68
CAP. 24]
Securities and Futures Commission
(1989 Ed.
38. Powers of intervention
(1) Any power conferred on the Commission by section 39, 40 or 41 may be exercised in relation to any registered person if he is a registered person to whom this section applies and if, and only if, it appears to the Commission that-
(a) the exercise of the power is desirable in the interest of the investing public;
(b) the registered person is not a fit and proper person (having regard, amongst other matters, to the matters specified in section 23(3)) to carry on any one or more of the businesses in respect of which he is registered under the Securities Ordinance (Cap.333) or the Commodities Trading Ordinance (Cap.250), as the case may be, to the extent to which he is carrying it on or proposes to carry it on; or
(c) the registered person has contravened or failed to comply with any provision of or requirement under the relevant Ordinances or, in purported compliance with any such provision, has furnished the Commission with information which, in a material particular, is false, inaccurate or misleading.
(2) The powers conferred on the Commission by section 39, 40 or 41 may be exercised in relation to a person whose registration is suspended or revoked under section 55 or 56 of the Securities Ordinance (Cap.333) or section 35 or 36 of the Commodities Trading Ordinance (Cap.250) where an appeal is made under section 19 or the time for making such an appeal has not expired, and references in section 39, 40 or 41 to a registered person shall be construed accordingly.
(3) The Commission shall not exercise any power conferred on it by section 39, 40 or 41 with respect to a registered person who 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.
(4) This section applies to any registered person who is a dealer, a partner of a dealing partnership, an investment adviser, a commodity trading adviser or a partner in an investment advisers' partnership; and for the purposes of this subsection "dealer" (證券商), "dealing partnership" (交易合夥商行), "investment adviser" (投資顧問), "commodity trading adviser" (商品交易顧問) and “investment advisers' partnership" (投資顧問合夥商行) have the meanings assigned to them respectively by section 27(10).
39. Restriction of business
(1) Subject to section 38, the Commission may by notice in writing-
(a) prohibit a registered person to whom section 38 applies from-
68
CAP. 24]
Securities and Futures Commission
(1989 Ed.
38. Powers of intervention
(1) Any power conferred on the Commission by section 39, 40 or 41 may be exercised in relation to any registered person if he is a registered person to whom this section applies and if, and only if, it appears to the Commission that-
(a) the exercise of the power is desirable in the interest of the
investing public;
(b) the registered person is not a fit and proper person (having regard, amongst other matters, to the matters specified in section 23(3)) to carry on any one or more of the businesses in respect of which he is registered under the Securities Ordinance (Cap. 333) or the Commodities Trading Ordinance (Cap. 250), as the case may be, to the extent to which he is carrying it on or proposes to carry it on; or
(c) the registered person has contravened or failed to comply with any provision of or requirement under the relevant Ordinances or, in purported compliance with any such provision, has furnished the Commission with information which, in a material particular, is false, inaccurate or misleading.
(2) The powers conferred on the Commission by section 39, 40 or 41 may be exercised in relation to a person whose registration is suspended or revoked under section 55 or 56 of the Securities Ordinance (Cap. 333) or section 35 or 36 of the Commodities Trading Ordinance (Cap. 250) where an appeal is made under section 19 or the time for making such an appeal has not expired, and references in section 39, 40 or 41 to a registered person shall be construed accordingly.
(3) The Commission shall not exercise any power conferred on it by section 39, 40 or 41 with respect to a registered person who 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.
(4) This section applies to any registered person who is a dealer, a partner of a dealing partnership, an investment adviser, a commodity trading adviser or a partner in an investment advisers' partnership; and for the purposes of this subsection "dealer" (), "dealing partnership" (AB17), (交易合夥商行), "investment adviser" (), "commodity trading adviser" (Ħ&£5ØH) and “investment advisers' partnership" (HAB) have the meanings assigned to them respectively by section 27(10).
39. Restriction of business
(1) Subject to section 38, the Commission may by notice in writing-
(a) prohibit a registered person to whom section 38 applies from-
No comments yet.
Private notes are available after approval.