(2) This section applies to any function of the Commission
under sections 26 and 27, Parts VI and VIA of the Securities
Ordinance (Cap. 333) and Part IV of the Commodities Trading Ordinance
(Cap. 250).
(3) Any function to which this section applies may be
transferred by a transfer order either wholly or in part, and any
such transfer may be subject to a reservation that the function is to
be exercisable by the Commission concurrently with the designated
Exchange Company.
(4) The Commission shall not make a request under subsection
(1) 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 those rules, if made, will afford
investors an adequate level of protection.
(5) The Commission may at the request or with the consent of a
designated Exchange Company resume all or any of the functions
transferred by a transfer order, but such resumption shall take
effect only by order of the Governor in Council.
(6) If at any time it appears that any designated Exchange
Company is unable to or unwilling to perform all or any of the
functions transferred to it by a transfer order, the Governor in