1989 Ed.]
Securities
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(ii) whether as principal or agent, he makes, or offers to make, with that other person an agreement referred to in subsection (1) or induces, or attempts to induce, that other person to enter into such an agreement; or
(b) any other person calling from place to place who belongs to a class of persons prescribed in regulations for the purpose of this subsection. (Replaced 62 of 1976 s. 21)
(3) Nothing in this section applies to securities or any class of securities which have been exempted by the Commission for the purposes of this section provided that any conditions subject to which the exemption was granted have been fulfilled.
(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years.
(5) If in any proceedings for an offence against subsection (4) it is proved that the accused did any of the acts mentioned in subsection (1)(a) or (b) on 2 or more occasions within any period of 14 days, he shall, until the contrary is proved, be deemed to have been calling from place to place.
(6) In this section "to call" includes to visit in person and to communicate by telephone.
75. Issue of contract notes
(1) Every dealer (including an exempt dealer) shall, in respect of every contract for the purchase, sale, or exchange of securities entered into by him in Hong Kong (whether as principal or agent), not later than end of the next trading day after the contract was entered into, make out a contract note which complies with subsection (2) and-
(a) where the contract was entered into as agent, deliver the contract note to the person on whose behalf he entered into the contract; or
(b) where the contract was entered into as principal, retain the contract note for himself.
(2) A contract note made out by a dealer under subsection (1) shall include-
(a) the name or style under which the dealer carries on his business as a dealer and the address of the principal place at which he so carries on business;
(b) where the dealer is acting as principal, a statement that he is so acting;
(c) the name of the person (if any) to whom the dealer is required to give the contract note;
(d) the date of the contract, and the date on which the contract note is made out;
1989 Ed.]
Securities
[CAP. 333
53
(ii) whether as principal or agent, he makes, or offers to make, with that other person an agreement referred to in subsection (1) or induces, or attempts to induce, that other person to enter into such an agreement; or
(b) any other person calling from place to place who belongs to a class of persons prescribed in regulations for the purpose of this
subsection. (Replaced 62 of 1976 s. 21)
(3) Nothing in this section applies to securities or any class of securities which have been exempted by the Commission for the purposes of this section provided that any conditions subject to which the exemption was granted have been fulfilled.
(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years.
(5) If in any proceedings for an offence against subsection (4) it is proved that the accused did any of the acts mentioned in subsection (1)(a) or (b) on 2 or more occasions within any period of 14 days, he shall, until the contrary is proved, be deemed to have been calling from place to place.
(6) In this section "to call" includes to visit in person and to communicate by telephone.
75. Issue of contract notes
(1) Every dealer (including an exempt dealer) shall, in respect of every contract for the purchase, sale, or exchange of securities entered into by him in Hong Kong (whether as principal or agent), not later than end of the next trading day after the contract was entered into, make out a contract note which complies with subsection (2) and-
(a) where the contract was entered into as agent, deliver the contract note to the person on whose behalf he entered into the contract; or (b) where the contract was entered into as principal, retain the
contract note for himself.
(2) A contract note made out by a dealer under subsection (1) shall include
(a) the name or style under which the dealer carries on his business as a dealer and the address of the principal place at which he so carries on business;
(b) where the dealer is acting as principal, a statement that he is so
acting;
(c) the name of the person (if any) to whom the dealer is required to
give the contract note;
(d) the date of the contract, and the date on which the contract note
is made out;
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