【法规名称】
【法规编号】 82455 什么是编号？
【正 文】
第13页 CAP 571 SECURITIES AND FUTURES ORDINANCE
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[接上页] (ii) any member of any committee established by the clearing house,in respect of anything done or omitted to be done in good faith in the discharge or purported discharge of the duties of the clearing house under sections 38 and 47 or in the performance or purported performance of its functions under its rules, including its default rules. (2) Where, in the discharge or purported discharge of its duties under section 63, a recognized exchange controller gives an instruction or direction or makes a request to a recognized clearing house of which it is a controller, the clearing house's duties under sections 38 and 47 or under its rules (including its default rules) are not applicable to the clearing house in respect of anything done or omitted to be done in good faith by the clearing house in compliance with the instruction, direction or request. (3) Without limiting the generality of section 380(1), no civil liability, whether arising in contract, tort, defamation, equity or otherwise, shall be incurred by- (a) a person performing, by virtue of a delegation under the default rules of a recognized clearing house, a function of the clearing house in connection with any default proceedings; or (b) any person acting on behalf of a person referred to in paragraph (a), including- (i) any member of the board of directors of that person; or (ii) any member of any committee established by that person,in respect of anything done or omitted to be done in good faith in the performance and purported performance of that function. (4) Any failure by a recognized clearing house to comply with its rules in relation to a matter does not prevent the matter from being treated for the purposes of this Ordinance as done in accordance with the rules so long as the failure does not substantially affect the rights of a person entitled to require compliance with the rules. (5) Where a relevant office-holder takes action in relation to property of a defaulter which is liable to be dealt with in accordance with the default rules of a recognized clearing house, and believes on reasonable grounds that he is entitled to take that action, he is not liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage (as the case may be) is caused by the office-holder's own negligence. Cap 571 s 40 Rules by recognized clearing houses (1) Without limiting any of its other powers to make rules, a recognized clearing house may make rules for such matters as are necessary or desirable- (a) for the proper regulation and efficient operation of the clearing or settlement facilities which it operates; (b) for the proper regulation of its clearing participants; (c) for the establishment and maintenance of compensation arrangements for the investing public.(2) A recognized clearing house shall make rules which- (a) provide for the taking of proceedings or other action if a clearing participant appears to be unable, or likely to become unable, to meet his obligations in respect of all unsettled or open market contracts to which he is a party; and (b) comply with Part 5 of Schedule 3.(3) Where a recognized clearing house takes default proceedings, all subsequent proceedings or other action taken under its rules for the settlement of market contracts to which the defaulter is a party shall be treated as taken under the default rules. (4) The Commission may, by notice in writing served on a recognized clearing house, request the clearing house- (a) to make rules specified in the request within the period specified in that request; or (b) to amend rules referred to in the request in the manner and within the period specified in that request.(5) Before making a request under subsection (4), the Commission shall consult the Financial Secretary and the recognized clearing house to which the request relates. (6) Where the Commission is satisfied that a recognized clearing house has not complied with a request referred to in subsection (4) within the period specified in the request, the Commission may make or amend the rules specified in the request instead of the recognized clearing house. Cap 571 s 41 Approval of rules or amendments to rules of recognized clearing house (1) Subject to subsection (7), no rule (whether or not made under section 40) of a recognized clearing house or any amendment thereto sh |
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