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

88. Financial statements of a recognized investor compensation company
(1) Subject to subsection (3), a recognized investor compensation company shall—
(a) prepare such financial statements and other documents, for such periods, as are prescribed by rules made under section 397 for the purposes of this section; and
(b) submit the financial statements and other documents, together with an auditor’s report, to the Commission not later than 4 months after the end of the financial year to which they relate.
(2) Without limiting the generality of subsection (1), the requirements under that subsection relating to the financial statements and other documents, and the auditor’s report, referred to in that subsection include the requirements that—
(a) the financial statements and other documents are to relate to such matters and contain such particulars as are prescribed by rules made under section 397 for the purposes of this section;
(b) the auditor’s report is to contain such particulars, including such statement of opinion, as are prescribed by the rules;
(c) the financial statements and other documents, and the auditor’s report, are to be prepared in accordance with such principles or bases as are prescribed by the rules; and
(d) without limiting the generality of section 387 of the Companies Ordinance (Cap. 622), the financial statements and other documents are to be signed by the chief executive officer of the recognized investor compensation company, by which they are prepared. (Amended 28 of 2012 ss. 912 & 920)
(3) On an application in writing by the recognized investor compensation company by which any financial statements and other documents, and any auditor’s report, are required under subsection (1) to be submitted, the Commission may, where it is satisfied that there are special reasons for so doing, extend the period within which the financial statements and other documents, and the auditor’s report, are required to be submitted, for such period and subject to such conditions as the Commission considers appropriate, and upon the Commission granting the extension, subsection (1) shall apply subject to the extension accordingly.
(4) A recognized investor compensation company shall cause a copy of each of the financial statements and other documents and the auditor’s report that are required under subsection (1) to be submitted by it to be sent to the Financial Secretary and to be published in the Gazette.
(5) A reference in this section to financial statements shall not be construed as including a reference to financial statements of the compensation fund.

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

89. Employees of and delegations by a recognized investor compensation company
(1) The Commission may arrange for any of its officers, employees, agents or consultants to assist in the operations of a recognized investor compensation company.
(2) A recognized exchange company or recognized exchange controller may, with the consent of a recognized investor compensation company, arrange for any of its officers, employees, agents or consultants to assist in the operations of that recognized investor compensation company.
(3) A recognized investor compensation company may by resolution and subject to the approval of the Commission, with or without restrictions or conditions as the company considers appropriate, delegate in writing to any person any of its powers and duties other than its power under section 82.

90. Further activities of recognized investor compensation company
(1) A recognized investor compensation company may, in addition to performing a function transferred to it under section 80, conduct such activities or businesses as may be approved in writing by the Commission.
(2) The Commission shall not approve the conduct of any activities or businesses referred to in subsection (1) unless it is satisfied that such activities or businesses are incidental to the management or administration of the compensation fund under Part XII.

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

91. Supply of information
(1) The Commission, a recognized exchange company, a recognized clearing house, a recognized exchange controller or a recognized investor compensation company shall be entitled to supply each other with information about its affairs and—
(a) in the case of a recognized exchange company, the affairs of any of its exchange participants;
(b) in the case of a recognized clearing house, the affairs of any of its clearing participants;
(c) in the case of a recognized exchange controller, the affairs of any of its subsidiaries; or
(d) in the case of a recognized investor compensation company, any claim made against the compensation fund,
if the supply of information is reasonably required for the performance of—
(i) in the case where the information is supplied to the Commission, the functions of the Commission under the relevant provisions; or
(ii) in any other cases, the functions of the recognized exchange company, recognized clearing house, recognized exchange controller or recognized investor compensation company to which the information is supplied, under this Part or their respective rules.
(2) The Commission may, by notice in writing served on a recognized exchange company, recognized clearing house, recognized exchange controller or recognized investor compensation company, require it to supply the Commission with such information as the Commission may reasonably require for the performance of the functions of the Commission under any of the relevant provisions, including information in its possession relating to—
(a) in the case of a recognized exchange company, the affairs of any of its exchange participants;
(b) in the case of a recognized clearing house, the affairs of any of its clearing participants;
(c) in the case of a recognized exchange controller, the affairs of any of its subsidiaries; or
(d) in the case of a recognized investor compensation company, any claim made against the compensation fund.
(3) The supply of information under subsection (1) or (2) shall not be treated as publication for the purposes of the law of defamation and, without limiting the generality of section 380(3) but subject to section 378, a person supplying the information does not incur liability as a consequence thereof.
(4) Where any information is supplied under subsection (1) to a recognized exchange company, recognized clearing house, recognized exchange controller or recognized investor compensation company, the company concerned, the clearing house or the controller to whom the information is supplied shall not disclose the information, or any part of it, to any other person without the consent of the Commission.

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

92. Additional powers of Commission—restriction notices
(1) Subject to subsections (2), (6) and (14), where the Commission is satisfied that it is appropriate to do so—
(a) in the interest of the investing public or in the public interest;
(b) for the protection of investors; or
(c) for the proper regulation of a recognized exchange company, recognized clearing house, recognized exchange controller or recognized investor compensation company,
it may by notice in writing (restriction notice

93. Additional powers of Commission—suspension orders
(1) Where the Commission is satisfied that it is appropriate to do so—
(a) in the interest of the investing public or in the public interest;
(b) for the protection of investors; or
(c) for the proper regulation of a recognized exchange company, recognized clearing house, recognized exchange controller or recognized investor compensation company,
it may, after consultation with the Financial Secretary, make an order (suspension order

94. Application of Companies Ordinance and Companies (Winding Up and Miscellaneous Provisions) Ordinance
(Amended 28 of 2012 ss. 912 & 920)Where there is any inconsistency between this Part and the Companies Ordinance (Cap. 622) or the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) in its application to a recognized exchange company, a recognized clearing house, a recognized exchange controller or a recognized investor compensation company, this Part prevails.
(Amended 28 of 2012 ss. 912 & 920)