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COMMODITY EXCHANGE COMPENSATION FUND - NOTICE FOR CLAIMS

Corporate
02 Apr 2003

Hong Kong Futures Exchange Limited
(A wholly-owned subsidiary of Hong Kong Exchanges and Clearing Limited)

COMMODITY EXCHANGE COMPENSATION FUND

(as Futures Exchange Compensation Fund under Part XII of Schedule 10 to
the Securities and Futures Ordinance)

NOTICE FOR CLAIMS

With effect from 1 April 2003, the Securities and Futures Ordinance (Cap. 571) comes into effect and the Commodities Trading Ordinance (Cap. 250) is repealed.

According to Section 75(1) of Part XII of Schedule 10 to the Securities and Futures Ordinance, Part VIII of the repealed Commodities Trading Ordinance and the repealed Commodities Trading (Contract Levy) Rules shall continue to apply to any claim for compensation against the Commodity Exchange Compensation Fund established under Part VIII of the repealed Commodities Trading Ordinance in relation to any default of an exchange participant occurring before 1 April 2003.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.

Hong Kong Futures Exchange Limited hereby gives notice in accordance with Section 75(4) of Part XII of Schedule 10 to the Securities and Futures Ordinance specifying that all claims for compensation against the Commodity 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 Hong Kong Futures Exchange Limited in relation to that exchange participant and shall not be construed to have such effect.

Any person who has sustained pecuniary loss because of a default committed prior to 1 April 2003 in the course of or in connection with the commodity futures trading business on Hong Kong Futures Exchange Limited of an exchange participant in respect of any money, futures contract or other property entrusted to or received by such participant or the director(s), partner(s) or employee(s) of such participant is entitled to claim compensation from the Commodity Exchange Compensation Fund maintained by the Securities and Futures Commission in accordance with Part VIII of the repealed Commodities Trading Ordinance .

Any person who has previously made a claim against the Commodity 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 Commodity Exchange Compensation Fund in respect of any matter which has previously been the subject of a submission to, or has been considered by, Hong Kong Futures Exchange 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 Commodity Exchange Compensation Fund are required to lodge a claim in writing together with any supporting documents or statements of evidence with Hong Kong Futures Exchange Limited, 12/F, One International Finance Centre, 1 Harbour View Street, Central, Hong Kong.

All claims for compensation made against the Commodity Exchange Compensation Fund must be received by Hong Kong Futures Exchange 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 Commodity Exchange Compensation Fund shall be regarded as a claim under Section 87 of the repealed Commodities Trading Ordinance and that Section and the other provisions of Part VIII 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 Commodity Exchange Compensation Fund under the repealed Commodities Trading Ordinance.

Updated 02 Apr 2003