【法规名称】
【法规编号】 82455 什么是编号？
【正 文】
第7页 CAP 571 SECURITIES AND FUTURES ORDINANCE
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[接上页] (3) A notice under subsection (1) or (2) is not subsidiary legislation. Cap 571 s 21 Duties of recognized exchange company (1) It shall be the duty of a recognized exchange company to ensure- (a) so far as reasonably practicable, an orderly, informed and fair market- (i) in the case of a recognized exchange company which operates a stock market, in securities that are traded on that stock market or through the facilities of that company; or (ii) in the case of a recognized exchange company which operates a futures market, in futures contracts that are traded on that futures market or through the facilities of that company; and(b) that risks associated with its business and operations are managed prudently.(2) In discharging its duty under subsection (1), a recognized exchange company shall- (a) act in the interest of the public, having particular regard to the interest of the investing public; and (b) ensure that the interest of the public prevails where it conflicts with the interest of the recognized exchange company.(3) A recognized exchange company shall operate its facilities in accordance with the rules made under section 23 and approved under section 24. (4) A recognized exchange company shall formulate and implement appropriate procedures for ensuring that its exchange participants comply with the rules of the company. (5) A recognized exchange company shall immediately notify the Commission if it becomes aware- (a) that any of its exchange participants is unable to comply with any rules of the company or any financial resources rules; or (b) of a financial irregularity or other matter which in the opinion of the company may indicate that the financial standing or integrity of an exchange participant is in question, or that an exchange participant may not be able to meet his legal obligations.(6) A recognized exchange company shall at all times provide and maintain- (a) adequate and properly equipped premises; (b) competent personnel; and (c) automated systems with adequate capacity, facilities to meet contingencies or emergencies, security arrangements and technical support,for the conduct of its business. Cap 571 s 22 Immunity, etc. (1) 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 recognized exchange company; or (b) any person acting on behalf of a recognized exchange company, including- (i) any member of the board of directors of the company; or (ii) any member of any committee established by the company,in respect of anything done or omitted to be done in good faith in the discharge or purported discharge of the duties of the company under section 21 or in the performance or purported performance of its functions under its 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 exchange company of which it is a controller, the company's duties under section 21 or under its rules are not applicable to the company in respect of anything done or omitted to be done in good faith by the company in compliance with the instruction, direction or request. Cap 571 s 23 Rules by recognized exchange company (1) Without limiting any of its other powers to make rules, a recognized exchange company may make rules for such matters as are necessary or desirable- (a) for the proper regulation and efficient operation of the market which it operates; (b) for the proper regulation of its exchange participants and holders of trading rights; (c) for the establishment and maintenance of compensation arrangements for the investing public.(2) Without limiting the generality of subsection (1), a recognized exchange company which may operate a stock market may make rules for- (a) applications for the listing of securities and the requirements to be met before securities may be listed; (b) the entering into of agreements between the recognized exchange company and other persons in connection with the listing of securities, and the enforcement of those agreements by the company; (c) the cancellation and withdrawal of the listing of, and the suspension and resumption of dealings in, securities listed on the recognized stock market operated by the recognized exchange company; (d) the imposition on any person of obligations to observe specified standards of conduct or to perform, or refrain from performing, specified acts reasonably imposed in connection with the listing or continued listing of securities; (e) the admission of securities which are regulated in a jurisdiction outside Hong Kong to trading on a recognized stock market operated by the recognized exchange company; (f) the penalties or sanctions which may be imposed by the recognized exchange company for a breach of rules made under this section; (g) procedures or conditions which may be imposed, or circumstances which are required to exist, in relation to matters which are provided for in the rules made under this section; |
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