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

99. Commission to maintain register of authorized automated trading services
(1) The Commission shall maintain a register of authorized automated trading services in such form as it considers appropriate.
(2) The register maintained under subsection (1) shall contain in relation to each person who has been granted an authorization under section 95(2)—
(a) the name and business address of the person;
(b) such conditions of the authorization as the Commission considers appropriate; and
(c) such other particulars as are prescribed by rules made under section 397 for the purposes of this subsection.
(3) The register may be maintained—
(a) in a documentary form; or
(b) by recording the information required under subsection (2) otherwise than in a legible form, so long as the information is capable of being reproduced in a legible form.
(4) For the purposes of enabling any member of the public to ascertain whether he is dealing with a person who has been granted an authorization under section 95(2) in matters of or connected with any automated trading services and to ascertain the particulars of the authorization of such person, the register shall be made available for public inspection at all reasonable times.
(5) At all reasonable times, a member of the public may—
(a) inspect the register, or (where the register is maintained otherwise than in a documentary form) a reproduction of the information or the relevant part of it in a legible form; and
(b) obtain a copy of an entry in or extract of the register on payment of a fee prescribed by rules made under section 395.
(6) A document purporting to be—
(a) a copy of an entry in or extract of the register maintained under this section; and
(b) certified by an authorized officer of the Commission as a true copy of the entry or extract referred to in paragraph (a),
shall be admissible as evidence of its contents in any legal proceedings.
(7) Without derogating from the other provisions of this section, the Commission shall, in addition, cause the register to be available to the public in the form of an on-line record.

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

100. Rules by Commission
(1) Without prejudice to section 398(7) and (8), the Commission may make rules to—
(a) require a person authorized to provide automated trading services to supply the Commission with such information as the Commission requires to satisfy the Commission that the conditions specified in a notice served on the person under section 95(2) or 97 are complied with;
(b) provide for the time within which and the manner in which the information under paragraph (a) shall be provided;
(c) provide for the regulation of automated trading services and any other matters incidental thereto.
(2) Without limiting the generality of rules which may be made under subsection (1), such rules may—
(a) provide for the standards of conduct and practices to be complied with in relation to the provision of automated trading services;
(b) prohibit the use of misleading or deceptive advertisements in relation to the provision of automated trading services or impose conditions for the use of advertisements in relation to the provision of such services;
(c) require a person authorized to provide automated trading services—
(i) to take steps to avoid conflicts of interests, and specify the steps that shall be taken in the event that there is a potential or actual conflict of interest; and
(ii) to take such steps as the Commission may specify to ensure that there is integrity, orderliness, transparency and fairness in transactions conducted through the services, including steps to ensure that—
(A) a request for the services is to be dealt with properly and as expeditiously as is appropriate in the circumstances; and
(B) access rights to the services and the relevant trading conventions relating to the transactions to be conducted through the services are properly explained to the persons to whom the services are provided;
(d) provide for measures designed to discourage and identify any money laundering activities.
(3) Rules made under this section may provide that a person who, without reasonable excuse, contravenes any specified provision of the rules that apply to the person commits an offence and is liable to a specified penalty not exceeding—
(a) on conviction on indictment a fine at level 6 and a term of imprisonment of 2 years;
(b) on summary conviction a fine at level 3 and a term of imprisonment of 6 months.

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

101. Providing automated trading services without authorization
A person who, without reasonable excuse, contravenes section 95(1) commits an offence and is liable—
(a) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 7 years and, in the case of a continuing offence, to a further fine of $100,000 for every day during which the offence continues; or
(b) on summary conviction to a fine of $500,000 and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine of $10,000 for every day during which the offence continues.

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

101B. Reporting obligation
(1) A prescribed person must report an OTC derivative transaction to which subsection (2) applies—
(a) to the Monetary Authority; and
(b) in accordance with the reporting rules.
(2) This subsection applies to an OTC derivative transaction that—
(a) is specified in the reporting rules—
(i) in relation to the prescribed person; and
(ii) as a transaction that is required to be reported to the Monetary Authority;
(b) falls within the circumstances and the criteria specified in those rules—
(i) in relation to the prescribed person; and
(ii) for the application of the requirement to report referred to in paragraph (a)(ii); and
(c) does not fall within the circumstances specified in those rules—
(i) in relation to the prescribed person; and
(ii) as circumstances in which the requirement to report is taken to have been complied with.
(3) In addition, a prescribed person that is an authorized financial institution incorporated in Hong Kong must ensure that a subsidiary of that institution specified under subsection (5) complies in relation to an OTC derivative transaction with the requirement set out in subsection (4).
(4) The requirement is that the subsidiary reports to the Monetary Authority, in accordance with the reporting rules, an OTC derivative transaction—
(a) to which the subsidiary is a counterparty; and
(b) that is specified in those rules as a transaction to which subsection (3) applies.
(5) The Monetary Authority may, by a written notice given to an authorized financial institution incorporated in Hong Kong, specify for the purposes of subsection (3)—
(a) a particular subsidiary;
(b) more than one subsidiary; or
(c) subsidiaries generally.
(6) The Monetary Authority may specify under subsection (5) a subsidiary incorporated outside Hong Kong or a subsidiary incorporated in Hong Kong.
(7) Subject to an express agreement to the contrary by the parties to the transaction, a contravention of the reporting obligation in relation to an OTC derivative transaction does not of itself invalidate the transaction or affect any rights or obligations arising under, or relating to, the transaction.