1964_SECURITIES_AND_FUTURES_COMMISSION_ORDINANCE — Page 86

HK Historical Laws 香港歷史法例 All AI Reviewed

86

CAP. 24]

Securities and Futures Commission

[1989 Ed.

(ii) Nothing in this paragraph shall affect paragraph (a).

(5) The Commission may, after consultation with the Financial Secretary, extend for a period or successive periods of not more than 3 months each the period during which a suspension order is to remain in force.

(6) Where a suspension order is made or extended under this section, the Commission shall-

(a) forthwith serve a copy of the order or notice in writing of the extension on the Exchange Company or clearing house to which the order relates; and

(b) cause the suspension order or, as may be appropriate, notice of such extension to be published in the Gazette.

(7) Where costs or expenses are reasonably incurred by the Commission or a director or employee thereof in connection with a suspension order, an amount equal to the amount of the costs or expenses shall be paid to the Commission on demand by the Exchange Company or clearing house concerned and shall be recoverable as a civil debt.

(8) Any person who knowingly contravenes subsection (2)(c) commits an offence.

PART VII

FUNDING

52. Levies

(1) In the case of every purchase and sale of securities recorded on the Unified Exchange or notified to it under its rules, the purchaser and the seller shall each of them be liable to pay to the Commission a levy at such rate as may be specified by order of the Governor in Council as a percentage of the consideration for such purchase and sale; and different rates may be specified under this subsection in respect of different classes of securities.

(2) In the case of every leviable transaction in each market of the Futures Exchange Company, the purchaser and the seller shall each of them be liable to pay to the Commission a levy of such amount as may be specified by order of the Governor in Council; and different amounts may be specified under this subsection in respect of different leviable transactions.

(3) (a) The Stock Exchange Company shall collect and account to the Commission for the levy referred to in subsection (1).

(b) The Stock Exchange Company shall retain the proportion of the levy collected under paragraph (a) that is equal to the percentage specified under paragraph (c) as the amount of the levy to be retained by it, and shall pay to the Commission the balance of such levy.

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86 CAP. 24] Securities and Futures Commission [1989 Ed. (ii) Nothing in this paragraph shall affect paragraph (a). (5) The Commission may, after consultation with the Financial Secretary, extend for a period or successive periods of not more than 3 months each the period during which a suspension order is to remain in force. (6) Where a suspension order is made or extended under this section, the Commission shall- (a) forthwith serve a copy of the order or notice in writing of the extension on the Exchange Company or clearing house to which the order relates; and (b) cause the suspension order or, as may be appropriate, notice of such extension to be published in the Gazette. (7) Where costs or expenses are reasonably incurred by the Commission or a director or employee thereof in connection with a suspension order, an amount equal to the amount of the costs or expenses shall be paid to the Commission on demand by the Exchange Company or clearing house concerned and shall be recoverable as a civil debt. (8) Any person who knowingly contravenes subsection (2)(c) commits an offence. PART VII FUNDING 52. Levies (1) In the case of every purchase and sale of securities recorded on the Unified Exchange or notified to it under its rules, the purchaser and the seller shall each of them be liable to pay to the Commission a levy at such rate as may be specified by order of the Governor in Council as a percentage of the consideration for such purchase and sale; and different rates may be specified under this subsection in respect of different classes of securities. (2) In the case of every leviable transaction in each market of the Futures Exchange Company, the purchaser and the seller shall each of them be liable to pay to the Commission a levy of such amount as may be specified by order of the Governor in Council; and different amounts may be specified under this subsection in respect of different leviable transactions. (3) (a) The Stock Exchange Company shall collect and account to the Commission for the levy referred to in subsection (1). (b) The Stock Exchange Company shall retain the proportion of the levy collected under paragraph (a) that is equal to the percentage specified under paragraph (c) as the amount of the levy to be retained by it, and shall pay to the Commission the balance of such levy.
Baseline (Original)
86 CAP. 24] Securities and Futures Commission [1989 Ed. (ii) Nothing in this paragraph shall affect paragraph (a). (5) The Commission may, after consultation with the Financial Secretary, extend for a period or successive periods of not more than 3 months each the period during which a suspension order is to remain in force. (6) Where a suspension order is made or extended under this section, the Commission shall- (a) forthwith serve a copy of the order or notice in writing of the extension on the Exchange Company or clearing house to which the order relates; and (b) cause the suspension order or, as may be appropriate, notice of such extension to be published in the Gazette. (7) Where costs or expenses are reasonably incurred by the Commission or a director or employee thereof in connection with a suspension order, an amount equal to the amount of the costs or expenses shall be paid to the Commission on demand by the Exchange Company or clearing house concerned and shall be recoverable as a civil debt. (8) Any person who knowingly contravenes subsection (2)(c) commits an offence. PART VII FUNDING 52. Levies (1) In the case of every purchase and sale of securities recorded on the Unified Exchange or notified to it under its rules, the purchaser and the seller shall each of them be liable to pay to the Commission a levy at such rate as may be specified by order of the Governor in Council as a percentage of the consideration for such purchase and sale; and different rates may be specified under this subsection in respect of different classes of securities. (2) In the case of every leviable transaction in each market of the Futures Exchange Company, the purchaser and the seller shall each of them be liable to pay to the Commission a levy of such amount as may be specified by order of the Governor in Council; and different amounts may be specified under this subsection in respect of different leviable transactions. (3) (a) The Stock Exchange Company shall collect and account to the Commission for the levy referred to in subsection (1). (b) The Stock Exchange Company shall retain the proportion of the levy collected under paragraph (a) that is equal to the percentage specified under paragraph (c) as the amount of the levy to be retained by it, and shall pay to the Commission the balance of such levy.
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86

CAP. 24]

Securities and Futures Commission

[1989 Ed.

(ii) Nothing in this paragraph shall affect paragraph (a).

(5) The Commission may, after consultation with the Financial Secretary, extend for a period or successive periods of not more than 3 months each the period during which a suspension order is to remain in force.

(6) Where a suspension order is made or extended under this section, the Commission shall-

(a) forthwith serve a copy of the order or notice in writing of the extension on the Exchange Company or clearing house to which the order relates; and

(b) cause the suspension order or, as may be appropriate, notice of

such extension to be published in the Gazette.

(7) Where costs or expenses are reasonably incurred by the Commission or a director or employee thereof in connection with a suspension order, an amount equal to the amount of the costs or expenses shall be paid to the Commission on demand by the Exchange Company or clearing house concerned and shall be recoverable as a civil debt.

(8) Any person who knowingly contravenes subsection (2)(c) commits an

offence.

PART VII

FUNDING

52. Levies

(1) In the case of every purchase and sale of securities recorded on the Unified Exchange or notified to it under its rules, the purchaser and the seller shall each of them be liable to pay to the Commission a levy at such rate as may be specified by order of the Governor in Council as a percentage of the consideration for such purchase and sale; and different rates may be specified under this subsection in respect of different classes of securities.

(2) In the case of every leviable transaction in each market of the Futures Exchange Company, the purchaser and the seller shall each of them be liable to pay to the Commission a levy of such amount as may be specified by order of the Governor in Council; and different amounts may be specified under this subsection in respect of different leviable transactions.

(3) (a) The Stock Exchange Company shall collect and account to the

Commission for the levy referred to in subsection (1).

(b) The Stock Exchange Company shall retain the proportion of the levy collected under paragraph (a) that is equal to the percentage specified under paragraph (c) as the amount of the levy to be retained by it, and shall pay to the Commission the balance of such levy.

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