1976-HKRS28-16-24_Part03 — Page 67

Authenticated Laws 確真本香港法例 All

Dealer's

Deprese Lazear

14 be reclareced.

Comodity

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No be rexintered.

Regitration

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12

concerning the purchase or sale of futures contracts, or 10 issue or circulate analyses or reports concerning the purchase and sale of futures contracts. In this subsection "publication" means a bolta fide newspaper, magazine, journal or other periodical publication.

(4) Any person who knowingly contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $20,000 and, in the case of a continuing offence, to a further fine of $200 for each day during which the offence continues,

28. (1) No person shall perform for a dealer any of the functiona of a dealer within the meaning of section 26 (other than work ordinarily performed by an accountant, clerk or cashier) for remuneration by way of salary, commission or otherwise-

(a) in the case of a person (not being a dealer) who is an employee of, or acts for or by arrangement with, a dealer who is an individual;

(b) in the case of a person (not being a dealer) who is an employee

of a corporation that is a dealer; or

(c) in the case of a person (not being a dealer) who is an employee

of a firm that is a dealer,

unless such person is registered as a dealer's representative under this Ordinance.

(2) Any person who knowingly contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and, in the case of a continuing offence, to a further fine of $100 for each day during which the offence continues,

29. (1) No person shall perform for a commodity trading adviser any of the functions of a commodity trading adviser within the meaning of section 27 (other than work ordinarily performed by an accountant, clerk or cashier) for remuneration by way of salary, commission or other wise...

(a) in the case of a person (not being a commodity trading adviser) who is an employee of, or acts for or by arrangement with, a commodity trading adviser who is an individual;

(8) in the case of a person (not being a commodity trading adviser) who is a director or employee of a corporation that is 9 cóm- modity trading adviser; of

(c) in the case of a person (not being a commodity trading adviser) who is a partner or employee of a firm that is a commodity trading adviser,

unless such person is registered as a commodity trading adviser's represen- tative under this Ordinance.

(2) Any person who knowingly contravenes subsecting (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and, in the case of a continuing offence, to a further One of $100 for each day during which the offence continues.

30. (1) Subject to sections 31 and 32, the Commissioner shall, on application made to him by any person in the prescribed manner and on payment of the prescribed fee, register that person as-

(2) a dealer;

(b) a commodity trading adviser;

(c) a dealer's representative; or

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(d) a commodity trading adviser's representative,

as the case may be.

(2) The Commissioner shall issue to a person registered under sub- section (1) an appropriate certificate of registrazion which shali-

(a) be valid for a period of 12 months beginning with the day on

which it is issued; and

(6) be subject to such conditions as the Commissioner thinks fit

(3) A certificate of registration issued to a dealer or commodity trading adviser shall specify the name of the person thereby authorized to carry on a business” as à dealer or commodity trading adviser, as the case may be.

(4) The issue of a certificate of registration to a person shall not authorize such person to carry on that business under any name other than that specified in the certificate.

(3) Notwithstanding subsection (4), if the Commissioner thinks fit, a certificate of registration to which that subsection relates may, at the request of the applicant for registration, authorize the applicant to carry on business as â" dealer or commodity trading adviser, either alone or jolally with any other person who is a registered dealer or registered commodity trading adviser, as the case may be, under such nams or style as the applicant may specify.

31. (1) Subject to subsection (2), the Commissioner shall refuse to Depciu register an applicant as a dealer under section 30, unless-

po pe pajj by DELETE.

(0) in the case of an applicant (not being an applicant specified in

paragraph (b)) who is an individual-→

(ho is a shareholder of the Exchange Company or member of any oxchange specified in the Second Schedule; ând

G) he has paid to the Commissioner a deposit of $100,000 in cash:

Second Schedule.

(6) in the case of an applicant who is a director or employes of a corporation, or a partner or a employee of a Brm, and who h accredited to the corporation or firm, as the case may be, as a dealor-

( the corporation or firm is a shareholder of the Exchange Company or member of any exchange specified in the Second Schedule, or the corporation is wholly owned by such a mem- ber; and

(ii) the corporation or firm has paid to the Commissioner a deposit of $100,000 in cash on the registration of the corporation. or firm as a dealer:

(c) in the case of an applicant that is a corporation or fio-

O the corporation or firm is a shareholder of the Exchange Company or member of any exchange specified in the Second Schedule, or the corporation is wholly owned by such a mem- ber: and

(i) the corporation or firm has paid to the Commissioner a deposit of $100,000 in cash.

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