The Securities and Exchange Surveillance Commission (SESC) conducted
the inspection of HSBC Securities Japan limited Tokyo branch (HSBC)
based on the provisions of the Securities and Exchange Law (SEL)
and found legal violations described below.
The SESC sent recommendation to the Minister of Finance to take
disciplinary action against
HSBC pursuant to Article 19 1) of Ministry of Finance Establishment
Law on May 26, 1998.
I. Bucketing and Counter Bucketing
1) On August 5, 1997, HSBC received buy order of 77 issues (a customer had requested the director of Japanese Equities Trading
Department who was in charge of placing orders to place market
orders at closing and get them executed at closing price, and
if it seemed difficult, try to get it executed at the price
as close to the final execution price as possible) and placed
them but 9 issues out of them was not executed. However, to
meet the customer's request, the director of equities department
of HSBC informed the customer that all the orders had been traded
at the final execution price of that day, and on the next day
he bought the shares on the company's account for the delivery
to the customer.
(Violation of SEL Article 47 applied in Law on Foreign Securities
Firms (LFSF) Article 171) and SEL Article 129 1))
OnAugust7, 1997 HSBC received buy orders of over the counter
stock from a customer. The director who had placed the order
informed the customer by mistake that 7,000 shares was traded
although in fact only 6,000 had been executed. On the following
day, he found that mistake. However, instead of receiving another
order from the customer and placing it, he bought 1,000 shares
on the company's account for the delivery to the cumtomer on
August 11, 1997. (Violation of SEL Article 47 applied in LFSF
Article 171))
ailing to submit reports or submitting reports containing false statements
In are sult of execution of buy order of 77 issues mentioned inh1),
the director of Japanese Equities Trading Department who was
in charge of placing the orders found that the execution price
of 7 issues of them was not the same as the final execution price. Therefore, to meet the customer's request, the director
informed the customer that the 7 issues had been also executed
at the final execution price respectively and delivered them
to the customer.
2) As for 12 discretionary orders received from corporate customers
from January 1997 to February 1998, in order to make the average
of execution price of them close to the average of all transactions
on the stock exchange on that day or by other reasons, the director
informed on his own decision the customer of the price which
was different from the real execution price and delivered them.
3) On September 24, 1997, though there was no untrue statement
in an original report which an employee submitted to the customer
, after submitting the report, he found that he informed the
customer of wrong contents of transaction by phone. He did not
want the customer to know his mistake. In this reason, after
getting understanding of head of equities sales, he exchanged
the original report with false one.
4) As for 40 orders received from customers from January 1997
to February 1998, employees informed the customers of wrong
contents of transaction and put the wrong data into the in-house
computer system. Though they had found the mistakes the following
day, they did not dare to correct the errors on the director
's decision and delivered them to customers with the price different
from the execution price.
As mentioned above, as for 1), 2), 3) HSBC with involvement of
the director of Japanese Equities Trading Department or other
employees put the price which was different from the real execution
price into the in-house cumputer deliberately. As a result of
this, the company submitted reports containing false statements
based on these wrong data.
As for 4), even after noticing these mistakes, HSBC did not dare
to resubmit true reports to customers for correcting the errors.
(Violation of LFSF Article 37 3) and SEL Article 48 applied in
LFSF Article 171))
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