(Cap. 119.)
(Qxp. 344)
3
"Commodity Exchange" means the commodity exchange established and
operated by the Exchange Company under Part 101; "commodity market" means a place provided and maintained by the Exchange Company for the trading in commodities generally or in particular commodities, whether under futures contraçla or otherwise; "commodity trading adviser" means a person who acts as a commodity trading adviser within the meaning of section 27 and who is registered as such under this Ordinance;
"commodily trading adviser's representalive" means a person who acts as a commodity trading adviser's representative within the meaning of section 29 and who is registered as such under this Ordinance; "compensation fund" means the compensation fund established under
Part VIII;
"constitution", in relation to a company, means the memorandum and articles of association of the company or other instrument providing the constitution of the company;
"corporation" means any company or other body corporate formed or incorporated 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 ågency of the Crown;
(6) any corporation sole;
(c) any credit union registered under the Credit Unions Ordinance; or (d) any corporation registered under the Multi-storey Buildings
(Owners Incorporation) Ordinance;
"dealer" means a person who acts as a dealer within the meaning of section
36 and who is registered as such under this Ordinance;
"dealer's representative" means a person who acts as a dealer's representa- tive within the meaning of section 28 and who is registered as such under this Ordinance;
"defalcation" meang a misappropriation of mousy, commodities or other
property:
"default", in relation to the failure of a dealer or shareholder to performs
a legal obligation, means a default arising from-
(a) the bankruptcy or winding up, as the case may be, of the dealer
or shareholder:
(b) any breach of trust, defalcation, fraud or misfeasance committed by the dealer or shareholder or by any director, pariper or employee, as the case may be, of the dealer or shareholder in respect of any money, futures contract or other property of a person who is a client of the dealer or shareholder, "director" includes any person occupying the position of director by
whatever name called;
"Disciplinary Committee" means a Disciplinary Committee of the Com- mission appointed under section 66, and "the Disciplinary Committee” means the Disciplinary Committee concerned with the matter or thing in question;
"Exchange Company" means the company licensed under section 131) to
establish and operate the Commodity Exchange;
"financial year", in relation to any person, fund or account, means a period not longer than 12 consecutive months which is adopted by or in respect of that person, fund or account as the financial year for accounting purposes;
"firm" means an unincorporate body of 2 or more persons-
(a) who have entered into partnership with one another within the
meaning of section 2 of the Partnership Ordinance; or
(Cup. 38.)
(6) who have formed a limited partnership under the Limited Partner- (Cup 12)
ships Ordinance and registered it as such under that Ordinance, and a reference to a partnership shall be construed as a reference to soch a partnership or limited partnership; "futures contract" means--
(e) a contract executed on any commodity exchange to buy or sell
& commodity for future delivery; or
(4) an option on a furares contract;
"Guarantee Corporation" means the corporation established by the Exchange Company pursuant to section 13 to provide guarantee of fulfilment of all futures contracts registered by the Clearing House on the commodity exchange.
"legal obligation" includes an obligation arising under a contract, quasi-
contract or trust (including a constructive trust).
"licensed bank” means a book licensed under the Banking Ordinance to
carry on banking business in Hong Kong: "management committee" means the management committee of the
Exchange Company referred to in section 15;
"market committee”, in relation to a commodity market, means the body of persons authorized by the Exchange Company to operate that com- modity market;
"registered person” means a person who is registered under this Ordinance as u dealer, dealer's representative, commodity trading adviser or com- modity trading adviser's representative, as the case may be; "representative" means a dealer's representative or commodity trading
adviser's representative, as the case may be;
"rules of the commodity market" means the rules governing the conduct of the commodity market concerned or persons who trade in com- modity futures contracts in the commodity or commodities concerned, by whatever name such rules may be called and wherever contained; "rates of the Exchange Company" means the rules governing the conduct of the Exchange Company or its shareholders, bỹ whatever name such rules may be called and wherever contained;
"segregated account" means & segregated account kept under section 46; "shareholder" means any person (whether an individual, corporation or
firm) who holds a share of the Exchange Company and is a dealer; "specified commodity” means any goods spécified in the First Schedule, "trading in commodity futures contracts", in relation to any person (whether acting as principal or agent), means making or offering to make an agreement with any other person in Hong Kong, or inducing or at- tempting to induce any other person in Hong Kong to enter into or offer to enter into any agreement for the purchase or sale of a com- modity under a futures contract,
(2) For the purposes of this Ordinance, a director or employee of a corporation, or a partner or employes of a firm, shall be deemed to be accredited to the corporation or firm, as the case may be, if he is, in his capacity as such director, partner or employee, duly authorized by the corporation or firm to act for or on behalf of that corporation or firm for the purpose of trading in commodity futures contracts, or as a dealer or commodity trading adviser, as the case may be,
DCME, 1513
First Schedule.