

392. Financial Secretary to prescribe interests, etc. as securities, etc.
(1) For the purposes of this Ordinance, the Financial Secretary may, by notice published in the Gazette, prescribe, either generally or in a particular case, that—
(a) any interests, rights or property, whether in the form of an instrument or otherwise, or any class or description of any such interests, rights or property, are to be regarded as—
(i) currency-linked instruments;
(ii) currency and interest rate-linked instruments;
(iii) futures contracts;
(iv) interest rate-linked instruments;
(v) securities;
(vi) structured products; or
(vii) OTC derivative products; or (Added 6 of 2014 s. 45)
(b) any interests, rights or property, whether in the form of an instrument or otherwise, or any class or description of any such interests, rights or property, are not to be regarded as—
(i) currency-linked instruments;
(ii) currency and interest rate-linked instruments;
(iii) futures contracts;
(iv) interest rate-linked instruments;
(v) securities;
(vi) structured products; or
(vii) OTC derivative products. (Added 6 of 2014 s. 45)
(2) Without limiting subsection (1), a notice under that subsection may prescribe the circumstances under which or the purposes for which any interests, rights or property, or any class or description of any interests, rights or property, referred to in the notice are to be regarded, or not to be regarded, as—
(a) currency-linked instruments;
(b) currency and interest rate-linked instruments;
(c) futures contracts;
(d) interest rate-linked instruments;
(e) securities;
(f) structured products; or
(g) OTC derivative products. (Added 6 of 2014 s. 45)
(Replaced 8 of 2011 s. 12. Amended 6 of 2014 s. 45)

392A. Financial Secretary to prescribe markets, instruments etc.
The Financial Secretary may, by notice published in the Gazette, prescribe—
(a) any stock market, futures market, or clearing house for the purpose of section 1B(2)(c) of Part 1 of Schedule 1; or
(b) any type of instrument for the purpose of section 1B(2)(f)(i) of Part 1 of Schedule 1.
(Added 6 of 2014 s. 46)