s 167 Application of fidelity fund
(1) Subject to this Division, if— (a) a person (the “futures person”) suffers monetary loss at a particular time because of a defalcation, or because of fraudulent misuse of monies or other property, by a director, officer, employee or representative of a holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts that is at that time an affiliate of a relevant futures exchange or in such other circumstances as may be prescribed under paragraph 159(3)(c); and (b) the loss is suffered in respect of monies or other property that was, in connection with the holder’s trading in futures contracts, entrusted to or received by the holder or by a director, officer or employee of the holder whether before or after the commencement of this section— (i) for or on behalf of the futures person or another person; or (ii) because the holder was trustee of the monies or other property, the fidelity fund of the relevant futures exchange shall be applied for the purpose of compensating the futures person. (2) The amount or the sum of the amounts paid under this Division out of a relevant futures exchange’s fidelity fund for the purpose of— (a) compensating for monetary loss suffered by a futures person; or (b) compensating for monetary loss suffered by any person or persons in respect of a particular holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts, must not be greater than the applicable amount stated in or calculated in accordance with the relevant futures exchange’s rules. (3) For the purposes of subsection (2), an amount that is paid from a fidelity fund is, to the extent to which that amount is repaid to the fund, to be disregarded. (4) A reference in this section to a defalcation, or to a fraudulent misuse of monies or other property, is a reference to a defalcation, or to such a fraudulent misuse, wherever and whenever occurring.