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

101W. Power to require information from registered SIPs
(Not yet in operation)
(1) The Commission may, by a written notice, require a registered SIP to give to the Commission, in the form and manner set out in the notice, information required by the notice, regarding one or more of the following—
(a) the registered SIP’s activities and transactions in OTC derivative products;
(b) the risk management systems and policies established in respect of the registered SIP’s transactions in OTC derivative products;
(c) any other matter prescribed by the notification rules.
(2) The Monetary Authority may, by a written notice, require a registered SIP to give to the Monetary Authority, in the form and manner set out in the notice, information required by the notice, regarding one or more of the following—
(a) the registered SIP’s activities and transactions in OTC derivative products;
(b) the risk management systems and policies established in respect of the registered SIP’s transactions in OTC derivative products;
(c) any other matter prescribed by the notification rules.
(3) The registered SIP must give any information required to be given under subsection (1) or (2) within the period specified in the notice.

101X. Power to require registered SIPs to take certain action
(Not yet in operation)
(1) The Commission may, with the consent, or at the request, of the Monetary Authority, take the action specified in subsection (2), if the Commission has reasonable cause to believe that the registered SIP’s activities or transactions in OTC derivative products pose, or may pose, a systemic risk—
(a) in the securities and futures industry; or
(b) to the financial stability of Hong Kong.
(2) The action the Commission may take is to require, by a written notice, the registered SIP to do one or more of the following acts specified in the notice—
(a) to refrain from increasing, or to reduce, the registered SIP’s exposure arising from its positions in one or more specific classes;
(b) to collect collateral or to increase the amount of collateral collected;
(c) to post collateral or to increase the amount of collateral posted;
(d) to restrict the use of collateral;
(e) to restrict the type of collateral collected or posted;
(f) to take any other action prescribed by the notification rules.
(3) For the purposes of subsection (2)(a), a reference to the registered SIP’s exposure arising from its positions is a reference to the risk to which the registered SIP is exposed in respect of—
(a) the positions of the registered SIP; and
(b) the positions of another person to the extent to which the performance of the obligations arising from those positions is guaranteed by the registered SIP.
(4) A requirement in a notice served under this section takes effect at the time of the service of the notice or at the time specified in the notice, whichever is the later.

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

101Y. Application to Court of First Instance
(Not yet in operation)
(1) If a registered SIP fails to comply with a requirement made under section 101W(1) or 101X, the Commission may apply to the Court of First Instance for an inquiry into the failure.
(2) If a registered SIP fails to comply with a requirement made under section 101W(2), the Monetary Authority may apply to the Court of First Instance for an inquiry into the failure.
(3) The Court of First Instance may inquire into the case and if satisfied that—
(a) there is no reasonable excuse for the registered SIP not to comply with the requirement, order the registered SIP to comply with the requirement within the period specified by the Court; and
(b) the failure was without reasonable excuse, punish the registered SIP in the same manner as if the registered SIP had been guilty of contempt of court.
(4) If there is a reasonable likelihood that a registered SIP will fail to comply with a requirement referred to in subsection (1), the Commission may apply to the Court of First Instance for an order that the registered SIP take such action or refrain from taking such action as the Court directs.
(5) If there is a reasonable likelihood that a registered SIP will fail to comply with a requirement referred to in subsection (2), the Monetary Authority may apply to the Court of First Instance for an order that the registered SIP take such action or refrain from taking such action as the Court directs.
(6) An application under subsection (1), (2), (4) or (5) must be made by originating summons that is in Form No. 10 in Appendix A to the Rules of the High Court (Cap. 4 sub. leg. A).

101Z. Rule making power—notifications etc.
(Not yet in operation)
The Commission may, with the consent of the Monetary Authority and after consultation with the Financial Secretary, make rules to prescribe—
(a) in relation to a specific class—
(i) the threshold for the application of the notification requirement;
(ii) the period within which the notification requirement must be complied with;
(iii) the conditions, circumstances and criteria for deregistration; and
(iv) the conditions, circumstances and criteria for regarding a person’s position as reaching the notification level;
(b) additional information to be given by a person under section 101R(5)(b);
(c) matters on which information may be required to be given under section 101W(1)(c) and (2)(c);
(d) action a registered SIP may be required to take under section 101X(2)(f); and
(e) generally for better carrying out the purposes of this Division.

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

112. Amendment of Schedule 4
(1) The Financial Secretary may, by notice published in the Gazette, amend Part 1 of Schedule 4.
(2) The Commission may, after consultation with the Financial Secretary, by notice published in the Gazette, amend Parts 2, 3 and 4 of Schedule 4.

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

112A. Interpretation of Part IVA
In this Part—
certificate of re-domiciliation (遷冊證明書) means a certificate issued under section 112ZJC(3)(b); (Added 33 of 2021 s. 3)
non-Hong Kong fund corporation (非香港基金法團) has the meaning given by section 112ZJA(1); (Added 33 of 2021 s. 3)
OFC rules (《開放式基金型公司規則》) means rules made under section 112ZK, 112ZL or 112ZM;

open-ended fund company (開放式基金型公司) means a collective investment scheme constituted as a corporation that holds— (Amended 33 of 2021 s. 3)
(a) a certificate of incorporation issued under section 112C; or
(b) a certificate of re-domiciliation; (Amended 33 of 2021 s. 3)

proposed company (擬成立公司) means a company intended to be incorporated under this Part;
re-domiciled OFC (經遷冊公司) means an open-ended fund company that has become such a company under Division 8A; (Added 33 of 2021 s. 3)
scheme property (計劃財產), in relation to an open-ended fund company, means the property under the collective investment scheme that is constituted as the company;
sub-custodian (次保管人), in relation to an open-ended fund company, means a person to whom any scheme property of the company is entrusted for safe keeping, other than the custodian of the company;
sub-fund (子基金)—see section 112R.