1989 Ed.]
Securities
[CAP. 333
9
"dealer", subject to section 82(1), means a person who carries on a business of dealing in securities, whether he carries on any other business or not, and, in the case of a corporation which is a dealer, includes any director of the corporation who actively participates in, or is in any way directly responsible for the supervision of, the corporation's business of dealing in securities; but does not include (Amended 62 of 1976 s. 2)
(a) a solicitor or professional accountant whose carrying on business as a dealer is wholly incidental to the practice of his profession;
(b) except where specifically provided in this Ordinance, an exempt dealer;
(c) a person who carries on a business of dealing in securities only through a registered or exempt dealer;
"dealer's representative" means a person in the employment of, or acting for or by arrangement with, a dealer, not being an exempt dealer who performs for that dealer any of the functions of a dealer (other than work ordinarily performed by an accountant, clerk, or cashier) whether his remuneration is by way of salary, wages, commission, or otherwise, but, in the case of a corporation which is a dealer, does not include a director of the corporation; (Replaced 62 of 1976 s. 2)
"dealing director" means a director of a corporation who, either alone or with others, actively participates in, or is directly responsible for the supervision of, the corporation's business of dealing in securities; (Added 58 of 1985 s. 2)
"dealing in securities”, in relation to any person (whether acting as principal or agent), subject to section 3, means making or offering to make an agreement with any other person, or inducing or attempting to induce any other person to enter into or offer to enter into any agreement-
(a) for or with a view to acquiring, disposing of, subscribing for or underwriting securities;
(b) the purpose or pretended purpose of which is to secure a profit to any of the parties from the yield of securities or by reference to fluctuations in the value of securities; (Amended 62 of 1976 s. 2)
"dealing partnership" means a partnership which carries on the business of dealing in securities; (Added 58 of 1985 s. 2)
"defalcation" means a misapplication of money, securities, or other property;
"director" has the same meaning as in section 2 of the Companies Ordinance (Cap. 32); (Added 62 of 1976 s. 2)
"document" includes any register, books, record, tape recording, any form of computer input or output, and any other document or similar material (whether produced mechanically, electrically, or manually, or by any other means whatsoever);
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