【法规名称】
【法规编号】 82455 什么是编号？
【正 文】
第10页 CAP 571 SECURITIES AND FUTURES ORDINANCE
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[接上页] (4) The Commission may only serve a notice under subsection (1) in relation to a recognized exchange company that- (a) fails to comply with any requirement of this Ordinance or with a condition imposed under section 19; (b) is being wound up; (c) ceases to operate a market that it has been authorized to operate by virtue of section 19; or (d) requests the Commission to do so.(5) Except where responding to a request under subsection (4)(d), the Commission shall not exercise its power under subsection (1) in relation to a recognized exchange company unless it has given the company a reasonable opportunity of being heard. (6) Except where responding to a request under subsection (4)(d), the Commission shall give the recognized exchange company not less than 14 days' notice in writing of its intention to serve a notice under subsection (1) and the grounds for doing so. (7) Where the Commission withdraws a company's recognition as an exchange company under subsection (1)(a), it shall cause notice of that fact to be published in the Gazette. (8) A notice served under subsection (1)(a) shall not take effect- (a) subject to paragraph (b), until the expiration of the period within which an appeal against the notice may be made under section 33; or (b) if an appeal against the notice is made under section 33, until the appeal is withdrawn, abandoned or determined.(9) A notice served under subsection (1)(b) shall take effect immediately. Cap 571 s 29 Direction to cease to provide facilities or services in emergencies (1) In addition to the powers of the Commission under section 28, the Commission may, after consultation with a recognized exchange company, by notice in writing served on the company, direct the company to cease to provide or operate such facilities or cease to provide such services as are specified in the notice for a period not exceeding 5 business days. (2) The Commission may only serve a notice under subsection (1) if it is of the opinion that the orderly transaction of business on the stock market or futures market (as the case may be) is being, or is likely to be, impeded because- (a) an emergency or natural disaster has occurred in Hong Kong; or (b) there exists an economic or financial crisis, whether in Hong Kong or elsewhere, or any other circumstances, which is likely to prejudice orderly transaction of business on the stock market or futures market (as the case may be).(3) The Commission may, by notice in writing served on the recognized exchange company, extend the direction under subsection (1) for further periods not exceeding 10 business days in all. (4) A notice served under this section shall take effect immediately. Cap 571 s 30 Contravention of notice constitutes offence A person who, without reasonable excuse- (a) provides or operates facilities; or (b) provides services,in contravention of a notice under section 28(1)(b) or 29(1) or (3) commits an offence and is liable- (i) on conviction on indictment to a fine of $1000000 and to imprisonment for 2 years; or (ii) on summary conviction to a fine at level 6 and to imprisonment for 6 months. Cap 571 s 31 Prevention of entry into closed trading markets (1) The Commission may take all necessary steps to ensure compliance with a notice under section 28(1)(b) or 29(1) or (3) and may, in particular, secure- (a) the facilities to which the notice relates; or (b) the premises on which such facilities are kept or the premises on which the services to which the notice relates are provided,against use for dealings in securities or futures contracts or other purposes. (2) A person commits an offence and is liable on conviction to a fine at level 5 if, without the authority of the Commission or reasonable excuse, he- (a) makes use of any facilities or services to which the notice under section 28(1)(b) or 29(1) or (3) relates; or (b) enters the premises on which such facilities are kept or the premises on which such services are provided. Cap 571 s 32 Publication of directions Where the Commission- (a) directs a recognized exchange company under section 28(1)(b) or 29(1) to cease to provide or operate any facilities or cease to provide any services; or (b) extends under section 29(3) a direction referred to in that section,it shall cause notice of the particulars of the direction or extension (as the case may be) to be published in the Gazette. Cap 571 s 33 Appeals (1) A company served with a notice under section 28(1) or 29(1) or (3) may appeal against the notice to the Chief Executive in Council not later than 14 days after the date of service of the notice or such longer period (if any) as the Commission specifies in the notice. (2) The decision of the Chief Executive in Council on an appeal under subsection (1) shall be final. Cap 571 s 34 Restriction on use of titles relating to exchanges, markets, etc. (1) A person commits an offence if he, without the authority of the Commission or reasonable excuse, takes or uses the title- |
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