Hong Kong Ordinances

SECURITIES AND FUTURES ORDINANCE - SECT 72

Withdrawal of recognition of exchange controller

(1) Subject to subsection (2), where the Commission is satisfied that it is
appropriate to do so-

   (a)  in the interest of the investing public or in the public interest; or

   (b)  for the proper regulation of markets in securities or futures
        contracts, it may, with the consent in writing of the Financial
        Secretary, by notice in writing served on a recognized exchange
        controller stating the reasons in support of the ground or grounds for
        the notice-

        (i)    withdraw the company's recognition as an exchange controller
               with effect from a date specified in the notice for the
               purpose; or

        (ii)   direct the company to take such steps as are specified in the
               notice- (A) for the purpose of causing the company to cease to
               be such controller; and (B) within such period as is specified
               in the notice for the purpose.

(2) The Commission shall not exercise its power under subsection

(1) in relation to a recognized exchange controller unless it has given the
controller a reasonable opportunity of being heard.

(3) Without limiting the generality of steps referred to in subsection (1)(ii)
which may be specified in a notice under that subsection to be served on a
company referred to in that subsection, such steps may consist in whole or in
part of steps proposed in writing to the Commission by that company.

(4) The steps specified in a notice under subsection (1)(ii) may be framed so
as to afford the company on which the notice is served a choice between
different ways of ceasing to be a controller of the recognized exchange
company or recognized clearing house concerned.

(5) Where the Commission withdraws a company's recognition as an exchange
controller under subsection (1)(i), it shall cause notice of that fact to be
published in the Gazette.

(6) A notice served under subsection (1) shall not take effect-

   (a)  subject to paragraph (b), until the expiration of the period within
        which an appeal against the notice may be made under section 73; or

   (b)  if an appeal against the notice is made under section 73, until the
        appeal is withdrawn, abandoned or determined.

(7) Subject to subsection (8), a company served with a notice under subsection
(1) which fails to comply with the notice commits an offence and is liable-

   (a)  on conviction on indictment to a fine of $1000000 and to imprisonment
        for 2 years; or

   (b)  on summary conviction to a fine at level 6 and to imprisonment for 6
        months.

(8) It is a defence for a person charged with an offence under subsection (7)
to prove that the person exercised reasonable diligence to comply with the
notice concerned under subsection (1) served on the person.

(9) Where a company served with a notice under subsection (1) fails to comply
with the notice (and whether or not the company is charged with an offence
under subsection (7) in relation to the failure), the provisions of Part 6 of
Schedule 3 shall immediately apply.