36

CAP. 24]

Securities and Futures Commission

[1989 Ed.

(5) (a) A case stated under this section shall include a statement of facts and, where appropriate, the decision of the tribunal appointed under section 20 on the relevant appeal and shall be signed by the person presiding at the hearing of such appeal.

(b) The person by whom it is signed shall, as soon as may be, transmit a case stated under this section to the Court of Appeal.

(6) The Court of Appeal may require the tribunal by which a case is stated under this section to amend the case in such manner as the court shall specify.

(7) Where the Court of Appeal determines a case stated under this section it shall cause a copy of the case, together with a copy of its opinion thereon, to be sent to the person by whom the case was signed and that person shall, where appropriate, reconvene the relevant tribunal which, when reconvened, shall determine the relevant appeal or, as may be appropriate, revise its previous determination having regard (in either case) to the opinion of the court.

PART IV

ADDITIONAL REGISTRATION REQUIREMENTS

23. Applications under section 51 of Securities Ordinance or section 30 of Commodities Trading Ordinance: supplementary provisions

(1) The Commission shall refuse—

(a) to issue a certificate of registration under section 51 of the Securities Ordinance (Cap. 333); or

(b) to register a person under section 30 of the Commodities Trading Ordinance (Cap. 250),

if the applicant for registration does not satisfy the Commission that he is a fit and proper person to be so registered.

(2) In considering whether an applicant for registration referred to in subsection (1) is a fit and proper person to be so registered the Commission shall, in addition to any other matter that the Commission may think relevant, have regard to the matters set out in subsection (3) in respect of

(a) the applicant if he is an individual;

(b) where the applicant is a company, each of its directors and officers; or

(c) where the applicant is a partnership, each of the partners.

(3) The matters referred to in subsection (2) are in the case of an applicant and any other person to whom that subsection applies—

(a) his financial status;

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