TNAG-1943-FCO40-2769-Stock-market-and-exchange-rate-in-Hong-Kong-1989 — Page 136

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

27. Clause 34 makes it an offence to destroy, falsify,

conceal or otherwise dispose of documents which are relevant to an

inspection or investigation under the Bill.

28. Clause 35 provides that the powers conferred by clauses

36, 37 and 38 are exercisable only where it appears to the

Commission that the exercise is desirable in the interest of the

investing public, or that the registered person concerned is not a

fit and proper person in certain respects or that such person has

contravened or failed to comply with certain requirements or has

furnished the Commission with information which is false,

inaccurate or misleading. The powers are exercisable

notwithstanding certain suspensions or revocations but prior

written notification to an Exchange Company is required in certain

circumstances.

29. Clauses 36 and 37 empower the Commission to restrict the

manner in which a registered person carries on business or the

manner in which he deals with assets.

30. Clause 38 empowers the Commission to require a registered

person to maintain such assets as appear to the Commission to be

desirable to ensure that he will be able to meet his liabilities as

a registered person.

31. Clause 39 supplements the provisions of clauses 36, 37

and 38 relating to notices, and provides for publication of the

contents of notices.

32. Clause 40 empowers the Commission to withdraw a notice

under clause 36, 37 or 38 and to substitute another prohibition of

requirement for, or vary, any prohibition or requirement contained

in the notice.

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