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Welcome to ComplianceAsia News

We aim to offer all of the latest developments we think are relevant to compliance professionals dealing with issues in financial regulation with a focus on the Asian region. Many of the articles are from the  the US and the UK because these are the principal locations that effect how firms operate in Asia outside of the regulator that is closest to your Asian operation.

Entries in Hong Kong (3)

Monday
Nov232009

HKMA reports first disciplinary action in relation to Lehman Brothers related investment product

On 20 November 2009 the Hong Kong Monetary Authority (HKMA) reported that it had suspended Ms Leung Wai Yu’s registration for three months from 20 November 2009 to 19 February 2010.

HKMA’s investigation found that in March 2006, Ms Leung, who at the time was an employee of DBS Bank (Hong Kong) Limited, in the course of selling a client Constellation Credit Linked Note, had:

  • failed to diligently disclose and explain to the client the product’s risk; and
  • failed to complete the risk disclosure statement for the client in accordance with the bank’s internal control procedures      

The Constellation Credit Linked Note had included a reference to Lehman Brothers Holdings Inc. in respect of the occurrence of a credit event.

Mr Raymond Li, the Executive Director of the HKMA responsible for Securities Enforcement said: "This is the first time the HKMA has taken disciplinary action against a relevant individual in connection with a Lehman Brothers-related investment product.  There are other disciplinary cases which have reached an advanced stage and will be announced in due course."

Please use the following link to access the HKMA press release

Wednesday
Jul292009

Hong Kong updates

10 July 2009 SFC to further study proposal to allow remote participants to access futures market On 27th February 2009, the SFC issued a consultation paper inviting comments on whether the definition in futures contracts should be changed to allow overseas participants to participate in that market without an SFC license provided certain preconditions were met. The SFC received 16 written submissions with mixed response and is hence going to further the study before a decision can be made.

Click to read more ...

Monday
Jun152009

Another SFC notice relating to swine flu

The SFC today notified all licensed corporations to ensure that they had sufficient business continuity procedures in place to handle and actual or suspected swine flu amongst employees of those firms.  Unlike previous notices of this type, the SFC specified that they must be immediately notified if any firm has an actual or suspected case of the virus.

The circulars published by the SFC and available on sfc.hk set out specific procedures to have in place to ensure continuity of the licensed firms in the event of an outbreak.