Interpreta- lion.
(Cap. 30.1
(CAD 141
1
2. (1) In this Ordinance, unless the context otherwise requires-
"auditor" means a professional accountant registered and holding a practising certificate under the Professional Accountants Ordinance;
"banker's books" means--
(a) books of a banker;
(b) cheques, orders for the payment of money, bills of exchange, and promissory notes in the possession of or under the control of a banker; and
(c) securities in the possession or under the control of a
banker, whether by way of pledge or otherwise; "books" includes accounts and deeds;
"business", in relation to a dealer, means the business of dealing
in securities;
"certificate of registration" means a certificate of registration
issued under Part VI:
“Commission" means the Securities Commission established under
Part II;
"Commissioner" means the Commissioner for Securities appointed
under section 6:
"comittee”, in relation to a stock exchange or a company seeking approval as a stock exchange, means the management com. mittee, executive committee, or board of directors, by what- ever name it may be known, which is responsible for the day to day administration of the exchange or company, as the case may be:
"company" means a company as defined in section 2 of the Companies Ordinance, a company to which Part XI of that Ordinance applies, and any body corporate incorporated in Hong Kong having a share capital;
"constitution", in relation to a company, means the memorandum and articles of association of the company or other instru- ment providing the constitution of the company;
“corporate member" means a company which carries on a business of dealing in securities and is a member of a stock exchange; "corporation" means any company or other body corporate formed or ingporated either in Hong Kong or elsewhere; but does not include-
(a) any body corporate that is incorporated in Hong Kong and is a public authority or an organ or agency of the Crown:
(b) any corporation sole:
(c) any credit union registered under the Credit Unions (Car. 119)
Ordinance;
(c) any corporation registered under the Multi-storey Build. (Cap. 344.)
ings (Owners Incorporation) Ordinance:
(e) any corporation which has been exempted by regulations from the provisions of this Ordinance that affect corpora- tions, or any corporation that belongs to a class of cor- porations that has been so exempted;
"Council" means the Council of the Federation constituted under
Part IV;
"Court" means the Supreme Court;
"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; but does not include-
(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 dealeri
"dealer's representative" means—
(a) a person in the direct 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; and (b) where the dealer is a corporation, any officer or member of the corporation who is not a registered dealer and who performs for the corporation any of those functions (whether his remuneration is by way of salary, wages. commission, or otherwise);
"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