Report of the Investor Compensation Fund Committee

The members of the Committee present their annual report together with the audited financial statements for the year ended 31 March 2011.

Establishment of the Investor Compensation Fund (the Fund)

Part XII of the Securities and Futures Ordinance (Chapter 571) established the Fund on 1 April 2003.

Financial statements

The surplus of the Fund for the financial year ended 31 March 2011 and the state of the Fund’s affairs as at that date are set out in the financial statements on pages 102 to 115.

Members of the Committee

The members of the Committee during the year ended 31 March 2011 and up to the date of this report were:

Mr Keith Lui (Chairman)
Mr Gerald Greiner (retired on 1 April 2010)
Mr Kenneth H W Kwok, BBS, SC (retired on 31 December 2010)
Mrs Alexa Lam
Mr Eric Yip (appointed on 1 April 2010 and retired on 31 March 2011)
Mr Chow Ka Ming, Anderson, SC (appointed on 15 February 2011)
Mr Tai Chi Kin (appointed on 1 April 2011)

Interests in contracts

No contract of significance to which the Fund was a party and in which a Committee member of the Fund had a material interest, subsisted at the end of the financial year or at any time during the financial year.

Auditors

KPMG retire and, being eligible, offer themselves for re-appointment. A resolution for the re-appointment of KPMG as auditors of the Fund is to be proposed at the forthcoming Investor Compensation Fund Committee meeting.

By order of the Committee

Keith Lui

Chairman

20 May 2011

Independent auditor’s report

Independent auditor’s report to the Securities & Futures Commission (the SFC)

We have audited the financial statements of Investor Compensation Fund (the Fund) established under Part XII of the Securities and Futures Ordinance set out on pages 102 to 115, which comprise the statement of financial position as at 31 March 2011 and the statement of comprehensive income, the statement of changes in equity and the statement of cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information.

The SFC’s responsibility for the financial statements

The Securities and Futures Ordinance requires the directors of the SFC to prepare financial statements which give a true and fair view. The directors of the SFC are responsible for the preparation of the financial statements that give a true and fair view in accordance with International Financial Reporting Standards issued by the International Accounting Standards Board and for such internal control as the directors determine necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditor’s responsibility

Our responsibility is to express an opinion on these financial statements based on our audit. This report is made solely to you and for no other purpose. We do not assume responsibility towards or accept liability to any other person for the contents of this report.

We conducted our audit in accordance with Hong Kong Standards on Auditing issued by the Hong Kong Institute of Certified Public Accountants. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation of the financial statements that give a true and fair view in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the directors, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Opinion

In our opinion, the financial statements give a true and fair view of the state of the Fund’s affairs as at 31 March 2011 and of its surplus and cash flows for the year then ended in accordance with International Financial Reporting Standards.

KPMG

Certified Public Accountants
8th Floor, Prince’s Building
10 Chater Road
Central, Hong Kong

20 May 2011

Statement of comprehensive income

Statement of comprehensive income

For the year ended 31 March 2011 (Expressed in Hong Kong dollars)

  Note 2011
$’000
2010
$’000
Income      
 Net investment income 5 88,837 154,796
 Exchange difference 1,695 1,733
 Recoveries 4,569 1,345
    95,101 157,874
Expenses      
 Investor Compensation Company expenses 7 4,157 4,165
 Compensation (write-backs)/expenses 8 (218) 363
 Auditor’s remuneration 95 86
 Bank charges 770 755
 Professional fees 3,239 2,975
    8,043 8,344
Surplus and total comprehensive income for the year   87,058 149,530

The notes on pages 106 to 115 form part of these financial statements.

Statement of financial position

Statement of financial position

At 31 March 2011 (Expressed in Hong Kong dollars)

  Note 2011
$’000
2010
$’000
Current assets      
 Financial assets designated at fair value through profit or
 loss
 – Debt securities 9 1,608,583 1,517,803
 – Pooled fund 9 224,824 184,523
 Fair value adjustment on unsettled trades   15 -
 Interest receivable 17,823 16,371
 Due from Investor Compensation Company 128 261
 Fixed and call deposits with banks 10 189,486 150,452
 Cash at bank 10 12,467 102,283
    2,053,326 1,971,693
Current liabilities      
 Provision for compensation 8 150 5,656
 Creditors and accrued charges   983 895
 Fair value adjustment on unsettled trades   - 7
    1,133 6,558
Net current assets   2,052,193 1,965,135
Net assets   2,052,193 1,965,135
Representing:
Compensation fund  
Contributions from Unified Exchange Compensation Fund 11 994,718 994,718
Contributions from Commodity Exchange Compensation Fund 11 108,923 108,923
Accumulated surplus 948,552 861,494
    2,052,193 1,965,135

Approved and authorized for issue by the Securities and Futures Commission (the SFC) on 20 May 2011 and signed on its behalf by

Eddy C Fong Martin Wheatley
Chairman of the SFC Chief Executive Officer of the SFC

The notes on pages 106 to 115 form part of these financial statements.

Statement of changes in equity

Statement of changes in equity

For the year ended 31 March 2011 (Expressed in Hong Kong dollars)

  Contributions from
unified Exchange
Compensation Fund
$’000
Contributions from
Commodity Exchange
Compensation Fund
$’000
Accumulated
surplus
$’000
Total
$’000
Balance at 1 April 2009 994,718 108,923 711,964 1,815,605
Total comprehensive income for the year - 149,530 149,530
Balance at 31 March 2010 and 1 April 2010 994,718 108,923 861,494 1,965,135
Total comprehensive income for the year - 87,058 87,058
Balance at 31 March 2011 994,718 108,923 948,552 2,052,193

The notes on pages 106 to 115 form part of these financial statements.

Statement of cash flows

Statement of cash flows

For the year ended 31 March 2011 (Expressed in Hong Kong dollars)

  2011
$’000
2010
$’000
Cash flows from operating activities    
 Surplus for the year 87,058 149,530
 Net investment income (88,837) (154,796)
 Exchange difference (1,695) (1,733)
 Decrease in amount due from Investor Compensation Company 133 216
 Decrease in provision for compensation (5,506) (2,376)
 Increase in accounts payable and accrued charges 88 94
Net cash used in operating activities (8,759) (9,065)
Cash flows from investing activities
 Purchase of debt securities (509,650) (1,158,241)
 Sale or maturity of debt securities 409,036 1,220,937
 Sale of equity securities 968 733
 Interest received 57,623 62,260
Net cash (used in)/generated from investing activities (42,023) 125,689
Net (decrease)/increase in cash and cash equivalents (50,782) 116,624
Cash and cash equivalents at beginning of the year 252,735 136,111
Cash and cash equivalents at end of the year 201,953 252,735

Analysis of the balance of cash and cash equivalents:

  2011
$’000
2010
$’000
Fixed and call deposits with banks 189,486 150,452
Cash at bank 12,467 102,283
201,953 252,735
Notes to the financial statements
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