78
CAP. 24]
Securities and Futures Commission
[1989 Ed.
(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 Council may, if the Commission so requests, order that the Commission resume all or any of such functions.
(7) A transfer order may provide for the designated Exchange Company to retain all or any fees charged in relation to the performance of any transferred function, and an order made under subsection (5) or (6) may provide for the Commission to retain all or any such fees, from a date to be specified in the order.
48. Information: Exchange Companies and clearing houses
(1) The Commission, each of the Exchange Companies or any clearing house shall be entitled to supply information about its affairs or, in the case of an Exchange Company, the affairs of any of its members to any other of them, and any such supply of information shall not be treated as a publication for the purposes of the law of defamation and, subject to section 59, no person so supplying any such information shall incur any liability as a consequence thereof.
(2) The Commission may by written notice require any Exchange Company or clearing house to supply it with such information, including information in its possession or under its control which relates to the affairs of any of its members, as it may reasonably require for the performance of its functions under the relevant Ordinances, and any such supply of information shall not be treated as a publication for the purposes of the law of defamation; and, without affecting the generality of section 56(2) and notwithstanding section 59, no person so supplying any such information shall incur any liability as a consequence thereof.
49. Notice of closure or re-opening
An Exchange Company shall give to the Commission such written notice as is reasonable in the circumstances of its intention to close its exchange for the transaction of business otherwise than in accordance with the rules of that company and, where it has so closed it, of its intention to re-open it.
50. Additional powers-restriction notices relating to
Exchange Companies and clearing houses
(1) Subject to subsections (2), (4) and (11), where the Commission is satisfied that it is in the interest of the investing public or in the public interest, or it is appropriate to do so for the protection of investors or for the proper regulation of an Exchange Company or clearing house, the Commission may by notice in writing ("restriction notice") do any of the following-