1964_COMMODITIES_TRADING_ORDINANCE — Page 7

CAP. 250]

Commodities Trading

[1989 Ed.

"commodity" includes any item, whether or not capable of being delivered, which is listed or specified, as the case may be, in—

(a) the Schedule to the Commodity Exchanges (Prohibition) Ordinance (Cap. 82); or

(b) Part I of Schedule 1; or

(c) Part II of Schedule 1; (Replaced 61 of 1985 s. 2)

"Commodity Exchange" means the commodity exchange established and operated by the Exchange Company under Part III;

"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 contracts 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;

"commodity trading adviser's representative" 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;

"contract levy" means the levy imposed under section 79A; (Added 61 of 1985 s. 2)

"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 agency of the Crown;

(b) any corporation sole;

(c) any credit union registered under the Credit Unions Ordinance (Cap. 119); or

(d) any corporation registered under the Multi-storey Buildings (Owners Incorporation) Ordinance (Cap. 344);

"dealer" means a person who acts as a dealer within the meaning of section 26 and who is registered as such under this Ordinance;

"dealer's representative" means a person who acts as a dealer's representative within the meaning of section 28 and who is registered as such under this Ordinance;

"defalcation" means a misappropriation of money, commodities or other property;

"default", in relation to the failure of a dealer or shareholder to perform a legal obligation, means a default arising from-

(a) the bankruptcy or winding up, as the case may be, of the dealer or shareholder;