Cap. 571Z 《證券及期貨(徵費)令》Securities and Futures (Levy) Order

生效中

版本日期: 2015-11-13

Cap. 571Y

Cap. 571AA

Securities and Futures (Levy) Order

(Cap. 571, section 394)

(Enacting provision omitted—E.R. 1 of 2012)

[1 April 2003] L.N. 12 of 2003

(Format changes—E.R. 1 of 2012)

Part 1 — Preliminary

1. (Omitted as spent—E.R. 1 of 2012)

2. Interpretation

In this Order, unless the context otherwise requires—

currency futures contract (貨幣期貨合約) means a futures contract in respect of any currency; Mini-Hang Seng China Enterprises Index Futures Contract (小型恒生中國企業指數期貨合約) means a futures contract entitled “Mini-Hang Seng China Enterprises Index Futures Contract” for which the contract specifications are set out in the rules of the Futures Exchange Company; (L.N. 121 of 2008) Mini-Hang Seng Index Futures Contract (小型恒生指數期貨合約) means a futures contract entitled “Mini-Hang Seng Index Futures Contract” for which the contract specifications are set out in the rules of the Futures Exchange Company; Mini-Hang Seng Index Options Contract (小型恒生指數期權合約) means a futures contract entitled “Mini-Hang Seng Index Options Contract” for which the contract specifications are set out in the rules of the Futures Exchange Company; new futures contract (新期貨合約) means a futures contract that—(a)has been approved by the Commission for the purposes of section 20(2)(a) of the Ordinance; and(b)has not been traded on a recognized futures market operated by the Futures Exchange Company prior to the commencement of this Order; relevant period (有關期間), in relation to a new futures contract, means the period of 6 months commencing on the first day of trading in the contract on a recognized futures market operated by the Futures Exchange Company; securities market maker permit (證券莊家執照) means a permit which is issued to an exchange participant by the Stock Exchange Company in accordance with the rules of the Stock Exchange Company to carry out market making activities in respect of certain securities; (L.N. 121 of 2008) stock futures contract (股票期貨合約) means a futures contract entitled “Stock Futures Contract” for which the contract specifications are set out in the rules of the Futures Exchange Company.

(L.N. 121 of 2008)

2A. Rounding of levy amounts

If, in accordance with any other provision of this Order, the amount of a levy payable under section 394(1) of the Ordinance would, but for this section, include a fraction of a cent, the amount is to be rounded to the nearest cent.

(19 of 2015 s. 29)

Part 2 — Levy Payable in respect of Sale and Purchase of Securities Described in Section 394(1)(a) of Ordinance

3. Application of Part 2

This Part does not apply in relation to a sale and purchase of securities unless it is recorded on a recognized stock market or notified to a recognized exchange company under its rules.

4. Securities

Subject to sections 5 and 7A, for the purposes of section 394(1)(a) of the Ordinance, the levy payable for a sale and purchase of securities— (L.N. 121 of 2008)

(a)

is payable by the seller and purchaser; and

(b)

is—

(i)

in the case of the seller, 0.0027% of the consideration for the sale; or

(ii)

in the case of the purchaser, 0.0027% of the consideration for the purchase. (L.N. 142 of 2006; L.N. 56 of 2010; L.N. 74 of 2014)

5. Stock options

For the purposes of section 394(1)(a) of the Ordinance, the levy payable for a sale and purchase of a stock option—

(a)

is payable by the seller and purchaser; and

(b)

is—

(i)

in the case of the seller, 0% of the consideration for the sale; or

(ii)

in the case of the purchaser, 0% of the consideration for the purchase.

6. (Repealed L.N. 121 of 2008)

7. (Repealed L.N. 121 of 2008)

7A. Sale and purchase of securities by securities market maker permit holders

For the purposes of section 394(1)(a) of the Ordinance, the levy payable for a sale or purchase of securities by an exchange participant is nil, if the exchange participant—

(a)

holds a securities market maker permit in respect of the securities that is in force at the time of the sale or purchase; and

(b)

makes the sale or purchase in the course of making a market for the securities.

(L.N. 121 of 2008)

Part 3 — Levy Payable in respect of Sale and Purchase of Futures Contracts Described in Section 394(1)(b) of Ordinance

8. Application of Part 3

This Part does not apply in relation to a sale and purchase of a futures contract unless it is traded on a recognized futures market.

9. Futures contracts

Subject to sections 10, 11, 12 and 13, for the purposes of section 394(1)(b) of the Ordinance, the levy payable for a sale and purchase of a futures contract—

(a)

is payable by the seller and purchaser; and

(b)

is—

(i)

in the case of the seller, $0.54; or

(ii)

in the case of the purchaser, $0.54. (L.N. 142 of 2006; L.N. 56 of 2010; L.N. 74 of 2014)

10. Mini-Hang Seng Index Futures Contracts, Mini-Hang Seng Index Options Contracts and Mini-Hang Seng China Enterprises Index Futures Contracts

( L.N. 121 of 2008)

For the purposes of section 394(1)(b) of the Ordinance, the levy payable for a sale and purchase of a Mini-Hang Seng Index Futures Contract, a Mini-Hang Seng Index Options Contract or a Mini-Hang Seng China Enterprises Index Futures Contract— (L.N. 121 of 2008)

(a)

is payable by the seller and purchaser; and

(b)

is—

(i)

in the case of the seller, $0.10; or

(ii)

in the case of the purchaser, $0.10. (L.N. 142 of 2006; L.N. 56 of 2010; L.N. 74 of 2014;19 of 2015 s. 30)

11. Currency futures contracts

For the purposes of section 394(1)(b) of the Ordinance, the levy payable for a sale and purchase of a currency futures contract—

(a)

is payable by the seller and purchaser; and

(b)

is—

(i)

in the case of the seller, nil; or

(ii)

in the case of the purchaser, nil.

12. New futures contracts

For the purposes of section 394(1)(b) of the Ordinance, the levy payable for a sale and purchase of a new futures contract during the relevant period of the contract—

(a)

is payable by the seller and purchaser; and

(b)

is—

(i)

in the case of the seller, nil; or

(ii)

in the case of the purchaser, nil.

13. Stock futures contracts

For the purposes of section 394(1)(b) of the Ordinance, the levy payable for a sale and purchase of a stock futures contract or an option on such a contract—

(a)

is payable by the seller and purchaser; and

(b)

is—

(i)

in the case of the seller, $0.10; or

(ii)

in the case of the purchaser, $0.10. (L.N. 142 of 2006; L.N. 56 of 2010; L.N. 74 of 2014;19 of 2015 s. 31)

Part 4 — Levy Payable in respect of Sale and Purchase of Futures Contracts Described in Section 394(1)(c) of Ordinance

(Part 4 added L.N. 115 of 2011)

14. Application of Part 4

This Part applies in relation to a sale and purchase of a futures contract traded by means of authorized automated trading services.

15. Futures contracts traded by means of authorized automated trading services

(1)

(Repealed L.N. 74 of 2014)

(2)

For the purposes of section 394(1)(c) of the Ordinance, the levy payable for a sale and purchase of a futures contract traded by means of authorized automated trading services is nil. (L.N. 74 of 2014)

(3)-(4)

(Repealed L.N. 74 of 2014)