A Quick Guide to Hong Kong's Financial System and Services
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A Quick Guide to Hong Kong’s Financial System and Services The Investor Education Centre is supported by the financial regulators
1 Contents Financial Regulatory System 2 Markets and Products 8 Investing and Trading 18 Safeguards 22 Getting Useful Information 28 About IEC Established in November 2012 and supported by the four financial regulators in Hong Kong, the Investor Education Centre is a dedicated organisation with the mission of improving financial literacy in Hong Kong. It aims to better equip the general public with skills and knowledge to make informed financial decisions and manage their money wisely through the provision of comprehensive, credible and impartial financial information, tools and education resources.
3 Financial Regulatory System As an international financial centre, Hong Kong offers a sound regulatory framework and a raft of safeguards to financial consumers. Understanding how our markets and market players work is essential before you make decisions on how to plan and manage your money here. The Financial Services and the Treasury Bureau of the Hong Kong Special Administrative Region Government works closely with market regulators and participants to strengthen Hong Kong’s role as an international financial centre, asset management centre and offshore renminbi (RMB) business centre. The four financial regulators are the Hong Kong Monetary Authority (HKMA), the Mandatory Provident Fund Schemes Authority (MPFA), the Office of the Commissioner of Insurance (OCI) and the Securities and Futures Commission (SFC). They oversee the banking, the Mandatory Provident Fund (MPF), insurance as well as securities and futures industries respectively, and help maintain the financial stability of Hong Kong. As part of Hong Kong’s overall regulatory infrastructure for the financial services industries, the Investor Education Centre’s role in financial education is complementary to the work of the regulators.
4 5 Financial Regulators Hong Kong Monetary Authority Office of the Commissioner of Insurance The HKMA was established on 1 April 1993 by merging Empowered by the Insurance Companies Ordinance, the the Office of the Exchange Fund with the Office of OCI protects the interests of policyholders and promotes the Commissioner of Banking. Its main functions and the general stability of the insurance industry. Its work is to responsibilities are governed by the Exchange Fund authorise and supervise insurers, and regulate insurance Ordinance and the Banking Ordinance. The HKMA reports intermediaries through a self-regulatory system. to the Financial Secretary and is the government authority responsible for maintaining monetary and banking stability. Securities and Futures Commission Mandatory Provident Fund Schemes Authority Established in 1989, the SFC is an independent statutory body set up to regulate the securities and futures markets. The MPFA is a statutory body set up in 1998 under the With its powers derived from the Securities and Futures Mandatory Provident Fund Schemes Ordinance to assist Hong Ordinance and a subsidiary legislation, it maintains Kong’s workforce to accumulate savings for their retirement, and promotes the fairness, efficiency, competitiveness, through regulating and supervising privately managed MPF transparency and orderliness of the securities and futures schemes and overseeing the operation of occupational industry, and offers protection and education to the public retirement (ORSO) schemes. investing in financial products. Its investor education mandate has been transferred to the Investor Education Centre.
6 6 7 Regulation of Financial Markets, Products and Intermedi aries in Hong Kong Securities and Futures Hong Kong Monetary Mandatory Provident Fund Office of the Commissioner Commission Authority Schemes Authority of Insurance Regulates and authorises publicly Regulates and supervises banks and Regulates and supervises MPF Authorises and supervises insurance offered investment products and deposit-taking companies schemes / trustees companies their offering documents eg unlisted Regulates intermediaries ie banks Acts as the registrar of the ORSO Regulates intermediaries ie investment products and listed and bank staff who are registered schemes insurance agents and brokers exchange-traded funds (ETFs) and with the SFC for carrying on through overseeing self-regulatory real-estate investment trusts (REITs) Registers MPF intermediaries who businesses in securities and futures organisations offered to the public in Hong Kong are regulated by the HKMA, OCI and SFC for carrying on business in Licenses and supervises banking, insurance and securities intermediaries eg brokers, respectively investment advisers and fund houses Directly regulates takeovers and mergers of listed companies Oversees market operator ie Hong Kong Exchanges and Clearing Limited which regulates listed companies and listed structured products
9 Markets Hong Kong has an integrated network of institutions and markets providing wide-ranging products and services and to consumers and investors. Its financial markets are characterised by Products a high degree of liquidity with effective and transparent regulations minimum intervention by the government a low and simple tax policy that allows room for business initiatives a strong emphasis on the rule of law and fair market a stable currency regime with the exchange rate of the Hong Kong dollar to the US dollar kept at about HKD7.8 against USD1 no exchange controls and restrictions on capital inflows and outflows
10 11 Markets Products and services Key points to note Hong Kong Exchanges and Clearing Limited (HKEx) operates the securities and derivatives markets in Hong Kong and is the frontline regulator of listed Banking companies. Its stock exchange regulates listed issuers and administers listing, trading and clearing rules. Consumers can apply for credit Avoid over-borrowing. cards and borrow loans from banks. Keep loan payments to a level Financial institutions such as banks, fund managers, brokerages and Through opening savings, current, you can comfortably repay. insurance companies offer a wide range of banking, investment and time deposits, non-HKD, integrated Stay on track with your credit insurance products which include funds and investment-linked assurance and investment accounts, they can commitments. schemes (ILAS). transfer money, receive interest and Some institutions also provide trading and settlement services. conduct transactions of financial products. The staff of banks and brokerages, insurance agents, insurance brokers, and investment advisers act as intermediaries to sell, distribute and advise on the Insurance financial products. A full product range comprises life Ensure that you understand insurance policies (including ILAS), the risks of investing in ILAS. and non-life insurance policies ILAS are generally designed (including medical, critical illness, for consumers who have a accident, home, travel and motor) to long-term investment horizon cater for your needs. and a dual objective of investment and estate ILAS is a long-term investment-cum- planning; intend and are able life insurance product, with its policy to pay the premiums for the value determined by the insurer whole policy term; and accept based on the performance of the that their death benefits under “underlying or reference funds”. the ILAS are subject to The insurer, not the policyholder, investment risks. owns ILAS’s underlying assets.
12 13 Products and services Key points to note Products and services Key points to note Investment Stocks Funds When you invest in Hong Kong’s stock Watch out market risk, interest Funds must be authorised by the SFC SFC authorisation is not a market, it is important to understand rate risk, global and before they can be offered to the recommendation or the risks and know your limits. macroeconomic risk, Hong Kong public. endorsement of a product nor While you might make gains, business risk, uncertainties does it guarantee the you could also lose. about corporate earnings To be authorised, funds must meet commercial merits of a and mis-governance, the requirements in the SFC product or its performance. trading suspension and Handbook for Unit Trusts and Mutual An unauthorised fund is not liquidity risk. Funds, Investment-Linked Assurance subject to the regulation of the Schemes and Unlisted Structured SFC, its structures and Investment Products, covering operations may not be Bonds investment restrictions, fund manager / governed by any rules or A bond is a public or private debt Bonds carry credit risk, custodian / trustee eligibility, regulations in Hong Kong instrument issued for fund-raising interest rate risk, information disclosure and and the offering document purpose. The range of product exchange rate risk, operational matters. may not have been vetted by offerings, the open access for issuers liquidity risk, inflation risk Unauthorised funds can be distributed Hong Kong’s authorities. and investors, and the increasing and event risk. privately to professional investors and significance of offshore RMB bond High-yield bonds and bonds the onus is on the fund manager to issuances are conducive to with special features bear ensure that laws are not contravened. developing Hong Kong into an additional risks. international bond market.
14 15 Products and services Key points to note Products and services Key points to note ETFs Structured products An exchange traded fund (ETF) tracks, Tracking errors arising from A structured product is an investment replicates or corresponds to the charges and index changes, product embedded with a derivative performance of an underlying index or counterparty risk and under which the return is typically benchmark which can be on a stock currency risk. linked to the performance of the market, a specific segment of a stock reference underlying eg securities, market, a group of stock markets index; they may be listed or unlisted. or on bonds or commodities. Listed structured products in Hong Risks related to listed In some cases, an ETF tracks an index Kong include derivative warrants and structured products are of a market where access is restricted callable bull/bear contracts (CBBC). explained on the HKEx (such as the China A-share market website. and the Indian market), thus giving investors indirect access to that market. Unlisted structured products are Related risks include traded over the counter at banks and the product may not brokerages, and include be principal-protected. Leveraged forex equity-linked investments (ELI), its maximum potential Leveraged foreign exchange (forex) Leveraged forex may bring equity-linked deposits (ELD) and gain may be capped. contract is a “geared” investment substantial profits, but also currency- linked investment products. issuer credit risk. in which you invest in one currency equally, substantial losses, in on margin in the expectation that its a short period of time. exchange rate against another It is only suitable for the currency will rise or fall. Whether you disciplined investor who can make a profit or suffer a loss depends afford the loss when the on the difference between the currency moves against the exchange rates at which you open expectation. and close your position.
16 17 Products and services Key points to note Derivatives A derivative is a financial Issuer credit risk, absence of Buying property contract whose value derives from collaterals, gearing risk, expiry the performance of an underlying consideration, extraordinary People who consider migrating to Hong Kong through the Capital asset. Hong Kong’s exchange traded price movements, liquidity risk Investment Entrant Scheme (CIES) administered by the Immigration derivatives include options and futures and market risk. Department should note that property is no longer a permissible asset contracts1. under the CIES although it is a highly popular investment avenue for consumers. RMB products Hong Kong has no foreign-ownership restrictions on the sale of A renminbi (RMB) product is a generic RMB is a restricted currency residential, office, commercial or industrial property. Starting in late 2012, term which may include a wide and subject to exchange non-permanent residents and companies must pay a 15% Buyer’s Stamp range of investment products issued, controls. Duty when buying properties in Hong Kong. denominated or traded in RMB, or RMB may not always Qualified estate agents in Hong Kong are licensed by the Estate Agents may have exposure to RMB-linked appreciate. Authority (www.eaa.org.hk). assets or investments. You may not always receive RMB upon product There are different types of RMB redemption/sale. investment products which may have Secondary market may not be limited or no RMB-related underlying liquid or there may not be an investments and investors may be active secondary market for exposed to the currency risks of RMB the product. as well as other market risks. Onshore RMB (CNY) and offshore RMB (CNH) represent the same currency but are traded in different and separate markets which operate independently. RMB products traded in Hong Kong are typically valued at CNH, not CNY. CNH/CNY may trade at different prices. 1. For detailed product information, please visit sections Frequently Asked Questions and Understanding Risks of Structured Products of the HKEx website.
19 Investing Get prepared and Before you invest and trade, you should plan and do your homework. First of all, you should assess your financial needs and financial situation, Trading set the investment objectives and investment horizon, and find out your risk tolerance level taking into account your investment experience and knowledge and other personal circumstances. Then, understand the nature and risks of the financial products, identify those that suit your personal circumstances and determine the weights of different asset classes in your investment portfolio. Choose an intermediary If you use an intermediary to buy investment products, procure insurance policies, trade securities or get investment advice, remember to first shop around to compare the services provided and the fees charged. Besides, make sure the intermediary you use is properly licensed to conduct the regulated activity, and help the intermediary fully understand your circumstances and needs. You should check the licensing status of an intermediary from the register of his or her respective financial regulator (please refer to the table on pages 30 and 31 for details).
20 21 Trading procedures You should take the following important steps to trade or buy financial If you are from mainland China and are buying a life insurance policy, you products. should physically visit Hong Kong to procure the policy. You should also produce evidence of the date of entry. Different insurers may have other different requirements for their clients. Open an investment account and trade You can open a securities account with a brokerage by providing a valid Always answer all of the insurer’s questions honestly and to the best of identification document (eg passport), an address proof (eg water or your knowledge. If you do not disclose truthful and accurate details, your electricity bill issued within the last three months), and other documents policy may be terminated, or any future claim could be rejected. as required by the intermediary. A bank account may also allow you to make investments eg trading of stocks and funds. You should identify yourself to the bank with documents eg passport, and proof of address in your home country. Monitor continuously With the account ready, you can trade on the exchange or over-the- Keep track of your investments. Pay attention to contract notes, monthly counter depending on the nature of your investment. statements and any other reports provided by the intermediary or product When signing a client agreement with the intermediary, issuer. read the details carefully including the services provided, remuneration eg commission, brokerage fees and any other charges, and the risk disclosure statements. if you deal in margin trading, check the details of margin requirements, interest charges, margin calls, and under what Investing overseas through a Hong Kong circumstances your positions may be closed without your prior intermediary consent. In Hong Kong, certain taxes such as withholding tax, capital gains tax You should check with the intermediary and dividend tax do not apply. whether it has appointed any counterpart in that jurisdiction to execute Purchase insurance policies the trades, and ask the intermediary for the details of the counterpart beforehand such as the regulation, if any, it is subject to; You can buy insurance protection from an insurance agent or broker in the relevant execution and settlement arrangements, as well as person in Hong Kong. the obligations and responsibilities of each party involved in your Produce a valid travel document and provide a postal address for transactions; and future correspondence. any additional risks of conducting transactions and safekeeping your If you buy a life insurance policy, you may need to conduct a body assets overseas, among other things. check in Hong Kong. If your policy involves periodic premium payment, you need to be aware of the available payment channels. Always read carefully the client agreement, risk disclosure statement and/or offering documents, etc before making investment decisions.
23 Safeguards Protection Misconduct may give rise to losses of consumers and disrupt the markets. Financial regulators strive to promote market fairness, protect investors and minimise crime through combating offences such as insider dealing, market manipulation, unlicensed activities and money laundering. The Hong Kong Police Force and the Independent Commission Against Corruption fight commercial fraud and corruption respectively. Issuers of authorised investment products should disclose adequate and accurate information in the offering documents including the Product Key Facts Statement, to help you make informed decisions. Intermediaries eg staff of banks, brokerages, insurance agents and brokers, and investment advisers should explain to you clearly a product’s features and risks. Having regarded to the information collected through the “know your client” or “financial needs and risk profile assessment” process, an intermediary is required, when making a recommendation, to ensure that the suitability of the recommendation for that client is reasonable in all circumstances. The intermediary must tell you any benefits he or she would receive from a product issuer and his or her trading profit made from a back-to-back transaction, his or her capacity in the transaction and affiliation, if any, with the issuer, and generic terms and conditions under which you may receive a discount of fees and charges. If you have no knowledge of derivatives but intend to invest in a derivative product even without any solicitation or recommendation from the intermediary, the intermediary must still explain to you the relevant risks or advise you if the investment is suitable for you, depending on whether the derivative product is listed.
24 25 Enquiries and complaints If you have query about a product or service purchased, you should What Where How first of all contact the financial institution eg its complaints officer (if you want to file a complaint). If you are not satisfied with its response, approach the related regulator or self-regulatory body. Insurance companies, Office of the (852) 2867 2565 agents or brokers Commissioner of iamail@oci.gov.hk Insurance www.oci.gov.hk What Where How Conduct of insurance Insurance Agents (852) 2520 1868 agents Registration Board set hkfi@hkfi.org.hk Publicly offered Securities and Futures (852) 2231 1222 up under The www.hkfi.org.hk investment products, Commission complaint@sfc.hk Hong Kong Federation SFC licensees, and www.sfc.hk of Insurers suspected market misconduct and Conduct of insurance The Hong Kong (852) 2882 9943 breaches of brokers Confederation of info@hkcib.org Takeovers Code Insurance Brokers www.hkcib.org Banks and their staff Hong Kong Monetary (852) 2878 1378 Professional Insurance (852) 2869 8515 Authority bankcomplaints@hkma. Brokers Association info@piba.org.hk gov.hk www.piba.org.hk www.hkma.gov.hk MPF/ORSO schemes, Mandatory Provident (852) 2918 0102 MPF trustees, MPF Fund Schemes mpfa@mpfa.org.hk intermediaries Authority www.mpfa.org.hk Listed companies Hong Kong (852) 2840 3895 (listing-related matters Exchanges and info@hkex.com.hk except for takeovers Clearing Limited www.hkex.com.hk and mergers)
26 27 Compensation Legal redress The Deposit Protection Scheme protects depositors in Hong Kong, be it If you are unsatisfied with the outcome of your complaint, you may seek personal or corporate should a bank fail. Up to HKD500,000 protection legal advice and decide to take the matter to court. per depositor is offered for deposits, including principal and interest and The Small Claims Tribunal for claims of up to HKD50,000 denominated in HKD, RMB or any other currency, held with a bank member. The District Court for claims above HKD50,000 and up to HKD1,000,000 The Investor Compensation Fund compensates retail investors’ losses The Court of First Instance of the High Court of Hong Kong that has due to default of a Hong Kong licensed or registered intermediary or an unlimited jurisdiction authorised financial institution in relation to products traded on the Stock Exchange of Hong Kong and Hong Kong Futures Exchange. The maximum compensation per investor as a result of a single default is HKD150,000 for What Where How trading securities or futures contracts. The Compensation Fund compensates members of MPF schemes for Protection for deposits Deposit Protection (852) 1831 831 losses of accrued benefits that are attributable to misfeasance or illegal Scheme dps_enquiry@dps.org.hk conduct committed by MPF trustees and other persons concerned with the www.dps.org.hk administration of the schemes. Losses due to default Investor Compensation (852) 2523 7382 Resolution of intermediaries for Fund icc@hkicc.org.hk exchange-traded www.hkicc.org.hk The Financial Dispute Resolution Centre provides financial consumers with an products in Hong Kong independent, affordable and transparent avenue for mediation and arbitration to resolve monetary disputes at or below HKD500,000 with financial Losses due to conduct Compensation Fund (852) 2918 0102 institutions which are authorised by the HKMA or licensed by/registered with of MPF trustees and mpfa@mpfa.org.hk the SFC. people concerned with www.mpfa.org.hk scheme administration The Insurance Claims Complaints Bureau offers the insuring public free service for insurance claims complaints arising from all types of personal Mediation and Financial Dispute (852) 3199 5100 insurance policies of which the total claim amount does not exceed arbitration of monetary Resolution Centre fdrc@fdrc.org.hk HKD800,000. disputes www.fdrc.org.hk Claims complaints The Insurance Claims (852) 2520 1868 about personal Complaints Bureau iccb@iccb.org.hk insurance policies www.iccb.org.hk
29 Product information To find out more about a product, you should always read all the product offering documents or principal brochures which can be obtained from the issuer and/or intermediary; check with the issuer and/or intermediary to see whether the product is authorised by the SFC; seek professional advice from the intermediary about the product (including the details on its fees and charges and risks); and where necessary, request the issuer to provide additional information, which you may do via your intermediary. Getting Useful Information
30 31 Trading information Having bought a financial product, it is critical for you to keep track of its trading information. Regulated What Where Key information Source activities Listed securities and derivatives HKEx - HKExnews Banks’ securities Registration details and “Register of Securities prices, disclosure of interest and business and/or other any records of public Staff of Authorized market statistics regulated activities as disciplinary actions Institutions” and defined under the SFO taken by the SFC and/or “Register of Authorized Bond prices and related information HKMA - Central Moneymarkets Unit HKMA Institutions and Local Bond Price Bulletin Representative Offices” on HKMA website Retail fund prices, sales and Hong Kong Investment Funds redemptions, and related Association and individual fund Sales, marketing and Registration status, “Register of MPF information houses giving advice on MPF contact details of Intermediaries” on MPFA schemes intermediary and any website Underlying fund prices of ILAS Insurance companies public disciplinary actions taken by MPFA Interest and currency exchange Banks rates Business of selling/ Registration number, “Register of Insurance advising on insurance appointing insurer(s) Agents” of the Insurance policies and expiry date of Agents Registration Intermediaries information registration fee Board on The Hong Kong Federation of Look up public registers maintained by regulators or self-regulatory bodies to Insurers website check if an intermediary is properly licensed, authorised or registered. Member status, Register on The Hong Regulated membership number, Kong Confederation Key information Source contact details and line of Insurance Brokers activities of business website For example, Licence details, “Public Register of Member number and Register on Professional securities and futures contact details of Licensed Persons & registration number, Insurance Brokers dealing and advising complaints officer Registered Institutions” on contact details and line Association website and leveraged forex and any records of SFC website of business as defined under public disciplinary the Securities actions taken by and Futures the SFC Ordinance (SFO)
32 What to check from home If you are a national of a country or region outside Hong Kong, you should check with relevant authorities in your home country or region whether any requirements are imposed on you for investing overseas such as capital gain tax, currency conversion restrictions or foreign exchange controls or any other legal restrictions. This publication is intended to provide a general overview for information and educational purposes only and is not a comprehensive treatment of the subject matter. The information is provided generally without considering specific circumstances and should not be regarded as a substitute for professional advice. The Investor Education Centre (“IEC”) has not advised on, passed on the merit of, endorsed or recommended any of the products/services or types of products/services referred to in this publication. Readers should seek professional advice if they consider necessary. Examples and case studies provided in this publication are for educational purposes only.
Email: info@hkiec.hk Website: www.hkiec.hk The Investor Education Centre (“IEC”) is the owner of the copyright and other intellectual property rights in this publication. This publication (in whole or in part) may not be reproduced or distributed, or used for commercial purposes, without the prior written permission of the IEC. Copyright © 2014 Investor Education Centre. All rights reserved.
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