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尝试压码翻译

级别: 管理员
    压码与翻译的冲突与划解:
    压码能听,压码能说,压码能读,压码能看,压码能写,压码能想,压码能背,压码能考试,压码能够涉及到信息学的领域,压码的研究我们未涉及的领域还很多很多,压码再现语言的本领将自然折射人与自然互动的全貌。。。。。。
    因为千万别学英语与传统英语学习法禁区,不学就是不翻译、不背诵、不分析、不学语法、不考试,一切都在自然吸收英语之间。所以在面对千万与传统之间,几年来一直没有突破的一个禁区就是翻译。千万不要翻译,要自然理解吸收英语,一直是我自觉遵守的一个法则。
    英语究竟能否进行翻译,能否翻译好英语,我们在语言的自然属性方面还知道的很少,很少。
    面对网络形形色色的翻译工具,可以说各具特色,但是同样一个句子,特别是复杂句子,已经翻译出来可以说是五花八门,用简单的判断可以说错误百出,很多离句子原来的意思相差很远。机器难以代替人工,这是一个多么残酷的事实,需要付出多大的人力、物力和金钱的代价。
  翻译难,是因为翻译不好,翻译不好就不如不翻译,所以对待翻译的原则,就是只管自然理解,坚决不翻译。
  “千万别学英语”与:传统学习英语”之间的鸿沟实在是太大、太深、太长。
  由于翻译的不精准,学习法律是万万不敢实用任何未经权威“法律解释”本身的翻译的。一旦理解不到位,将会触犯了法律本身的尊严,是最大的忌讳。
  在学习《香港证券与期货条例》过程中,可以说进入专业英语的范畴,大量法律语言词汇要通过法条的法律解释来定性,但是即使这种翻译已经上升到法律解释的英语与汉语翻译,其翻译本身还有一大段翻译错误理解责任自负的声明,再一次感受到法律的严谨性和尊严。翻译不是好玩的。
  我知道“同声传译”工作者是学习外语的一个重要的甚至是高深的分支,他们虽然并不知道压码的工作原理和压码方法,但是在翻译与语言本身,其实是通过压码架其的一个桥梁,大段语言以后的翻译,没有时间的延迟压码是万万做不到的。
 
 
级别: 管理员
只看该作者 1 发表于: 2008-05-15
从一个法条的翻译解释看名词解释的理解重要性:

Chapter: 571N Title: SECURITIES AND FUTURES (FINANCIAL RESOURCES) RULES

Section: 2 Heading: Interpretation Version Date: 01/10/2006

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(1) In these Rules, unless the context otherwise requires-
"adjusted liabilities" (经调整负债), for the purpose of calculating the variable required liquid capital in relation to a licensed corporation, means the sum of its on-balance sheet liabilities including provisions made for liabilities already incurred or for contingent liabilities, but excluding-
(a) amounts payable to clients in respect of-
(i) client money held by it in a segregated account in accordance with the Securities and Futures (Client Money) Rules (Cap 571 sub. leg. I);
(ii) to the extent not covered in subparagraph (i), client money held by it in a segregated account with an authorized financial institution;
(iii) client money held by it in a segregated account with an approved bank incorporated outside Hong Kong;
(iv) client money held by it in a segregated account with a futures or options clearing house; or
(v) client money held by it with-
(A) a clearing house other than a futures or options clearing house;
(B) a clearing participant;
(C) a futures dealer; or
(D) a securities dealer,
as margin in respect of outstanding futures contracts and outstanding options contracts held by it on behalf of its clients; and
(b) an approved subordinated loan provided to it;
"aggregate gross foreign currency position" (合计外币总持仓量) means the aggregate of all the gross foreign currency positions held by a licensed corporation licensed for Type 3 regulated activity, excluding positions held with a recognized counterparty;
"amount of margin required to be deposited" (按规定须存放的保证金数额) means the amount of money required to be deposited as margin (whether the requirement is met by depositing the amount of money or by the provision of security instead of making such deposit)-
(a) upon opening a position; or
(b) for maintaining an existing position,
in a futures contract or an options contract, calculated as the highest of the prevailing margin amounts set by-
(c) the exchange on which the futures contract or options contract is traded;
(d) the clearing house who registers such trade;
(e) the agent who executes such trade for the licensed corporation;
(f) the counterparty who executes such trade with the licensed corporation; and
(g) the licensed corporation itself;
"approved bank incorporated outside Hong Kong" (核准的在香港以外成立为法团的银行) means-
(a) a bank incorporated under the law or other authority of a prescribed country, and includes any of its branches or wholly owned subsidiaries which is a bank; or
(b) any other bank approved as such under section 58(1)(a), and includes any of its branches or wholly owned subsidiaries which is a bank;
"approved credit rating agency" (核准信贷评级机构) means a person approved as such under section 58(1)(b);
"approved introducing agent" (核准介绍代理人) means a licensed corporation approved as such under section 58(4);
"approved redeemable shares" (核准可赎回股份) means redeemable shares in the share capital of a licensed corporation approved as such under section 58(5)(a);
"approved securities borrowing and lending counterparty" (核准证券借贷对手方) means-
(a) a recognized clearing house; or
(b) a person approved as such under section 58(1)(c);
"approved standby subordinated loan facility" (核准备用后偿贷款融通) means a standby subordinated loan facility obtained by a licensed corporation licensed for Type 1, Type 2, Type 3 or Type 8 regulated activity, which is approved as such under section 58(5)(c);
"approved subordinated loan" (核准后偿贷款) means a subordinated loan obtained by a licensed corporation approved as such under section 58(5)(b);
"authorized financial institution" (认可财务机构) means-
(a) a bank within the meaning of section 2(1) of the Banking Ordinance (Cap 155) and includes any of its branches;
(b) any wholly owned subsidiary of a bank referred to in paragraph (a) which is a bank; or
(c) the principal place of business in Hong Kong, and any local branch, of a restricted licence bank or a deposit-taking company, in each case within the meaning of section 2(1) of the Banking Ordinance (Cap 155);
"basic amount" (基本数额), in relation to a licensed corporation, means 5% of the aggregate of-
(a) its adjusted liabilities;
(b) the aggregate of the initial margin requirements in respect of outstanding futures contracts and outstanding options contracts held by it on behalf of its clients; and
(c) the aggregate of the amounts of margin required to be deposited in respect of outstanding futures contracts and outstanding options contracts held by it on behalf of its clients, to the extent that such contracts are not subject to payment of initial margin requirements;
"clearing house" (结算所) means a person-
(a) whose activities or objects include the provision of services for the clearing and settlement of transactions in, or the day-to-day adjustment of the financial position of, futures contracts or options contracts effected on an exchange;
(b) whose activities or objects include the provision of services for the clearing and settlement of transactions in securities effected on an exchange; or
(c) who guarantees the settlement of any such transactions as are referred to in paragraph (a) or (b),
but does not include a corporation operated by or on behalf of the Government;
"clearing participant" (结算所参与者)-
(a) in relation to a recognized clearing house, means a clearing participant within the meaning of section 1 of Part 1 of Schedule 1 to the Ordinance; or
(b) in relation to a clearing house other than a recognized clearing house, means a person who, in accordance with the rules of the clearing house, may participate in one or more of the services provided by the clearing house in its capacity as a clearing house, and whose name is entered in a list, roll or register kept by the clearing house as a person who may participate in one or more of the services provided by the clearing house;
"collateral" (抵押品), in relation to a licensed corporation, means-
(a) any listed shares;
(b) any specified securities;
(c) any qualifying debt securities; or
(d) any special debt securities,
which-
(e) are deposited as security by the licensed corporation with another person; or
(f) are deposited as security with the licensed corporation by another person, and-
(i) are unencumbered in its possession and readily realizable by it;
(ii) are encumbered only by virtue of being lent, deposited or pledged by it in accordance with the requirements of the Securities and Futures (Client Securities) Rules (Cap 571 sub. leg. H); or
(iii) to which the Securities and Futures (Client Securities) Rules (Cap 571 sub. leg. H) do not apply, are encumbered only by virtue of being deposited or pledged by it with or to-
(A) an authorized financial institution or an approved bank incorporated outside Hong Kong;
(B) a person who is licensed, registered or authorized by an authority or regulatory organization outside Hong Kong, for an activity which, if carried on in Hong Kong, would constitute Type 1, Type 2, Type 3 or Type 8 regulated activity; or
(C) a clearing house of a specified exchange or any of its clearing participants to secure its obligation to meet its clearing obligations or liabilities;
"collateralized warrants" (有抵押权证) means derivative warrants listed on a recognized stock market in respect of which the issuer owns all of the underlying securities or other assets to which the warrants relate and grants a charge over those securities or assets in favour of an independent trustee who acts for the benefit of the warrantholders;
"common client" (共同客户) means a client of a securities dealer who is also a client of a licensed corporation licensed for Type 8 regulated activity and whose dealings in securities by the securities dealer are settled on his behalf by the licensed corporation;
"derivative contract" (衍生工具合约) means an agreement the purpose or effect of which is to obtain a profit or avoid a loss by reference to the value or price of property of any description or an index or other factor designated for that purpose in the agreement, and includes a futures contract or an options contract;
"equity linked instruments" (股票挂钩票据) means securities within the description of such instruments under rules made under section 23 or 36 of the Ordinance governing the listing of securities and which are listed on a recognized stock market;
"exchange participant" (交易所参与者)-
(a) in relation to a recognized exchange company, means an exchange participant within the meaning of section 1 of Part 1 of Schedule 1 to the Ordinance; or
(b) in relation to an exchange outside Hong Kong, means a person who, in accordance with the rules of the exchange, may trade through that exchange, and whose name is entered in a list, roll or register kept by the exchange as a person who may trade through that exchange;
"excluded liabilities" (豁除负债), in relation to the on-balance sheet liabilities of a licensed corporation, means amounts payable to clients in respect of-
(a) client money held by it in a segregated account in accordance with the Securities and Futures (Client Money) Rules (Cap 571 sub. leg. I);
(b) client money held by it in a segregated account with an approved bank incorporated outside Hong Kong and, to the extent not covered in paragraph (a), in a segregated account with an authorized financial institution; and
(c) client money held by it in a segregated account with a recognized clearing house;
"floating losses" (浮动亏损) means unrealized losses calculated by marking to market an open position in-
(a) a futures contract;
(b) any securities;
(c) an options contract;
(d) a derivative contract;
(e) a leveraged foreign exchange contract;
(f) a foreign exchange agreement;
(g) an interest rate swap agreement; or
(h) a specified investment;
"floating profits" (浮动利润) means unrealized profits calculated by marking to market an open position in-
(a) a futures contract;
(b) any securities;
(c) an options contract;
(d) a derivative contract;
(e) a leveraged foreign exchange contract;
(f) a foreign exchange agreement;
(g) an interest rate swap agreement; or
(h) a specified investment;
"foreign currency" (外币), in relation to a licensed corporation, means any currency other than-
(a) its reporting currency; and
(b) any currency which has an exchange rate which is linked to the reporting currency;
"foreign exchange agreement" (外汇协议) means an agreement other than a futures contract and an options contract, whereby the parties to the agreement agree to exchange different currencies at a future time;
"free delivery basis" (信用交付形式) means the basis on which a sale or purchase of securities is effected, under which-
(a) delivery of the securities by the seller takes place irrespective of whether the seller has received payment in settlement of a liability arising from the sale of the securities; or
(b) payment is made by the purchaser of the securities in settlement of a liability arising from the purchase of the securities, irrespective of whether the securities have been delivered;
"futures contract" (期货合约) has the meaning assigned to it by section 1 of Part 1 of Schedule 1 to the Ordinance save that it does not include an options contract;
"futures dealer" (期货交易商) means-
(a) a licensed corporation licensed for Type 2 regulated activity; or
(b) a person licensed, registered or authorized by an authority or regulatory organization outside Hong Kong for an activity which, if carried on in Hong Kong, would constitute Type 2 regulated activity;
"futures non-clearing dealer" (期货非结算交易商) means a licensed corporation licensed for Type 2 regulated activity which is an exchange participant of a recognized futures market, but is not a clearing participant of a recognized clearing house;
"futures or options clearing house" (期货或期权结算所) means-
(a) a recognized clearing house other than a recognized clearing house whose activities or objects include the provision of services for the clearing and settlement of transactions in securities (other than options contracts); or
(b) a person-
(i) whose activities or objects include the provision of services for-
(A) the clearing and settlement of transactions in futures contracts or options contracts; or
(B) the day-to-day adjustment of the financial position of futures contracts or options contracts,
effected on a specified exchange, or subject to the rules of a specified exchange; or
(ii) who guarantees the settlement of any such transactions as are referred to in subparagraph (i),
but does not include a corporation operated by or on behalf of the Government;
"gross foreign currency position" (外币总持仓量), in relation to a foreign currency, means the total of-
(a) the aggregate of the value of assets, other than fixed assets, beneficially owned by a licensed corporation which are denominated in the foreign currency together with the amount of the foreign currency which it is obliged to purchase under any outstanding contract; and
(b) the aggregate of the amount of the on-balance sheet liabilities of the licensed corporation, other than excluded liabilities, which are denominated in such foreign currency together with the amount of that foreign currency which it is obliged to sell under any outstanding contract,
save that where the licensed corporation holds with a client (other than a client whose account with the licensed corporation is an omnibus account) 2 outstanding contracts and-
(c) under one of the contracts it is obliged to purchase an amount of a currency ("A") and sell an amount ("X") of another currency ("B"); and
(d) under the other contract it is obliged to purchase the same amount ("X") of the other currency ("B") and sell an amount of the first-mentioned currency ("A"),
it shall, in relation to the contracts described in paragraphs (c) and (d ), include in the total-
(e) in relation to currency "B", the amount "X" of currency "B" that it is obliged to sell under the contract referred to in paragraph (c); and
(f) in relation to currency "A", the amount of currency "A" at the higher of-
(i) the amount of that currency which it is obliged to purchase under the contract referred to in paragraph (c); and
(ii) the amount of that currency which it is obliged to sell under the contract referred to in paragraph (d );
"haircut amount" (扣减数额)-
(a) in relation to any shares-
(i) that are listed in Hong Kong, and specified in column 2 of Table 1 in Schedule 2;
(ii) that are listed in Hong Kong, and specified in column 2 of Table 1A in Schedule 2;
(iii) that are listed in the United Kingdom, the United States of America or Japan, and specified in column 2 of Table 2 in Schedule 2; or
(iv) that are listed, and specified in column 2 of Table 3 in Schedule 2,
means an amount derived by multiplying the market value of the shares by the haircut percentage in relation to such shares; (L.N. 117 of 2006)
(b) in relation to specified investments, means an amount derived by multiplying the market value of the specified investments by the haircut percentage in relation to such specified investments;
(c) in relation to specified securities, means an amount derived by multiplying the market value of the specified securities by the haircut percentage in relation to such specified securities;
(d) in relation to qualifying debt securities, means an amount derived by multiplying the market value of the qualifying debt securities by the haircut percentage in relation to such qualifying debt securities;
(e) in relation to special debt securities, means an amount derived by multiplying the market value of the special debt securities by the haircut percentage in relation to such special debt securities;
"haircut percentage" (扣减百分率)-
(a) in relation to any shares-
(i) that are listed in Hong Kong, and specified in column 2 of Table 1 in Schedule 2;
(ii) that are listed in Hong Kong, and specified in column 2 of Table 1A in Schedule 2;
(iii) that are listed in the United Kingdom, the United States of America or Japan, and specified in column 2 of Table 2 in Schedule 2; or
(iv) that are listed, and specified in column 2 of Table 3 in Schedule 2,
means-
(v) subject to subparagraphs (vi), (vii), (viii) and (ix), the percentage specified in column 3 of the Table concerned opposite the applicable description set out in column 2 of that Table;
(vi) where the shares fall within any of the descriptions in column 2 of Table 1A in Schedule 2 and within any of the descriptions in column 2 of Table 1, 2 or 3 in Schedule 2, subject to subparagraphs (vii) and (ix) and for the purpose of calculating the haircut amount under section 22(1)(b)(i), the percentage specified in column 3 of Table 1A in Schedule 2 opposite the applicable description set out in column 2 of that Table;
(vii) where the shares fall within 2 or more of the descriptions in column 2 of Table 1A in Schedule 2, subject to subparagraph (ix) and for the purpose of calculating the haircut amount under section 22(1)(b)(i), such percentage specified in column 3 of that Table opposite the applicable description set out in column 2 of that Table as may be elected by a licensed corporation;
(viii) where the shares fall within 2 or more of the descriptions in one or more of column 2 of Table 1, 2 or 3 in Schedule 2, subject to subparagraph (vi), such percentage specified in column 3 of the Table concerned opposite the applicable description set out in column 2 of that Table as may be elected by a licensed corporation; or
(ix) where the shares described in item 1(a), (b), (c) or (d) in column 2 of Table 1A in Schedule 2-
(A) cease to be a constituent of the applicable index; and
(B) the cessation would result in the assignment to the shares of a higher percentage specified in that Table,
in relation to the month in which the cessation occurs and for the period of the next 3 consecutive months and for the purpose of calculating the haircut amount under section 22(1)(b)(i), the percentage specified in column 3 of Table 1A in Schedule 2 which was applicable to the shares immediately prior to the cessation; (L.N. 117 of 2006)
(b) in relation to specified investments, means the percentage specified in column 3 of Table 8 in Schedule 2 opposite the applicable description set out in column 2 of the Table;
(c) in relation to specified securities, means the percentage specified in column 3 of Table 7 in Schedule 2 opposite the applicable description set out in column 2 of the Table;
(d) in relation to qualifying debt securities, means the aggregate of-
(i) the percentage specified in column 3 of Table 4 in Schedule 2 opposite the applicable description set out in column 2 of the Table; and
(ii) the percentage specified in column 2 or 3 (as the case may be) of Table 5 in Schedule 2 opposite the applicable description set out in column 1 of the Table;
(e) in relation to special debt securities specified in column 2 of Table 6 in Schedule 2, means the percentage specified in column 3 of Table 6 in Schedule 2 opposite the applicable description set out in column 2 of the Table;
"Hong Kong Exchange Fund" (香港外汇基金) means the Exchange Fund established under the Exchange Fund Ordinance (Cap 66);
"initial margin requirement" (规定开仓保证金) means the amount of money required to be deposited (whether the requirement is met by depositing the amount of money or by the provision of security instead of making such deposit) upon opening a position in a futures contract or an options contract, calculated as the highest of the prevailing margin amounts set by-
(a) the exchange on which the futures contract or options contract is traded;
(b) the clearing house who registers such trade;
(c) the agent who executes such trade for the licensed corporation;
(d) the counterparty who executes such trade with the licensed corporation; and
(e) the licensed corporation itself;
"interest rate swap agreement" (掉期息率协议) means an agreement whereby the parties to the agreement agree to exchange a series of interest payments over time;
"in-the-money amount" (价内值) means the amount calculated according to the following applicable formula-
(a) in relation to a call options contract, N x (M — S);
(b) in relation to a put options contract, N x (S — M); or
(c) in relation to a call warrant on listed shares, N x (M — S),
where-
"N" represents-
(i) where the asset underlying the options contract or warrant is shares, the number of such shares; or
(ii) where the asset underlying the options contract is an asset other than shares, the number of units of such asset;
"M" represents the market value of-
(i) where the asset underlying the options contract or warrant is shares, one such share; or
(ii) where the asset underlying the options contract is an asset other than shares, one unit of such asset; and
"S" represents the strike price of the options contract or the exercise price of the warrant-
(i) where the asset underlying the options contract or warrant is shares, for one such share; or
(ii) where the asset underlying the options contract is an asset other than shares, for one unit of such asset;
"liquid assets" (速动资产), in relation to a licensed corporation, means the aggregate of the amounts required to be included in its liquid assets under the provisions of Division 3 of Part 4;
"liquid capital" (速动资金), in relation to a licensed corporation, means the amount by which its liquid assets exceeds its ranking liabilities;
"listed" (上市), in relation to securities, means listed or traded on any exchange;
"margin client" (保证金客户)-
(a) in relation to a licensed corporation licensed for Type 1 regulated activity, means a client to whom the licensed corporation provides securities margin financing; or
(b) in relation to a licensed corporation licensed for Type 8 regulated activity, means any of its clients;
"marking to market" (按照市值计算差额) means the method or procedure of adjusting the valuation of an open position in-
(a) a futures contract;
(b) any securities;
(c) an options contract;
(d) a derivative contract;
(e) a leveraged foreign exchange contract;
(f) a foreign exchange agreement;
(g) an interest rate swap agreement; or
(h) a specified investment,
to reflect its current market value;
"mutual fund" (互惠基金) means any arrangement made for the purpose, or having the effect, of providing facilities for investment in shares in a corporation which is or holds itself out as being engaged primarily in the business of investing, reinvesting or trading in securities or any other property whatsoever and which is offering for sale or has outstanding any redeemable shares of which it is the issuer;
"no sponsor work licensing condition" (不任保荐人发牌条件), in relation to a licensed corporation licensed for Type 6 regulated activity, means a licensing condition that the licensed corporation shall not act as a sponsor in respect of an application for the listing on a recognized stock market of any securities; (L.N. 117 of 2006)
"non-collateralized warrants" (非抵押权证) means derivative warrants listed on a recognized stock market other than collateralized warrants;
"note issuance and revolving underwriting facility" (票据的发行及循环式包销融通) means an arrangement under which a borrower may draw down funds up to an agreed limit over an agreed period of time (the term to maturity of the facility) by making repeated note issues to the market, and where, should an issue prove unable to be placed in the market, the unplaced amount is to be taken up or funds made available by the underwriter of the facility;
"off-exchange traded derivative contracts" (场外买卖衍生工具合约) means derivative contracts which are traded other than on an exchange;
"omnibus account" (客户汇集综合帐户) means an account opened with a licensed corporation by a client of the licensed corporation, and the client has notified it that the account is to be operated by him as agent for the benefit of 2 or more other persons;
"options contract" (期权合约) means a contract which gives the holder of the contract the option or right, exercisable at or before a time specified in the contract to-
(a) buy or sell-
(i) at an agreed consideration an agreed quantity of a specified futures contract, share or other property; or
(ii) an agreed value of a specified futures contract, share or other property; or
(b) be paid an amount of money calculated by reference to the value of such futures contract, share or other property or by reference to the level of an index, as may be specified in the contract;
"out-of-the-money amount" (价外值) means the amount calculated according to the following applicable formula-
(a) in relation to a call options contract, N x (S — M);
(b) in relation to a put options contract, N x (M — S); or
(c) in relation to a call warrant on listed shares, N x (S — M),
where-
"N" represents-
(i) where the asset underlying the options contract or warrant is shares, the number of such shares; or
(ii) where the asset underlying the options contract is an asset other than shares, the number of units of such asset;
"M" represents the market value of-
(i) where the asset underlying the options contract or warrant is shares, one such share; or
(ii) where the asset underlying the options contract is an asset other than shares, one unit of such asset; and
"S" represents the strike price of the options contract or the exercise price of the warrant-
(i) where the asset underlying the options contract or warrant is shares, for one such share; or
(ii) where the asset underlying the options contract is an asset other than shares, for one unit of such asset;
"prescribed country" (订明国家) means-
(a) a country belonging to the Organization for Economic Co-operation and Development; or
(b) Singapore;
"qualifying debt securities" (合资格债务证券) means-
(a) debenture stock, loan stock, debentures, bonds, notes and any securities or other instruments acknowledging, evidencing or creating indebtedness-
(i) which are issued or guaranteed by-
(A) the Central People's Government of the People's Republic of China or the People's Bank of China;
(B) the Government; or
(C) the Hong Kong Exchange Fund;
(ii) which are issued by the Hong Kong Mortgage Corporation;
(iii) which are listed on a recognized stock market;
(iv) the issuer of which has at least one issue currently rated by-
(A) Moody's Investors Service at either Baa or Prime-3 or above;
(B) Standard & Poor's Corporation at either BBB or A-3 or above; or
(C) an approved credit rating agency at or above a grade specified by the Commission under section 58(2)(b); or
(v) the guarantor of which has at least one issue currently rated by-
(A) Moody's Investors Service at either A or Prime-2 or above;
(B) Standard & Poor's Corporation at either A or A-2 or above; or
(C) an approved credit rating agency at or above a grade specified by the Commission under section 58(2)(b),
but does not include-
(vi) any special debt securities;
(vii) any I-owe-you; and
(viii) any securities or any instrument acknowledging, evidencing or creating a subordinated loan or a debt due from a corporation within a group of companies of which the holder of the securities or instrument is a member; or
(b) certificates of deposit issued by an authorized financial institution or an approved bank incorporated outside Hong Kong;
"ranking liabilities" (认可负债), in relation to a licensed corporation, means the aggregate of the amounts required to be included in its ranking liabilities under the provisions of Division 4 of Part 4;
"redeemable shares" (可赎回股份) means shares in the share capital of a corporation which are redeemable at the option of the holder of the shares or the corporation;
"repledge" (再质押), in relation to a licensed corporation, means an act by which the licensed corporation or an associated entity of such licensed corporation deposits securities collateral of the licensed corporation as collateral for financial accommodation provided to the licensed corporation; (L.N. 117 of 2006)
"reporting currency" (申报货币), in relation to a licensed corporation, means the currency in which its financial statements, required under section 156 of the Ordinance to be submitted to the Commission, are denominated, or intended to be denominated;
"repurchase transaction" (回购交易) means a transaction under which there is a sale of securities and a further arrangement obliging the seller of the securities to repurchase from the purchaser, or obliging the purchaser to resell to the seller, securities of the same description as the securities first sold, at a pre-determined consideration and date;
"required liquid capital" (规定速动资金), in relation to a licensed corporation, means an amount equal to the higher of-
(a) where it is-
(i) licensed for only one regulated activity specified in column 1 of Table 2 in Schedule 1, the amount specified in column 2 of the Table opposite the regulated activity or, where any further description is set out for the regulated activity in column 1 of the Table, opposite the applicable description; or
(ii) licensed for 2 or more regulated activities specified in column 1 of the Table, the amount which is the higher or highest upon comparing each amount specified in column 2 of the Table opposite any of such regulated activities or, where any further description is set out for any of such activities in column 1 of the Table, opposite any of such activities or any of the applicable descriptions; and
(b) its variable required liquid capital;
"required liquid capital deficit" (规定速动资金短欠数额), in relation to a licensed corporation, means the amount by which its required liquid capital exceeds its liquid capital;
"rules" (规章)-
(a) in relation to an exchange other than a recognized exchange company, includes its constitution and any rules, regulations, guidelines or directions, by whatever name they may be called and wherever contained, governing-
(i) its exchange participants;
(ii) the persons who may participate in any of the services it provides or trade on it;
(iii) the setting and levying of fees;
(iv) the listing of securities;
(v) the trading of securities, futures contracts, options contracts or leveraged foreign exchange contracts through or on it;
(vi) the provision of other services; or
(vii) generally, its management, operations or procedures; or
(b) in relation to a clearing house other than a recognized clearing house, includes its constitution and any rules, regulations, guidelines or directions, by whatever name they may be called and wherever contained, governing-
(i) its clearing participants;
(ii) the persons who may participate in any of the services it provides;
(iii) the setting and levying of fees;
(iv) the clearing and settlement of transactions, whether or not executed on an exchange, of which it is the clearing house;
(v) the imposition of margin requirements and matters pertaining to the deposit or collection of margin;
(vi) the manner of making and receiving payment of monies in respect of the provision by it of any service, including the setting-off of such amounts receivable and amounts payable to it;
(vii) the provision of other services; or
(viii) generally, its management, operations or procedures;
"securities dealer" (证券交易商) means-
(a) a licensed corporation licensed for Type 1 regulated activity; or
(b) a person licensed, registered or authorized by an authority or regulatory organization outside Hong Kong for an activity which, if carried on in Hong Kong, would constitute Type 1 regulated activity;
"securities margin financing" (证券保证金融资) has the meaning assigned to it by Part 2 of Schedule 5 to the Ordinance, save that notwithstanding paragraph (iii) of that definition, it includes the provision of financial accommodation by a licensed corporation licensed for Type 1 regulated activity to a client of the licensed corporation to facilitate-
(a) the acquisition of securities listed on any stock market, whether a recognized stock market or any other stock market outside Hong Kong; or
(b) (where applicable) the continued holding of those securities;
"segregated account" (独立帐户) means-
(a) a segregated account within the meaning of section 2 of the Securities and Futures (Client Money) Rules (Cap 571 sub. leg. I); or
(b) an account for holding client money which is separate from a licensed corporation's own account;
"settlement date" (交收日期), in relation to any dealing in securities, means-
(a) in the case of a transaction effected on an exchange, the date on which payment for the securities is first due in accordance with the rules or conventions of the exchange on which the securities are traded; or
(b) in any other case, the date on which payment for the securities is first due as agreed between the parties to the transaction,
but in either case, the date not exceeding 20 business days after the trade date;
"short selling" (卖空) means a sale of securities where at the time of the sale-
(a) the seller does not have a presently exercisable and unconditional right to vest the securities in the purchaser of them; or
(b) the seller has a presently exercisable and unconditional right to vest the securities in the purchaser of them by virtue of having entered into a securities borrowing and lending agreement;
"special debt securities" (特别债务证券) means indexed bonds, convertible debt securities, bonds with non-detachable warrants and non-interest bearing debt securities-
(a) which are issued or guaranteed by-
(i) the Central People's Government of the People's Republic of China or the People's Bank of China;
(ii) the Government; or
(iii) the Hong Kong Exchange Fund;
(b) which are issued by the Hong Kong Mortgage Corporation;
(c) which are listed on a recognized stock market;
(d) the issuer of which has at least one issue currently rated by-
(i) Moody's Investors Service at either Baa or Prime-3 or above;
(ii) Standard & Poor's Corporation at either BBB or A-3 or above; or
(iii) an approved credit rating agency at or above a grade specified by the Commission under section 58(2)(b); or
(e) the guarantor of which has at least one issue currently rated by-
(i) Moody's Investors Service at either A or Prime-2 or above;
(ii) Standard & Poor's Corporation at either A or A-2 or above; or
(iii) an approved credit rating agency at or above a grade specified by the Commission under section 58(2)(b),
but does not include-
(f) any I-owe-you; and
(g) any securities or any instrument acknowledging, evidencing or creating a subordinated loan or a debt due from a corporation within a group of companies of which the holder of the securities or instrument is a member;
"specified exchange" (指明交易所) means an exchange specified in Schedule 3;
"specified investments" (指明投资项目) means the investments specified in column 2 of Table 8 in Schedule 2;
"specified licensing condition" (指明发牌条件), in relation to a licensed corporation licensed for Type 4, Type 5, Type 6 or Type 9 regulated activity, means a licensing condition that the licensed corporation shall not hold client assets;
"specified securities" (指明证券) means the securities specified in column 2 of Table 7 in Schedule 2;
"standby subordinated loan facility" (备用后偿贷款融通) means a loan facility provided to a licensed corporation licensed for Type 1, Type 2, Type 3 or Type 8 regulated activity under which the lender's claim in respect of any drawdown by the licensed corporation is subordinated to the prior payment, or provision for payment, in full of all claims of all other present and future creditors of the licensed corporation;
"stock futures contract" (股票期货合约) means a contract traded on a specified exchange, the effect of which is that-
(a) one party to the contract agrees to deliver to the other party to the contract at an agreed future time an agreed quantity of a specific listed share at an agreed consideration; or
(b) the parties to the contract will make an adjustment between themselves at an agreed future time according to whether at that time an agreed quantity of a specific listed share is worth more or less than a value agreed at the time the contract is made;
"stock options contract" (股票期权合约) means a contract traded on a specified exchange, the effect of which is that one party to the contract agrees to provide to the other party to the contract the right to sell or purchase at an agreed consideration an agreed quantity of a specific listed share at or before an agreed future time;
"subordinated loan" (后偿贷款) means a loan provided to a person under which the lender's claim in respect of the loan is subordinated to the prior payment, or provision for payment, in full of all claims of all other present and future creditors of the person;
"trade date" (交易日期), in relation to a transaction in-
(a) a futures contract;
(b) any securities;
(c) an options contract;
(d) a derivative contract;
(e) a leveraged foreign exchange contract;
(f) a foreign exchange agreement;
(g) an interest rate swap agreement; or
(h) a specified investment,
means-
(i) in the case of a transaction on any exchange, the date on which the transaction is executed; or
(j) in any other case, the date on which the agreement between the parties is made;
"trader" (买卖商) means a licensed corporation licensed for Type 1 or Type 2 regulated activity which does not hold client assets or handle clients' orders and, in carrying on the regulated activity for which it is licensed, conducts no business other than effecting, or offering to effect, dealings in securities, futures contracts or options contracts for its own account;
"unit trust" (单位信托) means any arrangement made for the purpose, or having the effect, of providing facilities for the participation by persons as beneficiaries under a trust, in profits or income arising from the acquisition, holding, management or disposal of securities or any other property whatsoever;
"variable required liquid capital" (可变动规定速动资金)-
(a) in relation to a licensed corporation licensed for Type 3 regulated activity (whether or not it is also licensed for any other regulated activity), means the sum of the basic amount and 1.5% of its aggregate gross foreign currency position; or
(b) in relation to a licensed corporation licensed for any regulated activity other than Type 3 regulated activity, means the basic amount.
(L.N. 117 of 2006)
(2) In these Rules, a reference to an exchange shall include a reference to any market operated by that exchange.


上述法条解释涉及法律名词众多,对我们理解英语有一定难度。
级别: 管理员
只看该作者 2 发表于: 2008-05-15
从法条的条文题目开始压码翻译是一个突破口:


关于“内幕交易”法例:

01/04/2003   
    第571章 第245条 第XIII部的释义 01/04/2003   
    第571章 第246条 证券权益(内幕交易) 01/04/2003   
    第571章 第247条 与法团有关连(内幕交易) 01/04/2003   
    第571章 第248条 与法团有关连─掌握以享有特权的身分获得的有关消息(内幕交易) 01/04/2003   
    第571章 第249条 上市证券或其衍生工具的交易(内幕交易) 01/04/2003   
    第571章 第250条 证券权益及实益拥有权等(内幕交易以外的市场失当行为) 01/04/2003   
    第571章 第251条 市场失当行为审裁处 01/04/2003   
    第571章 第252条 关于市场失当行为的研讯程序 01/04/2003   
    第571章 第253条 审裁处的权力 01/04/2003   
    第571章 第254条 审裁处在证据方面的进一步权力 01/04/2003   
    第571章 第255条 为市场失当行为的法律程序的目的使用经收取的证据 01/04/2003   
    第571章 第256条 受保密权涵盖的资料 01/04/2003   
    第571章 第257条 审裁处的命令等 16/07/2007   
    第571章 第258条 就法团高级人员而作出的进一步的命令 01/04/2003   
    第571章 第259条 根据第257(1)(d)条提述的命令须付的款项的利息 01/04/2003   
    第571章 第260条 讼费 01/04/2003   
    第571章 第261条 审裁处处理的藐视罪 01/04/2003   
    第571章 第262条 审裁处的报告 01/04/2003   
    第571章 第263条 审裁处命令的格式及证明

版本日期   
    第571章 第263条 审裁处命令的格式及证明 01/04/2003   
    第571章 第264条 审裁处命令可在原讼法庭登记 01/04/2003   
    第571章 第265条 申请搁置执行审裁处根据第257、258、259或260条所作的命令 01/04/2003   
    第571章 第266条 向上诉法庭提出上诉 01/04/2003   
    第571章 第267条 上诉法庭处理上诉的权力 01/04/2003   
    第571章 第268条 上诉不搁置执行 01/04/2003   
    第571章 第269条 终审法院首席法官订立规则 01/04/2003   
    第571章 第270条 内幕交易 01/04/2003   
    第571章 第271条 内幕交易─某些人不得视为曾从事市场失当行为 01/04/2003   
    第571章 第272条 内幕交易─某些受托人及遗产代理人不得视为曾从事市场失当行为 01/04/2003   
    第571章 第273条 内幕交易─某些行使认购或取得证券或衍生工具的权利的人不得视为曾从事市场失当行为 01/04/2003   
    第571章 第274条 虚假交易 01/04/2003   
    第571章 第275条 操控价格 01/04/2003   
    第571章 第276条 披露关于受禁交易的资料 01/04/2003   
    第571章 第277条 披露虚假或具误导性的资料以诱使进行交易 01/04/2003   
    第571章 第278条 操纵证券市场 01/04/2003   
    第571章 第279条 法团高级人员的责任 01/04/2003   
    第571章 第280条 关乎市场失当行为的交易既非无效亦非可使无效 01/04/2003   
    第571章 第281条 就市场失当行为须负的民事法律责任 01/04/2003   
    第571章 第282条 不构成市场失当行为的行为 01/04/2003   
    第571章 第283条 根据第XIV部提起刑事法律程序后不得提起进一步法律程序 01/04/2003   
    第571章 第284条 从事市场失当行为视作违反本部条文 01/04/2003   
    第571章 第285条 第XIV部的释义 01/04/2003   
    第571章 第286条 证券权益(内幕交易罪) 01/04/2003   
    第571章 第287条 与法团有关连(内幕交易罪) 01/04/2003   
    第571章 第288条 与法团有关连─掌握以享有特权的身分获得的有关消息(内幕交易罪) 01/04/2003   
    第571章 第289条 上市证券或其衍生工具的交易(内幕交易罪) 01/04/2003   
    第571章 第290条 证券权益及实益拥有权等(内幕交易罪以外的市场失当行为罪行) 01/04/2003   
    第571章 第291条 内幕交易的罪行 01/04/2003   
    第571章 第292条 内幕交易罪─一般免责辩护
版本日期   
    第571章 第292条 内幕交易罪─一般免责辩护 01/04/2003   
    第571章 第293条 内幕交易罪─某些受托人及遗产代理人的免责辩护 01/04/2003   
    第571章 第294条 内幕交易罪─某些行使认购或取得证券或衍生工具的权利的人的免责辩护 01/04/2003   
    第571章 第295条 虚假交易的罪行 01/04/2003   
    第571章 第296条 操控价格的罪行 01/04/2003   
    第571章 第297条 披露关于受禁交易的资料的罪行 01/04/2003   
    第571章 第298条 披露虚假或具误导性的资料以诱使进行交易的罪行 01/04/2003   
    第571章 第299条 操纵证券市场的罪行 01/04/2003   
    第571章 第300条 涉及在证券、期货合约或杠杆式外汇交易方面使用欺诈或欺骗手段等的罪行 01/04/2003   
    第571章 第301条 披露虚假或具误导性的资料以诱使订立杠杆式外汇交易合约的罪行 01/04/2003   
    第571章 第302条 代他人进行期货合约交易的虚假陈述等的罪行 01/04/2003   
    第571章 第303条 罚则 01/04/2003   
    第571章 第304条 关乎违反第2至4分部之事的交易既非无效亦非可使无效 01/04/2003   
    第571章 第305条 就违反本部须负的民事法律责任 01/04/2003   
    第571章 第306条 不构成罪行的行为 01/04/2003   
    第571章 第307条 根据第XIII部就市场失当行为提起法律程序后不得提起进一步法律程序 01/04/2003   
   
级别: 管理员
只看该作者 3 发表于: 2008-05-15
对应的英语法例原文标题:
Cap 571 s 245 Interpretation of Part XIII 01/04/2003   
    Cap 571 s 246 Interest in securities (insider dealing) 01/04/2003   
    Cap 571 s 247 Connected with a corporation (insider dealing) 01/04/2003   
    Cap 571 s 248 Connected with a corporation-possession of relevant information obtained in privileged capacity (insider dealing) 01/04/2003   
    Cap 571 s 249 Dealing in listed securities or their derivatives (insider dealing) 01/04/2003   
    Cap 571 s 250 Interest in securities and beneficial ownership, etc. (market misconduct other than insider dealing) 01/04/2003   
    Cap 571 s 251 Market Misconduct Tribunal 01/04/2003   
    Cap 571 s 252 Market misconduct proceedings 01/04/2003   
    Cap 571 s 253 Powers of Tribunal 01/04/2003   
    Cap 571 s 254 Further powers of Tribunal concerning evidence 01/04/2003   
    Cap 571 s 255 Use of evidence received for purposes of market misconduct proceedings 01/04/2003   
    Cap 571 s 256 Privileged information 01/04/2003   
    Cap 571 s 257 Orders, etc. of Tribunal 16/07/2007   
    Cap 571 s 258 Further orders in respect of officers of corporation 01/04/2003   
    Cap 571 s 259 Interest on moneys payable under order referred to in section 257(1)(d) 01/04/2003   
    Cap 571 s 260 Costs
Version Date   
    Cap 571 s 260 Costs 01/04/2003   
    Cap 571 s 261 Contempt dealt with by Tribunal 01/04/2003   
    Cap 571 s 262 Report of Tribunal 01/04/2003   
    Cap 571 s 263 Form and proof of orders of Tribunal 01/04/2003   
    Cap 571 s 264 Orders of Tribunal may be registered in Court of First Instance 01/04/2003   
    Cap 571 s 265 Applications for stay of execution of orders of Tribunal under section 257,
258, 259 or 260 01/04/2003   
    Cap 571 s 266 Appeal to Court of Appeal 01/04/2003   
    Cap 571 s 267 Powers of Court of Appeal on appeal 01/04/2003   
    Cap 571 s 268 No stay of execution on appeal 01/04/2003   
    Cap 571 s 269 Rules by Chief Justice 01/04/2003   
    Cap 571 s 270 Insider dealing 01/04/2003   
    Cap 571 s 271 Insider dealing-certain persons not to be regarded as having engaged in market misconduct 01/04/2003   
    Cap 571 s 272 Insider dealing-certain trustees and personal
representatives not to be regarded as having engaged in market misconduct 01/04/2003   
    Cap 571 s 273 Insider dealing-certain persons exercising right to subscribe for or acquire securities or derivatives not to be regarded as having
engaged in market misconduct 01/04/2003   
    Cap 571 s 274 False trading 01/04/2003   
    Cap 571 s 275 Price rigging 01/04/2003   
    Cap 571 s 276 Disclosure of information about prohibited transactions 01/04/2003   
    Cap 571 s 277 Disclosure of false or misleading information
inducing transactions 01/04/2003   
    Cap 571 s 278 Stock market manipulation 01/04/2003   
    Cap 571 s 279 Duty of officers of corporations 01/04/2003   
    Cap 571 s 280 Transactions relating to market misconduct not void or voidable 01/04/2003   
    Cap 571 s 281 Civil liability for market misconduct 01/04/2003   
    Cap 571 s 282 Conduct not to constitute market misconduct 01/04/2003   
    Cap 571 s 283 No further proceedings after Part XIV criminal proceedings 01/04/2003   
    Cap 571 s 284 Market misconduct regarded as contravention of provisions of this Part 01/04/2003   
    Cap 571 s 285 Interpretation of Part XIV 01/04/2003   
    Cap 571 s 286 Interest in securities (insider dealing offence) 01/04/2003   
    Cap 571 s 287 Connected with a corporation (insider dealing offence) 01/04/2003   
    Cap 571 s 288 Connected with a corporation-possession of relevant information obtained in privileged capacity (insider dealing offence) 01/04/2003   
    Cap 571 s 289 Dealing in listed securities or their derivatives (insider dealing offence)
Cap 571 s 289 Dealing in listed securities or their derivatives (insider dealing offence) 01/04/2003   
    Cap 571 s 290 Interest in securities and beneficial ownership, etc. (market misconduct offences other than insider dealing offence) 01/04/2003   
    Cap 571 s 291 Offence of insider dealing 01/04/2003   
    Cap 571 s 292 Insider dealing offence-general defences 01/04/2003   
    Cap 571 s 293 Insider dealing offence-defences for certain trustees and personal representatives 01/04/2003   
    Cap 571 s 294 Insider dealing offence-defences for certain persons exercising right to subscribe for or acquire securities or derivatives 01/04/2003   
    Cap 571 s 295 Offence of false trading 01/04/2003   
    Cap 571 s 296 Offence of price rigging 01/04/2003   
    Cap 571 s 297 Offence of disclosure of information about prohibited transactions 01/04/2003   
    Cap 571 s 298 Offence of disclosure of false or misleading information inducing transactions 01/04/2003   
    Cap 571 s 299 Offence of stock market manipulation 01/04/2003   
    Cap 571 s 300 Offence involving fraudulent or deceptive devices, etc. in transactions in securities, futures contracts or leveraged foreign exchange trading 01/04/2003   
    Cap 571 s 301 Offence of disclosure of false or misleading information inducing others to enter into leveraged foreign exchange contracts 01/04/2003   
    Cap 571 s 302 Offence of falsely representing dealings in futures contracts on behalf of others, etc. 01/04/2003   
    Cap 571 s 303 Penalties 01/04/2003   
    Cap 571 s 304 Transactions relating to contravention of Divisions 2 to 4 not void or voidable 01/04/2003   
    Cap 571 s 305 Civil liability for contravention of this Part 01/04/2003   
    Cap 571 s 306 Conduct not to constitute offences 01/04/2003   
    Cap 571 s 307 No further proceedings after Part XIII market misconduct proceedings
级别: 管理员
只看该作者 4 发表于: 2008-05-15
我们截取其中的第245条法例的中英文对照条文:


条: 245 条文标题: 第XIII部的释义 版本日期: 01/04/2003
详列交互参照:
246,247,248,249


第XIII部

市场失当行为审裁处

第1分部─释义

(1) 在本部中,除文意另有所指外─
“内幕交易”(insider dealing) 指第270条所指的内幕交易;
“市场失当行为”(market misconduct) 指─
(a) 内幕交易;
(b) 第274条所指的虚假交易;
(c) 第275条所指的操控价格的行为;
(d) 第276条所指的披露关于受禁交易的资料的行为;
(e) 第277条所指的披露虚假或具误导性的资料以诱使进行交易的行为;或
(f) 第278条所指的操纵证券市场的行为,
并包括企图从事,或辅助、怂使或促致另一人从事(a)至(f)段提述的任何行为;
“有联系者”(associate) 就某人而言─
(a) 指该人的配偶或公认配偶、与该人同居俨如配偶的人,或该人的兄弟、姊妹、父母、继父母、亲生子女、领养子女或继子女;
(b) 指该人担任董事的法团;
(c) 指该人的雇员或合伙人;
(d) 在该人是法团的情况下,指该法团各董事、该法团各有连系法团,以及该等有连系法团各董事或雇员;
(e) 在不局限(a)至(d)段适用的情况的原则下,如有关情况涉及法团的证券或其他权益,或因持有该等证券或权益而产生的权利,则指─
(i) 与该人订有关于取得、持有或处置该等证券或权益的协议或安排的另一人;或
(ii) 与该人订有某项协议或安排的人,而根据该项协议或安排,他们承诺在该法团的成员大会上行使投票权时行动一致;
“有关境外市场”(relevant overseas market)─
(a) 就证券而言,指香港以外地方的证券市场;或
(b) 就期货合约而言,指香港以外地方的期货市场;
“有关认可市场”(relevant recognized market)─
(a) 就证券而言,指认可证券市场;或
(b) 就期货合约而言,指认可期货市场;
“法官”(judge) 指─
(a) 原讼法庭的法官或暂委法官;
(b) 上诉法庭的前任上诉法庭法官;
(c) 原讼法庭的前任法官或前任暂委法官;
“控制人”(controller) 就某法团而言,指符合以下情况的人─
(a) 该法团的董事是惯于或有义务按照该人的指示或指令行事的;如该法团是另一法团的附属公司,则该另一法团的董事是惯于或有义务按照该人的指示或指令行事的;或
(b) 该人(不论单独或联同其任何有联系者)有权在该法团的成员大会上行使33%以上的投票权或控制该数量的投票权的行使;如该法团是另一法团的附属公司,则该人(不论单独或联同其任何有联系者)有权在该另一法团的成员大会上行使33%以上的投票权或控制该数量的投票权的行使;
“提控官”(Presenting Officer) 就根据第252条提起的研讯程序而言,指根据第251(4)条委任以进行该程序的人;
“审裁处”(Tribunal) 指第251条设立的市场失当行为审裁处。
(2) 在本款及第246至249条及第4分部中,除文意另有所指外─ 〈* 注─详列交互参照:第246,247,248,249条 *〉
“上市”(listed) 指在认可证券市场上市,而就本定义而言,证券在认可证券市场暂停交易期间,须持续视为上市证券;
“上市法团”(listed corporation) 指有发行证券的法团,而在与该法团有关的内幕交易发生时,该等证券是上市证券;
“上市证券”(listed securities) 指─
(a) 在与某法团有关的内幕交易发生时,已由该法团发行并且是上市的证券;
(b) 在与某法团有关的内幕交易发生时,已由该法团发行而没有上市,但当时可合理预见会上市,而其后确实上市的证券;
(c) 在与某法团有关的内幕交易发生时并未由该法团发行,亦没有上市,但当时可合理预见会如此发行及上市,而其后确实如此发行及上市的证券;
“有关消息”(relevant information) 就某法团而言,指关于─
(a) 该法团的;
(b) 该法团的股东或高级人员的;或
(c) 该法团的上市证券的或该等证券的衍生工具的,
而并非普遍为惯常(或相当可能会)进行该法团上市证券交易的人所知的具体消息或资料,但该等消息或资料如普遍为他们所知,则相当可能会对该等证券的价格造成重大影响;
“衍生工具”(derivatives) 就上市证券而言,指─
(a) 在该等证券中的或关乎该等证券的权利、期权或权益(不论以单位或其他方式描述);
(b) 任何合约,而该等合约的目的或佯称目的是藉完全或部分参照以下项目的价格或价值,或该价格或价值的变动,以获得或增加利润或避免或减少损失─
(i) 该等证券;或
(ii) (a)段提述的任何权利、期权或权益;
(c) 在以下项目中的或关乎以下项目的权利、期权或权益(不论以单位或其他方式描述)─
(i) (a)段提述的任何权利、期权或权益;或
(ii) (b)段提述的任何合约;
(d) 任何产生、确认或证明(a)、(b)或(c)段提述的任何权利、期权、权益或合约的文书或其他文件,包括以下项目的权益证明书、参与证明书、临时证明书、中期证明书,关乎以下项目的收据(包括寄存单据),以及认购或购买以下项目的权证─
(i) 该等证券;或
(ii) 该等权利、期权、权益或合约,
不论该等衍生工具是否上市的,亦不论是由何人发行或订立的;
“证券”(securities) 指─
(a) 任何团体(不论是否属法团)或政府或市政府当局的或由它发行的或可合理预见会由它发行的股份、股额、债权证、债权股额、基金、债券或票据;
(b) 在该等股份、股额、债权证、债权股额、基金、债券或票据中的或关乎该等股份、股额、债权证、债权股额、基金、债券或票据的权利、期权或权益(不论以单位或其他方式描述);
(c) 该等股份、股额、债权证、债权股额、基金、债券或票据的权益证明书、参与证明书、临时证明书、中期证明书、收据,或认购或购买该等项目的权证;
(d) 通常称为证券的权益、权利或财产,不论属文书或其他形式;
(e) 第392条所指的公告订明为按照该公告的条款视为证券的权益、权利或财产,不论属文书或其他形式。
(3) 就第(1)款中“控制人”的定义而言,凡任何人有权在某法团的成员大会上行使33%以上的投票权或控制该数量的投票权的行使,而该法团有权在另一法团的成员大会上行使投票权或控制投票权的行使(“有效投票权”),则在该另一法团的成员大会上的有效投票权视为可由该人行使。
(4) 就本部而言,如法团董事按照某人以专业身分所提供的意见而行事,则不得仅以此为理由而视该法团的董事为惯常或有义务按照该人的指示或指令行事。

Chapter: 571 Title: SECURITIES AND FUTURES ORDINANCE Gazette Number: L.N. 12 of 2003
Section: 245 Heading: Interpretation of Part XIII Version Date: 01/04/2003
Expanded Cross Reference:
246, 247, 248, 249


PART XIII

MARKET MISCONDUCT TRIBUNAL

Division 1-Interpretation


(1) In this Part, unless the context otherwise requires-
"associate" (有联系者), in relation to a person, means-
(a) the person's spouse or reputed spouse, any person cohabiting with the person as a spouse, the person's brother, sister, parent, step-parent, child (natural or adopted) or step-child;
(b) any corporation of which the person is a director;
(c) any employee or partner of the person;
(d) where the person is a corporation, each of its directors and its related corporations and each director or employee of any of its related corporations;
(e) without limiting the circumstances in which paragraphs (a) to (d) apply, in circumstances concerning the securities of or other interest in a corporation, or rights arising out of the holding of such securities or such interest, any other person with whom the person has an agreement or arrangement-
(i) with respect to the acquisition, holding or disposal of such securities or such interest; or
(ii) under which they undertake to act together in exercising their voting power at general meetings of the corporation;
"controller" (控制人), in relation to a corporation, means any person-
(a) in accordance with whose directions or instructions the directors of the corporation or of another corporation of which it is a subsidiary are accustomed or obliged to act; or
(b) who, either alone or with any of his associates, is entitled to exercise or control the exercise of more than 33% of the voting power at general meetings of the corporation or of another corporation of which it is a subsidiary;
"insider dealing" (内幕交易) means insider dealing within the meaning of section 270;
"judge" (法官) means-
(a) a judge or a deputy judge of the Court of First Instance;
(b) a former Justice of Appeal of the Court of Appeal;
(c) a former judge or a former deputy judge of the Court of First Instance;
"market misconduct" (市场失当行为) means-
(a) insider dealing;
(b) false trading within the meaning of section 274;
(c) price rigging within the meaning of section 275;
(d) disclosure of information about prohibited transactions within the meaning of section 276;
(e) disclosure of false or misleading information inducing transactions within the meaning of section 277; or
(f) stock market manipulation within the meaning of section 278,
and includes attempting to engage in, or assisting, counselling or procuring another person to engage in, any of the conduct referred to in paragraphs (a) to (f);
"Presenting Officer" (提控官), in relation to any proceedings instituted under section 252, means the person appointed under section 251(4) to conduct the proceedings;
"relevant overseas market" (有关境外市场)-
(a) in relation to securities, means a stock market outside Hong Kong; or
(b) in relation to futures contracts, means a futures market outside Hong Kong;
"relevant recognized market" (有关认可市场)-
(a) in relation to securities, means a recognized stock market; or
(b) in relation to futures contracts, means a recognized futures market;
"Tribunal" (审裁处) means the Market Misconduct Tribunal established by section 251.
(2) In this subsection and sections 246 to 249 and Division 4, unless the context otherwise requires- <* Note - Exp. X-Ref.: Sections 246, 247, 248, 249 *>
"derivatives" (衍生工具), in relation to listed securities, means-
(a) rights, options or interests (whether described as units or otherwise) in, or in respect of, the listed securities;
(b) contracts, the purpose or pretended purpose of which is to secure or increase a profit or avoid or reduce a loss, wholly or partly by reference to the price or value, or a change in the price or value, of-
(i) the listed securities; or
(ii) any rights, options or interests referred to in paragraph (a);
(c) rights, options or interests (whether described as units or otherwise) in, or in respect of-
(i) any rights, options or interests referred to in paragraph (a); or
(ii) any contracts referred to in paragraph (b);
(d) instruments or other documents creating, acknowledging or evidencing any rights, options or interests or any contracts referred to in paragraph (a), (b) or (c), including certificates of interest or participation in, temporary or interim certificates for, receipts (including depositary receipts) in respect of, or warrants to subscribe for or purchase-
(i) the listed securities; or
(ii) the rights, options or interests or the contracts,
whether or not the derivatives are listed and regardless of who issued or made them;
"listed" (上市) means listed on a recognized stock market, and for the purposes of this definition, securities shall continue to be regarded as listed during a period of suspension of dealings in those securities on the recognized stock market;
"listed corporation" (上市法团) means a corporation which has issued securities that are, at the time of any insider dealing in relation to the corporation, listed;
"listed securities" (上市证券) means-
(a) securities which, at the time of any insider dealing in relation to a corporation, have been issued by the corporation and are listed;
(b) securities which, at the time of any insider dealing in relation to a corporation, have been issued by the corporation and are not listed, but which, at that time, it is reasonably foreseeable will be and which, in fact, are subsequently listed;
(c) securities which, at the time of any insider dealing in relation to a corporation, have not been issued by the corporation and are not listed, but which, at that time, it is reasonably foreseeable will be and which, in fact, are subsequently so issued and listed;
"relevant information" (有关消息), in relation to a corporation, means specific information about-
(a) the corporation;
(b) a shareholder or officer of the corporation; or
(c) the listed securities of the corporation or their derivatives,
which is not generally known to the persons who are accustomed or would be likely to deal in the listed securities of the corporation but which would if it were generally known to them be likely to materially affect the price of the listed securities;
"securities" (证券) means-
(a) shares, stocks, debentures, loan stocks, funds, bonds or notes of, or issued by, or which it is reasonably foreseeable will be issued by, a body, whether incorporated or unincorporated, or a government or municipal government authority;
(b) rights, options or interests (whether described as units or otherwise) in, or in respect of, such shares, stocks, debentures, loan stocks, funds, bonds or notes;
(c) certificates of interest or participation in, temporary or interim certificates for, receipts for, or warrants to subscribe for or purchase, such shares, stocks, debentures, loan stocks, funds, bonds or notes;
(d) interests, rights or property, whether in the form of an instrument or otherwise, commonly known as securities;
(e) interests, rights or property, whether in the form of an instrument or otherwise, prescribed by notice under section 392 as being regarded as securities in accordance with the terms of the notice.
(3) For the purposes of the definition of "controller" in subsection (1), where a person is entitled to exercise or control the exercise of more than 33% of the voting power at general meetings of a corporation and the corporation is entitled to exercise or control the exercise of any of the voting power at general meetings of another corporation ("the effective voting power"), then the effective voting power at general meetings of the other corporation shall be regarded as exercisable by the person.
(4) For the purposes of this Part, a person shall not be regarded as a person in accordance with whose directions or instructions the directors of a corporation are accustomed or obliged to act by reason only that the directors of the corporation act on advice given by him in a professional capacity.
级别: 管理员
只看该作者 5 发表于: 2008-05-15
两点重要发现:

1、专业法律名词都隐含在题目之中。只要理解标题就可以理解正文。
2、压码翻译只要压码一个句子就可以压码翻译全文。
级别: 管理员
只看该作者 6 发表于: 2008-05-15
引伸到压码翻译的方法:
以SECURITIES AND FUTURES ORDINANCE  Interpretation of Part XIII为例:
PART XIII

MARKET MISCONDUCT TRIBUNAL

Division 1-Interpretation

Interest in securities (insider dealing)

Connected with a corporation (insider dealing)

Connected with a corporation-possession of relevant information obtained in privileged capacity (insider dealing)

Interest in securities (insider dealing)

Connected with a corporation (insider dealing
Connected with a corporation-possession of relevant information obtained in privileged capacity (insider dealing)

Dealing in listed securities or their derivatives (insider dealing)

Interest in securities and beneficial ownership, etc. (market misconduct other than insider dealing)

Market Misconduct Tribunal

Market misconduct proceedings

Powers of Tribunal

Further powers of Tribunal concerning evidence

Use of evidence received for purposes of market misconduct proceedings
Privileged information

Orders, etc. of Tribunal

Further orders in respect of officers of corporation

Interest on moneys payable under order referred to in section 257(1)(d)

Costs

Contempt dealt with by Tribunal

Report of Tribunal

Form and proof of orders of Tribunal

Orders of Tribunal may be registered in Court of First Instance

Applications for stay of execution of orders of Tribunal under section 257,
258, 259 or 260

Appeal to Court of Appeal

Powers of Court of Appeal on appeal

No stay of execution on appeal

Rules by Chief Justice

Insider dealing

Insider dealing-certain persons not to be regarded as having engaged in market misconduct

Insider dealing-certain trustees and personal
representatives not to be regarded as having engaged in market misconduct

Insider dealing-certain persons exercising right to subscribe for or acquire securities or derivatives not to be regarded as having
engaged in market misconduct

False trading

Price rigging

Disclosure of information about prohibited transactions

Disclosure of false or misleading information
inducing transactions

Stock market manipulation

Duty of officers of corporations

Transactions relating to market misconduct not void or voidable

Civil liability for market misconduct

Conduct not to constitute market misconduct

No further proceedings after Part XIV criminal proceedings

Market misconduct regarded as contravention of provisions of this Part

Interpretation of Part XIV

Interest in securities (insider dealing offence)

Connected with a corporation (insider dealing offence)

Connected with a corporation-possession of relevant information obtained in privileged capacity (insider dealing offence)

Dealing in listed securities or their derivatives (insider dealing offence)

Interest in securities and beneficial ownership, etc. (market misconduct offences other than insider dealing offence)

Offence of insider dealing

Insider dealing offence-general defences

Insider dealing offence-defences for certain trustees and personal representatives

Insider dealing offence-defences for certain persons exercising right to subscribe for or acquire securities or derivatives

Offence of false trading

Offence of price rigging

Offence of disclosure of information about prohibited transactions

Offence of disclosure of false or misleading information inducing transactions

Offence of stock market manipulation

Offence involving fraudulent or deceptive devices, etc. in transactions in securities, futures contracts or leveraged foreign exchange trading

Offence of disclosure of false or misleading information inducing others to enter into leveraged foreign exchange contracts

Offence of falsely representing dealings in futures contracts on behalf of others, etc.

Penalties

Transactions relating to contravention of Divisions 2 to 4 not void or voidable

Civil liability for contravention of this Part

Conduct not to constitute offences

No further proceedings after Part XIII market misconduct proceedings

Interpretation of Part XV


PART XV
DISCLOSURE OF INTERESTS

Division 1-Preliminary
级别: 管理员
只看该作者 7 发表于: 2008-05-15
上面的245-308法条的标题是理解法条条文全文的关键词:
1、专业术语是专业的,要忠实原意的固定搭配,不要自己生造。
2、理解了标题,就可以压码理解全文。
3、原来艰涩难懂的专业术语在于小词,标题掌握of,in,fou,with,be,by,to,on,or,and,at,掌握了这些小词就掌握了专业术语句子搭配的扣;原文中掌握了连接词that,who,which,where,is-,就掌握了全文的灵魂。
4、压码翻译不要翻译,就是压码英语一个句子,压码中文一个句子,一部法律、法规、规章、条例就可以完整压码理解和记忆。
级别: 管理员
只看该作者 8 发表于: 2008-05-15
第245-308条的中文法律司法解释的翻译标题法例:
《证券及期货条例》  第XIII部的释义

第XIII部

市场失当行为审裁处

第1分部─释义

证券权益(内幕交易)

与法团有关连(内幕交易)

与法团有关连─掌握以享有特权的身分获得的有关消息(内幕交易)

上市证券或其衍生工具的交易(内幕交易)

证券权益及实益拥有权等(内幕交易以外的市场失当行为)


市场失当行为审裁处

第2分部─市场失当行为审裁处

关于市场失当行为的研讯程序

审裁处的权力

审裁处在证据方面的进一步权力

为市场失当行为的法律程序的目的使用经收取的证据

受保密权涵盖的资料

审裁处的命令等

就法团高级人员而作出的进一步的命令

根据第257(1)(d)条提述的命令须付的款项的利息

讼费

审裁处处理的藐视罪

审裁处的报告

审裁处命令的格式及证明

审裁处命令可在原讼法庭登记

申请搁置执行审裁处根据第257、258、259或260条所作的命令

向上诉法庭提出上诉

第3分部─上诉等

上诉法庭处理上诉的权力

上诉不搁置执行

终审法院首席法官订立规则

内幕交易

第4分部─内幕交易


内幕交易─某些人不得视为曾从事市场失当行为

内幕交易─某些受托人及遗产代理人不得视为曾从事市场失当行为

内幕交易─某些行使认购或取得证券或衍生工具的权利的人不得视为曾从事市场失当行为

虚假交易

第5分部─其他市场失当行为

操控价格

操控价格

披露虚假或具误导性的资料以诱使进行交易

操纵证券市场

法团高级人员的责任


第6分部─杂项条文

关乎市场失当行为的交易既非无效亦非可使无效

就市场失当行为须负的民事法律责任

不构成市场失当行为的行为

根据第XIV部提起刑事法律程序后不得提起进一步法律程序

从事市场失当行为视作违反本部条文

第XIV部的释义
第XIV部

关于证券及期货合约交易等的罪行

第1分部─释义

证券权益(内幕交易罪)

与法团有关连(内幕交易罪)

与法团有关连─掌握以享有特权的身分获得的有关消息(内幕交易罪)

上市证券或其衍生工具的交易(内幕交易罪)

证券权益及实益拥有权等(内幕交易罪以外的市场失当行为罪行)

内幕交易的罪行



第2分部─内幕交易罪

内幕交易罪─一般免责辩护

内幕交易罪─某些受托人及遗产代理人的免责辩护

内幕交易罪─某些行使认购或取得证券或衍生工具的权利的人的免责辩护

虚假交易的罪行

第3分部─其他市场失当行为的罪行

操控价格的罪行

披露关于受禁交易的资料的罪行

披露虚假或具误导性的资料以诱使进行交易的罪行

操纵证券市场的罪行

涉及在证券、期货合约或杠杆式外汇交易方面使用欺诈或欺骗手段等的罪行

第4分部─其他罪行

披露虚假或具误导性的资料以诱使订立杠杆式外汇交易合约的罪行

代他人进行期货合约交易的虚假陈述等的罪行

罚则

第5分部─杂项条文

关乎违反第2至4分部之事的交易既非无效亦非可使无效

就违反本部须负的民事法律责任

不构成罪行的行为

根据第XIII部就市场失当行为提起法律程序后不得提起进一步法律程序

第XV部的释义

第XV部

权益披露
第1分部─导言
。。。。
级别: 管理员
只看该作者 9 发表于: 2008-05-15
压码中文同声传译英语:
压码翻译的技巧:
1、压码一部法例,用英文压码条款,连续压码全部的条目标题,再压码中文条款,连续压码整个法例的条目标题,实现快速学习跳读关键难解内容。
2、压码中文条文内容,整篇压住已经理解的法例全文意思,然后整体压码阅读英文法例,实现快速精确理解英语意思的目的。
3、图象压码记忆,实现同声传译的目的。

压码翻译很简单,准确、快速理解记忆。
一天时间可以学习大量的英语原文。
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