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3.11

If the GEM Listing Committee finds there has been a breach of the GEM Listing Rules by any of the parties named in rule 3.10, it may:—
 
(1)    issue a private reprimand;
 
(2)    issue a public statement involving criticism;
 
(3)    issue a public censure;
 
(4)    state publicly that in the Exchange's opinion the occupying of the position of director or senior management of a named listed issuer or any of its subsidiaries by an individual may cause prejudice to the interests of investors;
 
(5)    in the case of serious or repeated failure by a director to discharge his responsibilities under the GEM Listing Rules, state publicly that in the Exchange’s opinion the director is unsuitable to occupy a position as director or within senior management of a named listed issuer or any of its subsidiaries;
 
(6)    deny the facilities of the market to a listed issuer for a specified period and/or until fulfilment of specified conditions and prohibit dealers and financial advisers from acting or continuing to act for that issuer;
 
(7)    suspend trading in the listed issuer’s securities or any class of its securities;
 
(8)    cancel the listing of the listed issuer’s securities or any class of its securities;
 
(9)    ban a professional adviser or a named individual employed by a professional adviser from representing any or a specified party in relation to a stipulated matter or matters coming before the Listing Division or the GEM Listing Committee for a stated period;
 
(10)    recommend reporting the conduct of the party in breach to the Commission or another regulatory authority, whether in Hong Kong or overseas (for example, the Financial Secretary or any professional body);
 
(11)    order rectification or other remedial action to be taken within a stipulated period; and
 
(12)    take, or refrain from taking, such other action as it thinks fit, including making public any action taken.
 
Notes:   
 
(1)    Any reference to the GEM Listing Committee in rules 3.11, 3.11A and 3.11B includes both the GEM Listing Committee and the GEM Listing Review Committee.
 
(2)    Where the GEM Listing Committee or the GEM Listing Review Committee (as the case may be, after the decision has become final), issues:
 
(i)    a public sanction under rule 3.11, such sanction will be published with reasons; or
 
(ii)    a private reprimand, the substance of such sanction may be published with reasons without disclosing the identities of the parties involved.
 
(3)    In exercising its powers of sanction the Exchange will recognise the differing roles and levels of responsibility of the persons against whom sanctions may lie under rule 3.10.
 
(4)    For the purposes of this rule and rule 3.11A(2) below, denying "facilities of the market" is not intended to mean cancellation of listing. It is meant to include withholding approval of any matters that require approval from the Exchange, including the issuance of shares.