CAP. 335]
Protection of Investors
[1989 Ed.
pursuant to or for the purpose of any investment arrangements in
respect of any such property.
(4) Subject to the provisions of this section, any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction on indictment to a fine of $500,000 and to imprisonment for 3 years.
(5) A person shall not be taken to contravene this section by reason only that he-
(a) issues, or has in his possession for the purposes of issue, to purchasers copies of any newspaper, journal, magazine, or other periodical publication of general and regular circulation, which contain an invitation to which this section relates; or
(b) issues advertisements which are or contain, or issues or has in his possession for the purposes of issue documents which contain, invitations to which this section relates to persons who are dealers or investment advisers registered under the Securities Ordinance (Cap. 333) or who are exempted from registration under that Ordinance.
(6) For the purposes of any proceedings under this section, an advertisement, invitation, or document which is or contains an advertisement or invitation to enter into or offer to enter into any agreement referred to in section 3(1) with a person specified in the advertisement, invitation, or document shall, subject to subsection (5), be presumed, unless he proves to the contrary, to have been issued by him.
(6A) For the purposes of subsection (2)(fb), the following conditions are specified-
(a) the amount or denomination of the certificate of deposit is not
less than the sum specified in Part I of the Schedule;
(b) in the case of an overseas bank, the Commissioner of Banking has declared in writing that he is satisfied that bank is likely to be adequately supervised by the relevant authority of the place in which it is incorporated or has its principal place of business. (Added 44 of 1989 s. 3)
(6B) For the purposes of subsection (2)(fc), the following conditions are specified-
(a) the amount or denomination of the instrument is not less than
the sum specified in Part I of the Schedule;
(b) where the issue of the instrument is made by a corporation having a share capital, the paid-up share capital of that corporation is not less than the sum specified in Part V;
(c) where the issue of the instrument is made by a corporation having a share capital and that corporation is a subsidiary of another corporation ("parent corporation") having a share capital-
8
CAP. 335]
Protection of Investors
[1989 Ed.
pursuant to or for the purpose of any investment arrangements in
respect of any such property.
(4) Subject to the provisions of this section, any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction on indictment to a fine of $500,000 and to imprisonment for 3 years.
(5) A person shall not be taken to contravene this section by reason only that he-
(a) issues, or has in his possession for the purposes of issue, to purchasers copies of any newspaper, journal, magazine, or other periodical publication of general and regular circulation, which contain an invitation to which this section relates; or
(b) issues advertisements which are or contain, or issues or has in his possession for the purposes of issue documents which contain, invitations to which this section relates to persons who are dealers or investment advisers registered under the Securities Ordinance (Cap. 333) or who are exempted from registration under that Ordinance.
(6) For the purposes of any proceedings under this section, an advertisement, invitation, or document which is or contains an advertisement or invitation to enter into or offer to enter into any agreement referred to in section 3(1) with a person specified in the advertisement, invitation, or document shall, subject to subsection (5), be presumed, unless he proves to the contrary, to have been issued by him.
(6A) For the purposes of subsection (2)(fb), the following conditions are specified-
(a) the amount or denomination of the certificate of deposit is not
less than the sum specified in Part I of the Schedule;
(b) in the case of an overseas bank, the Commissioner of Banking has declared in writing that he is satisfied that bank is likely to be adequately supervised by the relevant authority of the place in which it is incorporated or has its principal place of business. (Added 44 of 1989 s. 3)
(6B) For the purposes of subsection (2)(fc), the following conditions are specified-
(a) the amount or denomination of the instrument is not less than
the sum specified in Part I of the Schedule;
(b) where the issue of the instrument is made by a corporation having a share capital, the paid-up share capital of that corporation is not less than the sum specified in Part V;
(c) where the issue of the instrument is made by a corporation having a share capital and that corporation is a subsidiary of another corporation ("parent corporation") having a share capital-
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