TNAG-1943-FCO40-2769-Stock-market-and-exchange-rate-in-Hong-Kong-1989 — Page 52

(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 unless the Commission has given written

notification of its intention to that Exchange Company.

Receiving orders

43. (1) The Commission may, subject to subsection (2), present

a petition for a receiving order in accordance with the Bankruptcy

Ordinance (Cap. 6) against a registered person if the registered

person has committed an act of bankruptcy within the meaning of that

Ordinance, and that Ordinance shall apply in relation to such

petition as it applies in relation to a petition presented by a

creditor.

(2) The Commission shall not present a petition under

subsection (1) in respect of any person who is a member of an

Exchange Company unless the Commission has given written notification

of its intention to that Exchange Company.

PART VI

SPECIAL PROVISIONS RELATING TO EXCHANGE COMPANIES

AND CLEARING HOUSES

Transfer and resumption of functions

44. (1) If it appears to the Commission that an Exchange

Company is willing and able to perform all or any of the functions to

which this section applies, it may request the Governor in Council to

make an order ("transfer order") transferring all or any of those

functions to that Exchange Company ("designated Exchange Company").