(b) 持牌買賣商與下列人士所訂立,或代其訂立的所有合約及進行交 易的詳情,包括第(3)款所指明的詳情─
" (b) particulars, including those specified in subsection (3), of all contracts and transactions entered into by the licensed trader with or on behalf of-"
(i) 已簽署第5條所指明的客戶協議書的客戶;
(i) its clients who have signed the client agreement as specified in section 5;
(ii) 已簽署第8條所指明的全權委託戶口協議書的客戶;
(ii) its clients who have signed the discretionary account agreement as specified in section 8;
(v) 持牌買賣商本身;及
(v) the licensed trader itself; and
(c) 持牌買賣商在經營其根據本條例獲發牌經營的業務的過程中所作 出或接獲的所有合約、客戶協議書、全權委託戶口協議書、買賣指示表格 及所有其他協議書、確認書及結單、名冊、記錄、備忘錄及通訊文件的副 本。
" (c) copies of all contracts, client agreements, discretionary account agreements, order forms and all other agreements, confirmations and statements, registers, records, memoranda and correspondence made or received by the licensed trader in the course of the business for which it is licensed under the Ordinance."
(3) 在第(2)(b)款所提述的額外詳情為─
(3) The additional particulars referred to in subsection (2) (b) are-
(a) 每份該等合約或每宗該等交易所產生的費用及貸項;
(a) the charges and credits arising from each of those contracts or transactions;
(b) 每份該等合約或每宗該等交易的當事人的名稱;
(b) the names of the parties to each of those contracts or transactions;
(c) 每份該等合約或每宗該等交易的執行日期和時間;及
(c) the date and time of execution of each of those contracts or transactions; and
(d) 有關指令及其他條款和條件的細節。
(d) details of the relevant instructions and other terms and conditions.
(4) 就每個交易日,持牌買賣商須保存包括下列事項的記錄─
" (4) For each trading day, the licensed trader shall maintain records which include-"
(a) 在每個交易日終結時,就持牌買賣商本身的戶口及其每名客戶及 獲承認對手方的戶口而言,按照市值計算差額的持倉量;
(a) the marked to market position for its own accounts and the accounts of each of its clients and recognized counterparties at the end of a trading day;
(b) 就每份由持牌買賣商執行的合約─
(b) for each contract executed by the licensed trader-
(i) 持牌買賣商向其客戶所報的買入價和賣出價;
(i) the bid and offer prices quoted by the licensed trader to the client;
(ii) 合約的執行價;及
(ii) the price at which the contract is executed; and
(iii) 執行合約時由一間聲譽好的財經資訊服務機構向公眾或其訂戶 所公布及傳播的買入價和賣出價;及
" (iii) the bid and offer prices at the time of execution of the contract as quoted and disseminated to the public, or to subscribers, by a reputable financial information services organization; and"
(c) 持牌買賣商每日就一種貨幣相對於另一種貨幣的好倉或淡倉而收 取或支付的利率差額。
" (c) the interest rate differentials which are charged or paid by the licensed trader on a daily basis for being long or short, one currency against another."
(5) 持牌買賣商須確保其記錄足以顯示《槓桿式外匯買賣(財政資源) 規則》(第451章,附屬法例)的規定是否在所有時間都獲得遵守。
(5) The licensed trader shall ensure that its records are sufficient to demonstrate whether or not the Leveraged Foreign Exchange Trading (Financial Resources) Rules (Cap 451 sub. leg.) have been complied with at all times.
(6) 持牌買賣商須採取所有的合理所需程序,以─
(6) The licensed trader shall adopt all reasonably necessary procedures for-
(7) 除本條例及本規則另有規定外,持牌買賣商須保留本條所規定的 記錄不少於7年。
" (7) Except as otherwise provided in the Ordinance and these Rules, a licensed trader shall retain the records required by this section for a period of not less than 7 years."
(1) 就本條例第22條而言,除第(4)款另有規定外,持牌買賣商須在合 約執行後的後一個交易日終結之前,擬備及向客戶發送─
" (1) For the purposes of section 22 of the Ordinance, a licensed trader shall, subject to subsection (4), make out and dispatch to a client no later than the end of the next trading day after the execution of a contract-"
(b) 有關交易日的戶口結單。
(b) a statement of account for the relevant trading day.
(a) 持牌買賣商在證監會註冊的名稱和其地址;
(a) the name of the licensed trader as registered with the Commission and its address;
(b) (i)凡持牌買賣商是以主事人身分行事,關於此點的聲明;或
" (b) (i) where the licensed trader is acting as principal, a statement that it is so acting; or"