【法规名称】
【法规编号】 82455 什么是编号？
【正 文】
第9页 CAP 571 SECURITIES AND FUTURES ORDINANCE
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[接上页] (8) Neither the rules under section 23 nor a notice under subsection (7) is subsidiary legislation. Cap 571 s 25 Transfer and resumption of functions of Commission (1) The Commission may request the Chief Executive in Council to transfer, by order ("transfer order") published in the Gazette, to a recognized exchange company ("designated exchange company")- (a) a function to which this section applies; or (b) that function in so far as it applies to the exchange participants or applicants to be exchange participants of the designated exchange company,if the Commission is satisfied that the designated exchange company is willing and able to perform the function. (2) This section applies to a function of the Commission under- (a) Part V; (b) section 145; and (c) Parts II and XII of the Companies Ordinance (Cap 32).(3) A function to which this section applies may be transferred by a transfer order either in whole or in part, and the transfer may be subject to- (a) a reservation that the Commission is to perform the function concurrently with the designated exchange company; and (b) such other conditions as the Commission considers appropriate.(4) A transfer order may contain such incidental, supplemental and consequential provisions as may be necessary or expedient for the purpose of giving full effect to the order. (5) The Commission shall not request that a transfer order be made in respect of the making of financial resources rules unless the proposed designated exchange company has first supplied the Commission with a draft of the financial resources rules which it proposes to make, and the Commission is satisfied that the rules, if made, will afford the investing public an adequate level of protection. (6) The Commission may at the request or with the consent of a designated exchange company resume a function transferred by a transfer order, but the resumption takes effect only by order of the Chief Executive in Council. (7) The Chief Executive in Council may order that the Commission resume a function transferred to a designated exchange company by a transfer order if the Commission so requests and if it appears to the Chief Executive in Council to be in the public interest to do so. (8) A transfer order may provide for a designated exchange company to retain all or any of the fees payable in relation to the performance of a transferred function, and an order made under subsection (6) or (7) may provide for the Commission to retain all or any such fees, from a date specified in the order. Cap 571 s 26 Appointment of chief executive of recognized exchange company requires approval of Commission No appointment of a person as chief executive of a recognized exchange company shall have effect unless the appointment has the approval in writing of the Commission. Cap 571 s 27 Production of records, etc. by recognized exchange company (1) The Commission may, by notice in writing served on a recognized exchange company, require the company to provide to the Commission, within such period as the Commission may specify in the notice- (a) such books and records kept by it in connection with or for the purposes of its business or in respect of any trading in securities or futures contracts; and (b) such other information relating to its business or any trading in securities or futures contracts,as the Commission may reasonably require for the performance of its functions. (2) A recognized exchange company served with a notice under subsection (1) which, without reasonable excuse, fails to comply with the notice commits an offence and is liable on conviction to a fine at level 5. Cap 571 s 28 Withdrawal of recognition of exchange company and direction to cease to provide facilities or services (1) Subject to subsections (4), (5) and (6), the Commission may, after consultation with the Financial Secretary, by notice in writing served on a recognized exchange company- (a) withdraw the company's recognition as an exchange company with effect from a date specified in the notice for the purpose; or (b) direct the company to cease with effect from a date specified in the notice for the purpose- (i) to provide or operate such facilities as are specified therein; or (ii) to provide such services as are specified therein.(2) The Commission may by the notice served under subsection (1) permit the recognized exchange company to continue, on or after the date on which the withdrawal or direction is to take effect, to carry on such activities affected by the withdrawal or direction as the Commission may specify in the notice for the purpose of- (a) closing down the operations of the company or ceasing to provide the services specified in the notice; or (b) protecting the interest of the investing public or the public interest.(3) Where the Commission has granted a permission to a recognized exchange company under subsection (2), the company shall not, by reason of its carrying on the activities in accordance with the permission, be regarded as having contravened section 19(1). |
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