Newsletter – April 2017

Content

  1. SFC reprimands and fines Guoyuan Securities Brokerage (Hong Kong) Limited HK$4.5 million for breaches of anti-money laundering guidelines
  2. Market Misconduct Tribunal sanctions Mayer Holdings Limited and its current and former senior management for late disclosure of inside information
  3. MMT finds no market misconduct in CITIC’s publication of a circular
  4. SFC reprimands and fines iSTAR International Futures Co. Limited HK$3 million over anti-money laundering-related internal control failures
  5. SFC bans Daniel Chen Chi Lik for life
  6. Retail investors convicted of illegal short selling

1. SFC reprimands and fines Guoyuan Securities Brokerage (Hong Kong) Limited HK$4.5 million for breaches of anti-money laundering guidelines

On 5 April 2017, the SFC has reprimanded Guoyuan Securities Brokerage (Hong Kong) Limited and fined it HK$4.5 million for its failure to conduct proper enquiries and scrutiny to mitigate the risks of money laundering and terrorist financing when processing third party fund transfers for clients between September 2010 and July 2012.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR43

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR43&appendix=0

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2. Market Misconduct Tribunal sanctions Mayer Holdings Limited and its current and former senior management for late disclosure of inside information

On 5 April 2017, the Market Misconduct Tribunal (“MMT”) fined Mayer Holdings Limited and nine of its current and former senior executives a total of HK$10.2 million after they were found to have failed to disclose inside information as soon as reasonably practicable as required under the Securities and Futures Ordinance (“SFO”).

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR44

For a copy of the MMT Report (Part I), please refer to:

http://www.mmt.gov.hk/eng/reports/Mayer_Holdings_Limited_PartI_Report_e.pdf

For a copy of the MMT Report (Part II), please refer to:

http://www.mmt.gov.hk/eng/reports/Mayer_Holdings_Limited_PartII_Report_e.pdf

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3.  MMT finds no market misconduct in CITIC’s publication of a circular

On 10 April 2017, the MMT has handed down its decision that in the publication of a circular on 12 September 2008, CITIC Limited (“CITIC”) and five of its former executive directors had not disclosed false or misleading information that was likely to maintain, increase, reduce or stabilize the price of CITIC shares and so had not engaged in market misconduct.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR45

For a copy of the MMT Report, please refer to:

http://www.mmt.gov.hk/eng/reports/Report_of_CITIC_e.pdf

4.  SFC reprimands and fines iSTAR International Futures Co. Limited HK$3 million over anti-money laundering-related internal control failures

On 12 April 2017, the SFC has reprimanded iSTAR International Futures Co. Limited, now known as Rifa Futures Limited, and fined it HK$3 million over failures to comply with anti-money laundering regulatory requirements when processing third party fund transfers.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR48

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR48&appendix=0

 

5.  SFC bans Daniel Chen Chi Lik for life

On 20 April 2017, the SFC has banned Mr Daniel Chen Chi Lik, a former staff of Bank of China (Hong Kong) Limited, from re-entering the industry for life following his conviction for theft by the Eastern Magistrates’ Court in October 2016.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR51

 

6. Retail investors convicted of illegal short selling

On 27 April 2017, the Eastern Magistrates’ Court convicted Mr Cheng Chi Fei and Mr Wong Kin after they pleaded guilty to illegal short selling in the shares of China Agri-Products Exchange Limited (“China Agri-Products”).

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR59

 

The article is for general information purpose only and is not intended to constitute legal or other professional advice.

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 


Newsletter – March 2017

Content

  1. Market Misconduct Tribunal sanctions Yorkey Optical, its CEO and Financial Controller for late disclosure of inside information
  2. SFC reprimands and fines Guangdong Securities Limited HK$3 million for breach of anti-money laundering guidelines and bans former responsible officer of Guangdong Securities Limited for nine months over internal control failures
  3. SFC reprimands and fines Zhongtai International Securities Limited HK$2.6 million for non-compliance with anti-money laundering regulatory requirements
  4. SFC reprimands and fines BOCOM International (Asia) Limited HK$15 million for sponsor failures
  5. MMT sanctions Augustine Cheong and his mother for insider dealing in Titan shares
  6. SFC reprimands and fines DBS Vickers (Hong Kong) Limited HK$2 million for regulatory breaches and internal control failures
  7. SFC bans Philip Leung Ming Yin for six months
  8. SFC reprimands and fines Merrill Lynch Far East Limited & Merrill Lynch (Asia Pacific) Limited HK$15 million over internal control failures

1.         Market Misconduct Tribunal sanctions Yorkey Optical, its CEO and Financial Controller for late disclosure of inside information

On 28 February 2017, the Market Misconduct Tribunal (“MMT”)  has found that Yorkey Optical International (Cayman) Limited, its CEO Mr Nagai Michio and Financial Controller Mr Ng Chi Ching failed to disclose inside information as soon as reasonably practicable under the corporate disclosure regime following proceedings brought by the SFC.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR26

For a copy of the MMT report, please refer to:

http://www.mmt.gov.hk/eng/reports/Report_of_Yorkey_e.pdf

2. SFC reprimands and fines Guangdong Securities Limited HK$3 million for breach of anti-money laundering guidelines and bans former responsible officer of Guangdong Securities Limited for nine months over internal control failures

On 6 March 2017, the SFC has reprimanded Guangdong Securities Limited (“GSL”), now known as Sinolink Securities (Hong Kong) Company Limited, and fined it HK$3 million for failures in complying with anti-money laundering guidelines when handling third party payments.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR27

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR29

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR27&appendix=0

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR29&appendix=0

3.  SFC reprimands and fines Zhongtai International Securities Limited HK$2.6 million for non-compliance with anti-money laundering regulatory requirements

On 14 March 2017, the SFC has reprimanded Zhongtai International Securities Limited, formerly known as Qilu International Securities Limited, and fined it HK$2.6 million for failures in complying with anti-money laundering regulatory requirements when handling third party fund deposits.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR32

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR32&appendix=0

4.  SFC reprimands and fines BOCOM International (Asia) Limited HK$15 million for sponsor failures

On 15 March 2017, the SFC has reprimanded and fined BOCOM International (Asia) Limited HK$15 million, for failing to discharge its duties as a sponsor in relation to the listing application of China Huinong Capital Group Limited.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR34

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR34&appendix=0

 

5.  MMT sanctions Augustine Cheong and his mother for insider dealing in Titan shares

On 15 March 2017, the MMT has found that a former senior executive of an affiliate of Titan Petrochemicals Group Limited, Mr Augustine Cheong Kai Tjieh, and his mother, Ms Gan Ser Soon, engaged in insider dealing in the shares of Titan in January 2012.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR35

For a copy of the MMT report, please refer to:

http://www.mmt.gov.hk/eng/reports/Report_of_Titan_e.pdf

 

6. SFC reprimands and fines DBS Vickers (Hong Kong) Limited HK$2 million for regulatory breaches and internal control failures

On 16 March 2017, the SFC has reprimanded DBS Vickers (Hong Kong) Limited and fined it HK$2 million for regulatory breaches and internal control failings relating to under-segregation of client money.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR36

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR36&appendix=0

 

7.SFC bans Philip Leung Ming Yin for six months

On 20 March 2017, the SFC has banned Mr Philip Leung Ming Yin, a former account executive of HSBC Broking Securities (Asia) Limited, from re-entering the industry for six months from 17 March 2017 to 16 September 2017 for failure in maintaining a proper record of the instructions as required by the SFC’s Code of Conduct.

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR37

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR37&appendix=0

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8. SFC reprimands and fines Merrill Lynch Far East Limited & Merrill Lynch (Asia Pacific) Limited HK$15 million over internal control failures

On 24 March 2017, the SFC has resolved its concerns with Merrill Lynch Far East Limited and Merrill Lynch (Asia Pacific) Limited over internal control failures.  Under the resolution, the SFC reprimanded and fined them a total of HK$15 million for breaches of the Code of Conduct and the Internal Control Guidelines relating to its reporting of Large Open Positions, electronic trading systems, distribution of research reports involving futures contracts and disclosure of market making activities in research reports..

For more details, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/doc?refNo=17PR40

For a copy of the Statement of Disciplinary Action, please refer to:

http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/enforcement-news/openAppendix?refNo=17PR40&appendix=0

The article is for general information purpose only and is not intended to constitute legal or other professional advice.

Receipt of this newsletter indicates that CompliancePlus has been using your email address to market to you the compliance services that CompliancePlus is able to provide you.

CompliancePlus provides compliance consulting services to financial companies, hedge fund managers and individuals. Our dedicated team of compliance officers has years of professional experience equipped with in-depth knowledge of both functional and compliance experience in managing and minimizing regulatory, operational and reputational risks. By partnering with CompliancePlus, our clients gain access to compliance solutions that they can trust and the latest knowledge of regulatory policies and procedures.

For enquiries, please email: [email protected] or call at +852-3487 6903.
To subscribe, update your email address or unsubscribe, please email [email protected] 

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