Hong Kong's new short position reporting rules, the Securities and Futures (Short Position Reporting) Rules, come into effect on 18 June 2012. The Rules require weekly reporting of net short positions in certain shares above the applicable threshold, being the lower of (i) 0.02% of the relevant company's issued share capital, and (ii) HK$30 million. The first day on which net short positions need to be calculated under the Rules is Friday, 22 June 2012 and the first day on which reports must be filed is Tuesday, 26 June 2012. The Securities and Futures Commission (SFC) has the power to change the reporting frequency to next day reporting in the event of emergencies.
Reporting needs to be made electronically through the SFC's Short Position Reporting System (SPRS). The SPRS is available through the SFC's Online Service Portal, which you can access by clicking “Online Services” on the SFC's website http://www.sfc.hk. If you expect to have net short positions to report, you must first register with the SFC through the SPRS and obtain a Short Position Reporting ID (a SPRID). For corporate umbrella funds, net short positions need to be calculated and reported separately for each sub-fund, so you must obtain a separate SPRID for each sub-fund.
The shares that are subject to the reporting requirement are listed on the SFC's website at: http://www.sfc.hk/sfc/html/EN/research/short-position-reporting/index.html.
The website also contains useful reference materials, including the standard format to be used for reporting, guidance notes for completing the short position reporting form, a user guide for the SPRS and FAQ on the short position reporting requirements. You can also subscribe to an email update service from the SFC to notify you of changes to the list of specified shares and other matters relating to the short position reporting requirements. However, market participants should also monitor any changes to the list on the SFC's website.
Please also refer our previous summary of the .
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