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

166. Use of incriminating evidence in proceedings
Notwithstanding any other provisions of this Ordinance, where a person—
(a) is required under section 146(3) to notify the Commission of any matter;
(b) is required under section 165(6) to notify the Commission of any matter; or
(c) is required by rules made pursuant to section 148(2)(i), 149(2)(k), 151(2)(d) or 152(2)(f) to notify the Commission of any matter,
and the notification might tend to incriminate the person, then the notification shall not be admissible in evidence against the person in criminal proceedings in a court of law other than those in which—
(i) he is charged with an offence under Part V of the Crimes Ordinance (Cap. 200), or for perjury, in respect of the notification;
(ii) in the case of paragraph (a), he is charged with an offence under section 146(15) in respect of the notification;
(iii) in the case of paragraph (b), he is charged with an offence under section 165(7) in respect of the notification; or
(iv) in the case of paragraph (c), he is charged with an offence under any rules made under section 148(4) or (5), 149(4) or (5), 151(5) or (6), 152(3) or (4) (as the case may be) in respect of a contravention taking place by reason of a failure to comply with the requirement described in paragraph (c) relating to the notification.

167. Interpretation of Part VII
In this Part, unless the context otherwise requires—
client contract (客戶合約) means any contract or arrangement between an intermediary and another person, which contains terms on which the intermediary is to provide services the provision of which constitutes a regulated activity;
representative (代表)—
(a) in relation to a licensed corporation, means an individual—
(i) who is licensed as a licensed representative for a regulated activity; and
(ii) who carries on that regulated activity for the licensed corporation as a licensed corporation to which he is accredited; or
(b) in relation to a registered institution, means an individual—
(i) whose name is entered in the register maintained by the Monetary Authority under section 20 of the Banking Ordinance (Cap. 155) as that of a person engaged by the registered institution in respect of a regulated activity; and
(ii) who carries on that regulated activity for the registered institution.

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

173. Requirements for options trading
(1) The Commission may make rules—
(a) prohibiting Type 1 intermediaries from—
(i) transacting in Hong Kong;
(ii) holding themselves out in Hong Kong as being prepared to transact,
except as provided in the rules, any dealing whereby directly or indirectly they confer on any person an option to sell to or purchase from them, or any other person on their behalf, any listed securities;
(b) prohibiting Type 2 intermediaries from—
(i) transacting in Hong Kong;
(ii) holding themselves out in Hong Kong as being prepared to transact,
except as provided in the rules, any dealing whereby directly or indirectly they confer on any person an option to sell to or purchase from them, or any other person on their behalf, any futures contracts traded on a recognized futures market.
(2) Rules made under this section may provide that a Type 1 intermediary, or a Type 2 intermediary, which, without reasonable excuse, contravenes any specified provision of the rules that applies to it commits an offence and is liable to a specified penalty not exceeding—
(a) on conviction on indictment a fine of $200,000 and a term of imprisonment of 2 years;
(b) on summary conviction a fine at level 6 and a term of imprisonment of 6 months.
(3) In this section—
Type 1 intermediary (第1類中介人) means an intermediary licensed or registered for Type 1 regulated activity;
Type 2 intermediary (第2類中介人) means an intermediary licensed or registered for Type 2 regulated activity.

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

177. Amendment of Schedule 7
The Chief Executive in Council may, by order published in the Gazette, amend Schedule 7.

178. Interpretation of Part VIII
In this Part, unless the context otherwise requires—
audit working papers (審計工作材料) means—
(a) any record or document prepared by or on behalf of an auditor; and
(b) any record or document obtained and retained by or on behalf of an auditor,

for or in connection with the performance of any of his functions relating to the conduct of any audit of the accounts of a corporation;

investigator (調查員) means (except in the definition of MA investigator in this section) a person directed or appointed to investigate any matter under section 182(1); (Amended 6 of 2014 s. 15)
MA investigator (金管局調查員) means a person directed or appointed to investigate any matter under section 184A; (Added 6 of 2014 s. 15)
person under investigation (受調查人) means—
(a) in section 183, a person in relation to whom an investigator is directed or appointed to investigate any matter under section 182(1); and
(b) in section 184B, a person in relation to whom an MA investigator is directed or appointed to investigate any matter under section 184A(1). (Replaced 6 of 2014 s. 15)

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

184C. Investigation reports
(1) An MA investigator—
(a) may make interim reports on the investigation conducted under this Division to the Monetary Authority;
(b) must make interim reports on the investigation to the Monetary Authority if directed by the Monetary Authority; and
(c) must, after the completion of the investigation, make a final report on the investigation to the Monetary Authority.
(2) The Monetary Authority may, with the consent of the Secretary for Justice, publish any report made under subsection (1).

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

184E. Recovery of costs of investigation
(1) If a person is convicted by a court on a prosecution instituted as a result of an investigation under this Division, the court may order the person to pay to the Monetary Authority the whole or a part of the costs and expenses of the investigation.
(2) The Monetary Authority may recover, as a civil debt due to the Monetary Authority, the whole or the part (as the case may be) of the costs and expenses ordered under subsection (1).
(3) The Monetary Authority must pay into the Exchange Fund any costs and expenses recovered under subsection (2).

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

189. Production of information in information systems, etc.
Where any information or matter contained in any record or document required to be produced under this Part is recorded otherwise than in a legible form, any power conferred by this Part to require the production of the record or document includes the power to require the production of a reproduction of the recording of the information or matter or of the relevant part of it—
(a) where the recording enables the information or matter to be reproduced in a legible form, in a legible form; and
(b) where the information or matter is recorded in an information system, in a form which enables the information or matter to be reproduced in a legible form.

190. Inspection of records or documents seized, etc.
Where an authorized person within the meaning of section 179, 180 or 181 or an investigator or MA investigator has taken possession of any record or document under this Part, the authorized person or the investigator or MA investigator (as the case may be) shall, subject to any reasonable conditions he imposes as to security or otherwise, permit a person who would be entitled to inspect the record or document had he not taken possession of it under this Part, to inspect it and to make copies or otherwise record details of it at all reasonable times.
(Amended 6 of 2014 s. 25)