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36.04

Where, pursuant to section 74 of the Securities and Futures Ordinance and this Chapter, the Commission exercises powers and functions with respect to applicants for listing or listed issuers in place of the Exchange:

(1) the provisions of rules 38.03, 38.04 and 38.09 to 38.13 of the Main Board Listing Rules shall apply as between the Commission and the Exchange and such applicant or issuer as if any references to HKEC were replaced with references to the relevant applicant or issuer; and
(2) the Commission shall exercise such powers and functions through and within the framework described in rules 38.05 to 38.08 of the Main Board Listing Rules as if:
(a) references to "HKEC" were replaced with references to "the relevant applicant or issuer";
(b) references to "Listing Committee" were replaced with "GEM Listing Committee";
(c) references to "Listing (Review) Committee" were replaced with "GEM Listing (Review) Committee";
(d) [Repealed 1 July 2008]
(e) references to "the Executive Director — Listing" were replaced with "the Executive Director — Listing Division"; and
(f) references to "Chapters 2A and 2B" were replaced with "Chapters 3 and 4".