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UNIFIED EXCHANGE COMPENSATION FUND - NOTICE FOR CLAIMS

Regulatory
02 Apr 2003

THE STOCK EXCHANGE OF HONG KONG LIMITED
(A wholly-owned subsidiary of Hong Kong Exchanges and Clearing Limited)

UNIFIED EXCHANGE COMPENSATION FUND

NOTICE FOR CLAIMS

With effect from 1 April 2003, the Securities and Futures Ordinance (Cap. 571) comes into effect and the Securities Ordinance (Cap. 333) is repealed.

According to Section 74(1) of Part XII of Schedule 10 to the Securities and Futures Ordinance, Part X of the repealed Securities Ordinance shall continue to apply to any claim for compensation against the Unified Exchange Compensation Fund in relation to any default of an exchange participant occurring before 1 April 2003.

It should not be inferred from this Notice that any default on the part of any exchange participant has occurred.

The Stock Exchange of Hong Kong Limited hereby gives notice in accordance with Section 74(4) of Part XII of Schedule 10 to the Securities and Futures Ordinance specifying that all claims for compensation against the Unified Exchange Compensation Fund in relation to any default of an exchange participant occurring before 1 April 2003 must be made on or before 3 October 2003.

This Notice does not intend to and does not in any way affect, vary, or extend the requirements and/or deadlines for claims against an exchange participant which have been specified by other notice(s) of The Stock Exchange of Hong Kong Limited in relation to that exchange participant and shall not be construed to have such effect.

Any person who, as a consequence of a default committed prior to 1 April 2003 in the course of or in connection with the stockbroking business of an exchange participant, has suffered pecuniary loss in relation to any money, securities or other property entrusted to or received by such participant or the partner(s) or employee(s) of such participant is entitled to claim compensation from the Unified Exchange Compensation Fund maintained by the Securities and Futures Commission in accordance with Part X of the repealed Securities Ordinance.

Any person who has previously made a claim against the Unified Exchange Compensation Fund shall not be required nor entitled to rely on this Notice to make any further claim in respect of any claim previously made in relation thereto. In addition, nothing in this Notice shall give any person a right to claim for compensation against the Unified Exchange Compensation Fund in respect of any matter which has previously been the subject of a submission to, or has been considered by, The Stock Exchange of Hong Kong Limited (including, for the avoidance of doubt, matters or claims which have been determined, settled, rejected, returned or lapsed).

Persons wishing to claim for compensation against the Unified Exchange Compensation Fund are required to execute a claim form and produce to the Compensation Committee of The Stock Exchange of Hong Kong Limited any securities, documents or statements of evidence which substantiate their claims. Claim forms may be obtained from The Stock Exchange of Hong Kong Limited, 1/F, One and Two Exchange Square, Central, Hong Kong.

All claims for compensation made against the Unified Exchange Compensation Fund must be received by The Stock Exchange of Hong Kong Limited at the above address before 5:00 p.m. on 3 October 2003, failing which the claims will be barred. A claim made against the Unified Exchange Compensation Fund shall be regarded as a claim under Section 109 of the repealed Securities Ordinance and that Section and the other provisions of Part X of that Ordinance shall apply accordingly.

No claim for compensation for any default of an exchange participant committed after 1 April 2003 may be made against the Unified Exchange Compensation Fund under the repealed Securities Ordinance.

Updated 02 Apr 2003