54
CAP. 333]
Securities
[1989 Ed.
(e) the quantity and description of the securities that are being
acquired or disposed of;
(f) except in the case of an exchange, the price per unit of the
securities;
(g) the amount of consideration payable under the contract or, in the case of an exchange, particulars of the securities exchanged sufficient to identify them;
(h) the rate or amount of commission (if any) payable in respect of
the contract;
(i) the amount of stamp duty (if any) payable in connection with the
contract and, where applicable, in respect of the transfer;
(j) the date of settlement.
(3) Any dealer (including an exempt dealer) who completes a contract for the purchase, sale, or exchange of securities without having complied with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.
76. Dealers not to engage in option or forward trading
(1) Except as provided in regulations, a dealer (including an exempt dealer) shall not transact in Hong Kong, or hold himself out as being prepared to transact in Hong Kong-
(a) any dealing whereby the dealer confers on any person an option to purchase from or sell to the dealer any securities listed on the Unified Exchange; or (Amended 58 of 1985 s. 54)
(b) any dealing in any such securities which is completed later than
the end of the next trading day after the dealing was entered into.
(2) Any dealer who contravenes subsection (1) shall, subject to subsection (3), be guilty of an offence and shall be liable on conviction to a fine of $5,000.
(3) It shall be a defence to any criminal proceedings brought under subsection (2) in respect of a dealing mentioned in paragraph (b) of subsection (1) for the accused to prove that he took all reasonable and practicable steps to secure completion of the transaction within the period permitted by that paragraph.
(4) A contract entered into in contravention of subsection (1) shall not be enforceable by either the dealer or the other contracting party.
77. Dealers to provide certain information, etc. to client
(1) Subject to subsection (2), every dealer (including an exempt dealer) shall, on being requested to do so by any person on whose behalf he has transacted a dealing in securities-
(a) provide that person with a copy of the contract note relating to
the dealing, and a copy of his account with the dealer; and
Page 55
Page 56
54
CAP. 333]
Securities
[1989 Ed.
(e) the quantity and description of the securities that are being
acquired or disposed of;
(f) except in the case of an exchange, the price per unit of the
securities;
(g) the amount of consideration payable under the contract or, in the case of an exchange, particulars of the securities exchanged sufficient to identify them;
(h) the rate or amount of commission (if any) payable in respect of
the contract;
(i) the amount of stamp duty (if any) payable in connection with the
contract and, where applicable, in respect of the transfer;
(j) the date of settlement.
(3) Any dealer (including an exempt dealer) who completes a contract for the purchase, sale, or exchange of securities without having complied with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.
76. Dealers not to engage in option or forward trading
(1) Except as provided in regulations, a dealer (including an exempt dealer) shall not transact in Hong Kong, or hold himself out as being prepared to transact in Hong Kong-
(a) any dealing whereby the dealer confers on any person an option to purchase from or sell to the dealer any securities listed on the Unified Exchange; or (Amended 58 of 1985 s. 54)
(b) any dealing in any such securities which is completed later than
the end of the next trading day after the dealing was entered into. (2) Any dealer who contravenes subsection (1) shall, subject to subsec- tion (3), be guilty of an offence and shall be liable on conviction to a fine of $5,000.
(3) It shall be a defence to any criminal proceedings brought under subsection (2) in respect of a dealing mentioned in paragraph (b) of subsec- tion (1) for the accused to prove that he took all reasonable and practicable steps to secure completion of the transaction within the period permitted by that paragraph.
(4) A contract entered into in contravention of subsection (1) shall not be enforceable by either the dealer or the other contracting party.
77. Dealers to provide certain information, etc. to client
(1) Subject to subsection (2), every dealer (including an exempt dealer) shall, on being requested to do so by any person on whose behalf he has transacted a dealing in securities-
(a) provide that person with a copy of the contract note relating to
the dealing, and a copy of his account with the dealer; and
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