Cap. 351 sub. leg. A

Exchanges (Special Levy) Rules(Cap. 351, section 8) [24 December 1987](Format changes—E.R. 6 of 2021) 1. Citation These rules may be cited as the Exchanges (Special Levy) Rules.Remission of Levies 2. Remission of Commodity Exchange special levy (1) On the 1st trading day of each month the Futures Exchange Company shall remit all special levies imposed under section 3 of the Ordinance from the 15th day of the previous month to the last day of that month.(2) On the 1st trading day after the 14th day of each month the Futures Exchange Company shall remit all special levies imposed under section 3 of the Ordinance from the 1st day of that month to the 14th day of that month. 3. Remission of Stock Exchange special levy On or before the 7th trading day of each month the Stock Exchange Company shall remit all special levies imposed under section 4 of the Ordinance for the previous month. 4. Remission of levies collected before commencement The Exchange Companies shall include in their first remission following the commencement* of these rules, all special levies previously imposed under the Ordinance but not previously remitted. Editorial Note: * Commencement date: 24 December 1987. 5. Returns (1) The special levies shall be remitted as directed by the trustee and shall be accompanied by a return, signed by an authorized director of each Exchange Company, containing information required by the trustee.(2) A return and the amount of money remitted in respect of a return may be adjusted to reflect an error in a previous return, in a manner approved by the trustee. 6. Late remission charge If an Exchange Company fails to remit a special levy as and when required under these rules, it is liable to pay on demand by the trustee a late remission charge of 2 per cent above the best lending rate of The Hongkong and Shanghai Banking Corporation Limited calculated on a daily basis during the period of default on the amount of the late remission at the date of default.(L.N. 333 of 1989)Exchange Companies Examination and Audit 7. Records The Exchange Companies shall maintain proper books and records relating to the special levies imposed under the Ordinance. 8. Trustee’s access to records The Exchange Companies shall permit the trustee or his agent to have access to and to take copies of their books and records for the purposes of verifying compliance with the Ordinance and fulfilling his duties as trustee. 9. Audit report (1) Within one month, or within a later date specified by the trustee, after 30 June of each year each Exchange Company shall, at its expense, provide to the trustee, in a form required by him, a report by its company auditor appointed under the Companies Ordinance (Cap. 622), certifying that the returns submitted under rule 5 in respect of the special levies for the period from 1 July of the previous year to 30 June of the current year are correct and in accordance with the Ordinance. (L.N. 560 of 1994; 28 of 2012 ss. 912 & 920)(2) Within one month after 30 June of any year, an Exchange Company may in writing apply to the Commission for a waiver of the requirement in paragraph (1). (L.N. 560 of 1994)(3) Where the Commission receives an application under paragraph (2) from an Exchange Company, the Commission shall—(a) consult the trustee before deciding whether or not to grant the application; and(b) give notice to the Exchange Company in writing of its decision to approve or disapprove the application. (L.N. 560 of 1994)Trustee Administration and Audit 10. Deposit of fund money The trustee shall deposit the money of the special levy fund in a bank in Hong Kong within the meaning of section 2 of the Banking Ordinance (Cap. 155) unless otherwise authorized by the lenders under the facility letters.(49 of 1995 s. 53) 10A. Notification to the Secretary Where all the loans made under the facility letters are repaid, the trustee shall as soon as practicable deliver written notice of that fact to the Secretary together with a statement of the amount of the balance, if any, in the special levy fund.(71 of 1993 s. 7) 11. Accounts (1) The trustee shall keep accounts of all transactions of the special levy fund and shall prepare, in respect of the period from 29 October 1987 to 30 June 1988, and, subject to paragraph (2), afterward in respect of every period of one year ending on 30 June, a statement of the accounts of the fund which shall include a receipts and payments account and a balance sheet and shall be signed by the trustee. (71 of 1993 s. 8)(2) Upon the disposal of the balance, if any, in the special levy fund after the repayment of all the loans made under the facility letters, the trustee shall prepare, in respect of the period from the preceding 1 July to the date of such disposal, a final statement of the accounts of the fund in the same manner as required under paragraph (1). (71 of 1993 s. 8) 12. Fund audit The accounts of the special levy fund and the signed statement of the accounts shall be audited by the Director of Audit who shall certify the statement subject to such report, if any, as he may think fit. 13. Distribution and publication The trustee shall, within 6 months or an extended time authorized by the lenders—(a) after the end of each period in respect of which a statement of the accounts is required to be prepared under rule 11(1) and audited under rule 12; and(b) after the end of the period in respect of which a final statement of the accounts is required to be prepared under rule 11(2) and audited under rule 12,give to each lender under the facility letters and publish in the Gazette—(i) a copy of the signed and audited statement of the accounts and the report of the auditor prepared under rules 11 and 12; and(ii) a report of the trustee on the administration of the special levy fund during the period.(71 of 1993 s. 9)