Financial Services Regulatory Update 2024/08/23

  • Hong Kong Legislative Council Discusses Waiver of Stamp Duty for Transfer of REIT Units and Jobbing Business of Options Market-makers
  • Hong Kong Advances Comprehensive Regulatory Framework for Stablecoin Issuers and Uncertificated Securities Market
  • Hong Kong to Enhance Digital Asset Regulation in 18 Months
  • Hong Kong Monetary Authority Publishes the Consultation Conclusions on Review of Three-Tier Banking System
  • Hong Kong Insurance Authority Inspection Results in Enhancements to Anti-money Laundering Controls and Processes and Fine
  • Hong Kong Monetary Authority Issues a Report on Its Review of Virtual Banks
  • Hong Kong Securities and Future Commission and Insurance Authority Join Forces to Tackle Cross-sector Irregularities
  • The Stock Exchange of Hong Kong Limited Publishes Consultation Paper on a New Phase of Paperless Listing Reforms
  • Hong Kong’s Securities and Futures Commission Consults on Proposals to Abolish Mixed Media Offers
  • Hong Kong Accounting and Financial Reporting Council and the Supervision and Evaluation Bureau of the Ministry of the People’s Republic of China Enhances Cross-border Regulatory Collaboration to Improve the Effectiveness in Audit Regulation
  • The Monetary Authority of Singapore Sets Up Review Group to Strengthen Equities Market Development
  • Federal Trade Commission of United States Outlines Remedy Concerns in Amicus Brief After Jury Finds Google Illegally Monopolized App Store
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Financial Services Regulatory Update 2024/07/26

  • Significant Proposals by The Stock Exchange of Hong Kong Limited to Enhance the Corporate Governance Code
  • Hong Kong Exchanges and Clearing Limited Announces Implementation of Severe Weather Trading from September 23, 2024
  • Hong Kong Securities and Futures Commission Issues New Practice Notes to Enhance Transparency and Efficiency in Transactions
  • Hong Kong Securities and Futures Commission Sets Clear Timeline for Implementing an Uncertificated Securities Market in Hong Kong and Launches New Online Application And Submission System for Investment Products
  • Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority Welcome People’s Bank of China’s New Measure on Northbound Swap Connect Margin Collateral Arrangement
  • Hong Kong Financial Services and the Treasury Bureau and Hong Kong Monetary Authority Jointly Release Consultation Conclusions on Regulatory Regime for Stablecoin Issuers
  • Hong Kong Accounting and Financial Reporting Council Emphasizes Full Compliance with Laws and Regulations for Auditors in Hong Kong
  • Hong Kong Accounting and Financial Reporting Council Calls to Improve the Quality of Financial Reporting and Audit in Hong Kong
  • Hong Kong Accounting and Financial Reporting Council Emphasizes the Importance of Tone at the Top
  • Hong Kong Competition Commission Combats Anti-competitive Conduct Relating to Government Subsidy Scheme
  • Hong Kong Privacy Commissioner for Personal Data Finds that the Operation of the Worldcoin Project in Hong Kong Contravenes the Personal Data (Privacy) Ordinance
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Financial Services Regulatory Update 2024/06/15

  • New Era of Paperless Rights Issues and Open Offers in Hong Kong
  • Hong Kong Privacy Commissioner for Personal Data Publishes “Artificial Intelligence: Model Personal Data Protection Framework”
  • Updated Guide by The Stock Exchange of Hong Kong Limited on Listed Issuers’ Spin-off Proposals
  • Hong Kong Securities and Futures Commission Welcomes Progress on Implementation of Mainland-Hong Kong Mutual Recognition of Funds Enhancements
  • “Deemed-to-be-Licensed” Virtual Asset Trading Platform Applicants are Not Yet Licensed by Hong Kong Securities and Futures Commission
  • Hong Kong Securities and Futures Commission Adopts Treasury Units Regime for Authorized Real Estate Investment Trusts
  • Update on Streamlined Requirements for Eligible ETFs Adopting a Master-Feeder Structure in Hong Kong
  • China’s People’s Bank of China and State Administration for Market Regulation Introduce New Beneficiary Ownership Information Filing System
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JML Response to SFC Consultation on REIT Schemes and CISs Enhancements

JML Response to SFC Consultation on REIT Schemes and CISs Enhancements

We welcome and are generally in support of the proposals outlined in the SFC Consultation Paper (“Consultation Paper”) in March 2024 on (i) introducing a statutory scheme of arrangement and compulsory acquisition mechanism for real estate investment trusts (“REITs”) and (ii) enhancing the SFO market conduct regime for listed collective investment schemes (“CISs”).

We believe the proposals will be conducive to addressing a current gap in the regulatory framework for REITs listed in Hong Kong. The proposals will also more closely align the treatment of REITs with comparable international markets such as Australia and Singapore. The proposed enhancements to CISs are also welcome.

Our responses to the questions raised in the Consultation Paper are set out below.

JML Response to SFC Consultation on REIT Schemes and CISs Enhancements 20240524

Financial Services Regulatory Update 2024/05/24

  • People’s Bank of China, Hong Kong Securities and Futures Commission, and the Hong Kong Monetary Authority Jointly Release Enhancements, and Hong Kong Exchanges and Clearing Limited Implements Enhancement on Swap Connect to Advance High-quality Opening-up of China’s Financial Markets
  • Regulatory Concerns Against Greenwashing in Hong Kong
  • Hong Kong Exchanges and Clearing Limited Publishes Updated Guide for New Listing Applicants
  • Hong Kong Exchanges and Clearing Limited Publishes Regrouped Frequently Asked Questions for Debt Securities Issuers
  • Hong Kong Exchanges and Clearing Limited Publishes New and Regrouped Frequently Asked Questions for Structured Products Issuers
  • Hong Kong Exchanges and Clearing Limited Publishes Enforcement Bulletin April 2024
  • Hong Kong Monetary Authority Extends Green and Sustainable Finance Grant Scheme, Expands Scope to Cover Transition Finance
  • Hong Kong Government and Hong Kong Securities and Futures Commission Extend Grant Scheme for Open-ended Fund Companies and Real Estate Investment Trusts
  • Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority Hong Kong Monetary Authority Publish Joint Circular on Thematic Review of Non-Exchange Traded Investment Product Distribution
  • Cayman Islands Government Publishes the Anti-Money Laundering (Amendment) Regulations, 2024
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Financial Services Regulatory Update 2024/04/26

  • Hong Kong Securities and Futures Commission Obtains Compensation and Disqualification Orders Against Former Director and Chief Financial Officer of Changgang Dunxin Enterprise Company Limited for Failure to Detect and Prevent Asset Misappropriation by its Chairman
  • Hong Kong Securities and Futures Commission Suspends Dealings in Tianyun International Holdings Limited Shares Over Massive Missing Corporate Funds
  • Hong Kong Insurance Authority and the Hong Kong Independent Commission Against Corruption Conduct First Joint Operation Against Suspected Unlicensed Selling to Mainland Visitors
  • The Stock Exchange of Hong Kong Limited Publishes Conclusions on Proposed Amendments to Listing Rules Relating to Treasury Shares
  • Hong Kong Exchanges and Clearing Limited Publishes Conclusions on Climate Disclosure Requirements
  • Hong Kong Monetary Authority and the Hong Kong Securities and Futures Commission Initiate Further Consultation on Enhancements to Hong Kong’s Over-The-Counter Derivatives Reporting Regime
  • Hong Kong Securities and Futures Commission Consults on Proposals to Enhance REIT Regime and Securities and Futures Ordinance Market Conduct Regime for Listed Collective Investment Schemes
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Financial Services Regulatory Update 2024/03/28

  • Establishing an Effective Regulatory Ecosystem for Fund Management in Hong Kong
  • Recent Trend of Privatization in Hong Kong
  • Hong Kong Government Opens the New Capital Investment Entrant Scheme for Application
  • Hong Kong Securities and Futures Commission’s Quarterly Report Reveals Surge in Net Inflows to Investment Funds in Hong Kong
  • Hong Kong Government Adjusts Business Registration Fees and Waives the Business Registration Levy
  • Hong Kong Government Gazettes Inland Revenue (Amendment) Bill (Tax Concessions and Two-tiered Standard Rates) Bill 2024 with Tax Concessions and New Rate Structure
  • Hong Kong Accounting and Financial Reporting Council Reprimands Chan Steven Kwok Keung and Sino Corp CPA Limited and Imposes Pecuniary Penalties Totaling HK$100,000 for CPA Misconduct
  • Hong Kong Securities and Futures Commission and Hong Kong Exchanges and Clearing Limited Collaborate in Enforcement Action Against Two Former GEM-Listed Company Directors for Misconduct
  • Hong Kong Securities and Futures Commission Reminds Public Virtual Asset Trading Platforms Application Period Has Ended Under Transitional Arrangements
  • Cayman Islands Updates Beneficial Ownership Regime – Balancing Transparency and Privacy
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Financial Services Regulatory Update 2024/02/29

  • Hong Kong Government Welcomes European Union’s Removal of Hong Kong from Watchlist on Tax Co-operation
  • Hong Kong Securities and Futures Commission Publishes a Research Paper Reviewing Global and Local Securities Markets in 2023
  • Hong Kong Exchanges and Clearing Limited Publishes Results of Review of Issuers’ 2022 Annual Reports
  • Hong Kong Securities and Futures Commission Urges Investors to Check Regulatory Status of Virtual Asset Trading Platforms as Transition Period Will End Soon
  • Hong Kong Securities and Futures Commission Issues Guidance to Eligible Licensed Corporations on Participation in Wealth Management Connect Scheme
  • Hong Kong Securities and Futures Commission Sets Out Three-Year Strategic Priorities
  • Hong Kong Accounting and Financial Reporting Council Publishes the Latest Issue of its Quarterly Report
  • Hong Kong Government Launches Consultation on Legislative Proposals to Regulate Over-the-Counter Trading of Virtual Assets
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Financial Services Regulatory Update 2024/01/26

  • Hong Kong Continues to Drive Initiatives to Support Capitalizing Sustainable Finance Opportunities in the Asia-Pacific Region
  • Implications and Significance of the Latest Listing Rule Changes for Listed Issuers
  • Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority Issues Joint Circular on Intermediaries’ Virtual Asset-related Activities
  • Hong Kong Securities and Futures Commission Warns Public of Unauthorized Investment Product and Suspected Virtual Asset-Related Fraud
  • Hong Kong Exchanges and Clearing Limited Publishes Its 2023 Year in Review
  • Hong Kong Accounting and Financial Reporting Council Issues 2023 Audit Focus to Enhance Audit Quality Amid Challenging Market Conditions
  • Hong Kong Accounting and Financial Reporting Council Highlights the Importance of Continuous Professional Development in Ensuring Audit Quality and Managing Talent
  • Hong Kong Market Misconduct Tribunal Sanctions Mayer Holdings Limited and Its Former Senior Management for Late Disclosure of Inside Information
  • Consultation on Implementation of Global Minimum Tax and Minimum Top-Up Tax in Hong Kong
  • Hong Kong Financial Services and the Treasury Bureau and Hong Kong Monetary Authority Issue Consultation on Legislative Proposal to Implement Regulatory Regime for Stablecoin Issuers and Announcement on Introduction of Sandbox Arrangement
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Financial Services Regulatory Update 2023/12/15

  • Hong Kong Securities and Futures Commission Obtains Court Order to Disqualify Former Independent Non-Executive Director of a Listed Company for Three Years
  • The Stock Exchange of Hong Kong Limited Publishes Consultation Conclusions on GEM Listing Reforms
  • Hong Kong Monetary Authority Welcomes Enhancements to the Code of Banking Practice
  • The Stock Exchange of Hong Kong Limited Implements IPO “Double Dipping” Reforms
  • Ex-Listed Company Chairman and Two Others Charged by Hong Kong Independent Commission Against Corruption Jailed for Conspiracy to Defraud Over Acquisition of NZ Farms at Second Retrial
  • The Stock Exchange of Hong Kong Limited Publishes Guidelines for New Listing Applicants, Effective on January 1, 2024
  • Hong Kong Exchanges and Clearing Limited Welcomes APAC’s First Saudi Arabian Exchange Traded Fund
  • Hong Kong Securities and Futures Commission Highlights Key Regulatory Work and Market Data in Quarterly Report
  • Hong Kong Securities and Futures Commission Warns Public of HongKongDAO and BitCuped for Involvement in Suspected Virtual Asset-related Frauds
  • Hong Kong Exchanges and Clearing Limited Updates Listed Companies on Regulatory Developments and Compliance Standards in Latest Newsletter
  • The Stock Exchange of Hong Kong Limited Releases Analysis of 2022 Corporate Governance Practice Disclosure
  • Hong Kong Government Welcomes Passage of Inland Revenue (Amendment) (Disposal Gain by Holder of Qualifying Equity Interests) Bill 2023
  • Hong Kong Securities and Futures Commission Commences Legal Proceedings Against AMTD Global Markets Limited and its Former Executives for Non-Compliance in IPO-Related Investigations
  • Hong Kong Securities and Futures Commission Issues Regulatory Guidelines and Clearing Amendment Rules for Digital Securities
  • Hong Kong Securities and Futures Commission Publishes Circular on Tokenisation of Authorised Investment Products
  • Hong Kong Accounting and Financial Reporting Council Expects Active Cooperation and Full Compliance by PIE Auditors with the Accounting and Financial Reporting Council Ordinance and Their Self-Reporting of Critical Incidents in a Timely Manner
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Financial Services Regulatory Update 2023/11/24

  • Hong Kong’s Role in Environmental, Social, and Governance ESG Digitalization and Inclusion under the Belt and Road Initiative
  • Stock Exchange of Hong Kong Limited’s Update on Consultation on Enhancement of Climate Disclosures under Environmental, Social, and Governance ESG Framework
  • Hong Kong Securities and Futures Commission Supports and Sponsors the Development of an Industry-Led Voluntary Code of Conduct for Environmental, Social, and Governance ESG Ratings and Data Products Providers
  • Hong Kong Competition Commission Takes Estate Agencies’ Price-Fixing Cartel Case to Hong Kong Competition Tribunal
  • Concealing Any Conflict of Interest Related to One’s Official Duties in Order to Benefit Oneself or Associates May Constitute A Violation of Hong Kong’s Prevention of Bribery Ordinance or Other Criminal Offences
  • Stock Exchange of Hong Kong Limited Publishes Consultation Paper on Proposed Amendments to Listing Rules Relating to Treasury Shares and Guidance Letter on Issuers’ Automatic Share Buy-back Programs
  • Hong Kong Securities and Futures Commission Consults Further on Proposed Amendments for Implementing an Uncertificated Securities Market
  • Hong Kong Monetary Authority Publishes the “e-HKD Pilot Programme Phase 1 Report”
  • Gazettal of Bankruptcy and Companies Legislation (Miscellaneous Amendments) Ordinance 2023 (Commencement) Notice 2023
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Financial Services Regulatory Update 2023/10/27

  • Hong Kong Independent Commission Against Corruption Hosts First Major Infrastructure Anti-Graft Training for Belt and Road Countries to Co-Build ‘Clean Silk Road’
  • Hong Kong Accounting and Financial Reporting Council Urges Auditors and Audit Committees to Follow Guidance Notes on Change of Auditors
  • Hong Kong Exchanges and Clearing Limited Adds Saudi Exchange as Recognised Stock Exchange
  • Hong Kong Exchanges and Clearing Limited Launches Synapse, A Settlement Acceleration Platform for Stock Connect
  • Hong Kong Securities and Futures Commission, the Independent Commission Against Corruption and the Accounting and Financial Reporting Council Conduct First Tripartite Operation Against Suspected Corporate Fraud and Misconduct
  • Hong Kong Securities and Futures Commission Consults on Market Sounding Guidelines
  • Hong Kong Securities & Futures Commission Issues Takeovers Bulletin Clarifying on Calculation of Acceptances Under Rules 2.2 and 2.11 of Takeovers Codes
  • Hong Kong Police Force and Hong Kong Securities and Futures Commission Establish Joint Working Group on VATPs
  • Hong Kong Accounting and Financial Reporting Council (AFRC) Publishes Its Quarterly Report for October 2023
  • The Gazettal of Inland Revenue (Amendment) (Disposal Gain by Holder of Qualifying Equity Interests) Bill 2023
  • Ex-Hong Kong University of Science and Technology Supplier Charged by Hong Kong Independent Commission Against Corruption Jailed for 28 Months over Concealing Conflict of Interest in HK$3.2m Procurement
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Financial Services Regulatory Update 2023/09/28

  • Hong Kong Accounting and Financial Reporting Council Investigation Report Shows Auditors’ Inadequate Response to Increasing Incidence of Fraud in Financial Statements
  • Hong Kong Securities and Futures Commission Issues Warning Statement on Unregulated Virtual Asset Trading Platform
  • The Stock Exchange of Hong Kong Limited to Launch FINI on November 22, 2023
  • The Stock Exchange of Hong Kong Limited Publishes Consultation Paper on GEM Listing Reforms
  • Hong Kong Securities and Futures Commission Amends the Codes on Takeovers and Mergers and Share Buy-backs
  • Hong Kong Securities and Futures Commission’s Takeover Bulletin Clarifies the Effects of Irrevocable Undertakings
  • Hong Kong Securities and Futures Commission Issues Quarterly Report
  • Hong Kong Monetary Authority Publishes Joint Report on Project Sela
  • Hong Kong Exchanges and Clearing Limited Celebrates Opening of London Office
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Financial Services Regulatory Update 2023/08/25

  • The Importance of Integrity and Incorruptibility in Hong Kong’s Financial Markets – Insights from Singapore Prime Minister Lee Hsien Loong’s National Day Rally Speech
  • Importance of Prompt Disclosure of Certain Specific Inside Information During Audit Period
  • Hong Kong Securities and Futures Commission Concludes Consultation on Amendments to Enforcement-Related Provisions of the Securities and Futures Ordinance
  • Hong Kong Securities and Futures Commission Publishes Review of The Stock Exchange of Hong Kong Limited’s Performance in Regulating Listing Matters
  • Hong Kong Securities and Futures Commission Welcomes International Organization of Securities Commissions’ Endorsement of New Sustainability Disclosure Standards
  • Hong Kong Exchanges and Clearing Limited Welcomes Further Stock Connect Enhancements between Hong Kong and Mainland China
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Financial Services Regulatory Update 2023/07/22

  • Hong Kong’s New Risk-based Capital Regime and Its Implications to the Insurance Industry
  • Hong Kong Exchanges and Clearing Limited’s New IPO Settlement Platform, FINI, to Launch in October
  • The Hong Kong Securities and Futures Commission and The Stock Exchange of Hong Kong Limited Sign Second Addendum to Memorandum of Understanding Governing Listing Matters
  • The Hong Kong Securities and Futures Commission and the Hong Kong Accounting and Financial Reporting Council join Forces to Combat Misconduct by Listed Issuers
  • Hong Kong Exchanges and Clearing Limited Signs Cooperation Agreement with Beijing Stock Exchange and Ningbo Municipal People’s Government
  • Speech by Tim Lui, Chairman of the Hong Kong Securities and Futures Commission at Law Society of Hong Kong’s Forum Emphasizing Hong Kong’s Unique access to China’s Capital Markets
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Financial Services Regulatory Update 2023/06/23

  • Hong Kong Accounting and Financial Reporting Council Sets out Its Position on Documentation of an Auditor’s Work on “Other Information” Included in the Annual Report of a Listed Entity
  • Hong Kong Exchanges and Clearing Limited Publishes Regulation Newsletter for Listed Issuers : Disclosure of Business Valuations in Transactions
  • Hong Kong Securities and Futures Commission Consults on Revisions to Takeovers and Share Buy-Back Rules
  • Hong Kong Exchanges and Clearing Limited Launches Hong Kong Dollar – Renminbi Dual Counter Model and Dual Counter Market Making Programme
  • Hong Kong Securities and Futures Commission Concludes Consultation on Regulation of Virtual Asset Trading Platforms
  • Hong Kong Securities and Futures Commission Concludes Consultation on the Position Limit Regime
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Financial Services Regulatory Update 2023/05/26

  • The People’s Bank of China, Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority Commences Mutual Access between the Mainland and Hong Kong Interest Rate Swap Markets
  • Hong Kong Exchanges and Clearing Limited Launches Hong Kong Dollar – Renminbi Dual Counter Mode on June 19, 2023
  • The Stock Exchange of Hong Kong Limited Publishes Consultation Paper on Enhancement of Climate Disclosure under ESG Framework
  • Hong Kong Securities and Futures Commission and the China Securities Regulatory Commission Hold High-Level Enforcement Cooperation Meeting
  • The Hong Kong Monetary Authority Publishes “AML Regtech: Network Analytics” Report
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Financial Services Regulatory Update 2023/04/21

  • Update on the Launch of Renminbi Counter for Trading of Shares by Hong Kong Exchanges and Clearing Limited
  • Recent Updates on the Anti-Money Laundering and Counter-Terrorist Financing Ordinance
  • Hong Kong Securities and Futures Commission Publishes Quick Reference Guides for Licensing Requirements regarding Family Offices, etc.
  • Hong Kong Securities and Futures Commission Consults on Proposed Subsidiary Legislation for Implementing an Uncertificated Securities Market in Hong Kong
  • The Stock Exchange of Hong Kong Limited Announces New Listing Framework for the Listings of Specialist Technology Companies
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Financial Services Regulatory Update 2023/03/24

  • Implications of the New Mainland Rules for Overseas Listings to Hong Kong Takeover Transactions
  • The Stock Exchange of Hong Kong Limited Publishes Consultation Paper on Rule Amendments Following Mainland China Regulation Updates and Other Proposed Rule Amendments Relating to PRC Issuers
  • The Hong Kong Exchanges and Clearing Limited Publishes Enforcement Bulletin to Remind Directors of their Duties to Safeguard the Assets or Interests of Issuers
  • Hong Kong Exchanges and Clearing Limited Publishes an Updated Guide on General Meetings
  • Hong Kong Exchanges and Clearing Limited Publishes Frequently Asked Questions on PRC’s New Filing Requirements for Overseas Listings and Securities Offerings by Mainland companies 118-2023
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