【法规名称】
【法规编号】 82455 什么是编号？
【正 文】
第3页 CAP 571 SECURITIES AND FUTURES ORDINANCE
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[接上页] Cap 571 s 8 Commission may establish committees (1) The Commission may establish- (a) standing committees; and (b) special committees.(2) The Commission may refer a matter to a committee established under this section for consideration, inquiry or management. (3) The Commission may appoint a person to be a member of a committee established under this section, whether or not the person is a member of the Commission, and may appoint a member of the committee to be the chairman of the committee. (4) A reference of a matter to a committee under subsection (2) does not prevent the Commission from performing any of its functions. (5) The Commission may- (a) withdraw a reference under subsection (2) from a committee; (b) revoke an appointment of a member or chairman of a committee under subsection (3).(6) A committee established under this section may elect one of its members- (a) to be its chairman if a chairman has not been appointed by the Commission under subsection (3); or (b) to act as its chairman for any period during which a chairman appointed by the Commission under subsection (3) is unable to act as chairman due to illness, absence from Hong Kong or any other cause,and may at any time remove the member so elected from the office of the chairman. (7) A committee established under this section may, subject to the provisions of this Ordinance, regulate its own procedure and business. (8) A committee established under this section shall meet when and where the chairman of the committee determines, subject to any procedure fixed by the committee and any direction given by the Commission under subsection (9). (9) The Commission may give directions to a committee established under this section, whether generally or in any particular case, and whether regarding the manner in which it shall act or otherwise, and the committee shall act in accordance with any such directions. Cap 571 s 9 Staff of Commission (1) The Commission may employ persons for such remuneration and allowances, and on such other terms and conditions, as the Commission determines. (2) The Commission may provide and maintain schemes (whether contributory or not) for the payment of retirement benefits, gratuities or other allowances to its employees and their dependants. (3) The Commission may engage consultants, agents and advisers to assist it in the performance of its functions. Cap 571 s 10 Delegation and sub-delegation of Commission's functions (1) Subject to subsection (2), the Commission may delegate any of its functions to- (a) a member of the Commission; (b) a committee established under section 8; or (c) an employee of the Commission, whether by reference to his name or to the office held by him.(2) No delegation shall be made under subsection (1) in respect of- (a) the power of the Commission to delegate under this section; or (b) a function specified in Part 2 of Schedule 2.(3) Where the Commission delegates a function under this section, it may at the same time authorize the delegate to sub-delegate the function and the authorization may contain restrictions or conditions on the exercise of the power to sub-delegate. (4) A delegation or sub-delegation under this section does not prevent the Commission or its delegate from concurrently performing the function delegated or sub-delegated. (5) The Commission may- (a) revoke a delegation under this section; (b) revoke an authorization in respect of a sub-delegation under this section,whereupon the delegation or sub-delegation (as the case may be) shall cease to have effect. (6) Where a person or committee purports to act pursuant to a delegation or sub-delegation under this section, he or it shall be presumed, unless the contrary is proved, to be acting in accordance with the terms of the delegation or sub-delegation. (7) Without prejudice to subsection (4), where there is a delegation or sub-delegation under this section in respect of a function of the Commission, any reference in this or any other Ordinance to the Commission in connection with the performance of the function shall, unless the context otherwise requires, be construed accordingly. (8) The Legislative Council may by resolution amend Part 2 of Schedule 2. Cap 571 s 11 Directions to Commission (1) After consultation with the chairman of the Commission, the Chief Executive may, upon being satisfied that it is in the public interest to do so, give the Commission written directions as to the furtherance of any of its regulatory objectives or the performance of any of its functions. (2) The Commission shall comply with any written direction given under subsection (1). (3) Where any written direction is given under subsection (1), any requirement under any other provision of this or any other Ordinance that the Commission shall, for the purpose of performing any of the functions to which the written direction relates- (a) form any opinion; (b) be satisfied as to any matter (including existence of particular circumstances); or |
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