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

383. False or misleading representations in applications to Commission
(1) A person commits an offence if—
(a) he, in support of any application made to the Commission under or pursuant to any provision of this Ordinance, whether for himself or for another person, makes a representation, whether in writing, orally or otherwise, that is false or misleading in a material particular; and
(b) he knows that, or is reckless as to whether, the representation is false or misleading in a material particular.
(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.
(3) In this section, representation (陳述) means a representation or statement—
(a) of a matter of fact, either present or past;
(b) about a future event; or
(c) about an existing intention, opinion, belief, knowledge or other state of mind.

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

385. Power of Commission to intervene in proceedings
(1) Where—
(a) there are any judicial or other proceedings (other than criminal proceedings) which concern a matter provided for in any of the relevant provisions, or in which the Commission has an interest by virtue of its functions under any of the relevant provisions; and
(b) the Commission is satisfied that it is in the public interest for the Commission to intervene and be heard in the proceedings,

the Commission, after consultation with the Financial Secretary, may, by an application made in accordance with subsection (2) to the court hearing or otherwise having competent authority to hear the proceedings, apply to intervene and be heard in the proceedings.
(2) An application made for the purposes of subsection (1) shall be—
(a) made in writing; and
(b) supported by an affidavit showing that the conditions set out in subsection (1)(a) and (b) are satisfied.
(3) A copy of the application made for the purposes of subsection (1) shall be served on each of the parties to the proceedings to which the application relates as soon as reasonably practicable after the application is made.
(4) Subject to subsection (5), the court to which an application is made for the purposes of subsection (1) may by order—
(a) allow the application, subject to such terms as it considers just; or
(b) refuse the application.
(5) The court to which an application is made for the purposes of subsection (1) shall not make an order pursuant to subsection (4)(a) or (b) without first giving the Commission, and each of the parties to the proceedings to which the application relates, a reasonable opportunity of being heard.
(6) Where an application made for the purposes of subsection (1) is allowed under subsection (4)(a), the Commission, subject to the terms referred to in subsection (4)(a)—
(a) may intervene and be heard in the proceedings to which the application relates; and
(b) shall be regarded for all purposes as a party to the proceedings and shall have the rights, duties and liabilities of such a party.
(7) Nothing in this section prejudices Order 15, rule 6 of the Rules of the High Court (Cap. 4 sub. leg. A).
(8) In this section, court (法院) includes a magistrate and a tribunal, other than the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal.
(Amended E.R. 2 of 2012)

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

385A. Power of Monetary Authority to intervene in proceedings
(1) The Monetary Authority may, after consultation with the Financial Secretary, make an application to intervene in and be heard in any judicial or other proceedings, other than criminal proceedings, if—
(a) the proceedings concern a matter provided for in a specified provision or the Monetary Authority has an interest in the proceedings because of the Monetary Authority’s functions under a specified provision; and
(b) the Monetary Authority is satisfied that it is in the public interest for the Monetary Authority to intervene in and be heard in the proceedings.
(2) The following applies in respect of an application made for the purposes of subsection (1)—
(a) the application must be made to the court hearing the proceedings or which otherwise has jurisdiction to hear the proceedings;
(b) the application must—
(i) be made in writing; and
(ii) be supported by an affidavit showing that the conditions set out in subsection (1)(a) and (b) are satisfied; and
(c) a copy of the application must be served on each party to the proceedings as soon as reasonably practicable after the application is made.
(3) The court to which the application is made—
(a) may by order—
(i) allow the application subject to any terms that it considers just; or
(ii) refuse the application; and
(b) may not make an order under paragraph (a) without first giving the Monetary Authority, and each party to the proceedings, a reasonable opportunity of being heard.
(4) If the application is allowed, the Monetary Authority, subject to the terms referred to in subsection (3)(a)(i)—
(a) may intervene in and be heard in the proceedings;
(b) is to be regarded for all purposes as a party to the proceedings; and
(c) has all the rights, duties and liabilities of a party to the proceedings.
(5) This section does not affect Order 15, rule 6 of the Rules of the High Court (Cap. 4 sub. leg. A).
(6) In this section—
court (法院) includes a magistrate and a tribunal other than the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal.
(Added 6 of 2014 s. 41)

386. Proceedings not to be stayed
(1) The existence of any judicial or other proceedings, or circumstances that disclose the commission of an offence, shall not by itself constitute justification for any other proceedings or action under this Ordinance being stayed or deferred.
(2) For the avoidance of doubt, nothing in subsection (1)—
(a) affects any other law requiring or providing for a stay of any proceedings or action under this Ordinance;
(b) prevents a court of competent jurisdiction from ordering that any proceedings or action under this Ordinance shall be stayed or deferred.

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

387. Standard of proof
Where it is necessary for the Commission to establish or to be satisfied, for the purposes of any of the relevant provisions (other than provisions relating to criminal proceedings or to an offence), that—
(a) a person has contravened—
(i) any provision of any Ordinance;
(ii) any notice or requirement given or made under or pursuant to any provision of any Ordinance;
(iii) any of the terms and conditions of any licence or registration under this Ordinance; or
(iv) any other condition imposed under or pursuant to any provision of this Ordinance;
(b) a person has been responsible for an unlawful act or omission;
(c) a person has assisted, counselled, procured or induced any other person to do anything which results in the occurrence of any of the matters referred to in paragraph (a) or (b);
(d) a person has been concerned in, or a party to, anything which results in the occurrence of any of the matters referred to in paragraph (a) or (b);
(e) a person has attempted, or conspired with any other person, to commit anything which results in the occurrence of any of the matters referred to in paragraph (a) or (b); or
(f) any of the matters referred to in paragraphs (a) to (e) might occur,
it is sufficient for the Commission to establish, or to be satisfied as to, the matter referred to in paragraph (a), (b), (c), (d), (e) or (f) (as the case may be) on the standard of proof applicable to civil proceedings in a court of law.

387A. Civil proceedings by Commission
The Commission may begin or carry on any civil proceedings by a solicitor or otherwise.
(Added 9 of 2012 s. 45)