Worked explanations
The paper carries one for every question, at the back. These are the three above.
Q1
B
Ch. 4: Topic 4 - Licensing and registration, and subsidiary legislation
Answer: B - Standardized interest rate swaps with the currency, index and tenor features in Schedule 1
Because Only the transactions specified in section 2 of Schedule 1 are specified for the clearing obligation, and those are basis swaps, fixed-to-floating swaps and overnight index swaps that carry all the currency, floating rate index, tenor, optionality and constant notional features listed for an item in the tables. Cap. 571AN s.4
The same specified transactions define the scope of the record keeping obligation in these rules. Cap. 571AN s.5
Where the other options lead
- A.Reporting scope applied to clearing. That is the scope of the reporting obligation, which is far wider; clearing reaches only the listed standardized interest rate swaps.
- C.Product class assumed to be enough. Credit default swaps are not specified at all, and even an interest rate swap is caught only if it matches a listed set of features.
- D.Excluded products treated as caught. Deliverable foreign exchange forwards and swaps are excluded from the definition of an outstanding trade and are not specified for clearing.
Q2
C
Ch. 3: Topic 3 - Securities and Futures Ordinance
Answer: C - He incurs no civil liability by reason only of that performance in good faith
Because A person incurs no civil liability in contract, tort, defamation, equity or otherwise by reason only of his performance in good faith of a function under any of the relevant provisions. SFO s.380(1)
Where the other options lead
- A.Immunity made truth-dependent. The protection turns on good faith performance, not on proving the statement true.
- B.Immunity confused with indemnity. The statute removes the liability itself rather than shifting who pays for it, and imposes no indemnity on the Commission.
- D.Immunity narrowed to the body. The protection is expressed to cover any person performing the function.
Q3
C
Ch. 6: Topic 6 - Business operations and practices
Answer: C - The Ordinance, license terms, codes and guidelines, and AMLO Part 2
Because The requirement checked is the requirement not to contravene the Ordinance, notices made under it, the terms and conditions of the license, other imposed conditions, and any provision in a code or guideline published under the Ordinance. SFO s.180(2)
It extends expressly to any provision of Part 2, except section 6, of the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615).
Where the other options lead
- A.Perimeter read too widely. The limbs are a specific list; general Hong Kong law is not within section 180(2).
- B.Perimeter read too narrowly. The Ordinance is only the first of several limbs listed in section 180(2).
- D.Codes excluded. Codes and guidelines published under the Ordinance were brought inside the supervisory check by section 180(2)(e).