【法规名称】
【法规编号】 82455 什么是编号？
【正 文】
第6页 CAP 571 SECURITIES AND FUTURES ORDINANCE
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[接上页] (a) operate a stock market unless the person is- (i) the Stock Exchange Company; (ii) a recognized exchange company of which a relevant recognized exchange controller is a controller; or (iii) a relevant recognized exchange controller which is itself a recognized exchange company;(b) operate a futures market unless the person is a recognized exchange company; (c) assist in the operation of a stock market which is operated in contravention of this subsection; (d) assist in the operation of a futures market which is operated in contravention of this subsection.(2) Where the Commission is satisfied that it is appropriate to do so- (a) in the interest of the investing public or in the public interest; or (b) for the proper regulation of markets in securities or futures contracts,it may, after consultation with the public and then the Financial Secretary, by notice in writing served on a company, recognize the company as an exchange company- (i) subject to such conditions as it considers appropriate specified in the notice; and (ii) with effect from a date specified in the notice for the purpose.(3) Without limiting the generality of conditions which may be specified in a notice under subsection (2), the Commission may, by notice in writing served on a recognized exchange company, amend or revoke any condition specified in the first-mentioned notice or impose new conditions, where the Commission- (a) is satisfied that it is appropriate to do so on a ground specified in paragraph (a) or (b) of that subsection; and (b) has consulted the Financial Secretary.(4) Where the Commission amends or revokes any condition or imposes any new condition by a notice under subsection (3), the amendment, revocation or imposition takes effect at the time of service of the notice or at the time specified in the notice, whichever is the later. (5) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable- (a) on conviction on indictment to a fine of $1000000 and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.(6) Where a company becomes a recognized exchange company, the Commission shall cause notice of that fact to be published in the Gazette. (7) Where a company is seeking to be a recognized exchange company and the Commission is minded not to recognize the company under subsection (2), the Commission shall give the company a reasonable opportunity of being heard before making a decision not to recognize the company. (8) Where the Commission refuses to recognize a company as an exchange company under subsection (2), the Commission shall, by notice in writing served on the company, inform the company of the refusal and of the reasons for it. (9) A person shall not be regarded as contravening- (a) subsection (1)(b) by reason only of- (i) carrying on a business of providing automated trading services that constitutes an operation of a futures market if- (A) that person is authorized to provide the services under section 95(2) or is an intermediary licensed or registered for Type 7 regulated activity; and (B) by virtue of the authorization, licence or registration, that person is permitted to engage in activities that constitute an operation of a futures market; or (ii) carrying on a business of dealing in futures contracts that constitutes an operation of a futures market if- (A) that person is an intermediary licensed or registered for Type 2 regulated activity; and (B) by virtue of the licence or registration, that person is permitted to engage in activities that constitute an operation of a futures market; or(b) subsection (1)(d) by reason only of assisting in carrying on a business of providing automated trading services that constitutes an operation of a futures market or carrying on a business of dealing in futures contracts that constitutes an operation of a futures market if the conditions referred to in paragraph (a)(i)(A) and (B) or (ii)(A) and (B) (as the case may be) are fulfilled in relation to the business of providing automated trading services or the business of dealing in futures contracts.(10) In subsection (1), "stock market" (证券市场) shall have the meaning assigned to it in the definition of "stock market" in section 1 of Part 1 of Schedule 1, except that a reference to securities in that definition shall be construed as not including a reference to interests in any collective investment scheme. Cap 571 s 20 Transactions that may be conducted on recognized stock market and recognized futures market (1) No transaction may be conducted on a recognized stock market other than dealings in- (a) securities; and (b) other financial products which are approved by the Commission by notice published in the Gazette, either generally or in a particular case.(2) No transaction may be conducted on a recognized futures market other than dealings in- (a) futures contracts; and (b) other financial products,which are approved by the Commission by notice published in the Gazette, either generally or in a particular case. |
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