Offence of promoka
a. pyranki
pelpa shek.
tablllur ot
alrecon.
partner KC.
Power to award Compensation.
Sacchus of
Alpha mad CRİND
reward is based, whether wholly or in part, otherwise than on the fair market value of goods or services actually sold by him or by or through that other participant:
"reward" includes refund, commission, discount or allowance but does not include payment for sales demonstration equipment and material supplied at not more than their fair market value and not resold
3, Any person who knowingly promotes a pyramid selling scheme commits an offence and is liable on conviction upon indictment to a finc of $100,000 and to imprisonment for 3 years.
4. (1) Where an offence under this Ordinance has been committed by a body corporate or member of « body unincorporate, any person who at be lims of the offeace—
(a) in the case of a body corporate, was a director, Recretary,
principal officer or manager of that body corporate; or
(b) in the case of a member of a body unincorporate, was a partop
or office holder intor a member or manager of that body unincorporate,
T
or who, in either case, was acting or purporting to act in any mich capacity commits a like offence.
(2) Where any person referred to in subsection (1) is charged with an offence under this Ordinance it shall be a defence for him to prove that the offence was committed without bis consent or conoivance and that he exercised such diligence to prevent the commission of the offence as ho ought to have exercised having regard to the cature of his functions and to all other circumstances.
5 (1) Notwithstanding any provision in any other Ordinance, where a person is convicted of an offence under this Ordinance the court may, in addition to passing such sentence as may otherwise be paased by law, order the person so convicted to pay to any person who has suffered financial loss resulting from that offence, soch amount as compensation ? as it thinks reasonable.
(2) An amount ordered as compensation under subsection (1) shall be recoverable as a civil debt by the person in whose favour the order li made.
6. Nothing in this Ordinance shall prejudice the enforcement by any person of any right or claim against may person ceasing to promale k pyramid selling scheme by reason of this Ordinance.
Passed by the Hong Kong Legislative Council this 25th day of June 1980.
Luany
Clerk
the Degislatly! Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a trye and correctly printed copy of the said bill.
No. 26 of 1980
I assent.
Governor.
16 June 1980.
Clerk to the Legislative Council.