1989 Ed.]
Commodities Trading
CAP. 250
29
(i) a copy of each futures contract made out by him as agent of a client; and
(ii) each futures contract received by him or made out to himself as principal.
(5) Records required to be kept by a dealer by this section may be kept either by making entries in a bound book or by recording or storing the relevant matters in any other manner, and anything so entered, recorded or stored shall be deemed to have been effected by, or with the authority of, the dealer.
(6) Where a record required to be kept by this section is not kept by making entries in a bound book but by some other means, the dealer shall take reasonable precautions for guarding against falsification and for facilitating discovery of any falsification.
(7) Notwithstanding any other provision of this section, a dealer shall not be deemed to have failed to keep a record in accordance with this section by reason only that the record is kept as a part of, or in conjunction with, the records relating to any business, other than the business of trading in commodity futures contracts, that is carried on by him.
(8) Any dealer who, without reasonable excuse, contravenes this section shall be guilty of an offence and shall be liable on conviction upon indictment to a fine of $10,000 and to imprisonment for 6 months.
(9) If, in any records kept in accordance with this section, a person wilfully—
(a) enters, records or stores, or causes to be entered, recorded or stored, in any manner whatsoever any matter that he knows to be false or misleading in a material particular;
(b) destroys, removes or falsifies, or causes to be destroyed, removed or falsified, any matter that is entered, recorded or stored; or (c) fails to enter, record or store any matter with intent to falsify the records or any part of the records intended to be compiled from that matter,
he shall be guilty of an offence and shall be liable on conviction upon indictment to a fine of $500,000 and to imprisonment for 5 years. (Amended 35 of 1982 s. 4)
45A. Issue of contract notes
(1) A dealer shall, in respect of every contract for the purchase, sale or exchange of a futures contract entered into by him in Hong Kong whether as principal or agent, make out a contract note which complies with subsection (2) not later than the end of the next trading day after the date of execution, and-
(a) where the transaction was entered into as agent, deliver the contract note to the client not later than 5 days after such date;
Page 30
1989 Ed.]
Commodities Trading
ĮCAP. 250
29
t
(i) a copy of each futures contract made out by him as agent of
a client; and
(ii) each futures contract received by him or made out to himself
as principal.
(5) Records required to be kept by a dealer by this section may be kept either by making entries in a bound book or by recording or storing the relevant matters in any other manner, and anything so entered, recorded or stored shall be deemed to have been effected by, or with the authority of, the dealer.
(6) Where a record required to be kept by this section is not kept by making entries in a bound book but by some other means, the dealer shall take reasonable precautions for guarding against falsification and for facilitating discovery of any falsification.
(7) Notwithstanding any other provision of this section, a dealer shall not be deemed to have failed to keep a record in accordance with this section by reason only that the record is kept as a part of, or in conjunction with, the records relating to any business, other than the business of trading in commodity futures contracts, that is carried on by him.
(8) Any dealer who, without reasonable excuse, contravenes this section shall be guilty of an offence and shall be liable on conviction upon indictment to a fine of $10,000 and to imprisonment for 6 months.
(9) If, in any records kept in accordance with this section, a person wilfully--
(a) enters, records or stores, or causes to be entered, recorded or stored, in any manner whatsoever any matter that he knows to be false or misleading in a material particular;
(b) destroys, removes or falsifies, or causes to be destroyed, removed or falsified, any matter that is entered, recorded or stored; or (c) fails to enter, record or store any matter with intent to falsify the records or any part of the records intended to be compiled from that matter,
he shall be guilty of an offence and shall be liable on conviction upon indictment to a fine of $500,000 and to imprisonment for 5 years. (Amended 35 of 1982 s. 4)
45A. Issue of contract notes
(1) A dealer shall, in respect of every contract for the purchase, sale or exchange of a futures contract entered into by him in Hong Kong whether as principal or agent, make out a contract note which complies with subsection (2) not later than the end of the next trading day after the date of execution, and-
(a) where the transaction was entered into as agent, deliver the
contract note to the client not later than 5 days after such date;
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