74
CAP. 24]
Securities and Futures Commission
[1989 Ed.
benefit received or obtained by him under the contract from that party.
43. Withdrawal, substitution or variation
of notices under section 39, 40 or 41
(1) Where a notice under section 39, 40 or 41 is in force, the Commission may of its own volition, or on the application of the person on whom the notice was served or any other person affected by the notice, by notice in writing-
(a) withdraw the notice; or
(b) substitute another prohibition or requirement for, or vary, any
prohibition or requirement contained in the notice.
(2) If, on an application made by a person under subsection (1), the Commission refuses to withdraw, substitute or vary a prohibition or requirement imposed under section 39, 40 or 41, the Commission shall serve on that person a notice in writing of the refusal.
44. Appeals against notices under this Part
(1) Where the Commission issues a notice under section 39, 40, 41, 42 or 43, any person on whom such notice is served may, within the period specified in section 21(3), appeal to the Panel under section 19.
(2) An appeal referred to in subsection (1) shall not affect the coming into force of any notice to which the appeal relates.
(3) A notice referred to in subsection (1) shall state that an appeal may be made to the Panel against the notice by any person on whom the notice is served, and specify the period within which such an appeal may be made.
45. Winding-up orders
(1) If, in the case of a company which may be wound up by the High Court under the Companies Ordinance (Cap.32), it appears to the Commission that it is expedient in the public interest that the company should be wound up, the Commission may, subject to subsection (2), present a petition for it to be wound up under that Ordinance on the ground that it is just and equitable that it should be so wound up.
(2) The Commission shall not present a petition under subsection (1) for the winding up of any person that is a member of an Exchange Company or a clearing house unless the Commission has given written notification of its intention to that Exchange Company or, as the case may be, that clearing house.