Hong Kong's Securities and Futures Commission (SFC) has issued a reminder to market participants to comply with the requirements of the short position reporting regime. The Securities and Futures (Short Position Reporting) Rules came into effect on 18 June 2012.
The reminder comes after the SFC identified deficiencies and shortcomings in compliance. The SFC warns that "contravention of the Rules without reasonable excuse may constitute a criminal offence and may call into question the adequacy of internal controls of SFC-licensed corporations."
Examples of lapses include:
- late filing of reports due to oversight or delays arising from change of personnel or overseas public holidays
- inaccurate or late filings where a market participant has appointed an agent to report on its behalf
- obvious errors in reports