1964_SECURITIES_AND_FUTURES_COMMISSION_ORDINANCE — Page 102

102

CAP. 24]

Securities and Futures Commission

[1989 Ed.

(ii) sent by post to him at any such address; (b) in the case of-

(i) a company, it is delivered to an officer of the company or, where it cannot so be conveniently delivered, it is left at, or sent by post to, the company's registered office;

(ii) an oversea company within the meaning of the Companies Ordinance (Cap. 32), it is left with, or sent by post to, the person resident in Hong Kong who is authorized to accept service of process and notices on its behalf for the purposes of Part XI of that Ordinance;

(c) in the case of a partnership, it is delivered to any partner or where it cannot be conveniently delivered, it is left at, or sent by post to, the address at which the partnership carries on business;

(d) in the case of a body corporate other than a company or an unincorporated body of persons other than a partnership, it is delivered to an officer of the body, or where it cannot be conveniently delivered, it is left at, or sent by post to, the address at which the body carries on business.

(2) For the purposes of subsection (1), every other body corporate other than a company and every unincorporated body of persons not being a partnership shall be deemed to carry on business at its principal office or place of business.

61. Penalties for offences

Any person who commits an offence under section 21(10), 30(6) or (7), 31(3), 33(12), 36(6), 37, 51(8) or 59(7) is liable-

(a) on conviction upon indictment to a fine of $1,000,000 and, in the case of an individual, to imprisonment for 2 years;

(b) on summary conviction to a fine of $100,000 and, in the case of an individual, to imprisonment for 6 months.

62. Prosecution of certain offences by Commission

(1) Any offence under any of the relevant Ordinances may be prosecuted by the Commission in its own name but, where under this subsection the Commission prosecutes an offence, the offence shall be tried before a magistrate as an offence which is triable summarily.

(2) For the purposes of the prosecution of an offence mentioned in subsection (1) and only for those purposes, an employee of the Commission who apart from this subsection is not qualified to act as a barrister or solicitor may appear and plead before a magistrate any case of which he has charge and shall, in relation to the prosecution, have all the other rights of a person