Securities and Futures Ordinance (Cap. 571) (Version Date: 01/04/2023)

A new version of the Securities and Futures Ordinance was published on Hong Kong e-Legislation, the official platform of the Hong Kong government for publicizing legal documents. The new version contains amendments resulting from the coming into force of the AML and CFT (Amendment) Bill 2022.
To recall, the new bill requires virtual asset service providers to meet fit and proper criteria in order to be registered and to comply with AML requirements including recordkeeping and customer due diligence obligations. Furthermore, they will have to adhere to safeguarding requirements concerning customer funds, adhere to conflict of interest requirements, and oblige with certain own funds requirements. Additionally their accounts will have to be audited on a regular basis. Also, the bill requires dealers in precious metals and stones to register with the „Commissioner of Customs and Excise“ and be subject to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance and corresponding requirements, if their size of cash transactions with customers exceed HK$120,000.
The new version of the Securities and Futures Ordinance now contains related provisions in Part XVI (Miscellaneous) of the ordinance as regards
– the powers of the Securities and Futures Commission (SFC) to make corresponding rules, codes, or guidelines or to disclose otherwise restricted information to third parties;
– the launch of investigations and the provision of penalties, and
– general requirements pertaining to documents to be filed with the Commission.