1964_SECURITIES_ORDINANCE — Page 103

HK Historical Laws 香港歷史法例 All AI Reviewed

102

CAP. 333]

Securities

[1989 Ed.

(d) enabling the Commission to correct any errors in any register kept under this Ordinance; (Amended 10 of 1989 s. 65)

(e) enabling the Commission, on payment of the fee (if any) prescribed under the regulations, to issue duplicate certificates of registration in the event of loss or destruction of the original certificate or any duplicate certificate; (Amended 10 of 1989 s. 65)

(f) prescribing forms for the purposes of this Ordinance;

(g) prescribing the manner in which applications are to be made for registration under Part VI;

(h) prescribing anything which is to be or may be prescribed by rules under this section.

(2) Rules made under this section may be of general or special application.

(Added 58 of 1985 s. 29)

147. Liability of directors, etc.

(1) Where an offence under this Ordinance committed by a corporation is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the corporation, or any person who was purporting to act in any such capacity, he, as well as the corporation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Subject to subsection (3), for the purposes of this section, a person is deemed to be a director of a corporation if he occupies the position of a director by whatever name he may be called or is a person in accordance with whose directions or instructions the directors of the corporation or any of them act.

(3) A person shall not, by reason only that the directors of a corporation act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.

(4) Where an offence committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of the partnership, that other partner shall be guilty of the offence and liable to be proceeded against and punished accordingly. (Added 58 of 1985 s. 30)

148. Commission may prosecute certain offences against this Ordinance

Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Attorney General in relation to the prosecution of such offences, the

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102 CAP. 333] Securities [1989 Ed. (d) enabling the Commission to correct any errors in any register kept under this Ordinance; (Amended 10 of 1989 s. 65) (e) enabling the Commission, on payment of the fee (if any) prescribed under the regulations, to issue duplicate certificates of registration in the event of loss or destruction of the original certificate or any duplicate certificate; (Amended 10 of 1989 s. 65) (f) prescribing forms for the purposes of this Ordinance; (g) prescribing the manner in which applications are to be made for registration under Part VI; (h) prescribing anything which is to be or may be prescribed by rules under this section. (2) Rules made under this section may be of general or special application. (Added 58 of 1985 s. 29) 147. Liability of directors, etc. (1) Where an offence under this Ordinance committed by a corporation is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the corporation, or any person who was purporting to act in any such capacity, he, as well as the corporation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Subject to subsection (3), for the purposes of this section, a person is deemed to be a director of a corporation if he occupies the position of a director by whatever name he may be called or is a person in accordance with whose directions or instructions the directors of the corporation or any of them act. (3) A person shall not, by reason only that the directors of a corporation act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act. (4) Where an offence committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of the partnership, that other partner shall be guilty of the offence and liable to be proceeded against and punished accordingly. (Added 58 of 1985 s. 30) 148. Commission may prosecute certain offences against this Ordinance Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Attorney General in relation to the prosecution of such offences, the
Baseline (Original)
102 CAP. 333] Securities [1989 Ed. (d) enabling the Commission to correct any errors in any register kept under this Ordinance; (Amended 10 of 1989 s. 65) (e) enabling the Commission, on payment of the fee (if any) prescribed under the regulations, to issue duplicate certificates of registration in the event of loss or destruction of the original certificate or any duplicate certificate; (Amended 10 of 1989 s. 65) (f) prescribing forms for the purposes of this Ordinance; (g) prescribing the manner in which applications are to be made for registration under Part VI; (h) prescribing anything which is to be or may be prescribed by rules under this section. (2) Rules made under this section may be of general or special application. (Added 58 of 1985 s. 29) 147. Liability of directors, etc. (1) Where an offence under this Ordinance committed by a corporation is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the corporation, or any person who was purporting to act in any such capacity, he, as well as the corporation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Subject to subsection (3), for the purposes of this section, a person is deemed to be a director of a corporation if he occupies the position of a director by whatever name he may be called or is a person in accordance with whose directions or instructions the directors of the corporation or any of them act. (3) A person shall not, by reason only that the directors of a corporation act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act. (4) Where an offence committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of the partnership, that other partner shall be guilty of the offence and liable to be proceeded against and punished accordingly. (Added 58 of 1985 s. 30) 148. Commission may prosecute certain offences against this Ordinance Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Attorney General in relation to the prosecution of such offences, the
2026-05-05 12:24:21 · Baseline
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102

CAP. 333]

Securities

[1989 Ed.

(d) enabling the Commission to correct any errors in any register

kept under this Ordinance; (Amended 10 of 1989 s. 65)

(e) enabling the Commission, on payment of the fee (if any) prescribed under the regulations, to issue duplicate certificates of registration in the event of loss or destruction of the original certificate or any duplicate certificate; (Amended 10 of 1989 s. 65)

(f) prescribing forms for the purposes of this Ordinance;

(g) prescribing the manner in which applications are to be made for

registration under Part VI;

(h) prescribing anything which is to be or may be prescribed by rules

under this section.

(2) Rules made under this section may be of general or special application.

(Added 58 of 1985 s. 29)

147. Liability of directors, etc.

(1) Where an offence under this Ordinance committed by a corporation is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the corporation, or any person who was purporting to act in any such capacity, he, as well as the corporation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Subject to subsection (3), for the purposes of this section, a person is deemed to be a director of a corporation if he occupies the position of a director by whatever name he may be called or is a person in accordance with whose directions or instructions the directors of the corporation or any of them act.

(3) A person shall not, by reason only that the directors of a corporation act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.

(4) Where an offence committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of the partnership, that other partner shall be guilty of the offence and liable to be proceeded against and punished accordingly. (Added 58 of 1985 s. 30)

148. Commission may prosecute certain

offences against this Ordinance

Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Attorney General in relation to the prosecution of such offences, the

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