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

115. Application of section 114 in relation to conduct or activities outside Hong Kong
(1) If—
(a) a person actively markets, whether by himself or another person on his behalf and whether in Hong Kong or from a place outside Hong Kong, to the public any services that he provides; and
(b) such services, if provided in Hong Kong, would constitute a regulated activity,

then—
(i) the provision of such services so marketed shall be regarded for the purposes of section 114(1)(a) as carrying on a business in that regulated activity;
(ii) the person’s marketing of such services as referred to in paragraph (a) shall be regarded for the purposes of section 114(1)(b) as holding himself out as carrying on a business in that regulated activity; and
(iii) to the extent that the provision of such services involves the performance by a person of a function that, if performed in Hong Kong in relation to a regulated activity, would constitute a regulated function, the performance of such function by that person shall be regarded for the purposes of section 114(3)(a) as performance of that regulated function in relation to that regulated activity.
(2) If—
(a) a person actively markets, whether by himself or another person on his behalf and whether in Hong Kong or from a place outside Hong Kong, to the public any function that he performs; and
(b) such function, if performed in Hong Kong in relation to a regulated activity carried on as a business, would constitute a regulated function,

then—
(i) the performance of such function so marketed shall be regarded for the purposes of section 114(3)(a) as performance of that regulated function in relation to that regulated activity; and
(ii) the person’s marketing of such function as referred to in paragraph (a) shall be regarded for the purposes of section 114(3)(b) as holding himself out as performing that regulated function in relation to that regulated activity.

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

124. Duplicate printed licence, etc.
(Amended 19 of 2015 s. 9)(1) Subject to subsection (2), the Commission may, upon application in the prescribed manner and payment of the prescribed fee by a licensed corporation or a registered institution on the ground that its printed licence or certificate of registration is lost, defaced or destroyed, issue to the licensed corporation or the registered institution a duplicate of the printed licence or certificate of registration (as the case may be).
(2) In support of an application under subsection (1), the licensed corporation or the registered institution shall— (Amended 19 of 2015 s. 9)
(a) submit to the Commission a statutory declaration made by the licensed corporation or the registered institution stating the ground of the application and such other particulars as the case may require in order to verify the loss, defacement or destruction (as the case may be) of the printed licence or certificate of registration; and
(b) furnish to the Commission such other information as the Commission may reasonably require in relation to the application.
(Amended 19 of 2015 s. 9)

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

125. Requirement for executive officers
(1) A corporation licensed under section 116 shall not carry on any regulated activity for which it is licensed unless—
(a) every executive director of the licensed corporation who is an individual is approved by the Commission as a responsible officer of the corporation in relation to the regulated activity; and
(b) not less than 2 individuals, at least one of whom shall be an executive director of the licensed corporation, are approved by the Commission as the responsible officers of the corporation in relation to the regulated activity.
(2) A registered institution shall not carry on any regulated activity for which it is registered unless it has complied with section 71D of the Banking Ordinance (Cap. 155) in respect of the appointment of executive officers and such executive officers are in compliance with section 71C of that Ordinance (including section 71C of that Ordinance as read with section 71E of that Ordinance).
(3) If a licensed corporation contravenes subsection (1) or a registered institution contravenes subsection (2), without reasonable excuse, the licensed corporation or registered institution (as the case may be) commits an offence and is liable on conviction to a fine at level 6 and, in the case of a continuing offence, to a further fine of $2,000 for every day during which the offence continues.

126. Approval of responsible officers
(1) The Commission may, upon application by a licensed representative in the prescribed manner and payment of the prescribed fee, approve the applicant as a responsible officer of the licensed corporation to which he is accredited.
(2) The Commission shall refuse to approve an applicant as a responsible officer of a licensed corporation under subsection (1) unless the applicant satisfies the Commission that—
(a) he is a fit and proper person to be so approved; and
(b) he has sufficient authority within the licensed corporation.
(3) An approval under subsection (1) shall be subject to such reasonable conditions as the Commission may impose on the licensed corporation and the responsible officer concerned, and the Commission may at any time, by notice in writing served on the licensed corporation or the responsible officer concerned, amend or revoke any such condition or impose new conditions as may be reasonable in the circumstances.
(4) The approval of an individual as a responsible officer of a licensed corporation shall be deemed to be revoked if the individual—
(a) ceases to act as a licensed representative for or on behalf of; or
(b) ceases to be accredited to,

the licensed corporation.

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

127. Variation of regulated activity for which licensed person or registered institution is licensed or registered
(Amended 19 of 2015 s. 10)(1) The Commission may, upon application in the prescribed manner and payment of the prescribed fee, vary the regulated activity for which a licensed person or registered institution is licensed or registered by adding to or reducing the regulated activity. (Amended 19 of 2015 s. 10)
(2) If a person applies for variation under subsection (1) by adding a regulated activity, the application is, for the purposes of this Part, to be regarded as an application for a licence or registration (as the case may be) in relation to that regulated activity. (Replaced 19 of 2015 s. 10)

128. Applicant to provide information
(1) A person who applies—
(a) for a licence under section 116, 117, 120 or 121;
(b) for registration under section 119;
(c) for approval of accreditation or approval of transfer of accreditation to a principal, under section 122;
(d) for approval to be a responsible officer under section 126;
(e) for variation, under section 127, of the regulated activity for which the person is licensed or registered;
(f) for approval of premises under section 130(1);
(g) for approval to become or continue to be (as the case may be) a substantial shareholder under section 132;
(h) for a modification or waiver under section 134; or
(i) for any other matter requiring the approval of the Commission under this Part,

shall provide the Commission with such information as it may reasonably require to enable it to consider the application.
(2) In considering an application referred to in subsection (1), the Commission may have regard to any information in its possession whether provided by the applicant or not.
(3) The Commission may make rules providing for—
(a) the information to be provided by an applicant to enable the Commission to consider his application;
(b) the form, manner and time period in which such information is to be provided;
(c) any other matter relating thereto.

129. Determination of fit and proper