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

141. Service of notices, etc. on licensed persons
(1) Notwithstanding section 400, any written notice, decision or direction or other document (however described) to be, or required to be, issued or served (however described) to or on a licensed person for the purposes of this Ordinance shall for all purposes be regarded as duly issued or served only if—
(a) in the case of an individual, it is—
(i) delivered to him by hand; or
(ii) (A) left at, or sent by post to, the last residential address;
(B) sent by facsimile transmission to the last facsimile number; or
(C) sent by electronic mail transmission to the last electronic mail address, 
provided by the person to the Commission pursuant to section 120(6) or 121(4) (as the case may be); or
(b) in the case of a corporation, it is—
(i) delivered to any officer of the corporation by hand; or
(ii) (A) left at, or sent by post to, the last address;
(B) sent by facsimile transmission to the last facsimile number; or
(C) sent by electronic mail transmission to the last electronic mail address,
provided by the corporation to the Commission pursuant to section 116, 117, 130(1), 135(2) or 138(4) (as the case may be).
(2) Where a notice, decision or direction or other document (however described) is regarded as duly issued or served to or on a licensed person under subsection (1)(a)(ii) or (b)(ii), it shall for all purposes be regarded as issued or served to or on the licensed person, and as coming to his notice, at the time when—
(a) where it is left at an address, it is so left at that address;
(b) where it is sent by post to an address, it would in the ordinary course of post be delivered to that address;
(c) where it is sent by facsimile transmission to a facsimile number, it would in the ordinary course of transmission by facsimile be received at that number; or
(d) where it is sent by electronic mail transmission to an electronic mail address, it would in the ordinary course of transmission by electronic mail be received at that address.

142. Amendment of Schedule 5
The Financial Secretary may, by notice published in the Gazette, amend Schedule 5.

143. Amendment of Schedule 6
The Commission may, by notice published in the Gazette, amend Schedule 6.

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

144. Interpretation of Part VI
In this Part, unless the context otherwise requires—
specified amount requirements (指明數額規定) means the requirements specified in the financial resources rules pursuant to section 145(2)(a)(i).

145. Financial resources of licensed corporations
(1) The Commission may, after consultation with the Financial Secretary, make rules requiring licensed corporations to maintain such financial resources as are specified in the rules.
(2) Without limiting the generality of subsection (1) and without prejudice to section 398(7) and (8), the Commission may in the rules referred to in subsection (1)—
(a) require licensed corporations to maintain financial resources in accordance with—
(i) specified requirements as to the amount in which they are to be maintained; and
(ii) any other specified requirements;
(b) specify the assets, liabilities and other matters to be taken into account under the rules to determine the amount of the financial resources of licensed corporations for the purposes of the rules and the extent to which, and the manner in which, they are to be taken into account for that purpose;
(c) provide for the different treatment of the assets, liabilities and other matters for the purposes of the rules according to whether or not they are approved by the Commission for that purpose;
(d) provide that the rules, or any of the provisions of the rules, do not apply to licensed corporations which maintain financial resources, in Hong Kong or elsewhere, in accordance with an authorization of an authority, in Hong Kong or elsewhere, which in the opinion of the Commission performs a function which involves the imposition of requirements relating to financial resources of persons carrying on activities similar to any regulated activity for which a licensed person may be licensed, or apply to such licensed corporations with specified modifications or only in specified circumstances;
(e) provide for the grant of approvals for specified purposes and for the amendment or revocation of such approvals, and for the publication of such approvals and of any amendment or revocation of such approvals in the specified manner;
(f) require licensed corporations to submit to the Commission—
(i) at specified intervals, returns relating to their financial resources and trading activities; and
(ii) notice in writing of specified circumstances relating to their financial resources and trading activities;
(g) require licensed corporations to submit returns to the Commission in response to a request by the Commission for information relating to their financial resources and trading activities;
(h) provide for any other matter relating to financial resources of licensed corporations.

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

164. Restriction on receiving or holding of client assets
(1) No person shall receive or hold in Hong Kong client assets of an intermediary unless the person is—
(a) the intermediary;
(b) an associated entity of the intermediary; or
(c) an excluded person.
(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable—
(a) on conviction on indictment to a fine of $200,000 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.
(3) In this section, excluded person (豁除人士) means—
(a) any authorized financial institution;
(b) in the case of client collateral of any intermediary, any other intermediary or person with which or whom it is deposited, or to which or whom it is provided, in the circumstances referred to in paragraph (a)(A) or (B) or (b)(A) or (B) (as the case may be) of the definition of securities collateral