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<![CDATA[Historical Laws of Hong Kong Online]]> https://oelawhk.lib.hku.hk/items/browse/page/13?output=rss2 Sun, 13 Jul 2025 06:11:51 +0800 webadmin@lib.hku.hk (Historical Laws of Hong Kong Online) Zend_Feed http://blogs.law.harvard.edu/tech/rss <![CDATA[GOVERNMENT LOTTERIES RULES]]> https://oelawhk.lib.hku.hk/items/show/3267

Title

GOVERNMENT LOTTERIES RULES

Description






VERNMENT LOTIrERIES RULES

(Cap. 334, section 9)

[31st March, 1962.]

es may be cited as the Government Lotteries Rules.

2. Whenever the Committee considers it expedient to conduct a
lottery, the Chairman shall cause to be published in the Gazette and, in
his discretion, in such other manner as he may think fit, a notice
declaring

(a)the date and time when and the place at which the draw of the
lottery shall take place;

(b)the price at which the tickets shall be sold, and the places at
which such tickets may be obtained;

(c)the number and value of the prizes apportioned to the lottery
expressed either in percentages of the total value of such
tickets as may be sold or by way of fixed values in relation to a
fixed number of tickets issued for sale, as the case may be;

(d)the date and manner in which the numbers of the winning
tickets shall be published after the draw of the lottery;

(e)the place where and hours during which payment of prizes
may be claimed.

3. Every ticket issued for sale in respect of any lottery shall be
numbered serially and no such number shall be repeated in respect of
the same lottery.

4. The following particulars shall be specified on every ticket
issued for sale in respect of any lottery

(a)the date and number or other description of lottery for which
the ticket is issued;

(b) the serial number allocated to the ticket;

(c)the number and value of the prizes apportioned to the lottery
for which the ticket is issued, expressed either in percentages
of the total value of the tickets which may be sold or by way
of fixed values in relation to a fixed number of tickets issued
for sale in respect of the lottery for which the ticket is issued,
as the case may be;

(d)the time and date when and the place at which the draw of the
lottery will take place.





5. (1) Whenever a lottery is drawn there shall be present at the draw
not less than three members of the Committee, and if, at the time
appointed for the draw, there shall not be that number of members
present the draw shall be postponed to such time, whether on the same
or another day, as the Chairman or any person then present who has
been authorized for that purpose by the Chairman may direct.

(2) The members of the Committee present at the draw shall appoint
one of their number to preside at the draw.

(3) The public shall be admitted to the place at which the draw of a
lottery is conducted so far as may reasonably be practicable having
regard to the accommodation available for such purpose.

(4) A ticket in a lottery shall be eligible for more than one prize.

SA. (1) The Chairman may postpone the drawing of any lottery if
the draw is to take place within the duration of a gale warning.

(2) Notice of any postponement under paragraph (1) shall be
published in the Gazette as soon as practicable, and shall specify the
date and time when and the place at which the postponed draw shall
take place.

6. The Chairman shall cause the numbers of the winning tickets at
any draw and the time and place at which and the manner in which prizes
may be claimed to be published in the Gazette and in his discretion in
such other manner as may appear to him to be advisable, so soon as may
be after the draw is concluded.

7. Prizes shall be paid in accordance with the following provisions

(a)payment shall be claimed by presenting and delivering up the
ticket in respect of which the claim is made at the place and
during the hours appointed therefor in the notice published
pursuant to rule 6;

(b)payment shall be claimed within two years after the publication
in the Gazette of the number of the ticket in respect of which
the claim is made;

(c)payment shall be made to the person who presents the ticket
for payment of the prize won by the ticket:

Provided that, if, when any ticket is presented for
payment of a prize any number, mark, figure or word which is
material for identifying the ticket is, in the opinion of the
Committee, illegible or not clearly legible or is





incomplete or has been obliterated, defaced or removed,
payment shall not be made in respect thereof unless the
person claiming payment produces evidence, to the
satisfaction of the Committee, identifying such ticket as the
ticket in respect of which the prize claimed is payable.

8. If the payment of any prize is not claimed in the manner and
within the period prescribed in rule 7, and if the number of the ticket in
respect of which the prize was payable has been duly published in the
manner prescribed in rule 6, the proceeds of that prize shall upon expiry
of such period be forfeited to the Lotteries Fund.

9. (1) The Committee may appoint such number of agents for the
sale of tickets to the public as the Committee may from time to time
consider expedient and may fix their remuneration, and the duration of
their appointments.

(2) Any agent appointed for the sale of tickets to the public in
accordance with this rule may appoint sub-agents.

(3) The name and address of any sub-agent appointed under
paragraph (2) shall be reported to the Committee before such subagent
commences the sale of tickets to the public.

(4) Any appointment of'any agent made under this rule may be
terminated at any time by the Committee giving to such agent twenty-
four hours notice in writing terminating the appointment.

(5) For the purposes of this rule, the expressions 'agent' and 'sub-
agent' do not include street vendors.
G.N.A. 27/62. L.N. 95/67. L.N. 252/73. Announcement of lotteries. Tickets to be numbered. Particulars to be stated on tickets. Procedure at draw. L.N. 95/67. Postponement of draw. L.N. 252/73. Publication of results of draw. Payment of prizes. L.N. 95/67. Forfeiture of unclaimed prizes. L.N. 95/67. Agents for sale of tickets.

Abstract

G.N.A. 27/62. L.N. 95/67. L.N. 252/73. Announcement of lotteries. Tickets to be numbered. Particulars to be stated on tickets. Procedure at draw. L.N. 95/67. Postponement of draw. L.N. 252/73. Publication of results of draw. Payment of prizes. L.N. 95/67. Forfeiture of unclaimed prizes. L.N. 95/67. Agents for sale of tickets.

Identifier

https://oelawhk.lib.hku.hk/items/show/3267

Edition

1964

Volume

v22

Subsequent Cap No.

334

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:32:44 +0800
<![CDATA[GOVERNMENT LOTTERIES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3266

Title

GOVERNMENT LOTTERIES ORDINANCE

Description






LAWS OF HONG KONG

GOVERNMENT LOTTERIES ORDINANCE

CHAPTER 334
1




CHAPTER 334

GOVERNMENT LOTTERIES

To authorize and control the promotion and conduct of Government
lotteries and matters ancillary thereto.

[31st March, 1962.]

1. This Ordinance may be cited as the Government Lotteries
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Chairman' means the chairman of the Government Lotteries
Management Committee;

'Committee' means the Government Lotteries Management Committee
appointed in accordance with section 3;

'galewarning' means a warning of the occurrence of a tropical cyclone
in, or in the vicinity of, Hong Kong by the display of any of the
local visual storm warning signals referred to in section 5 of the
Judicial Proceedings (Adjournment During Gale Warnings)
Ordinance; (Added, 66 of 1973, s. 2)

'Lotteries Fund' means the Lotteries Fund established by resolution
made and passed by the Legislative Council on the 30th day of June
1965 and published in the Gazette; (Added, 33 of 1967, s.2)

'lottery' means any scheme for distributing prizes by lot or chance
which is promoted and conducted by the Committee;

'ticket', in relation to any lottery or proposed lottery, means any
document issued by the Committee evidencing the claim of a
person to participate in the chances of such lottery;

'member', in relation to the Committee, includes the Chairman.

3. (1) The Governor may by notification in the Gazette appoint a
standing committee to be known as the Government Lotteries
Management Committee.

(2) The Committee shall consist of a Chairman and not less than
three nor more than five members who shall be appointed by the
Governor by notification in the Gazette.

4. (1) The Committee shall meet at such times and at such places as
the Chairman may appoint.

(2) At any meeting of the Committee the Chairman shall preside:

Provided that if at any meeting the Chairman is absent there shall
preside either





(a)such member as the Chairman may in his discretion direct
to preside for the purposes of that meeting; or
(b)in the absence of any such direction by the Chairman,
one member of the Committee elected from among those
members present at such meeting.

(3) At any meeting of the Committee three members shall be
a quorum.

(4) The validity of any proceedings of the Committee shall
not be affected by any vacancy among the members thereof or by
any defect in the appointment of any member thereof.

(5) Any question to be determined at a meeting of the Com-
mittee shall be determined by a majority of the members present
and voting thereon.

(6) The Chairman at any meeting of the Committee shall have
an original vote and also, if upon any question the votes shall be
equally divided, a casting vote.

(7) The Committee may make standing orders for regulating
the procedure at, and in connexion with, its meetings.

5. It shall be the duty of the Committee from time to time to
conduct or cause to be conducted lotteries and to do such other things
as the Governor may, subject to the provisions of this Ordinance or
any rules made thereunder, direct in connexion therewith.

6. (1) The proceeds of the sale of tickets in a lottery shall be
paid into the Lotteries Fund as soon as practicable after the sale
of such tickets.

(2) Sixty per cent, or as close to that proportion as is practi-
cable, of the proceeds of the sale of tickets in a lottery shall be
apportioned as prizes in such manner as the Committee, subject to
the direction of the Governor, may determine.

(3) All expenses arising out of the conduct of a lottery or the
operation of the Committee shall be paid out of the Lotteries Fund.

(4) The Financial Secretary, after making due allowance for
any payments which may be outstanding under subsections (2) and
(3), may appropriate from the Lotteries Fund moneys for the purpose
of financing, by way of grant, loan or advance, the support and
development of such social welfare services in the Colony as the
Governor, after consultation with the Social Welfare Advisory
Committee, may approve. (Amended, 66 of 1973, s. 3)

(5) [Deleted, 66 of 1973, S. 3]

(6) The Legislative Council may by resolution amend sub-
section (2) so as to vary the proportion of the proceeds of the sale
of tickets in a lottery which is to be apportioned as prizes.
(Replaced, 33 of 1967, s. 3)





7. (1) The Accountant General shall cause proper accounts
to be kept of all transactions of the Lotteries Fund and shall cause
to be prepared for every period of twelve months ending on the
31st day of March in each year a statement of the accounts of the
Lotteries Fund, which statement shall include a receipts and pay-
ments account and statement of assets and liabilities and shall be
signed by the Accountant General.

(IA) The accounts of the Lotteries Fund and the signed
statement of the accounts shall be audited by the Director of Audit,
who shall certify the statement and make such report as he thinks
fit. (Added, 66 of 1973, s. 4)

(2) A copy of the signed and audited statement of accounts
and of any report by the Director of Audit shall be laid on the table
of the Legislative Council not later than the 31st day of December
next following the end of such period or so soon thereafter as the
Governor may allow.
(Replaced, 33 of 1967, s. 4. Amended, 66 of 1973, s. 4)

8. The Financial Secretary may direct that an annual super-
vision fee to be determined by him shall be charged against the
income of the Lotteries Fund and paid into the general revenue of
the Colony.
(Added, 33 of 1967, s. 4)

9. The Governor may make rules providing for-
(a)the appointment of and the conditions to be observed by
agents for the sale of tickets for lotteries and the rights,
liabilities and obligations of such agents and commissions
payable in connexion therewith;

(b) the form and contents of tickets for lotteries;
(c)the information to be published concerning lotteries and
the manner in which such information shall be published,

(d)the manner in which any drawing for the allotment of
prizes shall be undertaken, including the persons who shall
be present at any such drawing and their powers and
duties in relation thereto;
(e)the manner in which any dispute or difficulty which may
arise as to the conduct of any lottery or the drawing for
the allotment of any prize in respect thereof shall be
determined;
(f)the time within which and the manner in which lottery
prizes shall be claimed;
(g)the disposal of unclaimed prizes or money or prizes or
money, as to which any dispute has arisen;
(h)such other matters as the Governor may consider ex-
pedient to give effect to the purposes of this Ordinance;





(i)the postponement of the drawing of any lottery which is
due to take place within the duration of a gale warning.
(Added, 66 of 1973, s. 5)

10. Any person who obstructs or impedes the drawing of any
lottery, or creates any disturbance at or near any place at which
any lottery is being or is about to be drawn, shall be guilty of an
offence and shall be liable on summary conviction to a fine of one
thousand dollars and to imprisonment for three months.

11. For avoidance of doubt, every ticket shall be deemed to
be a document to which the provisions of section 72(1) of the Crimes
Ordinance apply.

12. Nothing contained in the Gambling Ordinance shall apply
to any lottery to which the provisions of this Ordinance apply.
Originally 10 of 1962. 33 of 1967. 66 of 1973. Short title. Interpretation. (Cap. 62.) Appointment and constitution of the Committee. Meetings of the Committee. Duties of the Committee. Proceeds of lotteries. Accounts. Cost of administration. Rules. Obstruction at draw of lottery. Application of Part IX (Forgery) of Crimes Ordinance. (Cap. 200.) Gambling Ordinance not to apply to Government lotteries. (Cap. 148.)

Abstract

Originally 10 of 1962. 33 of 1967. 66 of 1973. Short title. Interpretation. (Cap. 62.) Appointment and constitution of the Committee. Meetings of the Committee. Duties of the Committee. Proceeds of lotteries. Accounts. Cost of administration. Rules. Obstruction at draw of lottery. Application of Part IX (Forgery) of Crimes Ordinance. (Cap. 200.) Gambling Ordinance not to apply to Government lotteries. (Cap. 148.)

Identifier

https://oelawhk.lib.hku.hk/items/show/3266

Edition

1964

Volume

v22

Subsequent Cap No.

334

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:32:44 +0800
<![CDATA[SECURITIES (SPECIFICATION OF APPROVED ASSESTS, LIQUID ASSESTS AND RANKING LIABILITIES) NOTICE]]> https://oelawhk.lib.hku.hk/items/show/3265

Title

SECURITIES (SPECIFICATION OF APPROVED ASSESTS, LIQUID ASSESTS AND RANKING LIABILITIES) NOTICE

Description







SECURITIES (SPECIFICATION OF APPROVED ASSETS,

LIQUID ASSETS AND RANKING LIABILITIES) NOTICE

(Cap. 333, sectioi 65B)

[2 April 1986.]

ice may be cited as the Securities (Specification of
Liquid Assets and Ranking Liabilities) Notice.

2. In this notice, unless the context otherwise requires

approved subordinated loan' means loan on which the lender's claim
is subordinated to the prior payment or provision for payment in
full of all claims of all other present and future creditors of the
borrower, and which is made under a valid and legally enforceable
agreement, the terms of which have been approved by the
Securities Commission;

'deposit-taking company' means a deposit-taking company that is
registered or licensed under the Banking Ordinance;

'licensed bank' means a bank licensed under the Banking Ordinance'
'overseas bank' means a bank
incorporatred or established by or under the law or other authority in any country, state or place outside
Hong Kong;

'recognized stock market' means a stock market recognized by the
Securities Commission for the purpose of section 65A(2)(a)(ii) of
the Ordinance.

3. The following assets of a dealer or dealing partnership,
which form part of his or their business of dealing in securities and
are beneficially owned by the dealer or the dealing partnership, as
the case may be, are specified as approved assets for the purposes of
section 65B of the Ordinance in accordance with paragraph 6-

(a)cash in hand and contract note stamps (used for the purposes
of the Stamp Duty Ordinance);

(b)money on account with a licensed bank or a deposit-taking
company.

(c)money which is on account with an overseas bank and is
freely remittable to Hong Kong

(d)80 per cent by value of certificates of deposits, acceptances,
tloating-rate notes and other negotiable instruments that are
commonly known as commercial papers, the advertisement of
which has been authorized by the Securities Commission
under section 4(2)(g) of the Protection of Investors
Ordinance;





(da) 80 per cent by value of bills certificates, notes, paper or

other debt instrume other than those mentioned in

sub-paragraph (d), which

(i) are negotiable;

(ii) have a remaining term to maturity of not more than 10
years; and

(iii) are denominated and traded in Hong Kong dollars or in
a currency freely convertible into Hong Kong dollars, unless
the Securities Commission disallows any such instrument in a
particu ar case;

(db) 80 per cent by value of securities issued by the governments
of Australia, Canada, the Federal Republic of Germany, Japan,
the United Kingdom or the United States of America;

(e)tax reserve certificates issued under the Tax Reserve
Certificates Ordinance;

[Deleted, L.N. 404/87]

(g) utility and rent deposits;

(h) statutory deposit: made under section 52 of the Ordinance;

(ha) contributions to towards the Unified Exchange Compensation
Fund established under section 99 of the Ordinance;

(i) prepaid expenses ;

(j) shares in the Exchange Company at nominal value;

(k)payments made for or towards the purchase of securities for
which a listing on the Unified Exchange is pending;

(ka) payments made for or towards the purchase of securities for
which a listing is pending on a recognized stock market;
(kb) 60 per cent by value of securities, other than those men-

tioned in sub-paragraphs (da) and (db), which are listed on a
recognized stock market;

(1)60 per cent by value of securities listed on the Unified
Exchange;

(m)60 per cent by value of units in a unit trust and of shares in a
mutual fund corporation, which are authorized under

section 15(1)(c) of the Ordinance;

(n) gold bullion;


(o)interests in jinmovable property in Hong Kong, subject to a
maximum value of 25 per cent of the requisite minimum net
capital required under section 65B of the Ordinance.





3A. Amounts receivable in the ordinary course of business of
dealing in securities, other than amounts receivable which are due to be
settled against delivery of securities, but which remain outstanding for
more than 5 bank trading days, are specified as approved assets for the
purpose of section 65B or the Ordinance.

4. The following approved assets of a dealer or a dealing
partnership are specified as liquid assets for the purposes of section
65B of the Ordinance in accordance with paragraph 6

(a)cash in hand and contract note stamps (used for the purposes of
the Stamp Duty Ordinance);

(b)money on account with a licensed bank or a deposit-taking
company, which in the case of a time deposit will become payable
within 6 months;

(c)money which is on account with an overseas bank and is freely
remittable to Hong Kong and which, in the case of a time
deposit, will become payable within 6 months;

(d) 80 per cent by value of certificates of deposit, acceptances,
floating-rate notes and other negotiable instruments that
are commonly known as commercial papers, the advertise-
ment of which has been authorized by the Securities

Commission under section in 4(2)(g) of the Protection of Investors
Ordinance;

(da) 80 per cent by value of bills, certificates, notes, paper or other
debt instruments, other than those mentioned in
subparagraph (d), which

(i) are negotiable

(ii) have a remaining term to maturity of not more than
10 years; and

(iii) are denominated and traded in Hong Kong dollars or in
a currency freely convertible into Hong Kong dollars, unless
the Securities Commission disallows any such instrument in a
particular case;

(db) 80 per cent by value of securities issued by the govern

merits of Australia, Canada, the Federal Republic of

Germany, Japan., the United Kingdom or the United States
of America;


(e)tax reserve certificates issued under the Tax Reserve
Certificates Ordinanc

amounts receivable in the ordinary course of business of

dealing in securities, which are due to be settled against
delivery of securities, but excluding amounts which remain
outstanding for more than 5 bank trading days;





(g)amounts receivable in the ordinary course of business of
dealing in securities, other than amounts of the kind referred to
in sub-paragraph (f), to the extent of the net realizable value
of any readily marketable unencumbered collateral for those
amounts, which is in the possession or control of the dealer or
dealing partnership;

(h)payments made for or towards the purchase of securities for
which a listing on Unified Exchange is pending;

(i)60 per cent by value of securities listed on the Unified
Exchange;

(j)60 per cent by value of units in a unit trust and of shares in a
mutual fund corporation, which are authorized under section
15(1)(c) of the Ordinance;

(k) gold bullion;

(l)payments made for or towards the purchase of securities for
which a listing is pending on a recognized stock market;

(m) 60 per cent by value of securities, other than those

mentioned in sub-paragraphs (da) and (db), which are

listed on a recognized stock market.

5. (1) Subject to sub-paragraph (2), the following liabilities

of a dealer or dealing partnership are specified as ranking liabilities
for the purposes of section 65B of the Ordinance-

(a)amounts payable in the ordinary course of business of dealing
in securities;

(b) overdrafts and loans from licensed banks, deposit-taking
companies or overseas banks;

(c) accrued expenses;

(d) tax payable;

(e)any liability that is secured on an approved asset within the
meaning of paragrahp 3;

(f) all other liabilities that are regarded as liabilities under
generally accepted accounting principles, other than any
approved subordinated loan from a lender, which is-

(i) a member of a recognized stock market; and
(ii) the holding company, associated company or sub-
sidiary company of the dealer or the dealing partnership, as
the case may be;

(g)provision for contingent liabilities in accordance with generally
accepted accounting principles.

(2) Notwithstandinig sub-paragraph (1), where a dealer or dealing
partnership, in the acquisition of any fixed asset that is used





in the ordinary course of business of dealing securities, incurs any
liability that is not required to be settled within 12 months, the
liability shall not, to the extent of the net book value of the asset, be
included as a ranking liability for the purposes of calculating the liquidity
margin of the dealer or dealing artnership, as the case may be.

6. (1) Subject to sub-paragraphs (2) and (3), all approved or liquid
assets shall be valued in accordance with generally accepted
accounting principles.

(2) The following assets shall be valued at the market value of each
such asset

(a) securities listed on the Unified Exchange;

(aa) securities listed on a recognized stock market;

(ab) certificates of deposit ' acceptances, floating-rate notes and
other negotiable instruments that are commonly known as
commercial papers, the advertisement of which has been
authorized by the Securities Commission under section
4(2)(g) of the Protection of Investors Ordinance;

(ac) bills. certificates notes, paper or other debt instruments which

(i) are negotiable;

have a remaining term to maturity of not more than
10 years; and

(iii) are denominated and traded in Hong Kong dollars or in a
currency freely convertible into Hong Kong dollars;

(ad) securities issued by the governments of Australia, Canada,
the Federal Republic of Germany, Japan, the United Kingdom
or the United States of America;

(b) units in a unit trust and shares in a mutual fund corpora-
tion, which are authorized under section 15(1)(c) of the
Ordinance ;

(c) gold bullion.

(3) An interest, in immovable property shall be valued at market
value

(a)where that at interest is held by a member of the Exchange Company,
by the Exchange Company;

(b) in any other case, by an independent valuer acceptable to
the Commissioner.
L.N. 7/86. 27 of 1986. L.N. 404/87. L.N. 61/86. Citation. Interpretation. L.N. 404/87. 27 of 1986, s. 137. (Cap. 155.) (Cap. 155.) L.N. 404/87. Approved assets. L.N. 404/87. (Cap. 117.) L.N. 404/87. (Cap. 335.) L.N. 404/87. L.N. 404/87. (Cap. 289.) L.N. 404/87. L.N. 404/87. L.N. 404/87. Amounts receivable. L.N. 404/87. Liquid assets. L.N. 404/87. (Cap. 117.) L.N. 404/87. (Cap. 335.) L.N. 404/87. L.N. 404/87. (Cap. 289.) L.N. 404/87. L.N. 404/87. Ranking liabilities. L.N. 404/87. Valuation of approved and liquid assets. L.N. 404/87. L.N. 404/87. (Cap. 335.) L.N. 404/87. L.N. 404/87.

Abstract

L.N. 7/86. 27 of 1986. L.N. 404/87. L.N. 61/86. Citation. Interpretation. L.N. 404/87. 27 of 1986, s. 137. (Cap. 155.) (Cap. 155.) L.N. 404/87. Approved assets. L.N. 404/87. (Cap. 117.) L.N. 404/87. (Cap. 335.) L.N. 404/87. L.N. 404/87. (Cap. 289.) L.N. 404/87. L.N. 404/87. L.N. 404/87. Amounts receivable. L.N. 404/87. Liquid assets. L.N. 404/87. (Cap. 117.) L.N. 404/87. (Cap. 335.) L.N. 404/87. L.N. 404/87. (Cap. 289.) L.N. 404/87. L.N. 404/87. Ranking liabilities. L.N. 404/87. Valuation of approved and liquid assets. L.N. 404/87. L.N. 404/87. (Cap. 335.) L.N. 404/87. L.N. 404/87.

Identifier

https://oelawhk.lib.hku.hk/items/show/3265

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:32:43 +0800
<![CDATA[SECURITIES (REGISTRATION OF DEALERS) (APPROVED EXAMINATIONS) (CONSOLIDATION) NOTICE]]> https://oelawhk.lib.hku.hk/items/show/3264

Title

SECURITIES (REGISTRATION OF DEALERS) (APPROVED EXAMINATIONS) (CONSOLIDATION) NOTICE

Description






SECURITIES (REGISTRATION OF DEALERS) (APPROVED
EXAMINATIONS) (CONSOLIDATION) NOTICE

(Cap. 333, section 65A(2)(b))

[8 August 1986.]

1. This notice may be cited as the Securities (Registration of
Dealers) (Approved Examinations) (Consolidation) Notice.

2. The examinations-

(a)leading to associate or subscriber membership of the
Securities Institute of Australia;

(b)for membership of, or registration as a registered
representative or registered trader with, The International
Stock Exchange of the United Kingdom and the Republic of
Ireland Limited,

are approved by the Securities Commission for the purposes of
section 65A(2)(b) of the Ordinance.
L.N. 192/86. L.N. 88/87. Citation. Approved examinations. L.N. 192/86. L.N. 88/87.

Abstract

L.N. 192/86. L.N. 88/87. Citation. Approved examinations. L.N. 192/86. L.N. 88/87.

Identifier

https://oelawhk.lib.hku.hk/items/show/3264

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:42 +0800
<![CDATA[SECURITIES (RECOGNITION OF STOCK MARKETS) (CONSOLIDATION) NOTICE]]> https://oelawhk.lib.hku.hk/items/show/3263

Title

SECURITIES (RECOGNITION OF STOCK MARKETS) (CONSOLIDATION) NOTICE

Description






RECOGNITION OF STOCK MARKETS)
NSOLIDATION) NOTICE

333, section 65A(2)(a)(ii))

[21 February 1986.]

ay be cited as the Securities (Recognition of
Stock Markets) (Consolidation) Notice.

2. The following places are recognized by the SecuritiesA
Commission as stock markets for the purposes of section 65A(2)(a) of
the Ordinance

Auckland Stock Exchange American Stock Exchange
Amsterdam Stock Exchange Brussels Stock Exchange Copenhagen Stock
Exchange Frankfurt Stock Exchange Korea Stock Exchange Kuala
Lumpur Stock Exchange Luxembourg Stock Exchange Manila Stock
Exchange

Member Exchanges of Australian Associated Stock Exchange
Milan Stock Exchange Montreal Stock Exchange National
Association of Securities Dealers (USA) New York Stock
Exchange Osaka Stock Exchange Oslo Stock Exchange Paris
Bourse Securities Exchange of Thailand Singapore Stock
Exchange Stockholm Stock Exchange The International Stock
Exchange of the United Kingdom and the Republic of Ireland
Limited Toronto Stock Exchange Tokyo Stock Exchange
Wellington Stock Exchange Zurich Stock Exchange
L.N. 43/86. L.N. 87/87. Citation. Recognition of stock markets. L.N. 87/87.

Abstract

L.N. 43/86. L.N. 87/87. Citation. Recognition of stock markets. L.N. 87/87.

Identifier

https://oelawhk.lib.hku.hk/items/show/3263

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:41 +0800
<![CDATA[SECURITIES (RECOGNITION OF STOCK MARKET) NOTICE]]> https://oelawhk.lib.hku.hk/items/show/3262

Title

SECURITIES (RECOGNITION OF STOCK MARKET) NOTICE

Description






SECURITIES (RECOGNITION OF STOCK MARKET)
NOTICE

(Cap. 333, section 65A(2)(a)(ii)

[6 December 1985.]

1. This notice may be cited as the Securities (Recognition of Stock
Market) Notice.

2. The Stock Exchange, London, shall be a stock market recognized
by the Securities Commission for the purposes of paragraph (a) of
section 65A(2) of the principal Ordinance.
L.N. 340/85. Citation. Recognition of the Stock Exchange, London.

Abstract

L.N. 340/85. Citation. Recognition of the Stock Exchange, London.

Identifier

https://oelawhk.lib.hku.hk/items/show/3262

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:41 +0800
<![CDATA[SECURITIES (DEALERS, INVESTMENT ADVISERS, PARTNERSHIPS AND REPRESENTATIVES) RULES]]> https://oelawhk.lib.hku.hk/items/show/3261

Title

SECURITIES (DEALERS, INVESTMENT ADVISERS, PARTNERSHIPS AND REPRESENTATIVES) RULES

Description






SECURITIES (DEALERS, INVESTMENT ADVISERS,
PARTNERSHIPS AND REPRESENTATIVES) RULES

ARRANGEMENT OF RULES

Rule



1. Citation ...
2. Directions in forms
3. General requirements for forms lodged with the Commissioner
4. Application for registration or renewal of registration
5. Particulars to be entered in registers ...
6. Inspection of register, etc.
7. Correction of errors ...
8. Duplicate certificate of registration ... ...
9. Information provided by dealers, etc . ... ...
Schedule. Forms ...

Page
G 2

G 2

G 2

G 2

G 3

G 7

G 7

G 7

G 8

G 9





SECURITIES (DEALERS, INVESTMENT ADVISERS,
PARTNERSHIPS AND REPRESENTATIVES) RULES

(Cap. 333, section 146(A)

[25 October 1985.]

1. These rules may be cited as the Securities (Dealers, Investment
Advisers, Partnerships and Representatives) Rules.

2. A form prescribed by these rules shall be completed in
accordance with any directions specified in the form.

3. Unless the Commissioner otherwise directs, every application,
statement or notice lodged with the Commissioner for the purpose of
Part VI of the Ordinance shall be in the appropriate form prescribed in
the Schedule.

4. (1) An application for registration or renewal of registration
under Part VI of the Ordinance shall, with any relevant annexures, be
lodged in the office of the Commissioner.

(2) The Commissioner may refuse to accept an application under
this rule which is not accompanied by the prescribed fee (including
where appropriate, the penalty fee prescribed under section 54(1)(d) of
the Ordinance).

(3) Every such application shall-

(a)in the case of an application by an individual for registration
as a dealer, be in Form 1 and be accompanied by

(i) a supplementary statement in Form 1A;

(ii) if the applicant is not a stockbroker, 2 references in Form
1B and where applicable, a statement in Form 1 D; and

(iii) if the applicant is acting on behalf of a corporation for
registration as a dealer, a statement in Form 1C;

(b)in the case of an application by an individual for renewal of
registration as a dealer, be in Form 1 and be accompanied by

(i) a supplementary statement in Form 1A; and

(ii) if the applicant is acting on behalf of a corporation for
renewal of registration as a dealer, a statement in Form 1C;

(c)in the case of an application by a corporation for registration
or renewal of registration as a dealer, be in Form 2 and be
accompanied by a supplementary statement in Form 2A;






(d)in the case of an application by a partnership for registration
or renewal of registration as a dealing partnership, be in Form
3 and be accompanied by a supplementary statement in Form
3A;

(e)in the case of an application by an individual for registration
or renewal of registration as a dealer's representative, be in
Form 4 and be accompanied by

(i). a supplementary statement in Form 4A; and

(ii) a statement in Form 4B;

in the case of an application by an individual for registration
as an investment adviser, be in Form 5 and be accompanied
by

(i) a supplementary statement in Form 5A;

(ii) if the applicant is not a stockbroker, 2 references in
Form 5B;and

(iii) if the applicant is acting on behalf of a corporation for
registration as an investment adviser, a statement in Form 5C;

(g)in the case of an application by an individual for renewal of
registration as an investment adviser. be in Form 5 and be
accompanied by

(i) a supplementary statement in Form 5A; and

(ii) if the applicant is acting on behalf of a corporation for
renewal of registration as an investment adviser. a statement
in Form 5C;

(h)in the case of an application by a corporation for registration
as an investment adviser, be in Form 6 and be accompanied
by a supplementary statement in Form 6A;

(i)in the case of an application by a partnership for registration
or renewal of registration as an investment advisers'
partnership, be in Form 7 and be accompanied by a
supplementary statement in Form 7A;

(j)in the case of an application by an individual for registration
as an investment representative, be in Form 8 and be
accompanied by

(i) a supplementary statement in Form 8A; and

(ii) a statement in Form 8B.

5. (1 ) The particulars to be entered in the register of dealers

(a) in the case of a dealer who is an individual-

(i) his registration number as a dealer. the date of
registration and, where appropriate, renewal of registration,
and, if he is also registered as an investment adviser, his
registration number as an investment adviser;





(ii) his full name in English;
(iii) if applicable, his name in Chinese;
(iv) his business name (if any);-
(v) the addresses of all offices in Hong Kong at which
he carries on a business of dealing in securities, and the
telephone numbers of those offices;
(vi) his nationality;
(vii) if he is a member of a stock exchange, the name of
the exchange;
(viii) the name of every corporation of which he is a
director, the date of his appointment as a director, and the
address of the corporation's registered office; and
(ix) the name of every partnership of which he is a
partner and the address of the partnership's principal place
of business;

(b) in the case of a dealer which is a corporation-
(i) its registration number as a dealer, the date of
registration and, where appropriate, renewal of registra-
tion, and, if it is also registered as an investment adviser, its
registration number as an investment adviser;
(ii) its name;
(iii) the place and date of its incorporation;
(iv) the address of its registered office;
(v) the addresses of all offices in Hong Kong at which
it carries on a business of dealing in securities, and the
telephone numbers of those offices;
(vi) the names of its directors in English and, where
applicable, their names in Chinese, and their registration
numbers as dealers and as investment advisers;
(vii) if it is a member of a stock exchange, the name of
the exchange; and
(viii) the name of every partnership of which it is a
partner and the address of the partnership's principal place
of business;

(c) in the case of a dealing partnership-
(i) the partnership's registration number, the date of
registration and, where appropriate, renewal of registra-
tion, and, if it is also registered as an investment advisers'
partnership, its registration number;
(ii) its business name;
(iii) the place and date of its formation or registration
with the Registrar of Companies, as the case may be;
(iv) the address of its principal place of business;
(v) the address of all offices in Hong Kong at which
it carries on a business of dealing in securities, and the
telephone numbers of those offices;





(vi) the names of all partners in English and, where
applicable, their names in Chinese, and their registration
numbers as dealers and as investment advisers; and

(vii) if any partner is a member of a stock exchange, the
name of the exchange.

(2) The particulars to be entered in the register of investment
advisers are

(a) in the case of an investment adviser who is an individual-

(i) his registration number as an investment adviser and, if
he is also registered as a dealer, his registration number as a
dealer;

(ii) his full name in English;

(iii) if applicable, his name in Chinese;

(iv) his business name (if any);

(v) the addresses of all offices in Hong Kong at which he
carries on a business as an investment adviser, and the
telephone numbers of those offices;

(vi) his nationality;

(vii) the name of every corporation of which he is a director,
the date of his appointment as a director, and the address of
the corporation's registered office; and

(viii) the name of every partnership of which he is a partner
and the address of the partnership's principal place of
business;

(b)in the case of an investment adviser which is a corporation

(i) its registration number as an investment adviser, the date
of registration and, where appropriate, renewal of registration,
and, if it is also registered as a dealet, its registration number
as a dealer;

(ii) its name;

(iii) the place and date of its incorporation;

(iv) the address of its registered office;

(v) the addresses of all offices in Hong Kong at which it
carries on a business as an investment adviser, and the
telephone numbers of those offices;

(vi) the names of its directors in English and, where
applicable, their names in Chinese, and their registration
numbers as investment advisers and as dealers; and

(vii) the name of every partnership of which it is a partner
and the address of the partnership's principal place of
business;

(e) in the case of an investment advisers' partnership-

(i) the partnership's registration number, the date of
registration and, where appropriate, renewal of registra-











tion, and, if it is also a registered dealing partnership, its
registration number;

(ii) its business name;

(iii) the place and date of its formation or registration
with the Registrar of Companies, as the case may be;

(iv) the address of its principal place of business; .

(v) the address of all offices in Hong Kong at which it
carries on a business as an investment advisers' partnership,
and the telephone numbers of those offices;

(vi) the names of all partners in English and, where
applicable, their names in Chinese, and their registration
numbers as investment advisers and dealers; and

(vii) if any partner is a member of a stock exchange, the
name of the exchange.

(3) The particulars in respect of a dealer's representative that are to
be entered in the register of dealers' representatives are

(a)the representative's registration number as a dealer's
representative, the date of registration and, where appropriate,
renewal of registration, and, if he is also registered as an
investment representative, his registration number as an
investment representative;

(b) his full name in English;



(c) if applicable, his name in Chinese;


(d)the name and business address of the dealer who is employing
the representative;

(e)the representative's business address if different from that
specified under sub-paragraph (d);


(F) if that dealer is a member of a stock exchange, the name of the
exchange;
(g) the nationality of the representative;

(h)the name of every corporation of which the representative is a
director, the date of his appointment as a director, and the
address of the registered office of the corporation; and



(i)the name of every partnership of which he is a partner and the
address of the partnership's principal place of business.

(4) The particulars in respect of an investment representative that
are to be entered in the register of investment representatives are

(a)his registration number as an investment representative, the
date of registration and, where appropriate, renewal of
registration, and, if he is also registered as a dealer's
representative, his registration number as a dealer's






representative;





(b) his full name in English;
(c) if applicable, his name in Chinese;

(d)
the name and business address of the investment adviser
who is employing him;

(e)the representative's business address if different from that
specified under sub-paragraph (d);

(f) the nationality of the representative;
(9)

the name of every corporation of which the representative
is a director, the date of his appointment as a director, and
the address of the registered office of the corporation; and

(h)the name of every partnership of which he is a partner and
the address of the partnership's principal place of business.

(5) Where, pursuant to section 63 of the Ordinance, the
Commissioner is notified of any change in the particulars relating to
a registered person, he shall make such amendments in the register
and in any other records kept by him under the Ordinance as he
considers necessary to record the change.

6. (1) Any person may attend at the office of the Commis-
sioner at any time between 9.30 a.m. and 12.30 p.m. or 2.30 p.m. and
4.30 p.m. on a weekday or 9.30 a.m. and 12.30 p.m. on a Saturday
(not being a public holiday in either case), and may, upon payment
of the prescribed fee, inspect any register kept under section 64(1) of
the Ordinance and, after registration or renewal of registration, as
the case may be, any application for registration or renewal of
registration under Part VI of the Ordinance.

(2) Paragraph (1) does not entitle a person to inspect any
supplementary statement accompanying an application for registra-
tion or renewal of registration.

7. Where an error exists in the registers kept under section 64
of the Ordinance, or in a certificate of registration, or in any other
document issued under the Ordinance,. by reason of an error or
omission on the part of the Commissioner or any public officer, or
by reason of erroneous information having been supplied in any
application form or other document lodged with the Commissioner
under these rules, the Commissioner may correct the error and for
that purpose may require any person whom he reasonably believes
to be in possession of any such certificate or document to produce it
to him for correction.

8. (1) Subject to paragraph (2), any person registered under
the Ordinance whose certificate of registration has been lost or
destroyed may, on application being made to the Commissioner in
writing in that behalf and on payment of the prescribed fee, obtain a
duplicate certificate of registration from the Commissioner.





(2) The Commissioner may, before issuing a duplicate certificate of
registration applied for under paragraph (1), require the applicant to
produce such evidence as he thinks fit of the loss or destruction of the
certificate concerned.

9. (1) The notice required to be given to the Commissioner under
section 63(1)(a) of the Ordinance shall be in accordance with Form 9.

(2) The notice required to be given to the Commissioner under
section 63(1)(h) of the Ordinance shall

(a)in the case of an individual who is not a partner of a dealing
partnership or an investment advisers' partnership, be in
accordance with Form 10A;

(b)in the case of a corporation that is not a partner of a dealing
partnership or an investment advisers' partnership, be in
accordance with Form 1OB; and

(c)in the case of a dealing partnership or an investment advisers'
partnership, be in accordance with Form 10C.

(3) The notice required to be given to the Commissioner under
section 63(2) of the Ordinance shall be in accordance with Form 11.

(4) 'The notice required to be given to the Commissioner under
section 63(3) of the Ordinance shall be in accordance with Form 12.

(5) The notice required to be given to the Commissioner under
section 63(4) of the Ordinance shall be in accordance with Form 13 or
Form 14, as the circumstances of the case require.

(6) The notice required to be given to the Commissioner under
section 63(4A) of the Ordinance shall be in accordance with Form 15 or
Form 15A, as the circumstances of the case require.

(7) The notice required to be given to the Commissioner under
section 54A(1) of the Ordinance shall be in accordance with Form 15.

(8) The notice required to be given to the Commissioner under
regulation 9 of the Securities (Miscellaneous) Regulations shall be in
accordance with Form 16.





SCHEDULE

FORM 1

SECURITIES ORDINANCE
(Chapter 333)

APPLICATION BY AN INDIVIDUAL FOR REGISTRATION
OR RENEWAL OF REGISTRATION AS A DEALER

[r. 3.]

IMPORTANT If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.

WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

Application is hereby made to the Commissioner for Securities for registration or renewal of registration as a dealer under
Part VI of the Securities Ordinance.



Please answer the following questions-






(If there is insufficient space to complete your answer to any question, please continue the answer on a

separate sheet of paper, specify the question to which the sheet relates and add your signature. In addition, if there
are any changes in the given information prior to the approval of this application, details of such changes should, be
i . mmediately forwarded to the Commissioner for Securities.)


1 . State-

(a) in English your present surname (please underline) and other names
(including any aliases), and previous names by which known


(b) if applicable, your name in Chinese and code number

(c) your residential address and telephone number


(d) place of birth

(e) whether or not you are over 21 years of age


(f) if you are not over 21, your date of birth

(Answer 'Yes' or 'No')





(g) your Hong Kong identity card number or passport number

(h) your nationality

(i) the period for which you have been ordinarily resident in Hong
Kong.

2. State-

(a) the name(s) of the business (or proposed business) of dealing in securities of . which you are *a sole
proprietor/general partner/dealing director-

(i) English name

(ii) Chinese name (if applicable)

Delete whichever is inapplicable.






(b) the correspondence address and telephone number of the
business

(c) the address and telephone number of each place at or from
which the business of dealing in securities will be carried on
(Post Office Box numbers are not acceptable)

(d)the address at which you will keep the register pursuant to
section 67 of the Securities Ordinance


(e) the various types of the business of dealing in securities that you
are carrying on or propose to do (e.g. broking, underwriting,
etc.).

(a) Are you carrying on as a sole proprietor any business other than
the business of dealing in securities?

(b)If so, give the following details


(Answer 'Yes' or 'No')






(c) Do you intend to continue carrying on any of the above
business if your application to become a dealer in securities is
successful?


4. (a) Are you carrying on as a partner of a firm any business other
than the business of dealing in securities?


(b) If so, give the following details-

(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')






1985 Ed. Securities (Dealers, Investment Advisers,
Partnerships and REpresentatives) Rules




(c)Do you intend to continue carrying on any of the above business if your
application to become a dealer in securities is successful?


5. (a)Are you a director of a corporation whose business is not that of dealing
in securities, whether incorporated in Hong Kong or elsewhere?


(b) If so, give the following details-


(Answer 'Yes' or 'No')

(Answer *Yes' or 'No')






(c) Do you intend to remain as a director of any of these
corporations if your application to become a dealer in securities
is successful?


6.State any professional, technical or academic qualifications that you hold
which have a bearing on dealing in securities, together with respective dates.



7.State how many years experience in dealing securities do you have and give
details of your experience.



(Answer 'Yes' or 'No')




8. (a) Are you or have you worked as a dealer's representative for a
person registered as a dealer under the Securities Ordinance or
Commodities Trading Ordinance in Hong Kong?

(b) If so, state-



(i) the name(s) of the registered dealer(s) by whom you are or
were employed; and

(ii) the date(s) of that employment.

(Answer 'Yes' or 'No')

9. If you are carrying on the business of dealing in securities as a sole proprietor, give the following
particulars of
any dealer's representatives you employ or propose to employ-
to




10. (a)Have you ever applied to be registered, licensed, authorized or permitted
to deal in securities or commodity futures at any place outside Hong
Kong?


(Answer 'Yes' or 'No')




(b) If so, state-


(i) the place and date of application

(ii) whether the application was successful.

(c)If the application was successful, indicate whether you are still so
registered, licensed, authorized or permitted.

(d) If you are not still so registered, licensed, authorized or permitted, give the
reason(s).

(e) If the application was unsuccessful, state the reason(s), if
known to you.

(a) Are you or have you been a member of any stock or commodity
futures exchange in Hong Kong or elsewhere?

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'NO')




(b) If so, qi ve details of-

(i) the name(s) of the exchange(s)


(ii) the place of the exchange(s)

(iii) the date(s) on which you became a member of the
exchange(s)

(iv) the date(s) of termination of membership (if applicable)

(v) the reason(s) for termination of membership (if known).



(c)State the period during which you have actively participated in dealing in
securities or commodity futures in the above stock or

commodity futures exchange(s).





(d) Are you applying for membership of any stock or commodity
futures exchange(s) in Hong Kong or elsewhere?


(e)If so, give the name(s) and address(es) of the exchange(s).


I declare that all information given by me in this application is true and correct.

Dated this- day of 19-



(Answer 'Yes' or 'No')




The applicant must affix a
recent passport size
photograph of himself here.



MWAIRM

Signature


Name of the applicant

(in block letters)





FORM 1A

SECURITIES ORDINANCE

(Chapter 333)

SUPPLEMENTARY STATEMENT OF CONFIDENTIAL INFORMATION IN
SUPPORT OF AN APPLICATION BY AN INDIVIDUAL FOR
REGISTRATION OR RENEWAL OF REGISTRATION AS A DEALER

IMPORTANT If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.

WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

The following confidential information is given in support of the application to the Commissioner for Securities for
registration or renewal of registration as a dealer under Part VI of the Securities Ordinance.






Please answer the following questions


(If there is insufficient space to complete your answer to any question, please continue the answer on a separate
sheet of paper, specifying the question to which the sheet relates and add your signature. In addition, if there are any
changes in the given information prior to the approval of this application, details of such changes should be immediately
forwarded to the Commissioner for Securities.)


1. (a) Have you carried on as a sole proprietor any business during the
5 years preceding this application? (Those named in Question 3
of Form 1 need not be repeated here.)

(b) If so, give the following details-

(Answer 'Yes' or 'No')







2. (a)Have you carried on as a partner of a firm any business during the 5
years preceding this application? (Those named in Question 4 of Form
1 need not be repeated here.)


(b) If so, give the following details-


(Answer 'Yes' or 'No')




1985 Ed. Securities (Dealers, Investment
advisers, Parterships and Representatives) Rules






any company or corporation, whether incorporated in Hong Kong or
elsewhere? (Those named in Question 5 of Form 1 need not be
repeated here.)

(b) If so, give the following details-








4. (a) Are you employed, or have you been employed during the 5
years preceding this application, by any person, firm or corpora-
tion otherwise than as a director?

(b) If so, give details of-

(i) the name of the employer

(Answer 'Yes' or 'NO-)




(5) his or its name in Chinese (if applicable)

(iii) his or its principal business address (Post Office Box numbers are
not acceptable)

(iv) the nature of his or its business

(v) if the employer is or has been a registered person under Part
VI of the Securities Ordinance and/or Part IV of the
Commodities Trading Ordinance, type(s) of his registration
and number(s)


(vi) the canacity in which you are or were employed


(vii) the date of commencement of employment


(viii) the date of termination of employment (if applicable)

(ix)the reason(s) for termination of employment (if applicable).




(c) If you are still in employment, do you intend to remain in this
employment if your application to become a dealer in securities
is successful?

5. (a) Have you ever been refused membership of a stock or
commodity futures exchange in Hong Kong or elsewhere?

(b) If so, state-


(i) the name(s) of the exchange(s)

(ii) place of the exchange(s)

(iii) the reason(s) for such refusal (if known)
6. (a)Have you ever applied for registration with the Commissioner for
Securities?



(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No') tl~i

jP ...





(b)If so, state the type and the date of application. State whether the
application was approved. If not, state the reason(s) for such refusal.

7. (a)Have you ever been adjudicated bankrupt in Hong Kong or elsewhere?


(b) If so, give details of-


(i) the date of adjudication of bankruptcy

(ii) the place of bankruptcy

(iii) name of court which made the adjudication

(iv) if you have been discharged-


(A) the date of discharge

(B) the conditions of discharge.


(Answer 'Yes' or 'No')




elsewhere, which did not result in your being adjudicated bankrupt?


(b)If so, specify details of the petition, including the date and the court
in which the petition was presented.



9. (a) Have you been censured or disciplined by any professional

body, in Hong Kong or elsewhere, to which you belong or belonged?

ewgte ?

(b) If so, give the details of the circumstances.
10. (a)Have you ever been involved in the affairs of any corporation in Hong
Kong or elsewhere, which is being or has been investigated by an
inspector or officet appointed under any enactment?



(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')




(b) If so, give details of the circumstances and findings.

1. (a) Are you engaged in any civil litigation, whether as plaintiff or

defendant in Hong Kong or elsewhere?

(b) If so, give details or the circumstances.

12. (a) Have you, in connexion with the formation or management of
any corporation, been adjudicated by a court in Hong Kong or
elsewhere, civilly liable for any fraud, misfeasance or other
misconduct towards that corporation or any member thereof, or
been disqualified by order of such court from being a director, or
the equivalent in other jurisdiction?


(b) If so, give details of the circumstances.

(Answer 'Yes- or -No-)

(Answer 'Yes' or 'No')




13. (a) Have you ever been involved in the affairs of any business in
Hong Kong or elsewhere, which is being or has been
investigated in relation to any offence involving fraud or
dishonesty?

(b) If so, give details or the circumstances and findings.

14. (a)Have you ever, in Hong Kong or elsewhere, been a party to a deed
of arrangement or entered into any form of composition with your
creditors?



(b) If so, give details of the arrangement or composition.

15.Give the following particulars of

(a)any judgment made against you in which fraud was alleged,
whether in Hong Kong or elsewhere

(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')




(b)any unsatisfied judgment debts outstanding against you in
connexion with any business conducted by you, whether in Hong
Kong or elsewhere.

any unsatisfied judgment or court order requiring the payment
of damages or other sums of money in relation to any trade
or business carried on by you or in which you have been
concerned.

16. (a)Have you ever been convicted of an offence, other than a traffic
offence, in Hong Kong or elsewhere?


(b) If so, give the following details-

(Answer 'Yes' or 'No*)




17. (a)To the best of your knowledge, has any corporation of which you
have been a director, whether in Hong Kong or elsewhere, been
wound up otherwise than by means of a members' voluntary winding
up, during the 5 years preceding this

application?

(b) If so, state to


(i) the mode of winding up


(Answer 'Yes' or 'No')







(5) the reason(s) for winding up


(iii) the name(s) and address(es) of the liquidator(s).


18.Give the following details of each bank at which you keep or propose to keep an account in connexion with your business of
dealing in securities.





I declare that all information given by me in this supplementary statement is true and correct.

Dated this- day of 19-


Signature


Name of the applicant


(in block letters)





FORM 1B


SECURITIES ORDINANCE


(Chapter 333)

REFERENCE IN SUPPORT OF AN APPLICATION BY AN INDIVIDUAL
FOR REGISTRATION AS A DEALER
Note 1:Two references are required. One reference should be given by a director or manager of a bank licensed under the
Banking Ordinance (Chapter 155), and the other, on a separate form, may be given by


(a)a barrister or solicitor who has practised as such in Hong Kong for at least 5 years; or ;


(b)a professional accountant who has practised as such in Hong Kong for at least 5 years; or
(c) a justice of the peace.





Note 2: For persons who come from overseas to set up their securities business in Hong Kong,
two references
are required. One reference should be given by a director or manager of a bank incorporated or
established outside Hong Kong; and the other, on a separate form, may be given by-


(a)the Chairman or a committee member of a stock exchange recognized by the Commission for the purposes of
section 65A(2)(a)(ii) of the Ordinance;

(b) a legal practitioner who has practised as such for at least 5 years and his reference is acceptable to
the Commissioner; or


(c) a professional accountant who has practised as such for at least
5 years and his reference is
acceptable to the Commissioner.

WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5 years'
imprisonment for a person who makes a false or misleading representation for the purposes of obtaining,
either for himself or any other person, registration under Part VI of the Ordinance.



To the Commissioner for Securities:




1 .

(name of the referee)

(address and occupation of the referee)

have personally known (name of the applicant for registration as a dealer) ñ

for a period of not less than 12 months.

I came to know the applicant on


(approximate date on which the referee first met the applicant and the extent of the referee's

acquaintance with him)

3. To the best of my knowledge, the applicant is a person of
good character and is a fit and proper person to be
registered as a dealer in securities.


Dated this -day of 19



Signature
Name of signatory

(in block letters)








FORM 1C

SECURITIES ORDINANCE

(Chapter 333)


STATEMENT IN SUPPORT OF AN APPLICATION FOR REGISTRATION OR RENEWAL OF
REGISTRATION AS A DEALER ACTING ON BEHALF OF A CORPORATION

IMPORTANT If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.


WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of. 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

1. The applicant of

(name of applicant) (address of
applicant)






is acting on behalf of
(business name of the corporation)

2. The information given by the applicant in Forms 1 and 1 A is true and correct to the best of our knowledge and belief.


3.The applicant is a fit and proper person *to be registered /conti n ue to be registered as a dealer.

4. If the applicant ceases to act on behalf of the corporation, we will notify the Commissioner for Securities in
accordance with section 63(3) of the Securities Ordinance.

Dated this - day of 19-


(Note: Two directors, including the Chairman, must sign.)





Signed on behalf of the corporation


Delete whichever is inapplicable.


Signature

Name of signatory


Capacity

Signature
we
Name of signatory

Capacity


(in block letters)

(in block letters)





FORM 1 D


SECURITIES ORDINANCE


(Chapter 333)


CERTIFICATE IN SUPPORT OF AN APPLICATION BY AN INDIVIDUAL
FOR REGISTRATION AS A DEALER



WARNING -Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5 years'
imprisonment for a person who makes a false or misleading representation for the purposes of
obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

I hereby certify that the applicant

(name of applicant)

of
(address of applicant)





has acquired the following experience in dealing in securities-

Name and place of stock market in
Period Nature of services rendered which services rendered




Hong Kong, which is recognized by the Commission under section 65A(2)(a)(ii) of the Ordinance, then
this certificate should be signed by the Chairman or a committee member of the stock exchange
concerned.)

Signature

Name of registered dealer


Date


(in block letters)




FORM 2

SECURITIES ORDINANCE

(Chapter 333)

APPLICATION BY A CORPORATION FOR REGISTRATION
OR RENEWAL OF REGISTRATION AS A DEALER

IMPORTANT If you are in doubt as to how to co mplete this application, you should consult your solicitor or
other professional advisers.


WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.


Application is hereby made to the Commissioner for Securities for registration or renewal of registration as a
dealer under Part VI of the Securities Ordinance.





Please answer the following questions-


(If there is insufficient space to complete your answer to any question, please continue the answer on a
separate sheet of paper, specify the question to which the sheet relates and add the signature(s) of the directors
authorized to make the declaration. In addition, if there are any changes in the given information prior to the
approval of this application, details of such changes should be immediately forwarded to the Commissioner for
Securities.)

1 . State-
(a) the name and any former names of the corporation

(b) the place of incorporation


(c) the date of incorporation





(d) if incorporated outside Hong Kong, whether the corporation has
registered with the Registrar of Companies in Hong Kong. If so,
give details of registration.


2. (a) Give the following particulars of the corporation's registered office and all offices in Hong Kong where it
intends to carry on the business of dealing in securities-





(b)Give the following particulars if the corporation carries or has carried on a business of dealing in securities
or commodities outside Hong Kong.

(c)State the address at which the company will keep the register
pursuant to section 67 of the Securities Ordinance.


(d) State the various type(s) of the business of dealing in securities
that the corporation carries on or proposes to do (e.g. broking,
underwriting etc.).




business of dealing in securities?

(b) If so, give the following details-

(Answer 'Yes' or 'No')



(c)Does your corporation intend to continue carrying on any of the
above businesses if its application to become a dealer in
securities is successful?


(Answer 'Yes' or 'No')



business other than the business of dealing in securities?


(b) If so, give the following details-





State whether the corporation is a
general or limited partner

(c)Does your corporation intend to continue carrying on any of the
above business if its application to become a dealer in securities
is successful?





1985 Ed. Securities (Dealers, Investment Advisers, Parterships and Representatives) Rules




6.Give the following details of all persons, other than those named in Question 5 above, who have held office as
directors of the corporation during the period of 5 years preceding the date of this application-


7. Give the details of all the existing (or proposed) dealer's
representatives of the corporation-







8. Give details of the capital of the corporation as follows-

(a)the nominal capital, the class or classes into which it is divided
and the number of shares in each class





(b) the number of shares issued to date

(c) whether or not the shares are fully paid up

(d) if not, to what extend they are paid up

(e)whether or not any shares have been issued for a consideration
other than cash

(f)if so, how many and of what class and for what consideration.

9. (a)Has the corporation ever applied to be registered, licensed,
authorized or permitted to deal in securities or commodity
futures at any place outside Hong Kong?

(b) If so, state-

(i) the place and date of the application

(ii) whether the application was successful


(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')

(Answer'Yes'or'No')
(Answer 'Yes' or 'No')





(c)If the application was successful indicate whether the corpora-
tion is still so registered, licensed, authorized or permitted

(d)If the corporation has ceased to be so registered, licensed,
authorized or permitted, give the reason(s)


(e)If the application was unsuccessful, state the reason(s), if
known to you.

10. (a)Is the corporation, or has the corporation been, a member of any
stock or commodity futures exchange in Hong Kong or
elsewhere?


(b) If so, give details of-

(i) the name(s) of the exchange(s)

(ii) the place of the exchange(s)


(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')




(iii)the date(s) on which the corporation became a member of
the exchange(s)

(iv)the date(s) of termination of membership (if applicable)

(v) the reason(s) for termination of membership (if known).

(c)Is the corporation applying for membership of any stock or
commodity futures exchanges in Hong Kong or elsewhere?


(d) If so, give the name(s) and address(es) of the exchange(s).


We declare that all information given by us in this application is true and correct.

Dated this - day of 19-


(Note: Two directors, including the Chairman, must sign.)


(Answer 'Yes' or 'No')






Signed on behalf of the applicant corporation

Signature

Name of signatory
(in block letters)
capacity


Signature

Name of signatory

Capacity


(in block letters)
(Note: * This application must be accompanied by a board resolution signed by all members of the board.)





FORM 2A

SECURITIES ORDINANCE

(Chapter 333)


SUPPLEMENTARY STATEMENT OF CONFIDENTIAL INFORMATION IN SUPPORT of
AN APPLICATION BY A CORPORATION FOR REGISTRATION
OR RENEWAL OF REGISTRATION AS A DEALER
IMPORTANT If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.

WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

The following confidential information is given in support of the application to the Commissioner for Securities
for registration or renewal of registration as a dealer under Part VI of the Securities Ordinance.





Please answer the following questions-


(if there is insufficient space to complete your answer to any question, please continue the answer on a
separate sheet of paper, specify the question to' which the sheet relates and add the signature(s) of the directo
authorized to make the declaration. In addition, if there are any changes in the given information prior to the
approval of this application, details of such changes should be immediately forwarded to the Commissioner for
Securities.)

1. (a) Has your corporation carried on any business during the 5 years
preceding this application? (Those named in Question 3 of Form
2 need not be repeated here.)

(b) If so, give the following details-

Name of business


(Answer 'Yes' or 'No')




2
2. (a)Has your corporation carried on as a partner of a firm any
business during the 5 years preceding this application? (Those
named in Question 4 of Form 2 need not be repeated here.)



(b) If so, give the following details-

(Answer 'Yes- or 'No')






1985 Ed. Securities (Dealers, Inverstment Advisers.
Partnerships and Representatives) Rules




1985 Ed. Securities (Dealers, Investment Advisers.
Partnerships and Representatives) Rules




State the following particulars of the ultimate holding company:
name, registered office, country of incorporation, nature of
business, existing directors and six major shareholders.


(c)State the particulars of subsidiary and associated companies:
name, registered office, country of incorporation, nature of
business, existing directors and six major shareholders.





4. (a) Give the following particulars of any debentures created and
issued by the corporation-

(i) the date of issue


(ii) the amount of the debt secured by the debenture


(iii)the rate of interest payable to the debenture holders


(iv) the date of repayment of the loan


(v) the names of the debenture holders or trustees for the
debenture holders.





(b)State the total amount of any other charges created by the
corporation over its assets or any pawof them.

5. (a)Has the corporation ever been refused membership of a stock or
commodity futures exchange in Hong Kong or elsewhere?

(b) If so, state-


(i) the name(s) of the exchange(s)

(ii~ place of the exchange(s),

(iii) the reason(s) for such refusal (it known).

6. (a)Has the corporation or any of the existing shareholders or
directors ever applied for registration With the Commissioner for
Securities?


(Answer 'Yes- or -No-)

(Answer 'Yes' or 'No')





(b)If so, state the date of application and where applicable the
names of the shareholders or directors. State whether the
application was approved. If not, state the reason(s) why the
application was refused.

7. (a) Have any of the directors of the corporation ever been
adjudicated bankrupt in Hong Kong or elsewhere?

(b) If so, give the following- details-

(Answer 'Yes' or 'No')





8. (a) Has a bankruptcy petition ever been served on any of the
directors of the corporation, in Hong Kong or elsewhere, which
did not result in his being ad judicated bankrupt?

(b) If so, give the following details of the petition-

(Answer 'Yes' or 'No-)





9. (a)Have any of the directors been censured or disciplined by any
professional body, in Hong Kong or elsewhere, to which he
belongs or belonged?

(b)If so, state the name(s) of the director(s) and details of the
circumstances.
10. (a)Have any of the directors ever been involved in the affairs of any
corporation in Hong Kong or elsewhere, which is being or has
been investigated by an inspector or officer appointed under any
enactment?


(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')




(b)If so, state the name(s) of the director(s) and details of the
circumstances and findings.

(a)Have any of the directors, in connexion with the formation or
management of any corporation, been adjudicated by a court in
Hong Kong or elsewhere, civilly liable for any fraud, misfeasance
. or other misconduct towards such corporation or any member
thereof, or been disqualified by order of such court from being a
director, or the equivalent in other jurisdiction?


(b)If so, state the name(s) of the d.irectors(s) and details of the
circumstances.
12. (a)Have any of the directors ever been involved in the affairs of any
business, in Hong Kong or elsewhere, which is being or has
been investigated in relation to any offence involving fraud or
dishonesty?

(Answer 'Yes' or ' No')

(Answer -Yes- or 'No')




(b) If so, give details of the circumstances and findings.


13. (a)Have any of the directors of the corporation ever, in Hong Kong
or elsewhere, been a party to a deed of arrangement or entered
into any form of composition with his creditors?


(b) If so, give the following details-

(Answer 'Yes' or 'No')


14. Give the following, particulars of-

(a) any judgment made against any of the directors of the corporation in which fraud was alleged, whether in
Hong Kong or elsewhere-







(b)any unsatisfied judgment debts outstanding against any director of the corporation in connexion with any
business conducted by him, whether in Hong Kong or elsewhere-







(c)any unsatisfied judgment or court order requiring the payment of damages or other sums of money in
relation to any trade or business carried on by a director of the corporation or in which such a director has
been concerned-






15. (a)Have any of the directors ever been convicted of an offence,
other than a traffic offence, in Hong Kong or elsewhere?

(b) If so, give the following details-






16. (a)To the best of your knowledge, has any corporation of which
any of the existing directors have held office, whether in Hong
Kong or elsewhere, been wound up otherwise than by means of
a members' voluntary winding up, during the 5 years preceding
this application?

(b) Is so, state-

(i) the mode of winding up

(ii) the reasons for winding up


(Answer 'Yes' or 'No-)




(iii) thename(s) and address(es) of the liquidator(s).
17. (a)Is the corporation engaged in any civil litigation, whether as
plaintiff or defendant?

(b)If so, give details of the circumstances.

18. (a)Have the corporation's affairs ever been investigated by an
inspector or officer appointed under any enactment of Hong
Kong or elsewhere?

(b)If so, give details of the circumstances and findings.

19. (a) Has the corporation ever entered into any deed of arrangement
or any form of composition with its creditors?


(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')





(b)If so, give details of arrangement or composition.

20. (a)Has a petition ever been presented for winding up the
corporation?

(b)If so, is it now pending or how was it disposed of?


21. (a) Has a receiver ever been appointed by the court or by a
debenture holder to manage the affairs of the corporation?


(b) If so, is the receiver still in possession of the corporation's
assets?

22. (a)Are there unsatisfied judgment debts, or judgments or court
orders for the payment of damages or other sums of money,
outstanding against the corporation?

(b)If so, give the amount and full details.


(Answer 'Yes- or 'No')
(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')




23. (a) Has the corporation ever been convicted of any offence in Hong
Kong or elsewhere?


(b) If so, give the following details-






24. Give details of every bank at which the corporation keeps or proposes to keep an account in connexion with its
business of dealing in securities-

We declare that all information given by us in this supplementary statement is true and correct.

Dated this

day of 19-

(Note: Two directors, including the Chairman, must sign)

Signed on behalf of the applicant corporation





Signature


Name of signatory


Capacity


Signature


Name of signatory


Capacity


(in block letters)

(in block letters)

(Note: This supplementary statement must be accompanied by a board
resolution signed by all members of the board.)








FORM 3

SECURITIES ORDINANCE

(Chapter 333)


APPLICATION FOR REGISTRATION OR RENEWAL OF
REGISTRATION AS A DEALING PARTNERSHIP

IMPORTANT If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.

WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.


Application is hereby made to the Commissioner for Securities for registration or renewal of registration as a
dealing partnership under Part VI of the Securities Ordinance.

Please answer the following questions-





(If there is insufficient space to complete your answer to any question, please continue the answer on a
separate sheet of paper, specify the question to which the sheet relates and have it signed by all the general
partners. In addition, if there are any changes in the given information prior to the approval of this application,
details of such changes should be immediately forwarded to the Commissioner for Securities.)

Wherever and whenever the word 'partner' is used, it means all the partners of the partnership, whether
general or limited.

1. State-

(a) the name and any former names of the partnership


(b) the place of its registration

(c) whether it is a general or limited partnership


(d) in the case of a general partnership, the date of its formation,
and in case of a limited partnership, the date of its registration
with the Registrar of Companies.





2. (a) Give the following particulars of the partnership's
principal place of business and of all offices in Hong
Kong,where it intends to carry on the business of dealing in securities-

.(b)Give the following particulars if the partnership carries or has carried on a business of dealing in securities
or commodity futures outside Hong Kong-







(c) State the address at which the partnership keeps the register
pursuant to section 67 of the Securities Ordinance.


(d) State the various type(s) of the business of dealing in securities
that it carries on or proposes to do (e.g. broking, underwriting,
etc.).

3. (a)Is your partnership carrying on any business other than the
business of dealing in securities?

(Answer 'Yes' or ' No')




(b) If so, give the following details-



(c)Does your partnership intend to continue carrying on any of the
above business if its application to become a dealing partnership
is successful?


(Answer 'Yes' or 'No')




4. Give the following particulars of all existing partners-






5. Give the details of. all the existing (or proposed) dealer's representatives of the partnership-






6. (a)Has the partnership ever applied to be registered, licensed,
authorized or permitted to deal in securities or commodity
futures at any place outside Hong Kong?


(Answer 'Yes' or 'No')





(b) If so, state-

(i) the place and date otthe application

(ii) whether the application was successful.

(c)If the application was successful, indicate whether it is still so
registered, licensed, authorized or permitted.


(d)If the partnership has ceased to be so registered, licensed,
authorized or permitted, give the reason(s).

(e)If the application was unsuccessful, state the reason(s), if
known to you.

7. (a) Is the partnership or has the partnership been a member of any
stock or commodity futures exchange outside Hong Kong?


(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')






(b) If so, give details of-

(i) the name(s) of the exchange(s)


(ii) the place of the exchange(s)

(iii) the date(s) on which the partnership became a member of
the exchange(s)

(iv) the date(s) of termination of membership (if applicable)
(v) the reason(s) for termination of membership (if known).


(c)Is the partnership applying for membership of any stock or
commodity futures exchanges outside Hong Kong?


(d) If so, give the name(s) and the address(es) of the exchange(s).

(Answer 'Yes' or 'No')




We declare that all information given by us in this application is true and correct.

Dated this - day of 19


(Note:This application must be signed by all the general partners. In addition, general partners of the dealing
partnership must also hold registration as, dealers and may only carry on the, business of dealing in
securities in the name of that dealing partnership.)

Signature


Name of general partner


Signature


Name of general partner


(in block letters)

(in block letters)





FORM 3A

SECURITIES ORDINANCE

(Chapter 333)


SUPPLEMENTARY STATEMENT OF CONFIDENTIAL INFORMATION IN
SUPPORT OF AN APPLICATION FOR REGISTRATION OR
RENEWAL OF REGISTRATION AS A DEALING PARTNERSHIP


IMPORTANT If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.

WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.


The following confidential information is given in support of the application to the Commissioner for Securities
for registration or renewal of registration as a dealing partnership under Part VI of the Securities Ordinance.

Please answer the following questions-





(If there is insufficient space to complete your answer toany question, please continue the answer on a
separate sheet of paper, specify the question, to which the sheet relates and have it signed by all the general
partners. In addition, if there are any changes in the given information prior.,to the approval of this application,
details of such changes should be immediately forwarded to the Commissioner for Securities.)

Wherever and henever the word 'partner' is used, it means all partners of the partnership, whether general or
limited.



(a)Has your partnership carried on any business during the 5 years
preceding this application? (Those named in Question 3 of Form
3 need not be repeated here.)


(b) If so, give the following details-

(Answer 'Yes' or 'No')







2. (a)Has the partnership ever been refused membership of any stock
or commodity futures exchange outside Hong Kong?


(b) If so, state

(i) the name(s) of the exchange(s)

(5) place of the exchange(s)

(iii) the reason(s) for the refusal of the application (if known).


(Answer *Yes' or 'No')


3. (a)Has the partnership or any of its existing partners ever applied
for registration with the Commissioner for Securities?

(b) If so, state the name of the applicant and the date of application.
State whether the application was approved. If not, state the
reason(s) why the application was refused.

4. (a) Has any existing partner ever been adjudicated bankrupt in Hong
Kong or elsewhere?


(b) If so, give the following particulars-

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')





5. (a)Has a bankruptcy petition ever been served on any existing
partner, in Hong Kong or elsewhere, which did not result in his
being adjudicated bankrupt?

(Answer 'Yes' or -No')




(b) If so, give the following details of the petition-

6. (a) Has any existing partner been censured or disciplined by any
professional body, in Hong Kong or elsewhere, to which he
belongs or belonged?

(Answer 'Yes' or 'No')




(b) If so, state the name(s) of the partner(s) and details of the
circumstances.

7. (a)Has any existing partner ever been involved in the affairs of any
corporation in Hong Kong or elsewhere, which is being or has
been investigated by an inspector or officer appointed under any
enactment?


(b) If so, state the name(s) - of the partner(s) and details of the
circumstances and findings.

8. (a)Is any existing partner, in connexion with the business of the
partnership, engaged in any civil litigation, whether as a plaintiff
or defendant?

(b)If so, give details of the circumstances.


(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')



management of any corporation, been adjudicated by a court in
Hong Kong or elsewhere, civilly liable for any fraud, misfeasance
or other misconduct towards such corporation or any member
thereof, or been disqualified by order of such court from being a
director, or the equivalent in other jurisdiction?


(b) If so, state the name(s) of the partner(s) and details of the
circumstances.

10. (a)Has any existing partner ever been involved in the affairs of any
business in Hong Kong or elsewhere, which is being or has been
investigated in relation to any offence involving fraud or
dishonesty?

(b) If so, state the name(s) of the partner(s) and details of the
circumstances and findings.

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')





11. (a) Has any existing partner ever, in Hong Kong or elsewhere, been
a party to a deed of arrangement or entered into any form of
composition with his creditors?


(b) If so, give the following details-





12. Give the following particulars of-

(a) any judgment made against any existing partner in which fraud was alleged, whether in Hong Kong or
elsewhere-





(b) any unsatisfied judgment debts outstanding against any existing partner in connexion with any business
conducted by him, whether in Hong Kong or elsewhere-






(c) any unsatisfied judgment or court order requiring the payment
of damages or other sums of money in
relation to any trade or business carried on by an existing partner, or in which such a partner has been
concerned-




other than a traffic offence, in Hong Kong or elsewhere?

(b) If so, give the following details-



(Answer 'Yes' or 'No')





14. (a)To the best of your knowledge, has any corporation of which
any of the existing partners have held office, whether in Hong
Kong or elsewhere, been wound up otherwise than by means of
a members' voluntary winding up, during the 5 years preceding
this application?

(b) If so, state-

(i) the mode of winding up

(ii) the reasons for winding up

(iii) the name(s) and address(es) of the liquidator(s),


(Answer 'Yes- or 'No')



plaintiff or defendant?

(b) If so, give details of the circumstances.

16. (a) Have the partnership's affairs ever been investigated by an
inspector or officer appointed under any enactment of Hong
Kong or elsewhere?

(b) If so, give details of the circumstances and findings.

(Answer 'Yes' or -No')
(Answer 'Yes' or 'No')

17.Give details of every bank at which the partnership keeps or proposes to keep an account in connexion with its
business of dealing in securities-





Account number(s)
(if applicable)

Date(s) of opening of the
account(s) (if applicable)


We declare that all information given by us in this supplementary statement is true and correct.

Dated this - day of
19-

(Note: This supplementary statement must be signed by all the general partners. In addition, general partners of
the dealing partnership must also hold registration as dealers and may only carry on the business of dealing
in securities in the name of that dealing partnership.)

Signature

Name of general partner
(in block letters)





Signature

Name of general partner

FORM 4

SECURITIES ORDINANCE

(Chapter 333)


(in block letters)

APPLICATION BY AN INDIVIDUAL FOR REGISTRATION
OR RENEWAL OF REGISTRATION AS A DEALER'S REPRESENTATIVE
IIMPORTANTIf you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.





WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.



Application is hereby made to the Commissioner for Securities for registration or renewal of registration as a
dealer's representative under Part VI of the Securities Ordinance.


Please answer the following questions:-


(If there is insufficient space to complete your answer to any question, please continue the answer on a
separate sheet of paper, specify the question to which the sheet relates and add your signature. In addition, if there
are any changes in the given information prior to the approval of this application, details of such changes should be
immediately forwarded to the Commissioner for Securities.)


1 . State-

(a) in English your present surname (please underline) and other
names (including any aliases), and previous names by which
known





(b) if applicable, your name in Chinese and code number


(c) your residential address and telephone number


(d) place of birth


(e)
whether or not you are over 21 years of age

(f)if you are not over 21, your date of birth

(g) your Hong Kong identity card number or passport number


(h) your nationality

(i) the period for which you have been ordinarily resident in Hong
Kong.


(Answer 'Yes- or -No')




2. State-


(a)the address and telephone number of each place at or from
which you carry on or intend to carry on business as a dealer's
representative (Post Office Box numbers are not acceptable)


Tei. No.

2.

Tei. No.


3.

Tei. No.
(b)the address at which you will keep the register pursuant to
section 67 of the Securities Ordinance.





3. Give the following details of your employer-


(a) name of the employer

(b)name of the employer in Chinese (if applicable)

(c) business name of the employer

(d) business address of the employer

(e) capacity in which you are employed

(f)date of commencement of employment.


4. (a) Are you carrying on as a sole proprietor any business other than
the business of dealing in securities?

(Answer 'Yes' or *No')





(b) If so, give the following details-


Name of business


Address of business (Post Office
Box numbers are not acceptable)

Nature of business


Date of commencement of
business

(c)Do you intend to continue carrying on any of the above
business if your application to become a dealer's representative
is successful?

(Answer 'Yes' or 'No')




5. (a) Are you carrying on as a partner of a firm any business other
than the business of dealing in securities?

(b) If so, give the following details-


(Answer 'Yes' or 'No')







(c)Do you intend to continue carrying on any of the above
business if your application to become a dealer's representative
is successful?

6. (a)Are you a director of a corporation whose business is not that of
dealing in securities, whether incorporated in Hong Kong or
elsewhere?

(b) If so, give the following details-
(Answer 'Yes' or *No')
(Answer 'Yes' or 'No')





(c)Do you intend to remain as a director of any of these corpora-
tions if your application to become a dealer's representative is
successful?

(Answer 'Yes' or 'No')




7.State any professional, technical or academic qualifications that you
hold which have a bearing on dealing in securities, together with
respective dates.

8. How many years experience in dealing in securities do you have and
give details of your experience.

9. (a) Are you or have you worked as a dealer's representative for a
person registered as a dealer under the Securities Ordinance or
Commodities Trading Ordinance in Hong Kong?

(b) If so, state-



(i) the name of the registered dealer(s) by whom you are or
were employed; and

(ii) the date(s) of that employment.


(Answer 'Yes' or 'No')



permitted to deal in securities or commodity futures at any place
Outs Hong Kong?

(b) If so, state-


(i) the place and date of application

(ii) whether the application was successful.


(c)If the application was successful, indicate whether you are still
so registered, licensed, authorized or permitted.

(d) If you are not still so registered, licensed, authorized or
permitted, give the reason(s).

(e) If the application was unsuccessful, state the reason(s), if
known to you.

(Answer 'Yes- or *No')

(Answer *Yes' or 'No')
(Answer 'Yes' or *No')




1. (a) Are you or have you been -a member of any stock or commodity
futures, exchange in Hong Kong or elsewhere?


(b) If so, give details of-


(i)the name(s) and address(es) of the exchange(s)
the date(s) on which you became a member

(iii) the date(s) of termination of membership (if applicable)

(iv)the reason(s) for termination of membership (if known)

(c)State the period during which you have actively participated in
dealing in securities or commodity futures in the above stock or
commodity futures exchange(s).

(d) Are you applying for membership of any stock or commodity
futures exchange(s) in Hong Kong or elsewhere?


(Answer 'Yes' or -NO-)

(Answer 'Yes' or 'No')




(e)If so, give the name(s) and the address(es) of the exchange(s).

I declare that all information given by me in this application is true and correct.

Dated this - day of

19


The applicant must affix a
recent passport size
photograph of himself here.

Signature

Name of the applicant


(in block letters)




FORM 4A

SECURITIES ORDINANCE

(Chapter 333)


SUPPLEMENTARY STATEMENT OF CONFIDENTIAL INFORMATION IN SUPPORT OF
AN APPLICATION BY AN INDIVIDUAL FOR REGISTRATION OR
RENEWAL OF REGISTRATION AS A DEALER'S REPRESENTATIVE

IMPORTANT - If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.


WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

The following confidential information is given in support of the application to the Commissioner for Securities
for registration or renewal of registration as a dealer's representative under Part VI of the Securities Ordinance.

Please answer the following questions-





(If there is insufficient space to complete your answer to any question, please continue the answer on a
separate sheet of paper, specify the question to which the sheet relates and add your signature. In addition, if there
are any changes in the given information prior to the approval of this application, details of such changes should be
immediately forwarded to the Commissioner for Securities.)

1. (a)Have you carried on as a sole proprietor any business during the
5 years preceding this application? (Those named in Question 4
of Form 4 need not be repeated here.)


(b) If so, give the following details-


(Answer 'Yes' or 'No')





2. (a) Have you carried on as a partner of a firm any business during
the 5 years preceding this application? (Those named in
Question 5 of Form 4 need not be repeated here.)

(b) If so, give the following detail

(Answer 'Yes' or 'No')







1985 Ed. Securities (Dealers, Investment Advisers,
Partnerships and Representatives) Rules



director of any corporation, whether incorporated in Hong Kong
or elsewhere? (Those named in Question 6 of Form 4 need not
be repeated here.)

(b) If so, give the following details-





4. . (a) Are you employed, or have you been employed during the 5
years preceding this application, by any person, firm or any
corporation otherwise than as a director?

(b) If so, give details of-

(i) the name of the employer

(ii) his or its name in Chinese (if applicable)


(Answer 'Yes' or 'No')





(iii) his or its principal business address

(iv) the nature of his or its business

(v) if the employer is or has been a registered person under Part
VI of the Securities Ordinance or Part IV of the Commodities
Trading Ordinance, type(s) of his registration and number(s)

(vi)the capacity in which you are or were employed

(viii)the date of termination of employment (if applicable)

(ix) the reason(s) for termination of employment (if known).

(c) If you are still in employment, do you intend to remain in this
employment if your application to . become a dealer's
representative is successful?


(Answer 'Yes' or 'No*)




5. (a) Have you ever been refused membership of a stock or
commodity futures exchange in Hong Kong oi elsewhere?


(b) If so, state-

(i) the name(s) of the exchange(s)


(ii) place of the exchange(s)


(iii) the reason(s) for such refusal (if known).

6. (a) Have you ever applied for registration with the Commissioner for
Securities?


(b) If so, state the type and the date of application. State whether
the application was approved. If not, state the reason(s) for such
refusal.

(Answer 'Yes' or 'No-)
(Answer 'Yes' or 'No')




elsewhere?

(b) If so, give details of-

(i) the date of adjudication of bankruptcy

(ii) the place of bankruptcy

(iii) name of court which made the adjudication

(iv) if you have been discharged-

(A) the date of discharge

(B) the conditions of discharge.

8. (a)Has a bankruptcy petition ever been served on you in Hong
Kong or elsewhere, which did not result in your being
adjudicated bankrupt?



(Answer 'Yes* or 'No')

(Answer 'Yes' or 'No')




(b) If so, specify details of the petition, including the date and the
court in which the petition was presented.


9. (a) Have you been censured or disciplined by any professional
body, in Hong Kong or elsewhere, to which you belong or
belonged?

(b) If so, give the details of the circumstances.

10. (a) Have you ever been involved in the affairs of any corporation in
Hong Kong or elsewhere, which is being or has been investigated
by an inspector or officer appointed under any enactment?

(b)If so, give details of the circumstances and findings.

11. (a)Are you engaged in any civil litigation, whether as plaintiff or
defendant in Hong Kong or elsewhere?

(Answer 'Yes' or'No')

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No-)





(b) If so, give details of the circumstances.

12. (a)Have you, in connexion with the formation or management of
any corporation, been adjudicated by a court in Hong Kong or
elsewhere, civilly liable for any fraud, misfeasance or other
misconduct towards that corporation or any member thereof or
been disqualified by order of such court from being a director, or
the equivalent in other jurisdiction?

(b) If so, give details of the circumstances.

13. (a)Have you ever been involved in the affairs of any business in
Hong Kong or elsewhere which is being or has been
investigated in relation to any offence involving fraud or
dishonesty?



(Answer 'Yes' or 'No')


(Answer 'Yes' or 'No')






(b) If so, give details of the circumstances and findings.

14. (a)Have you ever, in Hong Kong or elsewhere, been a party to a
deed of arrangement or entered into any form of composition
with your creditors?


(b) If so, give details of the arrangement or composition.

15. Give the following particulars of-


(a)any judgment made against you in which fraud was alleged,
whether in Hong Kong or elsewhere

(b)any unsatisfied judgment debts outstanding against you in
connexion with any business conducted by you, whether in
Hong Kong. or elsewhere


(Answer 'Yes' or 'No')




(c)any unsatisfied judgment or court order requiring the payment of
damages or other sums of money in relation to any trade or
business carried on by you or in which you have been
concerned.
16. (a)Have you ever been convicted of an offence, other than a traffic
offence, in Hong Kong or elsewhere?


(b)If you have, give the following details-


(Answer 'Yes' or 'No')






17. (a)To the best of your knowledge, has any corporation of which.
you have been a director, whether in Hong Kong or elsewhere,
been wound up, otherwise than by means of a members'
voluntary winding up, during the 5 years preceding this
application?

(b) If so, state-

(i) the mode of winding up

(ii) the reasons for winding up

(iii) name(s) and address(es) of liquidator(s).


(Answer 'Yes- or 'No')





I declare that all information given by me in this supplementary statement is true and correct.

Dated this -

day of 19

Signature


Name of the applicant


(in block letters)





FORM 4B

SECURITIES ORDINANCE

(Chapter 333)

STATEMENT IN SUPPORT OF AN APPLICATION BY AN INDIVIDUAL FOR
REGISTRATION OR RENEWAL OF REGISTRATION AS A DEALER'S REPRESENTATIVE

IMPORTANT If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.

WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

1. The applicant of
(Name) (Address)





has been employed by me as a dealer's representative as from


(Date)

2. The information given by the applicant is correct to the best of my knowledge and belief.


3. The applicant is a fit and proper person *to be
registered/continue to be registered as a dealer's representative.


4.If the applicant ceases to be employed by me, I undertake to notify the Commissioner for Securities in writing
of that fact immediately.


Dated this - day of 19-





Signature


Name of employer of the applicant


Employer's Registration No. as a dealer


t If a representative is employed by a corporation, a dealing director must sign this statement.

Delete whichever is inapplicable.


(in block letters)




FORM 5

SECURITIES ORDINANCE

(Chapter 333)


APPLICATION BY AN INDIVIDUAL FOR REGISTRATION
OR RENEWAL OF REGISTRATION AS AN INVESTMENT ADVISER

IMPORTANT If you are in doubt as to how to complete this application, you should consult your solicitor o
other professional advisers.

WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purpose,
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

Application is hereby made to the Commissioner for Securities for registration or renewal of registration as an
investment adviser under Part VI of the Securities Ordinance.

Please answer the following questions-





(If there is insufficient space to complete your answer to any 'question, please continue the answer on a
separate sheet of paper, specify the question to which the sheet relates and add your signature. In addition, if there
are any changes in the given information prior to the approval of this application, details of such changes should be
immediately forwarded to the Commissioner for Securities.)
Vtw & -*i:fi V_ *UPARLOI -4a -

1 . State-


(a) in English your present surname (please underline) and other
names (including any aliases), and previous names by which
known

(b)if applicable, your name in Chinese and code number

(c) your residential address and telephone number

(d) place of birth






(e) whether or not you are over 21 years of age


(f) if you are not over 21, your date of birth

(g) your Hong Kong identity card number or passport number


(h) your nationality


(i) the period for which you have been ordinarily resident in Hong
Kong.

2. State-


(a) the name(s) of the business (or proposed business) of an
investment adviser of which you are a *sole proprietor/general
partner/director-

(i) English name

Delete whichever is inapplicable


(Answer 'Yes' or 'No')



(ii) Chinese name (if applicable)

(b) the correspondence address and telephone number of the
business

(c)

the address and telephone number of each place at or from
which the business of an investment adviser will be carried on
(Post Office Box numbers are not accepta ble)

(d) the address at which you will keep the register pursuant to
section 67 of the Securities Ordinance
(e)the various types of the business of an investment adviser that
you are carrying on or propose to do (e.g. advising other
persons concerning securities, issuing analyses or reports
concerning securities, etc.).

3. (a) Are you carrying on as a sole proprietor any business other than
the business of an investment adviser?

(b) If so, give the following details-


(Answer 'Yes' or 'No')






(c)Do you intend to continue carrying on any of the above
business if your application to become an investment adviser is
successful?

4. (a) Are you carrying on as a partner of a firm any business other
than the business of an investment adviser?

(b) If so, give the following details-


(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')




1985 Ed. Securities (Dealers, Investment Advisers, Partnerships and
Respresentatives) Rules




(c)Do you intend to continue carrying on any of the above
business if your application to become an investment adviser is
successful?

(Answer 'Yes' or 'No')

5. (a)Are you a director of a corporation whose business is not that of
an investment adviser, whether incorporated in Hong Kong or
elsewhere?


(b) If so, give the following details-


(Answer 'Yes' or 'No')







(c)Do you intend to remain as a director of any of these
corporations if your application to become an investment adviser
is successful?


6.State any professional, technical or academic qualifications that you
hold which have a bearing on giving investment advice, together
with respective dates.

7.How many years of experience as an investment adviser do you have
and give details of your experience.

(Answer 'Yes* or 'No')




8. (a) Are you or have you worked as

(i)an investment representative for a person registered as an
investment adviser under the Securities Ordinance in Hong
Kong?


(ii)a commodity trading adviser's representative for a person
registered as a commodity trading adviser under the
Commodities Trading Ordinance in Hong Kong?

(b) If so, state-


(i) the name(s) of the registered investment adviser(s) or
commodity trading adviser(s) by whom you are or were
employed; and

(ii) the date(s) of that employment.


(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')
9.If you are carrying on the business of an investment adviser as a sole proprietor, give the following particulars
of any investment representatives you employ or propose to employ-





1985 ed. Securities (Dealers. Investment Advisers
Partnerships and Representatives ) Rules



permitted to act as an investment adviser or commodity trading
adviser at any place outside Hong Kong?


(b) If so, state

(i) the place and date of application

(ii) whether the application was successful


(c) If the application was successful, indicate whether you are still
so registered, licensed, authorized or permitted.


(d) If you are not still -so registered, licensed, authorized or
permitted, give the reason(s).

(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')




(e) If the application was unsuccessful, state the reason(s), if
known to you.

1. (a) Are you or have you been a member of any stock or commodity
futures exchange in Hong Kong or elsewhere?


(b) if so, give details of-



(i) the name(s) of the exchange(s)

(5) the place of the exchange(s)

(iii) the date(s) on which you became a member of the
exchange(s)


(iv) the date(s) of termination of membership (if applicable)

(v) the reason(s) for termination of membership (if known).

(Answer 'Yes' or 'No')




(c)State the period during which you have actively participated in
dealing in securities or commodity futures in the above stock or
commodity futures exchange.


(d) Are you applying for membership of any stock or commodity
futures exchange in Hong Kong or elsewhere?


(e) If so, give the name(s) and address(es) of the exchange(s).


I declare that all information given by me in this application is true and correct.

Dated this - day of 19-

(Answer 'Yes' or 'No')




The applicant must affix a
recent passport size
photograph of himself here.

Signature


Name of the applicant

(in block letters)




FORM 5A

SECURITIES ORDINANCE

(Chapter 333)

SUPPLEMENTARY STATEMENT OF CONFIDENTIAL INFORMATION IN SUPPORT OF
AN APPLICATION BY AN INDIVIDUAL FOR REGISTRATION OR
RENEWAL OF REGISTRATION AS AN INVESTMENT ADVISER

IMPORTANT If you are in doubt as to how to complete this application, you should consult your solicitor o
other professional advisers.

WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment fora person who makes a false or misleading representation for the purpose
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

The following confidential information is given in support of the application to the Commissioner for Securities
for registration or renewal of registration as an investment adviser under Part VI of the Securities Ordinance.

Please answer the following questions-





(If there is insufficient space to complete your answer to any question, please continue. the answer on i
separate sheet of paper, specifying the question to which the sheet relates and add your signature. In addition,
there are any changes in the given information prior to the approval of this application, details of such change
should be immediately forwarded to the Commissioner for Securities.)

1. (a) Have you carried on as a sole proprietor any business during the
5 years preceding this application? (Those named in Question 3
of Form 5 need not be repeated here.)

(b) If so, give the following details-

(Answer 'Yes' or 'No')





2. (a)Have you carried on as a partner of a firm any business during
the 5 years preceding this application? (Those named in
Question 4 of Form 5 need not be repeated here.)

(b) If so, give the following details-


(Answer 'Yes' or 'No')






3. (a) Have you, during the 5 years preceding this application been a
director of any company or corporation, whether incorporated in
Hong Kong or elsewhere? (Those named in Question 5 of Form
5 need not be repeated here.)


(b) If so, give the following details-


(Answer 'Yes' or 'No-)



1985 Ed. Securities (Dealers, Investment advisers,
Partnerships and REpresentative) Rules



preceding this application, by any person, firm or corporation
otherwise than as a director?

(b) If so, give details of-

(i) the name of the employer

(ii)his or its name in Chinese (if applicable)

(iii) his or its principal business address (Post Office Box
numbers are not acceptable)

(iv) the nature of his or its business

(v)if the employer is or has been a registered person under Part VI
of the Securities Ordinance and/or Part IV of the Commodities
Trading Ordinance, type(s) of his registration and number(s)

(vi) the capacity in which you are or were employed


(Answer 'Yes' or 'No')





(viii) the date of termination of employment (if applicable)

(ix) the reason(s) for termination of employment (if applicable).


If you are still in employment, do you intend to remain in this
employment if your application to become an investment adviser
is successful?

5 (a)Have you ever been refused membership of a stock or
commodity futures exchange in Hong Kong or elsewhere?

(b) If so, state-

(i) the name(s) of the exchange(s)

(ii) place of the exchange(s)

(iii) the reason(s) for such refusal (if known).

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')




6. (a) Have you ever applied for registration with the Commissioner for
Securities?

(b)If so, state the type and the date of application. State whether
the application was approved. If not, state the reason(s) for such
refusal.


7. (a) Have you ever been adjudicated bankrupt in Hong Kong or
elsewhere?

(b) If so, give details of-


(i) the date of adjudication of bankruptcy

(5) the place of bankruptcy

(iii) name of court which made the adjudication

(iv) if you have been discharged-

(A) the date of discharge


(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')





(B) the conditions of discharge.

8. (a)Has a bankruptcy petition ever been served on you in Hong
Kong or elsewhere, which did not result in your being
adjudicated bankrupt?



(b)If so, specify details of the petition, including the date and the
court in which the petition was presented.

9. (a)Have you been censured or disciplined by any professional
body, in Hong Kong or elsewhere, to which you belong or
belonged?


(b) If so, give the details of the circumstances.
10. (a)Have you ever been involved in the affairs of any corporation in
Hong Kong or elsewhere, which is being or has been investigated
by an inspector or officer appointed under any enactment?

(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')




(b) If so, give details of the circumstances and findings.


11. (a) Are you engaged in any civil litigation, whether as plaintiff or
defendant in Hong Kong or elsewhere?

(b) If so, give details of the circumstances.


12. (a)Have you, in connexion with the formation or management of
any corporation, been adjudicated by a court in Hong Kong or
elsewhere, civilly liable for any fraud, misfeasance or other
misconduct towards that corporation or any member thereof or
been disqualified by order of such court from being a director, or
the equivalent in other jurisdiction?


(b) If so, give details of the circumstances.

(Answer 'Yes' or 'No-)
(Answer 'Yes' or 'No')




Hong Kong or elsewhere, which is being or has been
investigated in relation to any offence involving fraud or
dishonesty?

(b)If so, give details of the circumstances and findings.

14. (a)Have you ever, in Hong Kong or elsewhere, been a party to a
deed of arrangement or entered into any form of composition
with your creditors?


(b)If so, give details of the arrangement or composition.

15. Give the following particulars of-


(a) any judgment made against you in which fraud was alleged,
whether in Hong Kong or elsewhere

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')





(b)any unsatisfied judgment debts outstanding against you in
connexion with any business conducted by you, whether in
Hong Kong or elsewhere

(c) any unsatisfied judgment or court order requiring the payment of
damages or other sums of money in relation to any trade or
business carried on by you or in which you have been
concerned.

16. (a)Have you ever been convicted of an offence, other than a traffic
offence, in Hong Kong or elsewhere?


(b) If so, give the following details-

(Answer 'Yes' or 'No')








17. (a)To the best of your knowledge, has any corporation of which
you have been a director, whether in Hong Kong or elsewhere,
been wound up otherwise than by means of a members'
voluntary winding up, during the 5 years preceding this
application?


(Answer 'Yes' or 'No')




(b) If so, state-

(i) the mode of winding up

(ii) the reason(s) for winding up

(iii) the name(s) and address(es) of the liquidator(s).


18. Give the following details of each bank at which you keep or
propose to keep an account in connexion with
your business of an investment adviser.





I declare that all information given by me in this supplementary statement is true and correct.

Dated this - day of

19-

Signature


Name of the applicant

(in block letters)




FORM 5B

SECURITIES ORDINANCE

(Chapter 333)


REFERENCE IN SUPPORT OF AN APPLICATION BY AN INDIVIDUAL
FOR REGISTRATION AS AN INVESTMENT ADVISER

Note 1: Two references are required. One reference should be given by a director or manager of a
bank licensed
under the Banking Ordinance (Chapter 155), and the other, on a separate form, may be given by-


(a) a barrister or solicitor who has practised as such in Hong Kong for at least 5 years; or

(b) a professional accountant who has practised as such in Hong Kong for at least 5 years; or

(c) a justice of the peace.







Note 2: For persons who come from overseas to set up their investment advice business in Hong Kong, two
references are required. One reference should be given by a director or manager of a bank incorporated
or established outside Hong Kong; and the other, on a separate form, may be given by-

(a)the Chairman or a committee member of a stock exchange recognized by the Commission for the
purposes of section 65A(2)(a)(5) of the Ordinance;

(b) a legal practitioner who has practised as such for at least 5 years and his reference is
accepable to
the Commissioner; or


(c) a professional accountant who has practised as such for at least
5 years and his reference is
acceptable to the Commissioner.

WARNING - Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5 years'
imprisonment for a person who makes a false or misleading representation for the purposes of
obtaining, either for himself or any other person, registration under Part VI of the Ordinance.





To the Commissioner for Securities:


I .

of
(name of the referee)

(address and occupation of the referee)

have personally known

(name of the application for registration as an investment adviser)

for a period of not less than 12 months.

2. I came to know the applicant on

(approximate date on which the referee first met the appficant and the extent of the referee's

acquaintance with him)




3.To the best of my knowledge, the applicant is a person of good character and is a fit and proper person to be
registered as an investment adviser.

Dated this -day of 19---


Signature


Name of signatory

(in block letters)





FORM SC

SECURITIES ORDINANCE

(Chapter 333)

STATEMENT IN SUPPORT OF AN APPLICATION FOR REGISTRATION OR
RENEWAL OF REGISTRATION AS AN INVESTMENT ADVISER ACTING ON
BEHALF OF A CORPORATION

IMPORTANT --- If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.


WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.






1. The applicant


(name of applicant)

of -


(address of applicant)

is acting on behalf of


(business name of the corporation)

2.The information given by the applicant in Forms 5 and 5A is true and correct to the best of our knowledge
and belief.

3. The applicant is a fit and proper person *to be
registered/continue to be registered as an investment adviser.

4. If the applicant ceases to act on behalf of the corporation, we will notify the Commissioner for Securities in
accordance with section 63(3) of the Securities Ordinance.

Dated this - day of 19-







(Note: Two directors, including the Chairman, must sign.)

Signed on behalf of the corporation


Delete whichever is inapplicable.


Signature

Name of signatory


Capacity



Signature

Name of signatory

Capacity


(in block letters)

(in block letters)





FORM 6

SECURITIES ORDINANCE

(Chapter 333)

APPLICATION BY A CORPORATION FOR REGISTRATION
OR RENEWAL OF REGISTRATION AS AN INVESTMENT ADVISER
IMPORTANT---If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers
WARNING - Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.


Application is hereby made to the Commissioner for Securities for registration or renewal of registration as an
investment adviser under Part VI of the Securities Ordinance.





Please answer the following questions-

(If there is insufficient space to complete your answer to any question, please continue the answer on a separate
sheet of paper, specify the question to which the sheet relates and add the signature(s) of the directors authorized to
make the declaration. In addition, if there are any changes in the given information prior to the approval of this
application, details of such changes should be immediately forwarded to the Commissioner for Securities.)

1 . State-


(a) the name and any former names of the corporation

(b) the place of incorporation

(c) the date of incorporation


(d) if incorporated outside Hong Kong, whether the corporation has
registered with the Registrar of Companies in Hong Kong. If so,
give details of registration.




intends to carry on the business of an investment adviser-


(b)Give the following particulars if the corporation carries or has carried on a business of an investment
adviser or commodity trading adviser outside Hong Kong-






(c) State the address at which the company will keep the register
pursuant to section 67 of the Securities Ordinance.

(d) State the various type(s) of the business of an investment
adviser that the corporation carries on or proposes to do (e.g.
advising other persons concerning securities, issuing analyses or
reports concerning securities, etc.).


.3. (a) Is your corporation carrying on any business other than the
business of an investment adviser?

(b) If so, give the following details-

(Answer 'Yes' or 'No')





(c) Does your corporation intend to continue carrying on any of
the above business if its application to become an investment
adviser is successful?

4. (a)Is your corporation carrying on as a partner of a firm any
business other than the business of an investment adviser?

(b) If so, give the following details-


(Answer 'Yes' or 'No')
(Answer 'Yes- or 'No')





1985 Ed. Securities (Dealers, Investment Advisers
Partnerships and Representatives) Rules




(c)Does your corporation intend to continue carrying on any of
the above business if its application to become an investment
adviser is successful?





6. Give the following details of all persons, other than those named in Question 5 above, who have held office as
directors of the corporation during the.period of 5 years preceding the date of this application-







7. Give the details of all the existing (or proposed) investment representatives of the corporation-








8. Give details of the capital of the corporation as follows-

(a)the nominal capital, the class or classes into which it is divided
and the number of shares in each class





(b)the number of shares issued to date

(c) whether or not the shares are fully paid up

(d) if not, to what extent they are paid up

(e) whether or not any shares have been issued for a consideration
other than cash


(f) if so, how many and of what class and for what consideration.
-
9. (a)Has the corporation ever applied to be registered, licensed,
authorized or permitted to act as an investment adviser or
commodity trading adviser at any place outside Hong Kong?



(b) If so, state-

(i) the place and date of the application


(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')





(ii) whether the application was successful.

(c) If the application was successful, indicate whether the corporation
is still so registered, licensed, authorized or permitted.

(d) If the corporation has ceased to be so registered, licensed,
authorized or permitted, give the reason(s).


(e)If the application was unsuccessful, state the reason(s), if
known to you.



10(a) Is the corporation, or has the corporation been, a member of
any stock or commodity futures exchange in Hong Kong or
elsewhere?

(b) If so, give details of-

(i) the name(s) of the exchange(s)


(Answer 'Yes' or 'NO')

(Answer 'Yes' or 'No')


(Answer 'Yes' or 'No-)





(ii) the place of the exchange(s)

(iii)the date(s) on which the corporation became a member of
the exchange(s)

(iv) the date(s) of termination of membership (if applicable)

(v)the reason(s) for termination of membership (if known).

(c) Is the corporation applying for membership of any stock or
commodity futures exchanges in Hong Kong or elsewhere?

(d) If so, give the name(s) and address(es) of the exchange(s).


We declare that all information given by us in this application is true and correct.

Dated this - day of


19
(Answer 'Yes' or 'No')





(Note: Two directors, including the Chairman, must sign.)
*1. iwj -R- 1-P - f:,'~ ffi 1.5 1 1-~

Signed on behalf of the applicant corporation
a f ~ W lEP IP W W

Signature
lpt X_
YR

Name of signatory
i9P9- W- k kt ~5

Capacity
-4 f5~

Signature
tt W
Ost

Name of signatory
-9 A 4t ~9

Capacity
4 fff

(in block letters) GA 111 A:

(in block letters) GA4 ill Il: 411 )

(Note: This application must be accompanied by a board resolution signed by all members of the board.)
(a- : * IP -K -VI Al 9~ PR ~1.11 A * 95 It- M* A R W A A211 IA PA- )





FORM 6A

SECURITIES ORDINANCE

(Chapter 333)


SUPPLEMENTARY STATEMENT OF CONFIDENTIAL INFORMATION IN SUPPORT OF
AN APPLICATION BY A CORPORATION FOR REGISTRATION OR RENEWAL OF
REGISTRATION AS AN INVESTMENT ADVISER

IMPORTANT---If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.


WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

The following confidential information is given in support of the application to the Commissioner for Securities
for registration or renewal of registration as an investment adviser under Part VI of the Securities Ordinance.

Please answer the following questions-






(If there is insufficient space to complete your answer to any question, please continue the answer on a separate
sheet of paper, specify the question to which the sheet relates and add the signature(s) of the directors authorized
to make the declaration. In addition, if there are any changes in the given information prior to the approval of this
application, details of such changes should be immediately forwarded to the Commissioner for Securities.)


1 . (a) Has your ~orporation carried on any business during the 5 years
preceding this application? (Those named in Question 3 of Form
6 need not be repeated here)?

(b) If so, give the following details-


(Answer -Yes- or -No')





2. (a) Has your corporation carried on as a partner of a firm any
business during the 5 years preceding this application? (Those
named in Question 4 of Form 6 need not be repeated here.)

(b) If so, give the following details-


(Answer 'Yes' or 'No')





3. (a) Give the following details of shareholding of the corporation-






1985 Ed. Securities (Dealers, Investment Advisers
Partnerships and representatives ) Rules




(b)State the following particulars of the ultimate holding company:
name, registered office, country of incoporation, nature of
business, existing directors and six major shareholders.

(c)State the particulars of subsidiary and associated companies:
name, registered office, country of incorporation, nature of
business, existing directors and six major shareholders.


4. (a) Give the following particulars of any debentures created and
issued by the corporation-

(i) the date of issue

(ii)the amount of the debt secured by the debenture




(iv) the date of repayment of the loan






(v) the names of the debenture holders or trustees for the
debenture holders.

(b)State the total amount of any other charges created by the
corporation over its assets or any part of them.

5. (a)Has the corporation ever been refused membership of a stock or
commodity futures exchange in Hong Kong or elsewhere?

(b) If so, state-

(i) the name(s) of the exchange(s)


1 .

2.

3.

4.

5.

6.

(Answer 'Yes' or 'No')




(ii) place of the exchange(s)

(iii) the reason(s) for such refusal (if known).

6. (a)Has the corporation or any of the existing shareholders or
directors ever applied for registration with the Commissioner for
Securities?


(b) If so, state the date of application and where applicable the
names of the shareholders or directors. State whether the
application was approved. If not, state the reason(s) why the
application was refused.

7. (a)Have any of the directors of the corporation ever been
adjudicated bankrupt in Hong Kong or elsewhere?

(b) If so, give the following details-

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')




1985 Ed. Securities (Dealers, Investment Advisers,
Partnerships and Representativaes) Rules




directors of the corporation, in Hong Kong or elsewhere, which
did not result in his being adjudicated bankrupt?


(b) If so, give the following details of the petition-

(Answer -Yes' or 'No')






9. (a) Have any of the directors been censured or disciplined by any
professional body, in Hong Kong or elsewhere, to which he
belongs or belonged?

(b) If so, state the name(s) of the director(s) and details of the
circumstances.

10. (a) Have any of the directors ever been involved in the affairs of any
corporation in Hong Kong or elsewhere, which is being or has
been investigated by an inspector or officer appointed under any
enactment?

(b)If so, state the name(s) of the director(s) and details of 'the
circumstances and findings.

11. (a)Have any of the directors, in connexion with the formation or
management of any corporation, been adjudicated by a court in
Hong Kong or elsewhere, civilly liable for any fraud, misfeasance
or other misconduct towards such corporation or any member
thereof, or been disqualified by order of such court from being a
director, or the equivalent in other jurisdiction?


(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')






(b) If so, state the name(s) of the director(s) and details of the
circumstances.


12. (a) Have any of the direc tors ever been involved in the affairs of any
business, in Hong Kong or elsewhere, which is being or has
been investigated in relation to any offence involving fraud or
dishonesty?


(b) If so, give details of the circumstances and findings.


13. (a)Have any of the directors of the corporation ever, in Hong Kong
pr elsewhere, been a party to a deed of arrangement or entered
into any form of composition with his creditors?

(Answer 'Yes' or 'No')

(Answer 'Yes- or 'No')

(Answer 'Yes' or 'No')




(b) If so, give the following details-

14. Give the following particulars of-

(a) any judgment made against any of the directors of the
corporation in which fraud was alleged, whether in
Hong Kong or elsewhere-






(b)any unsatisfied judgment debts outstanding against any director of the corporation in connexion with any
business conducted by him, whether in Hong Kong or elsewhere-






(c)any unsatisfied judgment or court order requiring the payment of damages or other sums of money in
relation to any trade or business carried on by a director of the corporation or in which such a director has
been concerned-







15. (a) Have any of the directors ever been convicted of an offence,
other than a traffic offence, in Hong Kong or elsewhere?

(b) If so, give the following details-







Name and place of the court which
tried the offence


Court reference, if any

16. (a) To the best of your knowledge, has any corporation of which
any of the existing directors have held office, whether in Hong
Kong or elsewhere, been wound up otherwise than by means of
a members' voluntary winding up, during the 5 years preceding
this application?

(b) Is so, state-

(i) -the mode of winding up

(5) trie reasons for winding up

(iii) the name(s) and address(es) of the liquidator(s).

(Answer 'Yes' or 'No')




plaintiff or defendant?


(b) If so, give details of the circumstances.

18. (a)inspector or officer appointed under any enactment of HO
Kong or elsewhere?

19. (a)

Have the corporation's affairs ever been investigated by


(b) If so, give details of the circumstances and findings.

Has the corporation ever entered into any deed of arrangemen
or any form of composition with its creditors?

(b) If so, give details of arrangem6nt or composition.

20. (a)Has a petition ever been presented for winding up the
corporation?

(Answer 'Yes' or 'No-)

(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')





(b) If so, is it now pending or how was it disposed of?


21. (a) Has a receiver ever been appointed by the court or by a
debenture holder to manage the affairs of the corporation?

(b) If so, is the receiver still in possession of the corpc;ration's
assets?

22. (a) Are there unsatisfied judgment debts, or judgments or court
orders for the payment of damages or other sums of money,
outstanding against the corporation?

(b)If so, give the amount and full details.

23. (a)Has the corporation ever been convicted of any offence in Hong
Kong or elsewhere?


(b) If so, give the following details


(Answer 'Yes- or 'No')
(Answer 'Yes' or 'NO')

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')







24. Give details of every bank at which the corporation keeps
or proposes to keep an account in connexion with its
business of an investment adviser.







We declare that all information given by us in this supplementary statement is true and correct.


Dated this - day of




(Note: Two directors, including the Chairman, must sign.)


19-





Signed on behalf of the applicant corporation

Signature

Name of signatory

Capacity


Signature

Name of signatory


Capacity


(in block letters)

(in block letters)

(Note: This supplementary statement must be accompanied by a board resolution signed by all members of the board.)





FORM 7
SECURITIES ORDINANCE

(Chapter 333)


APPLICATION FOR REGISTRATION OR RENEWAL OF REGISTRATION
AS AN INVESTMENT ADVISERS' PARTNERSHIP

IMPORTANT---If you are in doubt as to how to complete this application, you should consult your solicitor or
other professional advisers.

WARNING---Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

Application is hereby made to the Commissioner for Securities for registration or renewal of registration as an
investment advisers' partnership under Part VI of the Securities Ordinance.

Please answer the following questions-





(If there is insufficient space to complete your answer to any question, please continue the answer on a
separate sheet of paper, specify the question to which the sheet relates and have it signed by all the general
partners. In addition, if there are any changes in the given information prior to the approval of this application,
details of such changes should be immediately forwarded to the Commissioner for Securities.)


Wherever and whenever the word 'partneC is used, it means all the partners of the partnership, whether
general or limited.

1 . State-


(a) the name and any former names of the partnership

(b) the place of its registration

(c) whether it is a general or limited partnership


(d) in the case of a general partnership, the date of its formation,
and in case of a limited partnership, the date of its registration
with the Registrar of Companies.






2. (a) Give the following particulars of the partnership's
principal place of business and of all offices in Hong
Kong where it intends to carry on the business of an investment advisers' partnership-



(b) Give the following particulars if the partnership carries or has carried on a business
of an investment
advisers' partnership or commodity trading advisers' partnership outside Hong Kong-







(c)State the address at which the partnership keeps the register
pursuant to section 67 of the Securities Ordinance.


(d) State the various type(s) of the business of an investment
advisers' partnership that it carries on or proposes to do (e.g.
advising other persons concerning securities, issuing analyses or
reports concerning securities, etc.).

3. (a)Is your partnership carrying on any business other than the
business of an investment advisers' partnership?

(Answer 'Yes' or 'No')




(b) If so, give the following details-

(c)Does your partnership intend to continue carrying on any of
the above business if its application to become an investment
advisers' partnership is successful?



4. Give the following particulars of all existing partners-

(Answer 'Yes' or 'No')






1985 Ed. Securities (Dealers, Investment Advisers
Partnerships and Represnetatives) Rules




1985ed. Securities(Dealers, Investment Advisers,
Partnerships and Representatives) Rules




5. Give the details of all the existing (or proposed) investment representatives of the partnership-




authorized or permitted to carry on the business of an
investment advisers' partnership or commodity trading advisers'
partnership at any place outside Hong Kong?


(b) If so, state-

(i) the place and date of the application

(ii) whether the application was successful.


(c)If the application was successful, indicate whether it is still so
registered, licensed, authorized or permitted.


(d)If the partnership has ceased to be so registered, licensed,
authorized or permitted, give the reason(s).

(e) If the application was unsuccessful, state the reason(s), if
known to you.

(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')



stock or commodity futures exchange outside Hong Kong?


(b) If so, give details of-

(i) the name(s) of the exchange(s)

(ii) the place of the exchange(s)



(iii)the date(s) on which the partnership became a member of
the exchange(s)

(iv) the date(s) of termination of membership (if applicable)

(v) the reason(s) for termination of membership (if known).

(c) Is the partnership applying for membership of any stock or
commodity futures exchanges outside Hong Kong?

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')





(d) If so, give the name(s) and the address(es) of the exchange(s).

We declare that all information given by us in this application is true and correct.


Dated this - day of

19-
(Note:This application must be signed by all the general partners. In addition, general partners of the investment
advisers' partnership must also hold registration as investment advisers and may only carry on the business
of an investment adviser in the name of that investment advisers' partnership.)


Signature


Name of general partner


(in block letters)





Signature


Name of general partner


(in block letters)

FORM 7A

SECURITIES ORDINANCE

(Chapter 333)

SUPPLEMENTARY STATEMENT OF CONFIDENTIAL INFORMATION IN SUPPORT OF
AN APPLICATION FOR REGISTRATION OR RENEWAL OF REGISTRATION
AS AN INVESTMENT ADVISERS' PARTNERSHIP

IMPORTANT--If you are in doubt as to how to complete this application,
you should consult your solicitor or other professional advisers.






WARNING - Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5

years imprisonment tor a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

The following confidential information is given in support of the application to the Commi~sioner for Securities
for registration or renewal of registration as an investment advisers' partnership under Part VI of the Securities
Ordinance.

Please answer the following questions-


(If there is insufficient space to complete your answer to any question, please continue the answer on a
separate sheet of paper, specify the question to which the sheet relates and have it signed by all the general
partners. In addition, if there are any changes in the given information prior to the approval of this application,
details of such changes should be immediately forwarded to the Commissioner for Securities.)
limited.

Wherever and whenever the word 'partneC is used, it means all paitners of the partnership, whether general or







1 . (a) Has your partnership carried on any business during the 5 years
preceding this application? (Those named in Question 3 of Form
7 need not be repeated here.)

(b) If so, give the following details-





or commodity futures exchange outside Hong Kong?

(b) If so, state-

(i) the name(s) of the exchange(s)

(ii) place of the exchange(s)
(iii) the reason(s) for the refusal of the application (if known).

3. (a)Has the partnership or any of its existing partners ever applied
for registration with the Commissioner for Securities?


(b)If so, state the name of the applicant and the date of application.
State whether the application was approved. If not, state the
reason(s) why the application was refused.

(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')



Kong or elsewhere?

(b) If so, give the following particulars-


(Answer 'Yes' or 'No-)





5. (a)Has a bankruptcy petition ever been served on any existing
partner, in Hong Kong or elsewhere, which did not result in his
being adjudicated bankrupt?



(b) If so, give the following details of the petition-

(Answer 'Yes' or 'No')








6. (a) Has any existing partner been censured or disciplined by any
professional body, in Hong Kong or elsewhere, to which he
belongs or belonged?


(b)If so, state the name(s) of the partner(s) and details of the
circumstances.

(Answer 'Yes' or 'No')




corporation in Hong Kong or elsewhere, which is being or has
been investigated by an inspector or officer appointed under any
enactment?


(b) If so, state the name(s) of the partner(s) and details of the
circumstances and findings.
AL 0JJ

8. (a) Is any existing partner, in connexion with the business of the
partnership, engaged in any civil litigation, whether as a plaintiff
or defendant?


(b) If so, give details of the circumstances.

9. (a)Has any existing partner, in connexion with the formation or
management of any corporation, been adjudicated by a court in
Hong Kong or elsewhere, civilly liable for any fraud, misfeasance

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')




or other misconduct towards such corporation or any member
thereof, or been disqualified by order of such court from being a
director, or the equivalent in other jurisdiction?


(b) If so, state the name(s) of the partner(s) and details of the
circumstances.

10. (a)Has any existing partner ever been involved in the affairs of any
business in Hong Kong or elsewhere, which is being or has been
investigated in relation to any offence involving fraud or
dishonesty?


(b)If so, give the name of the partners and the details of
circumstances and findings.

(Answer 'Yes' or 'No')
(Answer 'Yes' or 'No')




a party. to a deed of arrangement or entered into any form of
composition with his creditors?

(b) If so, give the following details-

(Answer 'Yes' or 'No')



12. Give the following particulars of-


(a) any judgment made against any existing partner in which
fraud was alleged, whether in Hong Kong or
elsewhere-






(b)any unsatisfied judgment debts outstanding against any existing partner in connexion with any business
conducted by him, whether in Hong Kong or elsewhere-





(c) any unsatisfied judgment or court order requiring the payment of damages or other sums of money in
relation to any trade or business carried on by an existing partner, or in which such a partner has been
concerned-





13. (a) Has any existing partner ever been convicted of an offence,
other than a traffic offence, in Hong Kong or elsewhere?

(b) If so, give the following details-



(Answer 'Yes' or 'No')





14. (a)To the best of your knowledge, has any corporation of which
any of the existing partners have held office, whether in Hong
Kong or elsewhere, been wound up otherwise than by. means of
a members' voluntary winding up, during the 5 years preceding
this application?

(Answer 'Yes' or 'No')




(b) If so, state-

(i) the mode of winding up

(ii) the reasons for winding up

(iii) the name(s) and address(es) of the liquidator(s).


15. (a) Is the partnership engaged in any civil litigation, whether as
plaintiff or defendant?

(b) If so, give details of the circumstances.


16. (a)Have the partnership's affairs ever been investigated by an
inspector or officer appointed under any enactment of Hong
Kong or elsewhere?


(b) If so, give details of the circumstances and findings.

(Answer 'Yes' or 'No')
(Answer -Yes- or 'No')




17.Give details of every bank at which the partnership keeps or proposes to keep an account in connexion with its
business of an investment advisers' partnership-


We declare that all information given by us in this supplementary statement is true and correct.

Dated this - day of 19






(Note: This supplementary statement must be signed by all the general partners. In addition, general partners of
the investment advisers' partnership must also hold registration as investment advisers and may only carry

Signature
Name of general partner (in block letters)

Signature

Name of general partner


(in block letters)






FORM 8

SECURITIES ORDINANCE

(Chapter 333)


APPLICATION BY AN INDIVIDUAL FOR REGISTRATION
OR RENEWAL OF REGISTRATION AS AN INVESTMENT REPRESENTATIVE

IMPORTANT If you are in doubt as to how to complete this appjication, you should consult your solicitor or
other professional advisers.


WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Pari VI of the Ordinance.


Application is hereby made to the Commissioner for.Securities for. registration or renewal of registration as an
investment representative under Part VI of the Securities Ordinance.






Please answer the following questions-

(If there is insufficient space to complete your answer to any question, please continue the answer on a
separate sheet of paper, specify the question to which the sheet relates and add your signature. In addition, if there
are any changes in the given information prior to the approval of this application, details of such changes should be
immediately forwarded to the Commissioner for Securities.)

1. State-


(a) in English your present surname (please underline) and other
names (including any aliases), and previous names by which
known.


(b)if applicable, your name in Chinese and code number


(c) your residential address and telephone number





(d) place of birth


(e) whether or not you are over 21 years of age

(f) if you are not over 21, your date of birth



(g) your Hong Kong identity card number or passport number

(h) your nationality


(i) the period for which you have been ordinarily resident in Hong
Kong.

2. State-


(a)the address and telephone number of each place at or from which
you carry on or intend to carry on business as an investment
representative (Post Office Box numbers are not acceptable)

(Answer 'Yes' or 'No')




Tei. No.

2.

Tei. No.


3.

Tei. No.


(b)the address at which you will keep the register pursuant to
section 67 of the Securities Ordinance.

3. Give the following details of your employer-


(a) name of the employer


(b)name of the employer in Chinese (if applicable)


(c) business name of the employer






(d) business address of the employer


(e) capacity in which you are employed


(f) date of commencement of employment.


4. (a) Are you carrying on as a sole proprietor any business other than
the business of an investment adviser?


(b) If so, give the following details-
(Answer 'Yes' or 'No')








(c)Do you intend to continue carrying on any of the above
business if your application to become an investment
representative is successful?

5. (a)Are you carrying on as a partner of a firm any business other
than the business of an investment adviser?


(b) If so, give the following details-

(Answer 'Yes- or 'No')
(Answer 'Yes' or 'No')







(c)Do you intend to continue carrying on any of the above
business if your application to become an investment
representative is successful?

(Answer 'Yes' or 'No')




6. (a) Are you a director of a corporation whose business is not that of
an investment adviser, whether incorporated in Hong Kong or
elsewhere?

(b) If so, give the following details-


(Answer 'Yes' or 'No')







(c)Do you intend to remain as a director of any of these corporations
if your application to become an investment representative is
successful?

7.State any professional, technical or academic qualifications that you
hold which have a bearing on giving investment advice, together
with respective dates.

8. How many years of experience as an investment adviser do you have
and give details of your experience.


(Answer 'Yes' or 'No')




9. (a) Are you or have you worked as-

(i) an investment representative for a person registered as an
investment adviser under the Securities Ordinance in Hong
Kong?

(5) a commodity trading adviser's representative for a person
registered as a commodity trading adviser under the
Commodities Trading Ordinance in Hong Kong?


(b) If so, state-

(i) the name 'Of the registered investment adviser(s)
commodity trading adviser(s) by whom you are or were
employed; and

(ii) the date(s) of that employment.


10. (a) Have you ever applied to be registered, licensed, authorized or
permitted to act as an investment adviser or commodity trading
adviser at any place outside Hong Kong?


(Answer 'Yes' or 'No')
(Answer 'Yes- or 'No')
(Answer 'Yes- or 'No')




(b) If so, state-

(i) the place and date of application

(ii) whether the application was successful.


(c) If the application was successful, indicate whether you are still
so registered, licensed, authorized or permitted.


(d) If you are not still so registered, licensed, authorized or
permitted, give the reason(s).

(e)If the application was unsuccessful, state the reason(s), if
known to you.
1. (a)Are you or have you been a member of any stock or commodity
futures exchange in Hong Kong or elsewhere?

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')

(Answer 'Yes' or 'No')





(b) If so, give details of-


(i) the name(s) and address(es) of the exchange(s)

(5) the date(s) on which you became a member

(iii) the. date(s) of termination of membership (if applicable)

(iv) the reason(s) for termination of membership (if known).

(c) State the period during which you have actively participated in
dealing in securities or commodity futures in the above stock or
commodity futures exchange(s).

(d) Are you applying for membership of any stock or commodity
futures exchange(s) in Hong Kong or elsewhere?


(e)If so, give the name(s) and the address(es) of the exchange(s).

(Answer'*Yes' or 'No')




I declare that all information given by me in this application is true and correct.

Dated this day of 19
M

The applicant must affix a
recent passport size
photograph of himself
here.

Signature

Name of the applicant

(in block letters)





FORM 8A

SECURITIES ORDINANCE

(Chapter 333)

SUPPLEMENTARY STATEMENT OF CONFIDENTIAL INFORMATION IN SUPPORT OF
AN APPLICATION BY AN INDIVIDUAL FOR REGISTRATION OR RENEWAL OF REGISTRATION
AS AN INVESTMENT REPRESENTATIVE

IMPORTANT - If you are in doubt as to how to complete this application, you should consult your solicitor or other
professional advisers.

WARNING - Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5 years'
imprisonment for a person who makes a false or misleading representation for the purposes of
obtaining, either for himself or any other person, registration under Part VI of the Ordinance.

The following confidential information is given in support of the application to the Commissioner for Securities for
registration or renewal of registration as an investment representative under Part VI of the Securities Ordinance.





Please answer the following questions-



(if there is insufficient space to complete your answer to any question, please continue the answer on a

separate sheet of paper, specify the question to which the sheet relates and add your signature. In addition, if there
are any changes in the given information prior to the approval of this application, details of such changes should be
immediately forwarded to the Commissioner for Securities.)


1 . (a) Have you carried on as a sole proprietor any business during the
5 years preceding this application? (Those named in Question 4
of Form 8 need not be repeated here.)

(b) If so, give the following details- (Answer 'Yes' or 'No')









2. (a)Have you carried on as a partner of a firm any business during the 5
years preceding this application? (Those named in Question 5 of Form 8
need not be repeated here.)


(Answer 'Yes' or 'No')

(b) If so, give the following details-







3. (a)Have you, during the 5 years preceding this application, been a director
of any corporation, whether incorporated in Hong Kong





or elsewhere? (Those named in Question 6 of Form 8 need not
be repeated here.)


(Answer 'Yes' or 'No')

(b) If so, give the following details-







4. (a)Are you employed, or have you been employed during the 5 years
preceding this application, by any person, firm or any corporation
otherwise than as a director?


(Answer 'Yes' or 'No')
(b) If so, give details of-

(i) the name of the employer

(ii) his or its name in Chinese (if applicable)





(iii) his or its principal business address



(iv) the nature of his or its business


(v)if the employer is or has been a registered person under Part VI of
the Securities Ordinance or Part IV of the Commodities Trading
Ordinance, type(s) of his registration and number(s)

(vi)the capacity in which you are or were employed






(ix) the reason(s) for termination of employment (if known).

(c) If you are still in employment, do you intend to remain in this
employment if your application to become an investmentrepresentative is successful?


(Answer 'Yes' or 'No')



exchange in Hong Kong or elsewhere?


(Answer 'Yes' or 'No')



(b) If so, state-

(i) the name(s) of the exchange(s)

(ii) place of the exchange(s)

(iii) the reason(s) for such refusal (if known).

6. (a)Have you ever applied for registration with the Commissioner for
Securities?


(Answer 'Yes' or 'No')

(b)If so, state the type and the date of application. State whether the
application was approved. If not, state the reason(s) for such refusal.





(Answer 'Yes' or 'No')


(b) If so, give details of-


(i) the date of adjudication of bankruptcy

(ii) the place of bankruptcy


(iii) name of court which made the adjudication

(iv) if you have been
discharged

(A) the date of discharge

(B) the conditions of discharge.

8. (a) Has a bankruptcy petition ever been served on you in Hong
Kong or elsewhere, which did not result in your being

adjudicated bankrupt?

(Answer 'Yes' or 'No')







(b) If so, specify details of the petition, including the date and the
court in which the petition was presented.


9. (a)Have you been 'censured or disciplined by any professional body, in
Hong Kong or elsewhere, to which he belongs or belonged?


(b) If so, give the details of the circumstances.

(Answer 'Yes' or 'No')

10. (a) Have you ever been involved in the affairs of any corporation in
Hong Kong or elsewhere, which is being or has been
investigated by an inspector or officer appointed under any
enactment?

(Answer 'Yes' or 'No')

(b) If so, give details of the circumstances and findings.


11. (a) Are you engaged in any civil litigation, whether as plaintiff or
defendant in Hong Kong or elsewhere?

(Answer 'Yes' or 'No')





(b) If so, give details of.the circumstances.

12. (a)Have you, in connexion with the formation or management of any
corporation, been adjudicated by a court in Hong Kong or elsewhere,
civilly liable for any fraud, misfeasance or other misconduct towards that
corporation or any member thereof or been disqualified by order of such
court from being a director, or the equivalent in other jurisdiction?


(Answer 'Yes' or 'No')

(b) If so, give details of the circumstances.


13. (a) Have you ever been involved in the affairs of any business in
Hong, Kong or elsewhere which is being or has been
investigated in relation to any offence involving fraud or
dishonesty?.

(Answer 'Yes' or 'No')




(b) If so, give details of the circumstances and findings.


14. (a)Have you ever, in Hong Kong or elsewhere, been a party to a deed of
arrangement or entered into any form of composition with your creditors?

(Answer 'Yes' or 'No')

(b) If so, give details of the arrangement or composition.

15. Give the following particulars of-

(a)any judgment made against you in which fraud was alleged, whether in
Hong Kong or elsewhere


(b)any unsatisfied judgment debts outstanding against you in connexion
with any business conducted by you, whether in Hong Kong or
elsewhere





(c)any unsatisfied judgment or court order requiring the payment of
damages or other sums of money in relation to any trade or business
carried on by you or in which you have been concerned.


16. (a)Have you ever been convicted of an offence, other than a traffic offence, in
Hong Kong or elsewhere?



(Answer 'Yes' or 'No')

(b) If you have, give the following details






17. (a)To the best of your knowledge, has any corporation of which you have
been a director, whether in Hong Kong or elsewhere, been wound up,
otherwise than by means of a members' voluntary winding up, during the
5 years preceding this application?

(Answer 'Yes' or 'No')

(b) If so. state-

(i) the mode of winding up


(ii) the reasons for winding up

(iii) name(s) and address(es) of liquidator(s).





1 declare that all information given by me in this supplementary statement is true and correct.


Dated this - day of 19-


Signature


Name of the applicant

(in block letters)




FORM 813


SECURITIES ORDINANCE


(Chapter 333)


STATEMENT IN SUPPORT OF AN APPLICATION BY AN INDIVIDUAL FOR
REGISTRATION OR RENEWAL OF REGISTRATION AS
AN INVESTMENT REPRESENTATIVE

IMPORTANT - If you are in doubt as to how to complete this application, you should consult your solicitor or other professional
advisers.


WARNING Section 62 of the Securities Ordinance makes it an offence punishable with a maximum of 5
years' imprisonment for a person who makes a false or misleading representation for the purposes
of obtaining, either for himself or any other person, registration under Part VI of the Ordinance.






1 . The applicant (Name) of (Address)

has been employed by me as an investment representative as from (Date)

2.The information given by the applicant is correct to the best of my knowledge and belief.


3.The applicant is a fit and proper person *to be registered/continue to be registered as an investment representative.


4.If the applicant ceases to be employed by me, I undertake to notify the Commissioner for Securities in writing of that fact
immediately.






Dated this - day of 19-

Signature

Name of employer of the applicant

(in block letters)


Employer's Registration No. as an investment adviser

If a representative it employed by a corporation, a director must sign this statement.

Delete whichever is inapplicable.





FORM 9

SECURITIES ORDINANCE

(Chapter 333)

NOTICE OF CHANGE OF BUSINESS ADDRESS
WARNING -Section 63(1) (a) and (5) of the Securities Ordinance makes it an offence, punishable with a fine of up to
$2,000, for a dealer, an investment adviser or any partner of the dealing partnership or investment
advisers' partnership who fails to notify the Commissioner for Securities in writing of any change of
business address.

Notice is hereby given to the Commissioner for Securities pursuant to section 63(1)(a) of the Securities

Ordinance that has ceased

(state the name of the registered person)

to carry on business as *a dealer/a dealing partnership/an investment adviser/an investment advisers' partnership





at

(state the business address previously notified to the Cornissioner)

as from (date) and is now carrying on business at (state new business
address)




Dated this - day of 19-





(Note: This notice must be signed by all general partners.)


Signature


Name of signatory
(in block letters)
Capacity



Registration No.

Delete whichever is inapplicable.




FORM 10A



SECURITIES ORDINANCE

(Chapter 333)

NOTICE OF CHANGE OF INFORMATION PURSUANT TO SECTION 63(1)(b) REQUIRED TO BE GIVEN
BY A REGISTERED *DEALER/INVESTMENT ADVISER WHO IS AN INDIVIDUAL


$2,000, for a dealer or an investment adviser who fails to notify the Commissioner for Securities in writing
of any change of information supplied in or in connexion with his application for registration or renewal of
registration, being information prescribed by regulations.



Notice is hereby given to the Commissioner for Securities by

(State name of registered person)





(Registration No. ) pursuant to section 63(1 )(b) of the Securities Ordinance that-

*(a) my *name/business name *has been changed/will be changed from (state former or existing name) to

(state new name)

with effect from
(date)


*(b) I have become a member of the following stock or commodity
futures exchange(s) in Hong Kong or
elsewhere-






*(c) I have ceased to be a member of the following stock or
commodity futures exchange(s) in Hong Kong or
elsewhere-







*(d) I have become a plaintiff or defendant in the following civil litigations


(state particulars of the litigations)

*(e) I have been convicted of the following offences, other than a traffic offence





*(f) I am involved in the affairs of the following corporation(s) in Hong Kong or elsewhere which is being

investigated by an inspector or officer appointed under any enactment-

(give names ofthe corporations and details of circumstances)

*(g) A bankruptcy petition is served on me, with particulars as follows



(give particulars of petition)




Dated this - day of 19-

Signature


Name of signatory (in block letters)

Delete whichever is inapplicable.




FORM 10B

SECURITIES ORDINANCE

(Chapter 333)

NOTICE OF CHANGE OF INFORMATION PURSUANT TO SECTION 63(1)(b) REQUIRED
TO BE GIVEN BY A REGISTERED *DEALER/INVESTMENT ADVISER WHICH IS A CORPORATION


$2,000, for a dealer or an investment adviser who fails to notify the Commissioner for Securities in writing
of any change of information supplied in or in connexion with its application for registration or renewal of
registration, being information prescribed by regulations.


Notice is hereby given to the Commissioner for Securities by (state name of corporation)





(Registration No. pursuant to section 63(1 )(b) of the Securities Ordinance that-


*(a) the name of the corporation *has been changed/will be changed from

(state former or existing name)
to

(state new
name) with effect from

(date)

(b)the corporation has become a member of the following stock or commodity futures exchan.ge(s) in Hong Kong
or elsewhere







*(c)the corporation has ceased to be a member of the following stock or commodity futures exchange(s) in Hong Kong or
elsewhere







*(d) there is a change of the corporation's ultimate holding company, with details as follows



(state particulars of change)

*(e) there is a change in the corporation's nominal or issued share capital, with details as follows-

(state details of change)

*(f) the corporation has become a plaintiff or defendant in the following civil litigation(s)

(state particulars of the litigations)








*(g) a winding-up petition is served on the corporation, with details as follows

(state details of the petition)

Dated this day of 19---


(Note: Two directors, including the Chairman, must sign.)







Signed on behalf of the corporation

Signature


Name of signatory

(in block letters)

Capacity

Signature


Name of signatory (in block letters)

Delete whichever is inapplicable. Capacity





FORM 10C

SECURITIES ORDINANCE.

(Chapter 333)


NOTICE OF CHANGE OF INFORMATION PURSUANT TO SECTION 63(1)(b) REQUIRED TO BE GIVEN
BY A REGISTERED *DEALING PARTNERSHIP11INVESTM ENT ADVISERS' PARTNERSHIP


WARNING -Section 63(1)(b) and (5) of the Securities Ordinance makes it an offence, punishable with a fine of

up to $2,000, for any partner of a dealing partnership or an investment advisers' partnership who
fails to notify the Commissioner for Securities in writing of any change of information supplied in or
in connexion with its application for registration or renewal of registration, being information
prescribed by regulations.

Notice is hereby given to the Commissioner for Securities by
(state name of
partnership)





(Registration No. ) pursuant to section 63(1)(b) of the Securities Ordinance that-


*(a) the name of the partnership *has been changed/will be changed from (state former or existing name)

to
(state new name)

with effect from
(date)


*(b) the partnership has become a member of the following stock or commodity futures exchange(s)




*(c) the partnership has ceased to be a member of the following
stock or commodity futures exchange(s)







*(d) there is a change in the capital distribution of the partners, with details as follows

(state particulars of change)

the partnership has become a plaintiff or defendant in the following civil litigation(s)

(state particulars of the litigations)

Dated this - day of 19-







(Note: This notice must be signed by all general partners.)

Signature


Name of general partner (in block letters)

Signature

Name of general partner

(in block letters)



Delete whichever is inapplicable.






FORM 11

SECURITIES ORDINANCE

(Chapter 333)

NOTICE OF CESSATION OF BUSINESS


$2,000, for a dealer, an investment adviser or any partner of the dealing partnership or investment advisers'
partnership Who fails to notify the Commissioner for Securities in writing of cessation of business.



Notice is hereby given to the. Commissioner for Securities pursuant to section 63(2) of the Securities Ordinance

that
(state the name of the registered
person)

as from 19-, will *cease/has ceased to carry on a business of *dealing in

securities/as an investment adviser.






Dated this - day of 19-

(Note: This notice must be signed by all general partners.)

Signature


Name of signatory (in block letters)




Capacity

Delete whichever is inapplicable. Registration No.

FORM 12

SECURITIES ORDINANCE
(Chapter 333)


NOTICE OF CHANGE OF DIRECTOR OF CORPORATION REGISTERED
AS *A DEALER/AN INVESTMENT ADVISER


$2,000, for a corporation registered as a dealer or an investment adviser who fails to notify the
Commissioner for Securities in writing within 7 days if any director of the corporation ceases to hold office
or any person is appointed as such a director.





Notice is hereby given to the Commissioner for Securities by
(State name of the corporation)

pursuant to section 63(3) of the Securities Ordinance that-


*(a)the following persons have ceased to be directors of the corporation




*(b) the following persons have been appointed as directors of the corporation







Dated this day of 19


(Note: For a corporation, two directors, one of whom is the Chairman, must sign.)





Signed on behalf of the corporation

Signature


Name of signatory (in block letters)

Capacity

Signature


Name of signatory (in block letters)

Capacity

Delete whichever is inapplicable.




FORM 13

SECURITIES ORDINANCE

(Chapter 333)


NOTICE BY A REPRESENTATIVE OF CO MMENCEMENT OR
CESSATION OF EMPLOYMENT AS A REPRESENTATIVE


for a dealer's representative or an investment representative who fails to notify the Commissioner for
Securities in writing within 7 days of commencement or cessation of employment with a dealer or an
investment adviser.



Notice is herey.given to the Commissioner for Securities pursuant to section 63(4) of the Securities Ordinance that





*(a) I ceased to be the representative of

(state name of the dealer or investment adviser, as the case may be)

of
(address)

who is registered as *a dealer/an investment adviser (Registration No. with

effect from
(date)



*(b) I became the representative of

(state name of the dealer or investment adviser, as the case may be)

of
(address)

who is registered as *a dealer/an investment adviser (Registration No. )

with

effect from
(date)







Dated this - day of 19-

Signature



Name of Representative
(in block letters)

Registration No., if any

Delete whichever is inapplicable.






FORM 14


SECURITIES ORDINANCE

(Chapter 333)

NOTICE BY A DEALER OR AN INVESTMENT ADVISER OF COMMENCEMENT OR
CESSATION OF EMPLOYMENT OF A REPRESENTATIVE


$2,000, for a dealer or an investment adviser who fails to notify the Commissioner for Securities in writing
within 7 days of commencement or cessation of employment of his/its representatives.


Notice is hereby given to the Commissioner for.Securities by

(state name of *dealer or investment adviser)

(Registration No. ) pursuant to section 63(4) of the Securities Ordinance that-





*(a)............ (state name of *dea;er's representative or investment representive,

as the case may be) of (address) whose registration number is

ceased to be the representative of (state name of *dealer or investment adviser)

(registration NO. )

with effect from ............ (Date) .....


*(b) ..........(state name of *dealer's representative or investment representative,

as the case may be) whose registration number is

became the representativae or (state name of *dealer or

investment adviser) (Registration No. )

with effect from (date)





Dated this day of 19-


Signature



Name of signatory

(in block letters)

Delete whichever is inapplicable. Capacity







FORM 15

SECURITIES ORDINANCE

(Chapter 333)

NOTICE OF CHANGES IN PARTNERS OF A REGISTERED *DEALING PARTNERSHIP/
INVESTMENT ADVISERS' PARTNERSHIP


registered dealing partnership or an investment advisers' partnership who fails to notify the Commissioner for
Securities in writing of changes in partners.


Notice is hereby given to the Commissioner for Securities by

(State name of the partnership)

pursuant to section 54A(1) or 63(4A) of the Securities Ordinance that-






*(a) the following persons have joined the partnership







*(b) the following persons have ceased to be partners





*(c) he partnership is dissolved by an order of the Court on

(date
) he case number of which is


*(d) he following partners, remaining as new partners, desire to continue carrying on the business of *dealing )artnership/investment advisers' partnership, for the purpose of section 54A of the Ordinance--

(state names of all concerned and whether they are to be general or limited
partners)







Dated this day of 19---


(Note:This notice must be signed by all the existing general partners or where paragraph (d) above is applicable, by all those
who are to be general partners stated therein.)



Signature

Name of general partner





Signature

Name of general partner

(in block letters)

Delete whichever is inapplicable.

FORM 15A


SECURITIES ORDINANCE


(Chapter 333)


NOTICE BY FORMER PARTNER OF *A DEALING PARTNERSHIP/
AN INVESTMENT ADVISERS' PARTNERSHIP


$2,000, for the former partners of a registered dealing partnership or an investment advisers' partnership,
or their personal representatives if they are deceased, who fail to notify the Commissioner for Securities
in writing of changes in partners.






Notice is hereby given to the Commissioner for Securities pursuant to section 63(4A) of the Securities

Ordinance that
(state narne of former partner)

has ceased to be a partner of (state name of partnership)

with effect from
(date)



Dated this - day of







(Note: When the former partner has died, this notice should be signed by his personal representative.)


Signature


Name of signatory (in block letters)

Capacity

Registration No.
of the former partner





FORM 16


SECURITIES ORDINANCE


(Chapter 333)

NOTICE OF CHANGE OF BUSINESS ADDRESS OF REPRESENTATIVE


with a fine of up to $2,000, for a dealer's representative or an investment representative who fails to notify
the Commissioner for Securities in writing within 7 days of any change of business address.


Notice is hereby given to the Commissioner for Securities pursuant to regulation 9 of the Securities

(Miscellaneous) Regulations that

(state the name of the dealer's representative or investment representative)





has ceased to carry on business as *a dealer's representative/an investment representative

at (state the business address

previously notified to the Commissioner)

and is now carrying on business at
(state new business address)


Dated this - day of 19-





Signature


Name of signatory

(in block letters)

Capacity

Delete whichever is inapplicable. Registration No.

L.N. 304/85. L.N. 339/85. Citation. Directors in forms. General requirements for forms lodged with the Commissioner. Schedule. Application for registration or renewal registration. Particulars to be entered in registers. Inspection of register, etc, Correction of errors. Duplicate certificate of registration. Information provided by dealers, etc.

Abstract

L.N. 304/85. L.N. 339/85. Citation. Directors in forms. General requirements for forms lodged with the Commissioner. Schedule. Application for registration or renewal registration. Particulars to be entered in registers. Inspection of register, etc, Correction of errors. Duplicate certificate of registration. Information provided by dealers, etc.

Identifier

https://oelawhk.lib.hku.hk/items/show/3261

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

316
]]>
Tue, 23 Aug 2011 18:32:40 +0800
<![CDATA[SECURITIES (STOCK EXCHANGE LISTING) (APPROVED SHARE REGISTRAR) RULES]]> https://oelawhk.lib.hku.hk/items/show/3260

Title

SECURITIES (STOCK EXCHANGE LISTING) (APPROVED SHARE REGISTRAR) RULES

Description






SECURITIES (STOCK EXCHANGE LISTING) (APPROVED
SITARE REGISTRAR) RULES

(Cap. 333, section 14)

[27 August
1976.]

1. These rules may be cited as the Securities (Stock Exchange Listing)
(Approved Share Registrar) Rules.

2. In these rules, unless the context otherwise requires

'approved share registrar' means a share registrar who is a member of an
association of persons approved, for the purposes of these rules, by the
Commissioner under rule 3;

11 company' means a company limited by shares whether incorporated in Hong
Kong or elsewhere;

',share registrar' means any person who maintains in Hong Kong the register of
members of a company the securities of which are listed on a stock
exchange.

3. (1) The Commissioner may approve an association of persons as an
association each of whose members shall be an approved share registrar for the
purposes of these rules.

.(2) The Commissioner may cancel the approval of any association of
persons approved under paragraph (1).

(3) The Commissioner shall maintain a list of associations of persons
approved under paragraph (1).

4. No application by a company (whenever made) for the listing of its
securities on a stock exchange shall, on or after the 1st September 1976, be
approved by the stock exchange to which


the application was made unless the company is an approved share registrar or
employs an approved share registrar as its share registrar.

5. (1) Where before the 1st September 1976 the securities of a company
are listed on a stock exchange and the company on such date is not an approved
share registrar or does not employ an approved share registrar, the stock
exchange concerned shall suspend dealings in those securities on the 1st
December 1976 or on the expiry of the 21 days' notice given under
paragraph (2), whichever is the later, unless before then the company
becomes an approved share registrar or employs an approved share registrar as
its share registrar.

(2) Before suspending dealings in the securities of a company under
paragraph (1) the stock exchange shall give notice in writing to the company
warning the company of its intention to suspend dealings in the securities of
the company unless, before the 1st







December 1976 or before the expiry of a period of 21 days from the
date of the notice, whichever is the later, the company becomes an
approved share registrar or employs an approved share registrar as
its share registrar.

(3) If a stock exchange fails or neglects to give notice to a
company under paragraph (2) before the 1st December 1976, the
Commissioner may require the stock exchange to give such notice
and the stock exchange shall forthwith comply with such require-
ment, or the Commissioner may himself give 21 days' notice in
writing to the company containing a warning similar to that required
under paragraph (2) and such notice shall, for the purposes of
paragraph (1), be deemed to be a notice under paragraph (2).

6. (1) Where the securities of a company are listed on a stock
exchange on or after the 1st September 1976, and thereafter the
company ceases either to be an approved share registrar or to
employ an approved share registrar, the stock exchange concerned
shall suspend dealings in those securities unless within 3 months
after the date on which the stock exchange first learned of such
cessation or before the expiry of the 21 days' notice given under
paragraph (2), whichever is the later, the company becomes an
approved share registrar or employs an approved share registrar as
its share registrar.

(2) Before suspending dealings in the securities of a company
under paragraph (I) the stock exchange shall give notice in writing
to the company warning the company of its intention to suspend
dealings in the securities of the company unless, before the date
specified in the notice, being the date on which the period of 3
months specified in paragraph (1) expires, or within 21 days from the
date of the notice, whichever is the later, the company becomes an
approved share registrar or employs an approved share registrar as
its share registrar.

(3) The Commissioner may require a stock exchange to give
notice under paragraph (2) to a company specified in paragraph (1)
which has ceased either to be an approved share registrar or to
employ an approved share registrar if, in the opinion of the
Commissioner, the stock exchange has failed or neglected to do so
within a reasonable time, and the stock exchange shall forthwith
comply with such requirement.

6A. (1) The Commission may exempt all or any particular
class of securities issued by a specified company from all or any of
the provisions of these rules.

(2) An exemption made under paragraph (1) shall be notified
in writing by the Commission to the specified company and to the
stock exchange on which the exempted class of securities are, or are
intended to be, listed.





(3) The Commission may withdraw any exemption made under paragraph
(1), and such withdrawal shall be notified in the same manner as an exemption
is required to be notified under paragraph (2).

(4) Where any securities of a company are listed on a stock exchange and
have been exempted under paragraph (1), in the event of a withdrawal under
paragraph (3) of the exemption the stock exchange concerned shall suspend
dealings in those securities unless at the date of the notification of the
withdrawal the company is, or within 3 months after that date the company
becomes, an approved share registrar or employs an approved share registrar as
its share registrar.

7. A stock exchange which has suspended dealings in the securities of any
company under rule 5, 6 or 6A shall re-commence dealings in those securities
when it is satisfied that the company has become an approved share registrar or
has employed an approved share registrar as its share registrar.

8. (1) Where a stock exchange suspends dealings in the securities of a
company under rule 5, 6 or 6A the company may within 21 days of the
suspension appeal in writing to the Commission against the suspension.

may-

(2) An appeal under paragraph (1) shall be accompanied by such
submissions in writing as the company wishes to make.

(3) On any appeal under paragraph (1), the Commission

(a) dismiss the appeal;

(b)direct the stock exchange to re-commence dealings in the securities;
or

(e)direct the stock exchange to re-commence dealings in the securities
subject to such conditions as the Commission thinks fit.
L.N. 227/76. L.N. 307/76. L.N. 9/86. Citation. L.N. 9/86. Interpretation. L.N. 9/86. Approved share registrars. Securities not to be listed where approved share registrar not employed. Suspension of dealings in securities listed before 1st September 1976. Suspension of dealing of securities in certain circumstances. Power to exempt. L.N. 307/76. Re-commencement of dealing in securities. L.N. 307/76. Appeal against suspension. L.N. 307/76.

Abstract

L.N. 227/76. L.N. 307/76. L.N. 9/86. Citation. L.N. 9/86. Interpretation. L.N. 9/86. Approved share registrars. Securities not to be listed where approved share registrar not employed. Suspension of dealings in securities listed before 1st September 1976. Suspension of dealing of securities in certain circumstances. Power to exempt. L.N. 307/76. Re-commencement of dealing in securities. L.N. 307/76. Appeal against suspension. L.N. 307/76.

Identifier

https://oelawhk.lib.hku.hk/items/show/3260

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:32:39 +0800
<![CDATA[SECURITIES (DISCIPLINARY COMMITTEE PROCEEDINGS) RULES]]> https://oelawhk.lib.hku.hk/items/show/3259

Title

SECURITIES (DISCIPLINARY COMMITTEE PROCEEDINGS) RULES

Description






Rule

1. Citation ... .

2. Interpretation .

SECURITIES (DISCIPLINARY COMMITTEE
PROCEEDINGS) RULES

ARRANGENENT OF RULES

PART I

PRELIAMINARY

PART II

INQUIRIES

3. Allegation to be in writing, with affidavit

4.................Transmission of documents ... ...

5. Dismissal without answer by respondent

PART III

6. Appeal to be in writing
7. Transmission of documents

8. Parties

9.
10.
11.
12.
13.
14.
is.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.

APPEALS

PART IV

GENERAL

Further information

Notice of date of bearing
Forms of notice ... ...
Inspection of documents
Failure to appear.
Representation






Hearings to be in camera ... ...
Re-hearing after failure to appear
Notification of decision ... ...
Withdrawal of proceedings ... ...
Adjournments ... ... ... ...
Amendment and additional affidavits
Shorthand notes ...
Service ... ... ...
Power of Disciplinary Committee to dispense with requirements of rules ...
Extension or abridgement of time ...
Retention of documents pending appeal
Admission

Schedule. Forms ...

Page

E2
E2

E2
E3
E3

E3
E3

E3
E3
E3
E4
E4
E4
E4
E4
E4
ES
E5
E3
E5
E5
E3
E6
E6
E6
E6

E7

















SECURITIES (DISCIPLINARY COMMI7ITEE
PROCEEDINGS) RULES

(Cap. 333, section 45)

PART I

PRELIMINARY

[25th August, 1978.]

1. These rules may be cited as the Securities (Disciplinary

Committee Proceedings) Rules.

2. In these rules, unless the context otherwise requires

'affidaviC' includes affirmation;

'allegation' means an allegation of misconduct made against a
respondent under section 39 of the Ordinance;

44 appear' means an appeal under section 58 of the Ordinance;

'appellant' means a person who makes an appeal;

'clerk' means the clerk to the Committee or any deputy or person
appointed by the Committee to perform the duties of that office;

'Committee' means the Disciplinary Committee;

'complainant' means the Commission. the Commissioner or any other
person making an allegation;

'hearing' means the hearing of an inquiry or an appeal;

'inquiry' means an inquiry into an allegation;

'respondent' means any stock exchange or the committee or any
member of the committee of any such exchange against which or
whom an allegation is made.

PARTII

INQUIRIES

3. (1) An allegation shall be in writing and signed by or on behalf of
the complainant in Form 1 in the Schedule and shall be sent to the
Commission together with an affidavit by or on behalf of the
complainant in Form 2 in the Schedule stating the misconduct alleged.

(2) Where the allegation is made by the Commission it may be
signed and the affidavit sworn on behalf of the Commission by





the Chairman or the secretary of the Commission or by such other
person as may from time to time be appointed by the Commission.

4. The Commission shall transmit to the Committee all documents
received by the Commission pursuant to rule 3(1) or any allegation and
affidavit signed and sworn pursuant to rule 3(2).

5. If upon consideration of any such documents transmitted to it
under rule 4, the Committee is of the opinion that no prima facie case is
shown for any disciplinary action, the Committee may dismiss the
allegation without requiring the respondent to answer the allegation and
without hearing the complainant.

PART III

APPEALS

6. An appeal shall be in writing and signed by or on behalf of the
appellant in Form 3 in the Schedule stating the grounds of the appeal
and shall be sent to the Commission.

7. The Commission shall transmit to the Committee all documents
received by the Commission pursuant to rule 6.

PART IV

GENERAL

8. (1) In the case of an allegation made pursuant to rule 3, the
complainant and the respondent shall be parties.

(2) In the case of an appeal made pursuant to rule 6, the appellant
and the Commissioner shall be parties.,

9. The Committee may at any time require any party to supply such
further information and documents in his or its possession or under his
or its control relating to an allegation or an appeal, as the case may be,
as the Committee thinks fit.

10. (1) Where-

(a)an allegation is made pursuant to rule 3 and in the opinion of
the Committee a prima facie case is shown against the
respondent; or

(b) an appeal is made pursuant to rule 6,

the Committee shall fix a day for the hearing and the clerk shall serve
notice thereof on each party to the proceedings and shall serve





(i) in the case of an allegation, on the respondent, or

(ii) in the case of an appeal, on the Commissioner, a copy of the
allegation and of the affidavit or of the appeal, appropriate to the case.

(2) There shall be a period of not less than 21 days between the
service of any such notice and the day fixed therein for the hearing.

11. A notice under rule 10 shall be-

(a)in the case of an allegation, in Form 4 or 5 in the Schedule, as
appropriate; or

(b)in the case of an appeal, in Form 6 or 7 in the Schedule, as
appropriate,
and shall require the party to whom it is addressed to furnish to the
clerk and to every other party at least 14 days before the day fixed
for the hearing, unless the Committee directs otherwise, a list of all
documents which are or have been in his or its possession or control
and on which he or it intends to rely.

12. (1) Any party may inspect the documents included in the list
furnished by any other party.

(2) A copy of any document mentioned in the list furnished by any
party which is or has been in his or its possession or control shall, on
application by the party requiring it, be furnished to that party by the
other, within 7 days after receipt of such application.

13. If any party fails to appear at a hearing the Committee may,
upon proof of service on such party of the appropriate notice of hearing,
proceed to hear and determine the proceedings in his absence, and

(a)in the case of an allegation, in the absence of the complainant;
or

(b) in the case of an appeal, in the absence of the appellant, the
Committee may, in its discretion, -dismiss the allegation or the appeal, as
the case may be, without a hearing.

14. Any party may be represented by solicitor or counsel.

15. Every hearing shall be held in camera, and the Committee shall
determine which persons may be present.

. 16. (1) Any party who has failed to appear at a hearing may, within 1
calendar month from the pronouncement of the decision of the
Committee and upon giving notice to every other party and to the clerk,
apply to the Committee for a re-hearing.





(2) The Committee, if satisfied that it is just that the case should be
re-heard, may grant such application upon such terms as to costs or
otherwise as it thinks fit.

(3) Upon such re-hearing the Committee may amend, vary, add to,
or reverse its decision pronounced upon such previous hearing.

17. The clerk shall notify every decision of the Committee by
sending a copy of that decision to each party concemed.

18. Unless the Committee directs otherwise, no proceedings shall
be withdrawn after they have been transmitted to the Committee
pursuant to rule 4 or 7.

19. The Committee may of its own motion, or upon the application
of any party, adjourn a hearing upon such terms as to costs, or
otherwise, as the Committee shall think fit.

20. (1) If upon the hearing it shall appear to the Committee that the
allegations in an affidavit require to be amended, or added to, the
Committee may permit the affidavit to be amended, or added to, in which
case such affidavit shall be resworn.

(2) If in the opinion of the Committee, such amendment or addition
is not within the scope of the affidavit, the Committee may require the
same to be embodied in a further affidavit.

21. (1) Shorthand notes of proceedings may be taken by a person
appointed by the Committee, and any party to. the proceedings shall be
entitled to inspect the transcript thereof.

(2) The shorthand writer shall, if required, supply to the Committee,
to any party to the proceedings and to the Commission, but to no other
person or body, a copy of the transcript of such notes on payment of
the shorthand writer's charges.

(3) If no shorthand notes be taken, the Chairman of the Committee
shall take a note of the proceedings, and the provisions of this rule as to
inspection and taking of copies shall apply to such note accordingly.

22. (1) Service of any notice or document under these rules may be
effected personally or by registered post addressed

(a)in the case of a stock exchange or the committee of a stock
exchange, to the chairman of the committee of that exchange
at its place of business;

(b)in the case of the Commissioner, to the Commissioner at his
offices;

(c)in the case of the Commission, to the Chairman thereof at the
offices of the Commissioner; and

(d)in every other case, to the last known place of business or
abode of the person to be served,





and such service shall be deemed to be effected at the time when
the letter would be delivered in the ordinary course of post.

(2) Notwithstanding the provisions of paragraph (1), the
Committee may make such order for substituted service as in the
circumstances of the case may appear to be just.

23. The Committee may dispense with any requirements of
these rules respecting notices, affidavits, documents, service, or
time, in any case where it appears to the Committee to be just so
to do.

24. The Committee may extend or abridge the time for doing
anything under these rules.

25. Unless the Committee otherwise orders, all affidavits,
books, papers, records and exhibits produced, used or made in
connexion with any proceedings under these rules shall be retained
by the Committee or the clerk until the time within which any
appeal against a decision of the Committee may be entered has
expired, and, if notice of such appeal is given (subject to the
requirement of such appeal) until the appeal is heard or otherwise
disposed of and thereafter shall be deposited for safe keeping with
the Secretary of the Commission who shall hold the same on behalf
of members of the Committee who alone shall have access thereto.

26. (1) Any party may by notice in writing at any time not
later than 9 days before the day fixed for a hearing call upon any
other to admit any document saving an just exceptions and if such
other party desires to challenge the authenticity of the document
he shall within 6 days after service of such notice give notice that
he does not admit the document and requires it to be proved at the
hearing.

(2) If such other party refuses or neglects to give notice of
non-admission within the time prescribed in paragraph (1), he shall
be deemed to have admitted the document unless otherwise ordered
by the Committee.

(3) Where a party gives notice of non-admission within the
time prescribed by paragraph (1) and the document is proved at the
hearing, the costs of proving the document shall be paid by the
party who has not. admitted the document, whatever the decision
of the Committee may be, unless in its findings the Committee shall
find that there were reasonable grounds for not admitting the
document.

(4) Where a party proves a document without having given
notice to admit under paragraph (1) no costs of proving the docu-
ment shall be allowed, unless otherwise directed by the Committee,
except where the omission to give notice to admit is in the opinion
of the Committee a saving of expenses.





SCHEDULE

FORM i

ALLEGATION AGAINST A STOCK EXCHANGE/
COMMITTEE OF A STOCK EXCHANGE/MEMBER
OF THE COMMITTEE OF A STOCK EXCHANGE

[rule 3.]

IN THE MATTER of C.D.. a Stock Exchange
(or as the case may be) of ...........................

IN THE MATTER of the Securities Ordinance, Cap.
333.

TO: The Securities Commission.

1, the undersigned, A.B., hereby allege that the
Stock Exchange Ltd.lthe Committee of the .............................................
Stock Exchange Ltd.1C.D. a member of the Committee of the .....................

...........Stock Exchange Ltd. has been guilty of misconduct as

Affidavit / Affirmation which accompanies this application and
1 make application that the said may be
required to answer the said allegations and that such order be made as the
Disciplinary Committee shall think right.

In witness whereof I have hereunto set my hand this ...........................

day or

Profession,
business or

Signature ................................................

Address..................................................
.










FORM 2

AFFIDAVIT/AFFIRMATION BY COMPLAINANT

[rule 3.]

IN THE MATTER of C.D., a Stock Exchange
(or as the case may be) of ...........................

.......................

and
IN THE MATTER of the Securities Ordinance,
Cap. 333.

make ' oath/do solemnly sincerely and truly say - as ................

(Here state the facts concisely in
numbered paragraphs, and show
deponent's means of knowledge)

Sworn, affirmed, etc.

* Insert full name, address and description of deponent.

.................................... ..........................................

.................



NOTICE OF APPEAL UNDER SECTION 58
OF THE SECURITIES ORDINANCE
AGAINST DECISION OF COMMISSIONER

TO: The Securities Commission.

[rule 6.]

. ............................................... ...

do hereby give you notice of appeal to the Disciplinary Committee under
section 58(1) of the Securities Ordinance, Cap.333, against the decision of the
Commissioner for Securities communicated to me by letter dated ..................

.............................. 19 that (brief details of decision).

The grounds of this appeal are-

(Here stage concisely the grounds of Weal)

. In witness whereof I have hereunto set my hand this ....

day of .........19

Signature ......................

Profession.






business or
occupation ................................................










FORM 4

NOTICE OF HEARING TO COMPLAINANT
BY THE CLERK TO THE DISCIPLINARY COMMITTEE

[rule 11.]

IN THE MATTER of .Exchange
Ltd / the Committee of Exchange

Ltd/C.D., a member of the Committee of

.............................. Exchange Ltd

and
IN THE MATTER of the Securities Ordinance,
Cap. 333.

TO: A.B., of

Securities Commission.

The day of

/Commissioner for Securities/

. is the day fixed by the Disciplinary
Committee constituted under the Securities Ordinance for the hearing of your
allegation in the matter of .....................................................................

The Disciplinary Committee will sit at .............................................

at ....o'clock in the noon. Your attendance will

be required at the date, time and place aforesaid.

You are required by the Securities (Disciplinary Committee Proceedings) Rules
to furnish to every other party and to the Clerk to the Disciplinary Committee at
the Office of the Securities Commission at ...........................

Hong Kong at least days before the date of hearing,

a list of all the documents on which you intend to rely.

Any party may inspect the documents included in the list furnished by any
other, and a copy of any document mentioned in the list of any party must, on
application by the party requiring it, be furnished to that party by the other within
seven days after receipt of such application.

You are requested to acknowledge the receipt of this notice without delay.

Dated this day of ..

Clerk to the Disciplinary Committee







FORM 5

NOTICE TO RESPONDENT BY THE CLERK
TO THE DISCIPLINARY COMMITTEE

IN THE MATTER of ............. Exchange

Ltd/the Committee of ................ Exchange

Ltd/C.D., a member of the Committee of

.............................. Exchanged Ltd

and
IN THE MATTER of the Securities Ordinance,
Cap. 333.

[rule 11]

TO: * ............................................................

An allegation of misconduct has been made against you under rule 3 of the
Securities (Disciplinary Committee Proceedings) Rules by ...........

............................

The ...day of ...........is the day fixed by the

Disciplinary Committee for the bearing of the proceedings. The committee will

sit at .........at ....o'clock in the

noon. Your attendance will be required at the date, time and place aforesaid.
If you fail to appear, the Disciplinary Committee may, in accordance with rule
13 of the said Rules, proceed in your absence.





You are required by the said Rules to furnish to every other party and to the
Clerk to the Disciplinary Committee at the Office of the Securities Commis

sion at .........Hong Kong at least days

before the date of hearing, a list of all the documents on which you intend to
rely.

Any party may inspect the documents included in the list furnished by any
other, and a copy of any document mentioned in the list of any party must, on
application by the party requiring it, be furnished to that party by the other within
seven days after receipt of such application.

In order to reduce the costs of the hearing you are invited to inform the Clerk
to the Disciplinary Committee not less than seven days before the date of hearing
of any facts set out in the affidavit which are not in dispute.

You are requested to acknowledge the receipt of this notice without delay.

Dated this day of

* Insert name and address of respondent.

Clerk to the Disciplinary Committee








FORM 6

NOTICE TO APPELLANT TO HEARING OF APPEAL

TO: A.B . .........

Take Notice that ...............day of is the day

fixed by the Disciplinary Committee constituted under the Securities Ordinance,

Cap. 333, for the hearing of your appeal dated under

section 58(1) of the Ordinance against the decision of the Commissioner for
Securities.

[rule 11.]

The Disciplinary Committee will sit on

19 .at
a.m./p.m. at

Your attendance will be required at the date, time and place aforesaid. If you
fail to appear, the Disciplinary Committee may, in accordance with rule 13 of
the Securities (Disciplinary Committee Proceedings) Rules, dismiss your appeal
without a hearing.

You are required by the said Rules to furnish to every other party and to the
Clerk to the Disciplinary Committee at the Office of the Securities

Commission at .........................Hong Kong at
least .................................days before the date of hearing, a list of all the documents

on which you intend to rely.

Any party may inspect the documents included in the list furnished by any
other, and a copy of any document mentioned in the list of any party must, on
application by the party requiring it, be furnished to that party by the other within
seven days after receipt of such application.

You are requested to acknowledge the receipt of this notice without delay.

Dated this ..................day of 19

Clerk to the Disciplinary Committee---









FORM 7

NOTICE TO COMMISSIONER OF BEARING OF APPEAL

TO: The Commissioner for Securities.

[rule 11]

Take Notice that .of
has appealed under section 58(1) of the Securities Ordinance, Cap. 333, to the
Disciplinary Committee against your decision dated .................................
19 .that
(brief details of decision appealed against).
.The ....day of .........is the day fixed by the
Disciplinary Committee for the hearing of the appeal. The committee will sit
on ...............19 ..at am./p.m.
at .......................Your attendance will be required at the date,
time and place aforesaid. If you fail to appear, the Disciplinary Committee
may, in accordance with rule 13 of the Securities (Disciplinary Committee
Proceedings) Rules, proceed in your absence.

You are required by the said Rules to furnish to every other party and to
the Clerk to the Disciplinary Committee at the Office of the Securities Com-
mission at least .........days before the date of hearing, a list of all the
documents on which you intend to rely.

Any party may inspect the documents included in the list furnished by any
other, and a copy of any document mentioned in the list of any party must, on
application by the party requiring it, be furnished to that party by the other
within seven days after receipt of such application.

In order to reduce the costs of the hearing you are invited to inform the
Clerk to the Disciplinary Committee not less than seven days before the date of
hearing of any facts which are not in dispute.

You are requested to acknowledge the receipt of this notice without delay.

Dated this...................day of 19

Clerk to the Disciplinary Committee



1987 Ed. Securities (Disciplinary Committee Proceedings) Rules L.N. 196/78. Citation. Interpretation. Allegation to be in writing, with affidavit. Schedule, Forms 1 and 2. Transmission of documents. Dismissal without answer by respondent. Appeal to be in writing. Schedule, Form 3. Transmission of documents. Parties. Further information. Notice of date of hearing. Forms of notice. Schedule, Forms 4, 5, 6 and 7. Inspection of documents. Failure to appear. Representation. Hearings to be in camera. Re-hearing after failure to appear. Notification of decision. Withdrawal of proceedings Adjournments. Amendment and additional affidavits. Shorthand notes. Service. Power of Disciplinary Committee to dispense with requirements of rules. Extension or abridgement of time. Retention of documents pending appeal. Admission.

Abstract

L.N. 196/78. Citation. Interpretation. Allegation to be in writing, with affidavit. Schedule, Forms 1 and 2. Transmission of documents. Dismissal without answer by respondent. Appeal to be in writing. Schedule, Form 3. Transmission of documents. Parties. Further information. Notice of date of hearing. Forms of notice. Schedule, Forms 4, 5, 6 and 7. Inspection of documents. Failure to appear. Representation. Hearings to be in camera. Re-hearing after failure to appear. Notification of decision. Withdrawal of proceedings Adjournments. Amendment and additional affidavits. Shorthand notes. Service. Power of Disciplinary Committee to dispense with requirements of rules. Extension or abridgement of time. Retention of documents pending appeal. Admission.

Identifier

https://oelawhk.lib.hku.hk/items/show/3259

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

14
]]>
Tue, 23 Aug 2011 18:32:38 +0800
<![CDATA[SECURITIES (INVESTIGATIONS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3258

Title

SECURITIES (INVESTIGATIONS) REGULATIONS

Description






SECURTITIES (INVESTIGATIONS) REGULATION

(Cap. 333, section 146)

[12 may, 1978]

1. These regulations may be cited- as the Securit
ies (Investigations) Regulations.

2. A notice given by an inspector to a prescri ed person under
section 127(3) of the Ordinance shall be in the fo specified in the
Schedule.

3. A notice to a prescribed person unde section 127(3) of the
Ordinance may be(a) by sending it to the prescribed person registered post; j

(b) by delivering it to the prescribed pers n personally; or

(c)by leaving it with some person for c prescribed person at his
usual or last known place of sidence, employment or business.


4. (1) For the purposes of section (10) of the Ordinance a person who
attends for examination u er section 127 of the Ordinance, whether in
one or more ca es, and thereby loses remuneration or necessarily incurs
expens (other than expense on account of lodging or subsistence) to
whic he would not otherwise have been subject, is entitled to an allowa
ce not exceeding $36 for each day of attendance, in respect of tha loss
or expense.

(2) If the period during which the rson is necessarily absent from
his place of residence, employme or business to attend for examination
does not exceed 4 hour , his allowance shall not exceed $18.

SCHEDUL

SECURITIES ORDINANCE (Chapter 333 )

INVESTIGATION UNDER SECTION 127

NOTICE BY AN INSPECTOR TO A PRESECRIBED PERSON
(under section 127(3))
To:

[reg. 2.]


.....................................

name of prescribed person

-----------------
(address)

.....................................








WHEREAS I, the undersigned, have appointed as an inspector by the
Securities Commission under section 127 (1) of the Securities Ordinance to
investigate

..................
(state the matters to be investigated)

AND WHEREAS you are a person suspected or believed by me, on
reasonable grounds, to be capable of giving information concerning a matter to be
investigated by me:

I HEREBY GIVAE YOU NOTICE in exercise of the powers conferred on
me by section 127(3) of the Securities Ordinance requiring you-

(a) to produce to me on the day of

19 at o'clock in the

...............

all documents relating to the matters with which the investigation is
concerned as are in your custody or under your control and in particulars
.........................

(b) to give to me all reasonable assistance in connexion with the
investigation; and

(c) to appear before me on the day of

19 at o'clock in the .............. at...........


for examination on oath relating to the matters with which the
investigation is concerned.


................... ................
(date) (Signed) Inspector



Note : Unless there ia a reasonable excusem failure to comply with this Notice,
knowingly furnishing to an inspector information that is false or misleading
in a material particular, or failure to take an oath required to be taken by
an inspector for the purposes of an examination, is an offence punishable
by a fine not exceeding $5,000.

Attention is drawn to sections 126 and 134 of the Securities Ordinance
a copy of which is attached.





1978 Ed.] Securities (Investigations) Regulations L.N. 96/78. Citation. Form of notice. Schedule. Giving of notice. Allowances and expenses.

Abstract

L.N. 96/78. Citation. Form of notice. Schedule. Giving of notice. Allowances and expenses.

Identifier

https://oelawhk.lib.hku.hk/items/show/3258

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:32:37 +0800
<![CDATA[SECURITIES (STOCK EXCHANGE LISTING) RULES]]> https://oelawhk.lib.hku.hk/items/show/3257

Title

SECURITIES (STOCK EXCHANGE LISTING) RULES

Description






SECURITIES (STOCK EXCHANGE LISTING) RULES

ARRANGEMENT OF RULES

Rule

PART I

PRELIMINARY

1. Citation
2. Interpretation

PART II

STOCK EXCHANGE
LISTING

3. Requirements in respect of applications for listing
4. Copy of application to be served on Commission, etc .
5. Listing agreement
6. Suspension of dealings where false or misleading information has been

supplied
........................................................................................................

7. Exemptions from rule 3

PART III

SPECIFIED
PROVISIONS

8. Breach of specified provisions

PARTIV

SUPPLEMENTARY

9. Suspension in interests of the maintenance of an orderly market or where

condition imposed under rule 10 not complied with
.....................................

10. Powers of the Commission upon a refusal to allow securities to be listed or

upon the suspension of dealings in any securities
..........................................
Provisions supplementary to rule 10
.................................................................
Restriction on relisting
.....................................................................................
Suspensions, etc. by Exchange Company to be notified to the Commission
.....
Waiver of requirements of the rules and the specified provisions
......................

11.
12.
13.
14.

15. Notices, etc. to be in writing







Page

C 2
C 2





SECURITIES (STOCK EXCHANGE LISTING) RULES

(Cap. 333, section 14)

L.N. 379 of 1989 -

1. Citation

PART I

PRELIMINARY


[1 December 1989]

These rules may be cited as the Securities (Stock Exchange Listing) Rules.

2. Interpretation

In these rules, unless the context otherwise requires-

'applicant' means a company which has made an application under rule 3;

'application' means an application made under rule 3 and all documents in support
of the application;

'appointed day' means the appointed day as defined for the purposes of the Stock
Exchanges Unification Ordinance (Cap. 361);

'chief executive', in relation to a company, means a person who either alone or
together with one or more other persons is or will be responsible under the
immediate authority of the board of directors for the conduct of the business of
the company;

'company' means a company limited by shares, whether incorporated in Hong
Kong or elsewhere;

'debt securities' means debenture or loan stock, debentures, bonds or notes
acknowledging the indebtedness of a company or other body whether or not
constituting a charge on its assets;

'director'

(a)in relation to a company, includes any person who occupies the
position of a director, by whatever name called;

(b)in relation to the Commission, means a director appointed under
section 5 of the Securities and Futures Commission Ordinance (Cap.
24);

'expert' means an expert within the meaning of section 38C of the Companies
Ordinance (Cap. 32);

'issuer' means a company or other body whose securities are listed on the Unified
Exchange;





'listing agreement' means an agreement between the Exchange Company and an
issuer setting out the obligations which the issuer undertakes to comply with
as a condition for listing the issuer's securities on the Unified Exchange;

'subsidiary' means any company which is a subsidiary within the meaning of
section 2 of the Companies Ordinance (Cap. 32);

'substantial shareholder', in relation to a company, means a person entitled to
exercise, or control the exercise of, 10 % or more of the voting power at any
general meeting of the company;

'working days' are any days which are not general holidays or gale warning days
as defined for the purposes of section 71 of the Interpretation and General
Clauses Ordinance (Cap. 1).

PART II

STOCK EXCHANGE LISTING

3. Requirements in respect of applications for listing

An application made by a company to the Exchange Company for the listing of
any securities issued or to be issued by that applicant shall comply with the rules
and requirements of the Exchange Company (except to the extent that compliance is
waived or not required by the Exchange Company) and any provision of law
applicable and shall contain such particulars and information which, according to
the particular nature of the applicant and the securities for the listing of which
application is being made, is necessary to enable an investor to make an informed
assessment of the activities, assets and liabilities and financial position, of the
applicant at the time of the application and its profits and losses and of the rights
attaching to such securities and such application shall also

(a) state the name of the applicant;

(b)give particulars of the numbers, classes and denominations of the
securities which are the subject of the application;

(c)give particulars of the proposed manner of issue of the securities,
whether by offer for sale, public subscription, private placing,
introduction or otherwise;

(d)state, in so far as is known, or may be ascertained after reasonable
enquiry, by the directors of the applicant, the name and address of
any person who at the time of the application is a substantial
shareholder of the applicant or of another company of which it is a
subsidiary, and the extent of his shareholding in the applicant or that
other company;

(e)give particulars of the qualifications and experience of the directors
and chief executive of the applicant;





(f) specify the purpose for which the proceeds (if any) of the issue or
sale of the securities to which the application relates, or the
portion thereof to be received by the applicant, are intended to be
used by the applicant; and
(g)specify the qualifications of any person whose opinion as an
expert is referred to in any document included in the application.

4. Copy of application to be served
on Commission, etc.

(1) A copy of every application shall be served on the Commission; and
the Exchange Company shall not list the securities to which the application
relates unless-
(a)the period specified in subrule (3) has expired and the
Commission has not, within that period, notified the Exchange
Company and the applicant that, in accordance with its powers
under subrule (4), the Commission objects to the listing; or
(b)the Commission has, within that period, notified the Exchange
Company and the applicant that the Commission does not object
to the listing.
(2) The Commission may, by notice to the applicant and the Exchange
Company given within 7 working days from the date of service of the
application, require the applicant to supply to the Commission such further
information as may, in the opinion of the Commission, be relevant to the
exercise of its functions under this rule.
(3) The period specified for the purposes of subrule (1) is 7 working
days-

(a)from the date of service of the application where no notice under
subrule (2) is given; and
(b)from the date when the further information is supplied, if notice
under subrule (2) is given.
(4) The Commission may object to a listing if-
(a)it is of the opinion that there has been a failure to comply with
rule 3 in any material respect or to supply information under
subrule (2);
(b)it appears to the Commission that the application contains any
matter which is false or likely to mislead any person as to any of
the matters specified in rule 3;
(e)there has been a failure to comply with the Securities (Stock
Exchange Listing) (Approved Share Registrar) Rules (Cap. 333
sub. leg.);
(d)in the case of an application to list again any securities the listing
of which has been cancelled under rule 10 if, having regard to the





reasons for the cancellation, it considers the application ought not to
have been made; or

(e)the Commission is of the opinion that it would not be in the public
interest for the securities to be listed.

(5) Where the Commission, in the exercise of its powers under subrule (4),
objects to a listing it shall, when notifying the Exchange Company and the applicant
thereof, state the reasons for such objection.

5. Listing agreement

(1) A listing agreement shall contain such provisions (hereinafter in these rules
referred to as 'the specified provisions') as are agreed from time to time between
the Commission and the Exchange Company for inclusion in the type of listing
agreement appropriate to the type of issuer and the type of securities concerned as
determined in accordance with the rules governing the listing of securities on the
Unified Exchange as issued by the Exchange Company from time to time.

(2) The specified provisions shall not be waived or varied by the issuer and
the Exchange Company without the prior consent of the Commission.

6. Suspension of dealings where false or misleading

information has been supplied

Where any securities have been listed on the Unified Exchange and it appears
to the Commission that materially false, incomplete or misleading information has
been supplied to the Exchange Company or the Commission under rule 3 or 4(2), the
Commission may by notice direct the Exchange Company to suspend all dealings in
the securities; and the Exchange Company shall forthwith comply with any such
direction.

7. Exemptions from rule 3

Nothing in rule 3 shall apply to the listing of any

(a) securities on the Unified Exchange upon and after the appointed
day, where the securities were listed on any other stock exchange in
Hong Kong immediately prior to that day;
(b) securities issued or
allotted by a capitalization issue pro rata (apart from fractional
entitlements) to existing shareholders, other than to overseas
shareholders to whom they are not issued or allotted because of
restrictions imposed by overseas legislation, or to any existing
shareholders pursuant to a scrip dividend scheme which has been
approved by the company in general meeting;
(c) securities offered on a
pre-emptive basis, pro rata (apart from fractional entitlements) to
existing holdings, to holders of the





relevant class of shares in the company, other than to overseas
shareholders to whom they were not offered because of restrictions
imposed by overseas legislation;

(d)shares issued in substitution for shares, listed on the Unified
Exchange as the substituted shares, if the issue of the shares does
not involve any increase in the issued share capital of the company.

PART III

SPECIFIED PROVISIONS

8. Breach of specified provisions

(1) Subject to subrule (2), where it appears to the Commission that any
securities of an issuer have been listed but the issuer has failed to comply with any
specified provision (if applicable) of the listing agreement entered into by the issuer
in respect of those securities, the Commission may by notice direct the Exchange
Company to suspend all dealings in the securities of the issuer; and the Exchange
Company shall forthwith comply with any such direction.

(2) Where by subrule (1) the Commission is empowered to suspend dealings in
securities by reason of any failure by an issuer to comply with any specified
provision, the Commission shall, if the failure is one capable of being remedied and
did not in its opinion result from any wilful default on the part of the issuer, prior to
exercising its powers under subrule (1) give the issuer a reasonable opportunity of
remedying such failure, within such time as the Commission may specify, and the
Commission shall not exercise those powers if the issuer does so remedy such
failure.

PART IV

SUPPLEMENTARY

9.Suspension in interests of the maintenance of an
orderly market or where condition imposed
under rule 10 not complied with

Where it appears to the Commission-

(a)to be necessary or expedient in the interests of maintaining an
orderly market in Hong Kong; or

(b)there has been a failure to comply with any condition imposed by
the Commission under rule 10(3) relating to the listing of, or
dealings in, any securities,
the Commission may, by notice to the Exchange Company, direct the Exchange
Compay to suspend all dealings in such securities as may be specified in the
notice; and the Exchange Company shall forthwith comply with the notice.





10.Powers of the Commission upon a refusal to allow
securities to be listed or upon the suspension of
dealings in any securities

be-

(1) An applicant or issuer which is aggrieved by the exercise of the
Commission's powers under rule 4(4), 6, 8 or 9 may make representations in writing
to the Commission and where an applicant or issuer makes such representations,
the Commission shall notify the Exchange Company.

(2) The Exchange Company may, in respect of the exercise of the Commission's
powers under rule 4(4), 6, 8 or 9, make representations in writing to the Commission
irrespective of whether representations in respect of that exercise of powers have
been made by an applicant or issuer under subrule (1) and where the Exchange
Company makes such representations, the Commission shall notify the applicant or
issuer concerned, as the case may be.

(3) The Commission may, after considering the representations of the applicant
or issuer, as the case may be, made under subrule (1) and the representations of the
Exchange Company made under subrule (2), if any, and any further representations
made by the applicant, issuer or Exchange Company

(a)where the Commission has exercised its powers under rule 4(4), allow
the securities to be listed on such conditions, if any, as it may think fit
to impose;

(b)where the Commission has directed the Exchange Company to
suspend dealings in any securities, by notice to the Exchange
Company

(i) permit dealings in the securities to recommence subject to

such conditions, if any, as the Commission may think fit to
impose, being conditions of the nature specified in subrule
(4); or
(ii) if-

(A)satisfied that there has been a failure by the issuer to
comply with the requirements for listing set out in these
rules or other rules under section 14 of the Ordinance or to
comply with any specified provision; or

(B)it considers such action is necessary or expedient to
maintain an orderly market in Hong Kong,

by notice direct the Exchange Company to cancel the listing of
the securities on the Unified Exchange and the Exchange
Company shall forthwith comply with that direction.

(4) The conditions which may be imposed under subrule (3)(b)(i) shall

(a)where the Commission has exercised its powers under rule 6 or 8,
conditions imposed with the object of ensuring, so far as is





reasonably practicable, that the issuer remedies the default by
reason of which the suspension of dealings was directed:

Provided that the Commission shall forthwith permit such
dealings unconditionally if it is of the view that there has been no
such default;

(b)where the Commission has exercised its powers under rule 9, such
conditions as the Commission may consider necessary to maintain
an orderly market in Hong Kong.

(5) In subrule (3) 'further representations' means representations either in
writing or orally or both in writing and orally as the applicant, issuer or Exchange
Company may determine which are submitted within such reasonable time as the
Commission may determine.

(6) The functions of the Commission under this rule shall be exercised by a
meeting of the Commission and shall not be delegable.

(7) A director of the Commission who made the decision in that exercise of the
Commission's powers under rule 4(4), 6, 8 or 9, as may be appropriate, shall not
participate in the deliberations or voting of the Commission in the performance of its
functions under this rule as regards that exercise of the Commission's powers.

(8) Notwithstanding subrule (7), the director referred to in that subrule may
attend any meeting or proceeding of the Commission in the performance of its
functions under this rule as regards that exercise of the Commission's powers and
may make such explanations of his decision as he thinks necessary.

11. Provisions supplementary to rule 10

(1) At any hearing held by the Commission to receive oral representations
made to it under subrule (3) of rule 10 as read with subrule (5) thereof the applicant
or issuer, as may be appropriate, or the Exchange Company making such
representations shall have the right to be represented by its counsel or solicitor.

(2) Pending the decision of the Commission under rule 10(3)(b) all dealings in
the securities concerned shall continue to be suspended unless the Commission, by
notice to the Exchange Company, otherwise directs, and any such direction

(a)may permit such dealings subject to such reasonable conditions, if
any, as the Commission thinks fit to impose;

(b)shall be without prejudice to the exercise by the Commission of its
powers under rule 10(3); and

(c)shall cease to have effect upon the giving of notice of that decision,

and the Exchange Company shall comply with the direction.





12. Restriction on relisting

No security the listing of which has been cancelled under rule 10 shall be
listed again on the Unified Exchange except in accordance with Part II

13. Suspensions, etc. by Exchange Company
to be notified to the Commission

(1) Where the Exchange Company intends to suspend dealings in any
securities it shall, where reasonably practicable, inform the Commission of its
intention prior to such suspension and, if not so practicable, inform the
Commission of the suspension as soon as possible after the event.
(2) The Exchange Company, after having suspended dealings in any
securities, shall not permit dealing in them to recommence without first giving
notice to the Commission.
(3) The Exchange Company shall not cancel the listing of any securities
unless it gives 48 hours' notice of the intention so to do to the Commission.

14. Waiver of requirements of the rules
and the specified provisions

(1) The Commission may by notice to an applicant or an issuer, as the
case may be, and the Exchange Company modify or waive, subject to such
conditions, if any, as the Commission may think fit to impose, being conditions
reasonable in the circumstances, the requirements of any provision of these
rules where the Commission is of the opinion that-
(a)the applicant or issuer, as may be appropriate, cannot comply
with the provision or it would be unreasonable or unduly
burdensome for it to do so;
(b)the provision has no relevance to the circumstances of the
applicant or issuer, as may be appropriate; or
(c)compliance with the provision would be detrimental to the
commercial interests of the applicant or issuer, as may be
appropriate, or to the interests of the holders of its securities.
(2) The Commission may by notice to the applicant or issuer, as may be
appropriate, and the Exchange Company modify or waive, subject to such
conditions, if any, as the Commission may think fit to impose, being conditions
reasonable in the circumstances, the requirements of any specified provisions.

15. Notices, etc. to be in writing

Any notice or direction under these rules shall be in writing.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3257

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:32:36 +0800
<![CDATA[SECURITIES (ACCOUNTS AND AUDIT) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3256

Title

SECURITIES (ACCOUNTS AND AUDIT) REGULATIONS

Description








(ACCOUNTS AND AUDIT) REGULATIONS

(Cap. 333, section 146)

[30 December 1977.]

1. These regulations may be cited as the Securities (Accounts and
Audit) Regulations.

2. (1) The profit and loss account required to be prepared by a
dealer or a dealing partnership under section 88(1) of the Ordinance
shall contain the particulars set out in Form 1 in the Schedule.

(2) The balance sheet required to be prepared by a dealer or a
dealing partnership under section 88(1) of the Ordinance shall contain
particulars set out in Form 2 in the Schedule, and shall be accompanied
by a computation of his or their net capital and liquidity margin for the
purposes of section 65B of the Ordinance.

(3) [Deleted, L.N. 38/86]

3. An auditor's report under section 88(1) of the Ordinance shall
contain a statement by the auditor as to whether

(a)he has obtained all the information and explanations which to
the best of his knowledge and belief are necessary for the
purpose of the audit;

(b) in the auditor's opinion-

(i) the dealer has properly kept the records required to be
kept by him under section 83 of the Ordinance;

(ii) the profit and loss account and the balance sheet are in
accordance with the records kept under section 83 of the
Ordinance and comply with the requirements of these
regulations;

(iii) the dealer has properly kept all trust accounts in
accordance with section 84 of the Ordinance;

(iv) the profit and loss account and balance sheet give a
true and fair view of the dealer's financial position for the
financial year to which they relate;

(v) the computation of net capital and liquidity margin for
the purposes of section 65B of the Ordinance is correctly
compiled from the books and records of the dealer or the
dealing partnership, as the case may be, and if such is not
correctly compiled, the nature and extent of the incorrectness;

(ba) there appears to the auditor to have been any contravention
of section 65B of the Ordinance by the dealer or dealing
partnership, as the case may be, during the financial year
covered by the auditor's report; and





(c)there are any securities to which section 83(3)(a)(vi) of the
Ordinance applies which have been deposited with or
otherwise pledged or charged to any third party whether as
security for loans or advances made to the dealer, or any
related corporation, or for any other purpose and if so,

(i) whether at the date of the balance sheet, the loan or
advance was outstanding;

(ii) whether the auditor has inspected the written
authorizations under section 81(3) of the Ordinance; and

(iii) in the case where the securities have been deposited
with or otherwise pledged or charged to any third party for a
purpose other than as security for loans or advances made to
the dealer or any related corporation, what that purpose is.

SCHEDULE

FORM 1

..........................

(Name of dealer or dealing partnership)

Profit and Loss Account for the year ended .....................

TURNOVER (Note 1)

REVENUE
Commission and brokerage-
(a) securities dealing-
(i) on the Unified Exchange
(ii) on overseas exchanges
(iii) other
(b) other than on securities dealing

Underwriting commission for securities
listed on(a) the Unified Exchange (b)
overseas exchanges

Profit (Loss) on trading in securities
listed on(a) the Unified Exchange (b)
overseas exchanges

Dividends and interest on investments

Interest from-
(a) clients
(b) banks and deposit-taking companies
(c) other sources

Exchange difference

Other revenue (supply details)

[reg. 2.]

Current Year Last Year





Current Year Last Year

EXPENSES

Directors' emoluments-

(a) fees

(b) other emoluments

Salaries and allowances (excluding, in the case of
sole proprietorships or partnerships, salaries of
proprietor or partners)

Interest to---

(a) clients

(b) banks and deposit-taking companies

(c) others

Commission

Rent and rates

Audit fee

Professional fees

Bad and doubtful debts

Depreciation or amortization

Other expenses (supply details)

NET PROFIT (LOSS) FOR THE YEAR

TAXATION

NET PROFIT (LOSS) FOR THE YEAR
AFTER TAXATION

BALANCE BROUGHT FORWARD

PROFIT AVAILABLE FOR DISTRIBUTION

Proposed dividend

To be completed in the case of sole proprietorships or
partnerships

Proprietor's or partners' salaries

Share of profits (losses)

BALANCE CARRIED FORWARD





FORM 2

.........................

(Name of dealer or dealing partnership)

Balance Sheet As At ..

FIXED ASSETS
Immovable property-
(a) in Hong Kong
(b) outside Hong Kong
Other fixed assets

Share(s) in the Stock Exchange of Hong Kong
Limited
Shares or Memberships in other exchanges-
(a) local
(b) overseas
Other unquoted investments
Statutory deposits and deposits with exchanges
Other assets (supply details)

CURRENT ASSETS

Listed investments
State the basis of valuation
(if at cost, state the market value)-
(a) in Hong Kong
(b) outside Hong Kong
Amounts receivable arising from the ordinary
course of business of dealing in securities-

(a) clients (distinguish clients trading on
margin accounts)

(b) brokers and dealers
LESS: Provision for bad and doubtful debts
Other amounts receivable-
(a) secured
(b) unsecured
LESS: Provision for bad and doubtful debts
Payments in respect of the purchase of
securities for which a listing is pending on-
(a) the Unified Exchange
(b) overseas exchanges
Payments in advance
Utility, rent and other deposits

Certificates of deposit, acceptances,
floating-rate notes, and other negotiable
instruments commonly known as
commercial papers

Cash at banks-
(a) general account
(b) trust account
Cash at deposit-taking companies
Other current assets (supply details)

Current Year Last Year

Depre
Cost ciation Balance





DEDUCT: CURRENT LIABILITIES

Amounts payable arising from ordinary
course of business of dealing in securities(a)
clients (b) brokers and dealers

Other amounts
payable(a) secured (b)
unsecured

Loans from banks and deposit-taking
companies(a) secured (b) unsecured

Other loans and advances(a)
secured (b) unsecured

Bank overdrafts(a)
secured (b)
unsecured

Accrued expenses

Proposed dividends

Taxation

Other liabilities (supply details)

NET CURRENT ASSETS / (LIABILITIES)

TOTAL ASSETS

LONG-TERM LIABILITIES (supply details)

Representing

SHARE CAPITAL-Authorized

CAPITAL RESERVES

OTHER RESERVES

Issued and fully paid-up

Current Year Last Year

Depre-ition
Balance

To be completed in the case of sole proprictorships or partnerships.

CAPITAL ACCOUNT

CURRENT ACCOUNT

PROFIT AND LOSS ACCOUNT

Show movements in these accounts during
the year.

In the case of partnerships, specify the
balance in each account in respect of each
partner and distinguish amounts arising from
transactions in securities.







(in the case of partnerships, the balance sheet must be signed by at least one
general partner)

Notes 2 andlor 3.

Notes 2 andlor 3.

Notes 2 andlor 3.

Notes 2 andlor 3.

Notes 2 andlor 3.

Notes 2 andlor 3.





NOTES TO THE ACCOUNTS
1. (a) Turnover means the total value of transactions arising out of the business of
dealing in securities other than underwriting of securities undertaken by
the dealer or dealing partnership. (b) State the turnover in relation to
dealing in securities

(i)for own account, partner's account,
director's account and the accounts
of associated companies or
companies within the group in
which the dealer is a member

(A) on the Unified Exchange

(B) on overseas exchanges

(C) on others
(ii) for clients-

(A) on the Unified Exchange

(B) on overseas exchanges

(C) on others

2.In the case of a dealer which is a corporation, distinguish balances due to or
from

(a) a director

(b)an associated company or company
within the group in which the dealer
is a member

3. Where any amount is secured, specify by way of note the following particulars

(a) name(s) of interested party(ies)
(b) amount due

(c) whether it is interest bearing, and
if so, the rate of interest

(d) date and terms of repayment

(e)nature of security, market value and
the identity of the owner of the
security

4. Contingent liabilities and capital commit

ments-

(a) underwritings and sub-underwritings
(b) uncalled amounts on securities
(c) other contingent liabilities-

(i) secured (supply details)

(ii) unsecured (supply details)

(d) capital commitments (supply details)

5. Transactions in foreign currencies-







(a) total assets in foreign currency
included in Balance Sheet

(b) total liabilities in foreign
currency
included in Balance Sheet

Last Year This Year
L.N. 284/76. L.N. 38/86. Citation. Forms of profit and loss account and balance sheet. L.N. 38/86. Schedule, Form 1. L.N. 38/86. Schedule, Form 2. Auditor's report. L.N. 38/86. L.N. 38/86. L.N. 38/86. L.N. 38/86. Notes 2 and/or 3. Notes 2 and/or 3. Notes 2 and/or 3. Notes 2 and/or 3.Notes 2 and/or 3. Notes 2 and/or 3.Notes 2 and/or 3. Notes 2 and/or 3.

Abstract

L.N. 284/76. L.N. 38/86. Citation. Forms of profit and loss account and balance sheet. L.N. 38/86. Schedule, Form 1. L.N. 38/86. Schedule, Form 2. Auditor's report. L.N. 38/86. L.N. 38/86. L.N. 38/86. L.N. 38/86. Notes 2 and/or 3. Notes 2 and/or 3. Notes 2 and/or 3. Notes 2 and/or 3.Notes 2 and/or 3. Notes 2 and/or 3.Notes 2 and/or 3. Notes 2 and/or 3.

Identifier

https://oelawhk.lib.hku.hk/items/show/3256

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:32:35 +0800
<![CDATA[SECURITIES (MISCELLANEOUS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3255

Title

SECURITIES (MISCELLANEOUS) REGULATIONS

Description






SECURITIES (MISCELLANEOUS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation................................
Page
1. Citation .............................A 2
2. Interpretation .......................A 2
3. Amounts to be deposited ..............A 2
4. Application of deposits by trustees in bankruptcy A 3
5. Application of deposits by liquidators A 3
6. Application of deposits forfeited under section 52(2)(c) of the Ordinance A 3
7. Fees .................................A 5
8. Change of information ................A 5
9. Representatives to notify changes of address A 5
10.......................................Certificate of registration to be exhibited A 6
11.......................................Applications for authorization of mutual fund corporations and unit trusts A 6
12.......................................Fees for authorization of mutual fund corporations and unit trusts A 6
13.......................................Annual fees for authorized mutual fund corporations and unit trusts A 7
14.......................................Cessation of authorization A 7
15.......................................Publication in the Gazette A 7

First Schedule. Claims Notice ...........A 8

Second Schedule..........................Fees ..................................................................................
..........................................A
9





SECURITIES (MISCELLANEOUS) REGULATIONS
(Cap. 333, section 146)
[25
October

L.N. 303/85 -L.N. 148/88

Citation

1. These regulations may be cited as the Securities (Miscellaneous)
Regulations.

Interpretation

2. In these regulations, unless the context otherwise requires-

,,authorization' means authorization under section 15(1)(c) of the Ordinance, and
'authorized' shall be construed accordingly; (L.N. 148/88)

'dealer' includes a person whose registration as a dealer has been revoked;

'default', in relation to the failure of a dealer to perform a legal obligation, means a
default arising from

(a)any breach of trust committed by the dealer or any co-trustee of the
dealer, and if the dealer is a corporation, by any director or other officer of
the corporation;

(b)any defalcation' fraud or misfeasance committed by the dealer or any
servant of the dealer and

(i) if the dealer is a member of a dealing partnership, by any partner of
the partnership; or

(ii) if the dealer is a corporation, by any director or officer of the
corporation;

'deposit' means a deposit or that part of a deposit required to be paid, or directed
to be forfeited, by the Commissioner under section 52(2) of the Ordinance;

'fund' means

(a)in the case of a mutual fund corporation, a separate pool of assets in
respect of which the corporation is the issuer of redeemable shares;

(b)in the case of a unit trust, a separate pool of assets in respect of which
the beneficiaries under the trust may participate; (L.N. 148188)

'legal obligation' includes an obligation arising under a contract or quasicontract
or under a trust (including a constructive trust).

Amounts to he deposited

3. The following amounts are prescribed for the purposes of section 52(1) of
the Ordinance





(a)in the case of an applicant who is an individual, whether he intends to
carry on business alone or in partnership with one or more other dealers, a
sum of $50,000 payable in cash; and

(b)in the case of an applicant which is a corporation a sum consisting of
$50,000 payable in cash for each dealing director of the corporation.

Application of deposits by trustees in bankruptcy

4. (1) Subject to paragraph (2), where the Commissioner pays a deposit to the
trustee in bankruptcy of a bankrupt dealer pursuant to section 52(2)(a) of the
Ordinance, the trustee shall apply the deposit as if the clients of the dealer in his
capacity as a dealer in securities were the only creditors of the dealer.

(2) If there are no clients of the dealer who are his creditors or if their claims
against the dealer have been fully satisfied, the trustee in bankruptcy may apply the
deposit or, as the case may be, the balance of the deposit for the benefit of any
other creditors of the dealer.

Application of deposits by liquidators

5. (1) Subject to paragraph (2), where the Commissioner pays a deposit to the
liquidator of a dealer pursuant to section 52(2)(b) of the Ordinance and the dealer,
being a corporation, is ordered to be wound up by the Court, the liquidator shall
apply the deposit as if the clients of the dealer in its capacity as a dealer in
securities were the only creditors of the dealer.

(2) If there are no clients of the dealer who are its creditors or if their claims
against the dealer have been fully satisfied, the liquidator may apply the deposit or,
as the case may be, the balance of the deposit for the benefit of any other creditors
of the dealer.

Application of deposits forfeited under section 52(2)(c)
of the Ordinance

6. (1) Where a deposit made by a dealer is forfeited under section 52(2)(c), it
shall be applied for the purpose of compensating persons who establish claims as
provided in this regulation.

(2) Where a person sustains pecuniary loss because of the failure of a dealer,
by reason of a default committed in the course of or in connection with the dealer's
business of dealing in securities, to perform a legal obligation owed to that person
in relation to any money, securities or other property

(a)which was entrusted to or received by that dealer, or any director, partner
or employee of that dealer, for or on behalf of that person; and

(b)to which that person is entitled or in which that person has a beneficial
interest (whether existing or contingent),

he shall be entitled to claim compensation in accordance with this regulation.

(3) The amount which a claimant shall be entitled to claim as compensation is
the amount of the actual pecuniary loss suffered by him (including the





reasonable costs of and disbursements incidental to the making and proof of his
claim) less the amount or value of all money or other benefits received or receivable
by him from any source other than the Commissioner in reduction of the loss.

(4) The Commissioner shall cause to be published in a daily newspaper in the
English language and a daily newspaper in the Chinese language published and
circulating generally in Hong Kong a notice in the form prescribed in the First
Schedule specifying a date, not being earlier than 3 months after publication of the
notice, on or before which claims for compensation from the deposit lodged by the
dealer specified in the notice may be made.

(5) A claim for compensation may be made in writing to the Commissioner

(a)if a notice under paragraph (4) has been published, on or before the date
specified in the notice; or

(b)if no such notice has been published, within 6 months after the claimant
became aware of the default.

(6) The he Commissioner shall, subject to these regulations and after such
inquiry as he thinks fit

(a)at any time after the commission of the default in respect of which the
claim arose allow any proper claim made in accordance with paragraph (5)
and determine the amount payable as compensation (whether or not in
excess of $50,000); and

(b) disallow any other claim.

(7) Where all claims made in accordance with paragraph (5) have been dealt
with under paragraph (6), the Commissioner shall, as soon as practicable thereafter
and subject to paragraph (8), authorize payments from the relevant deposit, in
respect of amounts determined under paragraph (6), to the persons whose claims
have been allowed.

(8) In authorizing payment under paragraph (7), the Commissioner shall have
regard to the following

(a)if only one amount is determined under paragraph (6) and that amount
does not exceed the deposit, that amount is payable in full;

(b)if 2 or more amounts are so determined and those amounts together do
not exceed the deposit, those amounts shall be payable in full;

(c)if only one amount is so determined but exceeds the deposit, only so
much of the amount as does not exceed the deposit shall be payable;

(d)if 2 or more amounts are so determined and those amounts together
exceed the deposit, the total amount payable to all claimants whose claims
have been allowed under paragraph (6) shall not exceed the amount of the
deposit and each amount so determined shall be abated by the same
proportion as the total amounts determined bear to the amount of the
deposit.





Fees

7. (1) The fees set out in the Second Schedule are prescribed for the matters
specified therein.

(2) If an applicant withdraws his application for registration or renewal of
registration, or, if registration or renewal of registration is refused by the
Commissioner, half of the fees paid by the applicant shall be returned to him by the
Commissioner.

Change of information

8. The following changes of information are prescribed for the purposes of
section 63(1)(b) of the Ordinance

(a) in every case-

(i) any change of name or business name;

(ii) where there is a change in membership of any stock or commodity
futures exchange in Hong Kong or elsewhere, the details of such
changes;

(iii) where the registered person becomes a plaintiff or a defendant in a
civil litigation, the particulars of the litigation; and

(b) in the case of a registered person who is an individual-

(i) where he is convicted of an offence other than a traffic offence,
particulars of the offence including the penalty imposed;

(ii) where he is adjudicated civilly liable for any fraud, misfeasance or
other misconduct in connection with the formation or management of any
corporation, details of the circumstances including the findings;

(iii) where he is involved in the affairs of any corporation which is
being investigated by an inspector or officer appointed under any
enactment, details of the circumstances;

(iv) where a bankruptcy petition is served on him, details of the
petition;

(c) in the case of a registered person which is a corporation-

(i) where there is a change of the ultimate holding company, details of
the change;

(ii) where there is a change in the nominal or issued share capital,
details of the change;

(iii) where a winding-up petition is served on the corporation, details of
the petition;

(d)in the case of a registered dealing partnership or investment advisers'
partnership, where there is a change in the capital distribution of the
partners, details of the change.

Representatives to notify changes of address

9. (1) Any dealer's representative or investment representative who changes
his business address shall notify the Commissioner of the change.





(2) Any person who, without reasonable excuse, fails to comply with
paragraph (1) within 7 days after the change takes place commits an offence and is
liable to a fine of $2,000.

Certificate of registration to be exhibited

. 10. (1) Every registered person other than a representative shall exhibit his
certificate of registration in a prominent place at his place of business or, if he has
more than one place of business, at his principal place of business.

(2) Any person who, without reasonable excuse, fails to comply with
paragraph (1) commits an offence and is liable to a fine of $1,000.

Applications for authorization of mutual fund corporations
and unit trusts

11. (1) An application for authorization of a mutual fund corporation or unit
trust shall be accompanied by the following fee

(a)where authorization is sought in respect of a mutual fund corporation that
maintains, or is capable of maintaining, more than one fund, a fee of
510,000 plus $10,000 for each fund in respect of which authorization is
sought;

(b)where authorization is sought in respect of a unit trust within which there
is, or could be, more than one fund, a fee of $10,000 for each fund in
respect of which authorization is sought;

(c) in any other case, a fee of $10,000.

(2) An application for extension of an authorization to cover another fund shall
be accompanied by a fee of $10,000.

(L.N. 148/88)

Fees for authorization of mutual fund corporations and
unit trusts

12. (1) An authorization of a mutual fund corporation or unit trust shall not
take effect unless the following fee is paid

(a)where the authorization is of a mutual fund corporation that maintains, or
is capable of maintaining, more than one fund, a fee of $5,000 plus $5,000
for each fund to which the authorization extends;

(b)where the authorization is of a unit trust within which there is, or could be,
more than one fund, a fee of $5,000 in respect of each fund to which the
authorization extends;

(c) in any other case, a fee of $5,000.

(2) An extension of an authorization to cover another fund shall not take effect
unless a fee of $5,000 is paid.

(L.N. 148/88)





Annual fees for authorized mutual fund corporations and
unit trusts

13. (1) The following annual fees shall be paid-

(a)in respect of an authorized mutual fund corporation that maintains, or
is capable of maintaining, more than one fund, a fee of $2,700 plus
$2,700 for each fund proposed to be maintained during the year in
question;

(b)in respect of an authorized unit trust within which there is, or could be,
more than one fund, a fee of $2,700 for each fund proposed to be
maintained during the year in question;

(c) in any other case, a fee of $2,700.

(2) An authorization of a mutual fund corporation or unit trust shall not
take effect unless the annual fee is paid.

(3) Subject to paragraph (4), the annual fee shall also be paid on or before
the anniversary, in each succeeding year; of the date on which an authorization
took effect.

(4) In the case of a mutual fund corporation or unit trust which was
immediately before the commencement of the Securities (Miscellaneous)
(Amendment) Regulations 1988 (L.N. 148/88) an authorized mutual fund
corporation or unit trust, the annual fee shall be paid-

(a) within 1 month after the commencement of those regulations; and

(b)on or before the anniversary, in each succeeding year, of the commen-
cement of those regulations.
(L.N. 148/88)

Cessation of authorization

14. (1) A mutual fund corporation or unit trust that has ceased to be
authorized shall not be authorized again unless the fees prescribed by regula-
tions 11 (1), 12(1) and 13(1) are paid.

(2) An authorized mutual fund corporation or unit trust that has ceased
to be authorized in respect of any fund shall not be authorized again in respect
of that fund unless the fees prescribed by regulations 11(2), 12(2) and 13(1) are
paid.
(L.N. 148/88)

Publication in the Gazette

15. (1) Where a mutual fund corporation or unit trust becomes
authorized or ceases to be authorized, the Commission shall within 1 month
give notice in the Gazette of that fact and, where an authorization applies or
used to apply to more than one fund, of the names of the funds.

(2) Where an authorization is extended to another fund or ceases to apply
to a particular fund, the Commission shall within 1 month give notice in the
Gazette of that fact and of the name of the fund.





(3) The Commission shall cause to be published in the Gazette, at least once
each year, the names of all mutual fund corporations and unit trusts that are
authorized and, where an authorization applies to more than one fund, of the names
of the funds.

(L.N. 148/88)

FIRST SCHEDULE

CLAIMS NOTICE

SECURITIES ORDINANCE

(Chapter 333)

NOTICE CALLING FOR CLAIMS AGAINST DEPOSIT LODGED
WITH THE COMMISSIONER FOR SECURITIES

In the matter

[reg. 6]

1 . Notice is hereby given that all persons claiming to have sustained pecuniary loss from a
default committed in the course of or in connection with the business of the above-named
............

........................................................................ : of
dealing

in securities are required to deliver to the Commissioner for Securities particulars of their claims

in writing on or before the of 19

2. Claims not received by the Commissioner on or before the date specified in paragraph 1
above will not be admitted and no payment will be made in respect of those claims.

Dated this .........day of 19

Commissioner for Securities.







SECOND SCHEDULE

PART I

APPLICATION FEES FOR REGISTRATION OR RENEWAL OF REGISTRATION

Item


[reg. 7]

Description of registration

1. Dealer (individual)
2. Dealer (corporation)
3. Dealing partnership
4. Dealer's representative

5.....................Investment adviser (individual) :

6. Investment adviser (corporation)
....................................................................
7. Investment advisers' partnership
.....................................................................

8. Investment representative

PART II

MISCELLANEOUS FEES

Description

. Issue of a duplicate certificate of registration
..................................................

2. Inspection of the registers kept under section 64(1) of the Ordinance, each

Fee

1,300
1,300
1,300

450
1,000
1,000
1,000

450

Fee

50



Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3255

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:32:35 +0800
<![CDATA[SECURITIES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3254

Title

SECURITIES ORDINANCE

Description






LAWS OF HONG KONG

SECURITIES ORDINANCE

CHAPTER 333





CHAPTER 333

SECURITIES ORDINANCE

ARRANGEMENT OF SECTIONS

Section................................... Page

PART I

PRELIMINARY
MATTERS

1. Short title .......................................................... 7

2. Interpretation .......................7
3. Saving for certain transactions .....13
4. Definition of related corporation ...15

5. Interests in securities .......................... 16

PART II

SECURITIES AND FUTURE
COMMISSION

6-13................................(Repealed) 18
14....................................Rules 18
15......Commission may authorize mutual fund corporations and unit trusts 20
16-19...............................(Repealed) 20

PART III

STOCK MARKETS

20................Restriction on establishment of stock markets 20
21...........Restriction on use of the title 'stock exchange', etc . 20

22. Dealer not to deal in securities in a stock market that is not the Unified

Exchange ............................21
23.......................Power of entry and search, etc . 21
24............................Power to order closure 21
25..................................(Repealed) 22
26.................Suspension of dealings for misconduct, etc . 22
27....Commission may order closure of Unified Exchange in emergencies, etc . 23
28...............Publication of direction or order in the Gazette 24
29.......................Appeal against direction, etc . 24

30.....................(Repealed) .............................................................. 24

PART IV

(Repealed)

PART V

38-46. (Repealed)...........................................................
................................................. 24





Section.................................... Page
PART VI
REGISTRATION OF DEALERS, INVESTMENT ADVISERS, AND
REPRESENTATIVES, ETC.
47. Application of Part VI ..............24
48. Registration as a dealer ............25
49. Registration as an investment adviser 25
49A. Registration as a dealing partnership 26
49B. Registration as an investment advisers' partnership 26
49C. Dealing directors only to deal on behalf of registered dealing corporations 26
49D. Supervisory directors of corporations which are registered investment advisers

only to carry on the business of an investment adviser for such corporations 27

50. Registration as a representative ....27
50A..Partnerships which may be registered as dealing partnerships or investment
advisers' partnerships ..............28
51. Grant of certificates of registration 28
51A..................................(Repealed) 29
52. Deposit required before registration as a dealer 29
52A.................Accounts of sums deposited under section 52 32
53. Refusal of registration .............32
53A............Amendment of conditions of certificate of registration 34

54. (Repealed)
................................................................................................... 34

54A.................Deemed registration of certain partnerships 34
55. Revocation and suspension of certificates of registration in certain cases 35

56. Powers of Commission in relation to misconduct ..........................
37

57. Effect of revoking or suspending registration 38

58-59. (Repealed) .......................39

60. Exempt dealers ......................39
61. Exempt investment advisers ..........40

62. Offence to make a false representation for the purpose of obtaining a

certificate of registration under this Part 40

63. Information to be provided by registered person other than a representative,

etc . ...............................41
64. Commission to keep a register of dealers, etc. 42
65. Publication of names of registered dealers, etc . 43

PART VIA

SPECIAL PROVISIONS RELATING To
DEALERS

65A.................Qualifications for registration as a dealer 43
65B.......................Capital requirements for dealers 44
65C......................Failure to comply with section 65B 45
65D.............Books, accounts and records to be produced on demand 46





Section................................... Page

PART VII

RECORDS

66......................Application of Part VII
....................................................... 46

67.......................................Certain persons to maintain registers of securities 47
68.......................................Certain notices to be given to the Commission 47
69.......................................Defences 48
70.......................................Power of Commission to require certain information to be supplied to him 49
71.......................................Power of Commission to supply copy of register 49

PART VIII

TRADING IN SECURITIES

72.......................................Offers by dealers 49
73.......................................Calls by registered dealers 51
74.......................................Hawking of securities 52
75.......................................Issue of contract notes 53
76.......................................Dealers not to engage in option or forward trading 54
77.......................................Dealers to provide certain information, etc. to client 54
78.......................................Certain representations prohibited 55
79.......................................Disclosure of certain interests 55
80.......................................Short selling prohibited 57
81.......................................Disposition of security documents 58

PART IX

ACCOUNTS AND AUDIT

82.......................................Application and interpretation of Part IX 59
83.......................................Accounts to be kept by dealers 59
84.......................................Certain money received by dealer to be paid into a trust account 61
85.......................................Money in trust account not available for payment of debts, etc . 62
86.......................................Claims and liens not affected 63
87.......................................Dealer to appoint auditor 63
87A......................................Dealer's financial year 63
88.......................................Dealer to lodge auditor's report 64
89.......................................Auditor to send report directly to Commission in certain cases 64
90.......................................Power of Commission to appoint auditor 64
91.......................................Power of Commission to appoint an auditor on the application of a client 65

92......................Auditor to report to Commission 66





Section................................... Page

93. Powers of auditors ...................................... 66

94. Right of auditors and employees to communicate certain matters 66
95. Books, accounts, and records to be produced on demand 67

96. Offence to destroy, conceal, or alter records or send records or other property

outside Hong Kong
...................................................................... 67

97. Right of committee to impose obligations, etc., on members of Exchange

Company not affected by this Part 68

PART X

COMPENSATION
FUND

98. Interpretation .......................68
99. Establishment of compensation fund ...69
100.......................................Securities Compensation Fund Committee 69
101.......................................Money constituting the compensation fund 70
102.......................................Money to be kept in bank account 70

103.................Accounts of fund
...................................................................... 70
104.................Exchange Company to make deposits in respect of members
....................71

105.......................................Balance of sums in bank account may be invested 71
106.......................................Repayment of deposits in certain cases 72

107................................Replenishment of fund in certain cases ................... 72
108................................Payments out of the fund
...................................................................... 72

109..................Claims against the fund ................ 73

110.......................................Powers of Commission to increase payments made in respect of claims 74
111.......................................Rights of innocent partner, etc. in relation to the fund 74
112.......................................Notice calling for claims against the fund 75

113....................................Power of the committee of the Exchange Company in respect of claims ......76

114. Committee of the Exchange Company may require production of securities,

etc . .............................76

115....................................Court proceedings to establish a claim against the fund ...... 77

116. Supplementary provisions relating to proceedings brought under section 115 77

117....................................Form of court order establishing claim ...... 77

118. Subrogation of the Commission to rights, etc., of claimant on payment from

fund ...................................................
............................................ 78

119........................Payment of claims only from the fund ...... 78


120. Provision where fund is insufficient to meet claims or where claims exceed

total amount payable
............................................ 78

121. Power of Commission to return contributions on winding up the Exchange

Company ..............................79
121A......................................Commission may act where committee fails to do so 79





Section Page

PART XI
INSPECTIONS AND INVESTIGATIONS
Inspections
122-125. (Repealed) ......................80

Investigations

126. Interpretation for the purposes of sections 127 to 134 80
127. Investigation by inspector ..........80
128. Notes of examination ................82
129. Delegation of powers, etc., by inspector 82
130. Report of inspector .................83
131. Privileged communications ...........84
132. Cost of investigation ...............84
133. Concealing, etc., of books relating to securities 85
134. Commission may make certain orders ..85
PART XII
PREVENTION OF IMPROPER TRADING PRACTICES
Offences
135. False markets and trading ...........86
136. Employment of fraudulent or deceptive devices etc . 87
137. Restrictions on fixing, etc. prices for securities 87
138. False or misleading statements about securities 87
139. Offences and penalty in relation to sections 135 to 138 88
140. (Repealed) ..........................88
Action in Tort
141. Liability to pay compensation .......88
PART XIIA
INSIDER DEALING
141 A. Application of this Part ..........88

Definition of insider dealing

141 B. When insider dealing takes place ..89
141C. Culpability of insider dealing .....89
141 D. Definitions applicable to this Part 90
141 E. Definition of person connected with a corporation 91
141 F. Possession of relevant information by public officers 92





Section................................... Page
Insider Dealing Tribunal
141G....................Insider Dealing Tribunal established 92

Inquiries by Tribunal

141 H..............................Inquiries into insider dealings ................ 92

141I....................Report of Tribunal following inquiry 93

Powers of Tribunal

141J...............................Application to Tribunal of Commissions of Inquiry Ordinance .... 94

141 K.............Further powers of Tribunal to obtain information 94
141 L..............No privilege allowed except to legal advisers 96

PART XIII
MISCELLANEOUS PROVISIONS
142...............Restriction on use of title 'underwriter', etc . 96
143........................Investment advisory contracts 97
144........................Court may make certain orders 98
145............................Miscellaneous offences 99
146................................Regulations 99
146A..........................Rules by the Commission 101
147........................Liability of directors, etc . 102
148.......Commission may prosecute certain offences against this Ordinance 102
149.............Amendment of Schedules and certain specified amounts 103
150..................................(Repealed) 103

Schedule 1. Requirements to be satisfied in relation to offers to acquire securities 103
Schedule 2. Requirements to be satisfied in relation to offers to dispose of securities 104

Schedule 3....................Insider Dealing Tribunal 106





CHAPTER 333

SECURITIES

To make provision in relation to stock markets and dealers in securities, to control trading in
securities and the business of advising on making investments, and to provide for the
protection of investors and associated matters.

(Amended 58 of 1985 s. 32)

[Parts I and II 1 March 1974 L.N. 39 of 1974
Parts III and IV 1 June 1974 L.N. 107 of 1974
Part V 11 October 1974 L.N. 209 of 1974
Parts VI and VII 1 October 1974 L.N. 197 of 1974
Part VIII 29 November 1974 L.N. 247 of 1974
Part IX (other than section 88) 1 January 1977 L.N. 296 of 1976
Section 88 30 December 1977 L.N. 296 of 1976
Part X 19 August 1974 L.N. 166 of 1974
Part XI 1 October 1974 L.N. 197 of 1974

Sections 135, 136, 137, 138, 139

and 141 in Part XII 6 March 1974 L.N. 93 of 1974

Part XIIA 17 February 1978 L.N. 8 of 1978
Part XIII 19 August 19741 L.N. 166 of 1974

Originally 12 of 1974 L.N. 56 of 1974, L.N. 140 of 1974, 62 of 1976, 8 of 1978, L.N. 92 of
1980, L.N. 101 of 1980,47 of 1981, L.N. 377 of 1981,58 of 1985, R. Ed. 1986, L.N. 57 of
1988, 33 of 1988, L.N. 294 of 1988, 10 of 1989, L.N. 259 of 1989,

PART I

PRELIMINARY
MATTERS

1. Short title

This Ordinance may be cited as the Securities Ordinance.

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires-





'auditor' means a professional accountant registered and holding a
practising certificate under the Professional Accountants Ordinance
(Cap. 50);
'banker's books' means-
(a) books of a banker;
(b)cheques, orders for the payment of money, bills of exchange, and
promissory notes in the possession of or under the control of a
banker; and
(c)securities in the possession or under the control of a banker,
whether by way of pledge or otherwise;
'books' includes accounts and deeds;
'business', in relation to a dealer, means the business of dealing in securities;
'certificate of registration' means a certificate of registration issued under
Part VI;
'Commission' means the Securities and Futures Commission established under
the Securities and Futures Commission Ordinance (Cap. 24); (Amended
10 of 1989 s. 65)
'committee' in relation to the Exchange Company, means the committee, by
whatever name called, for the management and control of the Exchange
Company; (Replaced 58 of 1985 s. 33)
'company' means a company as defined in section 2 of the Companies
Ordinance (Cap. 32), a company to which Part Xl of that Ordinance
applies, and any body corporate incorporated in Hong Kong having a
share capital;
'constitution', in relation to a company, means the memorandum and articles
of association of the company or other instrument providing the
constitution of the company;
'corporate member' means a body corporate which is a member of the
Exchange Company; (Replaced 58 of 1985 s. 33)
'corporation' means any company or other body corporate formed or
incorporated either in Hong Kong or elsewhere; but does not include-
(a)any body corporate that is incorporated in Hong Kong and is a
public authority or an organ or agency of the Crown;
(b) any corporation sole;
(c)any credit union registered under the Credit Unions Ordinance
(Cap. 119);
(d)any corporation registered under the Multi-storey Buildings
(Owners Incorporation) Ordinance (Cap. 344);
(e)any corporation which has been exempted by regulations from
the provisions of this Ordinance that affect corporations, or any
corporation that belongs to a class of corporations that has been
so exempted;
'Court' means the High Court;





'dealer', subject to section 82(1), means a person who carries on a business of
dealing in securities, whether he carries on any other business or not, and, in
the case of a corporation which is a dealer, includes any director of the
corporation who actively participates in, or is in any way directly responsible
for the supervision of, the corporation's business of dealing in securities; but
does not include- (Amended 62 of 1976 s. 2)

(a)a solicitor or professional accountant whose carrying on business as
a dealer is wholly incidental to the practice of his profession;

(b)except where specifically provided in this Ordinance, an exempt
dealer;

(c)a person who carries on a business of dealing in securities only
through a registered or exempt dealer;

'dealer's representative' means a person in the employment of, or acting for or by
arrangement with, a dealer, not being an exempt dealer who performs for that
dealer any of the functions of a dealer (other than work ordinarily performed by
an accountant clerk, or cashier) whether his remuneration is by way of salary,
wages, commission, or otherwise, but, in the case of a corporation which is a
dealer, does not include a director of the corporation; (Replaced 62 of 1976 s.2)

'dealing director' means a director of a corporation who, either alone or with others,
actively participates in, or is directly responsible for the supervision of, the
corporation's business of dealing in securities; (Added 58 of 1985 s. 2)

'dealing in securities', in relation to any person (whether acting as principal or
agent), subject to section 3, means making or offering to make an agreement
with any other person, or inducing or attempting to induce any other person to
enter into or offer to enter into any agreement

(a)for or with a view to acquiring, disposing of, subscribing for or
underwriting securities;

(b)the purpose or pretended purpose of which is to secure a profit to
any of the parties from the yield of securities or by reference to
fluctuations in the value of securities; (Amended 62 of 1976 s. 2)

'dealing partnership' means a partnership which carries on the business of dealing
insecurities; (Added 58 of 1985 s. 2)

'defalcation' means a misapplication of money, securities, or other property;

'director' has the same meaning as in section 2 of the Companies Ordinance (Cap.
32); (Added 62 of 1976 s. 2)

'document' includes any register, books, record, tape recording, any form of
computer input or output, and any other document or similar material (whether
produced mechanically, electrically, or manually, or by any other means
whatsoever);





'Exchange Company' means the company recognized as the Exchange Company
under section 3 of the Stock Exchanges Unification Ordinance (Cap.361);
(Added 58 of 1986 s. 33)

'exempt dealer' means a person declared under section 60 to be an exempt dealer for
the purposes of this Ordinance;

'exempt investment adviser' means a person declared under section 61 to be an
exempt investment adviser for the purposes of this Ordinance; (Added 62 of 1976
s. 2)

'financial year' means

(a)in the case of a dealer, the period notified by him under section 87A
or permitted by the Commission under that section; (Amended 10 of
1989 s. 65)

(b)in any other case, a period of 12 months ending on the 31st March in
any calendar year; (Replaced 62 of 1976 s. 2)

'foreign stock exchange' means a stock exchange which is permitted to operate in a
country or territory outside Hong Kong by the law of that country or territory
or, in the case of a country or territory which has no written law relating to
stock exchanges, is not prevented from operating by the law of that country or
territory;

'individual member' means a natural person who is a member of the Exchange
Company; (Replaced 58 of 1985 s. 33)

'investment adviser' means any person who

(a)for remuneration carries on a business of advising other persons
concerning securities;

(b)for remuneration as part of a regular business issues analyses or
reports concerning securities; or

(c)for remuneration pursuant to a contract or arrangement with a client,
undertakes on behalf of the client the management of a portfolio of
securities, including the arranging of purchases, sales, or exchanges
of securities through a dealer or exempt dealer, (Amended 10 of 1989 s.
65)

and, in the case of a corporation which is an investment adviser, includes any
director of the corporation who actively participates in, or is in any way directly
responsible for the supervision of, the corporation's business as an investment
adviser; but does not include

(i) a licensed bank;

(ii)a solicitor or professional accountant whose carrying on business as
an investment adviser is wholly incidental to the practice of his
profession;

(iii)the proprietor or publisher of, or any contributor to, a bona fide
newspaper, magazine, journal, or other periodical publication that is
generally available to the public, otherwise than on subscription,
who, only in that bona fide newspaper, magazine,





journal, or periodical publication, advises other persons concerning
securities, or issues analyses or reports concerning securities, not
being the proprietor or publisher of, or a contributor to, a newspaper,
journal, magazine, or other periodical publication whose principal or
only object is to advise others concerning securities or to issue
analyses or reports concerning securities;

(iv) a dealer or exempt dealer to the extent that his giving of investment
advice is incidental to his carrying on business as a dealer or exempt
dealer;

(v) a trustee company registered under Part VIII of the Trustee Ordinance
(Cap. 29);

(vi) an exempt investment adviser; (Replaced 62 of 1976 s. 2)

'investment advisers' partnership' means a partnership which carries on the
business of an investment adviser; (Added 58 of 1985 s. 2)

'investment representative' means a person in the employment of, or acting for or
by arrangement with, an investment adviser, not being an exempt investment
adviser, who performs for that investment adviser any of the functions of an
investment adviser (other than work ordinarily performed by an accountant,
clerk or cashier) whether his remuneration is by way of salary, wages,
commission, or otherwise, but, in the case of a corporation which is an
investment adviser, does not include a director of the corporation; (Replaced
62 of 1976 s. 2)

'issue' includes distribute and circulate; (Added 62 of 1976 s.2)

'licensed bank' means a bank licensed under the Banking Ordinance (Cap. 155) to
carry on banking business in Hong Kong;

'limited partnership' means a limited partnership registered under the Limited
Partnerships Ordinance (Cap. 37); (Added 58 of 1985s.2)

'listing', in relation to a security, means the procedure whereby a security is listed
on the Unified Exchange; (Amended 58 of 1985 s. 33)

'member', in relation to the Exchange Company or the Unified Exchange, means a
member within the meaning of section 2 of the Stock Exchanges Unification
Ordinance (Cap. 361), of the Exchange Company; (Added 58 of 1985 s. 33)

'mutual fund corporation' means any corporation which is or holds itself out as
being engaged primarily, or proposes to engage primarily, in the business of
investing, reinvesting or trading in securities and which is offering for sale or
has outstanding any redeemable shares of which it is the issuer;

'purchase', in relation to any securities, includes subscribing for those securities;

'registered', in relation to a dealer, dealing partnership, dealer's representative,
investment adviser, investment advisers' partnership or investment





representative, means registered under this Ordinance; (Amended 58 of
1985 s.2)

'registered company' means a company formed and registered under the
Companies Ordinance (Cap. 32);

'representative' means a dealer's representative or an investment representative;

'rules', in relation to the Exchange Company or the Unified Exchange, means the
rules governing the operation and management of the Unified Exchange or the
conduct of its members, by whatever name they may be called and wherever
contained; (Replaced 58 of 1985 s. 33)

'securities' means any shares. stocks, debentures, loan stocks, funds, bonds, or
notes of, or issued by, any body, whether incorporated or unincorporated, or
of any government or local government authority; and includes(Amended 62 of
1976 s. 2)

(a)rights, options, or interests (whether described as units or otherwise)
in or in respect of any of the foregoing;

(b)certificates of interest or participation in, or temporary or interim
certificates for, receipts for, or warrants to subscribe to or purchase,
any of the foregoing; or

(c) any instruments commonly known as securities; but does not include

(i) any shares or debentures of any company which- is a private
company within the meaning of section 29 of the Companies
Ordinance (Cap. 32);

(ii) any interest arising under a partnership agreement or proposed
partnership agreement (other than an agreement creating a limited
partnership), unless the agreement or proposed agreement relates to
an undertaking, scheme, enterprise, or investment contract
promoted by or on behalf of a person whose ordinary business is or
includes the promotion of similar undertakings, schemes,
enterprises, or investment contracts, whether or not that person is,
or is to become, a party to the agreement or proposed agreement, or
unless the agreement is or would be an agreement, or is or would be
within a class of agreements, prescribed by regulations for the
purposes of this paragraph;

(iii) any negotiable receipt or other negotiable certificate or document
evidencing the deposit of a sum of money, or any rights, or interest
arising under any such receipt, certificate, or document;

(iv) any bill of exchange within the meaning of section 3 of the Bills of
Exchange Ordinance (Cap. 19) and any promissory note within the
meaning of section 89 thereof, (Added 62 of 1976 s.2)

(v)any debenture that specifically provides that it is not negotiable or
transferable; (Added 62 of 1976 s.2)





'share' means a share in the capital of a corporation; and includes the stock or any
part of the stock of a corporation;

'stockbroker' means a member of the Exchange Company; (Replaced 58 of 1985 s.33)

'Stock market' means a place where persons regularly meet together to negotiate
sales and purchases of securities (including prices), or a place at which
facilities are provided for bringing together sellers and purchasers of
securities; but does not include the office of a stockbroker or of a registered
dealing partnership of which a stockbroker is a partner; (Amended 58 of
1985 s. 33)

'title' includes name or description;

'trust account' means a trust account established under section 84;

'underwriter' means a person who for remuneration undertakes to subscribe for or
purchase on specified terms such specified securities as are offered to the
public by a person issuing or selling those securities, but are not subscribed
for or purchased by the public; (Amended L.N. 377 of 1981)

'Unified Exchange' or 'exchange' means the stock market established under
section 27 of the Stock Exchanges Unification Ordinance (Cap. 361); (Added 58
of 1985 s. 33)

'unit trust' means any arrangement made for the purpose, or having the effect, of
providing facilities for the participation by persons, as beneficiaries under a
trust, in profits or income arising from the acquisition, holding, management or
disposal of securities or any other property whatsoever.

(2) In this Ordinance a reference to securities of a corporation is a
reference to securities-

(a) issued, made available, or granted by the corporation;

(b)proposed to be issued, made available, or granted by the corporation;
or

(c)proposed to be issued, made available, or granted by the
corporation when it is formed.
(3) In this Ordinance a security is regarded as listed on the Unified

Exchange when the exchange has on the application of the company which
issued the security, or on the application of any holder of the security, agreed to
allow, subject to the requirements of this Ordinance, dealings in that security to
take place on the Unified Exchange. (Amended 58 of 1985 s. 33)
(4) (Repealed 58 of 1985 s. 2)

3. Saying for certain transactions

(1) For the purpose of determining whether or not a person has dealt in
securities or has communicated an offer to acquire or dispose of securities, no
account shall be taken of his having (whether as principal or as agent)-





(a)effected any dealing through, or made an offer to acquire or dispose
of securities to, a registered dealer or a registered dealer's
representative, or an exempt dealer or an exempt dealer's
representative;

(b)issued a prospectus which complies with, or is exempt from
compliance with, Part II of the Companies Ordinance (Cap. 32), or in
the case of a company incorporated outside Hong Kong, complies
with or is exempted from compliance with Part XII of that Ordinance;

(e)issued any document relating to securities of a corporation
incorporated in Hong Kong that is not a registered company, being a
document which

(i) would if the corporation were a registered company be a
prospectus to which section 38 of the Companies Ordinance
(Cap. 32) applies, or would apply if not excluded by subsection
(5)(b) of that section or by section 38A of that Ordinance; and

(ii) contains all the matters which, by virtue of Part XII of that
Ordinance, it would be required to contain if the corporation
were a company incorporated outside Hong Kong and the
document were a prospectus issued by that company;

(d)issued a form of application for shares or debentures of a company,
together with

(i) a prospectus which complies with, or is exempt from compliance
with, Part II of the Companies Ordinance (Cap. 32) or, in the
case of a company incorporated outside Hong Kong, complies
with or is exempt from compliance with Part XII of that
Ordinance; or

(ii) in the case of a corporation incorporated in Hong Kong which is
not a registered company, a document which contains the
matters specified in paragraph (c)(ii);

(e)issued a prospectus which has been approved by the Commission in
relation to a mutual fund corporation or unit trust authorized by the
Commission under section 15;

(f) issued a form of application for the shares of a mutual fund
corporation or the units of a unit trust, being a mutual fund
corporation or unit trust which has been authorized by the
Commission under section 15, together with a prospectus approved
by the Commission;

or of his having as principal, acquired, subscribed for, or underwritten securities, or
effected transactions with a person whose business involves the acquisition and
disposal, or the holding, of securities (whether as principal or as agent).

(2) The Commission may, on application being made to it in that behalf,
approve a prospectus for the purposes of subsection (1)(e).





(3) Any approval under subsection (2) may be given subject to such
conditions as the Commission thinks fit.
(Amended 10 of 1989 s. 65)

4. Definition of related corporation

(1) Where a corporation-
(a) is the holding company of another corporation;
(b) is a subsidiary of another corporation; or
(c) is a subsidiary of the holding company of another corporation,
that first-mentioned corporation and that other corporation are, for the
purposes of this Ordinance, deemed to be related to each other.
(2) For the purposes of subsection (1), a corporation shall, subject to
subsection (3), be deemed to be a subsidiary of another corporation if-
(a) that other corporation-
(i) controls the composition of the board of directors of the
first-mentioned corporation;
(ii) controls more than half of the voting power of the
first-mentioned corporation; or
(iii)holds more than half of the issued share capital of the
first-mentioned corporation (excluding any part which
carries no right to participate beyond a specified amount on
a distribution of either profits or capital); or (Amended
L.N. 140 of 1974)
(b)the first-mentioned corporation is a subsidiary of any
corporation which is that other corporation's subsidiary.
(3) For the purposes of subsection (2), the composition of a corporation's
board of directors shall be deemed to be controlled by another corporation if
that other corporation by the exercise, of some power exercisable by it, without
the consent or concurrence of any other person, can appoint or remove all or a
majority of the directors, and for the purposes of this provision, that other
corporation shall be deemed to have power to appoint or remove a director if-
(Amended 62 of 1976 s. 3)
(a)a person cannot be appointed as a director without the exercise in
his favour by that other corporation of such a power; or
(b)a person's appointment as a director follows necessarily from his
being a director or other officer of that other corporation.
(4) In determining whether one corporation is a subsidiary of another
corporation-
(a)any shares held by or power exercisable by that other corporation
in a fiduciary capacity shall be treated as not held or exercisable
by it;





(b)subject to paragraphs (c) and (d), any shares held or power
exercisable

(i)by any person as a nominee for that other corporation (except
where that other corporation is concerned only in a fiduciary
capacity); or

(ii) by, or by a nominee for, a subsidiary of that other corporation,
not being a subsidiary which is concerned only in a fiduciary
capacity,

shall be treated as exercisable by that other corporation;
(Amended, L.N. 56 of 1974)

(c)any shares held or power exercisable by any person by virtue of the
provisions of any debenture of the first-mentioned corporation or of
a trust deed for securing any issue of any such debenture shall be
disregarded; and

(d)any shares held or power exercisable by, or by a nominee for, that
other corporation or its subsidiary (not being held or exercisable as
mentioned in paragraph (c)) shall be treated as not held or exercisable
by that other corporation if the ordinary business of that other
corporation or its subsidiary, as the case may be, includes the
lending of money and the shares are held or power is exercisable as
aforesaid by way of security only for the purposes of a transaction
entered into in the ordinary course of that business.

5. Interests in securities

(1) Subject to this section, a person has an interest in securities for the
purposes of sections 19, 67, 79, 135 and 141E(3) if he has authority (whether formal or
informal or express or implied) to dispose of, or to exercise control over the disposal
of, those securities. (Amended 8 of 1978 s.2)

(2) It is immaterial for the purposes of subsection (1) that the authority of a
person to dispose of, or to exercise control over the disposal of, particular securities
is, or is capable of being made, subject to restraint or restriction.

(3) For the purposes of subsection (1), a person shall not be deemed not to
have authority to dispose of, or to exercise control over the disposal of, particular
securities by reason only that his authority is exercisable jointly with another
person.

(4) For the purposes of subsection (1), where a corporation has authority
(whether formal or informal or express or implied) to dispose of, or to exercise
control over the disposal of, securities and

(a)the corporation is, or its directors are, accustomed or under an
obligation, whether formal or informal, to act in accordance with the
directions of a person in relation to those securities; or





(b)a person, or an associate of a person, has a controlling interest in the
corporation,

that person shall be deemed to have authority to dispose of, or to exercise control
over the disposal of, those securities.

(5) For the purposes of subsection (4) of this section, and of subsection (4) of
section 135, a person is an associate of another person if the first-mentioned person
is

(a)a corporation that, by virtue of section 4, is deemed to be related to
that other person;

(b)a person in accordance with whose directions that other person is
accustomed or is under an obligation, whether formal or informal, to
act in relation to the securities referred to in those subsections;

(c)a person who is accustomed or is under an obligation, whether formal
or informal, to act in accordance with the directions of that other
person in relation to those securities;

(d)a corporation that is, or the directors of which are, accustomed or
under an obligation, whether formal or informal, to act in accordance
with the directions of that other person in relation to those securities;
or

(e)a corporation in accordance with the directions of which, or of the
directors of which, that other person is accustomed or under an
obligation, whether formal or informal, to act in relation to those
securities.

(6) Where a person

(a) has entered into a contract to purchase securities;

(b)has a right to have securities transferred to him or to his order,
whether the right is exercisable presently or in the future and whether
on the fulfilment of a condition or not; or

(c)has the right to acquire securities, or an interest in securities, under
an option, whether the right is exercisable presently or in the future
and whether on the fulfilment of a condition or not,

that person shall, to the extent to which he could do so on completing the contract,
enforcing the right or exercising the option, be deemed to have authority to dispose
of, or to exercise control over the disposal of, those securities.

(7) There shall be disregarded

(a)for the purposes of sections 67 and 141E(3), an interest in securities
of a person whose ordinary business includes the lending of money
if he holds the interest only by way of security for the purposes of a
transaction entered into in the ordinary course of business in
connection with the lending of money;





(b)for the purposes of sections 67, 79 and 141E(3), an interest in
securities of a person who holds that interest only by virtue of his
having control over the securities as a manager, agent, trustee, or
nominee for, or as an employee of, another;

(c)where securities referred to in section 135(4) or 141E(3) are subject to a
trust, the interest of a trustee in those securities if a person who is
not a trustee has an interest in those securities by virtue of
subsection (6)(b) of this section; and

(d)for the purposes of any prescribed provision of section 19, 67, 79,
135 or 141E(3), a prescribed interest in securities, being an interest of
such person, or of the persons included in such class of persons, as
is prescribed by regulations. (Amended 62 of 1976 s. 4; 8 of 1978 s.
2)

PART II

SECURITIES AND FUTURES
COMMISSION

6-13. (Repealed 10 of 1989 s. 65)

14. Rules

(1) The Commission may, after consultation with the Exchange
Company, make rules in respect of all or any of the following matters-
(Amended 58 of 1985 s. 35)

(a) the listing of securities on the Unified Exchange, and in

particular-

(i) prescribing the requirements to be met before securities may be
listed on the Unified Exchange;

(ii) prescribing the procedure for dealing with applications for the
listing of securities on the Unified Exchange; and

(iii) providing for the cancellation of the listing of any specified
securities on the Unified Exchange if the Commission's
requirements for listing, or the requirements of the undertaking
referred to in paragraph (f), are not complied with or the
Commission considers that such action is necessary to maintain
an orderly market in Hong Kong; (Amended 58 of 1985 s. 35)

(b) the conditions subject to which, and the circumstances in which,

the Exchange Company shall suspend dealings in securities;
(Amended 62 of 1976 s. 5; 58 of 1985 s. 35)





(c)the procedure for and the method of allotment of any securities
arising out of an offer made to members of the public in respect of
those securities;

(d)the maximum number of persons who may be admitted to membership
of the Exchange Company; (Replaced 58 of 1985 s.35)

(e)the type of business that may be carried on at the Unified Exchange;
(Amended 58 of 1985 s. 35)

(f)requiring companies the securities of which are listed or accepted for
listing on the Unified Exchange to enter into an undertaking in the
form prescribed in the rules with the Exchange Company to provide
such information at such times as may be specified, and to carry out
such duties in relation to its securities as may be imposed, in the
undertaking; (Amended 58 of 1985 ss. 3 & 35)

(fa) requiring the chairman of the committee of the Exchange Company
who has become aware of any matter which adversely affects, or is
likely to adversely affect, the ability of any member of the Exchange
Company to meet his obligations as a dealer, to make a report
concerning the matter to the Commission as soon as practicable after
becoming aware of the matter; (Added 62 of 1976s.5.
Amended 58 of 1985 s.35)

(jb) requiring the Exchange Company when it expels, or suspends the
membership of, any of its members, or requests any of its members to
resign his membership, to notify the Commission of that fact within 3
trading days after the expulsion, suspension or making of the request,
as the case may be, and, in addition, to cause the expulsion,
suspension or request to be notified to the public in such manner and
within such period as may be prescribed in the rules;
(Added 62 of 1976 s.5. Amended 58 of 1985 s.35)

(g) anything which is to be or may be prescribed by rules.

(1A) Rules under this section may provide that a contravention of specified
provisions thereof shall be an offence and may provide penalties therefor not
exceeding a fine of $10,000. (Added 58 of 1985 s.3)

(2) No rules made under this section shall have effect until they have been
approved by the Governor and published in the Gazette.

(3) Nothing in this section prevents the Exchange Company from making rules
on any matter mentioned in subsection (1) under section 34 of the Stock Exchanges
Unification Ordinance (Cap. 361) or the constitution of the Exchange Company if
those rules have been approved by the Commission, but any such rules shall have
effect only to the extent that they are not repugnant to any rule made by the
Commission under subsection (1). (Replaced 58 of 1985 s.35)





15. Commission may authorize mutual

fund corporations and unit trusts

(1) The Commission may authorize mutual fund corporations and unit trusts for
the purposes of this Ordinance.

(2) An authorization under subsection (1) may be granted subject to such
conditions as the Commission considers fair and reasonable.

(Replaced 10 of 1989 s. 65)

16-19. (Repealed 10 of 1989 s. 65)

PART III

STOCK MARKETS
(Amended 58 of 1985 s. 37)

20. Restriction on establishment of stock markets

(1) No person shall

(a)establish or operate a stock market that is not the Unified Exchange;
or

(b)assist in the operation of a stock market that, to his knowledge, is not
the Unified Exchange. (Replaced 58 of 1985 s. 38)

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $500,000 and, in the case of a
continuing offence, to a further fine of $50,000 for each day during which the
offence continues.

21. Restriction on use of the title 'stock exchange' etc.

(1) Subject to section 42(2) of the Stock Exchanges Unification Ordinance (Cap.
361), no person, other than the Exchange Company, shall

(a)take or use the title 'stock exchange' or 'unified exchange' or
'unified stock exchange' or 'united exchange' or 'united stock
exchange'; or

(b)take or use, or have attached to or exhibited at any place, any title
which resembles any of the titles referred to in paragraph (a) or
which so closely resembles any of such titles as to be calculated

to deceive.(Replaced 58 of 1985 s. 39)





(2) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $100,000 and, in the case of
a continuing offence, to a further fine of $5,000 for each day during which the
offence continues.

22. Dealer not to deal in securities in a stock
market that is not the Unified Exchange
Any dealer who transacts a dealing in securities at or through a stock
market in Hong Kong which, to his knowledge, is not the Unified Exchange
shall be guilty of an offence, and shall be liable on conviction to a fine of
$50,000 in respect of each such dealing.
(Amended 58 of 1985 s. 40)

23. Power of entry and search, etc.
(1) Any authorized officer may, with the assistance of such other officers
as may be necessary, without warrant-
(a)enter and search any premises in which he reasonably suspects
that an offence against section 20 or 22 is being or has been
committed; and
(b)remove and detain any thing which he has reason to believe is
evidence of the commission of the offence.
(2) Any such officer may, in the exercise of the powers conferred on him
under subsection (1)-
(a)break open any outer or inner door of any premises which he is
empowered to enter under that subsection;
(b)remove by force any person or thing obstructing him in the
exercise of any such powers;
(c)detain any person found in the premises until they have been
searched.
(3) In this section 'authorized officer' means an authorized officer of the
Commission or any police officer not below the rank of superintendent.
(4) The provisions of section 102 of the Criminal Procedure Ordinance
(Cap. 221) (which makes provision for the disposal of property connected with
offences) shall apply to any thing which has come into the possession of the
Commission under this section in the same way as it applies to property which
has come into the possession of the police.
(Amended 10 of 1989 s. 65)

24. Power to order closure
(1) If any person is charged with an offence against section 20, a
magistrate may, on application made by or on behalf of the Commission, order
that any premises in which the stock market is alleged to have been operated be
locked and secured until the charge is heard and determined.





(2) Any person aggrieved by the making of an order under subsection (1)
and having an interest in the premises in respect of which the order was made
may apply to a magistrate to have the order discharged; and on the hearing of
the application the magistrate may either confirm the order or direct that it be
discharged.
(3) An application under subsection (2) shall not be heard unless a copy
of the application has been served on the Commission at least 24 hours before
the hearing.
(4) If any person is convicted of an offence against section 20, the court
may order the premises in which the stock market was operated to be locked
and secured for such period not exceeding 3 months as may be specified in the
order. (Amended 58 of 1985 s. 41)
(5) Where any order under subsection (1) or (4) has been made, any
authorized officer may take such steps as may be necessary to ensure that the
premises to which the order relates are locked and secured.
(6) Any person who enters or attempts to enter any premises in respect of
which an order made under subsection (1) or (4) is in force without the
authority of the Commission shall be guilty of an offence and shall be liable on
conviction to a fine of $50,000.
(7) In this section 'authorized officer' means an authorized officer of the
Commission or any police officer.
(Amended 10 of 1989 s. 65)

25. (Repealed 58 of 1985 s. 42)

26. Suspension of dealings for misconduct, etc.

(1) The Commission may-
(a)on any of the grounds specified in section 36 of the Stock
Exchanges Unification Ordinance (Cap. 361); and
(b)instead of withdrawing its recognition of the Exchange Company
pursuant to that section,
direct that the premises of the Unified Exchange be closed forthwith for the
transaction of dealings in securities and remain closed until the Commission
revokes the direction.
(2) (Repealed 10 of 1989 s. 65)
(3) The Commission shall give to the Exchange Company not less than 14
days' notice in writing of its intention to issue a direction under subsection (1)
and the notice shall specify the grounds therefor.
(4) While a direction under subsection (1) remains in force, the
recognition of the Exchange Company given under section 3 of the Stock
Exchanges Unification Ordinance (Cap. 361) shall, for the purposes of the
application of sections 20, 21 and 22, be deemed to have been withdrawn.





(5) Where any direction under subsection (1) is in force, any authorized officer
may take such steps as may be necessary to ensure that the premises to which the
direction relates are locked and secured.

(6) Any person who enters or attempts to enter any premises in respect of
which a direction under subsection (1) is in force without the authority of an
authorized officer shall be guilty of an offence and shall be liable on conviction to a
fine of $50,000.

(7) Where any direction is issued under subsection (1), that direction shall take
effect immediately, notwithstanding that an appeal has been made or may be made
under section 29.

(8) In this section 'authorized officer' means an authorized officer of the

Commission or any police officer.
(Replaced 58 of 1986 s. 43.Amended 10 of 1989 s. 65)


27. Commission may order closure of Unified

Exchange in emergencies, etc.

(1) Without prejudice to the powers of the Commission under section 26, the
Commission may, after consultation with the Exchange Company, order that the
Unified Exchange be closed for the transaction of dealings in securities for a period
not exceeding 5 bank trading days.

(2) The Commission may make an order under subsection (1) on the ground
that, in his opinion, the orderly transaction of business on the Unified Exchange is
being or is likely to be prevented because

(a) an emergency or natural disaster has occurred in Hong Kong; or

(b)there exists an economic or financial crisis, whether in Hong Kong or
elsewhere, or any other circumstances, which is likely to prevent
orderly trading on the Unified Exchange.

(3) An order made under subsection (1) may be renewed by a further order for a
further period of not more than 10 bank trading days.

(4) Any dealer who deals in securities listed on the Unified Exchange while an
order made under subsection (1) or (3) is in force (being an order which has been
notified to the committee of the Exchange Company) shall be guilty of an offence
and shall be liable on conviction to a fine of $50,000.

(5) Where an order under subsection (1) or (3) has been made, the Commission
may take such steps as are necessary to secure compliance with the order and may,
in particular, cause the premises of the Unified Exchange to be locked and secured.

(6) Any person who, without the authority of the Commission, enters or
attempts to enter the premises of the Unified Exchange which have been locked and
secured under subsection (5) shall be guilty of an offence and shall be liable

on conviction to a fine of $20,000.
(Replaced 58 of 1986 s. 43.Amended 10 of 1989 s. 65)





28. Publication of direction or order in the Gazette

Where the Commission issues any direction under section 26(1), the
Commission makes any order under section 27(1) or (3), notice of the direction or
order, as the case may be, shall be published in the Gazette.

(Replaced 58 of 1985 s. 43. Amended 10 of 1989 s. 65)

29. Appeal against direction, etc.

(1) Where the Commission has issued a direction under section 26(1), the
Exchange Company may, within 14 days after the publication in the Gazette of notice
of the direction, appeal to the Governor in Council against the direction of the
Commission but the decision of the Commission shall take effect notwithstanding
the fact that an appeal has been made. (Replaced 10 of 1989 s.65)

(2) After considering any appeal under subsection (1) the Governor in Council
may confirm, reverse or vary the direction of the Commission and the decision of the
Governor in Council shall be final. (Amended 10 of 1989 s. 65)

(Replaced 58 of 1985 s. 43)

30. (Repealed 58 of 1985 s. 44)

PART IV

(Repealed 58 of 1985 s. 45)

PART V

38-46. (Repealed 10 of 1989 s. 65)

PART VI

REGISTRATION OF DEALERS, INVESTMENT
ADVISERS,
AND REPRESENTATIVES, ETC,
(Amended 58 of 1985 s. 4)

47. Application of Part VI

(1) Except so far as specifically provided, this Part does not apply to an exempt
dealer or to an exempt investment adviser, or to the representative of an exempt
dealer or exempt investment adviser, but





(a)subject to section 61, nothing in this subsection exempts an exempt
dealer who carries on a business as an investment adviser from being
registered as such under this Part; and

(b)subject to section 60, nothing in this subsection exempts an exempt
investment adviser who carries on a business of dealing in securities
from being registered as a dealer.

(2) Where a person would, but for this subsection, be liable to a penalty for not
being registered as a dealer, dealer's representative, investment adviser, or
investment representative, he shall not be so liable

(a)until the expiry of a period of 3 months immediately following the
commencement of this Part; or

(b)where, before the expiry of that period, he applies for registration,
until

(i) he is registered; or (ii) his
application is refused.

48. Registration as a dealer

(1) A person (whether an individual or a body corporate, or a member of a
partnership or director of a body corporate) shall not carry on a business in Hong
Kong of dealing in securities, or hold himself out as carrying on such a business,
unless he is registered as a dealer under this Part.

(1A) A corporation shall not carry on a business in Hong Kong of dealing in
securities, or hold itself out as carrying on such a business, unless at least one of
the directors of the corporation, or, in the case of a corporation having only one
director, that director, actively participates in, or is directly responsible for the
supervision of, the corporation's business of dealing in securities and is registered
as a dealer under this Part. (Added 62 of 1976 s.9)

(2) Any person who knowingly acts in contravention of subsection (1) or (1A)
shall be guilty of an offence and shall be liable on conviction to a fine of $50,000
and, in the case of a continuing offence, to a further fine of $500 for each day during
which the offence continues. (Amended 62 of 1976 s.9)

49. Registration as an investment adviser

(1) A person (whether an individual or a body corporate, or a member of a
partnership or director of a body corporate) shall not in Hong Kong act as an
investment adviser or hold himself out to be an investment adviser unless he is
registered as an investment adviser under this Part.

(1A) A corporation shall not in Hong Kong act as an investment adviser, or
hold itself out to be an investment adviser, unless at least one of the directors of the
corporation, or, in the case of a corporation having only one director, that director,
actively participates in, or is directly responsible for the supervision of, the
corporation's business as an investment adviser and is

registered as an investment adviser under this Part.(Added 62 of1 976 s.10)





(2) Any person who knowingly acts in contravention of subsection (1) or (1A)
shall be guilty of an offence and shall be liable on conviction to a fine of $20,000
and, in the case of a continuing offence, to a further fine of $200 for each day during
which the offence continues. (Amended 62 of 1976 s. 10)

49A. Registration as a dealing partnership

(1) No registered dealer shall

(a)be or remain a member of a partnership carrying on a business in
Hong Kong of dealing in securities, or hold itself out as carrying on
such business, unless the partnership is registered as a dealing
partnership under this Part; or

(b)being a partner in a dealing partnership which is registered under this
Part, carry on a business in Hong Kong of dealing in securities, or
hold himself out as carrying on such business, otherwise than as a
member of such partnership.

(2) Any person who knowingly acts in contravention of subsection (1) shall be
guilty of an offence and shall be liable on conviction to a fine of $50,000 and, in the
case of a continuing offence, to further fine of $500 for each day during which the
offence continues.

(Added 58 of 1985 s. 5)

49B. Registration as an investment advisers' partnership

(1) No registered investment adviser shall

(a)be or remain a member of a partnership which acts in Hong Kong as
an investment adviser, or hold himself out as so acting, unless the
partnership is registered as an investment advisers' partnership
under this Part; or

(b)being a partner in an investment advisers' partnership which is
registered under this Part, act in Hong Kong as an investment
adviser or hold himself out as so acting, otherwise than as a member
of such a partnership.

(2) Any person who knowingly acts in contravention of subsection (1) shall be
guilty of an offence and shall be liable on conviction to a fine of $20,000 and, in the
case of a continuing offence, to a further fine of $200 for each day during which the
offence continues.

(Added 58 of 1985 s. 5)
49C.Dealing directors only to deal on behalf
of registered dealing corporations

(1) No dealing director of a corporation which is a registered dealer shall carry
on in Hong Kong a business of dealing in securities except a business carried on for
and on behalf of





(a) that corporation;

(b)a registered dealing partnership, in which that corporation is a
partner; or

(c)another corporation of which he is a dealing director and which is
also a registered dealer.

(2) Any person who knowingly acts in contravention of subsection (1) shall be
guilty of an offence and shall be liable on conviction to a fine of $50,000 and, in the
case of a continuing offence, to a further fine of $500 for each day during which the
offence continues.

(Added 58 of 1985 s. 5)

49D. Supervisory directors of corporations which are
registered investment advisers only to carry
on the business of an investment adviser
for such corporations

(1) No director of a corporation which is a registered investment adviser and
who

(a)actively participates in, or is directly responsible for the supervision
of, the corporation's business as an investment adviser; and

(b) is registered as an investment adviser, shall carry on in Hong Kong
business as an investment adviser except on behalf of

(i) that corporation;

(ii) a registered investment advisers' partnership in which that
corporation is a partner; or

(iii) another corporation which is a registered investment adviser and of
which he is a director, being a director who actively participates in, or
is directly responsible for the supervision of, that other corporation's
business as an investment adviser.

(2) Any person who knowingly acts in contravention of subsection (1) shall be
guilty of an offence and shall be liable on conviction to a fine of $20,000 and, in the
case of a continuing offence, to a further fine of $200 for each day during which the
offence continues.

(Added 58 of 1985 s. 5)

50. Registration as a representative

(1) No person shall

(a)act as a dealer's representative in Hong Kong unless he is registered
as such under this Part; or

(b)act as an investment representative in Hong Kong unless he is
registered as such under this Part.





(1A) No registered dealer or registered investment adviser and no corporation
or partnership may be registered as a dealer's representative or an investment
representative under this Part. (Added 58 of 1985 s. 6)

(1B) A dealer's representative or investment representative shall be registered
as the representative of a registered dealer or, as the case may be, registered
investment adviser specified in the register. (Added 58 of 1985 s.6)

(1C) A dealer's representative or investment representative shall not act as a
dealer's representative or, as the case may be, investment representative on behalf
of any person other than the person specified in the register in accordance with
subsection (1B). (Added 58 of 1985 s.6)

(2) Any person who knowingly acts in contravention of subsection (1) or (1C)
shall be guilty of an offence and shall be liable on conviction to a fine of $10,000
and, in the case of a continuing offence, to a further fine of $100 for each day during
which the offence continues. (Amended 58 of 1985 s.6)

50A.Partnerships which may he registered as dealing
partnerships or investment advisers'
partnerships

(1) No partnership may be registered or continue to be registered as a dealing
partnership unless it is

(a)a general partnership and all the partners are registered dealers; or

(b)a limited partnership and all the general partners are registered
dealers.

(2) No partnership may be registered or continue to be registered as an
investment advisers' partnership unless it is

(a)a general partnership and all the partners are registered investment
advisers; or

(b)a limited partnership and all the general partners are registered
investment advisers.

(Added 58 of 1985 s. 7)

51. Grant of certificates of registration

(1) Subject to any provision to the contrary in this Part or Part VIA and to
subsection (5), the Commission shall, on application by any person in the
prescribed manner and on payment of the prescribed fee, issue to that
person(Amended 62 of 1976 s. 11; 58 of 1985 s. 8; L.N. 294 of 1988; 10 of 1989 s. 65)

(a)a certificate of registration authorizing him to carry on business as a
dealer in securities;

(b)a certificate of registration authorizing him to deal in securities as a
representative of a registered dealer;





(c)a certificate of registration authorizing him to carry on business as an
investment adviser; or

(d)a certificate of registration authorizing him to act as a representative
of a registered investment adviser.

(1A) Subject to sections 50A and 53 and to subsection (5), the Commission
shall, on application by any partnership in the prescribed manner and on payment of
the prescribed fee, issue to the partnership a certificate of registration- (Amended 10
of 1989 s. 65)

(a)authorizing the partnership to carry on the business of dealing in
securities; or

(b)authorizing the partnership to carry on business as an investment
adviser. (Added 58 of 1985 s.8)

(2) A certificate of registration shall be subject to such reasonable conditions
as the Commission considers necessary. (Replaced 10 of 1989 s.65)

(3) A certificate of registration issued to a dealer or investment adviser shall
specify the name of the person thereby authorized to carry on a business of dealing
in securities or as an investment adviser, as the case may be.

(4) The issue of a certificate of registration to a person shall not authorize such
a person to carry on that business under any name other than that specified in the
certificate.

(5) This section shall be construed and have effect subject to sections 23, 25
and 27(1)(b) of the Securities and Futures Commission Ordinance (Cap. 24). (Added
10 of 1989 s. 65)

51A. (Repealed 58 of 1989 s. 9)

52. Deposit required before registration as a dealer

(1) Subject to subsection (6), the Commission shall not register an applicant as
a dealer unless the applicant has deposited with the Commission such amount as is
prescribed in regulations.

(1A) Subject to subsection (6), where an applicant is a corporation the
Commission shall not register the corporation as a dealer unless there has been
deposited with the Commission in respect of each director of the corporation who
actively participates in, or is in any way directly responsible for, the corporation's
business of dealing in securities in Hong Kong such amount as is prescribed in
regulations. (Added 62 of l976 s.13)

(2) If

(a)the dealer, being an individual person or member of a partnership of
dealers, becomes bankrupt, the Commission shall pay the deposit to
the dealer's trustee in bankruptcy;





(b)the dealer, being a corporation, is ordered to be wound up by or
under the supervision of the Court, the Commission shall pay the
deposit to the liquidator of the corporation; or

(c)the certificate of registration of the dealer is revoked, or the dealer or
any servant of the dealer, or where the dealer is a partnership or a
corporation any member of the partnership or director or officer of the
corporation, is convicted of an offence necessarily involving a
finding that he or it was guilty of a breach of trust, defalcation, fraud,
or misfeasance in respect of any money or securities of a person who
is a client of the dealer, the Commission may direct that all or any part
of the deposit be forfeited.

(3) In the event of the deposit or any part of the deposit being paid to the
dealer's trustee in bankruptcy or liquidator under subsection (2)(a) or (b), the
amount paid shall be applied by the trustee or liquidator, as the case may be, in
accordance with regulations made under this Ordinance for the purposes of this
subsection.

(4) In the event of the deposit or any part of the deposit being forfeited under
subsection (2)(c), the amount forfeited shall be applied by the Commission subject
to and in accordance with regulations made under this Ordinance for the purposes
of this subsection.

(5) Except as provided in this section or under regulations made under this
Ordinance, no person may withdraw or transfer any deposit made under this
section. (Amended 62 of 1976 s. 13)

(6) The following persons are exempt from being required to deposit the
amount required under this section

(a) a member of the Exchange Company;

(b)a dealing director of a corporation which is a member of the Exchange
Company unless he is also a dealing director of another corporation
which is a registered dealer and which is not a member of the
Exchange Company;

(c)a corporation which is not a member of the Exchange Company, each
of whose dealing directors has deposited the amount so required;
and

(d)any other dealer who belongs to a class of dealers exempted from the
provisions of this section by regulations. (Replaced 58 of 1985 s.48)

(7) The Commission shall open one or more accounts at a licensed bank into
which he shall pay all sums received from dealers by way of deposit under this
section, and shall then ascertain what proportion of those sums ought, in his
opinion, to be retained in the accounts to enable liabilities under subsection (2), or
such other liabilities as may be prescribed by regulations, to be satisfied.





(8) After ascertaining the amount required to be retained under subsection (7),
the Commission shall cause the balance of the sums to be invested in such manner
as it thinks fit.

(M) Any document relating to the investment of money under subsection (8)
may be kept in the office of the Commission or deposited by it for safekeeping with
a licensed bank. (Added 62 of 1976 s.13)

(9) Where the Commission has invested the balance of the sums under
subsection (8), it shall, as soon as practicable after the end of each financial year, by
notice in the Gazette,

(a)declare a rate of interest to be paid for that financial year in respect of
each sum deposited under this section; (Amended 62 of 19 76 s. 13)

(b) specify the manner and time of payment of that interest; and

(c)specify an amount to be charged for management expenses incurred
by the Commission in administering that sum under this section.

(10) As soon as practicable after the publication of the notice referred to in
subsection (9), the Commission shall, after deducting the appropriate amount
chargeable in respect of management expenses, pay to each person who has
deposited the prescribed sum under this section, or to that person's duly authorized
agent or personal representative, the appropriate amount of interest due in respect
of that sum for the financial year in question. (Amended 62 of 1976s.13)

(11) If any person who has made a deposit under this section ceases to be
registered as a dealer and the deposit has not been or is not required to be disposed
of under subsection (2), that person, or his agent or personal representative, may
apply to the Commission for the deposit to be released to him. (Amended 62 of
1976 s. 13)

(12) On making an application under subsection (11), the applicant shall

(a) satisfy the Commission by a statutory declaration-

(i)that he knows of no other person who has made or is entitled to
make a claim in respect of the deposit;

(ii) if he is not the dealer who made the deposit, that he is entitled to
give a good discharge for the deposit and stating the
circumstances in which he is so entitled; and

(b)provide the Commission with such information as will satisfy him that
an advertisement in a form approved by him has been inserted once in
an English language newspaper, and once in a Chinese language
newspaper, circulating in Hong Kong.

(13) The Commission, on being so satisfied, shall cause the amount of the
deposit to be released to the applicant.

(Amended 10 of 1989 s. 65)





52A. Accounts of sums deposited under section 52

(1) The Commission shall keep proper accounts of all sums deposited under
section 52, and shall in respect of the financial year beginning before and ending
after the day on which this section commences, and in respect of each subsequent
financial year, prepare a revenue and expenditure account, and a balance sheet
made up to the last day of that year.

(2) The Commission shall appoint an auditor who shall audit the accounts kept
under subsection (1) and shall audit and prepare an auditor's report in respect of
each balance sheet and revenue and expenditure account prepared under
subsection (1) and shall submit the report to the Commission.

(3) (Repealed 10 of 1989 s. 65)

(Added 62 of 1976 s.14. Amended 1O of 1989 s.65)

53. Refusal of registration

(1) The Commission may refuse to register an applicant for registration under
this Part

(a) in the case of an applicant who is an individual, on the grounds

that

(i) the applicant has not provided the Commission with such
information relating to him or any person employed by or
associated with him, and to any circumstances likely to affect
his method of conducting business, as may be prescribed by
or under this Ordinance;

(ii)the applicant is detained under the Mental Health Ordinance
(Cap. 136) in a mental hospital or is a person suffering or
appearing to suffer from mental disorder within the meaning of
that Ordinance; (Amended 46 of 1988 s. 33)

(iii) the applicant is an undischarged bankrupt or has committed
such an act of bankruptcy as is described in section 3(1) of the
Bankruptcy Ordinance (Cap. 6) or has entered into any
compromise or scheme of arrangement with his creditors;
(Amended 58 of 1985 s. 10)

(iv)the applicant does not have the financial resources, in respect of
the business for which he applies for registration, specified in
any rules made under section 28 of the Securities and Futures
Commission Ordinance (Cap. 24) which are then in force and
which would be applicable to him if his application for
registration were granted; or (Replaced 10 of 1989 s. 65)

(v) the applicant has not for the purposes of section 27 of the
Securities and Futures Commission Ordinance (Cap. 24)
notified the location of business premises at which every





record or other document relating to the business in respect of
which he applies to be registered is to be kept, such location not
being, in the opinion of the Commission, unsuitable having
regard to the purposes of section 30 of that Ordinance; or
(Replaced 10 of 1989 s. 65)

(vi) the applicant is under 21 years of age; or (Replaced 10 of
1989 s.65)

(b) in the case of an applicant that is a corporation, on the grounds

that

(i)the applicant has not provided the Commission with such
information relating to it or any person employed by or
associated with it, and to any circumstances likely to affect its
method of conducting business as may be prescribed by or
under this Ordinance;

(ii) any director of the applicant is detained under the Mental Health
Ordinance (Cap. 136) in a mental hospital or is a patient as
defined in section 2 of that Ordinance;

(iii) any director of the applicant is an undischarged bankrupt or has
committed such an act of bankruptcy as is described in section
3(1) of the Bankruptcy Ordinance (Cap. 6) or has entered into
any compromise or scheme of arrangement with his creditors;
(Amended 58 of 1985 s. 10)

(iiia) where the application is for registration as a dealer, no director
of the applicant is, or is in the opinion of the Commission likely
to be, registered as a dealer, or where the application is for
registration as an investment adviser, no director of the
applicant is, or is in the opinion of the Commission likely to be,
registered as an investment adviser; (Added 62 of 1976 s. 15)

(iv) the applicant does not have the financial, resources, in respect
of the business for which he applies for registration, specified in
any rules made under section 28 of the Securities and Futures
Commission Ordinance (Cap. 24) which are then in force and
which would be applicable to him if his application for
registration were granted; or (Replaced 10 of 1989 s. 65)

(v) the applicant has not for the purposes of section 27 of the
Securities and Futures Commission Ordinance (Cap. 24) notified
the location of business premises at which every record or
other document relating to the business in respect of which he
applies to be registered is to be kept, such location not being,
in the opinion of the Commission, unsuitable having regard to
the purposes of section 30 of

that Ordinance; or(Replaced 10 of 1989 s. 65)





(c) in the case of an applicant that is a partnership, on the grounds

that

(i) any of the grounds specified in paragraph (a) or (b) exist in
relation to any partner of that partnership, every partner being
regarded as a separate applicant for the purposes of those
paragraphs; or

(ii) the applicant does not have the financial resources, in respect of
the business for which it applies for registration, specified in
any rules made under section 28 of the Securities and Futures
Commission Ordinance (Cap. 24) which are then in force and
which would be applicable to it if its application for registration
were granted; or

(iii) the applicant has not for the purposes of section 27 of the
Securities and Futures Commission Ordinance (Cap. 24) notified
the location of business premises at which every record or other
document relating to the business in respect of which it applies
to be registered is to be kept, such location not being, in the
opinion of the Commission, unsuitable having regard to the
purposes of section 30 of that Ordinance. (Replaced 10 of 1989 s.
65)

(2) The Commission shall not refuse an application for registration without first
giving the applicant an opportunity of being heard.

(3) Where the Commission refuses an application for registration, it shall notify
the applicant in writing of that fact and shall include in the notice a statement of the
reasons for the refusal.

(Amended 10 of 1989 s. 65)

53A. Amendment of conditions of
certificate of registration

Without affecting the generality of section 51(2), the Commission may at any
time, by a notice in writing served on the holder of a certificate of registration, attach
to the certificate such reasonable conditions as the Commission considers
necessary or, if it considers it necessary, amend or cancel any condition to which
the certificate is then subject.

(Added 10 of 1989 s. 65)

54. (Repealed 10 of 1989 s. 65)

54A. Deemed registration of certain partnerships

(1) Where

(a) in any registered dealing partnership or registered investment

advisers' partnership





(i) any partner by agreement ceases to be a partner or a further
partner is admitted to the partnership;

(ii)the registration of any partner, being a registered dealer or
registered investment adviser, is revoked under section 55 or 56;
or

(iii) any partner dies, is expelled, becomes bankrupt or, being a
corporation goes into liquidation or is ordered to be wound up;
or

(b) any registered dealing partnership or registered investment

advisers' partnership is dissolved by order of court, and any former
or remaining partners or, where a further partner is admitted to the partnership, the
former partners and the new partner, desire to continue in partnership the business
of dealing in securities or, as the case may be, carrying on the business of an
investment adviser, they may notify the Commission in writing of this intention.

(2) Where notice is given under subsection (1), any new partnership formed for
the purpose of continuing in partnership the business of dealing in securities or, as
the case may be, the business of an investment adviser of a previous partnership,
and any continuing partnership, shall be deemed to be a registered dealing
partnership or registered investment advisers' partnership, as the case may be, until
and unless the Commission in writing otherwise directs and, until and unless such
partners give such notification, such partnership shall not be deemed to be so
registered.

(3) The direction of the Commission under subsection (2) may permit the new
or continuing partnership to carry on business subject to such conditions, being
conditions reasonable in the circumstances as the Commission may think fit to
impose and, without derogation from the generality of the fore-going, such
conditions may require the continuing or new partnership to apply for registration
under this Part, or to again apply for such registration, within such time as may be
specified, failing which it shall no longer be deemed to be registered under this Part,
and further provide that such partnership shall no longer be deemed to be so
registered, should such application be unsuccessful.

(4) Any notice by a partnership under subsection (1) shall, if it gives
particulars of any facts required to be notified under section 63, be deemed

sufficient notice for the purposes of that section.
(Added 58 of 1985s.12.Amended 1O of 1989 s.65)

55. Revocation and suspension of certificates

of registration in certain cases

(1) Where any registered person-

(a) being an individual, dies; or





(b) being a corporation or, subject to section 54A, a partnership, is

dissolved, (Replaced 58 of 1985 s. 13) the
registration of that person is deemed to be revoked.

(2) The Commission may revoke the registration of a registered person or, if it
thinks it appropriate to do so, suspend the registration of such a person for such
time, or until the happening of such event, as it may determine

(a) in the case of a registered person who is an individual, if that

person

(i) suffers or appears to suffer from mental disorder within the
meaning of the Mental Health Ordinance (Cap. 136);

(Replaced 46 of 1988 s. 33)

(ii) has committed such an act of bankruptcy as is described in
section 3(1) of the Bankruptcy Ordinance (Cap. 6) or has
entered into any compromise or scheme of arrangement with
his creditors; (Replaced 58 of 1985 s. 13)

(iii) is convicted, whether in Hong Kong or elsewhere, of an offence
the conviction for which necessarily involved a finding that he
acted fraudulently or dishonestly;

(iv) is convicted of an offence against this Ordinance;

(v) ceases to carry on business in Hong Kong; or

(vi) is registered as a representative and the registration of the dealer
or investment adviser, in relation to whom the certificate of
registration of the representative was granted, is revoked or
suspended; or

(b) in the case of a registered person that is a corporation if

(i)the corporation goes into liquidation or is ordered to be wound
up;

(ii) a receiver or manager of the property of the corporation is
appointed;

(iii) the corporation has ceased to carry on business;

(vi) a levy of execution in respect of the corporation has not been
satisfied;

(v) the corporation has entered into a compromise or scheme of
arrangement with its creditors;

(vi) any director of the corporation is convicted, whether in Hong
Kong or elsewhere, of an offence the conviction for which
necessarily involved a finding that he acted fraudulently or
dishonestly;

(vii) any director of the corporation is convicted of an offence
against this Ordinance;

(viii) a director, secretary, or other person concerned in the
management of the corporation who is required to be registered
under this Part is not so registered or the





registration of such a director, secretary, or other person has
been revoked or suspended.

(2A) The Commission may

(a) revoke the registration of a registered dealer or a registered

dealing partnership; or

(b) suspend the registration of a registered dealer or registered

dealing partnership for such time, or until the happening of such event, as it may
determine, if such dealer or partnership fails to comply with section 65B. (Added 58
of 1985 s.49)

(3) The Commission may revoke a certificate of registration at the request of its
holder.

(4) The Commission may at any time remove the suspension of the registration
of a registered person if it appears to it desirable to do so.

(5) Every decision of the Commission revoking or suspending the registration
of a registered person shall be notified to that person in writing and shall include a
statement of the reasons on which it is based and take effect from the date on which
it is notified to that person or such later date as is specified in the notice. (Replaced
62 of 1976 s. 16)

(Amended 10 of 1989 s.
65)

S6. Powers of Commission in relation to misconduct

(1) The Commission may at any time make inquiry concerning any of the
following matters

(a) whether a registered person, being an individual, corporation or

partnership-

(i)has provided the Commission, whether before or after becoming
registered under this Ordinance or the Securities and Futures
Commission Ordinance (Cap. 24), with such information relating
to him, and to any circumstances likely to affect his method of
conducting business, as may be required by or under either of
those Ordinance;

(ii) is or has been guilty of any misconduct in relation to the
conduct of his business; or

(iii) is a fit and proper person to be registered by reason of any other
circumstances; or

(b) whether, in the case of a registered person that is a corporation,

any director, secretary or person concerned in the management of
the corporation-

(i) is or has been guilty of any misconduct; or

(ii) is a fit and proper person to be a director, secretary or person
concerned in the management of the corporation.





(2) After making such inquiry in respect of a registered person, the Commission
may if it thinks fit

(a) revoke the registration of the person;

(b)suspend the registration of the person for such time, or until the
happening of such event, as it may determine; or

(c)reprimand him or, in the case of a registered person that is a
corporation, reprimand any director, secretary or person concerned in
its management.

(3) The Commission shall not impose any penalty under subsection (2) without
first giving the registered person and, in the case of a registered person that is a
corporation, any director, secretary or person concerned in its management, an
opportunity of being heard.

(4) Every decision of the Commission imposing a penalty under subsection (2)
on a person shall be notified to that person in writing and shall include a statement
of the reasons on which it is based.

(5) For the purposes of this section 'misconduct' means

(a)any failure to comply with any requirement of or imposed by or under
this Ordinance or the Securities and Futures Commission Ordinance
(Cap. 24) with respect to dealers, investment advisers or
representatives;

(b)any failure to observe the terms and conditions of a certificate of
registration;

(c)any act or omission relating to the conduct of business of a dealer,
investment adviser or representative which is or is likely to be
prejudicial to the interests of members of the investing public.

(Replaced 10 of 1989 s. 65)

57. Effect of revoking or suspending registration

(1) (Repealed 10 of 1989 s. 65)

(2) A revocation or suspension under this Part does not operate so as to

(a)avoid or affect any agreement transaction or arrangement relating to
a dealing in securities entered into by a person whose registration
has been suspended or revoked, whether the agreement, transaction,
or arrangement was entered into before or after the suspension or
revocation of the registration; or

(b)affect any right, obligation, or liability arising under any such
agreement, transaction, or arrangement.

(3) A person whose registration is revoked under section 55 (other than under
subsection (2)(a)(v) or (vi) or (b)(iii) ) or 56 may not apply to be registered under
this Part, whether as a dealer, investment adviser, or representative, until the
expiration of at least 12 months from the revocation. (Amended 58 of 1985 s. 15)





(4) Where the Commission revokes or suspends the registration of any
person under section 55 or 56 or imposes any other penalty under section 56, it
shall notify that person in writing of the revocation, suspension, or other
penalty, and shall include in the notice a statement of the reasons as to why the
registration of the person was revoked or suspended or, as the case may be, the
penalty was imposed.
(Amended 10 of 1989 s. 65)

58-59. (Repealed 10 of 1989 s. 65)

60. Exempt dealers
(1) The Commission may declare any person to be an exempt dealer for
the purposes of this Ordinance if it is satisfied that the business of that person
complies with the following requirement, that is to say-
(a)the main business of that person consists of one or both of the
following activities-
(i) carrying on some business other than the business of dealing
in securities;
(ii)dealing in securities in one or more of the ways specified in
subsection (2); and
(b)the greater part of any business of dealing in securities done by
him in Hong Kong, otherwise than in one of the ways specified in
subsection (2), is effected with or through the agency of one or
more of the following persons-
(i) a registered dealer;
(ii) an exempt dealer; or
(iii) a member of a stock exchange outside Hong Kong.
(2) The ways of dealing in securities referred to in subsection (1) are-
(a)issuing any document which is or is to be deemed to be a
prospectus within the meaning of the Companies Ordinance
(Cap. 32) or any prospectus approved by the Commission that is
issued by a mutual fund corporation or unit trust authorized by
the Commission;
(b)making or offering to make with any person an agreement for or
with a view to the underwriting of securities by that person;
(c)making any invitation to persons to subscribe for securities or to
purchase securities on the first occasion that they are sold;
(d)making any invitation to persons to subscribe for or purchase
securities of the Government or the government of any country
or territory outside Hong Kong;
(e)effecting any transaction with a person whose business involves
the acquisition and disposal or the holding of securities, being a
transaction with that person as a principal.





(3) (Repealed 10 of 1989 s. 65)
(4) Without prejudice to subsection (1), the Commission may, by notice
in the Gazette, declare-
(a) any licensed bank;
(b)any trustee company registered under Part VIII of the Trustee
Ordinance (Cap. 29); or
(c)any person belonging to class of persons, or carrying on a type
of business, prescribed in regulations for the purposes of this
paragraph,
to be an exempt dealer for the purposes of this Ordinance.
(5) The Commission may at any time revoke a declaration made under
this section.
(6) The Commission shall cause to be published in the Gazette at least
once in every year the names and addresses of all persons who are exempt
dealers.
(Amended 10 of 1989 s. 65)

61. Exempt investment advisers

(1) The Commission may declare any person to be an exempt investment
adviser for the purposes of this Ordinance if it is satisfied that the business of
that person complies with the following requirements, that is to say-
(a)the investment advice is given mainly to persons whose business
involves the acquisition and disposal or the holding of securities;
or (Amended 62 of 1976 s. 18)
(b)the investment advice is given only to persons residing outside
Hong Kong.
(2) The Commission may at any time revoke a declaration under
subsection (1).
(Amended 10 of 1989 s. 65)

62. Offence to make a false representation for the purpose of
obtaining a certificate of registration under this Part

(1) Any person who for the purpose of obtaining a certificate of
registration under this Part, whether for himself or for any other person, makes
any representation, whether in writing, orally or otherwise, which he knows to
be false or misleading as to a material particular shall be guilty of an offence,
and shall be liable on conviction on indictment, to imprisonment for 5 years.
(2) For the purposes of subsection (1), 'representation' means a
representation-
(a) of a matter of fact, either present or past; or
(b) about a future event; or





(c)about an existing intention, opinion, belief, knowledge, or other state
of mind.

(3) Proceedings in respect of an offence against this section may be brought at
any time within 6 months of the discovery of the offence.

63. Information to be provided by registered person

other than a representative, etc.

(1) Every registered person other than a representative shall forthwith notify
the Commission in writing of any change which, while his certificate of registration
is in force, may occur- (Amended 58 of 1985 s. 16)

(a)in the address in Hong Kong at which he carries on the business of
dealing in securities or of investment adviser, as the case may be; or

(b)in any information supplied in or in connection with his application
for registration or renewal of registration, being information
prescribed by regulations.

(2) Every registered person other than a representative shall forthwith, on
ceasing to carry on business in Hong Kong as a dealer or an investment adviser,
notify the Commission in writing of that fact. (Amended 58 of 1985 s.16)

(3) If, at any time while a corporation is registered as a dealer or investment
adviser, any person becomes or ceases to be a director of the corporation, the
corporation shall within 7 days after that event notify the Commission in writing of
the name and address of that person and also his nationality or the fact that he has
no nationality.

(4) If, at any time while a person is registered as a dealer's representative or
investment representative, that person leaves or enters the service of, or becomes
or ceases to be an agent of, any dealer or investment adviser, that person and the
dealer or investment adviser as the case may be, shall within 7 days after that event
notify the Commission in writing of the fact and of the name and address of the
dealer or investment adviser. (Amended 58 of 1985 s.16)

(4A) Where

(a)in any registered dealing partnership or registered investment
advisers' partnership

(i) any partner ceases to be a partner or a further partner is admitted
to the partnership; or

(ii)any partner dies or becomes bankrupt or, being a corporation
goes into liquidation or is ordered to be wound up; or

(b)any registered dealing partnership or registered investment advisers'
partnership is dissolved by order of court,





the persons who were partners in such partnership immediately prior to such event
and, in the case of any person who is deceased, his personal representative, shall
forthwith notify the Commission in writing of the fact. (Added 58 of 1985 s. 16)

(5) Any person who, without reasonable excuse, contravenes any of the
provisions of this section shall be guilty of an offence and shall be liable on
conviction to a fine of $2,000.

(Amended 10 of 1989 s. 65)

64. Commission to keep a register of dealers, etc.

(1) The Commission shall establish and maintain at its office

(Amended 10 of 1989 s. 65)

(a)a register of dealers in which shall be entered the name of every
registered dealer and such other particulars as may be prescribed in
relation to registered dealers;

(b)a register of investment advisers in which shall be entered the name
of every registered investment adviser and such other particulars as
may be prescribed in relation to registered investment adviser;

(c)a register of dealers' representatives in which shall be entered the
name of every registered dealer's representative and such other
particulars as may be prescribed in relation to registered dealers'
representatives;

(d)a register of investment representatives in which shall be entered the
name of every registered investment representative and such other
particulars as may be prescribed in relation to registered investment
representatives; (Amended 58 of 1985 s. 17)

(e)a register of dealing partnerships in which shall be entered the name
of the partnership and of each partner thereof together with such
other particulars as may be prescribed in relation to registered
dealing partnerships; and (Added58of1985s.17)

(f)a register of investment advisers' partnerships in which shall be
entered the name of the partnership and of each partner thereof
together with such other particulars as may be prescribed in relation
to registered investment advisers' partnerships. (Added 58 of 1985 s.
17)

(2) The registers kept under this section and, after registration or renewal of
registration, as the case may be, all applications made for registration or renewal of
registration under this Part shall, during such hours as may be prescribed and on
payment of any fee prescribed by regulations, be open to inspection by members of
the public.





(3) A copy of any extract of or entry in the registers kept under this section,
purporting to be certified by an authorized officer of the Commission, shall be
admissible as evidence in any legal proceedings, whether under this Ordinance or
otherwise. (Amended 10 of 1989 s. 65)

65. Publication of names of registered dealers, etc.

(1) The Commission shall cause to be published in the Gazette, at such times
and in such manner as it thinks proper, the names and addresses of all persons who
are registered under this Part, and also

(a)in relation to any natural person who is so registered and in relation to
each general partner of a partnership which is so registered, being a
natural person, his nationality or, as the case may be, that he has no
nationality;

(b)in relation to each general partner of a partnership which is so
registered, his name and address; and

(c)in relation to any registered person who is a corporation, the country
where the corporation is domiciled or under the law of which the
corporation is incorporated. (Replaced 58 of 1985 s. 18)

(2) The information required by subsection (1) shall be published at least once
each year.

(3) If the Commission at any time amends any of the registers kept by it under
this Part by adding or removing the name of any person, it shall cause particulars of
the amendment to be published in the Gazette within one month after making the
amendment.

(Amended 10 of 1989 s. 65)

PART VIA

SPECIAL PROVISIONS RELATING To
DEALERS

65A. Qualifications for registration as a dealer

(1) No person, being an individual, may be registered as a dealer unless he can
show that

(a)he has sufficient qualifications or experience in dealing in securities;

(b) (Repealed 10 of 1989 s. 65)

(c)he is able to comply with the requirements of section 65B. (Added
58 of 1985 s. 50)

(2) No person shall be regarded as having sufficient qualifications or
experience for the purpose of subsection (1)(a) unless he has





(a) not less than 3 years' experience in dealing in securities-
(i) in Hong Kong; or

(ii)on any other stock market recognized by the Commission for the
purposes of this paragraph by notice in the Gazette; or

(b)passed an examination approved for the purposes of this paragraph
by the Commission by notice in the Gazette.

(3) No corporation may be registered as a dealer unless

(a) it is-

(i) a registered company; or

(ii) an overseas company to which Part Xl of the Companies
Ordinance (Cap. 32) applies and which has complied with the
provisions of that Part relating to the registration of documents;

(b) every person who will be a dealing director is a registered dealer;

and

(c) it is able to comply with the requirements of section 65B.

(Added 58 of 1985 s. 50)

(4) No partnership may be registered as a dealing partnership unless

(a) all the partners, in the case of a general partnership; or

(b) all the general partners, in the case of a limited partnership, are able to
comply with the requirements of section 65B. (Added 58 of 1985 s.50)

65B. Capital requirements for dealers

(1) A registered dealer shall provide and at all times maintain in his business as
a dealer

(a) if he is a company, a net capital of not less than $5,000,000; or

(b) subject to subsection (2), in any other case a net capital of not less

than $1,000,000.

(2) A registered dealing partnership shall provide and at all times maintain in
their business as a dealer a net capital which in aggregate amounts to not less than

(a) $5,000,000 for each corporation which is a partner; and

(b) $1,000,000 for any other person who is a partner, being in either case, a
partner who is required by this Ordinance to be a registered dealer.

(3) A registered dealer or dealing partnership shall at all times maintain in his or
their business as a dealer a liquidity margin of not less than 10 per centum of the
minimum net capital requirement specified in subsections (1) and (2),

(4) Nothing in this section shall apply to a registered dealer who is a dealing
director.





(5) The Governor in Council may, by order in the Gazette, amend this section by
substituting for any amount or percentage specified therein any other amount or
percentage.

(6) For the purposes of this section-

'approved assets' and 'ranking liabilities' means such assets and liabilities

as are specified to be approved assets and ranking liabilities by the

Commission by notice in the Gazette;

'liquid assets' means such of the approved assets as are specified as liquid

assets by the Commission by notice in the Gazette; 'liquidity margin' means
the excess of liquid assets over ranking liabilities; 'net capital' means the excess of
approved assets over ranking liabilities.

(7) Where under subsection (6) the Commission specifies any assets as
approved assets or liquid assets it may also specify the percentage of the value of
the assets that may be taken into account, or the percentage of the minimum net
capital or liquid assets that the assets may comprise, in computing the net capital or
the liquidity margin as the case may be.

(8) The Commission may waive or modify the requirements of this section in
relation to any registered dealing partnership. (Added 10 of 1989 s.65)

(Added 58 of 1985 s. 51)

65C. Failure to comply with section 65B

(1) If a registered dealer becomes aware of any inability by him or of any
registered dealing partnership of which he is a partner to comply with section 65B
he shall forthwith

(a) notify the Commission thereof; and

(b)cease dealing in securities and cause any registered dealing
partnership of which he is a member so to cease, otherwise than for
the purpose of giving effect to any agreement or arrangement entered
into before the time when he becomes so aware.

(2) Where the Commission becomes aware of any inability by a registered
dealer or registered dealing partnership to comply with section 65B it may, whether
or not notice has been given under subsection(l)--

(a)suspend the registration of the registered dealer or registered dealing
partnership pending consideration by it of the matter under section 55
or the report of an auditor appointed under section 90; or

(b) permit the registered dealer or registered dealing partnership

to continue dealing in securities on such conditions, if any, as
it may think fit to impose, being conditions reasonable
circumstances





(3) A person shall be deemed to be aware of any such inability as is described
in subsection (1) if he would, with the exercise of reasonable diligence, have been
aware of such inability and, if such person is a corporation, if any dealing director of
that corporation is aware or would, with the exercise of reasonable diligence, have
been aware of such inability.

(4) Any person who contravenes subsection (1) or who fails to comply with
any condition imposed by the Commission under subsection (2)(b) shall be guilty of
an offence and shall be liable on conviction to a fine of $25,000 and, in the case of a
continuing offence, to a further fine of $250 for each day during which the offence
continues.

(Added 58 of 1985 s. 51)

65D. Books, accounts and records
to be produced on demand

(1) For the purposes of ascertaining whether or not a registered dealer or
registered dealing partnership complies with section 65B the Commission and any
person who produces written authority in that behalf signed by the Commission,
shall have the powers of an auditor under section 95(1).

(2) For the purposes of section 95(3) a request made under section 95(1) by the
Commission, or by any person authorized by it, in pursuance of the powers vested
in it or him, as the case may be, by subsection (1) shall be deemed to have been
made under section (Added 58 of 1985 s.51. Amended lO of 1989 s. 65; L.N. 259 of 1989)

(Part VIA
added 58 of 1985 s. 19)

PART VII

RECORDS

66. Application of Part VII

(1) This Part applies to and in relation to

(a) a person who is(i) a dealer; (ii) a dealer's representative;

(iii) an investment adviser; or
(iv) an investment representative; and

(b)securities listed on the Unified Exchange and any other securities of a
class prescribed in regulations for the purposes of this subsection.
(Amended 58 of 1985 s. 52)

(2) The Governor in Council may, by order, apply any of the provisions of this
Part, with such modifications and additions as he thinks fit, to financial journalists.





(3) For the purposes of subsection (2) 'financial journalist' means a person
who, in the course of his business or employment, contributes advice concerning
securities for publication in a newspaper, magazine, journal, or other periodical
publication.

67. Certain persons to maintain registers of securities

(1) A person to whom this Part applies shall maintain a register of the securities
in which he has an interest and of the particulars relating to their acquisition and
disposal in a manner and form approved by the Commission. (Amended 10 of 1989 s.
65)

(2) Particulars of the securities in which a person to whom this Part applies has
an interest and particulars of his interest in those securities shall be entered by that
person in the register within 14 days after he becomes aware of the acquisition of
the interest or after the commencement of this section, whichever is the later.

(3) Where there is a change (not being a change prescribed by regulations) in
the interest or interests in securities of a person to whom this Part applies, he shall,
within 14 days after he becomes aware of the change, enter in the register full
particulars of the change, including the date when the change occurred and the
circumstances by reason of which the change occurred.

(4) For the purposes of this section, where a person acquires or disposes of
securities there shall be deemed to be a change in the interest or interests of that
person.

(4A) Where a person to whom this Part applies is a registered dealer who is a
partner in a registered dealing partnership or a registered investment adviser in a
registered investment advisers' partnership it shall be sufficient compliance with this
section if the register required to be maintained by this section is maintained by the
partnership in relation to all the partners of the partnership who are registered
dealers or registered investment advisers. (Added 58 of 1985s.20)

(5) A person who contravenes any provision of this section that is applicable
to him shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000.

68. Certain notices to be given to the Commission

(1) A person to whom this Part applies shall notify in writing to the
Commission the place at which he keeps or intends to keep the register of his
interests in securities: (Replaced 62 of 1976 s. 19. Amended 58 of 1985 s. 21)


Provided that where the person to whom this Part applies is a registered dealer
who is a partner in a registered dealing partnership or a registered investment
adviser in a registered investment advisers' partnership such notice





may be given by the partnership or any partner thereof on behalf of such person,
and if such partnership or partner does so, such notice shall, for the purposes of
this section, be deemed to have been given by that person. (Added 58 of 1985 s. 21)

(2) Notice under subsection (1) shall be given

(a)if the person is a person to whom this Part applies at the
commencement of this section, within one month after that date; or

(b)in any other case, in or as part of the person's application for
registration under this Ordinance.

(3) A notice under paragraph (a) of subsection (2) shall be given as provided in
that paragraph notwithstanding that the person has ceased to be a person to whom
this Part applies before the expiration of the appropriate time referred to in that
paragraph.

(4) A person to whom this Part applies shall keep the register of his interests in
securities at the place specified in the notice given under subsection (1) unless he
gives a subsequent notice to the Commission in the form prescribed by regulations
to the effect that the register is kept at some other place specified in the subsequent
notice, in which case he shall keep the register--

(a)where only one such subsequent notice has been given, at the other
place specified in that notice, or

(b)where more than one such subsequent notice has been given, at the
other place specified in the later or latest of those notices.

(5) A person who ceases to be a person to whom this Part applies shall give
notice in the form prescribed by regulations to the Commission of that fact within 14
days thereafter.

(6) A person who contravenes any provision of this section that is applicable
to him shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000.

(Amended 10 of 1989 s. 65)

69. Defences

(1) It shall be a defence to a prosecution for contravening any provision of
section 67(5) or 68(6) if the defendant proves that the contravention was due to his
not being aware of a fact or occurrence the existence of which was necessary to
constitute the offence.

(2) For the purposes of this Part, a person shall, in the absence of proof to the
contrary, be presumed to have been aware at a particular time of a fact or occurrence
relating to securities of which a servant or agent of the person, being a servant or
agent having duties or acting in relation to his employer's or principal's interest in
the relevant securities, was aware at that time.





70.Power of Commission to require certain
information to be supplied to him
The Commission may require a person to whom this Part applies to
produce for inspection the register required to be kept pursuant to section 67,
and the Commission may make copies of or take extracts from the register.
(Amended 10 of 1989 s. 65)

71. Power of Commission to supply copy of register

The Commission may supply a copy of any such register, or a copy of an
extract from it, to the Attorney General, who may, if he has reason to believe
that an offence under this Ordinance may have been committed, deliver the
copy to any person whom he thinks fit for the purposes of an investigation or a
prosecution of the offence.
(Amended 10 of 1989 s. 65)

PART VIII

TRADING IN SECURITIES

72. Offers by dealers
(1) A dealer shall not in Hong Kong communicate an offer to acquire or
dispose of securities of a corporation unless-
(a) the offer-
(i) is written in the English or Chinese language; or
(ii) if communicated verbally, is reduced to writing in the
English or Chinese language and delivered to the person or
persons to whom it was made not later than 24 hours after
the verbal communication; and
(b) the offer-
(i)specifies the name and address of the offeror and, if any
person is making the offer on behalf of the offeror, the name
and address of that person;
(ii) contains a description of securities sufficient to identify
them;
(iii) specifies the terms of the offer (including where appropriate
the amount of consideration proposed to be paid for
securities acquired pursuant to the offer);
(iv) where a dividend has been declared or recommended in
respect of the securities, or it is anticipated that a dividend
will be so declared or recommended before the transfer of
the securities, states whether the securities are to be
transferred with or without that dividend;





(v)specifies whether, in the event of a person accepting the offer,
the offeror will pay any stamp duty which that person will
become liable to pay in respect of the contract note as a result of
the transaction;

(vi) bears a date which is not more than 3 days before the date on
which the offer is communicated;

(vii) if the offer relates to the acquisition of securities, satisfies the
requirements of Schedule 1;

(viii) if the offer relates to the disposal of securities satisfies the
requirements of Schedule 2;

(ix) where a report of an expert in connection with the offer is
included in or annexed to the offer, contains a statement to the
effect that the expert has consented to the inclusion or
annexure, and has not, before the communication of the offer,
withdrawn that consent;

(c) the offer includes a translation, as the case requires, in the

Chinese or English language of all the particulars required under
paragraph (b), except where the Commission has previously
agreed that the requirements of this paragraph may be dispensed
with in any particular case. (Amended 10 of 1989 s. 65)

(2) A document containing an offer to which subsection (1) relates which
includes a statement purporting to be made by an expert shall not be communicated
unless the expert has given and has not, before communication of a copy of the
offer, withdrawn his written consent to the communication of the offer with the
inclusion of the statement in the form and context in which it is included.

(3) Subject to subsection (5), any dealer who communicates an offer for the
acquisition or disposal of securities without having complied with subsections (1)
and (2) shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000.

(4) Where any person has accepted an offer for the disposal or acquisition of
securities under this section and the offer has been made without the requirements
of subsections (1) and (2) having been complied with in a material particular, that
person may, subject to the rights of any bona fide purchaser of the securities for
value, rescind the acceptance, by notice in writing, within 14 days after the date of
the acceptance. (Replaced 62 of 1976 s. 20)

(5) Without prejudice to the provisions of section 3, this section does not
apply to

(a) any offer to dispose of securities of a corporation to persons who

already hold securities of that corporation;

(b) any offer by a dealer if the offer is made to a person with whom,

or on whose behalf, the dealer has transacted the sale or purchase of
securities on at least 3 occasions during the period of 3 years
immediately preceding the offer;





(c) any offer made to-

(i) a person whose business involves the acquisition or disposal or
holding of securities; or

(ii) a solicitor or professional accountant; or

(iii) any other person who belongs to a class of persons prescribed
in regulations for the purposes of this paragraph; or (Amended
62 of 1976 s. 20)

(d)any offer made by a stockbroker in the ordinary course of trading on
the Unified Exchange. (Amended 58 of 1985 s. 53)

(6) Where a dealer communicates an invitation which invites a person to
acquire or dispose of any security held by that person in a corporation, then for the
purposes of this section

(a) that invitation is deemed to be an offer; and

(b)an offer to acquire or dispose of that security made by that person in
response to the invitation is deemed to be an acceptance by that
person of an offer to acquire or, as the case may be, an offer to
dispose of the security,

and references in this section to 'acceptance' shall be construed accordingly.

(7) An offer to acquire or dispose of a right to acquire or dispose of a security
or an interest in a security is deemed to be an offer to acquire or dispose of a
security; and a reference to a person who holds securities includes a reference to a
person who holds a right to acquire a security or an interest in a security.

(8) For the purposes of this section 'expert' includes an engineer, valuer,
professional accountant, and solicitor, and any other person whose profession
gives authority to a statement made by him.

(9) For the purposes of this section an offer to acquire or dispose of securities
in consideration or part consideration for other securities is deemed to be both an
offer to acquire and an offer to dispose of securities.

73. Calls by registered dealers

(1) Subject to subsection (3), a dealer shall not during, or as a consequence of,
a call on any person, whether at his place of residence or his place of employment or
otherwise, enter into any contract for the sale of securities unless he

(a) calls on the person at the invitation of that person; and

(b) before entering into the contract provides the person with a

written statement containing all the information which he would have
been required to give to that person if the contract had been entered
into as a result of an offer made under section 72.

(2) Any dealer who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $10,000 and to imprisonment for 2 years.





(3) Subsection (1) does not apply to

(a)any contract for the sale of securities of a corporation with a person
who already holds securities of that corporation;

(b)any contract for the sale of securities by a dealer with a person with
whom the dealer has transacted the sale or purchase of securities on
at least 3 occasions during the period of 3 years immediately
preceding the date of the contract; or

(c) any contract for the sale of securities with--
(i)a person whose business involves the acquisition or disposal or
holding of securities;

(ii) a solicitor or professional accountant;

(iii) any other person who belongs to a class of persons prescribed
in regulations for the purpose of this paragraph.

(4) Where any contract for the sale of securities is entered into in
contravention of subsection (1), the purchaser may, subject to the rights of any
bona fide purchaser of the securities for value, rescind the contract by giving notice
in writing to the seller within 28 days after the date on which the contract was
entered into.

(5) In this section 'call' includes a visit in person and a communication by
telephone.

74. Hawking of securities

(1) Subject to subsections (2) and (3), a person shall not, whether on his own
behalf or otherwise and whether by appointment or otherwise, call from place to
place

(a) making or offering to make with any person

(i) an agreement for or with a view to having that other person
purchase specific securities; or

(ii)an agreement the purpose or pretended purpose of which is to
secure a profit to that other person from the yield of specific
securities or by reference to fluctuations in the value of specific
securities; or

(b)inducing or attempting to induce any other person to enter into an
agreement of the type referred to in paragraph (a)(i) or (ii),

whether or not in calling from place to place he does any other act or thing.

(2) Subsection (1) does not apply to

(a) a person in so far as-

(i)he calls at the place of another person who is a banker, solicitor,
professional accountant, registered or exempt dealer, registered
or exempt investment adviser or registered dealer's
representative or registered investment representative; and





(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;





(e)the quantity and description of the securities that are being
acquired or disposed of,
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





(b)if the Commission on the application of the person so directs, make
available for inspection by that person, at all reasonable times during
the dealer's ordinary hours of business, the dealer's copy of the
contract note and the person's account with the dealer. (Amended 10
of 1989 s. 65)

(2) Subsection (1) does not require a dealer (including an exempt dealer) to

(a)provide, or keep available for inspection, a copy of any contract note
which relates to a dealing transacted more than 2 years before the
date of the request; or

(b)provide a copy of, or keep available for inspection, any account
which relates to a dealing transacted more than 6 years before the
date of the request.

(3) Any such dealer may impose a charge not exceeding an amount prescribed
by regulations for a copy of a document provided pursuant to subsection (1).

(4) Any dealer who, without reasonable excuse, fails to comply with subsection
(1) shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.

78. Certain representations prohibited

(1) A registered person shall not in any communication, whether written or oral,
represent or imply or knowingly permit to be represented or implied in any manner
to a person that the abilities or qualifications of the registered

person have in any respect been approved by the Hong Kong Government, the
Commission. (Amended 10 of 1989 s. 65)

(2) A statement made to the effect that a person is registered under this
Ordinance or is the holder of a certificate of registration is not a contravention of
subsection (1).

(3) Any registered person who, without reasonable excuse. contravenes
subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000.

79. Disclosure of certain interests

(1) Where, in a circular or other written communication issued in Hong Kong
by him to more than one person, a dealer or an investment adviser (including an
exempt dealer or exempt investment adviser) makes a recommendation, whether
expressly or by implication, with respect to any securities or any class of securities
of a corporation, he shall include in the circular or other communication, in type not
less bold and not less legible than that used in its text, a statement as to whether or
not he has, at the date specified in the circular or communication pursuant to
subsection (5), an interest in any of the securities of that corporation.





(2) Subsection (1) does not require in the case of a circular or other written
communication issued by a stockbroker the inclusion of a statement in relation to an
interest that consists of the right to charge commission as provided by the rules of
the Exchange Company on the sale or purchase of the securities or class of
securities that are being recommended. (Amended 58 of 1985 s. 55)

(3) For the purposes of subsection (1), a person who has entered into an
underwriting agreement in respect of any securities shall be deemed to have a
financial interest in the sale or purchase of those securities.

(4) Where an offer to the public of securities is not fully subscribed, a person
who has subscribed for or taken up, or is required to subscribe for or take up, any of
those securities under an underwriting agreement shall not, during the period of 90
days after the close of the offer, make any offer or recommendation in respect of
those securities unless the offer or recommendation contains or is accompanied by
a statement to the effect that the offer or recommendation relates to securities that
he has acquired, or is or will be required to acquire, under an underwriting
agreement as a result of the offer to the public not being fully subscribed.

(5) Every circular or other written communication to which this section relates
shall be dated and shall contain on its face the name of the dealer or investment
adviser who issued it.

(6) A dealer or investment adviser who issues a circular or communication to
which this section relates shall retain a copy of it bearing his signature in such
manner, and for such time or until the happening of such event, as may be
prescribed by regulations.

(7) For the purposes of this section, a circular or other written communication
shall be deemed to have been issued by the person whose name is contained on its
face.

(8) In this section a reference to securities does not include a reference to the
stock or debentures of, or bonds made available by, a government or a local
government authority, or to securities guaranteed by a government or a local
government authority.

(9) Without prejudice to the power to make regulations under section 146,
regulations may be made under that section

(a)requiring the lodging with the Commission of copies of any circular
or other written communication issued by a dealer or investment
adviser; and (Amended 10 of 1989 s. 65)

(b)making provision for or with respect to the keeping of records of
circulars or other similar written communications issued by a dealer
or by an investment adviser.

(10) Any dealer or investment adviser, whether registered or exempted from
registration, who--

(a)issues a cirular or other written communication in contravention of
subsection (1) or (5);





(b) contravenes subsection (4); or
(c)fails to retain a copy of a circular or other written commu-
nication as required by subsection (6),
shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.
(11) An offence against subsection (10) is not committed by reason only
that a circular or other written communication is issued to a person whose
business involves the acquisition, disposal, or holding of securities.

80. Short selling prohibited
(1) A person shall not sell securities at or through the Unified Exchange
unless, at the time he sells thern- (Amended 58 of 1985 s. 56)
(a) he has or, where he is selling as agent, his principal has; or
(b)he reasonably and honestly believes that he has or, where he is
selling as agent, that his principal has,
a presently exercisable and unconditional right to vest the securities in the
purchaser of them.
(2) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $10,000 and to im-
prisonment for 6 months. (Amended L.N. 57 of 1988)
(3) For the purposes of subsection (1)--
(a) a person shall be deemed to be selling securities if he-
(i) purports to sell the securities;
(ii) offers to sell the securities;
(iii) holds himself out as entitled to sell the securities; or
(iv) instructs a dealer to sell the securities;
(b)a person who, at a particular time, has a presently exercisable and
unconditional right to have securities vested in him or in
accordance with his directions shall be deemed to have at that
time a presently exercisable and unconditional right to vest the
securities in a purchaser of them; and
(c)a right of a person to vest securities in a purchaser thereof shall
not be deemed not to be unconditional by reason only of the fact
that the securities are charged or pledged in favour of some other
person to secure the repayment of money.
(4) Subsection (1) does not apply to or in relation to-
(a)a person acting in good faith in the reasonable and honest belief
that he has a right, title, or interest to or in securities that he
purports to sell, offers for sale, or holds himself out as capable of
selling;
(b)a dealer acting in good faith for or on behalf of some other
person in the reasonable and honest belief that such other person
has a right, title, or interest to or in securities that he purports to
sell, offers for sale, or holds himself out as capable of selling;





(c)a sale of securities by a stockbroker acting as principal when he acts
as an odd lot specialist in accordance with the rules of the Exchange
Company, being a sale made solely for the purpose of- (Amended 58
of 1985 s. 56)

(i) accepting an offer to purchase an odd lot of securities; or

(ii)disposing of a parcel of securities that is less than one board lot
of securities, by means of the sale of one board lot of those
securities; or (Amended L.N. 57 of 1988)

(d)a sale of securities falling within a class of transaction prescribed by
regulations for the purposes of this paragraph.

81. Disposition of security documents

(1) Where securities that are not the property of a dealer (including an exempt
dealer) and for which the dealer, or any nominee controlled by the dealer, is
accountable are held for safe custody in Hong Kong, the dealer shall, subject to
subsection (2), either cause the securities

(a) (not being bearer securities) to be registered as soon as
practicable in the name of the person to whom the dealer or
nominee is accountable or in the name of the dealer's nominee; or
(b) to be deposited in safe custody in a designated account with the
dealer's bankers or with any other institution which provides
facilities for the safe custody of documents to the satisfaction of
the Commission.
(2) Commission may, on the application of a dealer in writing,
exempt the dealer from provisions of subsection (1), but in granting the

exemption may impose such conditions as it thinks fit.

(3) No dealer shall, without the specific authority in writing of the person to
whom he is accountable, deposit any securities of which the dealer is not the owner
as security for loans or advances made to the dealer or lend or otherwise part with
the possession of any such securities for any purpose. (Replaced 62 of 19 76 s. 22)

(4) An authority conferred under subsection (3) shall specify the period for
which it is current, but shall not in any event, subject to subsection (5), remain in
force for a period of more than 12 months.

(5) An authority conferred under subsection (3) may be renewed in writing

for one or more further periods not exceeding 12 months at any one time.

(6) Any dealer who, without lawful authority or reasonable excuse, contravenes
subsection (1) or (3) shall be guilty of an offence. .

(7) Any person guilty of an offence under subsection (6) shall be liable on
conviction
(a) in the case of a contravention of subsection (1), to a fine of
$2,000; and





(b)in the case of a contravention of subsection (3), to a fine of $20,000
and to imprisonment for 2 years.

(Amended 10 of 1989 s.
65)

PART IX

AccouNTs AND
AUDIT

82. Application and interpretation of Part IX

(1) This Part applies to the business of a registered dealer, other than a
registered dealer who is a director of a corporation when acting for or on behalf of
the corporation in its business of dealing in securities; and every reference in this
Part to the term 'dealer' shall be construed accordingly. (Replaced 62 of
1976 s.23)

(2) In this Part, unless the context otherwise requires, any reference to the
books, accounts, records, securities, trust accounts, or business of, or in relation to,
a dealer who carries on business in partnership shall be read and construed as a
reference to the books, accounts, records, securities, trust accounts, or business (as
the case requires) of or in relation to the partnership.

(2A) Any obligation imposed by this Part on a dealer shall, where a dealer is a
partner in a dealing partnership, be deemed to be imposed on the partnership; and
all the partners of the partnership, if it is a general partnership, and all the general
partners of a limited partnership shall jointly and severally be responsible for the
performance of that duty. (Added 58 of 1985s.22)

(3) The Governor in Council may, by order published in the Gazette, apply all or
any of the provisions of this Part, with or without modifications, to registered
investment advisers.

83. Accounts to he kept by dealers

(1) A dealer shall

(a)cause to be kept such accounting and other records as will
sufficiently explain the transactions, and reflect the financial
position, of the business of dealing in securities carried on by him,
and will enable true and fair profit and loss accounts and balance
sheets to be prepared from time to time; and

(b)cause those records to be kept in such a manner as will enable them
to be conveniently and properly audited.

(2) The records referred to in subsection (1) shall be kept





(a) in writing in the English language; or

(b) in such a manner as to enable them to be readily accessible and

readily converted into written form in the English language.

(3) Without affecting the generality of subsection (1), a dealer shall cause
records to be kept

(a) in sufficient detail to show particulars of

(i) all money received and paid by the dealer, including money paid
to, and disbursed from, a trust account;

(ii) all purchases and sales of securities made by the dealer, the
charges and credits arising from them, and the names of the
buyer and seller, respectively, of each of those securities;

(iii)all income received from commissions, interest, and other
sources, and all expenses, commissions, and interest paid by
the dealer;

(iv) all the assets and liabilities (including contingent liabilities) of
the dealer;

(v) all securities that are the property of the dealer, showing by
whom the security documents are held and, where they are
held by some other person, whether or not they are held as
security against loans or advances;

(vi) all securities that are not the property of the dealer and for which
the dealer or any nominee controlled by the dealer is
accountable, showing by whom, and for whom, the security
documents are held distinguishing those which are held for
safe custody, and those which are deposited with a third party
whether as security for loans or advances made to the dealer or
any related corporation or for any other purposes; and
(Amended 62 of 1976 s. 24)

(vii) all underwriting and sub-underwriting transactions entered into
by the dealer; and

(b) containing copies of acknowledgements of the receipt of

securities received by the dealer from or on behalf of clients,

clearly identifying in respect of each receipt of securities the client

and the securities. (Amended 62 of 1976 s. 24)

(4) Without prejudice to subsection (3), a dealer shall keep records in sufficient
details to show separately particulars of all transactions by the dealer with, or for
the account of

(a) clients of the dealer; and

(b) the dealer himself. (Replaced 62 of 1976 s. 24)

(4A) Without affecting the generality of subsections (1) and (3) and subject to
regulations under section 146, the dealer shall cause records to be kept which are
sufficient to readily establish whether or not section 65B has

been complied with.(Added 58 of 1985 s.57)





(5) A dealer shall retain

(a)for a period of not less than 6 years, the records referred to in
subsection (1); and

(b) for a period of not less than 2 years-

(i) each contract note received by him or made out to himself as
principal; and

(ii) a copy of each contract note made out by him as agent.

(6) An entry in the accounting and other records of a dealer kept in accordance
with this section shall be deemed to have been made by, or with the authority of, the
dealer.

(7) Where matter that is intended to be used in connection with the keeping of
a record referred to in this section is recorded or stored by means of a mechanical
device, an electronic device, or any other device in an illegible form, a person who
wilfully

(a)records or stores in that device matter that he knows to be false or
misleading in a material particular;

(b)destroys, removes, or falsifies matter that is recorded or stored in that
device; or

(c)fails to record or store matter in that device with intent to falsify any
entry made or intended to be complied, wholly or in part, from that
matter,

shall be guilty of an offence and shall be liable on conviction to a fine of $10,000
and to imprisonment for 6 months.

(8) For the purposes of this section, a record required to be kept by a dealer
may be kept either by making entries in a bound book or by recording the relevant
matters in any other manner.

(9) Where a record required by this section to be kept is not kept by making
entries in a bound book but by some other means, the dealer shall take reasonable
precautions for guarding against falsification and for facilitating discovery of any
falsification.

(10) Notwithstanding any other provision of this section, a dealer shall not be
deemed to have failed to keep a record referred to in subsection (1) by reason only
that the record is kept as a part of, or in conjunction with, the records relating to any
business other than dealing in securities that is carried on by him.

84. Certain money received by dealer

to he paid into a trust account

(1) A dealer shall establish and keep at a licensed bank one or more trust
accounts designated or evidenced as such into which he shall pay

(a)all amounts (less brokerage and other proper charges) which are
received for or on account of any person (other than a stockbroker)
from the sale of securities, except those amounts





paid to that person or in accordance with his directions within 4
bank trading days after their receipt;
(b)all amounts (less any brokerage and other proper charges) which
are received from or on account of any person (other than a
stockbroker) for the purchase of securities, except those amounts
attributable to the purchase of securities which are delivered to the
dealer within 4 bank trading days after receipt of the amounts; and
(c)subject to any agreement to the contrary, all amounts derived by
way of interest from the retention in a trust account of any
amount mentioned in paragraph (a) or (b).
(2) All amounts required to be paid into a trust account under subsec-
tion (1) shall be retained there by the dealer until they are paid to the person
on whose behalf they are being held or in accordance with his directions or, as
the case may be, until they are required to complete payment in respect of
the purchase of securities on behalf of any such person.
(3) Money required by this section to be paid into a trust account shall be
so paid within 4 bank trading days after it is received by the dealer.
(4) All sums derived by way of interest from the payment of money by a
dealer into a trust account under this section shall, subject to any agreement to
the contrary, belong to the person to whom the dealer is accountable.
(5) No amount other than an amount referred to in subsection (1)(a)
or (b) shall be paid into a trust account.
(6) Every dealer shall keep records of-
(a)all amounts paid into a trust account kept by him, specifying the
persons on whose behalf the amounts are held and the dates on
which they were paid into the account;
(b)all withdrawals from the trust account, the dates of those
withdrawals, and the names of the persons on whose behalf the
withdrawals are made; and
(c)such other particulars (if any) as may be prescribed by
regulations.
(7) A person who-
(a)without reasonable excuse, contravenes any provision of this
section shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000; or
(b)with intent to defraud, contravenes any provision of this section
shall be guilty of an offence and shall be liable on conviction on
indictment to a fine of $50,000 and to imprisonment for 5 years.

85. Money in trust account not available
for payment of debts, etc.
(1) Except as otherwise provided in this Part, money held in a trust
account shall not be available for payment of the debts of a dealer or be liable





to be paid or taken in execution under the order or process of any court of
competent jurisdiction.

(2) Any payment made in contravention of subsection (1) shall be void ab
initio, and no person to whom the money is paid shall obtain any title to it.

86. Claims and hens not affected

Nothing in this Part shall be construed as taking away or affecting any lawful
claim or lien which any person has in respect of any money held in a trust account
or in respect of any money received for the purchase of securities or from the sale of
securities before the money is paid into a trust account.

87. Dealer to appoint auditor

(1) A dealer shall appoint an auditor to audit his accounts (including all trust
accounts required to be kept by the dealer under section 84) and, where for any
reason the auditor ceases to act for the dealer, the dealer shall, as soon as
practicable thereafter, appoint another auditor to replace him.

(2) A person is not eligible for appointment under subsection (1) if

(a)he is a servant of the dealer or is in the employment of any such
servant;

(b)where the dealer is a partnership, he is a member of the partnership or
in the employment of any such member;

(c)where the dealer is a corporation, he is an officer of the corporation or
is in the employment of any such officer; or

(d)he belongs to any other class of persons prescribed in regulations for
the purposes of this paragraph.

87A. Dealer's financial year

(1) A dealer shall

(a)within 1 month after the date on which this section commences; or

(b)if he is not registered at that date, within 1 month after the issue to
him of a certificate of registration under section 51,

notify the Commission in writing of the date on which his financial year ends.

(2) On application in writing by a dealer, the Commission may, subject to such
conditions as it thinks fit, grant permission to the dealer to alter his financial year.

(3) Except with the written permission of the Commission, the period of a
dealer's financial year shall not exceed 12 months.

(4) Nothing in this section shall prejudice the operation of section 122 of the
Companies Ordinance (Cap. 32).

(Added 62 of 1976 s. 25)





88. Dealer to lodge auditor's report

(1) A dealer shall, in respect of the financial year beginning before and ending
after

(a) the day on which this section commences; or

(b)the day on which the dealer commences to carry on business as a
dealer,

whichever is the later day, and in respect of each subsequent financial year, prepare
a true and fair profit and loss account and a balance sheet made up to the last day
of the financial year and cause those documents to be lodged with the Commission
not later than 4 months after the end of the financial year, together with an auditor's
report containing the information prescribed by regulations. (Amended 62 of 1976 s.
26)

(2) Notwithstanding subsection (1), the period within which the
documents referred to in subsection (1) are required to be lodged may be
extended by the Commission for a period not exceeding one month, where an
application for the extension is made by the dealer and the Commission is
satisfied there are special reasons for requiring the extension.

(3) An extension under subsection (2) may be allowed subject to such
conditions, if any, as the Commission thinks fit to impose.

(4) Any dealer who fails to lodge the documents required by this section with
the Commission within the time allowed by or under this section shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000.

(Amended 10 of 1989 s. 65)

89. Auditor to send report directly to

Commission in certain cases

If, during the performance of his duties as auditor for a dealer, an auditor

(a) becomes aware of any matter which in his opinion adversely . affects
the financial position of the dealer to a material extent; or

(b)discovers evidence of a contravention by the dealer of section
6513,81,83or84, (Amended 58 of 1985 s. 58)

he shall, as soon as practicable thereafter, send to the Commission and to the dealer
a report in writing of the matter or, as the case may be, concerning the
contravention.

(Amended 10 of 1989 s. 65)

90. Power of Commission to appoint auditor

(1) Where

(a) a dealer has failed to lodge an auditor's report under section 88;

(b) the Commission has received a report under section 89; or





(c)the Commission has reason to believe that a dealer has failed to
comply with section 65B, (Added58of1985s.59)

the Commission may, if it is satisfied that it is in the interests of the dealer
concerned, the dealer's clients, or the general public, to do so, appoint in writing an
auditor to examine, audit, and report, either generally or in relation to any matter, on
the books, accounts, and records of, and securities held by, the dealer. (Amended 58
of 1985 s. 59)

(2) Where the Commission is of the opinion that the whole or any part of the
costs and expenses of an auditor appointed by it under this section should be borne
by the dealer concerned or the Exchange Company, it may, by order in writing, direct
the dealer or the Exchange Company to pay a specified amount, being the whole or
part of those costs and expenses, within the time and in the manner specified.
(Amended 58 of 1985 s. 59)

(3) Where a dealer or Exchange Company has failed to comply with an order of
the Commission under subsection (2), the amount specified in the order may be
sued for and recovered by the Commission as a debt in any court of competent
jurisdiction. (Amended 58 of 1985 s. 59)

(Amended 10 of 1989 s. 65)

91. Power of Commission to appoint an auditor

on the application of a client

(1) On receipt of an application in writing from a person who alleges that a
dealer has failed to account to him in respect of any money or securities held or
received by that dealer for him or on his behalf, the Commission may, after first
giving the dealer an opportunity to give an explanation of the failure, appoint in
writing an auditor to examine, audit, and report, either generally or in relation to any
particular matter, on the books, accounts, and records of, and securities held by,
that dealer.

(2) Every application under subsection (1) shall state

(a)particulars of the circumstances under which the dealer received the
money or securities in respect of which he is alleged to have failed to
account;

(b)particulars of that money or those securities and of the transactions
of the applicant and the dealer relating thereto; and

(c) such other particulars as may be prescribed by regulations.

(3) Every statement in any such application shall be verified by statutory
declaration made by the applicant and shall, if made in good faith and without
malice, be privileged.

(4) The Commission shall not appoint an auditor under subsection (1) unless it
is satisfied

(a)that the applicant has good reason for making the application; and





(b)that it is in the interests of the dealer or the applicant or the public
generally that the books, accounts, and records of, and securities held
by, the dealer should be examined, audited, and reported on.

(Amended 10 of 1989 s. 65)

92. Auditor to report to Commission

An auditor appointed under section 90 or 91 shall, on the conclusion of the
examination and audit in respect of which he was appointed, make a report thereon
to the Commission.

(Amended 10 of 1989 s. 65)

93. Powers of auditors

An auditor appointed by the Commission to examine and audit the books,
accounts, and records of, and securities held by, a dealer may for the purpose of
carrying out the examination and audit- (Amended 10 of 1989 s. 65)

(a)examine on oath the dealer concerned and, where the dealer carries on
business in partnership or is a corporation, any of the members of the
partnership or, as the case may be, any director of the corporation and
any of the dealer's servant and agents and any other auditor
appointed under this Ordinance in relation to those books, accounts,
records, and securities;

(b) employ such persons as he considers necessary; and

(e)by instrument in writing under his hand, authorize any person
employed by him to do, in relation to the examination and audit, any
act or thing that he could do himself as an auditor, except to examine
any person on oath or to exercise any other powers conferred by this
paragraph.

94. Right of auditors and employees
to communicate certain matters

Except for the purpose of carrying into effect the provisions of this Ordinance
or so far as may be required for the purposes of any legal proceedings, whether civil
or criminal, an auditor appointed under section 90 or 91 and an employee of any
such auditor shall not divulge any information which may come to his knowledge in
the course of performing his duties as an auditor or employee under section 90 or
91, as the case may be, to any person other than

(a) the Commission; and (Amended 10 of 1989 s. 65)

(b)-(c) (Repealed 10 of 1989 s. 65)

(d) in the case of an employee, the auditor by whom he is employed.





95. Books, accounts, and records

to he produced on demand

(1) On request by an auditor appointed under this Part or a person who
produces a written authority in that behalf under section 93(c)

(a)a dealer and, where the dealer is a corporation or carries on business
in partnership, the directors of the corporation or the other members
of the partnership, and the dealer's servants and agents, shall
produce any books, accounts, and records of any securities held by
the dealer relating to the dealer's business; and

(b)an auditor appointed by a dealer shall produce any books, accounts,
and records held by him relating to the business of the dealer.

(2) A dealer and, where the dealer is a corporation or carries on business in
partnership, the directors of the corporation or the other members of the
partnership, as the case may be, and the dealer's servants and agents and any
auditor appointed by the dealer shall answer all questions relevant to an
examination and audit which are put to him by an auditor appointed under this Part
or a person who produces a written authority in that behalf given under section
93(c).

(3) Any person mentioned in subsection (1) who, without reasonable excuse,
fails to comply with any request made to him under that subsection, or any person
mentioned in subsection (2) who, without reasonable excuse, refuses or fails to
answer any question put to him under that subsection, shall be guilty of an offence
and shall be liable on conviction to a fine of $10,000 and to imprisonment for 2 years.

96. Offence to destroy, conceal, or alter records or send

records or other property outside Hong Kong

(1) Any person who, with intent to prevent, delay, or obstruct the carrying out
of any examination and audit under this Part

(a)destroys, conceals or alters any book, account, record or document
relating to the business of a dealer; or

(b)sends or attempts to send, or conspires with any other person to
send, out of Hong Kong any such book, account, record, or
document, or any property of any description belonging to or in the
disposition of or under the control of a dealer,

shall be guilty of an offence and shall be liable on conviction to a fine of $50,000
and to imprisonment for 2 years.

(2) If, in a prosecution for an offence under subsection (1), it is proved that the
person charged

(a)destroyed, concealed, or altered any book, account, record, or
document mentioned in that subsection; or





(b)sent or attempted to send, or conspired to send, out of Hong Kong
any such book, account, record, or document or any property
mentioned in paragraph (b) of that subsection,

the onus of proving that in so doing he did not act with intent to prevent, delay, or
obstruct the carrying out of an examination and audit under this Part shall lie on
him. (3) Any person who, with intent to prevent, delay, or obstruct the

carrying out of an examination and audit under this Part, leaves, or attempts to
leave, Hong Kong shall be guilty of an offence and shall be liable on conviction to a
fine of $50,000 and to imprisonment for 2 years.

97.Right of committee to impose obligations, etc., on members of Exchange
Company not affected by this Part

Nothing in this Part shall prevent the committee of the Exchange

Company from imposing on members of the Exchange Company any further
obligations or requirements which the committee thinks necessary with respect
to-

(a) the audit of accounts;

(b) the information to be given in reports by auditors; or

(c) the keeping of accounts, books, and records.

(Amended 58 of 1985 s. 60)

PART X

COMPENSATION FUND

98. Interpretation

(1) In this Part. unless the context otherwise requires

'Committee' means the Securities Compensation Fund Committee established
under section 100(1); (Amended 10 of 1989 s. 65)

'compensation fund' means the fund established under section 99;

'default', in relation to the failure of a stockbroker to perform a legal obligation,
means a default arising from

(a) the bankruptcy, winding up or insolvency of the stockbroker;

(b) any breach of trust committed by the stockbroker; or

(c)any defalcation, fraud or misfeasance committed by the stockbroker
or partner, being a partner in a dealing partnership, or by the servant
of the stockbroker or of a dealing partnership in which he is a partner;
(Replaced 58 of 1985 s. 61)

'legal obligation' includes an obligation arising under a contract or quasicontract
or under a trust (including a constructive trust);





'stockbroking business' means

(a)a business of dealing in securities listed or quoted on the Unified
Exchange carried on by a member of the Exchange Company;

(b)the administration of any trust, or the carrying on of the business of
any company, in conjunction with, or as an adjunct to, a business
specified in paragraph (a);

(c)the retention of securities whether for safe keeping or otherwise, and
whether for specific consideration or otherwise, in conjunction with,
or as an adjunct to, a business specified in paragraph (a). (Replaced 58
of 1985 s. 61)

(2) A reference in this Part to a claimant or person making a claim includes, in
the event of his death, insolvency, or other disability, a reference to his personal
representative or any other person having authority to administer his estate.

99. Establishment of compensation fund

The Commission shall establish and maintain a compensation fund, to be
known as the Unified Exchange Compensation Fund, for the purposes set out in
this Part.

(Amended 58 of 1985 s. 62)

100. Securities Compensation Fund Committee

(1) There shall be a committee, to be known as the Securities Compensation
Fund Committee, which shall be. responsible, subject to this section, for the
administration of the compensation fund.

(2) The Committee shall consist of 5 persons appointed by the Commission, of
whom at least two shall be directors of the Commission and two shall be persons
nominated by the Exchange Company. (Amended 58 of 1985s.63)

(3) The Commission shall nominate one of the members of the Committee who
is also a director of the Commission to be chairman of the Committee.

(4) The Committee shall exercise on behalf of the Commission such of the
powers, duties, and functions of the Commission under this Part as may from time
to time be delegated to the Committee by the Commission; but the Commission may
not delegate its power of delegation under this section or its powers under section
110.

(5) Any power, duty, or function delegated under this section may be exercised
by members forming a majority of the Committee as if by this Part that power, duty,
or function had been conferred on a majority of the members of the Committee.





(6) Any delegation under this section may at any time be varied or revoked.

(7) The Commission may at any time remove any member of the Committee
appointed by it under this section and may fill any vacancy in the Committee
however arising.

(8) Subject to any direction of the Commission, the Committee may regulate its
procedure in such manner as it thinks fit.

(Amended 10 of 1989 s.
65)

101. Money constituting the compensation fund

(1) The compensation fund shall consist of

(a)all money paid to or deposited with the Commission by the Exchange
Company in accordance with the provisions of this Part; (Amended
58 of 1985 s. 64)

(b) (Repealed 58 of 1985 s. 64)

(c)all money recovered by or on behalf of the Commission by the
exercise of any right of action conferred by this Part;

(d) all money borrowed under subsection (2);

(e) all other money lawfully paid into the fund.

(2) The Commission may from time to time borrow for the purpose of the
compensation fund from any lender and may charge any investments acquired
under section 105 by way of security for any such loan; but the aggregate sum
owing at any one time in respect of any such loans shall not exceed $1,000,000.

102. Money to he kept in bank account

The Commission shall open at one or more licensed banks a separate bank

account ' or separate bank accounts and shall, pending its application in
accordance with this Part, pay into or transfer to that account or those
accounts all money forming part of the compensation fund.

103. Accounts of fund

(1) The Commission shall keep proper accounts of the compensation fund, and
shall in respect of the financial year beginning before and ending after the day on
which this section commences, and in respect of each subsequent financial year,
prepare a revenue and expenditure account, and a balance sheet made up to the last
day of that year.

(2) The Commission shall appoint an auditor to audit the compensation fund.

(3) The auditor so appointed shall annually audit the accounts of the
compensation fund and shall audit, and prepare an auditor's report in respect of,
each balance sheet and revenue and expenditure account prepared under
subsection (1) and shall submit the report to the Commission.





(4) Not later than the 31 st day of July in each year the Commission shall
cause a copy of the audited balance sheet, revenue and expenditure account, and
the auditor's report to be sent to the Exchange Company. (Amended 58 of 1985 s.
65)
104.Exchange Company to make deposits
in respect of members

(1) The Exchange Company shall, subject to the provisions of ibis Part,
deposit with the Commission and keep deposited in respect of each membership of
the Exchange Company a sum of $50,000 payable in cash.

(2) The amount referred to in subsection (1) shall be deposited

(a)in respect of every membership held on the appointed day, not later
than 1 month after that date; and

(b)in respect of every membership taken up after the appointed day, not
later than 1 month after the date on which such membership is taken
up.

(3) For the purposes of this section and section 106, each share in the
Exchange Company held by a member shall be deemed to constitute a separate
membership.

(4) Any amount due under this section may be sued for and recovered by the
Commission as a debt in any court of competent jurisdiction.

(Replaced 58 of 1985 s. 66)

105. Balance of sums in bank account may be invested

(1) The Commission may invest any money which forms part of compensation
fund and is not immediately required for any other purposes provided for by this
Part either--

(a) on fixed deposit with a licensed bank; or

(b)in securities in which trustees are authorized by law to invest trust
funds.

(2) As soon as practicable after the end of each financial year, the Commission
shall notify the Exchange Company in writing of- (Amended58 of 1985 s. 67)

(a)the rate of interest to be paid for that financial year in respect of each
sum deposited under section 104(1)(a);

(b) the manner and time of payment of that interest; and

(c)the amount to be charged to meet the expenses incurred or involved
in the administration of the compensation fund. (Replaced 62 of 19
76 s. 28)

(3) Any fixed deposit receipts or documents relating to the investment of
money in securities under subsection (1) may be kept in the office of the
Commission or deposited by the Commission for safe-keeping with a licensed

bank.(Added 62 of 1976 s.28)





106. Repayment of deposits in certain cases

(1) Where the Exchange Company has deposited a sum of money with
the Commission under section 104 in respect of any membership and that
membership for any reason ceases, the Commission shall, unless the money is
required to satisfy any claims or liabilities arising before such membership
ceased, within 6 months after the cessation of such membership, deliver to the
Exchange Company the sum deposited in respect thereof.
(2) If any money has been delivered to the Exchange Company pursuant
to subsection (1) in respect of any membership, the Exchange Company shall,
if the member has satisfied all financial obligations due in respect of such
membership from the member to the Exchange Company and is otherwise in
good standing with the Exchange Company, deliver the money-
(a) to the member;
(b)where the member has died or is bankrupt, to his personal
representative or trustee in bankruptcy, as the case may be; or
(c)where the member is a corporation in liquidation, to the
liquidator thereof.
(Replaced 58 of 1985 s. 68)

107. Replenishment of fund in certain cases

(1) Subject to subsection (2), if at any time resort has to be made to any
money deposited under section 104 in order to satisfy any claim made against
the compensation fund in relation to a stockbroker, the Exchange Company
shall, on being required to do so by the Commission, replenish the fund by
depositing with the Commission an amount that is equal to that paid in
connection with the satisfaction of the claim, including any legal and other
expenses paid or incurred in relation to the claim.
(2) The Commission may not require the Exchange Company to make a
deposit under subsection (1) in respect of any payment made to satisfy a claim
under this Part unless it has first exhausted all relevant rights of action and
other legal remedies, conferred by section 118, against the stockbroker, in
relation to whom the claim arose.
(3) Any amount required to be deposited under this section may be sued
for and recovered by the Commission as a debt in any court of competent
jurisdiction.
(Replaced 58 of 1985 s. 68)

108. Payments out of the fund

(1) Subject to this Part, there shall from time to time be paid out of the
compensation fund as required and in the following order-





(a)all legal and other expenses incurred in investigating or defending
claims made under this Part or incurred in relation to the fund or in the
exercise by the committee of the Exchange Company or the
Commission of the rights, powers, and authorities vested in them by
this Part in relation to the fund; (Amended 58 of 1985 s. 69)

(b)the expenses incurred or involved in the administration of the fund;

(e)the amounts of all claims, including costs, allowed by the committee
of the Exchange Company or established against the Exchange
Company under this Part; and (Replaced 58 of 1985 s.69)

(d)all other money payable out of the fund in accordance with this Part.

(2)-(3) (Repealed 58 of 1985 s. 69)

109. Claims against the fund

(1) Where, in consequence of any act done in the course of or in connection
with the stockbroking business of a stockbroker, a person has a cause of action
against that stockbroker in relation to any money, securities or other property
entrusted to or received by the stockbroker or any partner of the stockbroker or any
person employed by the stockbroker, that person shall be entitled, subject to this
Part, to claim compensation from the compensation fund in respect of any pecuniary
loss suffered by him. (Replaced 58 of 1985 s. 70)

(2) Subsection (1) does not entitle any stockbroker to make a claim against the
compensation fund. (Replaced 58 of 1985 s. 70. Amended 10 of 1989 s. 65)

(3) Except as otherwise provided in this Part, the total amount that may be paid
under this Part to all persons who suffer loss through any default mentioned in
subsection (1) shall not in any event exceed $2,000,000 in respect of each
stockbroker concerned in or connected with the default; but for the purposes of this
subsection any amount paid from the compensation fund shall, to the extent that
the fund is subsequently reimbursed in respect of any such payment (not being a
deposit made under section 107), be disregarded. (Amended L.N. 101 of 1980; 58 of
1985 s. 70)

(4) A person shall not have a claim against the compensation fund in respect of
a default committed before the appointed day. (Amended 58 of 1985s. 70)

(5) Subject to this Part, the amount which any claimant is entitled to claim as
compensation from the compensation fund is the amount of the actual pecuniary
loss suffered by him, including the reasonable costs of and incidental to the making
and proving of his claim. (Replaced 58 of 1985 s. 70. Amended L.N. 294 of 1988)







(6) In addition to any compensation payable under this Part, interest shall be
payable out of the compensation fund on the amount of the compensation, less any
amount attributable to costs and disbursements, at such rate as may be determined
by the Commission from time to time, which shall be calculated from the day on
which the default was committed and continue until the day on which the claim is
satisfied.

(7) For the purposes of this section

(a)'stockbroker' includes a person who has been, but, at the time of
any default mentioned in subsection (1), had ceased to be. a member
of the Exchange Company if, at the time when the claimant entered
into the transaction or course of dealing giving rise to the claim, the
claimant had reasonable grounds for believing that person to be a
member of the Exchange Company; (Amended 58 of 1985 s. 70)

(b)-(c) (Repealed 58 of 1985 s. 70)

made in respect of claims

(1) If, after consultation with the committee of the Exchange Company and after
taking into account all ascertained or contingent liabilities of the compensation fund,
the Commission considers that the assets of the fund so permit, it may by notice
published in the Gazette increase the total amount which may be claimed from the
fund under section 109; and from the date of that publication. until the notice is
revoked or varied, the amount specified in the notice shall be the maximum amount
that may be claimed under that section. (AmendedL.N.92of1980;58of1985s.71)

(2) A notice under subsection (1) may be varied or revoked by the Commission
by notice published in the Gazette.

111. Rights of innocent partner, etc. in relation to the fund

(1) Notwithstanding anything to the contrary under this Part, where all persons
submitting claims under section 109 have been fully compensated in accordance
with the provisions of this Part for the loss sustained by them as a result of the
failure of a partner in a dealing partnership or a director of a stockbroker which is a
corporation to perform a legal obligation, any other partner of that partnership who
has made payment to any person in compensation for loss sustained by him as a
result of that failure or, where a stockbroker which is a corporation or a dealing
director of such a stockbroker has made such a payment, that stockbroker, or
dealing director, shall be subrogated to the extent of the payment to all the rights
and remedies against the compensation fund if the Exchange Company considers,
having regard to all the circumstances, that he





(a)was in no way a party to the default which resulted in the failure to
perform that obligation; and

(b)acted honestly and reasonably in the matter. (Replaced 58 of 1985s.72)

(2) If any partner of the dealing partnership, or any stockbroker which is a
corporation, or any director of such a corporation, is aggrieved by the decision of
the Exchange Company under subsection (1), he or it may, within 28 days after
receipt of notice of the decision, appeal to the Commission against the decision.
(Amended 58 of 1985 s. 72)

(3) An appellant shall, on the same day as lodging a notice of appeal with the
Commission, lodge a copy of the notice with the Exchange Company. (Amended 58
of 1985 s. 72)

(4) The Commission shall inquire into and decide on the appeal and, if the
Commission considers having regard to all the circumstances that the appellant

(a) was in no way a party to the default in question; and

(b) acted honestly and reasonably in the matter, it may direct that the
appellant shall, to the extent of any payment made by him, be subrogated to all the
rights and remedies in relation to the compensation fund of the person to whom he
or it has made payment in compensation.

112. Notice calling for claims against the fund

(1) The committee of the Exchange Company may cause to be published in one
or more English language newspapers and one or more Chinese language
newspapers, published daily and circulating generally in Hong Kong, a notice
specifying a date, not being earlier than 3 months after publication of the notice, on
or before which claims for compensation from the compensation fund may be made
in relation to the person specified in the notice.

(2) Where any person wishes to claim compensation under this Part, he shall
lodge his claim in writing with the committee of the Exchange Company

(a)if a notice under subsection (1) has been published, on or before the
date specified in the notice; or

(b)if no such notice has been published, within 6 months after the
claimant became aware of the default giving rise to the claim.

(3) Any claim which is not made within the time limited by subsection (2) shall,
unless the committee of the Exchange Company otherwise determines, be barred.

(4) An action for damages shall not lie against the Exchange Company or
against the committee or any member thereof, or any employee of the Exchange
Company by reason of any notice published for the purposes of this section in
good faith and without malice. (Replaced 58 of 1985 s. 73)

(Amended 58 of 1985 s. 73)





Company in respect of claims

(1) Where the committee of the Exchange Company is satisfied that a
claim made under section 109 is a proper claim, it shall, subject to this Part,
make a determination allowing the claim.
(2) If the committee is not satisfied as to the propriety of a claim under
section 109, it shall make a determination disallowing the claim or, if it is
satisfied only as to the propriety of part of such a claim, it shall make a
determination allowing the claim as to that part.
(3) Where the committee of the Exchange Company makes a
determination under subsection (1) or (2), it shall forthwith serve notice of its
determination in writing on the claimant or on his solicitor and deliver a copy
of the notice to the Commission.
(4) If the committee of the Exchange Company disallows or only partially
allows a claim against the compensation fund, the determination of the
committee shall specify the reasons for the disallowance or, as the case may be,
partial allowance.
(5) If, in the case of any particular claim, after taking into account all
ascertained and contingent liabilities of the compensation fund, the committee
of the Exchange Company considers that the assets of the fund so permit, it
may, with the prior approval of the Commission, allow in respect of a claim
which is in excess of the total amount limited by or under section 109 such
additional sum in or towards the compensation of the claimant as it thinks fit.
(6) The receipt of a copy of a notice under subsection (3) notifying the
allowance or partial allowance of a claim is sufficient authority for the
Commission to pay to the claimant the amount allowed under this section.
(Amended 58 of 1985 s. 74)

require production of securities, etc.

(1) The committee of the Exchange Company may at any time require
any person to produce any securities, documents, or statements of evidence
necessary-
(a)in order to substantiate any claim made against the compensation
fund; or
(b)for the purpose either of exercising its rights against a
stockbroker or against any other person concerned; or
(c)for the purpose of enabling criminal proceedings to be brought
against any person in respect of a default, being a default which is
or involves the commission of a criminal offence.
(2) Where any claimant required to produce any securities, documents, or
statements of evidence under subsection (1) fails to produce them the committee





of the Exchange Company may, if it is satisfied that securities, documents, or
statements are in the possession of, or available to, the claimant, refuse to allow the
claimant's claim until such time as he produces them.

(Amended 58 of 1985 s. 75)

115. Court proceedings to establish a claim against the fund

(1) Subject to subsection (2), a person whose claim has been disallowed, or
only partially allowed, under section 113 may, at any time after the service under
that section of the notice notifying the disallowance or partial allowance commence
proceedings against the Exchange Company to establish his claim against the
compensation fund.

(2) Except with leave of the Court, no proceedings against the Exchange
Company in respect of a claim which has been disallowed, or only partially allowed,
under section 113 may be commenced after the expiration of 3 months after the
service of the notice under subsection (3) of that section.

(3) Any proceedings brought against the Exchange Company to establish a
claim against the compensation fund shall be by action as for a debt due from the
Exchange Company.

(Amended 58 of 1985 s. 76)

brought under section 115

In any proceedings brought under section 115,

(a)all defences that would have been available to the person or persons
in relation to whom the claim arose shall be available to the Exchange
Company; (Amended 58 of 1985 s. 77)

(b)all questions as to costs shall be in the discretion of the Court; and

(c)evidence which would be admissible against the stockbroker or any
other person by whom it is alleged a default was committed is
admissible to prove the commission of the default, notwithstanding
that the stockbroker or other person is not the defendant in or a
party to those proceedings.

117. Form of court order establishing claim

Where, in any proceedings brought against the Exchange Company to
establish a claim against the compensation fund, the Court is satisfied that the
default on which the claim is founded was actually committed and that the claimant
otherwise has a valid claim, the Court shall by order





(a)allow the amount of the claim or such part of the claim as it thinks
proper;

(b)declare the fact and date of the default and the amount allowed
under paragraph (a); and

(c)direct the Commission to pay to the claimant the amount declared
under paragraph (b).

(Amended 58 of 1985 s. 78)

of claimant on payment from fund

On the Commission making any payment out of the compensation fund in
respect of any claim under this Part,

(a)the Commission shall be subrogated to the extent of that payment to
all the rights and remedies of the claimant in relation to the loss
sustained by him by reason of the default on which the claim was
based; and

(b)the claimant shall have no right in bankruptcy or winding up or by
legal proceedings or otherwise to receive in respect of the loss any
sum out of the assets of the stockbroker concerned or any dealing
partnership in which he is a partner, or where the loss was caused by
the defalcation, fraud or misfeasance of a servant or partner of the
stockbroker, the assets of that servant or partner, until the
Commission has been reimbursed the full amount of its payment.
(Replaced 58 of 1985 s. 79)

119. Payment of claims only from the fund

No money or other property belonging to the Commission or to the Exchange
Company, other than the compensation fund, shall be available for the payment of
any claim under this Part, whether the claim is allowed by the committee of the
Exchange Company or is made the subject of an order of the Court or otherwise.

(Amended 58 of 1985 s. 80)

or where claims exceed total amount payable

(1) Where the amount at credit in the compensation fund is insufficient to
enable the payment of the whole amount of all claims against it which have been
allowed or in respect of which orders have been made. then the amount at credit
shall, subject to subsection (2), be apportioned between the claimants in such
manner as the committee of the Exchange Company or, as the case may be, the
Court thinks equitable; and any such claim, so far as it remains unpaid.





shall be charged against further receipts of the fund and paid out of the fund when
there is again money available in the fund.

(2) Where the aggregate of all claims against the compensation fund which
have been allowed, or in respect of which orders of the Court have been made, in
relation to the default giving rise to the claims exceeds the total amount which may
be paid under this Part in respect of the stockbroker or stockbrokers concerned in
the default, that total amount shall be apportioned between the claimants in such
manner as the committee of the Exchange Company or, as the case may be, the
Court thinks equitable; and, on payment out of the fund of that total amount in
accordance with that apportionment

(a) all such claims and any order of the Court relating to them; and

(b)all other claims which may subsequently arise or be made in
connection with the default,

shall be absolutely discharged.

(Amended 58 of 1985 s. 81)

on winding up the Exchange Company

In the event of the Exchange Company being wound up under the Companies
Ordinance (Cap. 32), the Commission may, in its absolute discretion, after the
satisfaction of all outstanding liabilities against the compensation fund, pay to the
liquidator of the Exchange Company the whole or any part of the amounts
contributed by the Exchange Company under this Part, together with any income
accrued in respect thereof, and on any such payment being made those amounts
shall form part of the assets of the Exchange Company and be available to the
liquidator for distribution in accordance with the Companies Ordinance (Cap. 32).

(Amended 58 of 1985 s. 82)

121A. Commission may act where committee fails to do so

Notwithstanding anything in this Part, where the Commission is satisfied that
the committee of the Exchange Company has

(a)failed or refused to exercise any of its powers, functions or duties
under this Part; or

(b)unreasonably delayed the making of any determination under section
113,

it may exercise all or any of the powers, functions or duties of the committee of the
Exchange Company under this Part, and any act done or determination made by the
Commission pursuant to its powers under this section shall be deemed, for the
purposes of this Part, to be an act done or determination made by the committee.
(Added 58 of 1985 s. 83. Amended 10 of 1989 s. 65)





PART Xl

INSPECTIONS AND INVESTIGATIONS

Inspections

122-125. (Repealed 10 of 1989 s. 65)

Investigations

126. Interpretation for the purposes of sections 127 to 134
In sections 127 to 134, unless the context otherwise requires-
'inspector' means an inspector appointed under section 127(1);
'investigation' means an investigation made under section 127 by an inspector;
'prescribed person' means a person suspected or believed by an inspector, on
reasonable grounds, to be capable of giving information concerning any
matter to be investigated by the inspector.

127. Investigation by inspector
(1) Where it appears to the Commission that it is desirable for the
protection of the public or of the holders of securities to appoint an inspector to
investigate-
(a) any alleged breach of trust, defalcation, fraud, or misfeasance; or
(b)any matter concerning dealing in securities or the giving of
investment advice,
the Commission may, by instrument in writing, appoint a person as an
inspector to investigate the allegation or matter and to report on it in such
manner as the Commission directs. (Replaced 62 of 1976 s. 32)
(2) The Commission shall, in an instrument appointing an inspector,
specify full particulars of the appointment including-
(a) the matters into which the investigation is to be made; and
(b)the terms and conditions of the appointment including terms and
conditions relating to remuneration.
(3) An inspector may require a prescribed person by notice in the form
prescribed by regulations given in the manner as prescribed-
(a)to produce to the inspector such documents relating to a matter
with which his investigation is concerned as are in the custody or
under the control of that person;
(b)to give to the inspector all reasonable assistance in connection
with the investigation; and
(c) to appear before the inspector for examination on oath,
and may administer the oath referred to in paragraph (c).





(4) Where documents are produced to an inspector under this section the
inspector may take possession of them for such period as he considers necessary
for the purposes of his investigation, and during that period he shall permit a person
who would be entitled to inspect any one or more of those documents if they were
not in the possession of the inspector to inspect at all reasonable times such of
them as that person would be so entitled to inspect.

(5) A prescribed person

(a)shall comply with a requirement of an inspector under subsection (3);

(b)shall not knowingly furnish to the inspector, whether on examination
in pursuance of such requirement or otherwise, information that is
false or misleading in a material particular; or

(e)when appearing before an inspector for examination in pursuance of
such a requirement, shall take an oath in accordance with the
requirement.

(6) Any person who, without reasonable excuse, contravenes any of the
provisions of subsection (5) shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000.

(7) A solicitor or counsel acting for a prescribed person

(a) may attend an examination of that person; and

(b) may, to the extent that the inspector permits(i)
address the inspector; and

(ii) examine that person,

in relation to matters in respect of which the inspector has
questioned that person.

(8) A prescribed person is not excused from answering a question put to him
by an inspector on the ground that the answer might tend to incriminate him but,
where that person claims, before answering the question, that the answer might tend
to incriminate him, neither the question nor the answer is admissible in evidence
against him in criminal proceedings other than proceedings under subsection (6) or
in relation to a charge of perjury in respect of the answer.

(9) A person who complies with the requirement of an inspector under
subsection (3) shall not incur any liability to any person by reason only of that
compliance.

(10) A person required to attend for examination under this section is entitled to
such allowances and expenses as may be prescribed by regulations.

(11) Where a prescribed person fails to comply with a requirement of an
inspector under subsection (3), the inspector may, unless that person proves that
he had a lawful authority for his failure, certify the failure by writing under his hand
to the Court.

(12) Where an inspector gives a certificate under subsection (11), the Court may
inquire into the case and





(a)order the prescribed person to whom the certificate relates to
comply with the requirement of the inspector within such period
as is fixed by the Court; or
(b)if the Court is satisfied that that person failed without lawful
authority to comply with the requirement of the inspector, punish
him in the same manner as if he had been guilty of contempt of
court.

128. Notes of examination

(1) An inspector may cause notes of an examination made by him under
this Part to be recorded in writing and be read to or by the person examined
and may require that person to sign the notes and, subject to this section, notes
signed by that person may be used in evidence in any legal proceedings against
that person.
(2) A copy of the notes signed by a person shall be furnished without
charge to that person upon request made by him in writing.
(3) Notes made under this section that relate to a question the answer to
which a person has claimed might tend to incriminate him shall not be used as
evidence in criminal proceedings other than proceedings under section 127(6) or
in relation to a charge of perjury in respect of the answer.
(4) Nothing in this section affects or limits the admissibility of other
written evidence or of oral evidence.
(5) The Commission may give a copy of notes made under this section to
a solicitor or counsel who satisfies the Commission that he is acting for a person
who is conducting or is, in good faith, contemplating legal proceedings in
respect of matters, required to be investigated by the inspector, being affairs
investigated by an inspector under this Part.
(6) A solicitor or counsel to whom a copy of notes is given under sub-
section (5) shall not use the notes except in connection with the institution or
preparation of, and in the course of, legal proceedings and shall not disclose for
any other purpose the notes or any part of the contents of them to any person.
(7) Any solicitor or counsel who contravenes subsection (6) shall be guilty
of an offence and shall be liable on conviction to a fine of $2,000.
(8) Where a report is made under section 130 any notes recorded under
this section relating to that report shall be furnished with the report.

129. Delegation of powers, etc., by inspector
(1) An inspector may by instrument in writing---
(a)delegate all or any of his powers or functions under this Part
except this power of delegation, the power to administer an oath,
and the power to examine on oath; and
(b) vary or revoke a delegation given by him.





(2) A power or function delegated by an inspector may be exercised or
performed by the delegate in accordance with the instrument of delegation as in
force from time to time.

(3) A delegate shall, at the request of a prescribed person, produce the
instrument of delegation for inspection.

(4) A delegation under this section by an inspector of a power or function
does not prevent the exercise of the power or the performance of the function by
the inspector.

130. Report of inspector

(1) On completion of an investigation under section 127, the inspector shall
report his findings to the Commission and shall deliver a copy of the report to the
Attorney General.

(2) Subject to subsection (3), the Commission shall give a copy of the
inspector's report to the prescribed person whose affairs were investigated by the
inspector.

(3) Subject to subsection (4), the Commission shall not give a report to a
prescribed person if the Attorney General believes that legal proceedings that have
been, or that in its opinion might be, instituted might be prejudiced by the report.

(4) The court before which legal proceedings are brought against a prescribed
person for or in respect of matters dealt with in a report under this section may order
that a copy of the report be given to that person.

(5) The Commission may, if it is of the opinion that it is in the public interest to
do so, cause the whole or any part of a report under this section to be printed and
published.

(6) If, from a report under this section, it appears to the Attorney General that
an offence may have been committed by a person and that a prosecution ought to
be instituted, the Attorney General shall cause a prosecution to be instituted.

(7) Where it appears to the Attorney General that a prosecution ought to be
instituted, he may, by notice in writing given before or after the institution of a
prosecution in accordance with subsection (6), require a prescribed person to give
all assistance in connection with prosecution that he is reasonably able to give.

(8) If from a report under this section it appears to the Commission or to the
Attorney General that proceedings ought in the public interest to be brought by a
prescribed person for the recovery of damages in respect of a breach of trust,
defalcation, fraud, or misfeasance in connection with the affairs of the prescribed
person or for the recovery of property of the prescribed person, either the
Commission or the Attorney General may cause proceedings to be instituted
accordingly in the name of the prescribed person. (Amended 62 of 1976 s. 33)





131. Privileged communications

(1) An inspector shall not require disclosure by a solicitor or counsel of any
privileged communication, whether oral or written, made to or by him in that
capacity, except as regards the name and address of his client.

(2) Nothing in sections 127 to 130 shall be construed as affecting section 4 of
the Inland Revenue Ordinance (Cap. 112).

132. Cost of investigation

(1) Subject to this section, the expenses of and incidental to an investigation
by an inspector (including the expenses incurred and payable by the Commission in
any proceedings brought by it in the name of a prescribed person) shall be paid out
of money provided by the Legislative Council.

(2) An application referred to in subsection (3) may be made to a court by or on
behalf of

(a)the Commission or the Attorney General in the course of
proceedings in that court instituted in the name of a prescribed
person under section 130(8); or

(b)the Attorney General on, or within 14 days after, a conviction by the
court in proceedings certified by the Attorney General, for the
purposes of the application, to have been instituted as a result of an
investigation by an inspector;

and the court may make such order with respect to the application and its subject
matter as it thinks fit.

(3) The application that may be made under subsection (2) is an application for
one or more of the following orders

(a)that a specified person pay the whole, or a specified part of, the
expenses of and incidental to, the investigation that led to the
proceedings;

(b)where expenses have been paid under subsection (1), that a
specified person reimburse the Commission to the extent of the
payment;

(c)that a specified person reimburse the Commission in respect of the
remuneration of any person employed by the Commission in
connection with the investigation.

(4) If no proceedings under section 130(6) are commenced against a prescribed
person, or, where the prescribed person is a corporation, against any director of the
corporation, within 6 months after the completion of an investigation by an
inspector, the prescribed person may apply to a court for an order for the payment
of costs incurred by him in connection with the investigation; and the court may, if
it finds that the investigation was not warranted, order the Commission to pay to
the prescribed person such sum, not exceeding the amount of costs actually
incurred by the prescribed person in respect of the investigation, as it thinks just.





(5) A copy of an application made under subsection (4) shall be served
on the Commission and the Commission shall be entitled to be heard at the
proceedings to determine the application.

133. Concealing, etc., of books relating to securities
(1) A person who-
(a)conceals, destroys, mutilates, or alters a document relating to a
matter which is the subject of an investigation by an inspector;
(b)sends, causes to be sent, or conspires with another person to
send, out of Hong Kong any such document; or
(c)being a prescribed person to whom notice has been given under
section 127(3), leaves Hong Kong,
shall be guilty of an offence and shall be liable on conviction to a fine of $20,000
and to imprisonment for 2 years.
(2) It shall be a defence to a prosecution under subsection (1) to prove
that the person charged did not act with intent to defeat the purposes of section
127 or to delay or obstruct the carrying out of an investigation under that
section.

134. Commission may make certain orders
(1) Where an investigation is being made under section 127 and it appears
to the Commission that facts concerning securities to which the investigation
relates cannot be ascertained because a prescribed person referred to in that
section has failed or refused to comply with a requirement of an inspector under
that section, the Commission may, by order published in the Gazette, make one
or more of the following orders-
(a)an order restraining a specified person from disposing of any
interest in specified securities;
(b)an order restraining a specified person from acquiring specified
securities;
(c)an order restraining the exercise of any voting or other rights
attached to specified securities;
(d)an order directing a person who is registered as the holder of
securities in respect of which an order under this section is in
force to give notice in writing of that order to any person whom
he knows to be entitled to exercise a right to vote attached to
those shares;
(e)an order directing a company not to make payment, except in the
course of a winding up by the Court, of any sum due from the
company in respect of specified securities;
an order directing a company not to register the transfer or
transmission of specified securities;





(g)an order directing a company not to issue shares to a person who
holds shares in the company by reason of his holding those shares
nor in pursuance of an offer made to such a person by reason of his
holding those shares.

(2) A copy of an order under subsection (1) and of any order by which it is
revoked or altered shall be served

(a)where it relates to specified securities, on the authority or body that
issued them or made them available or, where the securities are rights
or options, on the authority or body against whom the right is, or
would be enforceable, or which issued or made available the
securities to which the option relates; and

(b) where it relates to a corporation, on the corporation.

(3) A person aggrieved by an order under subsection (1) may apply to the
Court for revocation of the order and the Court may, if it is satisfied that it is
reasonable to do so, revoke the order and any order by which it has been altered or
varied.

(4) Any person who contravenes an order under subsection (1) shall be guilty
of an offence and shall be liable on conviction to a fine of $5,000.

(5) Without prejudice to the powers of the Attorney General in relation to the
prosecution of criminal offences, a prosecution under this section shall not be
instituted except with the consent in writing of the Commission.

PART XII

PREVENTION OF IMPROPER TRADING PRACTICES

Offices

135. False markets and trading

(1) A person shall not intentionally create or cause to be created, or do
anything with the intention of creating

(a)a false or misleading appearance of active trading in any securities
on the Unified Exchange; or

(b)a false market in respect of any securities on the Unified Exchange.
(Amended 58 of 1985 s. 84)

(2) For the purposes of subsection (1)(b), a false market is created in relation to
securities when the market price of those securities is raised or depressed or
pegged or stabilized by means of

(a)sales and purchases transacted by persons acting in collaboration
with each other for the purpose of securing a market price for those
securities that is not justified either by the assets of the corporation
which issued the securities or by the profits (including anticipated
profits) of the corporation;





(b)any act which has the effect of preventing or inhibiting the free
negotiation of market prices for the purchase or sale of the securities;
or

(c)the employment of any fictitious transaction or device or any other
form of deception or contrivance.

(3) A person shall not with the intention of depressing, raising, or causing
fluctuations in the market price of any securities effect any purchase or sale of any
such securities which involves no change in the beneficial ownership of those
securities.

(4) A purchase or sale of securities involves no change in beneficial ownership
within the meaning of subsection (3) if a person who held an interest in the
securities before the purchase or sale, or a person associated with him in relation to
those securities, holds an interest in the securities after the purchase or sale.
(Amended L.N. 140 of 1974)

(5) A person shall not circulate or disseminate, or authorize or be concerned in
the circulation or dissemination of, any statement or information to the effect that
the price of any securities will or is likely to rise or fall because of the market
operations of one or more persons which, to his knowledge, are conducted in
contravention of subsection (1).

136. Employment of fraudulent or deceptive devices etc.

A person shall not, directly or indirectly, in connection with any transaction
with any other person involving the purchase, sale, or exchange of securities

(a)employ any device, scheme, or artifice to defraud that other person;
or

(b)engage in any act, practice, or course of business which operates as
a fraud or deception, or is likely to operate as a fraud or deception, of
that other person.

137. Restrictions on fixing, etc. prices for securities

A person shall not, either alone or with one or more other persons, effect any
series of transactions for the purchase or sale of securities, or the purchase and
sale, of any securities for the purpose of pegging or stabilizing the price of
securities of that class in contravention of any regulations made for the purposes of
this section.

138. False or misleading statements about securities

A person shall not, directly or indirectly, for the purposes of inducing the sale
of the securities of any corporation, make with respect to those securities, or with
respect to the operations or the past or future performance of the corporation-





(a)any statement which is, at the time and in the light of the circumstances in
which it is made, false or misleading with respect to any material fact and
which he knows or has reasonable ground to believe to be false or misleading;
or

(b)any statement which is, by reason of the omission of a material fact,
rendered false or misleading and which he knows or has reasonable grounds
for knowing is rendered false or misleading by reason of the omission of that
fact.

139. Offences and penalty in relation to sections 135 to 138

Any person who contravenes any of the provisions of section 135, 136, 137, or 138
shall be guilty of an offence and shall be liable on conviction on indictment to a fine of
$50,000 and to imprisonment for 2 years.

140. (Repealed 8 of 1978 s. 7)

Action in Tort

141. Liability to pay compensation

(1) A person who contravenes section 135, 136, 137, or 138 shall, in addition to any
liability under section 139, be liable to pay compensation by way of damages to any person
who has sustained pecuniary loss as a result of having purchased or sold securities at a price
affected by the act or transaction which comprises or is the subject of the contravention.

(2) An action may be brought under subsection (1) in respect of a contravention
referred to in that subsection notwithstanding that no person has been charged or convicted
under section 139 in respect of the contravention.

(3) Nothing in this section limits or diminishes any liability which any person may
incur under the common law.

PART XIIA

INSIDER DEALING

141A. Application of this Part

(1) This Part applies to the securities of a corporation only if they are listed on the
Unified Exchange or have been listed on the Unified Exchange or on an approved stock
exchange at any time within 5 years immediately preceding any dealing in relation to those
securities within the meaning of

section141B(1). (Replaced 58 of 1985 s. 85)





(1A) For the purposes of subsection (1), 'approved stock exchange' means a
company which was, immediately before the repeal of section 25, approved or
deemed to have been approved as a stock exchange under that section.
(Added58of1985s.85)

(2) No transaction shall be void or voidable by reason only that it is an insider
dealing within the meaning of this Part.

Definition of insider dealing

141B. When insider dealing takes place

(1) Insider dealing in relation to the securities of a corporation takes place and,
pursuant to section 141C may be culpable for the purposes of this Part

(a)when a dealing in the securities is made, procured or occasioned by a
person connected with that corporation who is in possession of
relevant information concerning the securities;

(b)when relevant information concerning the securities is disclosed by a
person connected with that corporation, directly or indirectly, to
another person and the first-mentioned person knows or has
reasonable grounds for believing that the other person will make use
of the information for the purpose of dealing, or procuring another to
deal, in those securities.

(2) A dealing in the securities of a corporation is occasioned by a person
connected with that corporation for the purposes of subsection (1)(a) when a
person who has obtained relevant information in the circumstances described in
subsection (1)(b) actually makes use of that information for the purpose of dealing,
or procuring another to deal. in those securities.

141C. Culpability of insider dealing

(1) A person who enters into a transaction which is an insider dealing within
section 141 B(I)(a) is not culpable for the purposes of this Part

(a)if his sole purpose in entering into the transaction is the acquisition
of qualification shares required by him as a director or intending
director of any corporation; or

(b) if he enters into the transaction-

(i) in the bona fide performance of an underwriting agreement with
respect to the securities to which the transaction relates; or

(ii) in the bona fide exercise of his functions as a personal
representative, liquidator, receiver or trustee in bankruptcy.





(2) A corporation which enters into a transaction which is an insider dealing
within section 141 B(1)(a) is not culpable for the purposes of this Part if, although
relevant information concerning the securities is in the possession of a director or
employee of the corporation

(a)the decision to enter into the transaction was taken on its behalf by a
person other than that director or employee; and

(b)arrangements were then in existence for securing that the information
was not communicated to that person and that no advice with respect
to the transaction was given to him by a person in possession of the
information; and

(c)the information was not in fact so communicated and advice was not
in fact so given.

(3) A person who enters into a transaction which is an insider dealing within
section 141 B(I)(a) may be held not culpable for the purposes of this Part if his
purpose is not, or is not primarily, the making of a profit or the avoiding of a loss
(whether for himself or another) by the use of relevant information.

(4) A person who, as agent for another, enters into a transaction which is an
insider dealing within section 141B(I)(a) may be held not culpable for the purposes
of this Part if he did not select or advise on the selection of the securities to which
the transaction relates.

(5) In arriving at its determination under section 141H(3) as to the culpability of
a person in relation to an insider dealing within section 141 B, the Tribunal shall
have regard, as the case may be--

(a)to the fact that such person of his own initiative disclosed the dealing
to the Commission and, where the disclosure was made after the
dealing took place, to the promptness with which the disclosure was
made; or

(b)to the fact that such person did not of his own initiative disclose the
dealing to the Commission and to the reasonableness of any
explanation offered by, such person for the fact that the dealing was
not so disclosed.

(6) Subject to this section, the culpability of any person in relation to an insider
dealing within section 141B is a matter for the Tribunal to determine under section
141H(3).

(Amended 10 of 1989 s. 65)

141D. Definitions applicable to this Part

(1) For the purposes of this Part-

'related corporation' in relation to a corporation means a corporation which is

deemed by section 4 to be related to it;

'relevant information' in relation to securities means information which is not

generally available but, if it were, would be likely to bring about a material

change in the price of those securities.





(2) Without limiting the meaning of the phrase 'dealing in relation to securities'
in section 141B(1) and notwithstanding sections 2 and 3, a person deals in securities
for the purposes of this Part if (whether as principal or agent) he buys, sells,
exchanges or subscribes for, or agrees to buy, sell, exchange or subscribe for, any
securities or acquires or disposes of, or agrees to acquire to dispose of, the right to
buy, sell, exchange or subscribe for, any securities.

141E. Definition of person connected with a corporation

(1) A person is connected with a corporation for the purposes of section 141 B
if, being an individual

(a)he is a director or employee of that corporation or a related
corporation; or

(b)he is a substantial shareholder in the corporation or a related
corporation; or

(c)he occupies a position which may reasonably be expected to give
him access to relevant information concerning the securities of the
corporation by virtue of

(i)any professional or business relationship existing between
himself (or his employer or a corporation of which he is a
director or a firm of which he is a partner) and that corporation, a
related corporation or a substantial shareholder in either of such
corporations; or

(ii) his being a director, employee or partner of a substantial
shareholder in the corporation or a related corporation; or

(d)he has access to relevant information concerning the securities of the
corporation by virtue of his being connected (within the meaning in
paragraph (a), (b) or (c)) with another corporation being information
which relates to any transaction (actual or expected) involving both
those corporations or involving one of them and the securities of the
other; or

(e)he was at any time within the 6 months preceding any dealing in
relation to securities within the meaning of section 141B(1) a person
connected with the corporation within the meaning in paragraph (a),
(b), (c) or (d).

(2) A corporation is a person connected with a corporation for the purposes of
section 141 B so long as any of its directors or employees is a person connected
with that other corporation within the meaning in subsection (1).

(3) In subsection (1) 'substantial shareholder' in relation to a corporation
means a person who has an interest in securities comprised in the equity share
capital of that corporation being securities which

(a)have a nominal value equal to more than 10% of that share capital; or





(b)entitle the holder to exercise or control the exercise of more than 10%
of the voting power at any general meeting of that corporation.

141F. Possession of relevant information by public officers

(1) A public officer who in his capacity as such obtains relevant information
concerning the securities of a corporation shall be deemed to be a person
connected with that corporation for the purposes of section 141 B.

(2) In subsection (1) 'public officer' means a member or employee, whether
temporary or permanent or paid or unpaid, of any of the following

(a) the Government;

(b) the Executive Council;

(c) the Legislative Council;

(d) the Urban Council;

(e)any board, commission, committee or other body appointed by or on
behalf of the Governor or the Governor in Council; and

(f) any body corporate that is an organ or agency of the Crown.

Insider Dealing Tribunal

141G. Insider Dealing Tribunal established

(1) There is hereby established a Tribunal to be known as the Insider Dealing
Tribunal (in this Part referred to as 'the Tribunal').

(2) The Tribunal shall consist of a chairman and 2 other members all of whom
shall be appointed by the Governor.

(3) The chairman of the Tribunal shall be a judge of the Supreme Court and the
other 2 members shall not be public officers (within the meaning of that term in
section 3 of the Interpretation and General Clauses Ordinance (Cap. 1) ).

(4) A member of the Tribunal other than the chairman may be paid, as a fee for
his services, such amount as the Financial Secretary thinks fit, and that amount may
be paid out of the general revenue of Hong Kong without further appropriation
than this subsection.

(5) The provisions in Schedule 3 shall have effect in relation to the
appointment of members and temporary members of the Tribunal, and the
procedural and other matters concerning the Tribunal and its sittings for which
provision is made therein.

Inquiries by Tribunal

141H. Inquiries into insider dealings

(1) If it appears to the Financial Secretary, whether following representations
by the Commission or otherwise, that insider dealing in relation





to the securities of a corporation has taken place or may have taken place, he may in
accordance with this section require the Tribunal to inquire into the matter (in this
Part referred to as 'an inquiry').

(2) An inquiry shall be instituted by notice in writing from the Financial
Secretary to the chairman of the Tribunal containing such particulars as are
sufficient to define the terms of reference of the inquiry.

(3) The object of an inquiry shall be to determine, within the Tribunal's terms of
reference

(a)whether culpable insider dealing in relation to the securities of a
corporation has taken place; and

(b)the identity of the persons involved therein and the extent of their
culpability.

(4) In making a determination under subsection (3)(b), the Tribunal shall not be
limited to the identity and culpability of an immediate party to an insider dealing but
may, subject to section 141 C

(a) include any other person connected with the dealing;

(b)in the case of a body corporate, include the individuals who
exercised control in the management thereof.

141I. Report of Tribunal following inquiry

(1) Upon receipt of a notice under section 141H(2) the Tribunal shall conduct
an inquiry in accordance with the provisions of this Part and Schedule 3, and
prepare a written report thereon.

(2) No person shall publish any material received by the Tribunal for the
purposes of an inquiry and which comes to his knowledge by virtue of being so
received.

(3) Any person who contravenes subsection (2) commits an offence and is
liable on conviction on indictment to a fine of $10,000 and to imprisonment for 1
year.

(4) The Tribunal shall issue its report in the following manner

(a) by first furnishing a copy to the Financial Secretary; and

(b) thereafter, subject to subsection (5), by-

(i) causing the report to be published in such manner that copies
thereof are available to the public; and

(ii)furnishing a copy, so far as is reasonably practicable, to any
person whose conduct was directly in question in the inquiry.

(5) Where the Tribunal intends to cause a report to be published which
contains a finding that a person is not culpable in respect of a dealing which has
been the subject of an inquiry, the following provisions shall apply

(a)if that person has supplied to the Tribunal an address for service for
the purposes of this subsection, the Tribunal shall cause a





copy of the proposed report, so far as it relates to the dealing in
question, to be delivered to or left for him at that address;

(b)if within 7 days after such delivery the Tribunal has received notice
in writing that the person objects to being named in relation to the
dealing in question, the Tribunal shall not name the person in the
report in respect of that dealing;

(c)if the Tribunal has not, within the said 7 days, received notice in
accordance with paragraph (b), or if the person has not supplied an
address for service under paragraph (a), the Tribunal shall name the
person in the report in respect of the said dealing.

(6) No person shall be liable to any civil or criminal proceedings by reason of
the publication by him of a true and accurate account or a fair and accurate
summary of any report of the Tribunal which has been published under subsection
(4)(b).

Powers of Tribunal
141J.Application to Tribunal of Commissions
of Inquiry Ordinance

(1) Sections 4(1) (other than paragraphs (i), (j) and (ma) ), 5, 7, 8 (other than
subsections (1)(ca), (2)(d), (2)(e) and (3)) and 9 to 14 of the Commissions of
Inquiry Ordinance (Cap. 86) shall, subject to this Ordinance, apply for the purposes
of an inquiry as if

(a) the inquiry were an inquiry to which that Ordinance applies;

(b)references therein to a Commission, the Chairman and a
Commissioner were respectively references to the Tribunal, the
chairman and a member thereof,

(c)paragraph (h) of the said section 4(1) authorized payment to a
person appearing before the Tribunal of expenses as well as sums for
loss of time;

(d)the Tribunal were a Commission with full powers to deal with
contempts under the said section 9;

(e)all necessary changes were made to Form 2 in the Schedule of the
said Ordinance.

(2) The Tribunal may order that any document or article which comes into its
possession or the possession of the Commission for the purposes of an inquiry
shall be dealt with in such manner as the justice of the case requires. (Amended 10
of 1989 s. 65)

141K. Further powers of Tribunal to obtain information

(1) Where it appears to the Tribunal that it would assist the conduct of an
inquiry to do so, the Tribunal may in writing authorize the Commission to





exercise all or any of the powers set out in subsection (2) and to report to the
Tribunal the information so obtained which is relevant to the inquiry.

(2) The powers referred to in subsection (1) are--

(a)to inspect the books and documents of any person where the
Tribunal has reasonable grounds to believe or suspect that those
books or documents may contain information relevant to the inquiry;

(b)to make copies of and take extracts from books and documents
referred to in paragraph (a) and, subject to subsection (3), to take
possession of the same for such period (not exceeding 2 days) as is
necessary for the purpose of doing so;

(c)to require any person to give any explanation or particulars
concerning books and documents referred to in paragraph (a);

(d)in writing to require from any person information as to whether or
not there is at any premises any book or document which may
contain information relevant to the inquiry, and particulars as to such
premises, book or document;

(e)to require that any information or particulars furnished pursuant to
this section be verified by statutory declaration and to take any such
declaration.

(3) Where the Commission takes possession of any book or document under
subsection (2)(b) it shall permit a person who would be entitled to inspect it if it
were not in the possession of the Commission to inspect it, and to make copies and
take extracts, at all reasonable times.

(4) A person shall produce all books and documents in his custody or under
his control, the inspection whereof is sought by the Commission under the
authority of this section.

(5) Any person who is required under this section to disclose any information
or particulars or give any explanation shall comply with that requirement so far as
lies within his power to do so and shall, if requested, verify the information,
particulars or explanation by statutory declaration.

(6) A person commits an offence who

(a) contravenes subsection (4) or (5);

(b)in purported compliance with subsection (4) or (5), makes any
statement which he knows to be false or misleading or recklessly
makes any statement which is false or misleading in a material
particular;

(c)obstructs the Commission in the exercise of its powers under this
section;

(d)conceals, destroys, mutilates or alters any book or document which
contains information which is relevant to an inquiry or sends any
such book or document out of Hong Kong or causes the same to be
so sent,





and is liable on conviction to a fine of $5,000 and to imprisonment for 3 months.

(7) An offence specified in subsection (6) shall be deemed to be a contempt of
the Tribunal and the Tribunal may deal with any such offence in accordance with
the powers referred to in section 141J(1)(d) to deal with contempts committed
otherwise than in the presence of the Tribunal and may impose the punishments
provided for by the said subsection (6).

(8) It shall be a defence to a prosecution under subsection (6)(d) if the person
charged proves that he did not act with intent to defeat the discovery of a dealing in
relation to securities within section 141B(1) or to delay or obstruct the carrying out
of an inquiry.

(9) In this section 'books' includes banker's books.

(Amended 10 of 1989 s. 65)

141L. No privilege allowed except to legal advisers

(1) Except as provided in subsection (2), a person shall not be excused on
account of privilege from complying with any requirement under section 141K or, on
appearing before the Tribunal, from answering any question or disclosing any
information or particulars or producing any book or document.

(2) Nothing in this Part shall require the disclosure by a solicitor or counsel of
any privileged communication, whether oral or written, made to or by him in that
capacity, except as regards the name and address of his client.

(3) Nothing in subsection (1) shall be construed as affecting section 4 of the
Inland Revenue Ordinance (Cap. 112).

(Part XIIA added 8 of 1978 s. 8)

PART XIII

MISCELLANEOUS
PROVISIONS

142. Restriction on use of title 'underwriter', etc.

(1) (Repealed 58 of 1985 s. 25)

(2) A person who is not an underwriter shall not

(a) take or use the title 'underwriter'; or

(b)take or use, or have attached to or exhibited at any place, any title
that resembles the title 'underwriter' or so closely resembles that title
as to be calculated to deceive.

(3) Any person who contravenes subsection (2) shall be guilty of an offence
and shall be liable on conviction to a fine of $5,000. (Amended 58 of 1985s.25)

(4) (Repealed 58 of 1985 s. 25)





(5) A person who carries on a business as an insurance underwriter does not
contravene subsection (2) by reason only that he takes or uses the title
'underwriter' in circumstances that make it clear that he is not holding himself out
as being an underwriter within the meaning of section 2.

143. Investment advisory contracts

(1) No investment adviser or investment advisers' partnership shall enter into
an investment advisory contract with any person in Hong Kong (in this section
referred to as his client), or extend or renew any such contract, or in any way
perform any such investment advisory contract entered into, extended, or renewed
after the commencement of this section, if the contract- (Amended 58 of 1985 s. 26)

(a)provides for remuneration to be paid by the client to the investment
adviser or investment advisers' partnership on the basis of a share of
capital gains of the funds or any part of the funds of the client;
(Amended 58 of 1985 s. 26)

(b)does not include a provision to the effect that an assignment of the
contract by the investment adviser or investment advisers'
partnership shall be made only with the consent of the client; or
(Amended 58 of 1985 s. 26)

(c) does not include a provision-

(i) if entered into by an investment advisers' partnership, to the
effect that the partnership will notify the client of any change
in the partners thereof; or

(ii) if entered into by an investment adviser who is a corporation, to
the effect that the corporation will notify the client of any
change in the directors thereof,

within a reasonable time after the change. (Replaced 58 of 1985
s.26)

(2) Subsection (1)(a) does not-

(a)prohibit an investment advisory contract which provides for
remuneration based on the total value of a fund averaged over a
definite period, or on definite dates, or taken on a definite date; or

(b)apply to an investment advisory contract with the manager or other
representative of a unit trust or mutual fund corporation authorized
by the Commission for the purposes of this Ordinance, or a company
carrying on business as an investment company and registered
under the Companies Ordinance (Cap. 32), which contract provides
for remuneration based on the asset value of the trust, corporation,
or company under management averaged over a specified period and
increasing and decreasing proportionately in accordance with the
performance of the trust, corporation, or company over a specified
period in relation either to





(i) the investment record of an appropriate index of securities; or

(ii) such other measure of investment performance as the
Commission may specify in writing on the application of either
party to a contract or intended contract.

(3) For the purposes of subsection (1)(b) and (c), 'investment advisory
contract' means a contract or agreement whereby a person agrees to act as
investment adviser or to manage any investment or trading account of a client not
being a unit trust or mutual fund corporation authorized by the Commission for the
purposes of this Ordinance, or a company carrying on business as an investment
company and registered under the Companies Ordinance (Cap. 32).

(4) Any investment adviser who knowingly enters into any contract in
contravention of any of the provisions of subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $2,000.

(5) Any contract entered into in contravention of any of the provisions of
subsection (1) shall, notwithstanding anything in the contract, be voidable at the
option of the client.

144. Court may make certain orders

(1) Where, on the application of the Commission, it appears to the Court that a
person has contravened this Ordinance or any conditions of registration
thereunder, or is about to do an act with respect to dealing in securities that, if done,
would be such a contravention, the Court may, without prejudice to any orders it
would be entitled to make otherwise than pursuant to this section, make one or more
of the following orders- (Amended 10 of 1989 s.65)

(a)an order restraining a person from acquiring, disposing of, or
otherwise dealing with any securities specified in the order;

(b)in relation to a registered dealer or registered dealing partnership, an
order appointing a person to administer the property of the dealer or
the partnership; (Amended 58 of 1985 s. 27)

(c)an order declaring a contract relating to securities to be void or
voidable;

(d)for the purpose of securing compliance with any other order under
this section, an order directing a person to do or refrain from doing a
specified act; or

(e)any ancillary order which it considers necessary in consequence of
the making of an order under paragraphs (a) to (d).

(2) The Court shall, before making an order under subsection (1), satisfy itself,
so far as it can reasonably do so, that the order would not unfairly prejudice any
person.





(3) The Court may, before making an order under subsection (1), direct that
notice of the application be given to such persons as it thinks fit or direct that
notice of the application be published in such manner as it thinks fit, or both.

(4) The Court may reverse, vary, or discharge an order made by it under this
section or suspend the operation of such an order.

145. Miscellaneous offences

Any person who

(a)obstructs the Commission or any other public officer or any person in
the exercise or performance of any power, authority, duty, or function
under this Ordinance; or

(b)fails to produce any document that the Commission or a person
authorized by the Commission has, pursuant to any provision of this
Ordinance, required that person to produce for inspection by the
Commission or the person so authorized,

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and
to imprisonment for 3 months.

(Amended 10 of 1989 s. 65)

146. Regulations

(1) The Commission may make rules for all or any of the following matters-
(Amended 10 of 1989 s. 65)

(a)-(b) (Repealed 58 of 1985 s. 28)

(c)the class of persons in relation to whom, and the manner and
circumstances in which, registered dealers, registered dealing
partnerships and registered dealers' representatives may deal in
securities; (Amended 58 of 1985 s. 28)

(d)the class of persons in relation to whom, and the manner and
circumstances in which, registered investment advisers, registered
investment advisers' partnerships and registered investment
representatives may carry on business as investment advisers or as
investment representatives, as the case may be; (Amended 58 of
1985 s. 28)

(e)prescribing the amount of deposit required to be made for the
purposes of section 52, and providing for the application of deposits
under subsections (3) and (4) of that section;

(f)requiring registered dealers, registered dealing partnerships,
registered investment advisers and registered investment advisers'
partnerships to exhibit their certificates of registration at their

places of business;(Amended 58 of 1985 s. 28)





(g)prescribing the information to be notified for the purposes of section
63 (1)(b);

(h)-(j) (Repealed 58 of 1985 s. 28)

(k)prescribing the manner, time, or circumstances for retaining copies of
circulars for the purposes of section 79(6); (Amended 58 of 1985 s.
28)

(1)prescribing the particulars to be recorded in relation to accounts kept
under section 84;

(m)prescribing the particulars to be recorded in relation to the profit and
loss account and balance sheet and the information to be contained
in the auditor's report required to be lodged under section88;
(Replaced 62 of 1976 s. 34)

(n)prescribing any matters for giving better effect to section 65B and,
without derogation from the generality of the foregoing, may for that
purpose

(i) prescribe the returns to be made by registered dealers and
registered dealing partnerships, the information to be included
therein and the manner in which such information is to be
verified;

(ii) provide for the manner in which any assets are to be valued and
for the payment by any person of the costs of valuation; (iii)
provide for the manner in which records are to be kept of any
assets which may be taken into account for the purposes of
section 65B and the places at which such records are to be
maintained; and

(iv) make separate provision for different classes or categories of
registered dealer or registered dealing partnership; (Replaced
58 of 1985 s. 86)

(o) (Repealed 58 of 1985 s. 28)

(p) (Repealed 10 of 1989 s. 65)

(q)prescribing public offices for the purposes of section 122; (Amended
33 of 1988 s. 3)

(r)prescribing the procedure for the holding of investigations under
Part Xl, and providing for the reception of evidence, whether written
or oral, and for the summoning and examination of witnesses, during
the course of such an investigation;

(s)prescribing anything which is to be or may be prescribed by
regulations.

(2) Where rules are made by the Commission under subsection (1), the
Governor in Council may make regulations providing that a contravention of
specified provisions of the rules shall be an offence and may provide penalties
therefor not exceeding a fine of $2,000 and imprisonment for 3 months. (Replaced 10
of 1989 s. 65)





(3) Except as otherwise provided in this Ordinance, regulations made
under this section may be of general or special application.
(4) Regulations made under this section may provide that, subject to such
terms and conditions as may be prescribed thereby, the provisions of Parts VI
to IX, or such of them as are specified in the regulations-
(a)shall not have effect in relation to any specified person or to any
person who is a member of a specified class of persons-
(i) who is or may be a dealer or investment adviser by reason
only of his doing anything that is incidental to another
business;
(ii) who does not deal in securities for or on behalf of any other
person; or
(iii) who is a dealer or investment adviser by reason only of
his entering into any specified transaction or class of
transactions;
(b)shall not have effect in relation to a representative of any such
person, or a member of any such class of persons, as is referred to
in paragraph (a);
(e)shall have effect in relation to any such person or member, or a
representative of any such person or member, to such extent as is
prescribed; or
(d)shall not have effect in relation to a specified transaction or class
of transactions entered into by a specified person or class of
persons.

146A. Rules by the Commission

(1) The Commission may make rules for all or any of the following
matters-
(a)the conduct of business by registered dealers, registered
investment advisers, registered dealing partnerships, registered
investment advisers' partnerships, registered dealers' repre-
sentatives and registered investment representatives;
(b)matters incidental to the registration of dealers, investment
advisers, dealing partnerships, investment advisers' partnerships,
dealers' representatives and investment representatives under this
Ordinance;
(c)prescribing the particulars to be recorded in relation to registered
dealers, registered investment advisers, registered dealing
partnerships, registered investment advisers' partnerships,
registered dealers' representatives and registered investment
representatives under section 64;





(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. (Added58of1985s.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





Commission may institute proceedings in respect of any offence against this
Ordinance that is punishable on summary conviction.

(Amended 10 of 1989 s. 65)

149. Amendment of Schedules and
certain specified amounts

The Governor in Council may, by order published in the Gazette, amend(a)
Schedules 1 and 2; and

(b) any amount or sum specified in Part X.

150. (Repealed 10 of 1989 s. 65)

SCHEDULE 1 [ss. 72 & 149]

REQUIREMENTS To BE SATISFIED IN RELATION TO
OFFERS To ACQUIRE SECURITIES

1 . If the securities to be acquired are currently listed or quoted on the Unified Exchange or
a foreign stock exchange, the offer shall, subject to paragraph 2,- (Amended 58 of 1985 s. 87)

(a)state this fact and specify the exchange or exchanges on which the securities are
currently listed or quoted;

(b)specify the last recorded price paid in respect of the securities on the Unified
Exchange,or, in the case of a foreign stock exchange, listed or quoted, on the latest
practicable date during the period of 3 months immediately preceding the date of
the offer; (Replaced 62 of 1976 s. 35. Amended58of1985s.87)

(c)specify the last price paid in respect of the securities on the last trading day of each
of the 6 months immediately preceding the date of the offer;

(d)specify the highest and the lowest prices paid in respect of the securities during the
period of 6 months immediately preceding the date of the offer;

(e)where the offer has been the subject of a public announcement, whether in a
newspaper or in any other form of news medium or otherwise, specify the last price
paid in respect of the securities on the last trading day during the period of 3
months immediately preceding the public announcement, or, if the securities were
not dealt in during that period, this should be stated. (Amended 62 of 1976 s. 35)

2. If the securities proposed to be acquired are not listed or quoted on the Unified Exchange
or a foreign stock exchange, the offer shall contain- (Amended 58 of 1985 s. 87)

(a)any information that the offeror may have as to the number and nominal value of
those securities that have been sold in Hong Kong during the period of 6 months
immediately preceding the date of the offer and the prices yielded by those sales, or,
where the offeror has no such information, a statement to that effect; and

(b)particulars of any restriction in the constitution of the corporation which issued the
securities on the right to transfer the securities which has the effect of
requiring the offerees, before transferring securities held by them in the corporation,
to offer those securities for purchase to members of the corporation or to any other
person, and, where there is any such restriction, the arrangements (if any) being
made to enable the securities to be transferred in pursuance of the offer.

3. Where the securities proposed to be acquired are those of a corporation incorporated
outside Hong Kong and any holders of those securities reside in Hong Kong, and those securities
are listed or quoted on a stock exchange of the country or territory in which the corporation is
incorporated, the offer shall state this fact and specify the stock exchange on which they are
listed or quoted.

4. The offer shall contain, in a prominent position in printing not smaller than eight point






Times, a notice in the following form





'IMPORTANT

If you are in doubt as to any aspect of this offer, you should consult a stockbroker or
other registered dealer in securities, a bank manager, solicitor, professional accountant, or
other professional adviser.'.

SCHEDULE 2 [ss. 72 & 149]

REQUIREMENTS TO BE SATISFIED IN RELATION TO
OFFERS To DISPOSE OF SECURITIES

1 . If the securities offered are currently listed or quoted on the Unified Exchange or a
foreign stock exchange and will be uniform in all respects with the securities so currently listed
or quoted, the offer shall- (Amended 58 of 1985 s. 88)

(a)state that fact and specify the exchange on which those securities, or the securities
with which they will be uniform, are currently listed or quoted;

(b)specify the last recorded price paid in respect of the securities on the Unified
Exchange, or, in the case of a foreign stock exchange, listed or quoted, on the latest
practicable date during the period of 3 months immediately preceding the date of
the offer; (Replaced 62 of1976 s. 35. Amended58of1985s.88)

(C)Specify the last price paid in respect of the securities on the last trading day of each
of the 6 months immediately preceding the date of the offer;

(d)specify the highest and the lowest prices paid in respect of the securities during the
period of 6 months immediately preceding the date of the offer;

(e)where the offer has been the subject of a public announcement, whether, in a
newspaper or in any other form of news medium or otherwise, specify the last price
paid on the last trading day during the period of 3 months immediately preceding
the public announcement, or. if the securities were not dealt in during that period,
this should be stated. (Amended 62 of1976 s. 35)

2. Where the securities offered are those of a corporation incorporated outside Hong Kong
and

(a)are listed or quoted on a stock exchange in the country or territory where the
corporation was incorporated; or

(b)are yet to be issued but will be in all respects uniform with the securities already so
listed or quoted,

the offer shall specify that fact and the name of the stock exchange on which those securities,
or the securities with which they will be uniform, are so listed or quoted.

3. The offer shall, in the case of securities of a corporation which are not listed or quoted on
the Unified Exchange or a foreign stock exchange, or which are not uniform in all respects with
securities so listed or quoted,- (Amended 58 of 1985 s. 88)

(a)give particulars of any restriction in the corporation's constitution which has the
effect of requiring a holder of the corporation's securities to offer them for
purchase to members of the corporation or any other person before transferring
them in pursuance of the offer;

(b)except where the offer is accompanied by a document which conforms with Part II
or XII of the Companies Ordinance (Cap. 32) in relation to the corporation whose
securities are the subject of the offer, contain the particulars specified in paragraph
4 of this Schedule or be accompanied by a statement in writing containing those
particulars.

4. (1) The particulars referred to in paragraph 3(b) are as follows

(a) (i) the year in which, and the country or territory in which, the issuing corporation

was incorporated;

(ii) the address of its registered or principal office in Hong Kong; and





(iii) where the issuing corporation is incorporated outside Hong Kong, the address
of its registered or principal office in the country or territory in which it was
incorporated or is resident;

(b) (i) the authorized capital of the issuing corporation;

(ii) the amount of the authorized capital of the corporation that has been issued
and is outstanding at the date specified as being the close of the 5 financial
years of the corporation immediately preceding the date of the offer;

(iii) the classes of shares into which that capital is divided;

(iv) the rights of each class of shareholder in respect of capital, dividends and
voting; and

(v) the number and total nominal value respectively of shares issued for cash and
shares issued as fully or partly paid up for a consideration other than cash;

(c) (i) the number and total nominal value of shares issued since the close of the last
financial year of the issuing corporation;

(ii) the classes (if any) into which the shares are divided and the rights of each
class of shareholder in respect of capital, dividends and voting;

(iii) the number and total nominal value respectively of shares issued as fully or
partly paid up for cash or as fully or partly paid up for a consideration other
than cash, or both;

(iv) the number of redeemable preference shares (if any) redeemed and the
amounts repaid in respect of the shares so redeemed; and

(v) particulars of any reduction of capital lawfully authorized in respect of the
corporation;

(d) particulars of any reorganization of the capital of the issuing corporation during
each

of its 2 financial years preceding the date of the
offer;

(e) (i) the amount of the net profit or loss of the issuing corporation (before taking
into account any form of tax calculated by reference to the amount of profits
of the corporation);

(ii) the rate per cent of dividends paid by the issuing corporation and the amount
distributed by way of dividends on each class of shares during each of the 5
financial years immediately preceding the offer; and

(iii) where no dividend has been paid in respect of shares of any particular class
during any of those years, a statement to that effect;

the total amount of any debentures issued by the issuing corporation and
outstanding not more than 28 days before the date of the offer, and the total
amount of mortgage debts, loans, or charges due from the corporation not more
than 28 days before that date, together with the rate of interest payable in respect
of them;

(g) the names and addresses of the directors of the issuing corporation;

(h) the number, description, and nominal value of the securities of the issuing
corporation

held by or on behalf of each of its directors or, if a director does not hold any such
securities and no securities are held on his behalf, a statement to that effect; and







(i) whether or not the securities offered are, or, in the case of securities to be issued,
will

be, fully paid up, and, if not, to what extent they are or will be paid up, and, if the
issuing corporation has fixed a date and amount for payment of outstanding calls,
the date and amount of each such call.

(2) If any of the particulars required by subparagraph (1) are not available by reason of the
issuing corporation not having carried on business for a sufficient length of time, or for any
other reason, the offer shall state that fact; and if the issuing corporation is one incorporated in
Hong Kong in respect of which those particulars are not available in the returns of the
corporation filed with the Registrar of Companies, the offer shall also state that fact.

5. If the securities offered are yet to be issued, the offer shall-

(a) state

(i) whether or not the issue requires the authority of a resolution of the issuing
corporation;

(ii) the first dividend in which the securities will participate; and

(iii) whether or not there has been, to the knowledge of the offeror, any material
change in the financial position of the issuing corporation since the date of
the balance sheet and profit and loss account of the corporation for the
financial year preceding the date of the offer and, if so, particulars of the
change;





(b)be accompanied by copies of the balance sheet and profit and loss account of the
corporation (if any) made up to the end of the last financial year of the
corporation preceding the date of the offer;

(c)be accompanied by copies of the memorandum and articles of association or other
document constituting or defining the constitution of the issuing corporation unless
the offer specifies

(i) a place in Hong Kong at which copies of those documents may be inspected by
offerees; and

(ii) the times at which they may be inspected;

(d)in the case of securities which will be uniform in all respects with previously issued
securities of the issuing corporation that are not currently listed on the Unified
Exchange or a foreign stock exchange give any information that the offeror may
have as to the number and nominal value of those securities which have been sold
during the period of 6 months preceding the date of the offer, and the prices
yielded from the sales or, if the offeror has no such information, state that fact;
(Amended 58 of 1985 s.88)

(e)in the case of securities which will not be uniform in all respects with securities
previously issued by the issuing corporation, state

(i) the respects in which the securities will differ from the previously issued
securities;

(ii) whether or not any voting rights will attach to the securities and, if so, the
limitations (if any) on those rights; and

(iii) whether or not application for permission to have the securities listed or
quoted has been or will be made to the Unified Exchange or a foreign stock
exchange and, if such an application has been made, the name of the exchange
applied to. (Amended 58 of 1985 s. 88)

6. The offer shall contain in a prominent position, in printing not smaller than eight point
Times, a notice in the following form- (Amended L.N. 56 of 1974)

'IMPORTANT

If you are in doubt as to any aspect of this offer, you should consult a stockbroker or
other registered dealer in securities, a bank manager, solicitor, professional accountant, or
other professional adviser.'.

SCHEDULE 3 [ss. 14 1 G&
141I]

INSIDER DEALING
TRIBUNAL

1. In this Schedule, unless the context otherwise requires'chairman' means the chairman of
the Tribunal; 'inquiry' means an inquiry under section 141 H; 'member' means a member of the
Tribunal; 'Tribunal' means the Tribunal established by section 141G.

Appointment of members

2. Subject to paragraphs 4 and 5, the chairman shall be appointed for a term of 3 years but
may from time to time, so long as he remains qualified under section 141G(3), be reappointed.

3. The other 2 members shall be appointed to act in relation to any specified inquiry or
inquiries and any such member may be so appointed more than once.





4. A member may at any time resign his office by notice in writing to the Governor.

5. The chairman shall vacate his office if at any time he ceases to hold office as a judge of
the Supreme Court.

6. A member other than the chairman may be removed from office by the Governor for
disability, bankruptcy, neglect of duty or misconduct proved to the satisfaction of the Governor.

7. If an inquiry has been commenced by the Tribunal but not completed before the expiry of
the chairman's term of office or before the resignation from or vacation of office by a member
takes effect, the Governor may authorize the chairman or member to continue as chairman or a
member of the Tribunal for the purpose of completing that inquiry.

8. An inquiry may be continued, notwithstanding any change in the membership of the
Tribunal, as if the change had not occurred; and in particular evidence taken by the Tribunal need
not be taken again on account of the change.

Temporary members

9. The Governor may appoint a temporary member of the Tribunal to act in place of any
member who is precluded by illness, absence from Hong Kong or any other cause from exercising
his functions or who considers it improper or undesirable that he should exercise his functions in
relation to any specified matter.

10. A temporary member who is appointed to act in place of the chairman shall be a person
who holds office as a judge of the Supreme Court and a temporary member who is appointed to
act for an ordinary member shall not be a person who would be disqualified under section
141G(3) from appointment as a member.

11. A temporary member who acts in place of the chairman or other member shall be
deemed for all purposes to be the chairman or other member of the Tribunal as the case may be.

Sittings and representation

12. The chairman shall convene such sittings of the Tribunal as he thinks necessary for the
efficient performance of its functions.

13. The chairman shall preside at all sittings of the Tribunal and no sitting shall be held
unless the other 2 members are also present.

14. Every question before the Tribunal shall be determined by the opinion of the majority
of the members except a question of law which shall be determined by the chairman.

15. Every sitting of the Tribunal shall be held in camera and, subject to paragraph 16, the
Tribunal shall determine which persons may be present.

16. A person whose conduct is the subject of an inquiry or who is implicated, or concerned
in the subject matter of an inquiry shall he entitled to be present in person at any sitting of the
Tribunal relating to that inquiry and to be represented by a barrister or solicitor.

17. For the purposes of paragraph 16 the Tribunal shall determine whether the conduct of
any person is the subject of the inquiry or whether a person is in any way implicated or
concerned in the subject matter of the inquiry.

18. The Tribunal may appoint a legal officer nominated by the Attorney General, a
barrister or a solicitor to act as counsel for the Tribunal.

19. In paragraph 16 'sitting' does not include any meeting of the Tribunal which is held for
the purpose of deliberating on any question before the Tribunal.

(Schedule 3 added 8 of 1978 s.
9)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3254

Edition

1964

Volume

v21

Subsequent Cap No.

333

Number of Pages

108
]]>
Tue, 23 Aug 2011 18:32:33 +0800
<![CDATA[TRADE UNIONS REGISTRATION REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3253

Title

TRADE UNIONS REGISTRATION REGULATIONS

Description






TRADE UNION REGISTRATION REGULATIONS.

ARRANGEMENT OF REGULATIONS.

Regulation. Page.

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

2. Contents of the register ... ... ... ... ... ... ... ... ... ... ... A 2

3. Inspection of register ... ... ... ... ... ... ... ... ... ... ... A 2

4. Inspection of accounts, etc. of registered trade unions ... ... ... ... A2

5. Provisions as to submission for registration of rules on application for registration of
trade union ... ... ... ... ... ... ... ... ... ... A 2

6. Documents to be issued on registration of a trade union ... ... ... ... A 3

7. Use of name ... ... ... ... ... ... ... ... ... ... ... ... ... A 3

8. Application for registration of change of name to be accompanied by certificate of
registration ... ... ... ... ... ... ... ... ... ... A 3

9. Procedure on registration of change of name ... ... ... ... ... ... A 3

10. Provisions as to submission for registration of wholly new rules or altered, amended
or added rules ... ... ... ... ... ... ... ... ... ... A 3

11. Procedure on registration of amalgamation of trade unions, etc . ... ... A 4

12. Loss, etc. of certificate ... ... ... ... ... ... ... ... ... ... ... A 4

13. Certificate of registration to be returned on cancellation of registration ... A 4

14. Accounts of trade union to include accounts of any branch, etc. thereof .. A 4

15. Access to books for purposes of audit ... ... ... ... ... ... ... ... A 4

16. Audit of annual statement of account ... ... ... ... ... ... ... ... A 5

17. Offences and penalty ... ... ... ... ... ... ... ... ... ... ... ... A 5





TRADE UNION REGISTRATION REGULATIONS.

(Cap. 332, section 59).

[I st April, 1962.]

1. These regulations may be cited as the Trade Union Registration
Regulations.

2. (1) The following particulars regarding any trade union or trade
union federation shall be recorded by or at the direction of the Registrar
in the register

(a)the name and the date of registration of the trade union or trade
union federation and its rules;

(b) the address of the head office;

(c)the amalgamation of the trade union or trade union federation,
as the case may be, with any other trade union or trade union
federation;

(d) the dissolution of the trade union or trade union federation;

(e)the cancellation of the registration of the trade union or trade
union federation; and

(f) any change in-

(i) the name;

(ii) the rules; or

(iii) the address of the registered office, of the trade union or
trade union federation.

(2) Every entry in the register and any amendment thereto shall be
signed or initialled by the Registrar or the Deputy Registrar of Trade
Unions.

3. The register may, on application in writing to the Registrar, be
inspected, free of charge, at the Registry of Trade Unions during office
hours, by any member of the public.

4. Any member of a registered trade union may, on application in
writing to the Registrar, inspect free of charge, at the Registry of Trade
Unions during office hours, any documents, being document required by
law to be filed with the Registrar, relating to such registered trade union
or to any registered trade union federation to which such registered trade
union is a party.

5. Where rules are sent to the Registrar for registration by a trade
union or trade union federation that has applied for registration under
the Ordinance

(a) two copies of the rules shall be sent; and

(b)in the case of a trade union, both copies of the same shall be
signed by each of the persons who has signed the





application for registration of the trade union or, if, by reason
of death or illness or any other good cause, any such person
is unable or ineligible to sign such copies, by some other
voting member of such trade union; or

(c)in the case of a trade union federation, both copies of the
same shall be signed by the chairman and one other officer of
each of the registered trade unions comprised therein.

6. Upon the registration of a trade union or a trade union
federation, the Registrar shall issue to the trade union or the trade union
federation, as the case may be, the following documents

(a) a copy of the Ordinance and of these regulations;

(b) a certificate of registration; and

(c)a copy of the rules of the trade union or trade union federation
certified by the Registrar as complying, in his opinion, with the
provisions of section 19 of the Ordinance.

7. No registered trade union or registered trade union federation
shall display or otherwise in any manner make use of any name
purporting to be the name of the trade union or of the federation except
the name under which such trade union or such trade union federation
is for the time being registered.

8. Where, in accordance with section 23 of the Ordinance,
application is made to the Registrar for the registration of a change of
the name of any registered trade union or registered trade union
federation, the certificate of registration issued in respect of such trade
union or trade union federation shall be sent to the Registrar at the same
time as such application is made.

9. Where, under section 23 of the Ordinance, the Registrar registers
a change of the name of any registered trade union or registered trade
union federation, he shall

(a)amend, accordingly, the certificate of registration issued by
him in respect of the trade union or trade union federation, and
return such certificate to the trade union or trade union
federation; or

(b) if he thinks fit, issue a new certificate of registration.

10. (1) Where wholly new rules are sent to the Registrar for
registration by a registered trade union

(a) two copies of the rules shall be sent;

(b)an application for the registration thereof shall be made in the
prescribed form and shall be signed by the chairman and one
other officer of such trade union; and

(c)both copies of such rules shall be signed by not less than
seven voting members of the trade union.





(2) Where an alteration to or amendment of a registered rule, or an
addition to the registered rules, of a registered trade union is sent to the
Registrar for registration by a registered trade union

(a)an application for the registration of the amended or altered
rule or the rule so added shall be made in the prescribed form
and shall be signed by the chairman and one other officer of
the trade union; and

(b)there shall be sent to the Registrar at the same time as such
application for registration

(i) one copy of the registered rules marked so as to indicate
the alteration, amendment or addition, as the case may be;
and

(ii) one copy of the text of the amendment, alteration or
addition, as the case may be, which shall be signed by not less
than seven voting members of the trade union.

11. Where, under section 6 of the Ordinance, the Registrar registers
a trade union or trade union federation formed by the amalgamation of
two or more trade unions or trade union federations, as the case may be,
he shall issue

(a)one certificate of registration in the name under which such
trade unions or trade union federations are amalgamated; and

(b)a copy of the rules of the trade union or trade union federation
certified by him as complying, in his opinion, with the
provisions of section 18 of the Ordinance.

12. If the Registrar is satisfied that a certificate of registration has
been lost, destroyed or defaced, he may issue, free of charge, a
duplicate thereof.

13. Where the registration of a registered trade union or a registered
trade union federation is cancelled, the person for the time being having
custody of the certificate of registration of the trade union or trade union
federation shall, within fourteen days of the publication in the Gazette,
in accordance with section 66 of the Ordinance, of a notice of the fact
that the registration has been cancelled, return such certificate to the
Registrar.

14. Every registered trade union shall include in its statement of
account the accounts of any branch of the trade union and of every
business or charitable, cultural, educational or medical undertaking that
is operated by or in the name of the trade union.

15. (1) Every auditor approved by the Registrar for the purpose of
auditing the annual statement of account, required by section 36 of the
Ordinance, of a trade union or trade union federation shall be granted
access by every person having the





custody or control of any of the books and accounts of the trade
union or trade union federation to all of such books and accounts
in his custody or control.

(2) No person shall conceal any book or account of a registered
trade union or registered trade union federation from any such
auditor or deny any such auditor access to any such book or account
or obstruct any such auditor in any examination thereof.

16. Every auditor approved by the Registrar for the purpose
of auditing the annual statement of account, required by section 36
of the Ordinance, of a registered trade union or registered trade
union federation shall examine every balance sheet and every state-
ment of receipts and expenditure of the trade union or trade union
federation relevant to the period under audit and shall verify them
against all accounts or vouchers relating thereto, and shall-

(a)if such be the case, sign the annual statement of account
as exhibiting a true and correct view of the affairs of the
trade union or trade union federation; or

(b)report in writing to the Registrar in what respect he finds
such statement of account to be incorrect, unsupported by
vouchers or not in accordance with any requirement of
the Ordinance or any regulations made thereunder or any
rules of the trade union or trade union federation, as the
case may be.

17. (1) Any person who contravenes regulation 13 shall be
guilty of an offence and shall be liable to a fine of two hundred and
fifty dollars, and shall be liable in addition to a fine of ten dollars
for each day during which it is proved to the satisfaction of the
court that the offence has continued.

(2) Any person who contravenes paragraph (2) of regulation
15 shall be guilty of an offence and shall be liable to a fine of five
hundred dollars.

(3) Any trade union or trade union federation that contravenes
regulation 7 shall be guilty of an offence and shall be liable on
summary conviction to a fine of two hundred and fifty dollars.

(4) Any trade union that contravenes regulation 14 shall be
guilty of an offence and shall be liable on summary conviction to a
fine of two hundred and fifty dollars.
G.N.A. 152/61. L.N. 44/71. Citation. Contents of the register. Inspection of register. Inspection of accounts, etc. of registered trade unions. Provisions as to submission for registration of rules on application for registration of trade union. L.N. 44/71. Documents to be issued on registration of a trade union. Use of name. Application for registration of change of name to be accompanied by certificate of registration. Procedure on registration of change of name. Provisions as to submission for registration of wholly new rules or altered, amended or added rules. L.N. 44/71. Procedure on registration of amalgamation of trade unions, etc. Loss, etc. of certificate. Certificate of registration to be returned on cancellation of registration. Accounts of trade union to include accounts of any branch, etc., thereof. L.N. 44/71. Access to books for purposes of audit. Audit of annual statement of account. Offences and penalty. L.N. 44/71.

Abstract

G.N.A. 152/61. L.N. 44/71. Citation. Contents of the register. Inspection of register. Inspection of accounts, etc. of registered trade unions. Provisions as to submission for registration of rules on application for registration of trade union. L.N. 44/71. Documents to be issued on registration of a trade union. Use of name. Application for registration of change of name to be accompanied by certificate of registration. Procedure on registration of change of name. Provisions as to submission for registration of wholly new rules or altered, amended or added rules. L.N. 44/71. Procedure on registration of amalgamation of trade unions, etc. Loss, etc. of certificate. Certificate of registration to be returned on cancellation of registration. Accounts of trade union to include accounts of any branch, etc., thereof. L.N. 44/71. Access to books for purposes of audit. Audit of annual statement of account. Offences and penalty. L.N. 44/71.

Identifier

https://oelawhk.lib.hku.hk/items/show/3253

Edition

1964

Volume

v21

Subsequent Cap No.

332

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:32:33 +0800
<![CDATA[TRADE UNIONS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3252

Title

TRADE UNIONS ORDINANCE

Description






LAWS OF HONG KONG

TRADE UNIONS ORDINANCE

CHAPTER 332





CHAPTER 332

TRADE UNIONS ORDINANCE

ARRANGEMENT OF SECTIONS

Section...................................... Page
PART I
PRELIMINARY
1. Short title ............................5
2. Interpretation .........................5
PART II
APPOINTMENTS
3. Appointment of Registrar, etc . ........7
PART III
REGISTRATION
4. Register of trade unions ...............7
5. Trade unions to be registered, etc . ...8
6. Registration ...........................8
7. Refusal of registration ................9
8. Appeals against refusal of Registrar to register trade union 9
9. Effect of application to register .....10
10. Cancellation of registration ..........10
11. Notice of cancellation ................11
12. Appeals in relation to cancellation by Registrar of registration of trade union 11
13. Effect of registration ................12
14. Effect of cancellation of registration 12
15. Power of liquidator and Registrar in winding up of affairs of a trade union 13
16. Closure of liquidation on appointment of liquidator by Registrar 14

PART IV

CONSTITUTION

17. Officers and members of trade unions ..15
17A.Powers of Registrar in respect of union elections and membership 16

18. Rules ...... ......................................................... 17

19. Copies of rules .......................19

20. Registered.........................office ..................................................................................
.............19
19





Section.................................... Page
20A. Seal ................................19

21. Branches and various undertakings of trade unions to be reported to the

Registrar ...........................20
22. Notification of officers, etc . .....20
23. Change of name ......................21
24. Consent of Registrar required to amalgamation of trade unions 22
25. Application for consent to amalgamation 22
26. Vote on application for consent to amalgamation 22
27. Grounds for refusal to consent to amalgamation and procedure in such cases 22
28. Application for consent to be referred to Governor in certain cases 23

29.Notice in writing to be given of consent to amalgamation, and saving of
powers of Registrar in relation to registration of trade union formed by

amalgamation ........................23
30. Procedure for amalgamation, etc . ...24
31. Transfer of liabilities, etc. to trade union formed by amalgamation 24
32. Notification of dissolution .........24
PART V
FUNDS, ACCOUNTS AND RETURNS
33. Application of funds ................25
33A................................Electoral fund 26
33B........................Electoral expenses resolution 26
34. Use of funds for political purposes .27
35. Treasurer to render accounts to members 27
36. Annual statement of account and returns to be rendered to Registrar 28
37. Inspection of accounts ..............28

38. Power to require detailed accounts
....................................................... 29

PART VI
RIGHTS AND LIABILITIES OF TRADE UNIONS
39. Disabilities of unregistered union ..29
40. Registered trade union not criminal .29
41. Registered trade union not unlawful for civil purposes 29

42. Immunity from civil suit in certain cases
....................................................... 29

43. Prohibition of actions in tort against registered trade unions 30
44. Trade union contracts ...............30
45. Affiliation outside Hong Kong .......31





Section.................................... Page
PART VII
PICKETING, INTIMIDATION AND CONSPIRACY
46. Peaceful picketing ...................31
47. Intimidation and annoyance ...........31
48. Conspiracy in relation to trade disputes 32

PART VIII
MISCELLANEOUS OFFENCES RELATING TO REGISTERED TRADE UNIONS
49....Punishment for withholding money or property of a registered trade union 32
50....................Circulating false copies of rules, etc . 33
51...................................(Repealed) 34
52.............................Contravention of rules 34

PART IX
TRADE UNION FEDERATIONS
53.....................Application to trade union federations 34
54....Provisions as to application for registration of trade union federation 34
55. Trade union federation not to be registered unless component trade unions
registered ...........................35
56...............Additions to membership of trade union federations 35
57......................Officers of trade union federations 36

PART X
FORMS AND REGULATIONS
58.....................Forms and offences in relation thereto 36
59..................................Regulations 37

PART XI
MISCELLANEOUS
60..............................Delegation of powers 38
61......Liability of officers thereof where offence committed by trade union 38
62..................Limit of time for complaints or information 38
63............Service of legal process and notices issued by Registrar 38





Section.................................... Page

64. Procedure, etc. upon appeal under Ordinance to High Court and Count of

Appeal ..............................39
65. Ordinance not to affect certain agreements 39
66. Notification in the Gazette .........39

67. Provisions of certain Ordinances not to apply to trade unions or trade union

federations ........................40

68. Result of registration
........................................................... 40

Schedule 1 . .............................40
Schedule 2. Matters for which provision must be made in the rules of every registered

trade....union
................................................................................ 41





CHAPTER 332

TRADE UNIONS

To make provision for the registration and better control of trade unions, and
matters ancillary thereto.

[1 April 1962] G.N.A. 14 of 1962

Originally 52 of 1961 - L.N. 176 of 1970,15 of 1971, R. Ed. 1971, 72 of 1973,18 of 1977, L.N. 20 of 1979, 47 of 1988

PART I

PRELIMINARY

1. Short title

This Ordinance may be cited as the Unions Ordinance.

(Amended 15 of 1971 s. 2)

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'branch' means any number of members of a trade union who have in accordance
with the constitution of the trade union appointed their own management
committee but who are under the control of the executive committee of such
trade union and are bound by the constitution of the trade union to contribute
to its funds; (Added 15 of 1971 s. 3)

'electoral fund' means a fund established under section 33A; (Added 47 of 1988 s. 2)

'employee' means any person who has entered into or works under, or, in the case
of a contract which has been terminated, worked under, a contract with an
employer, whether the contract is by way of manual labour, clerical work or
otherwise, is express or implied, oral or in writing, and whether it is a contract
of service or apprenticeship or a contract personally to execute any work or
labour; (Replaced 15 of 1971 s. 3)

'executive' means the body to which the management of the affairs of a trade union
or a branch of a trade union or a trade union federation, as the case may be, is
entrusted by the members and also means any person for the time being
carrying out the functions of a president, chairman, vicechairman, secretary or
treasurer thereof,





'funds', in relation to a trade union or a branch of a trade union, or a trade union
federation, includes money, whether in an electoral or welfare fund or not, and
all other property or assets, whether real or personal, held, collected received
or controlled by or on behalf of the trade union or the branch of the trade
union or the trade union federation, as the case may be; (Amended 47 of 1988 s.
2)

'injury', for the purposes of Part VII, includes injury to a person in respect of his
business, occupation, employment or other source of income, and includes any
actionable wrong;

'intimidation', for the purposes of Part VII, means to cause in the mind of a person
a reasonable apprehension of injury to himself or to any member of his family
or to any of his dependants or of violence or damage to any person or
property;

'lock-out' means the closing of a place of employment, or the suspension of work,
or the refusal by an employer to continue to employ any number of persons
employed by him in consequence of a dispute, done with a view to compelling
those persons, or to aiding another employer in compelling persons employed
by him, to accept terms or conditions of or affecting employment;

'officer', in relation to a trade union or a branch of a trade union or a trade union
federation, includes any member of the executive thereof, but does not include
an auditor;

'paid staff ' in relation to a trade union or a branch of a trade union or a trade union
federation, means a clerk or other person appointed by, and acting under the
instructions of, the executive thereof and paid from the funds of the trade
union or the branch of the trade union or the trade union federation, as the
case may be; (Added 18 of 1977 s. 2)

'register' means the register of trade unions to be maintained by the Registrar in
accordance with section 4;

'registered' means registered under this Ordinance;

'registered office', in relation to a trade union or a branch of a trade union or a
trade union federation, means the office, if any, which is registered under this
Ordinance as the head office thereof,

'Registrar' means the Registrar of Trade Unions appointed under section 3;

'strike' means the cessation of work by a body of persons employed acting in
combination, or a concerted refusal, or a refusal under a common
understanding, of any number of persons employed, to continue to work for an
employer in consequence of a dispute, done as a means of compelling their
employer or the employer of any other person or body of persons, or any
person or body of persons employed, to accept or not to accept terms or
conditions of or affecting employment;

'strike benefit' means any financial or other benefit given by a trade union to any
member of the trade union in consideration of a strike or lock-out;





'trade dispute' means any dispute or difference between employers and employees,
or between employees and employees, connected with the employment or non-
employment, or the terms of employment, or with the conditions of or affecting
employment, of any person; (Amended 15 of 1971 s. 3)

'trade union' means any combination the principal objects of which are under its
constitution the regulating of relations between employees and employers, or
between employees and employees, or between employers and employers,
whether such combination would or would not, if this Ordinance had not been
enacted, have been deemed to have been an unlawful combination by reason
of some one or more of its purposes being in restraint of trade; (Amended 15 of
1971 s. 3)

'trade union federation' means a trade union which is wholly an association or
combination of other registered trade unions;

,,voting member' means any member of a registered trade union entitled to vote for
any purposes under the rules of the trade union;

'welfare fund' means trade union funds allocated or set apart for payment to
members or the families of members of the trade union of any assurance or
benefit, other than strike benefit, or for the provision for such members or such
families of educational, recreational or medical facilities.

PART II

APPOINTMENTS

3. Appointment of Registrar, etc.

The Governor shall appoint such person as he may think fit to be Registrar

of Trade Unions and may appoint a deputy registrar, assistant registrars and such
other officers as may from time to time appear to him necessary for carrying out the
purposes of this Ordinance.

PART III

REGISTRATION

4. Register of trade unions

(1) The Registrar shall keep a register in which shall be recorded such

particulars relating to trade unions and trade union federations as may be
prescribed by regulations. (2) A copy of an entry in the register certified under the
hand of the

Registrar shall, until the contrary is shown, be received in evidence as proof of the
facts specified therein as at the date of such certified copy.





5. Trade unions to be registered, etc.

(1) Every trade union shall be registered under this Ordinance.

(2) An application for the registration of a trade union shall be made to the.
Registrar in the prescribed form within 30 days of the establishment thereof.

(3) Every such application shall be signed by not less than 7 voting members
of the trade union, any of whom may be officers thereof. (Amended 15 of 1971 s. 4)

(4) Upon receipt of any such application in the prescribed form, the Registrar
shall issue to the trade union a certificate in the prescribed form acknowledging
receipt of such application, and every such certificate or a copy thereof certified
under the hand of the Registrar shall, until the contrary is proved, be received in
evidence as proof of the facts specified therein.

(5) Any person who is an officer, or who acts as an officer, or who takes any
part in the management or administration, of a trade union that is not registered
under this Ordinance shall be guilty of an offence and shall be liable on summary
conviction to a fine of $1,000 and to imprisonment for 6 months:

Provided that this subsection shall not apply to any person who is an officer,
or who acts as an officer, or who takes any part in the management or
administration, of any such trade union so long as

(a)an application for the registration of the trade union has been made
in accordance with this section and the Registrar has not refused to
register such trade union; and

(b)the only acts performed by such person, and the only acts performed
by or on behalf of the trade union, are acts for the purposes of, or in
connection with, its establishment and its registration under this
Ordinance.

6. Registration

(1) Whenever he has registered a trade union, the Registrar shall issue to the
trade union a certificate of registration in the prescribed form, and such certificate,
or a copy thereof certified under his hand shall, unless proved to have been
cancelled, be conclusive evidence for all purposes that such trade union has been
duly registered under this Ordinance. (Amended 15 of 1971 s. 5)

Provided that if any of the purposes of such trade union be unlawful such
registration shall be void.

(2) The Registrar may, before registering a trade union, direct that the
applicants shall produce any documents or provide any such particulars concerning
such trade union as he may require in order to satisfy himself that such trade union
is entitled to registration under this Ordinance.





7. Refusal of registration

(1) The Registrar may in his discretion refuse to register a trade union if

(a)any of the provisions of this Ordinance or the regulations have not
been complied with; or

(b) any of the purposes of such trade union is unlawful; or

(e)the name under which it is proposed to register the trade union is
identical with that by which any other trade union, whether existing
or having ceased to exist, has been registered, or so nearly resembles
such name as to be likely to deceive the public or the members of
such trade union or of any other existing trade union; or

(d)he is of the opinion that the trade union applying for registration is
substantially a trade union the certificate of registration of which has
been cancelled under section 10(1); but the Registrar shall not refuse
registration solely on the ground that the membership of the trade
union applying for registration includes members of the trade union
the certificate of registration of which has been cancelled. (Added 15
of 1971 s. 6)

(2) Where the Registrar refuses to register a trade union, he shall forthwith
serve upon the applicants for registration thereof a notice in writing to that effect
and shall specify therein the ground for his refusal.

8. Appeals against refusal of Registrar

to register trade union

Where the Registrar refuses to register a trade union, any of the applicants for
the registration thereof who considers that the refusal of the Registrar to register
the trade union on the ground specified in the notice of refusal to register was
wrong in that, as the case may be

(a)the provisions of this Ordinance and the regulations had been
complied with;

(b) the purposes of the trade union were not unlawful;

(c)the name under which registration of the trade union was sought was
not such a name as is specified in section 7(1)(c);

(d)the trade union was not such a trade union as is specified in section
7(1)(d), (Added 15 of 1971 s. 7)

may, within 28 days after the service of such notice, appeal to the High Court, which
may, if it finds that the refusal of the Registrar to register the trade union was wrong
as aforesaid, so declare and thereupon the Registrar shall register the trade union,
but, save as hereinbefore provided, the appeal shall be dismissed.

(Amended 15 of 1971 s. 7)





9. Effect of application to register

(1) The provisions of this Ordinance, other than the provisions of section 45,
shall apply to a trade union in respect of which application for registration has been
made in accordance with section 5 in like manner as if the trade union had been duly
registered:

Provided that, upon service by the Registrar upon any of the applicants for
registration of a notice of refusal to register, the provisions of this Ordinance shall
cease so to apply to the trade union.

(2) A trade union in respect of which application for registration has been made
in accordance with section 5 shall, for the purposes of the Societies Ordinance (Cap.
151), be deemed to have been duly registered under this Ordinance:

Provided that, upon service by the Registrar upon any of the applicants for
registration of a notice of refusal to register, the trade union shall cease to be
deemed to have been so registered.

10. Cancellation of registration

(1) The registration of a trade union shall not be cancelled otherwise than by
order of the Registrar and in the following cases

(a) at the request of the trade union, to be verified in such manner as

the Registrar may require; or

(b) where

(i)the certificate of registration of the trade union has been
obtained by fraud or mistake; or

(ii)the registration of the trade union has become void under the
proviso to section 6(1); or

(iii) the trade union is being used, or has at any time since
registration been used, for any unlawful purpose or for any
purpose inconsistent with its objects or rules; or

(iv) the trade union has wilfully and after notice in writing from the
Registrar contravened this Ordinance, or has allowed any rule
which is inconsistent with this Ordinance to continue in force,
or has rescinded any rule providing for any matter for which
provision is required by section 18; or

(v)the funds of the trade union have been expended in an unlawful
manner or for an unlawful purpose or for any purpose not
authorized by the rules of the trade union; or

(vi)any funds of the trade union that have been utilized for any
purpose connected with the trade union, or any members
thereof, have wilfully and after notice in writing from the
Registrar requiring the same to be entered in the accounts of
such trade union been omitted from the accounts thereof, or

(vii) the trade union has ceased to exist.





(2) Where an appeal has been duly brought under section 12(1), the Registrar
shall not cancel the registration of the trade union before the appeal has been
determined.

11. Notice of cancellation

Before cancelling the registration of a registered trade union, the Registrar
shall give to the trade union not less than 2 months' previous notice in writing
specifying the ground upon which he intends to cancel its registration:

Provided that no such notice shall be required-

(a) where the trade union has ceased to exist; or

(b) where cancellation is at the request of the trade union.

12.Appeals in relation to cancellation by Registrar
of registration of trade union

(1) Any voting member of a trade union that has received from the Registrar
notice in writing of his intention to cancel its registration who considers that the
Registrar is not entitled to cancel its registration on the ground specified in the
notice in that, as the case may be

(a)the certificate of registration of the trade union was not obtained by
fraud or mistake;

(b)the registration of the trade union has not become void under the
proviso to section 6(1);

(c)the trade union was not being used, nor has at any time since its
registration been used, for any unlawful purpose or for any purpose
inconsistent with its objects or rules;

(d)the trade union has not wilfully and after notice in writing from the
Registrar contravened this Ordinance nor allowed any rule which is
inconsistent with this Ordinance to continue in force nor rescinded
any rule providing for any matter for which provision is required by
section 18;

(e)the funds of the trade union have not been expended in any way
specified in section 10(1)(b)(v);

(f)any such funds as are specified in section 10(1)(b)(vi) have not
wilfully and after notice in writing from the Registrar requiring the
same to be entered in the accounts of the trade union been omitted
from such accounts,

may, within 28 days after the service of such notice upon the trade union, appeal to
the High Court, which may, if it finds that the Registrar is not entitled as aforesaid to
cancel the registration of the trade union, so declare, but, save as hereinbefore
provided, the appeal shall be dismissed. (Amended 15 of 1971 s. 8)





(2) Any voting member of a trade union the registration of which has been
cancelled who considers that the cancellation of its registration was wrong in that,
as the case may be

(a)notice was not given by the Registrar in accordance with section 11;

(b) the trade union had not requested cancellation of its registration;

(c) the trade union had not ceased to exist, may, within 14 days after the
cancellation of its registration, appeal to the High Court, which may, if it finds that
the cancellation of the registration of the trade union was wrong as aforesaid, so
declare and thereupon the Registrar shall restore the registration of the trade union,
but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of
1971 s. 8)

13. Effect of registration

The registration of a trade union shall render it a body corporate by the name
under which it is registered, and, subject to the provisions of this Ordinance, with
perpetual succession and with power to hold property movable or immovable and to
enter into contracts, to institute and defend suits and other legal proceedings and to
do all things necessary for the purposes of its constitution.

14. Effect of cancellation of registration

(1) Save where, under subsection (2), the cancellation of the registration of a
trade union does not take effect immediately in which case this subsection shall
apply when the cancellation takes effect for the purposes thereof, a trade union
whose registration has been cancelled under this Ordinance shall in addition to any
other disability

(a)cease to exist as a corporate body, and the Registrar may,
notwithstanding anything contained in the rules of such trade union,
forthwith appoint one or more persons to be liquidators thereof,

(b)cease to enjoy any of the rights, immunities or privileges of a
registered trade union, but without prejudice to any liability incurred
by the trade union, which may be enforced against the trade union or
its assets, whether such liability is incurred before, on or after the
date of the cancellation of registration;

(c)forthwith be dissolved and no person shall, except for the purpose of
defending proceedings against the trade union or of dissolving it
and disposing of its funds in accordance with the rules thereof and
the provisions of this Ordinance, take any part in its management or
organization or act or purport to act on behalf of the trade union or
as an officer thereof.





(2) Where the registration of a trade union is cancelled on the ground that it
had requested cancellation of the registration or had ceased to exist, the
cancellation shall not take effect for the purposes of subsection (1) or for the
purposes of the Societies Ordinance (Cap. 151) prior to the expiry of the period
limited by section 12(2) for the bringing of an appeal and then

(a)if no appeal is brought under section 12(2) within that period, the
cancellation shall take effect for those purposes at the
commencement of the day following the day on which that period
expired; and

(b)if an appeal is so brought within that period, the cancellation shall
not take effect for the purposes of subsection (1) or for the purposes
of the Societies Ordinance (Cap. 151) prior to the determination of the
appeal, but, if the appeal is dismissed, shall take effect for those
purposes on the determination thereof.

15.Power of liquidator and Registrar in winding
up of affairs of a trade union

(1) Where a liquidator is appointed under section 14, all of the property of
whatsoever description (including books and documents) belonging to the trade
union, or held by trustees on its behalf, shall vest in the liquidator by his official
name with effect from the date of his appointment, and the liquidator, after giving
such indemnity, if any, as the Registrar may direct, may

(a)bring or defend in his official name any action or other legal
proceeding that relates to the property of the trade union or is
necessary to bring or defend for the purpose of effectually winding
up the trade union and recovering its property;

(b)take possession of any books, documents or property of whatsoever
description belonging to the trade union;

(c)sell the real and personal property and choses in action of the trade
union by public auction or private contract, with power to transfer
the whole thereof to any person or company or to sell the same in
parcels;

(d) appoint a solicitor or agent to assist him in his duties;

(e)pay any creditors or classes of creditors of the trade union in full or
in part;

(f) compromise any debts or liabilities of the trade union and any
liabilities capable of resulting in debts and any claims, present or
future, certain or contingent, ascertained or sounding only in
damages, that subsist, or are supposed to subsist, between the trade
union and any member thereof or any other debtor or person
apprehending liability to the trade union and any questions in any
way relating to or affecting the assets or winding up of the affairs of
the trade union on such terms as may be





agreed, and take any security for the discharge of any such debt,
liability or claim and give complete discharge in respect thereof,

(g)make any compromise with creditors of the trade union or persons
claiming to be creditors or having or alleging themselves to have any
claim, present or future, certain or contingent, ascertained or
sounding only in damages, against the trade union or whereby the
trade union may be rendered liable; and

(h)prepare a scheme of distribution of the assets of the trade union
available for distribution and, subject to the approval of the same by
the Registrar, distribute the assets accordingly.

(2) The exercise by the liquidator of any of the powers conferred by this
section shall be subject to the control of the Registrar, and any creditor or member
of the trade union may apply to the Registrar with respect to any exercise or
proposed exercise of any of those powers.

(3) Without prejudice to the generality of subsection (2), the Registrar may

(a)rescind or vary any order made by a liquidator or substitute therefor
a new order;

(b) remove a liquidator from office;

(c)make an order upon the assets of the trade union for the
remuneration of any liquidator;

(d)call for and inspect the books, documents or assets of a trade union;

(e) by order in writing limit or restrict the powers of a liquidator;

(f)at any time require accounts to be rendered to him by a liquidator;

(g)refer any subject of dispute between a liquidator and any third party
to arbitration, subject to the consent in writing of such third party;

(h)summon such meetings of the members of the trade union as may
appear to him convenient for the purpose of winding up the affairs of
the trade union.

(4) A liquidator appointed under section 14 or the Registrar shall, in so far as
such powers are necessary for the carrying out of the purposes of this section, have
power to summon and enforce the attendance of parties and witnesses and to
compel the production of documents by the same means and (so far as may be) in
the same manner as is provided in the case of a magistrate.

16. Closure of liquidation on appointment

of liquidator by Registrar

Where a liquidator has been appointed under section 14 for the liquidation of a
registered trade union the registration of which has been cancelled, then,
notwithstanding anything contained in the rules of the trade union





(a)all of the funds (including welfare funds, if any) and assets of what
description soever belonging to the trade union shall be realized and
converted into money and shall be applied first to the cost of the
liquidation, then to the discharge of the liabilities of the trade union,
then to the payment of share capital, if any, and then in such manner
as may be provided by the rules of the trade union or, failing
provision therefor, in such manner as the Registrar may direct;

(b)when the liquidation of the trade union has been closed and any
creditor thereof has not claimed or received what is due to him under
the scheme of distribution, notice of the closing of the liquidation
shall be published in the Gazette, and all claims against the funds of
the trade union shall be prescribed when 2 years shall have elapsed
from the date of such publication; (Amended L.N. 20 of 1979)

(e)any surplus remaining after the application of the funds to the
purposes specified in paragraph (a) and the payment of any claims
under paragraph (b) shall be paid into the general revenue of Hong
Kong. (Amended 47of 1988 s. 3)

PART IV

CONSTITUTION

17. Officers and members of trade unions

(1) Subject to subsection (1A), no person shall be a member of a registered
trade union unless he is ordinarily resident in Hong Kong and engaged or employed
in a trade, industry or occupation with which the trade union is directly concerned.
(Replaced 18 of 1977 s. 3)

(1A) Any person who has lawfully been a member of a registered trade union
may, upon his retirement on account of age or ill-health from the trade, industry or
occupation in which he was engaged or employed and by virtue of which he was a
member of the trade union, remain a member thereof, but shall not be a voting
member. (Added 18 of 1977 s. 3)

(1B) No person shall be refused membership of a trade union solely on the
ground that he is casually or seasonally engaged or employed in the trade, industry
or occupation with which the trade union is directly concerned. (Added 18 of 1977
s. 3)

(2) No person shall, without the consent in writing of the Registrar, be an
officer of a registered trade, union unless he is ordinarily resident in Hong Kong
and is or has been engaged or employed in a trade, industry or occupation with

which the trade union is directly concerned.(Replaced 18 of 1977 s. 3)





(3) Save with the consent of the Governor in Council, no person who has been
convicted of any offence specified in Schedule 1 shall, within the period of 5 years
from the date of his conviction or discharge from prison, whichever is the later, be
an officer of a registered trade union. (Replaced 15 of 1971 s. 9)

(3A) The Governor in Council may, by order published in the Gazette, amend
Schedule 1. (Added 15 of 1971 s. 9)

(4) A person under the age of 16 years may be a member of a registered trade
union, unless provision is made in the rules thereof to the contrary, but shall not be
a voting member or a member of the executive of a registered trade union.

(5) A person under the age of 21 years, but of or over the age of 16 years, may
be a member of a registered trade union, unless provision is made in the rules
thereof to the contrary, and may, subject to the rules of the trade union, enjoy all
the rights of a member and execute all instruments and give all acquittances
necessary to be executed or given under the rules, but shall not be a member of the
executive of a registered trade union.

(6) Any person who is an officer of a registered trade union in contravention of
this section shall be guilty of an offence and shall be liable on summary conviction
to a fine of $1,000 and to imprisonment for 6 months.

17A. Powers of Registrar in respect of
union elections and membership

(1) The Registrar may, if he is of the opinion that

(a)a person is an officer of a registered trade union in contravention of
section 17 or any of the rules of the trade union;

(b)a candidate for election as an officer of a registered trade union is
ineligible to be so elected by virtue of section 17 or any of the rules
of the trade union; or

(c)a person is a member of a registered trade union in contravention of
section 17 or any of the rules of the trade union,

serve upon such officer, candidate or person, and upon the trade union, a notice in
writing requiring the officer, candidate or person to cease holding office or to cease
being a candidate for election as an officer or to cease being a member of the trade
union.

(2) If the officer, candidate or person fails within 14 days of service to satisfy
the Registrar that he has complied with a notice under subsection (1) the High Court
may, on the application of the Registrar

(a)grant an injunction prohibiting such officer, candidate or person from
holding office or being a candidate for election as an officer or being
a member of the trade union;

(b)make a declaration that such officer, candidate or person no longer
holds office in the trade union or is no longer a candidate for election
as an officer or a member of the trade union;





(c)make an order directing the trade union to hold, in such manner as the
court may direct, a fresh election if an officer has ceased to hold office
or a candidate for election as an officer has ceased to be a candidate
by virtue of this section.

(Added 15 of 1971 s. 10)

18. Rules

(1) Every registered trade union shall have, and every trade union which is
applying for registration shall make, rules that, in the opinion of the Registrar,
provide adequately for each and all of the matters specified in Schedule 2.

(2) (a)Where application is being made for the registration of a trade union,
the rules of the trade union shall be sent to the Registrar, in the
manner prescribed by regulations, at the same time as the application
for registration.

(b) When the Registrar is satisfied that(i) such rules have been duly
made; (ii) such rules make adequate provision for each and all of
the matters specified in Schedule 2;

(iii) no such rule is inconsistent with any of the provisions of this
Ordinance or the regulations or with any other such rule or with
the principal objects of the trade union or is contradictory,
imprecise or incomprehensible; and

(iv) where any such rule relates to the taking of decisions by secret
ballot, every voting member of the trade union has an equal
right and, so far as practicable, a reasonable opportunity of
voting and that the secrecy of the ballot is ensured,

he shall register such rules.

(3) No alteration or amendment of or addition to any of the registered rules of a
registered trade union shall be made the effect of which is that the rules no longer
provide adequately for each and all of the matters specified in Schedule 2.

(4) Where any registered rule of a registered trade union has been altered or
amended or any rule has been added to the registered rules thereof and where the
registered rules of a registered trade union have been wholly rescinded or otherwise
cancelled and replaced by new rules, the rule so amended or altered or the rule so
added or the new rules, as the case may be, shall, within 30 days of the making
thereof, be sent to the Registrar in the manner prescribed by regulations.

(5) When the Registrar is satisfied that

(a)such alteration, amendment or addition has, or such new rules have,
been duly made; and





(b) in the case of an altered or amended rule or a rule which has been
so added-
(i)the effect of the alteration, amendment or addition is not
such that the rules of the trade union no longer make
adequate provision for each and all of the matters specified
in Schedule 2;
(ii)the altered or amended rule or the rule so added is not
inconsistent with any of the provisions of this Ordinance or
the regulations or with any other rule of the trade union or
with the principal objects of the trade union or contra-
dictory, imprecise or incomprehensible;
(iii) where the altered or amended rule or the rule so added
relates to the taking of decisions by secret ballot, every
voting member of the trade union has an equal right and, so
far as practicable, an equal opportunity of voting and that
the secrecy of the ballot is ensured; and
(iv) where the rule has been amended or altered or the rule has
been added for the purpose of compliance by such trade
union with the provisions of subsection (1), the rule, either
by itself or in conjunction with other registered rules, makes
adequate provision for the matter specified in Schedule 2 to
which it relates; or
(c) in the case of new rules-
(i) such rules make adequate provision for each and all of the
matters specified in Schedule 2;
(ii)no such rule is inconsistent with any of the provisions of this
Ordinance or the regulations or with any other such rule or
with the principal objects of the trade union or is contradic-
tory, imprecise or incomprehensible; and
(iii) where any such rule relates to the taking of decisions by
secret ballot, every voting member of the trade union has an
equal right and, so far as practicable, an equal opportunity
of voting and that the secrecy of the ballot is ensured,
he shall register the altered or amended rule or the rule so added or the new
rules, as the case may be.
(6) No new rule, no alteration or amendment of any registered rule and
no rule added to the registered rules of a registered trade union shall take effect
until the same has been registered under this section.
(7) If a registered trade union contravenes subsection (1), the trade union
shall be guilty of an offence and shall be liable on summary conviction to a fine
of $200.





(8) In the event of a contravention of subsection (3), (4) or (6), the registered
trade union shall be guilty of an offence and shall be liable on summary conviction
to a fine of $200.

(Amended 15 of 1971 s. 11)

19. Copies of rules

A copy of the rules of a registered trade union shall be delivered by the trade
union to any person demanding the same and tendering payment in advance of a
sum not exceeding $2.

20. Registered office

(1) Every registered trade union shall have a registered office situate in Hong
Kong and a postal address to which all communications and notices may be
addressed (Amended 47 of 1988 s. 3)

(2) Notice of the situation of the registered office and of the postal address,
and of any change therein, shall, within 2 weeks of the registration of the trade
union or of such change, as the case may be, be given to the Registrar and shall be
registered by him, and the trade union shall not be deemed to have complied with
this Ordinance until such notice has been given.

(3) Any registered trade union that

(a)operates without having a registered office or without giving notice
of the situation of its registered office; or

(b)operates at any place to which its registered office may have been
removed without having given notice of the change in the situation
thereof to the Registrar; or

(c)operates without having a postal address or without giving notice of
its postal address; or

(d)fails to give notice to the Registrar of a change in its postal address,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
$100.

20A. Seal

(1) A registered trade union shall have a common seal bearing its registered
name in legible characters.

(2) The common seal of a trade union shall only be used by the authority of the
executive of the union and every instrument to which the common seal shall be
affixed shall be signed by an officer or a member appointed by the executive for that
purpose and countersigned by the chairman, treasurer or secretary.





(3) A trade union which fails to comply with subsection (1) shall be guilty of an
offence and shall be liable on summary conviction to a fine of $100.

(4) An officer of a trade union, or any person on its behalf, who uses or
authorizes the use of any seal which falsely purports to be the seal of the trade
union shall be guilty of an offence and shall be liable on summary conviction to a
fine of $100.

(Added 15 of 1971 s. 12)

21. Branches and various undertakings of trade

unions to be reported to the Registrar

(1) Notification of

(a) every branch of a registered trade union;

(b)every business or charitable, cultural, educational or medical
undertaking which is operated by or in the name of a trade union;
and

(c)any change in the address of such branch, or business or charitable,
cultural, educational or medical undertaking,

shall be made to the Registrar in writing, together with such particulars as the
Registrar may require, by the trade union within 14 days after the establishment of
or change of address of such branch, of business or charitable, cultural, educational
or medical undertaking. (Replaced 15 of 1971 s. 13)

(2) If a branch of a registered trade union or such a business or charitable,
cultural, educational or medical undertaking as is mentioned in subsection (1)
ceases after notification to the Registrar, to exist or to be operated by or in the name
of a registered trade union, the trade union shall report the fact to the Registrar in
writing within 30 days thereafter.

(3) A registered trade union that contravenes this section shall be guilty of an
offence and shall be liable on summary conviction to a fine of $200.

22. Notification of officers, etc.

(1) A notice giving the names (including any alias) of all officers and their titles
shall be prominently exhibited in the registered office of every registered trade
union and in every office of any branch of a registered trade union.

(2) Notice of every change of officers or of the title of any officer of a
registered trade union shall, within 14 days thereof, be sent by the trade union to
the Registrar.

(3) The Registrar may require a registered trade union to furnish, in respect of
any officer specified in any notice given under subsection (2), such particulars as
he may consider necessary, and such trade union shall furnish such particulars
within 14 days of the date of such request.





(4) A registered trade union that contravenes subsection (2) or fails to furnish,
within the period specified therein, any particulars which the Registrar may have
required under subsection (3) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $200.

23. Change of name

(1) A registered trade union may agree to change its name by the vote in secret
ballot of not less than two-thirds of its voting members.

(2) Where a registered trade union has so agreed to change its name,
application for the registration of the change of name shall be made to the Registrar
within 14 days thereof.

(3) If

(a)the proposed name is identical with that under which any other trade
union, whether existing or not, is or has been registered or so nearly
resembles such name as to be likely to deceive the public or the
members of such trade union or of any other trade union; or

(b)the provisions of this Ordinance in respect of change of name have
not been complied with,

the Registrar shall refuse to register the change of name.

(4) Save as provided in subsection (3), the Registrar shall register the change of
name.

(5) Any person who considers that the Registrar was wrong in refusing to
register a change of the name of any registered trade union in that, as the case may
be

(a)the proposed name was not such a name as is specified in
subsection (3)(a);

(b)the provisions of this Ordinance in respect of change of name had
been complied with,

may, within 14, days after the refusal of the Registrar to register the change of name,
appeal to the High Court, which may, if it finds that the refusal of the Registrar to
register the change of name was wrong as aforesaid, so declare and thereupon the
Registrar shall register the change of name, but, save as hereinbefore provided, the
appeal shall be dismissed. (Amended 15 of 1971 s. 14)

(6) No change of name of a registered trade union shall

(a) take effect until the same has been registered under this section;

(b)affect any right or obligation of the trade union or any member
thereof.

(7) Where, in respect of any registered trade union that has changed its name,
any proceeding or cause of action was pending or existed at the time of the change
of name, the same may be continued or enforced by or against the





trade union as it might have been continued or enforced by or against the trade
union if the change of name had not taken place.

(8) A registered trade union which fails to comply with subsection (2) shall be
guilty of an offence and shall be liable on summary conviction to a fine of $100.
(Added 15 of 1971 s. 14)

24. Consent of registrar required to

amalgamation of trade unions

Save with the consent of the Registrar, no registered trade unions shall
amalgamate as one trade union.

25. Application for consent to amalgamation

(1) Where 2 or more registered trade unions desire to amalgamate as one trade
union, an application shall be made to the Registrar for his consent to the
amalgamation.

(2) Every application under subsection (1) shall be made in the prescribed form
and shall be signed by the chairman and one other officer of each trade union and
shall be accompanied by 3 copies of the proposed rules of the trade union to be
formed by the intended amalgamation.

26. Vote on application for consent to amalgamation

No application under section 25 for the consent of the Registrar to the
amalgamation of any registered trade unions shall be made unless, in the case of
each trade union, a majority of the executive thereof has voted in favour of the
making of the application.

27. Grounds for refusal to consent to amalgamation

and procedure in such cases

(1) The Registrar may refuse to give his consent to an intended amalgamation
of registered trade unions where

(a)any of the provisions of this Ordinance in respect of the making of
the application for his consent have not been complied with;

(b)the proposed rules of the trade union to be formed by the
amalgamation will not make adequate provision for each and all of
the matters specified in Schedule 2;

(c) any of the purposes of such trade union will be unlawful;

(d)the name by which it is proposed that such trade union will be
known is identical with that under which any other trade union,
whether existing or not, is or has been registered or so nearly
resembles such name as to be likely to deceive the public or the
members of such trade union or of any other trade union.





(2) Where, under subsection (1) of this section or section 28(2) the Registrar
refuses to give his consent to the amalgamation of any registered

trade unions, he shall, in writing, notify the trade unions of his refusal and shall
specify therein the ground for his refusal.

(3) Any person who considers that the Registrar was wrong in refusing under
subsection (1) to give his consent to an intended amalgamation of registered trade
unions on the ground specified in the notice given pursuant to subsection (2) in
that, as the case may be--

(a)the provisions of this Ordinance in respect of the making of the
application for his consent had been complied with;

(b)the proposed rules of the trade union to be formed by the
amalgamation would have made adequate provision for each and all of
the matters specified in Schedule 2;

(c) none of the purposes of such trade union will be unlawful;

(d)the name by which it was proposed that such trade union would be
known was not such a name as is specified in subsection (1)(d),

may, within 14 days after the Registrar has given such notice, appeal to the High
Court, which may, if it finds that the refusal of the Registrar to give his consent to
the intended amalgamation was wrong as aforesaid, so declare and thereupon the
Registrar shall, subject to the provisions of section 28, give his consent to the
amalgamation, but, save as hereinbefore provided, the appeal shall be dismissed.

(Amended 15 of 1971 s. 15)

28. Application for consent to be referred

to Governor in certain cases

(1) Where the Registrar has received an application under section 25(1) for his
consent to the amalgamation of any registered trade unions and any of such trade
unions is a member of any kind of a trade union or other organization established
outside Hong Kong, he shall, if, but for the provisions of this section, he would
have given his consent to the amalgamation, refer such application to the Governor.
(Amended 47 of 1988 s. 3)

(2) Where, under subsection (1), the Registrar has referred an application to the
Governor, he shall refuse to give his consent to the amalgamation unless the
Governor consents to the same.

(Amended 72 of 1973 s. 2)

29. Notice in writing to be given of consent to

amalgamation, and saving of powers of
Registrar in relation to registration of
trade union formed by amalgamation

(1) Where the Registrar gives his consent to the amalgamation of any
registered trade unions, he shall send to each of the trade unions a notice in





writing thereof and shall supply to each of the trade unions such additional copies
of such notice as may be necessary to enable the trade union to comply with
section 30(1)(a).

(2) The giving by the Registrar of his consent to the amalgamation of any
registered trade unions shall not prejudice or affect in any way the powers vested in
him by this Ordinance to refuse to register the trade union formed by such
amalgamation or the exercise of any powers so vested in him in connection with the
registration thereof.

30. Procedure for amalgamation, etc.

(1) No registered trade unions shall be amalgamated as one trade union unless

(a)the notice in writing of the consent of the Registrar to the
amalgamation has been posted at the registered office of each of the
trade unions party to the amalgamation and in every branch thereof
for a period of not less than 14 days; and

(b)in the case of each such trade union, on a vote being taken in secret
ballot, the votes of at least 50% of the voting members thereof are
recorded and of the votes recorded those in favour of the
amalgamation exceed by not less than 20% those against the same.
(Amended 15 of 1971 s. 16)

(2) An amalgamation of registered trade unions may take place with or without
any dissolution or division of the funds of the trade unions.

31. Transfer of liabilities, etc. to trade

union formed by amalgamation

(1) All deeds, bonds, agreements and instruments to which any registered trade
union that is amalgamated with any other registered trade union was a party that are
subsisting at the time of the amalgamation shall be of as full force and effect against
or in favour of the trade union formed by the amalgamation as if, instead of such
registered trade union, the trade union so formed had been named therein or had
been a party thereto.

(2) Where, in respect of any registered trade union that has amalgamated with
any other registered trade union, any proceeding or cause of action was pending or
existed at the time of the amalgamation, the same may be continued or enforced by
or against the trade union formed by the amalgamation as it might have been
continued or enforced by or against such registered trade union if the amalgamation
had not taken place.

32. Notification of dissolution

(1) When a registered trade union is dissolved, notice of the dissolution
thereof, signed by the secretary of the trade union and 7 persons who were





voting members thereof at the date of the dissolution, shall, within 14 days after the
dissolution, be sent to the Registrar by the trade union, and upon the registration
by the Registrar of such dissolution, the trade union shall cease to be a body
corporate.

(2) A registered trade union that contravenes subsection (1) and every officer
of a registered trade union, or other person, bound by the rules thereof to give or
send the notice required by that subsection who fails to give or send the same shall
be guilty of an offence and shall be liable on summary conviction to a fine of $200.

PART V

FUNDS, ACCOUNTS AND RETURNS

33. Application of funds

(1) The funds, other than the welfare and electoral funds (if any), of a
registered trade union may, subject to the rules thereof and to the provisions of this
Ordinance and the regulations, be expended only for the following purposes-
(Amended 47 of 1988 s. 4)

(a)the payment to officers and paid staff of the trade union of salaries,
allowances and expenses incurred in dealing with the affairs of the
trade union; (Amended 15 of 1971 s. 17; 18 of 1977 s.4)

(b)the payment of expenses for the administration of the trade union,
including audit of the accounts of the funds thereof;

(c)the prosecution or defence of any legal proceeding to which the
trade union or any member thereof is a party, when such prosecution
or defence is undertaken for the purpose of securing or protecting
any rights of the trade union as such or any rights arising out of the
relations of any member with his employer or with a person whom
such member employs;

(d)the conduct of trade disputes on behalf of the trade union or any
member thereof;

(e)the compensation of members for loss arising out of trade disputes;

(f)the allocation of moneys for the provision and maintenance of a
welfare fund;

(g) purchase of bonds, securities or property;

(h)payment of subscriptions, fees, contributions or donations to a
registered trade union or other lawful association or combination
established within Hong Kong; (Amended 47 of 1988 s. 3)

(i) the promotion of entertainments;





(j)subject to the approval of the Governor, contributions or donations to
a trade union or other similar organization established outside Hong
Kong whether or not such registered trade union is affiliated
therewith; (Amended 15 of 1971 s. 17; 47 of 1988 s. 3)

(k)the payment of fines imposed on the trade union for any offence of
which it is convicted under this or any other Ordinance; (Added 15 of
1971 s. 17)

(l)any other purpose which the Governor may approve. (Replaced 15 of
1971 s. 17)

(2) Without prejudice to section 49, a registered trade union that contravenes
subsection (1) shall be guilty of an offence and shall be liable on summary
conviction to a fine of $500.

33A. Electoral fund

(1) If authorized by secret ballot of a majority of its voting members, a
registered trade union may establish an electoral fund out of which may be paid

(a)expenses incurred directly or indirectly by a candidate or prospective
candidate for election to a District Board, the Urban or Regional
Council or the Legislative Council;

(b)expenses for the holding of a meeting or the preparation and
distribution of literature or documents in support of a candidate or
prospective candidate for election to a District Board, the Urban or
Regional Council or the Legislative Council; and

(c)expenses related to the registration of electors or the selection of a
candidate for election to a District Board, the Urban or Regional
Council or the Legislative Council.

(2) A registered trade union shall not compel a member to contribute to the
electoral fund and the union shall not make contribution to the fund a condition for
admission to the union or continuing as a member with full membership rights in the
union.

(3) A registered trade union shall not pay money out of an electoral fund until
rules under paragraph (j)(iii) of Schedule 2 have been registered by the Registrar
under section 18.

(4) A registered trade union that contravenes this section commits an offence
and is liable to a fine of $500.

(Added 47 of 1988 s. 5)

33B. Electoral expenses resolution

(1) Where no electoral fund is established under section 33A, a registered
trade union, if authorized by secret ballot of a majority of its voting members





present at a general meeting or of a majority of members' representatives present at
a general meeting where the rules of the trade union allow voting by members'
representatives, may pay for expenses referred to in section 33A(I).

(2) An authorization under this section must limit the expenditures to a specific
election and specify the maximum amount authorized.

(Added 47 of 1988 s. 5)

34. Use of funds for political purposes

Except as permitted under sections 33A and 33B, the funds of a registered
trade union shall not be applied either directly or indirectly for any political purpose
or be paid or transferred to any person or body of persons in furtherance of any
political purpose whether within or without Hong Kong. (Amended 4 7 of 1988 ss. 3
& 6)

35. Treasurer to render accounts to members

(1) The treasurer of a registered trade union and every other officer thereof who
is responsible for the accounts of the trade union or for collection, disbursement,
custody or control of the funds or moneys thereof shall, upon resigning or vacating
his office and at least once in every year at such time as may be specified in the
rules of the trade union and at any other times at which he may be required to do so
by a resolution of the voting members of the trade union or by the rules thereof,
render to the trade union and its members a just and true account of all moneys
received and paid by him during the period that has elapsed since his assuming
office or, if he has previously rendered an account, since the last date upon which
he rendered such account, and of the balance remaining in his custody at the time of
rendering such account and of all bonds, securities or other property of the trade
union entrusted to his custody or under his control.

(2) The form of account may be prescribed.

(3) The trade union shall cause the account to be audited by some person
approved for that purpose by the Registrar.

(4) After the account has been audited, the treasurer or other officer referred to
in subsection (1) shall, if he is resigning or vacating his office or if so required by
resolution of the voting members of the trade union or by the rules thereof, as the
case may be, hand over to the trade union such balance as appears to be due from
him and all bonds, securities, effects, books, papers and property of the trade union
in his custody or otherwise under his control.

(5) If the treasurer or other officer referred to in subsection (1) fails to hand
over such balance or such other things as are referred to in subsection (4) in
accordance with that subsection, the trade union or any voting member thereof may
sue him in any competent court for the balance appearing to have





been due from him upon the account last rendered by him and for all moneys since
received by him on account of the trade union and for the securities and effects,
books, papers and property in his custody, leaving him to set off in such action the
sums, if any, that he may have since paid on account of the trade union, and in any
such action the plaintiff shall be entitled to recover full costs of the suit to be taxed
as between solicitor and client.

36. Annual statement of account and returns

to be rendered to Registrar

(1) Every registered trade union shall furnish annually to the Registrar, not
more than 3 months after the termination of each financial year of the trade union as
specified in the rules thereof or within such further period as the Registrar may on
application in writing grant, a statement of account, audited by an auditor approved
by the Registrar, of all receipts and expenditures during that financial year and of
the assets and liabilities of the trade union. The statement shall be accompanied by
a copy of the auditor's report and shall be prepared in such form and shall contain
such particulars as may be prescribed. (Amended 15 of 1971 s. 18)

(2) Every registered trade union shall furnish to the Registrar on or before 31
March in each year, or within such further period as the Registrar may on
application in writing grant, a return in the form prescribed showing the membership
of the trade union and the names of the officers thereof on 31 December in the
preceding year and containing such other particulars as may be prescribed.
(Amended 15 of 1971 s. 18)

(3) Every member of a registered trade union shall be entitled to receive free of
charge a copy of the statement of account referred to in subsection (1) and the
secretary or other officer thereof specified in the rules of the trade union shall
deliver a copy of such statement to every member of the trade union who makes
application to him therefor.

(4) A registered trade union that contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on summary conviction to a fine of $500.

37. Inspection of accounts

(1) The account books of a registered trade union and the register of the
members thereof shall be open to inspection by any officer or member of the trade
union or any authorized agent thereof at such times and in such place as may be
specified in the rules thereof and shall be open to inspection at any time by the
Registrar or any person authorized in writing by him in that behalf and the Registrar
or such person may for that purpose enter any premises occupied by the trade
union or any branch thereof.

(2) Any person who opposes, obstructs or impedes the Registrar. or any
person authorized by him under subsection (1), in the carrying out of such





inspection shall be guilty of an offence and shall be liable on summary conviction to
a fine of $500 and to imprisonment for 3 months.

38. Power to require detailed accounts

(1) Without prejudice to any other provisions relating to the rendering of
accounts, the Registrar may, at any time, call upon a registered trade union to
render, in respect of any particular period, an account of the funds of the trade
union or any branch thereof, or both, together with a statement of the assets and
liabilities thereof, and such account shall show in particular such information, and
shall be vouched in such manner, as the Registrar may require and shall be delivered
to him within such period as he may specify.

(2) Any registered trade union that fails to comply with a request made by the
Registrar under subsection (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $500.

PART VI

RIGHTS AND LIABILITIES OF TRADE
UNIONS

39. Disabilities of unregistered union

Subject to section 9, no trade union shall enjoy any of the rights, immunities or
privileges of a registered trade union until it is registered.

40. Registered trade union not criminal

The purposes of any registered trade union shall not, by reason merely that
they are in restraint of trade, be deemed to be unlawful so as to render any member
of such registered trade union liable to criminal prosecution for conspiracy or
otherwise.

41. Registered trade union not unlawful for civil purposes

The purposes of any registered trade union shall not, by reason merely that
they are in restraint of trade, be unlawful so as to render void or voidable any
agreement or trust.

42. Immunity from civil suit in certain cases

No suit or other legal proceeding shall be maintained in any civil court against
a registered trade union in respect of any act done in contemplation or furtherance
of a trade dispute to which a member of such trade union is a party





on the ground only that such act induces some other person to break a contract of
employment or that it is an interference with the trade, business or employment of
some other person or with the right of some other person to dispose of his capital or
of his labour as he wills.

43. Prohibition of actions in tort against

registered trade unions

(1) An action against a registered trade union, whether of employees or
employers, in respect of any tortious act alleged to have been committed in
contemplation or furtherance of a trade dispute by or on behalf of such trade union
shall not be entertained by any court. (Amended 15 of 1971 s. 19)

(2) Nothing in this section shall affect the liability of a registered trade union,
or any trustees thereof, to be sued in any court touching and concerning any
property, or any right or claim to property, of such trade union, except in respect of
any tortious act committed by or on behalf of such trade union in contemplation or
furtherance of a trade dispute.

44. Trade union contracts

Nothing in this Ordinance shall enable any court to entertain any legal
proceeding instituted with the object of directly enforcing or recovering damages
for the breach of any of the following agreements, namely

(a) any agreement between members of a trade union as such

concerning the conditions on which any members for the time being
of such trade union shall or shall not sell their goods, transact
business, employ or be employed;

(b) any agreement for the payment by any person of any sub

scription or penalty to a trade union;

(c) any agreement for the application of the funds of a trade union(i) to
provide benefits for members; or

(ii)to furnish contributions to any employer or employee not a
member of such trade union, inconsideration of such employer or
employee acting in conformity with the rules or resolutions of
such trade union; or (Amended 15 of 1971 s. 20)

(iii) to discharge any fine imposed on any person by sentence of a
court of justice; or

(d) any agreement made between one trade union and another; or

(e) any bond to secure the performance of any of the above

mentioned agreements,

but nothing in this section shall be deemed to constitute any of the above
mentioned agreements unlawful.





45. Affiliation outside Hong Kong

(1) Except with the consent of the Governor, no registered trade union shall be a
member of any kind of any trade union or other organization of what nature or kind
soever that is established outside Hong Kong. Such consent, if given, may be
withdrawn at the discretion of the Governor. (Amended 72 of 1973 s. 2; 47 of 1988 s. 3)

(2) A registered trade union that contravenes subsection (1) shall be guilty of
an offence and shall be liable on summary conviction to a fine of $500.

PART VII

PICKETING, INTIMIDATION AND
CONSPIRACY

46. Peaceful picketing

Notwithstanding anything in this Ordinance, it shall be lawful for one or more
persons, acting on their own behalf or on behalf of a registered trade union or of an
individual employer or firm, in contemplation or furtherance of a trade dispute, to
attend at or near a place where a person works or carries on business, if they so
attend merely for the purpose of peacefully obtaining or communicating information
or of peacefully persuading any person to work or abstain from working:

Provided that it shall not be lawful if they so attend in such numbers, or
otherwise in such manner, as to be calculated to intimidate any person in that place,
or to obstruct the approach thereto or egress therefrom, or to lead to a breach of the
peace, and any person who acts in contravention of this proviso shall be guilty of
an offence and shall be liable on summary conviction to a fine of $1,000 and to
imprisonment for 6 months.

(Amended 15 of 1971 s. 21)

47. Intimidation and annoyance

(1) Every person who, with a view to compelling any person to abstain from
doing or to do any act that such other person has a legal right to do or abstain from
doing, wrongfully and without legal authority

(a)uses violence to or intimidates such other person or his wife or
children, or injures his property; or

(b)persistently follows such other person about from place to place; or

(c)hides any tools, clothes or other property owned or used by such
other person, or deprives him of the same or hinders him in the use
thereof, or

(d)watches or besets the house or other place where such other person
resides or works or carries on business or happens to be or the
approach to such house or place; or





(e)follows such other person in a disorderly manner in or through any
street or road,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
$1,000 and to imprisonment for 6 months.

(2) Attending at or near any place in such numbers, or otherwise in such
manner, as is by the proviso to section 46 declared to be unlawful shall be deemed
to be a watching or besetting of that place within the meaning of this section.
(Amended 15 of 1971 s. 22)

48. Conspiracy in relation to trade disputes

(1) An agreement or combination of 2 or more persons to do or procure to be
done any act in contemplation or furtherance of a trade dispute shall not be triable
as a conspiracy if such act committed by one person would not be punishable as a
crime.

(2) An act done in pursuance of an agreement or combination by 2 or more
persons shall, if done in contemplation or furtherance of a trade dispute, not be
actionable unless the act, if done without any such agreement or combination,
would be actionable.

(3) Nothing in this section shall exempt from punishment any person guilty of a
conspiracy for which a punishment is awarded by any enactment in force in Hong
Kong. (Amended 47 of 1988 s. 3)

(4) Nothing in this section shall affect the law relating to riot, unlawful
assembly, breach of the peace or sedition or any offence against the State or the
Sovereign.

(5) Where a person is convicted of any such agreement or combination as is
referred to in subsection (1) to do or procure to be done any act that is punishable
on summary conviction, and is sentenced to imprisonment, the imprisonment shall
not exceed 3 months, or such longer term, if any, as may have been prescribed by
the law for the punishment of such act when committed by one person.

(6) Nothing in this section shall be construed in any way to limit or prejudice
any of the provisions of the Societies Ordinance (Cap. 151).

PART VIII

MISCELLANEOUS OFFENCES RELATING TO
REGISTERED
TRADE UNIONS

49. Punishment for withholding money or

property of a registered trade union

(1) If any officer or any other person being or representing himself to be a
member of a registered trade union or the nominee, executor, administrator or





assignee of a member thereof or any person whatsoever, by false representation or
imposition, obtains possession of any moneys, securities, books, papers or other
effects of such trade union, or having the same in his possession, wilfully withholds
or fraudulently misapplies the same, or wilfully applies any part of the same to
purposes other than those expressed or directed in the rules of such trade union, the
District Court, upon application made by such trade union or by any voting member
of such trade union or by the Registrar, may make an order requiring such officer,
member or other person to deliver up to the trade union all such moneys, securities,
books. papers, or other effects of the trade union, or to repay the amount of the
moneys applied improperly, and to pay to the trade union. if the District Court thinks
fit, a further sum of money not exceeding $200 together with the costs of the
application, and, in default of delivery of such effects, or repayment of such amount
of money, or payment of such penalty and costs aforesaid. the said court may order
such officer, member or person to be imprisoned for any time not exceeding 3
months:

Provided that nothing in this subsection shall prevent any criminal
proceedings being taken against such officer, member or other person in relation to
any matter in respect of which an order was made under this subsection.

(2) Without prejudice to the provisions of subsection (1), any registered trade
union or any voting member of a registered trade union or the Registrar may, apply
to the District Court for an injunction restraining an officer of the trade union from
holding office or controlling trade union funds, and the District Court, if satisfied
that there is a prima facie case against such officer for the fraudulent misuse of the
funds of the trade union, may grant such injunction.

50. Circulating false copies of rules, etc.

Any person who, with intent to mislead or defraud-

(a)gives to any member of a registered trade union or to any person
intending or applying to become a member of such trade union a
copy of any rules, or of any alterations or amendments of any rules,
other than those that have been registered for the time being under
this Ordinance, on the pretence that such rules are registered or that
there are no other rules of such trade union; or

(b)gives a copy of any document purporting to be rules on the pretence
that such document contains the rules of a trade union registered
under this Ordinance, that is not so registered; or

(c)uses any sign, seal or stationery of any unregistered trade union on
the pretence that such trade union is registered,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
$500 and to imprisonment for 3 months.





51. (Repealed 18 of 1977 s. 5)

52. Contravention of rules

(1) If it appears to the Registrar that any registered trade union or 1 any
officer thereof has contravened or is about to contravene any of the rules of the
trade union respecting any of the matters specified in Schedule 2, the Registrar
may serve upon the trade union or upon such officer, as the case may be, a
notice in writing requiring the trade union or such officer to comply with such
rule. (Amended 15 of 1971 s. 23)
(2) If any registered trade union upon which, or any officer of a registered
trade union upon whom, a notice has been served under subsection (1) fails to
comply with such notice, the trade union or such officer, as the case may be,
shall be guilty of an offence and shall be liable on summary conviction to a fine
of $200.

PART IX

TRADE UNION FEDERATIONS

53. Application to trade union federations

(1) Save as hereinafter expressly provided, this Ordinance shall apply, in
so far as applicable, to a trade union federation as if the component trade
unions comprising such trade union federation were individual members of a
trade union:
Provided that the Societies Ordinance (Cap. 151) shall not apply to a trade
union federation so as to penalize any individual member of a registered trade
union merely by reason of his being a member of such registered trade union.
(2) Save as otherwise provided, every notice, copy of rules or other
document required by this Ordinance to be signed, in the case of a trade union,
by the secretary or voting members thereof, or both, shall, in the case of a trade
union federation, be signed by the chairman and one other officer thereof.

54. Provisions as to application for registration
of trade union federation

In the case of a trade union federation, an application for registration in
accordance with section 5 shall be signed by the chairman and one other officer
of each of the registered trade unions comprised therein, and shall be





accompanied by a declaration from each of such trade unions, signed by 7 voting
members thereof, that the application is made with the consent of the voting
members thereof as declared by a majority of votes taken by secret ballot at a
general meeting of the trade union.

55. Trade union federation not to he registered unless

component trade unions registered

No trade union federation shall be registered by the Registrar unless

(a)each of the component trade unions comprising such trade union
federation is a registered trade union; and

(b)the members of each and all of such component trade unions are
engaged or employed in the same trade, industry or occupation.
(Amended 15 of 1971 s. 24)

56. Additions to membership of trade union federations

(1) Where a trade union federation has been registered under this Ordinance,
no trade union shall subsequently enter into any agreement for membership thereof
or be a member of such registered trade union federation unless

(a)such trade union is a registered trade union the members of which are
engaged or employed in the same trade, industry or occupation as
the members of the component trade unions comprising such trade
union federation; (Amended 15 of 1971 s. 25)

(b)application for membership of such registered trade union federation
has been submitted to the Registrar in the prescribed form, which
shall be signed by the secretary and not less than 7 voting members
of the trade union applying for such membership, any of whom may
be officers thereof, and contain a declaration that such application is
made with the consent of the voting members of the trade union as
declared by a majority of the votes taken by secret ballot at a general
meeting thereof,

(c)there has been submitted to the Registrar a declaration signed by all
of the officers of such registered trade union federation signifying
consent;

(d)the Registrar, having satisfied himself that all of the requirements of
this Ordinance have been complied with, has signified his consent in
writing to such trade union joining in membership with such trade
union federation.

(2) If any registered trade union, being a member of a registered trade union
federation, shall cease to be registered, such trade union shall forthwith cease to be
a member of such registered trade union federation.





(3) Where, under subsection (1)(d), the Registrar has signified his consent to
any registered trade union joining in membership with a trade union federation and,
in respect of any declaration made for the purposes of subsection (1)(b) or (c),
there has been a contravention of section 58(3), the Registrar may forthwith
withdraw such consent.

(4) If any trade union, or any person acting for or on behalf of or in the name of
a trade union with the consent of the trade union, takes any part in the affairs or
business of a registered trade union federation of which such trade union is not a
properly constituted member in accordance with this Ordinance and the rules of
such registered trade union federation, such trade union or person, as the case may
be, shall be guilty of an offence and shall be liable on summary conviction to a fine
of $500.

57. Officers of trade union federations

No person shall be an officer of a registered trade union federation unless

(a) (i) he is an officer of one of the component registered trade unions
comprising such trade union federation; and

(ii) he is ordinarily resident in Hong Kong; and

(iii)he is or has been engaged or employed in a trade, industry or
occupation with which the trade union of which he is an officer
is directly concerned; or

(b) he is a voting member of one of the component registered trade

unions comprising such trade union federation.

(Replaced 18 of 1977 s. 6)

PART X

FORMS AND
REGULATIONS

58. Forms and offences in relation thereto

(1) The Registrar may prescribe all such forms as may, in his opinion, be
required for the carrying out of this Ordinance.

(2) Any form prescribed under subsection (1) shall be published in the Gazette.

(3) Any person who

(a)in any form prescribed by the Registrar under subsection (1), or in
any declaration accompanying any such form, makes any statement
or furnishes any information that he knows to be false or has reason
to believe to be false;





(b)causes or procures any such statement to be made or any such
information to be furnished in any such form or in any such
declaration; or

(c)in any such form or in any such declaration makes any statement or
furnishes any information recklessly,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
$500 and to imprisonment for 3 months.

(4) Any person who

(a)signs any form prescribed by the Registrar under subsection (1)
knowing that it contains any false statement or any statement that he
has reason to believe to be false; or

(b) signs any such form recklessly,

shall be guilty of an offence and shall be liable on summary conviction to a fine
of $500 and to imprisonment for 3 months.

59. Regulations

(1) Save as provided in section 58 and notwithstanding anything in the rules of
any registered trade union, the Governor in Council may by regulation provide for

(a) all matters stated or required in this Ordinance to be prescribed;

(b)books, registers and forms to be used for the purposes of this
Ordinance;

(c)the manner in which the accounts of registered trade unions shall be
audited and the qualifications of persons by whom they may be
audited;

(d)the seal, if any, to be used by the Registrar for the purpose of
registration of trade unions;

(e)inspection of registers and documents kept by the Registrar and the
making of copies of entries therein;

(f)fees to be charged for inspection and any other service or matter
prescribed or permitted by this Ordinance;

(g)the due disposal and safe custody of the funds and moneys of a
registered trade union;

(h)the creation, administration, protection, control and disposal of the
welfare and electoral funds of registered trade unions and all matters
connected therewith or incidental thereto; (Amended 47 of 1988 s. 7)

(i)generally for giving effect to the principles and provisions of this
Ordinance.

(2) Regulations made under this section may be of general application or
limited to any particular registered trade union or class of registered trade unions.





(3) Regulations made under this section may provide that any person who, or
any registered trade union that, contravenes any of the provisions of such
regulations shall be guilty of an offence and may prescribe penalties therefor:

Provided that no penalty so prescribed shall exceed a fine of $500.

PART XI

MISCELLANEOUS

60. Delegation of powers

The Registrar may delegated to any officer of the Registry of Trade Unions,
either generally or particularly, such of his powers, functions or duties under this
Ordinance as he may consider expedient:

Provided that no delegation made hereunder shall preclude the Registrar from
exercising or performing at any time any of the powers, functions or duties so
delegated.

61. Liability of officers thereof where offence

committed by trade union

Where any offence against this Ordinance or any regulations made thereunder
has been committed by any registered trade union, every officer of the trade union
shall be guilty of the like offence unless he proves to the satisfaction of the court
that the act constituting the offence took place without his knowledge or consent.

62. Limit of time for complaints or information

Notwithstanding anything contained in the Magistrates Ordinance (Cap. 227),
a complaint made or information laid in respect of an offence under this Ordinance
or the regulations shall be made or laid within 2 years from the time when the matter
of such complaint or information respectively arose.

63. Service of legal process and notices

issued by Registrar

(1) Every

(a)summons, notice or other document required to be served on a
registered trade union in any civil or criminal proceeding; and

(b)notice or other document issued by the Registrar under this
Ordinance and required to be served on a registered trade union,





shall be deemed to be duly served if it is delivered at or sent by registered post
addressed to the registered office of the trade union or if it is served personally
on any officer of the trade union, provided that such service is otherwise in
compliance with the requirements of any relevant Ordinance.
(2) Notwithstanding the provisions of subsection (1), whenever the
Registrar is required under section 11 to give notice to a trade union, he may in
addition publish such notice in the Gazette and such publication shall be
deemed to be good and effective notice to the trade union.
(Replaced 15 of 1971 s. 26)

64. Procedure, etc. upon appeal under Ordinance
to High Court and Court of Appeal

(1) Subject to the provisions of this Ordinance, the practice and
procedure upon and in connection with any appeal under this Ordinance to the
High Court shall be subject to any rules of court made under the Supreme
Court Ordinance (Cap. 4). (Amended 15 of 1971 s. 27)
(2) An appeal shall be from a decision of the High Court under this
Ordinance to the Court of Appeal in accordance with section 14 of the Supreme
Court Ordinance (Cap. 4). (Replaced 15 of 1971 s. 27)

65. Ordinance not to affect certain agreements

Nothing in this Ordinance shall affect-
(a) any agreement between partners as to their own business;
(b)any agreement between an employer and those employed by him
as to such employment; or
(e)any agreement in consideration of the sale of the goodwill of a
business or of instruction in any profession, trade or handicraft.

66. Notification in the Gazette

The Registrar shall notify the following facts in the Gazette-
(a)the fact that a trade union has applied for registration under this
Ordinance;
(b)the fact that a trade union has been registered under this
Ordinance or that registration has been refused;
(c) the fact that the registration of a trade union has been cancelled;
(d)the fact that any change of name, amalgamation or federation
relating to any trade union has been registered;
(e)the fact that any registered trade union has been dissolved; and
(f) the fact that a trade union has withdrawn its application for
registration under this Ordinance.(Added 15 of 1971 s. 28)





67. Provisions of certain Ordinances not to apply

to trade unions or trade union federations

Subject to the provisions of this Ordinance, the following Ordinances, that is
to say

(a) the Companies Ordinance (Cap. 32); and

(b) the Co-operative Societies Ordinance (Cap. 33), shall not apply to a
trade union or a trade union federation and the registration of a trade union or a
trade union federation under either of the said Ordinances shall be void and of no
effect.

68. Result of registration

(1) If a trade union is registered under the Companies Ordinance (Cap. 32) or
the Co-operative Societies Ordinance (Cap. 33) and the same shall become
registered under this Ordinance, all of the property and assets of what description
soever vested in the trade union by virtue of registration under the Companies
Ordinance (Cap. 32) or the Co-operative Societies Ordinance (Cap. 33), as the case
may be, together with all rights and liabilities, whether present, future, certain or
contingent, shall forthwith be deemed vested in the trade union by virtue of its
registration under this Ordinance, and all causes of action subsisting, or suits or
other legal proceedings pending, by or against the trade union by reason of or
arising out of its registration under the Companies Ordinance (Cap. 32) or the Co-
operative Societies Ordinance (Cap. 33), as the case may be, shall subsist or be
continued by or against such trade union by virtue of its registration under this
Ordinance.

(2) If any unincorporated association, being a trade union within the meaning
of this Ordinance, shall become registered thereunder, all of the property and assets
of what description soever belonging to the members of such association by virtue
of membership thereof or vested in trustees for the members of such association
shall become vested in the registered trade union upon registration together with all
rights and liabilities, whether present, future, certain or contingent, and all causes of
action subsisting, or suits or other legal proceedings pending, by or against any
trustees for the members of such association or any officer or member on behalf of
himself and all other members of such association shall subsist or continue by or
against such registered trade union in the name under which it is registered.

SCHEDULE 1 [s. 17]

Any offence involving(a) fraud; (b)
dishonesty; (c) extortion; (d)
membership of a triad society.

(Added 15 of 1971 s. 29)





SCHEDULE 2 [s. 18]

MATTERS FOR WHICH PROVISION MUST BE MADE IN THE
RULES OF EVERY REGISTERED TRADE UNION

The rules of every registered trade union shall-

(a)contain a statement of the name of the trade union and the address of its registered
office;

(b) declare the whole of the objects for which the trade union is established;

(c)subject to the provisions of section 17, declare the conditions under which persons
may enjoy

(i) voting membership; and
(ii) non-voting
membership;

(d) (i) provide for the keeping of a register of members of the trade union; and

(ii) make provision for the maintenance of discipline within the trade union,
including provision for appeal to the voting members at a general meeting of
the trade union against any decision of the executive cancelling the
membership of any member or dismissing any officer;

(e)specify the method of convening and conducting annual general meetings and
extraordinary general meetings, and the matters to be presented to the members of
the trade union at such meetings, including in the case of annual general meetings
the presentation of audited accounts;

(f) provide for the appointment and replacement of officers of the trade union;

(g)provide that every voting member of the trade union shall have a reasonable
opportunity of voting;

(h)provide that all decisions in respect of the following matters be taken by decision of
the voting members of the trade union by means of secret ballot

(i) the appointment of members of the executive; (Amended 18 of 1977 s. 7)
(ii) change of name of the trade union;

(iii) amalgamation of the trade union with any other trade union; and

(iv) federation of the trade union with any other trade union or with a trade union
federation;

(i)specify the amount and manner of payment of subscriptions, fees and contributions
payable by members of the trade union;

(j) (i) subject to the provisions of section 33, specify the purposes to which the funds of
the trade union may be applied;

(ii) provide for the creation, administration, protection, disbursement and disposal
of the welfare fund (if any) and declare the conditions under which any
member, or the family of any member, of the trade union may become
entitled to any benefit assured thereby;

(iii) provide for the administration, protection, disbursement and disposal of the
electoral fund, if one is established, and declare the conditions under which
money in the fund maybe spent; (Added 47 of 1988 s. 8)

(k)provide for the custody and investment of the funds (if any) of the trade union, the
designation of the officer or officers responsible therefor, the keeping of accounts
and the annual, or more frequent periodic, auditing thereof,

(l) specify the commencement and termination of the financial year of the trade union;

(m)ensure reasonable opportunity for the inspection by members of the trade union of
the rules of the trade union, its account books and the registers of the names of the
members thereof,

(n)provide for the making, altering, amending and rescinding of the rules of the trade
union;

(o)provide for the method of dissolution of the trade union and the manner in which
the funds thereof shall be disposed of upon dissolution;

(p)provide for the safe custody of the common seal of the trade union. (Added 15 of 1971 s.
30)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3252

Edition

1964

Volume

v21

Subsequent Cap No.

332

Number of Pages

42
]]>
Tue, 23 Aug 2011 18:32:32 +0800
<![CDATA[IMMIGRATION SERVICE (WELFARE FUND) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3251

Title

IMMIGRATION SERVICE (WELFARE FUND) REGULATIONS

Description






IMMIGRATION SERVICE (WELFARE FUND)
REGULATIONS

(Cap. 331, section 22)

[15th July, 1966.]

l., These regulations may be cited as the Immigration Service
(Welfare Fund) Regulations.

2. (1) All moneys due to the Immigration Service Welfare Fund
(hereinafter referred to as the Fund) shall immediately be paid in full to
the Director of Accounting Services who shall credit them to an account
entitled 'Deposits-Immigration Service Welfare Fund'.

(2) The Director of Accounting Services shall render to the
Director after the closing of each month's accounts a return showing all
transactions of the Fund in his accounts during the previous month.

3. All sums considered by the Director to be surplus to the normal
requirements of the Fund shall at his request

(a)be invested in such securities or deposited in such manner in
the Colony by the Director of Accounting Services as the
Financial Secretary may from time to time approve for that
purpose; or

(b)be remitted to the Crown Agents for investment in such
securities or deposit in such manner as the Secretary of State
may from time to time approve for that purpose, and the
dividends or interest accruing from such investments or
deposits shall be credited to the account referred to in
regulation 2.

4. All investments of the Fund shall be valued at the middle market
price in Hong Kong or London on the 31st March in each year, and the
balance of the Fund on that date shall be increased or decreased as may
be required in accordance with such valuation.

5. Should at any time the uninvested portion of the Fund fall below
a figure which in the opinion of the Director is the minimum necessary
for the normal requirements of the Fund, he shall request the Director of
Accounting Services to sell on the local market or in London such part
of the Fund's investments as will together with the existing uninvested
portion provide an adequate working balance.

6. All vouchers submitted to the Director of Accounting Services in
respect of payments to be made out of the Fund shall either be certified
by the Director or shall have attached to them certified true copies of the
Director's approval for each withdrawal. In the latter event the
certificates and vouchers may be signed by an





officer so authorized by the Director. The Director of Accounting
Services shall pay only on the authority of the Director as indicated
above and shall be advised of the name of any officer authorized by the
Director to sign on his behalf.

7. Unless the Director otherwise determines in the case of any
particular loan

(a)a loan from the Fund shall be repaid by such monthly
instalments, not exceeding 24, as the Director shall in his
discretion specify;

(b)if any instalment by which a loan from the Fund is to be repaid
is due and unpaid, the whole balance of the loan then
outstanding shall become repayable immediately;

(c) [Deleted, L.N. 118/78]

(d)whenever it is necessary to recover the amount of a loan from
the Fund, the amount then outstanding shall be deemed to be
an amount due to a department of Government.

8. Upon a recommendation of the Director, the Financial Secretary
may authorize the writing-off of any asset or any debt due to the Fund
which he considers irrecoverable:

Provided that any such write-off shall take effect for the purpose of
accounting records alone and shall not extinguish any right of the Fund
to recovery of any such asset or debt.

9. The Director of Accounting Services shall keep the Director
informed of all transactions on account of the Fund's investments and
the latter shall balance his accounts monthly and reconcile them with
the deposit account maintained by the Director of Accounting Services.
The accounts shall be subject to periodical audit by the Director of
Audit.

10. (1) The Director shall cause proper accounts to be kept of all
transactions of the Fund and shall cause to be prepared for every period
of 12 months ending the 31st March in each year a statement of the
accounts of the Fund, which statement shall include an income and
expenditure account and balance sheet and shall be signed by the
Director.

(2) The accounts of the Fund and the signed statement of the
accounts shall be audited by the Director of Audit, who shall certify the
statement subject to such report, if any, as he may think fit.

(3) A copy of the signed and audited statement of accounts
together with Director of Audit's report, if any, and a report by the
Director on the administration of the Fund during the period covered by
the audited accounts shall be laid upon the table of the Legislative
Council not later than the 30th September next following the end of such
period or so soon thereafter as the Governor, in his absolute discretion,
may allow.
L.N. 57/66. L.N. 16/77. L.N. 118/78. Citation. Maintenance of Fund. L.N. 16/77. Investment. L.N. 16/77. Valuation of investments. Realization of investments. L.N. 16/77. Certification of advance. L.N. 16/77. Loans from Fund. Write-off. Duties of Director of Accounting Services and Director of Audit. Accounts.

Abstract

L.N. 57/66. L.N. 16/77. L.N. 118/78. Citation. Maintenance of Fund. L.N. 16/77. Investment. L.N. 16/77. Valuation of investments. Realization of investments. L.N. 16/77. Certification of advance. L.N. 16/77. Loans from Fund. Write-off. Duties of Director of Accounting Services and Director of Audit. Accounts.

Identifier

https://oelawhk.lib.hku.hk/items/show/3251

Edition

1964

Volume

v21

Subsequent Cap No.

331

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:32:31 +0800
<![CDATA[IMMIGRATION SERVICE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3250

Title

IMMIGRATION SERVICE ORDINANCE

Description






LAWS OF HONG KONG

IMMIGRATION SERVICE ORDINANCE

CHAPTER 331





CHAPTER 331

IMMIGRATION SERVICE ORDINANCE

ARRANGEMENT OF SECTIONS

section ..................................page

PART I

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 3
2. Interpretation............................. ... ... ... ... ... ... ... ... 3

PART II

ESTABLISHMENT OF SERVICE AND ITS REGULATION AND
CONTROL

3. Establishment and composition of Service ... ... ... ... ... ... ... ...3

4. Payment and maintenance of Service ... . ... ... ... ... ... ... ... ... 3

5. Direction and administration of Service ... ... ... ... ... ... ... ... ... 3

6. Warrant cards .......................... ... ... ... ... ... ... ... 3

7. Duty of members to obey orders... ... ... ... ... ... ... ... ... ...3

8. Disciplinary offences by certain members of Service ... ... ... ... ... ... 4

9. Power of Director to make standing orders ... ... ... ... ... ... ... ...5

10. Members of Service on duty ... ... ... ... ... ... ... ... ... ... 5
11. Duty of member to deliver up uniform, etc. on leaving Service ... ... ... ... 5

PART III

CERTAIN POWERS OF MEMBERS OF
SERVICE

12. Power to arrest Without warrant in certain cases and provisions as to persons

arrested by members of Service. etc. ... ... ... ... ... ... ... ... ... 5

13. Power to examine
and detain certain thin . ... ... ... ... ... ... ... ... 6

14. Power to take photograph. etc. of arrested person ... ... ... ... ... ... ... 6

PART IV

WELFARE FUND

15. Establishment of fund ..................... ... ... ... ... ... ... ... ... 6
16. Control of fund ........................... ... ... ... ... ... ... ... 6

PART V

OFFENCES AND
PENALTIES

17. Offences in relation to disaffection in the Service ... ... ... ... ... ... ... 7








18. Making of false reports. etc. to member of Service ... ... ... ... ... ... ... 7
19. Assaulting or resisting member of Service ... ... ... ... ... ... ... ... - 7
20. Contravention of section 11 to be an offence ... ... ... ... ... ... ... ... 7
21. Unauthorized wearing of Service uniform. etc. ... ... ... ... ... ... ... 7





Section Page
PART VI

SUPPLEMENTARY AND
MISCELLANEOUS

22. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8

23. Application of section 102 of Criminal Procedure Ordinance ... ... ... ... 8
24. Saving in relation to application of Colonial Regulations and Regulations of the
Hong Kong Government ... ... ... ... .. . ... ... ... ... ... .... 8
25. Saving in relation to prerogative right of Crown ... ... ... ... ... ... ... 8
26. Amendment of Schedule ... ... ... ... ... ... ... ... ... ... ... ... 8

Schedule ....................................... ... ... ... ... ... ... ... ... 8





CHAPTER 331

IMMIGRATION SERVICE

To provide for the establishment and maintenance of a service to be
known as the Immigration Service, to vest certain . certain
powers in . its .
members and to provide for matters connected with the purposes
aforesaid.

[4 August 1961.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Immigration Service
Ordinance.

2. In this Ordinance. unless the context otherwise requires

'Director' means the Director of Immigration,

'Service' means the Immigration Service established by section 3.

PART II

ESTABLISHMENT OF SERVICE AND ITS REGULATION AND
CONTROL

3. There is hereby established a service which shall be known as
the Immigration Service and which shall consist of the officers and
other ranks specified in the Schedule.

(Amended, 20 of 1966, s. 2)

4. Provision for the payment and maintenance of the Service shall
be by charges on the general revenue of the Colony to such amounts as
may by annual vote or otherwise be voted by the Legislative Council.

5. Subject to the orders and control of the Governor, the Director
shall be responsible for the direction and administration of the Service. .

6. A warrant card shall he issued to every member of the Service
and shall be evidence of his membership thereof.

(Amended. 16 of 1980, s. 2)

7. Every member of the Service shall obey all lawful orders of his
superior officers whether the same are given orally or in writing, and
shall also obey all orders made by the Director under the provisions of
section 9.





8. (1) Any assistant immigration officer and any member of the
Service having a rank lower than that of assistant immigration officer
who is found guilty by an assistant director of immigration of any of the
following. namely--

(a) absence from duty without leave or good cause;

(b) sleeping on duty,

(c) conduct to the prejudice of good order and discipline;

(d) disobedience of orders;

(e) insubordination.

(f) neglect of duty or orders;

(g) being unfit for duty by reason of intoxication;

(h)in the course of duty. making a statement which is false in a
material particular;

(i)unlawful or unnecessary exercise of authority resulting in loss
or injury to any person or to the Government;

(J)wilfully or negligently damaging or destroying or negligently
losing any Government property;

(k)conduct calculated to bring the public service into disrepute,

shall be liable to be punished by such assistant director of immigration
with any one or more of the following punishments

(i). reduction in rank.

(ii) caution. warning. reprimand or severe reprimand;

(iii)forfeiture of not more than 1 week's pay, save that. in the case
of absence without leave or good cause for more than 1 week.
pay may be forfeited for a period of not more than the period
of such absence from duty;

(iv)performance of extra duties for a period not exceeding 12
hours nor exceeding 6 hours in any week.

(v)stoppage of increment for a period not exceeding 12 months.

(2) Any member of the Service aggrieved by any finding of or
punishment imposed by an assistant director of immigration under the
provisions of subsection (1) mnay, within 14 days from the date thereof,
appeal to the Director.

(3) Upon any such appeal, the Director may confirm, reverse or
vary such finding or punishment:

Provided that he shall not impose any punishment other than a
punishment which an assistant director of immigration is authorized to
impose under the provisions of subsection (1).

(4) In the event of any such appeal. the punishment against the
imposition of which, or imposed on the finding against which. the
appeal is made shall be suspended pending the determination of the
appeal.





9. (1) The Director may make orders. which shall be known as
Service standing orders, prescribing or providing for

(a) the control, direction and information of the Service;

(b) discipline;

(c) training;

(d) classifications and promotions;

(e) inspections, drills, exercises and parades.

(f) welfare;

(g) departmental finance;

(h) services to be performed by members of the Service;

(i) the manner and form of reports, correspondence and other
records;
the performance of any act which may be necessary for the
proper carring out of the duties of the Service,

(k) such other matters as may, in his opinion. be necessary or
expedient for preventing abuse or neglect of duty and for

rendering the Service efficient in the discharge of its duties.

(2) No Service standing order shall be inconsistent with any of the
provision of this Ordinance.

10. For the purposes of this Ordinance. every member of tile
Service shall be deemed to be always on duty when required to act as
such and shall perform the duties imposed upon. and exercise the
powers granted to, him under this Ordinance or any other law at any
and every place in the Colony where he may be doing duty.

11. Every member of the Service who leaves the Service. whether
in consequence of his resignation or dismissal or otherwise. shall on
leaving the same deliver up his uniform and warrant card and any other
Government property Which may be in his possession.

PART III

CERTAIN POWERS OF MEMBERS OF
SERVICE

12. (1) Any member of the Service may arrest without warrant any
person whom he may reasonably suspect of being guilty of an offence
under section 17, 18. 19, 20 or 21.

(2)(a) Any person who is arrested by any member of the Service.
whether under the provisions of this Ordinance or of any
other enactment, shall be delivered into the custody of the
officer in charge of a police station Within 12 hours of his
arrest, unless. in the meantime. such person has been brought
before a magistrate or released.

(b)When any such person is delivered into the Custody of the
officer in charge of a police station. the provisions of section
52 of the Police Force Ordinance shall apply.





(3) Without prejudice to the provisions of any other enactment
conferring on any member of the Service power to arrest persons

(a)if any person forcibly resists the endeavour of any member of
the Service to arrest him or attempts to evade the arrest, such
member may use all means necessary to effect the arrest; and

(b)if any member of the Service who is* in pursuit of any person
to be arrested has reason to believe that such person has
entered into or is in any place, the person residing in or in
charge of such place shall on demand of such member allow
him free ingress thereto and afford all reasonable facilities for
search therein for such person.

13. Any member of the Service may examine and, if he considers it
necessary, detain anything which appears to him to be or to contain
evidence of the commission of an offence under section 17, 18, 19, 20 or
21.

.14. Any member of the Service or any police officer may take the
photograph, finger-prints, weight and measurements of any person who
has been arrested by any such member, whether under the provisions of
this Ordinance or of any other enactment:

Provided that, if any such person who has not previously been
convicted is subsequently discharged or acquitted, any photograph
(both negative and copies), finger-print impressions and records of
weight or measurements so taken shall be destroyed forthwith or
delivered to such person.

PART IV

WELFARE FUND

15. There shall be established a fund to be known as the
'Immigration Service Welfare Fund' which shall consist of

(a)such donations and voluntary contributions as may be made
thereto;

(b)such sums as may be voted thereto by the Legislative Council,
and

(c)such sums as may accrue by way of dividend or interest from
the investment of the Immigration Service Welfare Fund or any
part thereof.

(Added, 20 of 1966, s. 3)

16. The Immigration Service Welfare Fund shall, subject to such
regulations as may be made under section 22, be controlled by the
Director and applied to the following purposes

(a)procuring for members of the Service or for former members
who have retired on pension. gratuity or other





allowance, comforts, convenience or other benefits not
chargeable to public revenue;

(b)granting loans to members of the Service or to former members
who have retired on pension, gratuity or other allowance;
(Amended, 36 of 1978, s. 2)

(e)making grants to persons who were wholly or partially
dependent at the time of his death on a deceased member, or a
deceased former member of the Service who had retired on
pension, gratuity or other allowance, and who are in need of
financial assistance, whether towards the payment of the
funeral expenses of the deceased member or deceased former
member or otherwise. (Added, 36 of 1978, s. 2)

(Added, 20 of 1966, s. 3)

PART V

OFFENCES AND PENALTIES

17. Any person who causes, or does any act calculated to cause,
disaffection amongst the members of the Service or induces, or does
any act calculated to induce, any member of the Service to withhold his
services or to commit breaches of discipline shall be guilty of an
offence and shall be liable on summary conviction to a fine of $2,000
and to imprisonment for 2 years.

18. Any person who knowingly-

(a)makes or causes to be made to any member of the Service a
false report of the commission of any offence; or

(b)misleads any member of the Service by giving false
information or by making false statements or accusations,

shall be guilty of an offence and shall be liable on summary conviction
to a fine of $1,000 and to imprisonment for 6 months.

19. Any person who assaults, resists or obstructs any member of
the Service acting in the execution of his duty, or aids or incites any
person to assault, resist or obstruct any such member of the Service,
shall be guilty of an offence and shall be liable on summary conviction
to a fine of $250 and to imprisonment for 6 months.

20. Any person who contravenes the provisions of section 11
shall be guilty of an offence and shall be liable on summary conviction
to a fine of $500 and may, in addition, be ordered by the court before
which he is convicted to pay to the Government any sum not exceeding
an amount equal to the value of the property.

21. If any person who is not a member of the Service wears,
without the permission of the Director, the uniform of the Service or any
dress having the appearance, or bearing any of the distinctive marks, of
that uniform, he shall be guilty of an offence and shall be liable on
summary conviction to a fine of $250.





PART VI

SUPPLEMENTARY AND MISCELLANEOUS

22. The Governor in Council may by regulation provide for-

(a)the control, administration and investment of the Immigration
Service Welfare Fund; (Replaced, 20 of 1966, s. 4)

(b)such other matters as may be necessary or expedient for
rendering the Service efficient in the discharge of its duties.'

(c)the better carrying into effect of the provisions of this
Ordinance.

23. The provisions of section 102 of the Criminal Procedure
Ordinance shall apply to any property which has come into the
possession of any member of the Service in connexion with any criminal
offence as they apply to property which has so come into the
possession of the police.

24. Nothing in the provisions of section 8 shall be deemed to affect
the application to any assistant immigration officer or to any member of
the Service having a rank lower than that of assistant immigration
officer of Colonial Regulations. so far as they are applicable. or the
Regulations of the Hong Kong Government, so however that no
member of the Service shall be liable to be proceeded against under
those Regulations in respect of any act or omission which has been the
subject of disciplinary proceedings under the provisions of the said
section 8.

25. Nothing in the provisions of this Ordinance shall be deemed to
affect the right of the Crown to dismiss or terminate the appointment of
any member of the Service and without compensation.

26. The Governor may from time to time by order, which shall be
published in the Gazette, amend the Schedule.

(Added, 20 of 1966, s. 5)

SCHEDULE

Director of Immigration.
Deputy Director of Immigration.
Assistant Director of Immigration.
Principal Immigration Officer.
Assistant Principal Immigration Officer.
Chief Immigration Officer.
Senior Immigration officer.
Immigration Officer.
Assistant Immigration Officer.
Senior Immigration Assistant.
Immigration Assistant.

(Replaced L.N. 102/73. Amednded L.N. 266/78)

Originally 30 of 1961. 20 of 1966. L.N. 102/73. 36 of 1978. L.N. 102/73. L.N. 266/78. 16 of 1980. G.N.A. 90/61. Short title. Interpretation. Establishment and composition of Service. Schedule. Payment and maintenance of Service. Direction and administration of Service. Warrant cards. Duty of members to obey orders. Disciplinary offences by certain members of Service. Power of Director to make standing orders. Members of Service on duty. Duty of member to deliver up uniform, etc. on leaving Service. Power to arrest without warrant in certain eases and provisions as to persons arrested by members of Service, etc. (Cap. 232.) Power to examine and detain certin things. Power to take photograph, etc. of arrested person. Establishment of fund. Control of fund. Offences in relation to disaffection in the Service. Making of false reports, etc. to member of Service. Assaulting or resisting member of Service. Contravention of section 11 to be an offence. Unauthorized wearing of Service uniform, etc. Regulations. Application of section 102 of Criminal Procedure Ordinance. (Cap. 221.) Saving gin relation to application of Colonial Regulations and Regulations of the Hong Kong Government. Saving in relation to prerogative right of Crown. Amendment of Schedule.

Abstract

Originally 30 of 1961. 20 of 1966. L.N. 102/73. 36 of 1978. L.N. 102/73. L.N. 266/78. 16 of 1980. G.N.A. 90/61. Short title. Interpretation. Establishment and composition of Service. Schedule. Payment and maintenance of Service. Direction and administration of Service. Warrant cards. Duty of members to obey orders. Disciplinary offences by certain members of Service. Power of Director to make standing orders. Members of Service on duty. Duty of member to deliver up uniform, etc. on leaving Service. Power to arrest without warrant in certain eases and provisions as to persons arrested by members of Service, etc. (Cap. 232.) Power to examine and detain certin things. Power to take photograph, etc. of arrested person. Establishment of fund. Control of fund. Offences in relation to disaffection in the Service. Making of false reports, etc. to member of Service. Assaulting or resisting member of Service. Contravention of section 11 to be an offence. Unauthorized wearing of Service uniform, etc. Regulations. Application of section 102 of Criminal Procedure Ordinance. (Cap. 221.) Saving gin relation to application of Colonial Regulations and Regulations of the Hong Kong Government. Saving in relation to prerogative right of Crown. Amendment of Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/3250

Edition

1964

Volume

v21

Subsequent Cap No.

331

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:32:30 +0800
<![CDATA[MOTOR VEHICLES (FIRST REGISTRATION TAX) (DEPRECIATION) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3249

Title

MOTOR VEHICLES (FIRST REGISTRATION TAX) (DEPRECIATION) REGULATIONS

Description






MOTOR VEHICLES (FIRST REGISTRATION TAX)
(DEPRECIATION) REGULATIONS.

(Cap. 330, section 9).

[1st April, 1967.]

1. These regulations may be cited as the Motor Vehicles (First
Registration Tax) (Depreciation) Regulations.

2. (1) For the purposes of paragraphs (c) and (d) of subsection (1)
of section 4 of the Ordinance, the rate of depreciation, where applicable,
shall be

(a)in respect of petrol-driven motor vehicles, twenty-five per cent
per annum;

(b)in respect of all other motor vehicles, twenty per cent per
annum.

(2) In respect of any period of less than one year or any part of a
year, depreciation shall be calculated by reference to the number of
months in such period or part of a year and the rate shall he one-twelfth
of the appropriate annual rate.

3. The amount of depreciation for any period shall be computed, at
the appropriate rate specified in regulation 2, separately in respect of
each year or part of a year on the reducing value of the motor vehicle,
which, in respect of any year or part of a year, shall be the full value of
the vehicle, calculated in accordance with the relevant provisions of
section 4 of the Ordinance, reduced by the amount of depreciation
relating to each preceding full year (if any) within that period; and the
total of the amounts computed separately as aforesaid shall be the full
amount of depreciation for the whole of that period.
L.N. 54/67. L.N. 114/67. Citation. Rates of depreciation. L.N. 114/67. Computation of amount of depreciation.

Abstract

L.N. 54/67. L.N. 114/67. Citation. Rates of depreciation. L.N. 114/67. Computation of amount of depreciation.

Identifier

https://oelawhk.lib.hku.hk/items/show/3249

Edition

1964

Volume

v21

Subsequent Cap No.

330

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:29 +0800
<![CDATA[MOTOR VEHICLES (FIRST REGISTRATION TAX) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3248

Title

MOTOR VEHICLES (FIRST REGISTRATION TAX) ORDINANCE

Description






LAWS OF HONG KONG

MOTOR VEHICLES (FIRST REGISTRATION

TAX) ORDINANCE

CHAPTER 330





CHAPTER 330

MOTOR VEHICLES (FIRST REGISTRATION TAX)

To impose a tax to be paid on the first registration of certain motor vehicles and to
provide for matters connected with the purpose aforesaid.

[23 June 1961]

Originally 24 of 1961-13 of 1967,30 of 1967, L.N. 40 of 1974,31 of 1974, L.N. 263 of 1975, 11 of
1976, L.N. 49 of 1978, 42 of 1978, L.N. 65 of 1979, 30 of 1979, 79 of 1979, 31 of 1982 75

1982, 23 of 1983, 31 of 1986, 56 of 1986, 78 of 1988, 80 of 1988, 89 of 1988, R. Ed.
1988,

1 . Short title

This Ordinance may be cited as the Motor Vehicles (First Registration

Tax) Ordinance.

2. Interpretation

In this Ordinance unless the context otherwise requires

'bus' means a motor vehicle constructed or adapted for the carriage of more than 16
passengers and their personal effects; (Replaced 23 of 1983 s. 2. Amended 89
of 1988 s. 4)

'Commissioner' means the Commissioner for Transport; (Added 13 of 1967 s. 2.
Amended 30 of 1967 Schedule)

'driver operated village vehicle' means a motor vehicle having an overall length not
exceeding 3.2 m and an overall width not exceeding 1.2 m constructed or
adapted primarily for the carriage of goods on roads in rural areas or areas
inaccessible or closed to other motor vehicles, in addition to the carriage of a
driver only; (Added 31 of 1986 s. 8)

'first registration' means first registration in accordance with the provisions of the
Road Traffic Ordinance (Cap. 374); (Amended 79 of 1979 s. 2)

'golf cart' means a motor vehicle having an overall length not exceeding 3.2 m and
an overall width not exceeding 1.2 m constructed or intended for use for the
carriage of passengers on golf courses, in addition to the carriage of a driver;
(Added 80 of 1988 s. 17)

'goods vehicle' means a motor vehicle which is constructed or adapted for use
primarily for the carriage of goods, but does not include

(a)a motor tricycle or a motor cycle with or without a sidecar attached
thereto;

(b) a driver operated village vehicle; or

(c)a pedestrian controlled village vehicle; (Replaced 31 of 1986 s. 8)





'light bus' means a motor vehicle having a permitted gross vehicle weight not
exceeding 4 tonnes which is constructed or adapted for use solely for the
carriage of a driver and not more than 16 persons and their personal effects,
but does not include an invalid carriage, motor cycle, motor tricycle, private car
or taxi; (Added 23 of 1983 s. 2. Amended 89 of 1988 s. 4)

'motor cycle' means a two-wheeled motor vehicle with or without a sidecar;
(Replaced 23 of 1983 s. 2)

'motor tricycle' means a three-wheeled motor vehicle other than

(a) a motor cycle with a sidecar;

(b) a driver operated village vehicle; (Replaced 80 of 1988 s. 17)

(c)a pedestrian controlled village vehicle; and (Replaced 80 of 1988 s.
17)

(d) a golf cart; (Added 80 of 1988 s. 17)

(Replaced 31 of 1986 s. 8)
'motor vehicle' means any mechanically propelled vehicle intended or adapted for
use on roads, but does not include any conveyance for use solely on railways or
tramways;

'passenger' includes any person carried in a car except 1 driver;

'pedestrian controlled village vehicle' means a motor vehicle controlled by a
pedestrian, having an overall length not exceeding 3.2 m and an overall width
not exceeding 1.2 m constructed or adapted primarily for the carriage of goods
on roads in rural areas or areas inaccessible or closed to other motor vehicles,
and not constructed or adapted for the carriage of a driver or any passenger;
(Added 31 of l986 s.8)

'private bus' means a bus used or intended for use

(a) otherwise than for hire or reward; or
(b) for the carriage of passengers who are exclusively-

(i)the students, teachers and employees of an educational
institution; or

(ii) disabled persons and persons assisting them, whether or
not for hire or reward; (Added 23 of 1983 s. 2)

'private car' means a motor vehicle constructed or adapted for use solely for the
carriage of a driver and not more than 7 passengers and their personal effects,
but does not include an invalid carriage, motor cycle, motor tricycle, golf cart or
taxi; (Added 23 of 1983 s. 2. Amended 80 of 1988 s. 17)

'private light bus' means a light bus used or intended for use

(a) otherwise than for hire or reward; or
(b) for the carriage of persons who are exclusively-

(i)the students, teachers and employees of an educational
institution; or

(ii) disabled persons and persons assisting them, whether or
not for hire or reward; (Added 23 of 1983 s. 2)






'public bus' means a bus, other than a private bus, which is used or intended for
use for hire or reward; (Added 23 of 1983 s. 2)

'public light bus' means a light bus, other than a private light bus, which is used or
intended for use for hire or reward; (Added 23 of 1983 s. 2)

'road' includes every highway, thoroughfare, street, lane, alley, court, square,
archway, passage, path, way and place to which the public have access, either
continuously or intermittently and either of right or by licence. whether the
same is the property of the Crown or otherwise, and a private road within the
meaning of the Road Traffic Ordinance (Cap. 374); (Amended 80 of 1988 s. 17)

'special purpose vehicle' means a motor vehicle designed, constructed or adapted
primarily for a use other than the carriage on a road of goods. the driver or
passengers; (Added 78 of 1988 s. 2)

',stand or ply for hire' means, in respect of any motor vehicle, being on any road in
motion or stopped and exhibiting any sign or signal, or having a driver who is
exhibiting any sign or signal, indicating that it or any portion of it is available
for hire whether on a predetermined route or otherwise;

'tax' means the tax payable under the provisions of section 3;

'taxi' means any motor vehicle, constructed or adapted for use solely for the
carriage of a driver and not more than 5 persons and their personal effects,
which stands or plies for hire and in which the passengers are carried for hire
or reward under a contract express or implied for the use of the vehicle as a
whole at a rate indicated by the taximeter; (Amended 23 of 1983 s. 2)

'taximeter'. means any appliance for measuring the time or distance for which a taxi
is used, or for measuring both time and distance, or for recording the fare by
time or distance or by a combination of time and distance, which is for the time
being approved for the purpose by the Commissioner. (Amended 13 of 1967 s.
2)

3. Payment of tax

(1) Subject to section 5, on the first registration in the Colony of any

motor vehicle comprised in any of the classes of motor vehicles set out in the
second column of the Schedule, there shall be charged and paid, in addition to any
tax or other charge imposed by any other enactment, a tax equal to such percentage
of the value of such vehicle as is specified in the third column of the Schedule in
relation to the class of motor vehicle in which such vehicle is comprised. (Amended
23 of 1983 s. 3)
(2) Where, after the commencement of this Ordinance, tax is not for
any

reason payable on the first registration of any motor vehicle and subsequently, by
reason of a transfer of the ownership of such vehicle or a change in the use to
which the same is put or otherwise, tax would be payable if the vehicle were then
first registered, tax shall be charged and payable on the happening of such event.





(3) Where tax has been paid on first registration of a motor vehicle and, by
reason of a change in the use to which such vehicle is put, tax at a higher rate than
that paid would be payable if the vehicle were then first registered, further tax shall
be charged and payable on the happening of such event, such further tax being the
difference between the tax paid and the tax payable on first registration of such a
vehicle. (Added 23 of 1983 s. 3)

4. Calculation of value

(1) The value of a motor vehicle for the purposes of this Ordinance shall be

(a)in the case of a new motor vehicle brought into the Colony in such
state and condition as is required for first registration, the price
which an importer would give for the motor vehicle, delivered, freight
and insurance paid, to the Colony;

(b)in the case of a new motor vehicle brought into the Colony not in
such state and condition as is specified in paragraph (a), such value
as is prescribed in that paragraph together with the cost of all
materials and work necessary to bring the motor vehicle into the state
and condition specified in that paragraph;

(c)in the case of a motor vehicle other than a new motor vehicle or a
motor vehicle to which paragraph (d) applies

(i)if the motor vehicle was brought into the Colony not later than
14 days after it ceased to be a new motor vehicle, the price
which an importer would have given for the motor vehicle
delivered as a new motor vehicle, freight and insurance paid, to
the Colony; or

(ii)if the motor vehicle was brought into the Colony later than 14
days after it ceased to be a new motor vehicle, the price which
an importer would have given as aforesaid, less depreciation, at
such rate and in such manner as may be prescribed, for the
period from the date when the motor vehicle ceased to be a new
motor vehicle until the date on which it was brought into the
Colony, excluding therefrom any part of a month of less than 15
days but counting any part of a month of 15 or more days as the
whole month; or

(iii)in either case, where the price which an importer would have
given as aforesaid cannot be ascertained, the market value (as
determined by the Commissioner) of the vehicle in the Colony at
the date on which it was brought into the Colony; or (Replaced
13 of 1967 s. 3)

(d)in the case of a motor vehicle which has been used within the Colony
for any period prior to first registration, being a motor





vehicle which during such period was not required to be
registered, and in the case of a motor vehicle in respect of which
tax is payable under the provisions of section 3(2) or further tax
is payable under the provisions of section 3(3)- (Amended 23
of 1983 s. 4)

(i) if the motor vehicle was brought into the Colony in such state
and condition as was required for first registration, the price
which an importer would, at the time it was brought into the
Colony, have given for the vehicle delivered as a new motor
vehicle, freight and insurance paid, to the Colony less
depreciation, at such rate and in such manner as may be
prescribed, for the period from the date when the vehicle
ceased to be a new motor vehicle or from the date when it was
brought into the Colony, whichever is the earlier, until the date
when it became liable to tax, excluding therefrom any part of a
month of less than 15 days but counting any part of a month
of 15 days or more as the whole month; or

(ii) if the motor vehicle was brought into the Colony not in such
state and condition as aforesaid, the price which an importer
would, at the time it was brought into the Colony, have given
for the vehicle delivered, freight and insurance paid, to the
Colony, together with the cost of all materials and work
necessary to bring the motor vehicle into the state and
condition as was then required for first registration, less
depreciation, at such rate and in such manner as may be
prescribed, for the same period as is specified in subparagraph
(i); or

(iii)in either case, if the value as aforesaid cannot be ascertained, the
market value (as determined by the Commissioner) of the motor
vehicle in the Colony at the date when it became liable to tax.
(Amended 13 of 1967 s. 3)

(2) For the avoidance of doubt, it is hereby declared that, in calculating the
value of any motor vehicle, there shall be included the value of the tyres and of any
spare wheel and spare parts.

(3) In this section, the expression 'new motor vehicle' means a motor vehicle
which has not been used on any road outside the Colony except by the
manufacturer thereof or his agent or by a retailer.

5. Tax not payable in respect of certain motor vehicles

(1) Tax shall not be payable in respect of any motor vehicle imported into the
Colony by a person who is a member of Her Majesty's naval, military or air force
service, being a motor vehicle in respect of which there has been paid in





any country of the Commonwealth a tax or other charge which is the same as or
similar to the tax payable under this Ordinance, whether such tax or charge was
payable in the form of import duty or in the form of purchase tax or otherwise, so
long as such person continues to be a member of such service and such motor
vehicle continues to be owned by such person.

(2) (a)Subject to paragraph (b), tax shall not be payable in respect of a
motor vehicle of a class set out in item 1 (a) or (b) of the Schedule
which is registered by a disabled person as defined in regulation 2 of
the Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg.).

(b)A disabled person shall not be entitled to register a motor vehicle
without payment of tax if he has, within the previous 5 years,
registered a motor vehicle without payment of tax unless the
Commissioner, in his absolute discretion, is satisfied that there are
special circumstances, and in particular and without prejudice to the
foregoing, that the vehicle so registered has been damaged beyond
economic repair or has been stolen and has not been recovered
within a reasonable time. (Added 23 of 1983 s. 5)

6. Refund of tax in certain cases

(1) Where the registration of a motor vehicle, being a vehicle which was
brought into and kept in the Colony for a period or periods not exceeding 3 months,
is cancelled on the ground that the vehicle has been sent permanently out of the
Colony, the Commissioner shall, on application, certify accordingly and thereupon
the tax, if any, paid in respect of that vehicle shall be refunded.

(2) If any motor vehicle, in respect of which the tax has been refunded under
subsection (1), is brought back into the Colony, the re-registration thereof shall, for
the purposes of this Ordinance, be deemed to be the first registration thereof.

(Replaced 13 of 1967 s. 4)

7. Power of Chief Secretary to waive tax in certain cases

The Chief Secretary may, in his absolute discretion, waive payment of tax in
respect of a motor vehicle, the property of a foreign government, brought into the
Colony for a period not exceeding 3 months for the use of an officer of flag rank of
the naval forces of such government while it is so used.

8. Power of Legislative Council to vary rate of tax

The Legislative Council may by resolution vary any rate at which tax is to be
paid.





8A. Transitional provision regarding
public and private buses

Notwithstanding anything contained in this Ordinance apart from this section,
a motor vehicle constructed or adapted for the carriage of 15 or 16 passengers and
registered as a private bus or public bus before the commencement of the Road
Traffic (Amendment) (No. 3) Ordinance 1988 (89 of 1988) shall be deemed to be a
private bus or public bus, as may be appropriate.

(Added 89 of 1988 s. 5)

9. Regulations

The Governor in Council may by regulation provide for

(a) the payment of tax;

(b)anything which by virtue of the provisions of this Ordinance is to be
or maybe prescribed; (Added 13 of 1967 s. 6)

(c) the better carrying out of the provisions of this Ordinance.

10. Retention of documents

Any invoices or other documents produced to the Commissioner for the
purpose of the assessment and calculation of the tax payable in respect of any
vehicle may be retained by the Commissioner and disposed of as he may think fit.

(Added 13 of 1967 s. 5)

11. Appeal

Any person who is aggrieved by any decision of the Commissioner under this
Ordinance may appeal by way of petition to the Governor in Council, and on any
such appeal the Governor in Council may confirm, vary or reverse the decision of
the Commissioner.

(Added 13 of 1967 s. 5)

SCHEDULE [s. 3]

CLASSES OF MOTOR VEHICLES AND RATE OF TAX

Item Class of motor vehicle Rate of tax
1 . Private cars-
(a) where the value of the private car does not exceed $20,000 70
(b) where the value of the private car exceeds $20,000 but does not exceed
$30,000 80
(c) Where the value of the private car exceeds $30,000 90
2. Taxis 15
3. Public light buses and private light buses 15





Item Class of motor vehicle Rate of tax

4.Public buses, except buses which are to be used solely in connection with
operating a public bus service under the Public Bus Services Ordinance (Cap.
230) or under the Kowloon-Canton Railway Corporation Ordinance (Cap.
372) within the North-west Transit Service Area as defined in that

Ordinance ..............................15

5.Private buses, except buses which are to be used soley in connection with the
training of drivers for the purposes of operating a public bus service under the
Public Bus Services Ordinance (Cap. 230) or within the North-west Transit
Service Area under the Kowloon-Canton Railway Corporation

Ordinance (Cap. 372) ...................15

6........Motor cycles ...........................
.................................................................... 70

7..........................Motor tricycles 70
8...........................Goods vehicles 15
9.................Special purpose vehicles 15

(Replaced 11 of 1976 s. 2. Amended 42 of 1978 s. 2; 30 of 1979 s. 2, 31 of 1982 s. 2; 75 of
1982 s. 114; 23 of 1983 s. 6; 56 of 1986 s. 25; 78 of 1988 s. 3)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3248

Edition

1964

Volume

v21

Subsequent Cap No.

330

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:32:28 +0800
<![CDATA[MARINE INSURANCE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3247

Title

MARINE INSURANCE ORDINANCE

Description






LAWS OF HONG KONG

MARINE INSURANCE ORDINANCE

CHAPTER 329





CHAPTER 329.

MARINE INSURANCE ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section. Page.

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

MARINE INSURANCE.
2. Marine insurance defined ................... ... ... ... ... ... ... 5

3. Marine adventure and maritime perils defined ... ... ... ... ... 5

INSURABLE INTEREST.

4. Avoidance of wagering or gaming contracts ... ... ... ... ... 6

5. Insurable interest defined ................. ... ... ... ... ... ... ... 6
6. When interest must attach .................. ... ... ... ... ... ... 6

7. Defensible or contingent interest .......... ... ... ... ... ... ... 7

8. Partial interest ........................... ... ... ... ... ... ... 7
9. Re-insurance ............................... ... ... ... ... ... . 7

10..........Bottomry ........................... ... ... ... ... ... ... ... ... 7

11...................Master's and seamen's wages ... ... ... ... ... ... ... ... ... 7

12.............Advance freight ................. ... ... ... ... ... ... ... ... ... 7

13...............Charges of insurance .......... ... ... ... ... ... ... ... ... ... 7
14...............Quantum of interest ........... ... ... ... ... ... ... ... ... ... 7

15.................Assignment of interest ...... ... ... ... .. ... ... ... ...
7

INSURABLE VALUE.

16...................Measure of insurable value ... ... ... ... ... ... ... ... ... 8

DISCLOSURE AND REPRESENTTIONS.

17..................Insurance is uberrimae fidei ... ... ... ... ... ... ... ... ... 8

18................Disclosure by assured ...... ... ... ... ... ... ... ... ... ... 8

19..........................Disclosure by agent effecting insurance ... ... ... ... ... ... 9
20..........................Representations pending negotiation of contract ... ... ... ... ... 9
21..........................When contract is deemed to be concluded ... ... ... ... ... ... 10

THE POLICY.

22.......................Contract must be embodied in policy ... ... ... ... ... ... ... 10

23...................What policy must specify ... ... ... ... ... ... ... ... ... 10

24..............Signature of insurer .......... ... ... ... ... ... ... ... ... ... 10

25...................Voyages and time policies ... ... ... ... ... ... ... ... ... 10
26...................Designature of subject-matter ... ... ... ... ... ... ... ... ... 10





Section...................................... Page.

27. Valued policy ............................. ... ... ... ... ... 11

28. Unvalued policy . ...................... ... ... ...11
29. Floating policy by ship or ships ....... ... ... ... ... ... ...11
30. Construction of terms in policy ........ ... ... ... ... ... ...11

31. Premium to be arranged ................. ... ... ... ... ... ...11

DOUBLE INSURANCE.

32...............Double insurance .............. ... ... ... ... ... ... ... ... 12

WARRANTIES, ETC.

33...............Nature of warranty ............ ... ... ... ... ... ... ... ... ... 12

34......................When breach of warranty excused ... ... ... .... ... ... ... ... 12

35...............Express warranties ............ ... ... ... ... ... ... ... ... ... 13
36...............Warranty of neutrality ........ ... ... ... ... ... ... ... ... ... 13

37........................No implied warranty of nationality ... ... ... ... ... ... ... 13

38.................Warranty of good safety ..... ... ... ... ... ... ... ... ... ... 13

39........................Warranty of seaworthiness of ship ... ... ... ... ... ... ... 13

40.............................No implied warranty that goods are seaworthy ... ... ... ... ... 14

41...............Warranty of legality .......... ... ... ... ... ... ... ... ... ... 14

THE VOYAGE.

42.............................Implied condition as to commencement of risk ... ... ... ... ... 14

43......................Alteration of port of departure ... ... ... ... ... ... ... ... 14
44......................Sailing for different destination ... ... ... ... ... ... ... ... 14

45...............Change of voyage .............. ... ... ... ... ... ... ... ... 14

46..........Deviation .......................... ... ... ... ... ... ... ... ... 15

47....................Several ports of discharge ... ... ... ... ... ... ... ... ... 15

48.............Delay in voyage ................. ... ... ... ... ... ... ... ... ... 15

49......................Excuses for deviation or delay ... ... ... ... ... ... ... ... 15

ASSIGNMENT OF POLICY.

50. When and how policy is assignable ... ... ... ... ... ... ... ... 16
51. Assured who has no interest cannot assign ... ... ... ... ... ... ... 16

THE PREMIUM.

52. When premium payable ... ... ... ... ... ... ... ... ... ... ... 16
53. Policy effected through broker ... ... ... ... ... .... ... ... ... 16
54. Effect of receipt on policy ... .. ... ... ... ... ... ... ... ... 17

Loss AND ABANDONMENT.

55. Included and excluded losses ... ... ... ... ... ... ... ... ... ... 17
56. Partial and total loss ... ... ... ... ... ... ... ... ... ... ... ... 17











Section. Page

57. Actual total loss ... ... ... ... ... ... ... ... ... ... ... ... ... 18
58. Missing ship ... ... ... ... ... ... ... ... ... ... ... ... ... 18
59. Effect of transhipment, etc . ... ... ... ... ... ... ... ... ... ... 18
60. Constructive total loss defined ... ... ... ... ... ... ... ... ... 18
61. Effect of constructive total loss ... . ... ... ... ... ... ... ... .... 19
62. Notice of abandonment ... ... ... ... ... ... ... ... ... ... ... 19
63. Effect of abandonment ... ... .. ... ... ... . ... ... ... ... ... 19

PARTIAL LOSSES (INCLUDING SALVAGE AND GENERAL
AVERAGE
AND PARTICULAR CHARGES).

64................Particular average loss .... ... ... ... ... ... ... ... ... 20

65............Salvage charges ................ ... ... ... ... ... ... .... ... ... 20
66............General average loss ........... ... ... ... ... ... ... ... ... ... 20

MEASURE OF INDEMNITY.

67.......................Extent of liability of insurer for loss ... ... ... ... ... ... ... 21

68.........Total loss ........................ ... ... ... ... ... ... ... ... 21

69..............Partial loss of ship ......... ... ... ... ... ... ... ... ... ... 21
70..............Partial loss of freight ... ... ... ... ... ... ... ... ... ... ... 22

71..........................Partial loss of goods, merchandise, etc. ... ... ... ... ... 22

72..................Apportionment of valuation ... ... ... ... ... ... ... ... ... 23

73..............................General average contributions and salvage charges ... ... ... ... 23

74..................Liabilities to third parties ... ... ... ... ... ... ... ... ... 23

75............................General provisions as to measure of indemnity ... ... ... ... ... 23

76..................Particular average warranties ... ... ... ... ... ... ... ... ... 24

77..............Successive losses ............ ... ... ... ... ... ... ... ... 24

78..................Suing and labouring clause ... ... ... ... ... ... ... ... ... 24

RIGHTS OF INSURER ON
PAYMENT.

79..............Right of subrogation ......... ... ... ... ... ... ... ... ... ... 25

80................Right of contribution ...... ... ... ... ... ... ... ... .. 25
81................Effect of under insurance ... ... ... ... ... ... ... ... ... ...
25

RETURN OF PREMIUM.

82................Enforcement of return ...... ... ... ... ... ... ... ... ... ... 25

83..............Return by. agreement ......... ... ... ... ... ... ... ... ... ... 25

84.......................Return for failure of consideration ... ... ... ... ... ... ... 26

MUTUAL INSURANCE.

85.................................Modification of Ordinance in case of mutual insurance ... ... ... 27





Section. Page.

SUPPLEMENTAL
.

86. Ratification by assured ... ... ... ... ... ... ... ... ... ... ... 27
87. Implied obligations varied by agreement or usage ... ... ... ... ... 27
88. Reasonable time, etc. a question of fact ... ... ... ... ... ... ... 27
89. Slip as evidence ... ... ... ... ... ... ... ... ... ... ... ... ... 27
90. Interpretation of terms ... ... ... ... ... ... ... ... ... ... ... 27
91. Saving ... ... ... ... ... ... ... ... ... ... ... . ... ... ... ... 28
92. Prohibition of gambling on loss by maritime perils ... ... ... ... ... 28

Schedule. Form of Policy and Rules for construction of policy ... ... ... ... 29





CHAPTER 329.

MARINE INSURANCE.

To codify the law relating to marine insurance.

[9th June, 1961.]

1. This Ordinance may be cited as the Marine* Insurance
Ordinance.

MARINE
INSURANCE.

2. (1) A contract of marine insurance is a contract whereby the
insurer undertakes to indemnify the assured. in manner and to the extent
thereby agreed, against marine losses, that is to say, the losses incident
to marine adventure.

(2) A contract of marine insurance may. by its express terms, or by
usage of trade. be extended so as to protect the assured against losses
on inland waters or on any land risk which may be incidental to any sea
voyage.

(3) Where a ship in course of building, or the launch of a ship, or
any adventure analogous to a marine adventure, is covered by a policy
in the form of a marine policy, the provisions of this Ordinance, in so far
as applicable. shall apply thereto; but, except as by this section
provided, nothing in this Ordinance shall alter or affect any rule of law
applicable to any contract of insurance other than a contract of marine
insurance as by this Ordinance defined.

3. (1) Subject to the provisions of this Ordinance. every lawful
marine adventure may be the subject of a contract of marine insurance.

(2) In particular there is a marine adventure where-

(a)any ship goods or other movables are exposed to maritime
peril. Such property is in this Ordinance referred to as
'insurable property'

(b)the earning or acquisition of any freight, passage money,
commission, profit, or other pecuniary benefit, or the security
for any advances, loan, or disbursements, is endangered by
the exposure of insurable property. to maritime perils;

(c)any liability to a third party may be incurred by the owner of,
or other person interested in or responsible for, insurable
property, by reason of maritime perils.

(3) For the purposes of this Ordinance, 'maritime perils' means the
perils consequent on, or incidental to, the navigation





of the sea, that is to say, perils of the seas, fire, war perils, pirates,
rovers, thieves, captures, seizures, restraints, and detainments of
princes and peoples, jettisons, barratry, and any other perils, either of
the like kind or which may be designated by the policy.

INSURABLE
INTEREST.

4. (1) Every contract of marine insurance by way of gaming or
wagering is void.

(2) A contract of marine insurance is deemed to be a gaming or
wagering contract

(a)where the assured has not an insurable interest as defined by
this Ordinance, and the contract is entered into with no
expectation of acquiring such an interest; or

(b)where the policy is made 'interest or no interest' or 'without
further proof of interest than the policy itself', or 'without
benefit of salvage to the insurer', or subject to any other like
term:

Provided that. where there is no possibility of salvage, a
policy may be effected without benefit of salvage to the
insurer.

5. (1) Subject to the provisions of this Ordinance, every person has
an insurable interest who is interested in a marine adventure.

( 2) In particular a person is interested in a marine adventure where
he stands in any legal or equitable relation to the adventure or to any
insurable property at risk therein, in consequence of which he may
benefit by the safety or due arrival of insurable property, or may be
prejudiced by its loss, or by damage thereto, or by the detention thereof,
or may incur liability in respect thereof.

6. (1) The assured must be interested in the subject-matter insured
at the time of the loss though he need not be interested when the
insurance is effected:

Provided that where the subject-matter is insured 'lost or not lost',
the assured may recover although he may not have acquired his interest
until after the loss. unless at the time of effecting the contract of
insurance the assured was aware of the loss, and the insurer was not.

(2) Where the assured has no interest at the time of the loss. he
cannot acquire interest by any act or election. after he is aware of the
loss.





7. (1) A defeasible interest is insurable, as also is a contingent
interest.

(2) In particular, where the buyer of goods has insured them. he
has an insurable interest, notwithstanding that he might. at his election.
have rejected the goods. or have treated them as at the seller's risk, by
reason of the latter's delay in making delivery or otherwise.

8. A partial interest of any nature is insurable.

9. (1) The insurer under a contract of marine insurance has an
insurable interest in his risk. and may re-insure in respect of it.

(2) Unless the policy otherwise provides. the original assured has
no right or interest in respect of such re-insurance.

10. The lender of money on bottomry or respondentia has an
insurable interest in respect of the loan.

11. The master or any member of the crew of a ship has an
insurable interest in respect of his wages.

12. In the case of advance freight, the person advancing the freight
has an insurable interest, in so far as such freight is not repayable in
case of loss.

13. The assured has an insurable interest in the charges of any
insurance which he may effect.

14. (1) Where the subject-matter insured is mortgaged, the
mortgagor has an insurable interest in the full value thereof, and the
mortgagee has an insurable interest in respect of any sum due or to
become due under the mortgage.

(2) A mortgagee, consignee. or other person having an interest in
the subject-matter insured may insure on behalf and for the benefit of
other persons interested as well as for his own benefit.

(3) The owner of insurable property has an insurable interest in
respect of the full value thereof, notwithstanding that some third person
may have agreed, or be liable, to indemnify him in case of loss.

15. Where the assured assigns or otherwise parts with his interest
in the subject-matter insured, he does not thereby transfer to the
assignee his rights under the contract of insurance, unless there be an
express or implied agreement with the assignee to that effect.

But the provisions of this section do not affect a transmission of
interest by operation of law.





INSURABLE VALUE.

16. Subject to any express provision or valuation in the policy, the
insurable value of the subject-matter insured must be ascertained as
follows

(a)in insurance on ship, the insurable value is the value, at the
commencement of the risk, of the ship, including her outfit,
provisions and stores for the officers and crew, money
advanced for seamen's wages, and other disbursements (if
any) incurred to make the ship fit for the voyage or adventure
contemplated by the policy, plus the charges of insurance
upon the whole:

The insurable value. in the case of a steamship, includes
also the machinery, boilers, and coals and engine stores if
owned by the assured, and, in the case of a ship engaged in a
special trade, the ordinary fittings requisite for that trade;

(b)in insurance on freight, whether paid in advance or other.wise.
the insurable value is the gross amount of the freight at the risk
of the assured, plus the charges of insurance;

(c)in insurance on goods or merchandise, the insurable value is
the prime cost of the property insured, plus the expenses of
and incidental to shipping and the charges of insurance upon
the whole;

(d)in insurance on any other subject-matter, the insurable value
is the amount at the risk of the assured when the policy
attaches. plus the charges of insurance.

DISCLOSURE AND
REPRESENTATIONS.

17. A contract of marine insurance is a contract based upon the
utmost good faith, and, if the utmost good faith be not observed by
either party, the contract may be avoided by the other party.

18. (1) Subject to the provisions of this section, the assured must
disclose to the insurer, before the contract is concluded. every material
circumstance which is known to the assured, and the assured is deemed
to know every circumstance which, in the ordinary course of business,
ought to be known by him. If the assured fails to make such disclosure,
the insurer may avoid the contract.

(2) Every circumstance is material which would influence the
judgment of a prudent insurer in fixing the premium. or determining
whether he will take the risk.





(3) In the absence of inquiry the following circumstances need not
be disclosed, namely

(a) any circumstance which diminishes the risk;

(b)any circumstance which is known or presumed to be known to
the insurer. The insurer is presumed to know matters of
common notoriety or knowledge, and matters which an insurer
in the ordinary course of his business, as such. ought to know;

(c)any circumstance as to which information is waived by the
insurer;

(d)any circumstance which it is superfluous to disclose by reason
of any express or implied warranty.

(4) Whether any particular circumstance, which is not disclosed, be
material or not is, in each case, a question of fact.

(5) The term 'circumstance' includes any communication made to.
or information received by. the assured.

19. Subject to the provisions of section 18 as to circumstances
which need not be disclosed, where an insurance is effected for the
assured by an agent, the agent must disclose to the insurer--

(a)every material circumstance which is known to himself and an
agent to insure is deemed to know every circumstance which
in the ordinary course of business ought to be known by, or
to have been communicated to. him; and

(b)every material circumstance which the assured is bound to
disclose, unless it comes to his knowledge too late to
communicate it to the agent.

20. (1) Every material representation made by the assured or his
agent to the insurer during the negotiations for the contract, and before
the contract is concluded, must be true. If it be untrue the insurer may
avoid the contract.

(2) A representation is material which would influence the
judgment of a prudent insurer in fixing the premium, or determining
whether he will take the risk.

(3) A representation may be either a representation as to a matter
of fact, or as to a matter of expectation or belief.

(4) A representation as to a matter of fact is true, if it be
substantially correct, that is to say, if the difference between what is
represented and what is actually correct would not be considered
material by a prudent insurer.

(5) A representation as to a matter of expectation or belief is true if
it be made in good faith.





(6) A representation may be withdrawn or corrected before the
contract is concluded.

(7) Whether a particular representation be material or not is, in each
case, a question of fact.

21. A contract of marine insurance is deemed to be concluded when
the proposal of the assured is accepted by the insurer, whether the
policy be then issued or not; and, for the purpose of showing when the
proposal was accepted, reference may be made to the slip or covering
note or other customary memorandum of the contract.

THE POLICY.

22. Subject to the provisions of any Ordinance, a contract of marine
insurance is inadmissible in evidence unless it is embodied in a marine
policy in accordance with this Ordinance. The policy may be executed
and issued either at the time when the contract is concluded, or
afterwards.

23. A marine policy must specify the name of the assured, or of
some person who effects the insurance on his behalf.

24. (1) A marine policy must be signed by or on behalf of the insurer,
provided that in the case of a corporation the corporate seal may be
sufficient, but nothing in this section shall be construed as requiring the
subscription of a corporation to be under seal.

(2) Where a policy is subscribed by or on behalf of two or more
insurers, each subscription, unless the contrary be expressed,
constitutes a distinct contract with the assured.

25. Where the contract is to insure the subject-matter 'at and from',
or from one place to another or others. the policy is called a 'voyage
policy', and where the contract is to insure the subject-matter for a
definite period of time the policy is called a 'time policy'. A contract for
both voyage and time may be included in the same policy.

26. (1) The subject-matter insured must be designated in a' marine
policy with reasonable certainty.

(2) The nature and extent of the interest of the assured in the
subject-matter insured need not be specified in the policy.

(3) Where the policy designates the subject-matter insured in
general terms, it shall be construed to apply to the interest intended by
the assured to be covered.

(4) In the application of this section regard shall be had to any
usage regulating the designation of the subject-matter insured.





21. (1) A policy may be either valued or unvalued.

(2) A valued policy is a policy which specifies the agreed value of
the subject-matter insured.

(3) Subject to the provisions of this Ordinance, and in the absence
of fraud. the value fixed by the policy is, as between the insurer and
assured, conclusive of the insurable value of the subject intended to be
insured, whether the loss be total or partial.

(4) Unless the policy otherwise provides, the value fixed by the
policy is not conclusive for the purpose of determining whether there
has been a constructive total loss. ,

28. An unvalued policy is a policy which does not specify the
value of the subject-matter insured, but subject to the limit of the sum
insured, leaves the insurable value to be subsequently ascertained. in
the manner hereinbefore specified.

29. (1) A floating policy is a policy which describes the insurance
in general terms. and leaves the name of the ship or ships and other
particulars to be defined by subsequent declaration.

(2) The subsequent declaration or declarations may be made by
endorsement on the policy, or in other customary manner.

(3) Unless the policy otherwise provides, the declarations must be
made in the order of dispatch or shipment. They must, in the case of
goods, comprise all consignments within the terms of the policy, and the
value of the goods or other property must be honestly stated, but an
omission or erroneous declaration may be rectified even after loss or
arrival. provided the omission or declaration was made in good faith.

(4) Unless the policy otherwise provides. where a declaration of
value is not made until after notice of loss or arrival, the policy must be
treated as an unvalued policy as regards the subjectmatter of that
declaration.

30. (1) A policy may be in the form in the Schedule.

(2) Subject to the provisions of this Ordinance, and unless the
context of the policy otherwise requires, the terms and expressions
mentioned in the Schedule shall be construed as having the scope and
meaning in that schedule assigned to them.

31. (1) Where an insurance is effected at a premium to be arranged,
and no arrangement is made, a reasonable premium is payable.

(2) Where an insurance is effected on the terms that an additional
premium is to be arranged in a given event, and that event happens but
no arrangement is made, then a reasonable additional premium is
payable.





DOUBLE INSURANCE,

32. (1) Where two or more policies are effected by or on behalf of
the assured on the same adventure and interest or any part thereof, and
the sums insured exceed the indemnity allowed by this Ordinance, the
assured is said to be over-insured by double insurance.

(2) Where the assured is over-insured by double insurance-

(a)the assured, unless the policy otherwise provides, may claim
payment from the insurers in such order as he may think fit.
provided that he is not entitled to receive any sum in excess of
the indemnity allowed by this Ordinance;

(b)where the policy under which the assured claims is a valued
policy, the assured must give credit as against the valuation
for any sum received by him under any other policy without
regard to the actual value of the subject-matter insured;

(c)where the policy under which the assured claims is an
unvalued policy he must give credit, as against the full
insurable value. for any sum received by him under any other
policy;

(d)where the assured receives any sum in excess of the
indemnity allowed by this Ordinance, he is deemed to hold
such sum in trust for the insurers, according to their right of
contribution among themselves.

WARRANTIES, ETC.

33. (1) A warranty, in the following sections relating to warranties,
means a promissory warranty, that is to say, a warranty by which the
assured undertakes that some particular thing shall or shall not be done.
or that some condition shall be fulfilled, or whereby he affirms or
negatives the existence of a particular state of facts.

(2) A warranty may be express or implied.

(3) A warranty, as above defined, is a condition which must be
exactly complied with, whether it be material to the risk or not. If it be not
so complied with. then, subject to any express provision in the policy,
the insurer is discharged from liability as from the date of the breach of
warranty, but without prejudice to any liability incurred by him before
that date.

34. (1) Non-compliance with a warranty is excused when. by reason
of a change of circumstances, the warranty ceases to be applicable to
the circumstances of the contract, or when comphance with the
warranty is rendered unlawful by any subsequent law.





(2) Where a warranty is broken. the assured cannot avail himself of
the defence that the breach has been remedied, and .the warranty
complied with, before, loss.

(3) A breach of warranty may be waived by the insurer.

35. (1) An express warranty may be in any form of words from
which the intention to warrant is to be inferred.

(2) An express warranty must be included in. or written upon, the
policy, or must be contained in some document incorporated by
reference into the policy.

(3) An express warranty does not exclude an implied warranty,
unless it be inconsistent therewith.

36. (1) Where insurable property. whether ship or goods, is
expressly warranted neutral, there is an implied condition that the
property shall have a neutral character at the commencement of the risk.
and that, so far as the assured can control the matter, its neutral
character shall be preserved during the risk.

(2) Where a ship is expressly warranted 'neutral' there is also an
implied condition that. so far as the assured can control the matter, she
shall be properly documented. that is to say, that she shall carry the
necessary papers to establish her neutrality, and that she shall not
falsify or suppress her papers, or use simulated papers. If any loss
occurs through breach of this condition. the insurer may avoid the
contract.

37. There is no implied warranty as to the nationality of a ship, or
that her nationality shall not be changed during the risk.

38. Where the subject-matter insured is warranted 'well' or 'in
good safety' on a particular day, it is sufficient if it be safe at any time
during that day.

39. (1) In a voyage policy there is an implied warranty that at the
commencement of the voyage the ship shall be seaworthy for the
purpose of the particular adventure insured.

(2) Where the policy attaches while the ship is in port, there is also
an implied warranty that she shall, at the commencement of the risk, be
reasonably fit to encounter the ordinary perils of the port.

(3) Where the policy relates to a voyage which is performed in
different stages, during 'which the ship requires different kinds of or
further preparation or equipment, there is an implied warranty that at the
commencement of each stage the ship is seaworthy in respect of such
preparation or equipment for the purposes of that stage.





(4) A ship is deemed to be seaworthy when she is reasonably fit in
all respects to encounter the ordinary perils of the seas of the adventure
insured.

(5) In a time policy there is no implied warranty that the ship shall
be seaworthy at any stage of the adventure, but where, with the privity
of the assured the ship is sent to sea in an unseaworthy state, the
insurer is not liable for any loss attributable to unseaworthiness.

40. (1) In a policy on goods or other movables there is no implied
warranty that the goods or movables are seaworthy.

(2) In a voyage policy on goods or other movables there is an
implied warranty that at the commencement of the voyage the ship is not
only seaworthy as a ship. but also that she is reasonably fit to carry the
goods or other movables to. the destination contemplated by the policy.

41. There is an implied warranty that the adventure insured is a
lawful one, and that, so far as the assured can control the matter, the
adventure shall be carried out in a lawful manner.

THE VOYAGE.

42. (1) Where the subject-matter is insured by a voyage policy 'at
and from' or 'from' a particular place, it is not necessary that the ship
should be at that place when the contract is concluded, but there is an
implied condition that the adventure shall be commenced within a
reasonable time, and that if the adventure be not so commenced the
insurer may avoid the contract.

(2) The implied condition may be negatived by showing that the
delay was caused by circumstances known to the insurer before the
contract was concluded, or by showing that he waived the condition.

43. Where the place of departure is specified by the policy. and the
ship instead of sailing from that place sails from any other place, the risk
does not attach.

44. Where the destination is specified in the policy, and the ship,
instead of sailing for that destination, sails for any other destination, the
risk does not attach.

45. (1) Where, after the commencement of the risk, the destination
of the ship is voluntarily changed from the destination contemplated by
the policy. there is said to be a change of voyage.





(2) Unless the policy otherwise provides, where there is a change
of voyage, the insurer is discharged from liability as from the time of
change, that is to say, as from the time when the determination to
change it is manifested; and it is immaterial that the ship may not in fact
have left the course of voyage contemplated by the policy when the
loss occurs.

46. (1) Where a ship, without lawful excuse, deviates from the
voyage contemplated by the policy, the insurer is discharged from
liability as from the time of deviation, and it is immaterial that the ship
may have regained her route before any loss occurs.

(2) There is a deviation from the voyage contemplated by the
policy--

(a) where the course of the voyage is specifically designated
by the policy. and that course is departed from., or

(b)where the course of the voyage is not specifically designated
by the policy, but the usual and customary course is departed
from.

(3) The intention to deviate is immaterial; there must be a deviation
in fact to discharge the insurer from his liability under the contract.

47. (1) Where several ports of discharge are specified by the policy,
the ship may proceed to all or any of them, but, in the absence of any
usage or sufficient cause to the contrary, she must proceed to them. or
such of them as she goes to, in the order designated by the policy. If
she does not there is a deviation.

(2) Where the policy is to 'ports of discharge', within a given area,
which are not named. the ship must, in the absence of any usage or
sufficient cause to the contrary. proceed to them, or such of them as she
goes to, in their geographical order. If she does not there. is a deviation.

48. In the case of a voyage policy, the adventure insured must be
prosecuted throughout its course with reasonable dispatch, and if
without lawful excuse it is not so prosecuted, the insurer is discharged
from liability as from the time when the delay became unreasonable.

49. (1) Deviation or delay in prosecuting the voyage contemplated
by the policy is excused

(a) where authorized by any special term in the policy; or

(b)where caused by circumstances beyond the control of the
master and his employer; or

(c)where reasonably necessary in order to comply with an
express or implied warranty; or





(d)where reasonably necessary for the safety of the ship or
subject-matter insured; or

(e)for the purpose of saving human life, or aiding a ship in
distress where human life may be in danger; or

where reasonably necessary for the purpose of obtaining
medical or surgical aid for any person on board the ship; or

(g)where caused by the barratrous conduct of the master or crew,
if barratry be one of the perils insured against.

(2) When the cause excusing the deviation or delay ceases to
operate, the ship must resume her course, and prosecute her voyage.
with reasonable dispatch.

ASSIGNMENT OF POLICY.

50. (1) A marine policy is assignable unless it contains terms
expressly prohibiting assignment. It may be assigned either before or
after loss.

(2) Where a marine policy has been assigned so as to pass the
beneficial interest in such policy, the assignee of the policy is entitled to
sue thereon in his own name; and the defendant is entitled to make any
defence arising out of the contract which he would have been entitled to
make if the action had been brought in the name of the person by or on
behalf of whom the policy was effected.

(3) A marine policy may be assigned by endorsement thereon or in
other customary manner.

51. Where the assured has parted with or lost his interest in the
subject-matter insured, and has not, before or at the time of so doing,
expressly or impliedly agreed to assign the policy, any subsequent
assignment of the policy is inoperative:

Provided that nothing in this section affects the assignment of a
policy after loss.

THE PREMIUM.

52. Unless otherwise agreed, the duty of the assured or his agent to
pay the premium, and the duty of the insurer to issue the policy to the
assured or his agent, are concurrent conditions, and the insurer is not
bound to issue the policy until payment or tender of the premium.

53. (1) Unless otherwise agreed. where a marine policy is effected
on behalf of the assured by a broker, the broker is directly responsible to
the insurer for the premium, and the insurer is directly responsible to the
assured for the amount which may be payable in respect of losses. or in
respect of returnable premium.





(2) Unless otherwise agreed, the broker has. as against the assured,
a lien upon the policy for the amount of the premium and his charges in
respect of effecting the policy; and, where he has dealt with the person
who employs him as a principal, he has also a lien on the policy in
respect of any balance on any insurance account which may be due to
him from such person, unless when the debt was incurred he had reason
to believe that such person was only an agent.

54. Where a marine policy effected on behalf of the assured by a
broker acknowledges the receipt of the premium, such acknowledgment
is. in the absence of fraud, conclusive as between the insurer and the
assured, but not as between the insurer and broker.

Loss AND ABANDONMENT.

55. (1) Subject to the provisions of this Ordinance, and unless the
policy otherwise provides. the insurer is liable for any loss proximately
caused by a peril insured against, but, subject as aforesaid, he is not
liable for any loss which is not proximately caused by a peril insured
against.

(2) In particular-

(a)the insurer is not liable for any loss attributable to the wilful
misconduct of the assured, but. unless the policy otherwise
provides. he is liable for any loss proximately caused by a
peril insured against. even though the loss would not have
happened but for the misconduct or negligence of the master
or crew;

(b)unless the policy otherwise provides, the insurer on ship or
goods is not liable for any loss proximately caused by delay,
although the delay be caused by a peril insured against,

(c)unless the policy otherwise provides, the insurer is not liable
for ordinary wear and tear. ordinary leakage and breakage,
inherent vice or nature of the subject-matter insured, or for
any loss proximately caused by rats or vermin. or for any
injury to machinery not proximately caused by maritime perils.

56. (1) A loss may be either total or partial. Any loss other than a
total loss, as hereinafter defined, is a partial loss.

(2) A total loss may be either an actual total loss, or a constructive
total loss.

(3) Unless a different intention appears from the terms of the
policy, an insurance against total loss includes a constructive, as well
as an actual, total loss.





(4) Where the assured brings an action for a total loss and the
evidence proves only a partial loss, he may, unless the policy otherwise
provides, recover for a partial loss.

(5) Where goods reach their destination in specie, but by reason of
obliteration of marks, or otherwise, they are incapable of identification,
the loss, if any, is partial, and not total.

57. (1) Where the subject-matter insured is destroyed, or so
damaged as to cease to he a thing of the kind insured, or where the
assured is irretrievably deprived thereof, there is an actual total loss.

(2) In the case of an actual total loss no notice of abandonment
need be given.

58. Where the ship concerned in the adventure is missing, and after
the lapse of a reasonable time no news of her has been received, an
actual total loss may be presumed.

59. Where, by a peril insured against, the voyage is interrupted at
an intermediate port or place, under such circumstances as, apart from
any special stipulation in the contract of affreigtment to justify the
master in landing and re-shipping the goods or other movables, or in
transhipping them, and sending them on to their destination, the liability
of the insurer continues notwithstanding the landing or transhipment.

60. (1) Subject to any express provision in the policy, there is a
constructive total loss where the subject-matter insured is reasonably
abandoned on account of its actual total loss appearing to be
unavoidable, or because it could not be preserved from actual total loss
without an expenditure which would exceed its value when the
expenditure had been incurred.

(2) In particular, there is a constructive total loss-

(a)where the assured is deprived of the possession of his ship or
goods by a peril insured against, and (i) it is unlikely that he
can recover the ship or goods, as the case may be, or (ii) the
cost of recovering the ship or goods, as the case may be,
would exceed their value when recovered; or

(b)in the case of damage to a ship, where she is so damaged by a
peril insured against that the cost of repairing the damage
would exceed the value of the ship when repaired.

In estimating the cost of repairs, no deduction is to be
made in respect of general average contributions to those
repairs payable by other interests, but account is to be taken
of the expense of future salvage operations and of any future
general average contributions to which the ship would be
liable if repaired; or





(c)in the case of damage to goods, where the cost of repairing
the damage and forwarding the goods to their destination
would exceed their value on arrival.

61. Where there is a constructive total loss the assured may either
treat the loss as a partial loss, or abandon the subjectmatter insured to
the insurer and treat the loss as if it were an actual total loss.

62. (1) Subject to the provisions of this section, where the assured
elects to abandon the subject-matter insured to the insurer, he must
give notice of abandonment. If he fails to do so the loss can only be
treated as a partial loss.

(2) Notice of abandonment may be given in writing, or by word of
mouth. or partly in writing and partly by word of mouth, and may be
given in any terms which indicate the intention of the assured to
abandon his insured interest in the subject-matter insured
unconditionally to the insurer.

(3) Notice of abandonment must be given with reasonable diligence
after the receipt of reliable information of the loss, but where the
information is of a doubtful character the assured is entitled to a
reasonable time to make inquiry.

(4) Where notice of abandonment is properly given, the rights of
the assured are not prejudiced by the fact that the insurer refuses to
accept the abandonment.

(5) The acceptance of an abandonment may be either express or
implied from the conduct of the insurer. The mere silence of the insurer
after notice is not an acceptance.

(6) Where notice of abandonment is accepted the abandonment is
irrevocable. The acceptance of the notice conclusively admits liability
for the loss and the sufficiency of the notice.

(7) Notice of abandonment is unnecessary where, at the time when
the assured receives information of the loss, there would be no
possibility of benefit to the insurer if notice were given to him.

(8) Notice of abandonment may be waived by the insurer.

(9) Where an insurer has re-insured his risk, no notice of
abandonment need be given by him.

63. (1) Where there is a valid abandonment the insurer is entitled to
take over the interest of the assured in whatever may remain of the
subject-matter insured, and all proprietary rights incidental thereto.

(2) Upon the abandonment of a ship, the insurer thereof is entitled
to any freight in course of being earned, and which is





earned by her subsequent to the casualty causing the foss, less the
expenses of earning it incurred after the casualty; and, where the ship is
carrying the owner's goods, the insurer is entitled to a reasonable
remuneration for the carriage of them subsequent to the casualty
causing the loss.

PARTIAL LOSSES (INCLUDING SALVAGE AND GENERAL
AVERAGE
AND PARTICULAR CHARGES).

64. (1) A particular average loss is a partial loss of the subject-
matter insured, caused by a peril insured against, and which is not a
general average loss.

(2) Expenses incurred by or on behalf of the assured for the safety
or preservation of the subject-matter insured, other than general average
and salvage charges, are called particular charges. Particular charges are
not included in particular average.

65. (1) Subject to any express provision in the policy, salvage
charges incurred in preventing a loss by perils insured against may be
recovered as a loss by those perils.

(2) 'Salvage charges' means the charges recoverable under
maritime law by a salvor independently of contract. They do not include
the expenses of services in the nature of salvage rendered by the
assured or his agents, or any person employed for hire by them, for the
purpose of averting a peril insured against. Such expenses, where
properly incurred, may be recovered as particular charges or as a general
average loss, according to the circumstances under which they were
incurred.

66. (1) A general average loss is a loss caused by or directly
consequential on a general average act. It includes a general average
expenditure as well as a general average sacrifice.

(2) There is a general average act where any extraordinary sacrifice
or expenditure is voluntarily and reasonably made or incurred in time
of peril for the purpose of preserving the property imperilled in the
common adventure.

(3) Where there is a general average loss, the party on whom it falls
is entitled. subject to the conditions imposed by maritime law, to a
rateable contribution from the other parties interested, and such
contribution is called a general average, contribution.

(4) Subject to any express provision in the policy, where the
assured has incurred a general average expenditure, he may recover
from the insurer in respect of the proportion of the loss which falls upon
him; and, in the case of a general average sacrifice, he may recover from
the insurer in respect of the whole loss without having enforced his
right of contribution from the other parties liable to contribute.





(5) Subject to any express provision in the policy, where the
assured has paid, or is liable to pay, a general average contribution in
respect of the subject insured, he may recover therefor from the insurer.

(6) In the absence of express stipulation. the insurer is not liable for
any general average loss or contribution where the loss was not
incurred for the purpose of avoiding, or in connexion with the
avoidance of, a peril insured against.

(7) Where ship, freight, and cargo, or any two of those interests,
are owned by the same assured. the liability of the insurer in respect of
general average losses or contributions is to be determined as if those
subjects were owned by different persons.

MEASURE OF
INDEMNITY.

67. (1) The sum which the assured can recover in respect of a loss
on a policy by which he is insured, in the case of an unvalued policy to
the fun extent of the insurable value. or, in the case of a valued policy to
the full extent of the value fixed by the policy. is called the measure of
indemnity.

(2) Where there is a loss recoverable under the policy. the insurer,
or each insurer if there be more than one, is liable for such proportion of
the measure of indemnity as the amount of his subscription bears to the
value fixed by the policy in the case of a valued policy, or to the
insurable value in the case of an unvalued policy.

68. Subject to the provisions of this Ordinance and to any express
provision in the policy, where there is a total loss of the subject-matter
insured

(a)if the policy be a valued policy, the measure of indemnity is
the sum fixed by the policy;

(b)if the policy be an unvalued policy. the measure of indemnity
is the insurable value of the subject-matter insured.

69. Where a ship is damaged, but is not totally lost, the measure of
indemnity, subject to any express provision in the policy, is as follows

(a)where the ship has been repaired, the assured is entitled to
the reasonable cost of the repairs, less the customary
deductions, but not exceeding the sum insured in respect of
any one casualty;

(b)where the ship has been only partially repaired. the assured is
entitled to the reasonable cost of such repairs, computed as
above, and also to be indemnified for the





reasonable depreciation, if any, arising from the unrepaired
damage, provided that the aggregate amount shall not exceed
the cast of repairing the whole damage, computed as above;

(c)where the ship has not been repaired, and has not been sold
in her damaged state during the risk, the assured is entitled to
be indemnified for the reasonable depreciation arising from the
unrepaired damage, but not exceeding the reasonable cost of
repairing such damage, computed as above.

70. Subject to any express provision in the policy, where there is a
partial loss of freight, the measure of indemnity is such proportion of the
sum fixed by the policy in the case of a valued policy, or of the insurable
value in the case of an unvalued policy, as the proportion of freight lost
by the assured bears to the whole freight at the risk of the assured
under the policy.

71. Where there is a partial loss of goods, merchandise, or other
movables, the measure of indemnity, subject to any express provision in
the policy, is as follows

(a)where part of the goods, merchandise or other movables
insured by a valued policy is totally lost, the measure of
indemnity is such proportion of the sum fixed by the policy as
the insurable value of the part lost bears to the insurable value
of the whole, ascertained as in the case of an unvalued policy;

(b)where part of the goods, merchandise, or other movables
insured by an unvalued policy is totally lost, the measure of
indemnity is the insurable value of the part lost, as-certained
as in case of total loss;

(c)where the whole or any part of the goods or merchandise
insured has been delivered damaged at its destination, the
measure of indemnity is such proportion of the sum fixed by
rthe policy in the case of a valued policy, or of the insurable
value in the case of an unvalued policy, as the difference
between the gross sound and damaged values at the place of
arrival bears to the gross sound value;

(d)'Gross value' means the wholesale price or, if there be no
such price, the estimated value, with, in either case, freight,
landing charges, and duty paid beforehand; provided that, in
the case of goods or merchandise customarily sold in bond,
the bonded price is deemed to be the gross value. 'Gross
proceeds' means the actual price obtained at a sale where all
charges on sale are paid by the sellers.





72. (1) Where different species of property are insured under a single
valuation. the valuation must be apportioned over the different species
in proportion to their respective insurable values, as in the case of an
unvalued policy. The insured value of any part of a species is such
proportion of the total insured value of the same as the insurable value
of the part bears to the insurable value of the whole, ascertained in both
cases as provided by this Ordinance.

(2) Where a valuation has to be apportioned, and particulars of the
prime cost of each separate species. quality, or description of goods
cannot be ascertained, the division of the valuation may be made over
the net arrived sound values of the different species, qualities. or
descriptions of goods.

73. (1) Subject to any express provision in the policy. where the
assured has paid, or is liable for, any general average conribution, the
measure of indemnity is the full amount of such contribution, if the
subject-matter liable to contribution is insured for its full contributory
value; but. if such subject-matter be not insured for its full contributory
value, or if only part of it be insured, the indemnity payable by the
insurer must be reduced in proportion to the under insurance, and where
there has been a particular average loss which constitutes a deduction
from the contributory value, and for which the insurer is liable, that
amount must be deducted from the insured value in order to ascertain
what the insurer is liable to contribute.

(2) Where the insurer is liable for salvage charges the extent of his
liability must be determined on the like principle.

74. Where the assured has effected an insurance in express terms
against any liability to a third party, the measure of indemnity, subject
to any express provision in the policy, is the amount paid or payable by
him to such third party in respect of such liability.

75. (1) Where there has been a loss in respect of any subject-matter
not expressly provided for in the foregoing provisions of this
Ordinance. the measure of indemnity shall be ascertained, as nearly as
may be, in accordance with those provisions. in so far as applicable to
the particular case.

(2) Nothing in the provisions of this Ordinance relating to the
measure of indemnity shall affect the rules relating to double insurance,
or prohibit the insurer from disproving interest wholly or in part, or from
showing that at the time of the loss the whole or any part of the subject-
matter insured was not at risk under the policy.





76. (1) Where the subject-matter insured is warranted free from
particular average, the assured cannot recover for a loss of part, other
than a loss incurred by a general average sacrifice, unless the contract
contained in the policy be apportionable; but, if the contract be
apportionable, the assured may recover for a total loss of any
apportionable part.

(2) Where the subject-matter insured is warranted free from
particular average, either wholly or under a certain percentage, the
insurer is nevertheless liable for salvage charges, and for particular
charges and other expenses properly incurred pursuant to the
provisions of the suing and labouring clause in order to avert a loss
insured against.

(3) Unless the policy otherwise provides, where the subjectmatter
insured is warranted free from particular average under a specified
percentage, a general average loss cannot be added to a particular
average loss to make up the specified percentage.

(4) For the purpose of ascertaining whether the specified
percentage has been reached, regard shall be had only to the actual loss
suffered by the subject-matter insured. Particular charges and the
expenses of and incidental to ascertaining and proving the loss must be
excluded.

77. (1) Unless the policy otherwise provides, and subject to the
provisions of this Ordinance, the insurer is liable for successive losses,
even though the total amount of such losses may exceed the sum
insured.

(2) Where, under the same policy, a partial loss, which has not
been repaired or otherwise made good, is followed by a total loss, the
assured can only recover in respect of the total loss:

Provided that nothing in this section shall affect the liability of the
insurer under the suing and labouring clause.

78. (1) Where the policy contains a suing and labouring clause, the
engagement thereby entered into is deemed to be supplementary to the
contract of insurance, and the assured may recover from the insurer any
expenses properly incurred pursuant to the clause, notwithstanding that
the insurer may have paid for a total loss. or that the subject-matter may
have been warranted free from particular average, either wholly or under
a certain percentage.

(2) General average losses and contributions and salvage charges,
as defined by this Ordinance, are not recoverable under the suing and
labouring clause.

(3) Expenses incurred for the purpose of averting or diminishing
any loss not covered by the policy are not recoverable under the suing
and labouring clause.





(4) It is the duty of the assured and his agents, in all cases, to take
such measures as may be reasonable for the purpose of averting or
minimizing a loss.

RIGHTS OF INSURER ON PAYMENT.

79. (1) Where the insurer pays for a total loss, either of the whole,
or in the case of goods of any apportionable part, of the subject-matter
insured, he thereupon becomes entitled to take over the interest of the
assured in whatever may remain of the subjectmatter so paid for, and he
is thereby subrogated to all the rights and remedies of the assured in
and in respect of that subjectmatter as from the time of the casualty
causing the loss.

(2) Subject to the foregoing provisions, where the insurer pays for
a partial loss, he acquires no title to the subject-matter insured, or such
part of it as may remain, but he is thereupon subrogated to all rights and
remedies of the assured in and in respect of the subject-matter insured
as from the time of the casualty causing the loss, in so far as the assured
has been indemnified, according to this Ordinance, by such payment for
the loss.

80. (1) Where the assured is over-insured by double insurance,
each insurer is bound, as between himself and the other insurers, to
contribute rateably to the loss in proportion to the amount for which he
is liable under his contract.

(2) If any insurer pays more than his proportion of the loss, he is
entitled to maintain an action for contribution against the other insurers.
and is entitled to the like remedies as a surety who has paid more than
his proportion of the debt.

81. Where the assured is insured for an amount less than the
insurable value or, in the case of a valued policy, for an amount less
than the policy valuation, he is deemed to be his own insurer in respect
of the uninsured balance.

RETURN OF PREMIUM.

82. Where the premium or a proportionate part thereof is, by this
Ordinance, declared to be returnable

(a)if already paid, it may be recovered by the assured from the
insurer; and

(b) if unpaid, it may be retained by the assured or his agent.

83. Where the policy contains a stipulation for the return of the
premium, or a proportionate part thereof, on the happening of a certain
event, and that event happens, the premium, or, as the case may be, the
proportionate part thereof, is thereupon returnable to the assured.





84. (1) Where the consideration for the payment of the premium
totally fails, and there has been no fraud or illegality on the part of the
assured or his agents, the premium is thereupon returnable to the
assured.

(2) Where the consideration for the payment of the premium is
apportionable and there is a total failure of any apportionable part of the
consideration, a proportionate part of the premium is, under the like
conditions, thereupon returnable to the assured.

(3) In particular-

(a)where the policy is void, or is avoided by the insurer as from
the commencement of the risk, the premium is returnable,
provided that there has been no fraud or illegality on the part
of the assured; but if the risk is not apportionable, and has
once attached, the premium is not returnable;

(b)where the subject-matter insured, or part thereof, has never
been imperilled. the premium, or, as the case may be, a
proportionate part thereof, is returnable:

Provided that where the subject-matter has been insured
'lost or not lost' and has arrived in safety at the time when
the contract is concluded. the premium is not returnable
unless, at such time, the insurer knew of the safe arrival;

(c)where the assured has no insurable interest throughout the
currency of the risk, the premium is returnable, provided that
this rule does not apply to a policy effected by way of gaming
or wagering;

(d)where the assured has a defeasible interest which is
terminated during the currency of the risk. the premium is not
returnable;

(e)where the assured has over-insured under an unvalued policy,
a proportionate part of the premium is returnable;

(f) subject to the foregoing provisions, where the assured has
over-insured by double insurance, a proportionate part of the
several premiums is returnable:

Provided that, if the policies are effected at different
times, and any earlier policy has at any time borne the entire
risk, or if a claim has been paid on the policy in respect of the
full sum insured thereby, no premium is returnable in respect
of that policy, and when the double insurance is effected
knowingly by the assured no premium is returnable.





MUTUAL
INSURANCE.

85. (1) Where two or more persons mutually agree to insure each
other against marine losses there is said to be a mutual insurance.

(2) The provisions of this Ordinance relating to the premium do not
apply to mutual insurance, but a guarantee. or such other arrangement
as may be agreed upon, may be substituted for the premium.

(3) The provisions of this Ordinance, in so far as they may be
modified by the agreement of the parties, may in the case of mutual
insurance be modified by the terms of the policies issued by the
association, or by the rules and regulations of the association.

(4) Subject to the exceptions mentioned in this section. the
provisions of this Ordinance apply to a mutual insurance.

SUPPLEMENTAL
.

86. Where a contract of marine insurance is in good faith effected
by one person on behalf of another. the person on whose behalf it is
effected may ratify the contract even after he is aware of a loss.

87. (1) Where any right, duty, or liability would arise under a
contract of marine insurance by implication of law, it may be negatived
or varied by express agreement, or by usage, if the usage he such as to
bind both parties to the contract.

(2) The provisions of this section extend to any right. duty, or
liability declared by this Ordinance which may be lawfully modified by
agreement.

88. Where by this Ordinance any reference is made to reasonable
time, reasonable premium, or reasonable diligence, the question what is
reasonable is a question of fact.

89. Where there is a duly stamped policy, reference may be made,
as heretofore, to the slip or covering note, in any legal proceeding.

90. In this Ordinance, unless the context or subject-matter
otherwise requires--

'action' includes suit, counter-claim and set-off.,

'freight' includes the profit derivable by a shipowner from the
employment of his ship to carry his own goods or movables, as
well as freight payable by a third party, but does not include
passage money;





'movables' means any movable tangible property, other than the ship,
and includes money, valuable securities, and other documents; and

'policy' means a marine policy.

91. The rules of the common law including the law merchant, save
in so far as they are inconsistent with the express provisions of this
Ordinance, shall continue to apply to contracts of marine insurance.

92. (1) If-

(a)any person effects a contract of marine insurance without
having any bona fide interest direct or indirect, either in
the safe arrival of the ship in relation to which the contract is
made or in the safety or preservation of the subject-matter
insured, or a bona fide expectation of acquiring such an
interest; or

(b)any person in the employment of the owner of a ship, not
being a part owner of the ship, effects a contract of marine
insurance in relation to the ship, and the contract is made
'interest or no interest'. or 'without further proof of interest
than the policy itself', or 'without benefit of salvage to the
insurer', or subject to any other like term,

the contract shall be deemed to be a contract by way of gambling on loss
by maritime perils, and the person effecting it shall be guilty of an
offence, and shall be liable, on conviction. to imprisonment for a term not
exceeding six months or to a fine not exceeding two thousand dollars, or
to both such fine and imprisonment and in either case to forfeit to the
Crown any money he may receive under the contract. (Amended, 13
of 1966, Schedule)

(2) Any broker or other person through whom, and any insurer with
whom. any such contract is effected shall be guilty of an offence and
liable on conviction to the like penalties if he acted knowing that the
contract was by way of gambling on loss by maritime perils within the
meaning of this section.

(3) Proceedings under this section shall not be instituted without
the consent of the Attorney General.

(4) Proceedings shall not be instituted under this section against a
person (other than a person in the employment of the owner of the ship
in relation to which the contract was made) alleged to have effected a
contract by way of gambling on loss by maritime perils until an
opportunity has been afforded him of showing that the contract was not
such a contract as aforesaid, and any information given by that person
for that purpose shall not be admissible in evidence against him in any
prosecution under this section.





(5) If proceedings under this section are taken against any person
(other than a person in the employment of the owner of the ship in
relation to which the contract was made) for effecting such a contract,
and the contract was made 'interest or no interest', or 'without further
proof of interest than the policy itself', or 'without benefit of salvage to
the insurer'. or subject to any other like term. the contract shall be
deemed to be a contract by way of gambling on loss by maritime perils
unless the contrary is proved.

(6) For the purpose of giving jurisdiction under this section, every
offence shall be deemed to have been committed either in the place in
which the same actually was committed or in any place in which the
offender may be.

(7) For the purposes of this section the expression 'owner'
includes charterer.

(8) Nothing in this section shall affect the operation of section 4.

SCHEDULE. [s. 30.]

FORM OF POLICY.

BE IT KNOWN THAT as well in

own name as for and in the name and names of all and every other person or
persons to whom the same doth, may, or shall appertain, in part or in all doth
make assurance and cause and them, and every of them, to be insured lost or not
lost, at and from

Upon any kind of goods and merchandises, and also upon the body, tackle, apparel,
ordnance, munition, artillery, boat, and other furniture, of and in the good ship or
vessel called the whereof is master under God, for this present voyage, or
whosoever else shall go for master in the said ship, or by whatsoever other name
or names the said ship, or the master thereof, is or shall be named or called;
beginning the adventure upon the said goods and merchandises from the loading
thereof aboard the said ship, upon the said ship, etc.

and so shall continue and endure, during ' her abode there, upon the said
ship, etc. And further, until the said ship, with all her ordnance, tackle,
apparel, etc., and goods and merchandises whatsoever shall be arrived at

upon the said ship, etc., until she bath moored at anchor twenty-four hours in good
safety; and upon the goods and merchandises, until the same be there discharged
and safely landed. And it shall be lawful for the said ship, etc., in this voyage, to
proceed and sail to and touch and stay at any ports or places whatsoever

without prejudice to this insurance. The said ship, etc., goods and merchandises,
etc., for so much as concerns the assured by agreement between the assured and
assurers in this policy, are and shall be valued at

Touching the adventures and perils which we the assurers are contented to
bear and do take upon us in this voyage: they are of the seas,





men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and
countermart, surprisals, takings at sea, arrests, restraints, and detainments of all
kings, princes, and people, of what nation, condition, or quality soever. barratry of
the master and mariners, and of all other perils, losses, and misfortunes, that have
or shall come to the hurt, detriment, or damage of the said goods and merchandises,
and ship, etc., or any part thereof. And in case of any loss or misfortune it shall be
lawful to the assured, their factors, servants and assigns, to sue, labour, and travel
for, in and about the defence, safeguards, and recovery of the said goods and
merchandises, and ship, etc., or any part thereof, without prejudice to this
insurance; to the charges whereof we, the assurers, will contribute each one
according to the rate and quantity of his sum herein assured. And it is especially
declared and agreed that no acts of the insurer or insured in recovering, saving, or
preserving the property insured shall be considered as a waiver, or acceptance of
abandonment. And it is agreed by us, the insurers, that this writing or policy of
assurance shall be of as much force and effect as the surest writing or policy of
assurance heretofore made in Lombard Street, or in the Royal Exchange, or
elsewhere in London. And so we, the assurers, are contented, and do hereby
promise and bind ourselves, each one for his own part, our heirs, executors, and
goods to the assured, their executors, administrators, and assigns, for the true
performance of the premises, confessing ourselves paid the consideration due unto
us for this assurance by the assured, at and after the rate of

IN WITNESS whereof we, the assurers, have subscribed our names and sums
assured in London.

N.B.-Corn, fish, salt, fruit, flour, and seed are warranted free from average,
unless general, or the ship be stranded-sugar, tobacco, hemp, flax, hides and skins
are warranted free from average, under five pounds per cent, and all other goods,
also the ship and freight, are warranted free from average, under three pounds per
cent unless general, or the ship be stranded.

RULES FOR CONSTRUCTION OF POLICY.

The following are the rules referred to by this Ordinance for the construction
of a policy in the above or other like form, where the context does not otherwise
require

1. Where the subject-matter is insured 'lost or not lose', and the loss has
occurred before the contract is concluded, the risk attaches unless, at such time the
assured was aware of the loss, and the insurer was not.

2. Where the subject-matter is insured 'from' a particular place, the risk does
not attach until the ship starts on the voyage insured.

3. (1) Where a ship is insured 'at and from' a particular place, and she is at
that place in good safety when the contract is concluded, the risk attaches
immediately.

(2) If she be not at that place when the contract is concluded, the risk
attaches as soon as she arrives there in good safety, and, unless the policy
otherwise provides, it is immaterial that she is covered by another policy for a
specified time after arrival. '

(3) Where chartered freight is insured 'at and from' a particular
place, and the ship is at that place in good safety when the contract is
concluded the risk attaches immediately. If she be not there when the
contract is concluded, the risk attaches as soon as she arrives there in good
safety.
(4) Where freight, other than chartered freight, is payable without special
conditions and is insured 'at and from' a particular place, the





risk attaches pro rata as the goods or merchandise are shipped; provided that if
there be cargo in readiness which belongs to the shipowner, or which some other
person has contracted with him to ship, the risk attaches as soon as the ship is
ready to receive such cargo.

4. Where goods or other movables are insured 'from the loading thereof', the
risk does not attach until such goods or movable are actually on board, and the
insurer is not. liable for them while in transit from the shore to the ship.

5. Where the risk on goods or other movables continues until they are 'safely
landed', they must be landed in the customary manner and within a reasonable
time after arrival at the port of discharge, and if they are not so landed the risk
ceases.

6. In the absence of any further licence or usage, the liberty to touch and stay
'at any port or place whatsoever' does not authorize the ship to depart from the
course of her voyage from the port of departure to the port of destination.

7. The term 'perils of the seas' refers only to fortuitous accidents or
casualties of the seas. It does not include the ordinary action of the winds and
waves.

8. The term 'pirates' includes passengers who mutiny and rioters who attack
the ship from the shore.

9. The term 'thieves' does not cover clandestine theft or a theft committed
by any one of the ship's company, whether crew or passengers.

10. The term 'arrests, etc., of kings, princes, and people' refers to political
or executive acts, and does not include a loss caused by riot or by ordinary judicial
process.

11. The term 'barratry' includes every wrongful act wilfully committed by
the master or crew to the prejudice of the owner, or, as the case may be, the
charterer.

12. The term 'all other perils' includes only perils similar in kind to the
perils specifically mentioned in the policy.

13. The term 'average unless general' means a partial loss of the subject-
matter insured other than a general average loss, and does not include 'particular
charges'.

14. Where the ship has stranded, the insurer is liable for the excepted losses,
although the loss is not attributable to the stranding, provided that when the
stranding takes place the risk has attached and, if the policy he on goods, that the
damaged goods are on board.

15. The term 'ship' includes the hull, materials and outfit, stores and
provisions for the officers and crew, and, in the case of vessels engaged in a special
trade, the ordinary fittings requisite for the trade, and also, in the case of a
steamship, the machinery, boilers, and coals and engine stores, if owned by the
assured.

16. The term 'freight' includes the profit derivable by a shipowner from the
employment of his ship to carry his own goods or movables, as well as freight
payable by a third party, but does not include passage money.

17. The term 'goods' means goods in the nature of merchandise, and does
not include personal effects or provisions and stores for use on board.

In the absence of any usage to the contrary, deck cargo and living animals
must be insured specifically, and not under the general denomination of goods.
Originally 21 of 1961. 13 of 1966. Short title. Marine insurance defined. 6 Edw. 7 c. 41, ss. 1, 2. Marine adventure and maritime perils defined. 6 Edw. 7 c. 41, s. 3. Avoidance of wagering or gaming contracts. 6 Edw. 7 c. 41, s. 4. Insurable interest defined. 6 Edw. 7 c, 41, s. 5. When interest must attach. 6 Edw, 7 c. 41, s. 6. Defeasible or contingent interest. 6 Edw. 7 c. 41, s. 7. Partial interest. 6 Edw. 7 c. 41, s. 8. Re-insurance. 6 Edw. 7 c. 41, s. 9. Bottomry. 6 Edw. 7 c. 41, s. 10. Master's and seamen's wages. 6 Edw. 7 c. 41, s. 11. Advance freight. 6 Edw. 7 c. 41, s. 11. Advance freight. 6 Edw. 7 c. 41, s. 12. Charges of insurance. 6 Edw. 7 c. 41, s. 13. Quantum of interest. 6 Edw. 7 c. 41, s. 14. Assignment of interest. 6 Edw. 7 c. 41, s. 15. Measure of insurable value. 6 Edw. 7 c. 41, s. 16. Insurance is uberrimoe fidei. 6 Edw. 7 c. 41, s. 17. Disclosure by assured. 6 Edw. 7 c. 41, s. 18. Disclosure by agent effecting insurance. 6 Edw. 7 c. 41, s. 19. Representations pending negotiation of contract. 6 Edw. 7 c. 41, s. 20. When contract is deemed to be concluded. 6 Edw. 7 c. 41, s. 21. Contract must be embodied in policy. 6 Edw, 7 c. 41, s. 22. What policy must specify. 6 Edw. 7 c. 41, s. 23. Signature of insurer. 6 Edw. 7 c. 41, s. 24. Voyages and time policies. 6 Edw. 7 c. 41, s. 25. Designation of subject-matter. 6 Edw. 7 c. 41, s. 26. Valued policy. 6 Edw. 7 c. 41, s. 27. Unvalued policy. 6 Edw. 7 c. 41, s. 28. Floating policy by ship or ships. 6 Edw. 7 c. 41, s. 29. Construction of terms in policy. 6 Edw. 7 c. 41, s. 30. Schedule. Premium to be arranged. 6 Edw. 7 c. 41, s. 31. Double insurance. 6 Edw. 7 c. 41, s. 32. Nature of warranty. 6 Edw. 7 c. 41, s. 33. When breach of warranty excused. 6 Edw. 7 c. 41, s. 34. Express warranties. 6 Edw. 7 c. 41, s. 35. Warranty of neutrality. 6 Edw. 7 c. 41, s. 36. No implied warranty of nationality. 6 Ed. 7 c. 41, s. 37. Warranty of good safety. 6 Edw. 7 c. 41, s. 38. Warranty of seaworthiness of ship. 6 Edw. 7 c. 41, s. 39. No implied warranty that goods are seaworthy. 6 Edw. 7 c. 41, s. 40. Warranty of legality. 6 Edw. 7 c. 41, s. 41. Implied condition as to commencement of risk. 6 Edw. 7 c. 41, s. 42. Alteration of port of departure. 6 Edw. 7 c. 41, s. 43. Sailing for port of departure. 6 Edw. 7 c. 41. s. 44. Change of voyage. 6 Edw. 7 c. 41, s. 45. Deviation. 6 Edw. 7 c. 41, s. 46. Several ports of discharge. 6 Edw. 7 c. 41, s. 47. Delay in voyage. 6 Edw. 7 c. 41, s. 48. Excuses for deviation for delay. 6 Edw. 7 c. 41, s. 49. When and how policy is assignable. 6 Edw. 7 c. 41, s. 50. Assured who has no interest cannot assign. 6 Edw. 7 c. 41, s. 51. When premium payable. 6 Edw. 7 c. 41, s. 52. Policy effected through broker. 6 Edw. 7 c. 41, s. 53. Effect of receipt on policy. 6 Edw. 7 c. 41, s. 54. Included and excluded losses. 6 Edw. 7 c. 41, s. 55. Partial and total loss. 6 Edw. 7 c. 41, s. 56. Actual total loss. 6 Edw. 7 c. 41, s. 57. Missing ship. 6 Edw. 7 c. 41, s. 58. Effect of transhipment, etc. 6 Edw. 7 c. 41, s. 59. Constructive total loss defined. 6 Edw. 7 c. 41, s. 60. Effect of constructive total loss. 6 Edw. 7 c. 41, s. 61. Notice of abandonment. 6 Edw. 7 c. 41, s. 62. Effect of abandonment. 6 Edw. 7 c. 41, s. 63. Particular average loss. 6 Edw. 7 c. 41, s. 64. Salvage charges. 6 Edw. 7 c. 41, s. 65. General average loss. 6 Edw. 7 c. 41, s. 66. Extent of liability of insurer for loss. 6 Edw. 7 c. 41, s. 67. Total loss. 6 Edw. 7 c. 41, s. 68. Partial loss of ship. 6 Edw. 7 c. 41, s. 69. Partial loss of freight. 6 Edw. 7 c. 41, s. 70. Partial loss of goods, merchandise, etc. 6 Edw. 7 c. 41, s. 71. Apportionment of valuation. 6 Edw. 7 c. 41, s. 72. General average contributions and salvage charges. 6 Edw. 7 c. 41, s. 73. Liabilities to third parties. 6 Edw. 7 c. 41, s. 74. General provisions as to measure of indemnity. 6 Edw. 7 c. 41, s. 75. Particular average warranties. 6 Edw. 7 c. 41, s. 76. Successive losses. 6 Edw. 7 c. 41, s. 77. Suing and labouring clause. 6 Edw. 7 c. 41, s. 78. Right of subrogation. 6 Edw. 7 c. 41, s. 79. Right of contribution. 6 Edw, 7 c. 41. S. 80. Effect of under insurance. 6 Edw. 7 c. 41, s. 81. Enforcement of return. 6 Edw. 7 c. 41, s. 82. Return by agreement. 6 Edw. 7 c. 41, s. 83. Return for failure of consideration. 6 Edw. 7 c. 41, s. 84. Modification of Ordinance in case of mutual insurance. 6 Edw. 7 c. 41, s. 85. Ratification by assured. 6 Edw. 7 c. 41, s. 86. Implied obligations varied by agreement or usage. 6 Edw. 7 c. 41, s. 87. Reasonable time, etc. a question of fact. 6 Edw. 7 c. 41, s. 88. Slip as evidence. 6 Edw. 7 c. 41, s. 89. Interpretation of terms. 6 Edw. 7 c. 41, s. 90. Saving. 6 Edw. 7 c. 41, s. 91. Prohibition of gambling on loss by maritime perils. 9 Edw. 7 c. 12, s. 1. 6 Edw. 7 c. 41, First Schedule. Lloyd's S.G. Policy. (Sue and labour clause). (Waiver clause). (Memorandum). Lost or not lost. From. At and from (Ship). (Freight). From the loading thereof. Safely landed. Touch and stay. Perils of the seas. Pirates. Thieves. Restraint of princes. Barratry. All other perils Average unless general. Stranded. Ship. Freight. Goods.

Abstract

Originally 21 of 1961. 13 of 1966. Short title. Marine insurance defined. 6 Edw. 7 c. 41, ss. 1, 2. Marine adventure and maritime perils defined. 6 Edw. 7 c. 41, s. 3. Avoidance of wagering or gaming contracts. 6 Edw. 7 c. 41, s. 4. Insurable interest defined. 6 Edw. 7 c, 41, s. 5. When interest must attach. 6 Edw, 7 c. 41, s. 6. Defeasible or contingent interest. 6 Edw. 7 c. 41, s. 7. Partial interest. 6 Edw. 7 c. 41, s. 8. Re-insurance. 6 Edw. 7 c. 41, s. 9. Bottomry. 6 Edw. 7 c. 41, s. 10. Master's and seamen's wages. 6 Edw. 7 c. 41, s. 11. Advance freight. 6 Edw. 7 c. 41, s. 11. Advance freight. 6 Edw. 7 c. 41, s. 12. Charges of insurance. 6 Edw. 7 c. 41, s. 13. Quantum of interest. 6 Edw. 7 c. 41, s. 14. Assignment of interest. 6 Edw. 7 c. 41, s. 15. Measure of insurable value. 6 Edw. 7 c. 41, s. 16. Insurance is uberrimoe fidei. 6 Edw. 7 c. 41, s. 17. Disclosure by assured. 6 Edw. 7 c. 41, s. 18. Disclosure by agent effecting insurance. 6 Edw. 7 c. 41, s. 19. Representations pending negotiation of contract. 6 Edw. 7 c. 41, s. 20. When contract is deemed to be concluded. 6 Edw. 7 c. 41, s. 21. Contract must be embodied in policy. 6 Edw, 7 c. 41, s. 22. What policy must specify. 6 Edw. 7 c. 41, s. 23. Signature of insurer. 6 Edw. 7 c. 41, s. 24. Voyages and time policies. 6 Edw. 7 c. 41, s. 25. Designation of subject-matter. 6 Edw. 7 c. 41, s. 26. Valued policy. 6 Edw. 7 c. 41, s. 27. Unvalued policy. 6 Edw. 7 c. 41, s. 28. Floating policy by ship or ships. 6 Edw. 7 c. 41, s. 29. Construction of terms in policy. 6 Edw. 7 c. 41, s. 30. Schedule. Premium to be arranged. 6 Edw. 7 c. 41, s. 31. Double insurance. 6 Edw. 7 c. 41, s. 32. Nature of warranty. 6 Edw. 7 c. 41, s. 33. When breach of warranty excused. 6 Edw. 7 c. 41, s. 34. Express warranties. 6 Edw. 7 c. 41, s. 35. Warranty of neutrality. 6 Edw. 7 c. 41, s. 36. No implied warranty of nationality. 6 Ed. 7 c. 41, s. 37. Warranty of good safety. 6 Edw. 7 c. 41, s. 38. Warranty of seaworthiness of ship. 6 Edw. 7 c. 41, s. 39. No implied warranty that goods are seaworthy. 6 Edw. 7 c. 41, s. 40. Warranty of legality. 6 Edw. 7 c. 41, s. 41. Implied condition as to commencement of risk. 6 Edw. 7 c. 41, s. 42. Alteration of port of departure. 6 Edw. 7 c. 41, s. 43. Sailing for port of departure. 6 Edw. 7 c. 41. s. 44. Change of voyage. 6 Edw. 7 c. 41, s. 45. Deviation. 6 Edw. 7 c. 41, s. 46. Several ports of discharge. 6 Edw. 7 c. 41, s. 47. Delay in voyage. 6 Edw. 7 c. 41, s. 48. Excuses for deviation for delay. 6 Edw. 7 c. 41, s. 49. When and how policy is assignable. 6 Edw. 7 c. 41, s. 50. Assured who has no interest cannot assign. 6 Edw. 7 c. 41, s. 51. When premium payable. 6 Edw. 7 c. 41, s. 52. Policy effected through broker. 6 Edw. 7 c. 41, s. 53. Effect of receipt on policy. 6 Edw. 7 c. 41, s. 54. Included and excluded losses. 6 Edw. 7 c. 41, s. 55. Partial and total loss. 6 Edw. 7 c. 41, s. 56. Actual total loss. 6 Edw. 7 c. 41, s. 57. Missing ship. 6 Edw. 7 c. 41, s. 58. Effect of transhipment, etc. 6 Edw. 7 c. 41, s. 59. Constructive total loss defined. 6 Edw. 7 c. 41, s. 60. Effect of constructive total loss. 6 Edw. 7 c. 41, s. 61. Notice of abandonment. 6 Edw. 7 c. 41, s. 62. Effect of abandonment. 6 Edw. 7 c. 41, s. 63. Particular average loss. 6 Edw. 7 c. 41, s. 64. Salvage charges. 6 Edw. 7 c. 41, s. 65. General average loss. 6 Edw. 7 c. 41, s. 66. Extent of liability of insurer for loss. 6 Edw. 7 c. 41, s. 67. Total loss. 6 Edw. 7 c. 41, s. 68. Partial loss of ship. 6 Edw. 7 c. 41, s. 69. Partial loss of freight. 6 Edw. 7 c. 41, s. 70. Partial loss of goods, merchandise, etc. 6 Edw. 7 c. 41, s. 71. Apportionment of valuation. 6 Edw. 7 c. 41, s. 72. General average contributions and salvage charges. 6 Edw. 7 c. 41, s. 73. Liabilities to third parties. 6 Edw. 7 c. 41, s. 74. General provisions as to measure of indemnity. 6 Edw. 7 c. 41, s. 75. Particular average warranties. 6 Edw. 7 c. 41, s. 76. Successive losses. 6 Edw. 7 c. 41, s. 77. Suing and labouring clause. 6 Edw. 7 c. 41, s. 78. Right of subrogation. 6 Edw. 7 c. 41, s. 79. Right of contribution. 6 Edw, 7 c. 41. S. 80. Effect of under insurance. 6 Edw. 7 c. 41, s. 81. Enforcement of return. 6 Edw. 7 c. 41, s. 82. Return by agreement. 6 Edw. 7 c. 41, s. 83. Return for failure of consideration. 6 Edw. 7 c. 41, s. 84. Modification of Ordinance in case of mutual insurance. 6 Edw. 7 c. 41, s. 85. Ratification by assured. 6 Edw. 7 c. 41, s. 86. Implied obligations varied by agreement or usage. 6 Edw. 7 c. 41, s. 87. Reasonable time, etc. a question of fact. 6 Edw. 7 c. 41, s. 88. Slip as evidence. 6 Edw. 7 c. 41, s. 89. Interpretation of terms. 6 Edw. 7 c. 41, s. 90. Saving. 6 Edw. 7 c. 41, s. 91. Prohibition of gambling on loss by maritime perils. 9 Edw. 7 c. 12, s. 1. 6 Edw. 7 c. 41, First Schedule. Lloyd's S.G. Policy. (Sue and labour clause). (Waiver clause). (Memorandum). Lost or not lost. From. At and from (Ship). (Freight). From the loading thereof. Safely landed. Touch and stay. Perils of the seas. Pirates. Thieves. Restraint of princes. Barratry. All other perils Average unless general. Stranded. Ship. Freight. Goods.

Identifier

https://oelawhk.lib.hku.hk/items/show/3247

Edition

1964

Volume

v21

Subsequent Cap No.

329

Number of Pages

32
]]>
Tue, 23 Aug 2011 18:32:27 +0800
<![CDATA[DEPOSIT-TAKING COMPANIES ORDINACE]]> https://oelawhk.lib.hku.hk/items/show/3246

Title

DEPOSIT-TAKING COMPANIES ORDINACE

Description






LAWS OF HONG KONG

DEPOSIT-TAKING COMPANIES ORDINANCE

CHAPTER 328

(Repealed by the Banking Ordinance 1986,
No. 27 of 1986, now Chapter 155)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3246

Edition

1964

Volume

v21

Subsequent Cap No.

328

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:26 +0800
<![CDATA[LIFTS AND ESCALATORS (SAFETY) (FEES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3245

Title

LIFTS AND ESCALATORS (SAFETY) (FEES) REGULATIONS

Description







LIFTS AND ESCALATORS (SAFETY) (FEES) REGULATIONS

(Cap. 327, section 49(1)(e))

[1 November 1987.]

1. These regulations may be cited as the Lifts and Escalators
(Safety) (Fees) Regulations.

2. The fees set out in the Schedule shall be the prescribed fees
payable under the sections of the Ordinance specified in the Schedule.

SCHEDULE [reg. 2.]

TABLE OF FEES

1. Fee payable under section 6 for inclusion of person in the register of lift

engineers .............................................................. 1,200

2. Fee payable under section 6 for inclusion of person in the register of

escalator engineers ............................................................................... 1,200

3....................................Fee payable under section 6 for inclusion at the same time of person in
the register of lift engineers and the register of escalator engineers 1,200

4. Fee payable under section 11 C for inclusion of person in the register of

lift contractors........................... ...........................................................................
180


5....................................Fee payable under section 11C for inclusion of person in the register of
under
escalator contractors ...............180
6....................................Fee payable under section 12(2) 240
7....................................Fee payable under section 13(2) 120
8....................................Fee payable under section 26(1)(b) 120

9. Fee payable..................under section 27(2) 120
L.N. 263/87. L.N. 364/87. Citation. Fees.

Abstract

L.N. 263/87. L.N. 364/87. Citation. Fees.

Identifier

https://oelawhk.lib.hku.hk/items/show/3245

Edition

1964

Volume

v21

Subsequent Cap No.

327

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:26 +0800
<![CDATA[LIFTS AND ESCALATORS (SAFETY) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3244

Title

LIFTS AND ESCALATORS (SAFETY) ORDINANCE

Description






LAWS OF HONG KONG

LIFTS AND ESCALATORS (SAFETY) ORDINANCE

CHAPTER 327





CHAPTER 327

LIFTS AND ESCALATORS (SAFETY) ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART I

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 4
2. Interpretation............................. ... ... ... ... ... ... ... ... 4

3. Application ...................... ... ... ... ... ... ... ... ... ... 6

4. Certain works deemed to be major alterations in relation to lifts ... ... ... ... 8

PART II

REGISTERED LIFT ENGINEERS AND REGISTERED ESCALATOR ENGINEERS

5. Registers of lift engineers and escalator engineers and qualifications for inclusion

therein ............................... ... ... ... ... ... ... ... ... 9

6.......................Procedure on application for registration ... ... ... ... ... ... ... ... 10

7..............Removal from register ......... ... ... ... ... ... ... ... ... ... ... 10

8.......................Appointment of disciplinary board, etc . ... ... ... ... ... ... ... ... 11
8A......................Appointment of disciplinary board panel ... ... ... ... ... ... ... ... 11

9................Disciplinary proceedings .... ... ... ... ... ... ... ... ... ... ... 12

10.............................Powers of disciplinary board appointed under section 8 ... ... ... ... ... 13

11..................Appeals from disciplinary board ... ... ... ... ... ... ... ... ... ... 13

11A............................Duties of registered lift engineers or escalator engineers ... ... ... ... ... 13

PART IIA

REGISTERED LIFT CONTRACTORS AND REGISTERED ESCALATOR CONTRACTORS

11B. Registers of lift contractors and escalator contractors ... ... ... ... ... ... 14

11C......................Procedure on application for registration ... ... ... ... ... ... ... ... 14

11D.............Removal from register ..... ... ... ... ... ... ... ... ... ... ... ... 15

11E......................Appointment of disciplinary board, etc . ... ... ... ... ... ... ... ... 15
11F......................Appointment of disciplinary board panel ... ... ... ... ... ... ... ... 16

11G...............Disciplinary proceedings ... ... ... ... ... ... ... ... ... ... ... 16

11H...............................Powers of disciplinary board appointed under section 11 E ... ... ... ... 17

11I.................Appeals from disciplinary board ... ... ... ... ... ... ... ... ... ... 17

11J...............................Duties of registered lift contractors or escalator contractors ... ... ... ... 17

PART III


EXAMINATION OF NEW LIFTS AND ESCALATORS AND TESTING OF SAFETY
EQUIPMENT PROVIDED THEREFOR AND EXAMINATION AND
TESTING OF LIFTS AND ESCALATORS TO WHICH CERTAIN

ALTERATIONS HAVE BEEN MADE

12. Examination of new lifts and escalators and testing of safety equipment

provided therefor...................... ... ... ... ... ... ... ... ... 18





Section Page

13. Examination and testing of lifts to which major alterations have been made and of

escalators to which alteration of speed, etc. has been made ... ... ... ... 19
14. Procedure upon refusal of Director under sections 12 and 13 ... ... ... ... 20

15. Owner may appeal against refusal of Director ... ... ... ... ... ... ... 20

15A.....................Part III not to apply to service lifts ... ... ... ... ... ... ... ... ... 20

PART IIIA

APPEAL BOARD

16.....................Appointment of appeal board, etc . ... ... ... ... ... ... ... 20
16A....................Appointment of appeal board panel ... ... ... ... ... ... ... ... ... 21

16B................Powers of appeal board ..... ... ... ... ... ... ... ... ... ... ... 21

17.................................Determination of appeal board and procedure thereafter ... ... ... ... 22

18........................Appeal to High Court on point of law ... ... ... ... ... ... . ... 23

PART IV

MAINTENANCE AND EXAMINATION OF LIFTS AND
ESCALATORS AND
TESTING OF SAFETY EQUIPMENT PROVIDED THEREFOR

19..........................Periodic maintenance of lifts and escalators ... ... ... ... ... ... ... 23

20. Certain lift works and escalator works to be carried out by registered lift contractor

or registered escalator contractor ..... ... ... ... ... ... ... ... ... 23

21...................Periodic examination of lifts ... ... ... ... ... ... ... ... ... ... 23
22...................Periodic examination of escalators ... ... ... ... ... ... ... ... ... 24

23..........................Periodic testing of safety equipment of lifts ... ... ... ... ... ... ... 24
24..........................Periodic testing of safety equipment of escalators ... ... ... ... ... ... 24

25. Power of Director to require lift or escalator to be examined or safety equipment to

be tested ............................... ... ... ... ... ... ... ... 24

26.....................Procedure upon examination or test ... ... ... ... ... ... ... ... ... 25

27. Power of Director to prohibit use and operation of lift or escalator ... ... ... 26

27A....................Certain occurrences to be reported ... ... ... ... ... ... ... ... ... 27

27B................................Log-book of works to be kept and produced for inspection ... ... ... ... 28

PART IVA

SERVICE LIFTS

27C................Construction of service lifts ... ... ... ... ... ... ... ... ... ... ... 28

27D...........................Overloading and carriage of persons in service lifts ... ... ... ... ... ... 28

27E..................Duty of owners of service lifts ... ... ... ... ... ... ... ... ... ... 28

27F..................................Duty of person engaged in operating service lift to report defects ... ... ... 29







PART V

OFFENCES

28.............Certain offences ............... ... ... ... ... ... ... ... ... ... ... 29

29. Prohibition of use and operation of lifts and escalators in certain cases, and

offences in connection therewith ..... ... ... ... ... ... ... ... ... 30
29A. Prohibition of carrying out of lift works or escalator works by unauthorized persons ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... 32

30. Corruption ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 33





Section...................................... Page

31. Liability of directors, etc. where company convicted of offence ... ... ... 33

PART VI

SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS

32. Lifts and escalators to be numbered in certain cases, etc. 34
33. Director to be notified where major alterations are to be carried out to lift and

where speed, operation or design of escalator is to be altered ... ... 34

34.Registered lift or escalator engineer authorized to make tests for purposes of
examination under section 12, 13, 21 or 22 or in accordance with an order under

section 25 ........................... ... ... ... ... ... ... ... ... 34

35. Right of owner of lift or escalator aggrieved by decision of engineer to apply to

Director, and procedure thereon ......... ... ... ... ... ... ... ... 35

36. Delegation of powers ...................... ... ... ... ... ... ... ... 36

37. Powers of entry ........................... ... ... ... ... ... ... ... 36

38. Power of Director to disconnect supply of electricity in event of contravention of

order under section 27 .................. ... ... ... ... ... ... ... 36

39. Director to certify receipt and registration of certificates from registered lift

engineer or registered escalator engineer ... ... ... ... ... ... ... ... 37

40. Service of orders ...................... ... ... ... ... ... ... ... ... 37

41. Certificates to be countersigned .......... ... ... ... ... ... ... ... ... 37

42. Fees or charges ........................... ... ... ... ... ... ... ... 37

43. Limitation of public liability ......... ... ... ... ... ... ... ... ... 38

44. Power of Director to exempt lifts or escalators from certain provisions of the

Ordinance ............................... ... ... ... ... ... ... ... 38

44A. Power of Director to exempt goods lifts in an industrial undertaking from the

provisions of the Ordinance ............... ... ... ... ... ... ... ... 38
45. Power of Director to specify forms ........ ... ... ... ... ... ... ... ... 39

46. Special provisions as to application of Ordinance where lessee of building res-

ponsible for lift or escalator .......... ... ... ... ... ... ... ... ... 39

47. Saving of agreement between owner of lift or escalator and registered lift engineer,

etc., as to liability ................... ... ... ... ... ... ... ... ... 40

48. Saving of certain Ordinances .............. ... ... ... ... ... ... ... 40
49. Regulations 40

50. Transitional provisions ... ... ... ... ... ... ... ... ... ... ... ... 41





CHAPTER 327

LIFTS AND ESCALATORS (SAFETY)

To provide for the design and construction, and the maintenance in
safe working order of lifts and escalators, for the examination and
testing thereof and for matters connected with the purposes
aforesaid. (Amended, 43 of 1987, s. 2)

[1 February 1961.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Lifts and Escalators (Safety)
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'appeal board' means an appeal board appointed under section 16;

'authorized person' has the same meaning as in the Buildings
Ordinance; (Added, 43 of 1987, s. 3)

'building works' includes any kind of building construction, repairs,
demolition, alteration or addition and every kind of building
operation;

'Director' means the Director of Electrical and Mechanical Services;
(Amended, L.N. 76182 and L.N. 298182)

,,escalator' means

(a)an inclined, continuous stairway which is driven by
mechanical power and used for raising or lowering
passengers; and

(b)a passenger conveyor that is a continuous walkway which is
driven by mechanical power and used for the conveyance of
passengers on the same or between different traffic levels;
(Replaced, 43 of 1987, s. 3)

,,escalator works' includes any kind of work, not being building works,
connected with the installation, commissioning, testing,
maintenance, repair, alteration or demolition of an escalator or of
the safety equipment provided for an escalator or of any other
machinery or equipment connected with an escalator; (Replaced,
43 of 1987, s. 3)

'governor' means, in relation to a lift or counterweight, an automatic
device which operates the safety gear provided for the lift





or counterweight in the event of the car of the lift or the
counterweight exceeding a pre-determined speed in the downward
direction and, in relation to an escalator, means an automatic
device which will cause the supply of power to the driving machine
of the escalator to be cut off in the event of the escalator exceeding
a pre-determined safe speed;

'industrial undertaking has the same meaning as in the Factories and
Industrial Undertakings Ordinance; (Added, 43 of 1987, s. 3)

'legal officer' has the same meaning as in the Legal Officers Ordinance;
(Added, 43 of 1987, s. 3)

'lift' means a lifting machine or appliance having a car or platform the
direction of movement of which is restricted by a guide or guides,
but does not include an escalator; (Amended, 43 of 1987,s.3)

'lift works' includes any kind of work, not being building works,
connected with the installation, commissioning, testing,
maintenance, repair, alteration or demolition of a lift or of the safety
equipment provided for a lift or of any other machinery or
equipment connected with a lift; (Replaced, 43 of 1987, s. 3)

,,owner', in relation to a building, includes any person holding premises
direct from the Crown, whether under lease, licence or otherwise,
any mortgagee in possession and any person receiving the rent of
any premises, solely or with another, on his own behalf or that of
any person, or who would receive the same if such premises were
let to a tenant, and, where the owner as above defined cannot be
found or ascertained or is absent from Hong Kong or is under
disability, the agent of such owner; (Amended, 43 of 1987, s. 3)

,,owner', in relation to a lift or escalator, means the owner of the
building in which the lift or escalator is installed or, where a lift or
escalator does not form part of the building, or, if forming part of
the building, has not become annexed by operation of law to the
building, the owner of the lift or escalator, and in the latter cases
includes any person who is in possession of the lift or escalator
under any agreement of hire purchase or under any contract
between any supplier of lifts or escalators, or the agent of such
supplier, and such person, for the sale of a lift or escalator,
notwithstanding that the property in the lift or escalator has not
passed to such person and, where the owner as above defined,
cannot be found or ascertained or is absent from Hong Kong or is
under disability, the agent of such owner; (Amended, 43 of 1987, s. 3)

'rated load' means the load which a lift or escalator is designed and
constructed to carry at the rated speed;

'rated speed' means. in relation to a lift, the mean of the maximum
speeds attained by the car or platform of the lift in the upward





and downward direction with full rated load, and, in relation to an
escalator, means the speed of the escalator measured along the
angle of inclination;

'registered escalator contractor' means a person whose name is for the
time being on the register of escalator contractors kept under
section 11B; (Amended, 43 of 1987, s. 3)

'registered escalator engineer' means a person whose name is for the
time being on the register of escalator engineers kept under section
5;

'registered lift contractor' means a person whose name is for .the time
being on the register of lift contractors kept under section 11B;
(Amended, 43 of 3)

'registered lift engineer' means a person whose name is for the time
being on the register of lift engineers kept under section 5;

'safety equipment' means, in relation to a lift, the safety gear and the.
governor or other device by which it is operated, the emergency
signals and, where provided, the stop switch, and all machinery
and equipment connected therewith, and, in relation to an
escalator, means the safety gear and the governor or other device
by which it is operated, the broken step chain device, the switches
provided to stop the escalator in an emergency and, where fitted,
the broken drive chain device, and all machinery and equipment
connected therewith;

'safety gear' means, in relation to a lift or counterweight, a mechanical
device which, when operated, stops the car of the lift or the
counterweight and holds the car or counterweight to its guides;

'service lift' means a lift, used or intended to be used exclusively for
carrying goods, having a rated load of not more than 250 kg and a
car in which the area of the floor is not more than 1 M2 and the
height of which is not more than 1.2 m; (Added, 43 of 1987,s.3)

'specified', in relation to a form, means specified by the Director under
section 45. (Added, 43 of 1987, s. 3)

(2) For the avoidance of doubt, it is hereby declared that a supplier
of lifts or escalators or an agent of such supplier who has, under a
contract for the sale or installation of a lift or escalator, retained the
ownership of the lift or escalator pending payment of the cost thereof or
the balance of the cost thereof or the giving of any other consideration
shall not, for the purposes of this Ordinance, be an owner of the lift or
escalator.



3. (1) This Ordinance shall apply to-

(a) every lift other than-
(i) a lift installed in any building belonging to the
Crown or to the government of any member of the





Commonwealth or over which the Crown or such
government has control and management; (Amended, 43 of 1987
s 4)

(ia) a lift installed in any building upon any land vested in the
Housing Authority or in any building over which the Housing
Authority has control and management; (Added 43 Of 1987, s.
4)

(ii) a lift installed in any building upon any land vested in any
person on behalf of Her Majesty's naval, military or air force
services or in any building over which any of such service has
control and management; (Amended, 43 of
1987, s. 4)

(iii) a lift installed in any building which belongs wholly

to the government of a foreign country and which is used
exclusively or mainly for the purposes of the official
business of the consular officer of such government;

(iv) a lift or hoist used solely for the carriage, stacking,
loading or unloading of goods or materials

(A) which does not pass through any floor; and

(B) the height of travel of which does not exceed

3.5 m; (Replaced, 43 of 1987, s. 4)

(v) a lift or hoist used solely for the raising of motor
vehicles

(A) which does not pass through any floor; and

(B) the height of travel of which does not exceed

3.5 m; (Replaced, 43 of 1987, s. 4)

(vi) a skip hoist or hoist used mainly for charging furnaces
or similar appliances;

(vii) a hoist used solely for lifting or feeding material
directly into a machine;

(viii) a ramp connected with any wharf or pier;

(ix) an amusement device;

(x) a stage or orchestra lift;

(xi) a lift or hoist provided, in connection with any building
which is being constructed, for the use solely of persons
employed in the construction thereof or for carrying materials
used therein;

(xii) a belt, bucket, scoop or roller conveyor and any similar
machine;

(xiii) a lift installed in any ship or aircraft; and

(xiv) a service lift used in an industrial undertaking;

(Replaced, 43 of 1987, s. 4)

(b) every 1 tor other than-

(i) an escalator installed in any building belonging to the
Crown or to the government of any member of the Commonwealth
or over which the Crown or such govern

ment has control and management; (Amended, 43 of 1987,s.4)





(ia) an escalator installed in any building upon any land
vested in the Housing Authority or in any building over which
the Housing Authority has control and man-
agement; (Added, 43 of 1987, s. 4)

(ii) an escalator installed in any building upon any land
vested in any person on behalf of Her Majesty's naval, military
or air force services or in any building over which any of such
services has control and management; and (Amended 43 of 1987,
s. 4)


(iii) an escalator installed in any building which belongs
wholly to the government of a foreign country and which is
used exclusively or mainly for the purposes of the official
business of the consular officer of such government.

(2) For the purposes of this section, the expression 'Foreign
country' means any country outside the Commonwealth.

4. Without prejudice to the generality of the expression, the
following shall, for the purposes of this Ordinance be deemed, in
relation to a lift, to be major alterations, namely

(a) any increase in the rated load or rated speed of a lift;

(b) any increase in the dead weight of the car of any lift;

(c) any increase or decrease in the distance which a lift travels;

(d) any change in the type of operation or control of a lift;

(e)any change in the size or number of the ropes which support
the car of any lift or of the ropes supporting the
counterweight;

any change in the size or type of guide rails;

(g)the replacement of, or any change in type of, the safety
equipment provided for any lift or counterweight;

(h) the replacement of the driving-machine of any lift;

(i) the replacement of a controller;

(j) the replacement of a driving-machine brake;

(k)the replacement, addition or removal of the doors of any lift-
way; (Amended, 43 of 1987, s. 5)

(l)the addition to the doors of any lift-way of interlocking
devices or the addition of electrical contacts to the door of
any lift-way or the car of any lift;

(m)the addition of switches to enable access to be obtained to
any lift-way;

(n)the addition, at the top of the car of any lift, of devices to
enable the lift to be operated therefrom;

(o)the addition of automatic devices to operate the doors of the
lift-way or the car of any lift;





(p) the addition of rope equalizers;

(q) the addition of auxiliary rope-fastening devices;

(r) the addition of car-levelling devices; or

(s) the addition of roller guide shoes.

PART 11

REGISTERED LIFT ENGINEERS AND
REGISTERED
ESCALATOR ENGINEERS

5. (1) The Director shall keep a register (hereinafter referred to as
the register of lift engineers) of persons who are, in his opinion,
qualified to carry out the duties and exercise the functions required by
this Ordinance to be carried out and exercised by a registered lift
engineer and shall also keep a register (hereinafter referred to as the
register of escalator engineers) of persons who are, in his opinion,
qualified to carry out the duties and exercise the functions so required
to be carried out and exercised by a registered escalator engineer.

(2) Save as provided in subsection (213), no person shall be
included in the register of lift engineers or the register of escalator
engineers unless he

(a)has a higher diploma or higher certificate in mechanical or
electrical or electronic engineering from the Hong Kong
Polytechnic or a technical institute or such equivalent or
higher qualifications as the Director may approve;

(b)has completed an apprenticeship of not less than 2 years in
mechanical or electrical or electronic engineering and has not
less than 3 years' subsequent working experience in the
installation, commissioning, testing and maintenance of lifts or
escalators, as the case may be; and

(c)has satisfied the Director that he has the necessary practical
experience and general knowledge of the relevant statutory
requirements to carry out the duties and exercise the functions
required to be carried out by this Ordinance by a registered lift
engineer or registered escalator engineer, as the case may be.
(Replaced, 43 of 1987, s. 6)

(2A) A person who has had 10 years' practical experience in the
installation, commissioning, testing and maintenance of lifts or
escalators, if in the opinion of the Director such experience is
appropriate, shall be deemed to satisfy paragraphs (a) and (b) of
subsection (2). (Added, 43 of 1987, s. 6)

(213) The Director may include in the register of lift engineers or the
register of escalator engineers or both registers, any person who is not
qualified for inclusion therein under subsection (2) or (2A), if in any
particular case the Director is of the opinion that such





person is qualified to carry out the duties and exercise the functions
required to be carried out by this Ordinance by a registered lift engineer
or registered escalator engineer, as the case may be. (Added, 43 of
1987, s. 6)

(3) No body of persons, corporate or unincorporate, shall be
eligible for inclusion in the register of lift engineers or the register of
escalator engineers.

(4) The register of lift engineers and the register of escalator
engineers shall be kept in such form, and shall contain such particulars,
as the Director thinks fit. (Added, 43 of 1987, s. 6)

(5) A certified copy of an entry in any such register, or a certificate
to the effect that any name specified therein is not included in any such
register, issued under the hand of the Director shall, until the contrary is
shown, be received in evidence as proof of the facts stated therein as at
the date of such certified copy or certificate on its production without
further proof. (Added, 43 of 1987, s. 6)

6. (1) Every application for inclusion in the register of lift engineers
or the register of escalator engineers shall be made to the Director in the
specified form. (Amended, 43 of 1987, s. 7)

(2) Where, upon any such application, the Director is of the
opinion that the applicant is qualified in accordance with section 5, he
shall, within 3 months of his receipt of the application, include the name
of the applicant in the register of lift engineers or the register of
escalator engineers or both registers, as the case may be, and shall
issue to him a certificate of registration in the specified form; but no
name shall be so included in a register except upon payment of the
prescribed fee. (Replaced, 43 of 1987, s. 7)

(3) Where, upon any such application, the Director is not of the
opinion that the applicant is qualified in accordance with section 5, he
shall refuse the application and shall, within 3 months of his receipt of
the application, notify the applicant in writing of his refusal. (Replaced,
43 of 1987, s. 7)

(4) Where applications under subsection (1) for inclusion in the
register of lift engineers and the register of escalator engineers are made
by an applicant at the same time he shall pay the fee prescribed for
inclusion in both registers. (Added, 43 of 1987, s. 7)

(5) Any person whose application for inclusion in the register of lift
engineers or the register of escalator engineers or both registers is
refused may, within one month of the date of notification to him of the
refusal, appeal to an appeal board by submitting the appeal to the
Director. (Added, 43 of 1987, s. 7)

7. (1) The Director may remove from the register of lift engineers or
the register of escalator engineers or both registers, as the case may be,
the name of any person who

(a) dies; or





(b)ceases, for any reason, to be a lift engineer or an escalator
engineer. (Amended, 43 of 1987, s. 8)

(2) If a registered lift engineer or a registered escalator engineer
who is employed by a registered lift contractor or a registered escalator
contractor dies or ceases for any other reason to be employed by such
contractor, such contractor shall notify the Director of the fact as soon
as practicable.

8. (1) The Director may, whenever it is necessary to do so for the
purposes of section 9, appoint a disciplinary board.

(2) Every disciplinary board appointed under this section shall
consist of

(a)on-- person whose name is included in list 11 kept under
section of the Buildings Ordinance and who is a member of the
panel appointed under section 8A;

(b)3 persons who are members of the panel appointed under
section 8A(1)(a), (b) or (c), of whom at least one shall be
qualified as an electrical or electronic engineer and at least one
as a mechanical or building services engineer; and

(c) the Director or his representative.

(3) The Director or his representative shall be the chairman of a
disciplinary board appointed under this section, and the chairman shall
determine the procedure of the board.

(4) A legal officer may be present at any proceedings of a
disciplinary board appointed under this section to advise the chairman
on any matter.

(5) A member of a disciplinary board appointed under this section,
other than a member who is a public officer, shall be remunerated at
such rate as the Financial Secretary may determine from time to time or
in any particular case.

(Replaced, 43 of 1987, s. 9)

8A. (1) The Secretary for Lands and Works shall, having

regard to the requirements of section 8 relating to the membership of
a disciplinary board, appoint a panel of persons (the 'disciplinary
board panel') which shall consist of not more than 20 members, of
whom-

(a)not more than 5 shall be members of the Hong Kong Institution
of Engineers who are qualified as mechanical or building
services engineers;

(b)not more than 5 shall be members of the Hong Kong Institution
of Engineers who are qualified as electrical or electronic
engineers;

(c)not more than 5 shall be registered lift engineers or registered
escalator engineers; and





(d)not more than 5 shall be engineers whose names are included
in list II kept under section 3(2)(b) of the Buildings Ordinance.

(2) No person shall be appointed to be a member of the disciplinary
board panel unless he has been in practice in Hong Kong for a period of
at least 10 years and has been recommended by the Director after
consultation with the appropriate Institution of which he is a member
(where subsection (1)(a) or (b) applies) or after consultation with that
person (where subsection (1)(c) or (d) applies).

(3) Members of the disciplinary board panel shall be appointed for
3 years but shall be eligible for re-appointment.

(4) Members of the disciplinary board panel may resign at any time
by notice in writing given to the Secretary for Lands and Works.

(Added, 43 of 1987, s. 10)

9. (1) Where it appears to the Director that a registered lift engineer
or a registered escalator engineer has been convicted by any court of
such an offence, or has in carrying out any lift works or escalator works,
as the case may be, been guilty of such negligence or misconduct, as to

(a)render the lift engineer or the escalator engineer unfit to be on
the register of lift engineers or on the register of escalator
engineers; or

(b)make the further inclusion on the register of lift engineers or
the register of escalator engineers of the lift engineer or
escalator engineer prejudicial to the due administration of this
Ordinance; or

(c)render the lift engineer or escalator engineer deserving of
censure, (Added, 43 of 1987, s. 11)

the Director may bring the matter to the notice of a disciplinary board
appointed under section 8. (Amended, 43 of 1987, s. 11)

(2) Where, after due inquiry, the disciplinary board is satisfied that
the registered lift engineer or the registered escalator engineer has been
convicted of such an offence or has been guilty of such negligence or
misconduct as is referred to in subsection (1), such board may-
(Amended, 43 of 1987, s. 11)

(a) order-

(i) that the name of the lift engineer or escalator engineer be
removed from the register of lift engineers or the register of
escalator engineers or both registers, as the case may be,
either permanently or for such period as the board directs; or

(ii) that the lift engineer or escalator engineer be

reprimanded; and(Replaced, 43 of 198 7, s. 11)





(b)order that its findings and any order made under paragraph
(a)(i) or (ii) be published in the Gazette. (Replaced, 43 of
1987, s. 11)

(3) The disciplinary board may make such order as it thinks fit with
regard to the payment of the costs of proceedings under this section
and the cost of the Director or of the lift engineer or escalator engineer
in respect of whom the proceedings are brought, and any costs so
awarded shall be recoverable as a civil debt. (Added, 43 of 1987, s. 11)

10. A disciplinary board appointed under section 8 may for the
purposes of proceedings before it

(a) require any person to attend the proceedings as a witness,
administer oaths and examine witnesses upon oath;

(b) order the production of relevant documents;

(c)order the inspection of premises in which any lift or escalator
has been installed or in which lift works or escalator works
have been carried out; and

(d) authorize the entry upon and viewing of such premises.

(Replaced, 43 of 1987, s. 12)

11. (1) Any lift engineer or escalator engineer aggrieved by any
order made in respect of him under section 9(2) may appeal to a judge of
the High Court, and upon any such appeal the judge may confirm,
reverse or vary the order of the disciplinary board or may remit the
matter to the board with his opinion thereon.

(2) Notice of any such appeal shall be given by the lift engineer or
the escalator engineer within one month from the date of such order.

(3) Save as otherwise provided in this Ordinance, the practice in
relation to any such appeal shall be subject to any rules of court made
under the Supreme Court Ordinance.

(4) The decision of the judge shall be final.

11A. (1) A registered lift engineer or registered escalator engineer
shall in carrying out any lift works or escalator works, as the case may
be

(a)ensure that the lift works or escalator works comply with the
requirements of this Ordinance and the Buildings Ordinance;
and

(b) examine the lifts or escalators in question and test the safety
equipment provided therefor and examine and test any lifts or
escalators to which major alterations have been made, in
accordance with this Ordinance.





(2) Every registered lift engineer and registered escalator
engineer shall notify the Director of any change in his business
address or residential address, within 14 days of such change.
(Added, 43 of 1987, s. 13)

PART IIA

REGISTERED LIFT CONTRACTORS AND REGISTERED
ESCALATOR CONTRACTORS

11B. (1) The Director shall keep a register (hereinafter
referred to as the register of lift contractors) of persons who are, in
his opinion, qualified to carry out lift works, and shall also keep a
register (hereinafter referred to as the register of escalator contrac-
tors) of persons who are, in his opinion, qualified to carry out
escalator works.

(2) The register of lift contractors and the register of escalator
contractors shall be kept in such form, and shall contain such
particulars, as the Director thinks fit.

(3) A certified copy of an entry in any such register, or a
certificate to the effect that any name specified therein is not included
in any such register, issued under the hand of the Director shall,
until the contrary is shown, be received in evidence as proof of the
facts stated therein as at the date of such certified copy or certificate
on its production without further proof.

11C. (1) Every application for inclusion in the register of lift
contractors or the register of escalator contractors shall be made to
the Director in the specified form.

(2) In considering an application under subsection (1), the
Director may require the applicant to submit such further partic-
ulars as the Director may require and shall have regard to the
qualifications and experience of the applicant and of persons
employed by the applicant to supervise and carry out the lift works
or escalator works, as the case may be.

(3) The Director shall, within 3 months of his receipt of an
application under subsection (1) or such further particulars as he
may require under subsection (2)-

(a)where he is of the opinion that the applicant and any
persons employed by the applicant are qualified and
experienced in accordance with subsection (2), include the
name of the applicant in the register of lift contractors or
the register of escalator contractors or both registers, as
the case may be, and shall issue to the applicant a certifi-
cate in the specified form; but no name shall be so included
in a register except upon payment of the prescribed fee; or

(b)where he is not of the opinion that the applicant and
any persons employed by the applicant are qualified and






experienced in accordance with subsection (2), refuse the
application and notify the applicant in writing of his refusal.

(4) Any person whose application for inclusion in the register of lift
contractors or the register of escalator contractors or both registers is
refused may, within one month of the date of notification to him of the
refusal, appeal to an appeal board by submitting the appeal to the
Director.

11D. The Director may remove from the register of lift contractors
or the register of escalator contractors or both registers, as the case may
be, the name of any person who

(a) dies;

(b)ceases, for any reason, to be a lift contractor or escalator
contractor;

(c)ceases to be qualified for inclusion under section 11 C in such
register or registers; or

(d)ceases to employ one or more persons who have the
qualifications and experience in accordance with section 11
C(2).

11E. (1) The Director may, whenever it is necessary to do so for the
purposes of section 11G, appoint a disciplinary board.

(2) Every disciplinary board appointed under this section shall
consist of

(a)one person who is a member of the panel appointed under
section 11F;

(b)one person whose name is included in list II kept under
section 3(2)(b) of the Buildings Ordinance and who is a
member of the panel appointed under section 8A;

(c)3 persons who are members of the panel appointed under
section 8A(l)(a), (b) or (c), of whom at least one shall be
qualified as an electrical or electronic engineer and at least one
as a mechanical or building services engineer; and

(d) the Director or his representative.

(3) The Director or his representative, or such other member of the
disciplinary board appointed under this section as the Director may
appoint, shall be the chairman of a disciplinary board appointed under
this section, and the chairman shall determine the procedure of the
board.

(4) A legal officer may be present at any proceedings of a
disciplinary board appointed under this section to advise the chairman
on any matter.

(5) A member of a disciplinary board appointed under this section,
other than a member who is a public officer, shall be





remunerated at such rate as the Financial Secretary may determine from
time to time or in any particular case.

11F. (1) The Secretary for Lands and Works shall, having

regard to the requirements of section 11 E relating to the mem-
bership of a disciplinary board, appoint a panel of persons (the
'disciplinary board panel') which shall consist of not more than 5
members who are registered lift contractors or registered escalator
contractors.

(2) Members of the disciplinary board panel shall be appointed for
3 years but shall be eligible for re-appointment.

(3) Members of the disciplinary board panel may resign at any time
by notice in writing given to the Secretary for Lands and Works.

11G. (1) Where it appears to the Director that a registered lift
contractor or a registered escalator contractor has been convicted by
any court of such an offence, or has in carrying out any lift works or
escalator works, as the case may be, been guilty of such negligence or
misconduct, as to

(a)render the lift contractor or the escalator contractor unfit to be
on the register of lift contractors or on the register of escalator
contractors; or

(b)make the further inclusion on the register of lift contractors or
the register of escalator contractors of the lift contractor or
escalator contractor prejudicial to the due administration of
this Ordinance; or

(c)render the lift contractor or escalator contractor deserving of
censure,

the Director may bring the matter to the notice of a disciplinary board
appointed under section 11 E.

(2) Where, after due inquiry, the disciplinary board is satisfied that
the registered lift contractor or the registered escalator contractor has
been convicted of such an offence or has been guilty of such
negligence or misconduct as is referred to in subsection (1), the board
may

(a) order-

(i) that the name of the lift contractor or escalator contractor
be removed from the register of lift contractors or the register
of escalator contractors or both registers, as the case may be,
either permanently or for such period as the board directs; or

(ii) that the lift contractor or escalator contractor be fined a
sum not exceeding $50,000, which sum may be recoverable as
a civil debt; or

(iii) that the lift contractor or escalator contractor be
reprimanded; and





(b)order that its findings and any order made under paragraph
(a)(i), (ii) or (iii) be published in the Gazette.

(3) The disciplinary board may make such order as it thinks fit with
regard to the payment of the costs of proceedings under this section
and the costs of the Director or of the lift contractor or escalator
contractor in respect of whom the proceedings are brought, and any
costs so awarded shall be recoverable as a civil debt.

11H. A disciplinary board appointed under section 11 E may for
the purposes of proceedings before it

(a)require any person to attend the proceedings as a witness,
administer oaths and examine witnesses upon oath;

(b) order the production of relevant documents;

(c)order the inspection of premises in which any lift or escalator
has been installed or in which lift works or escalator works
have been carried out; and

(d) authorize the entry upon and viewing of such premises.

11I. (1) Any lift contractor or escalator contractor aggrieved by
any order made in respect of him under section 11 G(2) may appeal to a
judge of the High Court, and upon such appeal the judge may confirm,
reverse or vary the order of the disciplinary board or may remit the
matter to the board with his opinion thereon.

(2) Notice of any such appeal shall be given by the lift contractor
or the escalator contractor within one month from the date of such
order.

(3) Save as otherwise provided in this Ordinance, the practice in
relation to any such appeal shall be subject to any rules of court made
under the Supreme Court Ordinance.

(4) The decision of the judge shall be final.

11J. (1) A registered lift contractor or registered escalator
contractor shall

(a)in respect of any lift or escalator installed or to be installed by
him, obtain a certificate from the manufacturer of the lift or
escalator, as the case may be, or his agent certifying that the
lift or escalator is designed and constructed in accordance
with any regulations made under this Ordinance and the
Buildings Ordinance;

(b)supervise the carrying out of the lift works or escalator works
in question;

(c)ensure that the lift works or escalator works in question are
carried out by a person specified in section 29A(I), (2) or (3),
as the case may be; and





(d)carry out the lift works or escalator works in question in
accordance with the provisions of this Ordinance and the
Buildings Ordinance.

(2) Every registered lift contractor and registered escalator
contractor shall, within 14 days, notify the Director when he ceases to
carry out periodic maintenance in respect of any lift or escalator under
section 19 and shall specify the address and number (if any) of the lift or
escalator in his notification.

(3) Every registered lift contractor and registered escalator
contractor shall, within 14 days, notify the Director of any change in his
business address.

(Part IIA added, 43 of 1987, s. 14)

PART III

EXAMINATION OF NEW LIFTS AND ESCALATORS AND
TESTING OF
SAFETY EQUIPMENT PROVIDED THEREFOR AND
EXAMINATION
AND TESTING OF LIFTS AND ESCALATORS TO WHICH
CERTAIN ALTERATIONS HAVE BEEN MADE

12. (1) Upon the completion of the installation of any lift or
escalator, the owner of the lift or escalator shall, before the same is put
into normal operation

(a)cause the lift or escalator and all machinery and equipment
connected therewith to be thoroughly examined by a registered
lift engineer or a registered escalator engineer, as the case may
be, and, without prejudice to the generality of the foregoing,
every such examination shall, in the case of a lift, include,
where applicable, an examination of the motor, brakes and
control equipment of the lift, of the interlocking devices
provided for the doors or gates of the lift-way and the car of
the lift and of the safety equipment provided for the lift; and

(b)cause the safety equipment provided for the lift or escalator to
be tested by a registered lift engineer or a registered escalator
engineer, as the case may be, in the following manner, namely

(i) in the case of a lift, by the operation of the same with full
rated load in the lift; and

(ii) in the case of an escalator, by the operation of the same
without any load on the escalator.

(2) When the registered lift engineer or the registered escalator

engineer, as the case may be, is satisfied that the lift or escalator and all
such machinery and equipment and the safety equipment provided for
the lift or escalator is in safe working order, he shall deliver to the owner
of the lift or escalator a certificate in duplicate in the specified form, and
the owner shall deliver the certificate in duplicate, and pay the
prescribed fee, to the Director within 7 days of the

receipt of the certificate by the owner.(Amended, 43 of 1987, s. 15)





(3) On receipt of the certificate and the prescribed fee under
subsection (2), the Director shall- (Amended, 43 of 1987, s. 15)

(a)if he is satisfied that the lift or escalator and all such machinery
and equipment and the safety equipment provided therefor is
in safe working order and save as provided in section 32(2), by
notice in the specified form permit the lift or escalator to be
used and operated; or (Amended, 43 of 1987, s. 15)

(b)if he is not so satisfied, refuse to permit the lift or escalator to
be used or operated.

(4) The Director shall be deemed to have permitted the lift or
escalator to be used and operated unless, within the period and
in the manner prescribed by section 14(1) he notices the owner thereof

that he refuses to permit the same to be used or operated.

13. (1) Where any lift works which consist, either wholly or in part,
of major alterations have been carried out in respect of any lift and
where any escalator works which consist, either wholly or in part, of the
alteration of the speed, operation or design of the escalator have been
carried out in respect of any escalator, the owner of the lift or escalator
shall, before the normal use and operation thereof is resumed, cause the
lift or escalator to be examined and tested by a registered lift engineer or
a registered escalator engineer, as the case may be, so far as may be
necessary to determine that those parts of the lift or escalator affected
by such lift works or escalator works are in safe working order.

(2) When the registered lift engineer or the registered escalator
engineer, as the case may be, is satisfied that such parts of the lift or
escalator are in safe working order, he shall deliver to the owner of the
lift or escalator a certificate in the specified form, and the owner shall
deliver the certificate, and pay the prescribed fee, to the Director within
7 days of the receipt of the certificate by the owner. (Amended, 43 of
1987, s. 16)

(3) On receipt of the certificate and the prescribed fee under
subsection (2), the Director shall- (Amended, 43 of 1987, s. 16)

(a)if he is satisfied that such parts of the lift or escalator are in
safe working order, by notice in the specified form permit the
use and operation of the lift or escalator to be resumed; or
(Amended, 43 of 1987, s. 16)

(b)if he is not so satisfied, refuse to permit the use or operation
of the lift or escalator to be resumed.

(4) The Director shall be deemed to have permitted the use and
operation of the lift or escalator to be resumed unless, within the period
and in the manner prescribed by section 14(1), he notifies the owner
thereof that he refuses to permit the use or operation of the same to be
resumed.





14. (1) Where, under section 12(3)(b) and section 13(3)(b),
respectively, the Director refuses to permit a new lift or escalator to be
used or operated or refuses to permit the use or operation of a lift or
escalator to be resumed, he shall, in writing within 14 days of the receipt
by him of the certificate of the registered lift engineer or registered
escalator engineer, notify the owner of the lift or escalator that he so
refuses and shall, at the same time, inform such owner of the ground for
his refusal and of the work which is, in his opinion, necessary

(a)in the case of a refusal under section 12(3)(b) to put the lift or
escalator and all machinery and equipment connected
therewith and the safety equipment provided therefor in safe
working order; and

(b)in the case of a refusal under section 13(3)(b), to put those
parts of the lift or escalator affected by the lift works or
escalator works in safe working order.

(2) Save as provided in section 32(2), the Director shall, when he
is satisfied that such lift or escalator and all machinery and equipment
connected therewith and the safety equipment provided therefor is in
safe working order or that those parts of the lift or escalator affected by
the lift works or escalator works are in safe working order, as the case
may be, by notice in the specified form permit the lift or escalator to be
used and operated or permit the use and operation of the lift or escalator
to be resumed. (Amended, 43 of 1987, s. 17)

15. (1) Where, under section 12(3)(b) and section 13(3)(b),
respectively, the Director refuses to permit a lift or escalator to be used
or operated or refuses to permit the use or operation of a lift or escalator
to be resumed, the owner of the lift or escalator may appeal against such
refusal to an appeal board.

(2) Notice of any such appeal shall be given to the Director within
one month of the date of notification to the owner such refusal.

(Amended, 43 of 1987, s. 18)

15A. This Part shall not apply to any service lift.

(Added, 43 of 1987, s. 19)

PART IIIA

APPEAL B0ARD

16. (1) The Chief Secretary shall, at the request of the Director made
within 14 days after an appeal is lodged under section 6(5), 11C(4) or 15,
appoint an appeal board.

(2) Every appeal board shall consist of the following members





(a)3 persons appointed by the Chief Secretary from the members
of the panel appointed under section 16A of whom one shall be
qualified as a civil engineer, one shall be qualified as an
electrical or electronic engineer and one shall be qualified as a
mechanical or building services engineer; and

(b) a public officer appointed by the Chief Secretary.

(3) The chairman of an appeal board shall be elected by the
members of the appeal board from the members appointed under
subsection (2)(a) and the chairman shall determine the procedure of the
board.

(4) A legal officer may be present at any proceedings of an appeal
board to advise the chairman on any matter.

(5) A member of an appeal board, other than a member who is a
public officer, shall be remunerated at such rate as the Financial
Secretary may determine from time to time or in any particular case.
(Replaced, 43 of 1987, s. 20)

16A. (1) The Governor shall, having regard to the requirements of
section 16 relating to the membership of an appeal board, appoint a
panel of persons (the 'appeal board panel') and each member of the
appeal board panel shall be nominated for appointment by the President
of the Hong Kong Institution of Engineers and shall be a member of that
Institution.

(2) The appeal board panel shall consist of not more than 15
members of whom

(a)not more than 5 authorized persons who are qualified as civil
engineers;

(b)not more than 5 who are qualified as electrical or electronic
engineers; and

(c)not more than 5 who are qualified as mechanical or building
services engineers.

(3) A public officer shall not be eligible for appointment as a
member of the appeal board panel.

(4) Members of the appeal board panel shall be appointed for 3
years but shall be eligible for re-appointment.

(5) Members of the appeal board panel may resign at any time by
notice in writing given to the Governor.

(Added, 43 of 1987, s. 20)

16B. An appeal board may for the purposes of proceedings before
it

(a)require any person to attend the proceedings as a witness,
administer oaths and examine witnesses upon oath;

(b) order the production of relevant documents;





(c)order the inspection of premises in which any lift or escalator
has been installed or in which lift works or escalator works
have been carried out; and

(d) authorize the entry upon and viewing of such premises.

(Added, 43 of 1987, s. 20)

17. (1) If, after due inquiry, the appeal board is-

(a)in the case of an appeal from a refusal of the Director under
section 12(3)(b), of opinion that the lift or escalator and all
machinery and equipment connected therewith and the safety
equipment provided therefor is in safe working order; or

(b)in the case of an appeal from a refusal of the Director under
section 13(3)(b), of opinion that those parts of the lift or
escalator affected by the lift works or escalator works are in
safe working order,

the board may direct that the Director shall, as soon as practicable, by
notice in the specified form permit the lift or escalator to be used and
operated or permit the use and operation of the lift or escalator to be
resumed, as the case may be. (Amended, 43 of 1987, s. 21)

(2) If, after due inquiry, the appeal board is, in the case of an
appeal from a refusal of the Director under section 12(3)(b), of opinion
that the lift or escalator and all machinery and equipment connected
therewith and the safety equipment provided therefor is not in safe
working order or is, in the case of an appeal from a refusal of the Director
under section 13(3)(b), of opinion that those parts of the lift or
escalator affected by the lift works or escalator works are not in safe
working order, and is of opinion, in either of such cases, that the work
specified by the Director, pursuant to section 14(1), as being necessary
to put the lift or escalator and all such machinery and equipment or such
parts of the lift or escalator, as the case may be, in safe working order is
not necessary, but that other work is so necessary, the board may
specify the work which it considers to be necessary and may direct that
the Director shall, when he is satisfied that such other work has been
carried out, by notice in the specified form permit the lift or escalator to
be used and operated or permit the use and operation of the lift or
escalator to be resumed, as the case may be. (Amended, 43 of 1987, s.
21)

(3) Save as provided in subsections (1) and (2), the appeal board
shall confirm the decision of the Director and, in such a case, section
14(2) shall apply as if there had been no appeal.

(4) An appeal board may on an appeal under section 6(5) or 11 C(4)-
-

(a) confirm the decision of the Director; or

(b) direct the Director to include the name of the appellant in

the relevant register.(Added, 43 of 1987, s. 21)





18. (1) A decision of an appeal board shall be final:

Provided that any person aggrieved by the decision as being
erroneous in point of law may appeal to a judge of the High Court,
and upon any such appeal the judge may confirm, reverse or vary the
decision of the appeal board or may remit the matter to the board
with his opinion thereon.

(2) Notice of any such appeal shall be given within one month
from the date of the decision of the appeal board.

(3) Save as otherwise provided in this Ordinance, the practice
in relation to any such appeal shall be subject to any rules of court
made under the Supreme Court Ordinance.

(4) The decision of the judge shall be final.

PART IV

MAINTENANCE AND EXAMINATION OF LIFTS AND ESCALATORS
AND TESTING OF SAFETY EQUIPMENT PROVIDED THEREFOR

19. (1) The owner of every lift and the owner of every
escalator shall, to the satisfaction of the Director, cause the lift or
escalator, all machinery and equipment connected therewith and the
safety equipment provided therefor to be cleaned, oiled and adjusted
by a registered lift contractor or a registered escalator contractor, as
the case may be, at intervals not exceeding one month.

(2) Subsection (1) shall not apply to any service lift. (Added,
43 of 1987, s. 22)

20. (1) Any lift works which consist, either wholly or in part,
of major alterations in respect of a lift and any other lift works
which may affect the safe working of a lift shall be carried out by a
registered lift contractor.

(2) Any escalator works which consist, either wholly or in
part, of the alteration of the speed, operation or design of an
escalator and any other escalator works which may affect the safe
working of an escalator shall be carried out by a registered escalator
contractor.

(3) Subsection (1) shall not apply to any lift works in respect of
any service lift. (Added, 43 of 1987, s. 23)

21. The owner of every lift shall, at intervals not exceeding
12 months, cause the lift to be thoroughly examined by a registered
lift engineer in order to determine whether the lift and all machinery
and equipment connected therewith is in safe working order and,
without prejudice to the generality of the foregoing, every such
examination shall include, where applicable, an examination of the
motor, brakes and control equipment of the lift, of the interlocking
devices provided for the doors or gates of the lift-way and the car of
the lift, and of the safety equipment provided for the lift.





22. The owner of every escalator shall, at intervals not exceeding 6
months, cause the escalator to be thoroughly examined by a registered
escalator engineer in order to determine whether the escalator and all
machinery and equipment connected therewith is in safe working order.

23. (1) In addition to the examination thereof required by section 21,
the owner of every lift shall cause the safety equipment provided
therefor to be tested by a registered lift engineer

(a)at intervals not exceeding 12 months, by the operation of the
same without any load in the lift;

(b)at intervals not exceeding 5 years, by the operation of the
same with full rated load in the lift;

(c)at intervals not exceeding 5 years, by the operation of the
overload device of the same with a load in the car of the lift
weighing between 90 per cent to 110 per cent of the rated
load; and (Added, 43 of 1987, s. 24)

(d)at intervals not exceeding 5 years, by the operation of the
brake when the car or platform of the lift is travelling in the
downward direction at its rated speed with a load weighing
125 per cent of the rated load for lifts designed and
constructed in accordance with British Standard B.S. 5655
Part 1 and weighing 110 per cent of the rated load for other
lifts. (Added, 43 of 1987, s. 24)

(2) Any test of any safety equipment made in accordance with
paragraph (b) of subsection (1) may be in lieu of the test thereof
required, in respect of that period of 12 months, by paragraph (a) of that
subsection.

(3) Subsections (1) and (2) shall not apply to any service lift.
(Added, 43 of 1987, s. 24)

24. At intervals not exceeding 12 months, the owner of every
escalator shall, in addition to the examination thereof required by
section 22, cause the safety equipment provided therefor to be tested by
a registered escalator engineer by the operation of the same without any
load on the escalator.

25. (1) Where, within 5 weeks after the expiration of any period in
which

(a)a lift or escalator is, by sections 21 and 22, respectively,
required to be examined; or

(b)the safety equipment provided for any lift or escalator is, by
sections 23 and 24, respectively, required to be tested,

the Director has neither received a certificate in the specified form that
the lift or escalator and all machinery and equipment connected
therewith or the safety equipment provided therefor, as the case may be,
is in safe working order nor been notified that the same is not in





safe working order, he may, by order in the specified form served upon
the owner of the lift or escalator, require the owner to cause the lift or
escalator and all machinery and equipment connected therewith to be
examined or the safety equipment provided therefor to be tested, or
both, as the case may be, in accordance with section 21, 22, 23 or 24.

(2) Where the Director is satisfied that any lift works which
consisted, either wholly or in part, of major alterations to a lift or that
any other lift works which may affect the safe working of a lift have
been carried out by some person other than a registered lift contractor,
the Director may, by order in the specified form served upon the owner
of the lift, require the owner to cause the lift and all machinery and
equipment connected therewith to be examined, or the safety equipment
provided therefor to be tested without any load in the lift, or both, by a
registered lift engineer.

(3) Where the Director is satisfied that any escalator works which
consisted, either wholly or in part, of the alteration of the speed,
operation or design of an escalator or that any other escalator works
which may affect the safe working of an escalator have been carried out
by some person other than a registered escalator contractor, the
Director may, by order in the specified form served upon the owner of
the escalator, require the owner to cause the escalator and all machinery
and equipment connected therewith to be examined, or the safety
equipment provided therefor to be tested, or both, by a registered
escalator engineer.

(Amended, 43 of 1987, s. 25)

26.(1) (a) Where, upon any examination under section 21 or 22 or
upon any examination in accordance with an order under
section 25, the registered lift engineer or registered escalator
engineer, as the case may be, is satisfied that the lift or
escalator and all machinery and equipment connected
therewith is in safe working order and where, upon any test
under section 23 or 24 or upon any test in accordance with an
order under section 25, the registered lift engineer or registered
escalator engineer, as the case may be, is satisfied that the
safety equipment provided for the lift or escalator is in safe
working order, he shall, within 21 days of the examination or
test, as the case may be, deliver to the owner of the lift or
escalator a certificate in duplicate in the specified form.
(Amended, 43 of 1987, s.26)

(b)The owner of the lift or escalator shall, within 7 days of his
receipt thereof, deliver to the Director such certificate in
duplicate and the prescribed fee. (Amended, 43 of 1987, s.26)

(2) Where, upon any examination under section 21 or 22 or upon
any examination in accordance with an order under section 25, the
registered lift engineer or registered escalator engineer, as the





case may be, is not satisfied that the lift or escalator and all
machinery and equipment connected therewith is in safe working
order and where, upon any test under section 23 or 24 or upon any
test in accordance with an order under section 25, the registered lift
engineer or registered escalator engineer, as the case may be, is not
satisfied that the safety equipment provided for the lift or escalator is
in safe working order, he shall-

(a)if he is of opinion that any further use or operation of
the lift or escalator would be, or would be likely to be,
dangerous, forthwith report the fact that he is not so
satisfied to the Director and to the owner of the lift or
escalator; or

(b)if he is of opinion that no immediate danger will arise from
the further use and operation of the lift or escalator, report
the fact that he is not so satisfied to the owner of the lift or
escalator, and where-
(i) within a period of 14 days from the date of such
report, the lift or escalator and all machinery and equip-
ment connected therewith or the safety equipment pro-
vided for the lift or escalator, or both, as the case may
be, has been put in safe working order to his satisfaction,
shall give his certificate in the manner provided by subsec-
tion (1)(a); or
(ii) upon the expiration of such period the lift or
escalator and all machinery and equipment connected
therewith or the safety equipment provided for the lift or
escalator, or both, as the case may be, has or have not been
put in safe working order to his satisfaction, shall forth-
with report that he is not satisfied that the lift or escalator
and all machinery and equipment connected therewith or
the safety equipment provided for the lift or escalator, or
both, as the case may be, is or are in safe working order to
the Director.

27. (1) Where the Director-

(a)is not satisfied that the provisions of section 19 are being
complied with in respect of a lift or escalator; or

(b)has, within 21 days of the service of an order under section
25, neither received a certificate in the specified form that
the lift or escalator and all machinery and equipment
connected therewith or the safety equipment provided
therefor, or both, as the case may be, is or are in safe
working order nor been notified that the same is or are not
in safe working order; or (Amended, 43 of 1987, s. 27)

(c)has, under section 26(2), received a report from a regis-
tered lift engineer or a registered escalator engineer that
such engineer is not satisfied that a lift or escalator and
all machinery and equipment connected therewith or the





safety equipment provided for a lift or escalator, or both,
as the case may be, is or are in safe working order; or

(d)is, at any time, satisfied that any lift or escalator is in any
respect not in safe working order; or

(e)is of the opinion that any new lift or escalator would, if
operated, be likely to be operated in contravention of
section 29(1), (Added, 43 of 1987, s. 27)

he may, by order in the specified form served upon the owner of the
lift or escalator, prohibit the use and operation of the lift or
escalator. (Amended, 43 of 1987, s. 27)

(2) An order under subsection (1)(a), (b), (e) or (d) shall
continue in operation until the Director has received from the owner
of the lift or escalator the prescribed fee and-

(a)in the case of an order under subsection (1)(a), a certificate
in the specified form delivered to the owner by a registered
lift contractor or registered escalator contractor certify-
ing that the lift or escalator has been cleaned, oiled and
adjusted in accordance with section 19; or

(b)in the case of an order under subsection (1)(b), (c) or (d), a
certificate in the specified form delivered to the owner by a
registered lift engineer or registered escalator engineer
certifying that the lift or escalator and the machinery and
equipment connected therewith or the safety equipment, or
both, is or are in safe working order,

and has, in the specified form, permitted the use and operation of the
lift or escalator to be resumed. (Replaced, 43 of 1987, s. 27)

(3) An order under subsection (1)(e) shall continue in opera-
tion until the Director has exempted the lift or escalator from this
Ordinance under section 44 or 44A or has received a certificate in
duplicate and the prescribed fee under section 12(2) and has, in the
specified form, permitted the lift or escalator to be used or operated.
(Added, 43 of 1987, s. 27)

27A. In the case of-

(a) a lift or escalator, where-
(i) the death of, or injury to, any person occurs in-
volving any part of the lift or escalator;
(ii) a failure occurs of the main drive system, other than
by reason of the failure of the main power system; or
(iii) any other thing specified from time to time by the
Director occurs;

(b) a lift, where-
(i) a breakage occurs of any of the suspension ropes of
the lift;
(ii) a failure occurs of a brake, overload device or the
safety equipment provided for the lift; or





(iii) a failure occurs of the interlocking devices (other than
by reason of the failure of the making of electrical contact of
safety contacts) provided for the doors of the liftway and car
of the lift; or

(c)an escalator, where a failure occurs of a brake, step chain,
drive chain or the safety equipment provided for the escalator,

the owner of the lift or escalator, as the case may be, shall immediately
notify the Director in writing of the occurrence and, after an
investigation carried out by a registered lift contractor or registered
escalator contractor, as the case may be, submit to the Director a report
in writing giving full details of the occurrence.

(Added, 43 of 1987, s. 28)

27B. (1) The owner of a lift or escalator shall keep and maintain or
cause to be kept and maintained a log-book approved by the Director in
which he shall cause a registered lift engineer, registered escalator
engineer, registered lift contractor or registered escalator contractor, as
the case may be, to enter the details of the works carried out in
accordance with sections 12, 13, 19, 21, 22, 23 and 24 and in accordance
with an order under section 25.

(2) The owner of a lift or escalator shall produce, on demand by
the Director, the log-book kept and maintained under subsection (1) for
inspection by the Director.

(Added, 43 of 1987, s. 28)

PART IVA

SERVICE LIFTS

27C. The owner of a service lift shall ensure that it is not operated
or used unless

(a)it is of good mechanical construction and made of strong and
sound materials; and

(b) it is properly maintained.

27D. (1) No load greater than the rated load shall be carried in a
service lift.

(2) No person shall travel, or cause or permit any other person to
travel, in a service lift.

27E. The owner of a service lift shall ensure that the lift is not used

(a) unless it complies with the relevant provisions of the Building
(Lifts) Regulations;

(b) to carry a load greater than the rated load; or

(c) to carry any person.





27F. Every person engaged in the operation of a service lift shall
report forthwith to the owner of the service lift any defect in the
operation mechanism or safety devices fitted to the lift or liftway.

(Part IVA added, 43 of 1987, s. 29)

PART V

OFFENCES

28. (1) Any person who-

(a)forges any certificate required by, under or for the purposes of
this Ordinance;

(b)gives or signs any such certificate knowing it to be false in a
material particular;

(c)knowingly utters or makes use of any such certificate so
forged or false;

(d)knowingly utters or makes use of as applying to any lift or
escalator any such certificate which does not so apply; or

(e)makes any statement which is false in a material particular in
an application under section 6 or 11 C (Amended, 43 of 1987,
s. 30)

shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000 and to imprisonment for 12 months. (Amended, 43 of 1987,s.30)

(1A) Any person who

(a) without reasonable excuse fails to attend;

(b) refuses to be examined upon oath; or

(c)without reasonable excuse fails to produce any relevant
document,

at any proceedings before a disciplinary board or appeal board, when
required to do so by the disciplinary board or appeal board under
section 10(a) or (b), 11H(a) or (b) or 16B(a) or (b), as the case may
be, shall be guilty of an offence and shall be liable on conviction to a
fine of $2,000 and to imprisonment for 6 months. (Added; 43 of 1987, s.
30)

(1B) Any person who without reasonable excuse obstructs the
inspection of premises or the entry upon or viewing of premises
required by a disciplinary board or appeal board under section 10(c) or
(d), 11H(c) or (d) or 16B(C) or (d), as the case may be, for the purposes
of any proceedings before it shall be guilty of an offence and shall be
liable on conviction to a fine of $5,000 and to imprisonment for 12
months. (Added, 43 of 1987, s. 30)

(1C) Any person who--





(a)contravenes any of the provisions of section 29A(I) or (2); or

(b)knowingly employs or permits any other person to carry out
any lift works or escalator works in contravention of section
29A(I) or (2),

shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000 and to imprisonment for 6 months. (Added, 43 of 1987, s.30)

(2) In the event of any contravention of section 27C or 38(2), the
owner of the lift or escalator shall be guilty of an offence and shall be
liable on conviction to a fine of $5,000 and to imprisonment for 6 months
unless he shows that such contravention occurred without his consent
or connivance and that he had taken all reasonable steps to prevent the
same. (Amended, 43 of 1987, s. 30)

(3) Any person who-

(a)contravenes any of the provisions of section 7(2), 11 A, 11 J,
12(2), 13(2), 26, 27A, 27B, 27D, 27E, 27F, 32(2), 33 or 39(3);
(Amended, 43 of 1987, s. 30)

(b)removes or defaces any order or any copy thereof posted on
any building under the provisions of this Ordinance;

(ba) wilfully misuses, or interferes with, or causes misuse or
interference with, any part of a lift or escalator or any
machinery or equipment connected therewith; (Added, 43 of
1987, s. 30)

(c)fails to comply with any conditions imposed under section 44;
or (Amended, 43 of 1987, s. 30)

(d)obstructs the Director, or any public officer authorized by him,
in the execution of his powers or functions under the
provisions of this Ordinance,

shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000 and to imprisonment for 6 months. (Amended, 43 of 1987,s.30)

(4) Any prosecution under this Ordinance may be commenced
within 6 months after the commission of the offence or within 6 months
after the offence is discovered by or comes to the notice of the Director,
whichever is the later. (Added, 43 of 1987, s. 30)

29. (1) No new lift, other than a service lift, or escalator shall be
used or operated by any person for any purpose, except by or under the
direction of the Director or a registered lift engineer or a registered
escalator engineer, as the case may be, in connection with the
examination or testing thereof or the testing of the safety equipment
provided therefor or by or under the direction of a registered lift
contractor or a registered escalator contractor, as the case may be, in
connection with the carrying out of any work for the





installation thereof, until the Director has under section 12(3)(a) or
section 14(2) or pursuant to the direction of an appeal board given under
section 17(1) or (2), permitted the lift or escalator to be used and
operated or is, under section 12(4), deemed to have permitted the lift or
escalator to be used and operated. (Amended, 43 of 1987, s.31)

(2) No lift, other than a service lift, in respect of which lift works
which consist, either wholly or in part, of major alterations are being, or
have been, carried out and no escalator in respect of which escalator
works which consist, either wholly or in part, of the alteration of the
speed, operation or design of the escalator are being, or have been,
carried out shall be used or operated by any person for any purpose,
except by or under the direction of the Director or a registered lift
engineer or a registered escalator engineer, as the case may be, in
connection with the examination or testing thereof or of a registered lift
contractor or a registered escalator contractor, as the case may be, in
connection with the carrying out of such lift works or escalator works,
until the Director has, under section 13(3) or section 14(2) or pursuant to
the direction of an appeal board given under section 17(1) or (2),
permitted the use and operation of the lift or escalator to be resumed or
is, under section 13(4), deemed to have permitted the use and operation
of the lift or escalator to be resumed. (Amended, 43 of 1987, s. 31)

(3) A lift or escalator in respect of which an order has been
made under section 27 shall not, during the continuance in opera-
tion of such order, be used or operated by any person for any
purpose, except by or under the direction of the Director or a
registered lift engineer or a registered escalator engineer, as the case
may be, in connection with the examination or testing thereof or a
registered lift contractor or a registered escalator contractor, as the
case may be, in connection with the cleaning, oiling or adjusting
thereof or the carrying out of any repairs or other work thereto
necessary to put such lift or escalator in safe working order.

(4) In the event of any contravention of subsection (1), (2) or (3),
the owner of the lift or escalator shall be guilty of an offence and shall
be liable on conviction to a fine of $5,000 and to imprisonment for 6
months unless he shows to the satisfaction of the court that such
contravention occurred without his consent or connivance and that he
had taken all reasonable steps to prevent the use and operation of the
lift or escalator. (Amended, 43 of 1987, s. 31)

(5) Where any person has been convicted of an offence under
subsection (4), he shall, in addition to the penalty provided therefor, be
liable to a fine of $500 for each day during which it is proved to the
satisfaction of the court that there has been a further contravention of
subsection (1), (2) or (3), as the case may be, unless he shows that such
further contravention occurred without his consent or connivance and
that he had taken all reasonable steps to prevent the use and operation
of the lift or escalator.





29A. (1) Subject to subsection (3), no person other than-

(a) a registered lift engineer;

(b)a competent lift worker employed by a registered lift
contractor; or

(e)a worker directly supervised, at the site where the lift
works are being carried out, by a registered lift engineer
or a competent lift worker employed by a registered lift
contractor,

shall carry out lift works.

(2) Subject to subsection (3), no person other than-

(a) a registered escalator engineer;

(b)a competent escalator worker employed by a registered
escalator contractor; or

(c)a worker directly supervised, at the site where the escalator
works are being carried out, by a registered escalator
engineer or a competent escalator worker employed by a
registered escalator contractor,

shall carry out escalator works.

(3) The Director may in any particular case permit in writing
any person, other than a person mentioned in subsection (1) or (2),
to carry out lift works or escalator works, as the case may be.

(4) For the purposes of this section-

'competent lift worker' means a person-

(a)who is the holder of a certificate in mechanical engineering,
or electrical or electronic engineering, or who has com-
pleted a course relating to lifts at any technical institute or
Vocational Training Centre or such equivalent course as is
approved by the Director, and has undergone such craft
apprenticeship in lift works as is approved by the Director
for a period, or an aggregate period, of not less than 4
years; or

(b)who has been in the employment, for a period, or an
aggregate period, of not less than 4 years, of any registered
lift contractor and is considered by the registered lift
contractor by whom he is employed to carry out the lift
works to have had sufficient experience or training in lift
works of that particular type so as to carry out such lift
works competently without supervision;

'competent escalator worker' means a person-

(a)who is the holder of a certificate in mechanical engineering,
or electrical or electronic engineering, or who has com-
pleted a course relating to escalators at any technical
institute or Vocational Training Centre or such equivalent





course as is approved by the Director, and has undergone
such craft apprenticeship in escalator works as is approved
by the Director for a period, or an aggregate period of, not
less than 4 years; or

(b)who has been in the employment, for a period, or an aggregate
period, of not less than 4 years, of any registered escalator
contractor and is considered by the registered escalator
contractor by whom he is employed to carry out the escalator
works to have had sufficient experience or training in escalator
works of that particular type so as to carry out such escalator
works competently without supervision.

(Added, 43 of 1987, s. 32)

30. (1) Any person who shall by himself, or by or in conjunction
with any other person, corruptly solicit or receive, or agree to receive for
himself, or for any other person, any gift, loan, fee, reward or advantage
whatsoever as an inducement to, or reward for, or otherwise on account
of any registered lift engineer or registered escalator engineer giving
any certificate required by, under or for the purposes of this Ordinance
or forbearing to make any report so required or doing or forbearing to do
anything in respect of the giving of any such certificate or the making of
any such report shall be guilty of an offence.

(2) Any person who shall by himself, or by or in conjunction with
any other person, corruptly give, promise or offer any gift, loan, fee,
reward or advantage whatsoever to any person, whether for the benefit
of that person or another person, as an inducement to or reward for or
otherwise on account of any registered lift engineer or registered
escalator engineer giving any certificate required by, under or for the
purposes of this Ordinance or forbearing to make any report so required
or doing or forbearing to do anything in respect of the giving of any
such certificate or the making of any such report shall be guilty of an
offence.

(3) Any person who is guilty of an offence under subsection (1) or
(2) shall be liable

(a)on summary conviction to a fine of $100,000 and to
imprisonment for 3 years; and (Amended, 43 of 1987, s.33)

(b)on conviction on indictment to a fine of $500,000 and to
imprisonment for 7 years. (Amended, 43 of 1987, s. 33)

(4) A prosecution under this section shall not be instituted except
by or with the consent of the Attorney General.

31. Where a person by whom an offence under this Ordinance has
been committed is a company, every director and every officer
concerned in the management of the company shall be guilty of the like
offence unless he proves that the act constituting the offence took
place without his knowledge or consent.





PART VI

SUPPLEMENTARY AND MISCELLANEOUS
PROVISIONS

32. (1) Where more than one lift or escalator is installed in any
building, each lift or escalator shall be marked with a number so as to
enable the lift or escalator to be identified as the lift or escalator to
which any certificate, order, notice or report given or made under the
provisions of this Ordinance relates.

(2)Where more than one lift or escalator is installed in any the

building, the owner of the lifts or escalators shall send such a plan to the
Director before or at the same time as the certificate issued under
section 12(2) or, where an application is made to the Director under section
35, before, or at the same time as, such application is made, and the
Director may refuse to permit the use and operation of the lifts or
escalators, as the case may be, until he has received such plan.

(3) If any person fails to comply with subsection (2), the Director
may so mark the lifts or escalators (if they have not already been so
marked) and cause to be prepared, and send to the owner of the lifts or
escalators, a plan showing the position of the same in the building and
the numbers marked thereon, and may recover the cost, which may
include supervision charges, of preparing such plan and of any work
involved therein by action in the District Court, if the sum claimed does
not exceed $60,000, or in the High Court. (Amended, 43 of 1987, s. 34)

33. Where any lift works which consist, either wholly or in part, of
major alterations are to be carried out in respect of any lift and where
any escalator works which consist, either wholly or in part, of the
alteration of the speed, operation or design of the escalator are to be
carried out in respect of any escalator, the registered lift contractor or
registered escalator contractor, as the case may be, engaged to carry out
such lift works or escalator works shall, as soon as practicable and, in
any event, before such works are commenced, in writing notify the
Director of the works which are to be carried out.

34. (1) Subject to subsection (2), a registered lift engineer or a
registered escalator engineer, as the case may be, may, for the purposes
of any examination under section 12(1) or section 13(1) or section 21 or
22 or in accordance with an order under section 25, carry out such tests
as he considers necessary of the lift or escalator, the safety equipment
provided therefor and the other machinery and equipment connected
therewith.

(2) No tests of the safety equipment provided for any lift or
escalator shall be made, for the purposes of any such examination, with
any load in the lift or on the escalator.





35. (1) Where, upon an examination and test under the
provisions of section 12 or upon an examination under section 21 or
22 or upon a test under section 23 or 24 or upon an examination
or test, or both, in accordance with an order under section 25, a
registered lift engineer or a registered escalator engineer is of opinion

that the lift or escalator or the machinery and equipment connected
therewith or the safety equipment provided therefor, as the case may
be, is not in safe working order and where, upon an examination and
test under section 13, such engineer is of opinion that those parts of
the lift or escalator affected by the lift works or escalator works are
not in safe working order, the owner of the lift or escalator may, if he
considers himself aggrieved by the decision of such engineer, apply
in writing to the Director, and thereupon subsection (2) shall apply.

(2) Upon an application under subsection (1), the Director may
examine the lift or escalator and the machinery and equipment
connected therewith, and test the safety equipment provided therefor,
as the case may be, or require the registered lift engineer or the
registered escalator engineer, as the case may be, to carry out such
examination or test, or both, in the presence of the Director or his
representative, and

(a)if the Director is satisfied that the lift or escalator and the
machinery and equipment connected therewith and the safety
equipment provided therefor is in safe working order, he shall
notify in writing the owner of the lift or escalator, as the case
may be, to that effect; or

(b) if-

(i) in the case of an application in respect of an examination
and test under section 13, the Director is not satisfied that
those parts of the lift or escalator affected by the lift works or
escalator works are in safe working order; or

(ii) in the case of any other application, the Director is not
satisfied that the lift or escalator and the machinery and
equipment connected therewith or the safety equipment
provided therefor, or both, as the case may be, is in safe
working order,

this Ordinance shall apply as if such application had not been
made. (Replaced, 43 of 1987, s. 35)

(3) For the avoidance of doubt, it is hereby declared that-

(a)where, at the time an application is made to the Director under
subsection (1), the Director has, in exercise of the

powers vested in him by the provisions of section 27, by
prohibited the use and operation of the lift or escalator, the
making of such application shall not stay the operation of such
order;

(b)the making of an application to the Director under subsection
(1) shall not prevent the Director from exercising the


power vested in him by section 27 of prohibiting the use
and operation of the lift or escalator; and





(e)the decision of the Director under subsection (2)(a) shall. not
exempt the owner of the lift or escalator, as the case may be,
from the requrements of sections 12, 13, 19, 21, 22, 23 and 24.
(Added, 43 of 1987, s. 35)

36. The Director may delegate to any officer of the Electrical and
Mechanical Services Department, either generally or particularly, such
of his powers or functions under' the provisions of this Ordinance as he
may consider expedient: (Amended, L.N. 76/82 and L.N. 298/82)

Provided that no delegation made hereunder shall preclude the
Director from exercising or performing at any time any of the powers or
functions so delegated.

37. (1) The Director, or any public officer authorized in writing by
him in that behalf, may, during the hours of daylight, enter and where
necessary, in the presence of a police officer, break into any premises,
other than a part of any premises which is actually used for dwelling
purposes, for the purpose of ascertaining whether the provisions of this
Ordinance or the requirements of any order made thereunder have been
or are being complied with or of examining, testing or inspecting any lift
or escalator or of disconnecting the supply of electricity to any lift or
escalator or for the purposes of section 32.

(2) Pursuant to a warrant issued under subsection (3), the Director
or any such public officer may for any of the purposes specified in
subsection (1) enter and, where necessary, in the presence of a police
officer break into any part of any premises which is actually used for
dwelling purposes.

(3) If a magistrate is satisfied by information on oath that, for any
of the purposes specified in subsection (1), it is necessary for the
Director or any such public officer to enter any part of any premises
which is actually used for dwelling purposes, he may by warrant under
his hand authorize the Director or such officer to enter such part and, if
necessary, to break into such part in the presence of a police officer.

38. (1) Where a lift or escalator has been used or operated, or
would, if used or operated, be likely to be used or operated, prate

contravention of an order under section 27 the
the Director may


disconnect, or require a registered lift contractor or registered escalator
contractor, as the case may be, to disconnect, the supply of electricity
to the lift or escalator and carry out such work as is necessary so as to
prevent, so far as possible, the reconnection of the supply of electricity.
(Replaced, 43 of 1987, s. 36)

(2) Where, pursuant to subsection (1), the supply of electricity to a
lift or escalator has been disconnected, such supply shall not be
reconnected without the permission in writing of the Director.





39. (1) Whenever the Director has received a certificate in
duplicate delivered by a registered lift engineer or a registered
escalator engineer under-

(a) section 12(2); or

(b) section 26(1),

and the prescribed fee he shall, save as provided in subsection (2),
deliver to the owner of the lift or escalator a copy of that certificate
after certifying on it that it has been received and registered.

(2) Where under section 12(3)(b) the Director refuses to per-
mit a new lift or escalator to be used or operated and when, under
section 14(2) or a direction of an appeal board given under section
17(1) or (2), he permits the lift or escalator to be used or operated, he
shall deliver a copy of the certificate in the specified form to the
owner of the lift or escalator after certifying on it that it has been
received and registered.

(3) The owner of the lift or escalator shall post, or cause to be
posted, in a conspicuous position in the lift or on the escalator any
certificate delivered to him under this section, and shall keep that
certificate so posted until another such certificate is delivered to him.
(Replaced, 43 of 1987, s. 37)

40. Wherever in this Ordinance provision is made for service
upon any person of any order, it shall be sufficient service if a copy
of such order is-

(a) delivered to the person upon whom it is to be served; or

(b)posted upon a conspicuous part of the building in which
the lift or escalator in respect of which such order is made
is situate.

41. (1) Every certificate issued under section 12(2), section
13(2) or under section 26 or 27 by a registered lift engineer or a
registered escalator engineer, except such a certificate issued by a
registered lift engineer or a registered escalator engineer who is not,
at the date of the issue of the certificate, employed by a registered lift
contractor or a registered escalator contractor, shall be counter-
signed by a registered lift contractor or a registered escalator
contractor, as the case may be.

(2) A registered lift contractor or registered escalator contrac-
tor who countersigns any such certificate shall not, solely by reason
thereof, incur any liability whatsoever in respect of the truth or
accuracy of any matter or thing contained therein.

42. The fees or charges in respect of any matter or thing done
pursuant to the *provisions of this Ordinance by a registered lift
engineer, registered escalator engineer, registered lift contractor or
registered escalator contractor shall be such as may be agreed
between the owner of the lift or escalator, as the case may be, and





such engineer, or any person by whom he is employed, or such
contractor.

43. (1) No liability shall rest upon the Government or upon any
public officer solely by reason of the fact that any lift or escalator and
the machinery and equipment connected therewith is subject to
examination or to cleaning, oiling and adjusting under the provisions of
this Ordinance, or solely by reason of the fact that the safety equipment
provided for any lift or escalator is subject to testing under the
provisions of this Ordinance, or solely by reason of the carrying out of
any such examination or test or the cleaning, oiling or adjusting of any
lift or escalator in accordance with the provisions of this Ordinance or
the carrying out of any other work pursuant to the provisions of this
Ordinance, or solely by reason of the carrying out by the Director of an
examination of a lift or escalator and all or any machinery and equipment
connected therewith or a test of the safety equipment provided for a lift
or escalator, or both, upon an application under section 35(1), or solely
by reason of any other matter or thing done or any certificate or report
given or made under the provisions of this Ordinance.

(2) No matter or thing done by the Director or by any officer of the
Electrical and Mechanical Services Department to whom the Director
has, pursuant to section 36, delegated any of his powers or functions or
by any public officer. acting under the direction of the Director shall, if it
was done bona fide for the purpose of executing the provisions of this
Ordinance, subject him personally to any action, liability, claim or
demand whatsoever. (Amended, L.N. 76/82 and L.N. 298/82)

44. Where the Director is satisfied that it is consistent with the
interests of safety, he may, if application in writing is made to him in that
behalf, exempt any lift or escalator from all or any of the provisions of
section 12, 13, 19, 21, 22, 23 or 24 and, in granting any such exemption,
the Director may impose such conditions as to the operation,
maintenance and examination of the lift or escalator or the testing of any
safety equipment provided therefor as he considers necessary.

(Replaced, 43 of 1987, s. 38)

44A. (1) Where the Director considers that it is expedient that a
goods lift to which this section applies should

(a)comply with the provisions of the Factories and Industrial
Undertakings Ordinance relating to goods lifts in industrial
undertakings; and

(b) be exempt from the provisions of this Ordinance,

he may serve on the owner of the lift a notice in writing exempting that
lift from the provisions of this Ordinance.

(2) This Ordinance shall cease to apply to a goods lift upon the
service on the owner of a notice under subsection (1).





(3) Nothing in subsections (1) and (2) shall prejudice in any way
the application of the Factories and Industrial Undertakings Ordinance
to a goods lift exempted from the application of this Ordinance under
subsection (1).

(4) Where the Director considers that it is expedient that a goods
lift in respect of which a notice of exemption has been served under
subsection (1) should cease to be exempt from the provisions of this
Ordinance, he may serve on the owner of the lift a notice in writing
revoking the exemption of that lift from the provisions of this Ordinance
with effect from a date specified in the notice.

(5) The date specified in a notice under subsection (4) shall be a
date not earlier than 4 weeks from the date of service of such notice on
the owner of the goods lift.

(6) In any proceedings under any Ordinance a document
purporting to be a copy of a notice served by the Director under
subsection (1) or (4) and purporting to be certified by the Director as a
true copy thereof shall be admitted in evidence on its production
without further proof and until the contrary is proved, the Court before
which such document is produced shall presume--

(a)that the document is certified by the Director as a true copy;
and

(b)that the document is a true copy of a notice issued under
subsection (1) or (4).

(7) This section applies to goods lifts used in an industrial
undertaking other than construction work.

(8) In this section-

'construction work' has the meaning assigned to it by section 2(1)
of the Factories and Industrial Undertakings Ordinance;

'goods lift' means a lift used or intended to be used exclusively for the
movement of goods or materials. (Amended, 43 of 1987, s.39)

(Added, 20 of 1976, s. 3)

45. The Director may specify any form for the purposes of this
Ordinance.

(Replaced, 43 of 1987, s. 40)

46. (1) Where, under any agreement, the lessee or sub-lessee of any
building is responsible for any lift or escalator which forms part of the
building or has become annexed by operation of law to the building, this
Ordinance shall, subject to subsection (2), and notwithstanding
paragraphs (a)(1), (ia) and (ii) and (b)(i), (ia) and (ii)
of section section 3(1) where the lessee or sub-lessee is not the Crown, a
government of any member of the Commonwealth, the Housing
Authority or Her Majesty's naval, military or air force services, apply,
during the continuance in force of such agreement, as if any reference
to the owner of a lift or escalator were a reference to such

lessee or sub-lessee.(Amended, 43 of 1987, s. 41)





(2) This section shall not apply until the owner of such lift or
escalator has notified the Director of the name of the person who is,
under such agreement, responsible for the lift or escalator.

47. (1) Any term agreed between a registered lift engineer or a
registered escalator engineer or any person by whom a registered lift
engineer or a registered escalator engineer is employed, or both, and the
owner of a lift or escalator, as the case may be, limiting the liability of, or
exempting from any liability, the registered lift engineer or the registered
escalator engineer or any person by whom he is employed or the
servants or agents of the registered lift engineer or the registered
escalator engineer or of the person by whom he is employed, or all of
them, in respect of any examination or test of the lift or escalator or any
test of the safety equipment provided therefor made, or any certificate or
report given or made, under the provisions of this Ordinance, shall not
be affected by any of the provisions of this Ordinance.

(2) Any term agreed between a registered lift contractor or a
registered escalator contractor and the owner of a lift or escalator, as the
case may be, limiting the liability of, or exempting from any liability, the
registered lift contractor or the registered escalator contractor, or his
servants or agents, or all of them, in respect of any certificate or report
given or made under the provisions of this Ordinance or in respect of
any lift works or escalator works carried out in respect of the lift or
escalator pursuant to the provisions of this Ordinance, shall not be
affected by any of the provisions of this Ordinance.

48. The provisions of this Ordinance shall be in addition to, and
not in derogation of any of, the provisions of the Factories and
Industrial Undertakings Ordinance, the Buildings Ordinance, the
Prevention of Bribery Ordinance and the Mining Ordinance.

49. (1) The Governor may by regulation provide for-

(a) registration of-

(i) lift engineers;

(ii) escalator engineers;

(iii) lift contractors;

(iv) escalator contractors, and the regulation of the
activities of such registered engineers and contractors;

(b)the design, construction, inspection, examination, testing,
operation and maintenance of lifts and escalators;

(c)the carrying out of lift works and escalator works, and other
works in relation thereto;

(d)plans, notices and certificates to be delivered to the Director;

(e) fees;





(f) forms;

(g) the better carrying into effect of this Ordinance.

(2) Regulations under subsection (1) may provide-

(a)that any regulations in force prior to the commencement of the
regulations made under subsection (1) shall apply to any lifts
or escalators that have been installed, or to any lift works or
escalator works that are completed or are being carried out, at
such commencement; and

(b)that the Director may require compliance with any regulations
made under subsection (1) in respect of any lifts or escalators
that are commissioned, or any lift works or escalator works that
are being carried out, at the commencement of such
regulations after a date specified by him.

(3) Regulations under subsection (1) may provide that a
contravention of any specified provision thereof shall be an offence and
may prescribe penalties therefor not exceeding a fine of $50,000 and
imprisonment for 12 months.

(4) Regulations under subsection (1), other than regulations under
paragraph (e) of that subsection, shall, subject to subsection (5), be
published once in the Gazette at least 3 weeks before coming into
operation.

(5) Where the Governor deems it expedient, he may dispense with
the requirement under subsection (4) to publish regulations at least 3
weeks before coming into operation.

(Added, 43 of 1987, s. 42)

50. (1) The Director shall include in the register of lift contractors
kept under section 11B(1), without payment of the prescribed fee
referred to in section 11 C(3), the names of all lift contractors which
appear in the register of lift contractors kept under section 8(1)(b) of the
Buildings Ordinance immediately before the commencement* of the
Lifts and Escalators (Safety) (Amendment) Ordinance 1987, and the
Director shall issue to every such lift contractor, whose name is so
included in the register of lift contractors, a certificate under section 11
C(3).

(2) The Director shall include in the register of escalator. contractors
kept under section 11B(1), without payment of the prescribed fee referred
to in section 11C(3), the names of all escalator contractors which appear
in the register of escalator contractors kept under section 8(1)(c) of the
Buildings Ordinance immediately before the commencement* of the Lifts
and Escalators (Safety) (Amendment) Ordinance 1987, and the Director
shall issue to every such escalator contractor, whose name is so
included in the register of escalator contractors, a certificate under
section 11 C(3).

(Added, 43 of 1987, s. 42)
Originally 44 of 1960. 7 of 1964. 20 of 1976. L.N. 156/77. L.N. 76/82. L.N. 298/82. L.N. 380/82. 43 of 1987. G.N.A. 8/61. Short title. Interpretation. (Cap. 123.) (Cap. 59.) (Cap. 87.) Application. Certain works deemed to be major alterations in relation to lifts. Registers of lift engineers and escalator engineers and qualifications for inclusion therein. Procedure on application for registration. Removal from register. Appointment of disciplinary board, etc. (Cap. 123.) Appointment of disciplinary board panel. (Cap. 123.) Disciplinary proceedings. Powers of disciplinary board appointed under section 8. Appeals from disciplinary board. (Cap. 4.) Duties of registered lift engineers or escalator engineers. (Cap. 123.) Registers of lift contractors and escalator contractors. Procedure on application for registration. Removal from register. Appointment of disciplinary board, etc. (Cap. 123.) Appointment of disciplinary board panel. Disciplinary proceedings. Powers of disciplinary board appointed under section 11E. Appeals from disciplinary board. (Cap. 4.) Duties of registered lift contractors or escalator contractors. (Cap. 123.) (Cap. 123.) Examination of new lifts and escalators and testing of safety equipment provided therefor. Examination and testing of lifts to which major alterations have been made and of escalators to which alteration of speed, etc. has been made. Procedure upon refusal of Director under sections 12 and 13. Owner may appeal against refusal of Director. Part III not to apply to service lifts. Appointment of appeal board, etc. Appointment of appeal board panel. Powers of appeal board. Determination of appeal board and procedure thereafter. Appeal to High Court on point of law. (Cap. 4.) Periodic maintenance of lifts and escalators. Certain lift works and escalator works to be carried out by registered lift contractor or registered escalator contractor. Periodic examination of lifts. Periodic examination of escalators. Periodic testing of safety equipment of lifts. Periodic testing of safety equipment of escalators. Power of Director to require lift or escalator to be examined or safety equipment to be tested. Procedure upon examination or test. Power of Director to prohibit us and operation of lift or escalator. Certain occurrences to be reported. Log-book of works to be kept and produced for inspection. Construction of service lifts. Overloading and carriage of persons in service lifts. Duty of owners of service lifts. (Cap. 123, sub. leg.) Duty of person engaged in operating service lift to report defects. Certain offences. Prohibition of use and operation of lifts and escalators in certain cases, and offences in connection therewith. Prohibition of carrying out of lift works or escalator works by unauthorized persons. Corruption. Liability of directors, etc. where company convicted of offence. Lifts and escalators to be numbered in certain cases, etc. Director to be notified where major alterations are to be carried out to lift and where speed, operation or design of escalator is to be altered. Registered lift or escalator engineer authorized to make tests for purposes of examination under section 12, 13, 21 or 22 in accordance with an order under section 25. Right of owner of lift or escalator aggrieved by decision of engineer to apply to Director, and procedure thereon. Delegation of powers. Powers of entry. Power of Director to disconnect supply of electricity in event of contravention of order under section 27. Director to certify receipt and registration of certificates from registered lift engineer or registered escalator engineer. Service of orders. Certificates to be countersigned. Fees or charges. Limitation of public liability. Power of Director to exempt lifts or escalators from certain provisions of the Ordinance. Power of Director to exempt goods lifts in an industrial undertaking from the provisions of the Ordinance. (Cap. 59.) (Cap. 59.) (Cap. 59.) Power of Director to specify forms. Special provisions as to application of Ordinance where lessee of building responsible for lift or escalator. Saving of agreement between owner of lift or escalator and registered lift engineer, etc., as to liability. Saving of certain Ordinances. (Cap. 59.) (Cap. 123.) (Cap. 210.) (Cap. 285.) Regulations. Transitional provisions. (Cap. 123.) (43 of 1987.) [*1.11.87.] (Cap. 123.) (43 of 1987.) [*1.11.87.]

Abstract

Originally 44 of 1960. 7 of 1964. 20 of 1976. L.N. 156/77. L.N. 76/82. L.N. 298/82. L.N. 380/82. 43 of 1987. G.N.A. 8/61. Short title. Interpretation. (Cap. 123.) (Cap. 59.) (Cap. 87.) Application. Certain works deemed to be major alterations in relation to lifts. Registers of lift engineers and escalator engineers and qualifications for inclusion therein. Procedure on application for registration. Removal from register. Appointment of disciplinary board, etc. (Cap. 123.) Appointment of disciplinary board panel. (Cap. 123.) Disciplinary proceedings. Powers of disciplinary board appointed under section 8. Appeals from disciplinary board. (Cap. 4.) Duties of registered lift engineers or escalator engineers. (Cap. 123.) Registers of lift contractors and escalator contractors. Procedure on application for registration. Removal from register. Appointment of disciplinary board, etc. (Cap. 123.) Appointment of disciplinary board panel. Disciplinary proceedings. Powers of disciplinary board appointed under section 11E. Appeals from disciplinary board. (Cap. 4.) Duties of registered lift contractors or escalator contractors. (Cap. 123.) (Cap. 123.) Examination of new lifts and escalators and testing of safety equipment provided therefor. Examination and testing of lifts to which major alterations have been made and of escalators to which alteration of speed, etc. has been made. Procedure upon refusal of Director under sections 12 and 13. Owner may appeal against refusal of Director. Part III not to apply to service lifts. Appointment of appeal board, etc. Appointment of appeal board panel. Powers of appeal board. Determination of appeal board and procedure thereafter. Appeal to High Court on point of law. (Cap. 4.) Periodic maintenance of lifts and escalators. Certain lift works and escalator works to be carried out by registered lift contractor or registered escalator contractor. Periodic examination of lifts. Periodic examination of escalators. Periodic testing of safety equipment of lifts. Periodic testing of safety equipment of escalators. Power of Director to require lift or escalator to be examined or safety equipment to be tested. Procedure upon examination or test. Power of Director to prohibit us and operation of lift or escalator. Certain occurrences to be reported. Log-book of works to be kept and produced for inspection. Construction of service lifts. Overloading and carriage of persons in service lifts. Duty of owners of service lifts. (Cap. 123, sub. leg.) Duty of person engaged in operating service lift to report defects. Certain offences. Prohibition of use and operation of lifts and escalators in certain cases, and offences in connection therewith. Prohibition of carrying out of lift works or escalator works by unauthorized persons. Corruption. Liability of directors, etc. where company convicted of offence. Lifts and escalators to be numbered in certain cases, etc. Director to be notified where major alterations are to be carried out to lift and where speed, operation or design of escalator is to be altered. Registered lift or escalator engineer authorized to make tests for purposes of examination under section 12, 13, 21 or 22 in accordance with an order under section 25. Right of owner of lift or escalator aggrieved by decision of engineer to apply to Director, and procedure thereon. Delegation of powers. Powers of entry. Power of Director to disconnect supply of electricity in event of contravention of order under section 27. Director to certify receipt and registration of certificates from registered lift engineer or registered escalator engineer. Service of orders. Certificates to be countersigned. Fees or charges. Limitation of public liability. Power of Director to exempt lifts or escalators from certain provisions of the Ordinance. Power of Director to exempt goods lifts in an industrial undertaking from the provisions of the Ordinance. (Cap. 59.) (Cap. 59.) (Cap. 59.) Power of Director to specify forms. Special provisions as to application of Ordinance where lessee of building responsible for lift or escalator. Saving of agreement between owner of lift or escalator and registered lift engineer, etc., as to liability. Saving of certain Ordinances. (Cap. 59.) (Cap. 123.) (Cap. 210.) (Cap. 285.) Regulations. Transitional provisions. (Cap. 123.) (43 of 1987.) [*1.11.87.] (Cap. 123.) (43 of 1987.) [*1.11.87.]

Identifier

https://oelawhk.lib.hku.hk/items/show/3244

Edition

1964

Volume

v21

Subsequent Cap No.

327

Number of Pages

42
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Tue, 23 Aug 2011 18:32:24 +0800
<![CDATA[DECLARATION OF ADDICTION TREATMENT CENTRE (CONSOLIDATION) ORDER]]> https://oelawhk.lib.hku.hk/items/show/3243

Title

DECLARATION OF ADDICTION TREATMENT CENTRE (CONSOLIDATION) ORDER

Description






DECLARATION OF ADDICTION TREATMENT
CENTRE (CONSOLIDATION) ORDER

(Cap. 326, section 3(1), (2))

[17 May 1963]




1. This order may be cited as the Declaration of Addiction
Treatment Centre (Consolidation) Order.

2. The places specified in the Schedule are declared to be
Addiction Treatment Centres.

The island of Shek Kwu Chau

The Society for the Aid and Rehabilitation of Drug Abusers Sister Aquinas
Memorial Women's Treatment Centre ( Detoxification Unit) at Tak Wah

Building, 15th floor, 290-296, Hennessy Road, Wan Chai, Hong
Kong.

The Society for the Aid and Rehabilitatior of Drug Abusers Sister Aquinas
Memorial Women's Treatment Centre (Rehabilitation Unit) at Sun Mine
House, units 7 and 8, ground floor and units 1 to 8, 2nd floor, Sun Chui

Estate, Sha Tin, New Territories.

3.

SCHEDULE

Declaration
of Addiction
Treatment
Centres.

L.N, 173178.
L.N. 224179.
L.N. 177186.

L.N. 177186.

lctD
G.N. 866/63. G.N. 2579/68. L.N. 173/78. L.N. 224/79. L.N. 177/86. Citation. Declaration of Addiction Treatment Centres. L.N. 173/78. L.N. 224/79. L.N. 177/86. L.N.. 177/86.

Abstract

G.N. 866/63. G.N. 2579/68. L.N. 173/78. L.N. 224/79. L.N. 177/86. Citation. Declaration of Addiction Treatment Centres. L.N. 173/78. L.N. 224/79. L.N. 177/86. L.N.. 177/86.

Identifier

https://oelawhk.lib.hku.hk/items/show/3243

Edition

1964

Volume

v20

Subsequent Cap No.

326

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:24 +0800
<![CDATA[DRUG ADDICTS TREATMENT AND REHABILITATION REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3242

Title

DRUG ADDICTS TREATMENT AND REHABILITATION REGULATIONS

Description






DRUG ADDICTS TREATMENT AND REHABILITATION
REGULATIONS

(Cap. 326, section 21)

[3rd February, 1961.]

regulations may be cited as the Drug Addicts Treatment
and Rehabilitation Regulations.

2. An application in accordance with the provisions of section 7(1)
of the Ordinance shall be made in either Form 1 or Form 2 in the
Schedule.

3. A bond to pay to the Government or to such other person as may
be entitled thereto, the proper costs of maintenance and treatment in a
centre of a patient, in accordance with the provisions of section 11(1) of
the Ordinance shall be in Form 3 in the Schedule.

4. A bond to secure the continued presence in a centre of a patient
made in accordance with section 12 of the Ordinance shall be in Form 4
in the Schedule.

5. A summons to a witness issued in accordance with the provision
of section 15 of the Ordinance shall be in Form 5 in the Schedule.

6. A superintendent shall be responsible for the treatment and care
of all patients in a centre and for the maintenance of good order in the
centre.

7. A superintendent may refuse to permit any person other than a
visitor to visit a patient in a centre or to permit a patient in a centre to
make or to receive any telephone call at the centre.

8. A superintendent may open and examine any letter, postal
packet, parcel or other matter which is delivered or left at a centre
addressed.to a patient in the centre and may refuse to permit any such
letter, postal packet, parcel or other matter to be delivered to a patient
and may return to the sender, if known, any such letter, postal packet,
parcel or other matter and may delete in any letter any part thereof.

9. A patient in a centre may be employed on such work in the centre
as the superintendent may consider necessary or desirable.

10. No patient in a centre shall have in his possession, without the
authority of the superintendent, any article and any such article found in
his possession may be confiscated by the superintendent.







11. Any person who enters a centre without lawful authority or
excuse shall be guilty of an offence and on summary conviction shall be
liable to a fine of five hundred dollars

12. If a notice of appeal in writing, made by a patient or by a visitor
is handed to or comes into the possession of a superintendent or of any
other person employed in a centre, the superintendent shall forthwith
cause such notice of appeal to be transmitted to the Chairman of the
Board.

13. (1) When the Chairman of the Board receives a notice of appeal
in writing from a patient, from a visitor, or from a superintendent, he shall
cause a meeting of the Board to be summoned for a date not more than
fourteen days after the receipt of such appeal and shall cause such
appeal to be heard at such meeting.

(2) Any meeting of the Board may be adjourned for any period or
periods not exceeding in all twenty-eight days from the date when an
appeal was first brought before the Board.

SCHEDULE

FORM 1


DRUG ADDICTS TREATMENT AND REHABILATION ORDINANCE



Application for Admission to an Addiction


The Superintendent of the
Addiction Treatment Centre at
Hong Kong.



Treatment Centre

[r. 2.]

I.........
(Name in English). (Name in Chinese Characters, if any).

(Addren).




hereby apply, in accordance with the provisions of section 7 of the Drug


Addicts Treatment and Rehabilitation Ordinance, for admission to the


above-mentioned Addiction Treatment Centre.
















2. I undertake that-



(i) I shall remain and may be detained in the said centre or in any


other centre to which 1 may be transferred if required by the


superintendent of the centre, for a period not exceeding six months


from the date of my first admission to the said centre in accordance


with this application;



(ii) I shall submit myself.to such treatment as may from time to time


be prescribed by the superintendent of the centre in which I am


detained;

(iii) I shall obey all lawful orders given to me by the superintendent


or by any person authorized by the superintendent;



(iv) if required by the superintendent, I shall leave the centre in which I


am detained forthwith; and


(v) I may be visited only by such persons as are permitted by the

superintendent.



3. I acknowledge that I may be detained against my win in the said


centre or in any such centre to which I may be transferred, for a period not


exceeding six months from the date of my furst admission to a centre in


accordance with this application and that I may be forcibly retaken by the

superintendent or by any police officer if I absent myself from the centre in


which I am detained, without the permission of the superintendent of the centre.

4. If required, I undertake to repay to

the cost of my maintenance and treatment in such centre as I may be detained,

in accordance
with such scale as has been shown to me before I completed this


application or on such scale as may be prescribed from time to time.






Dated this ..............day of 19


Signed by the said

............

in the presence of-


(Signatwe of Applicant).
( *MAWZW)

The Hong Kong Government or such other person as way be entitled thereto.


DRUG ADDICTS TREATMENT AND REHABILITATION ORDINANCE


(Chapter 326)

Application for Admission to an Addiction Treatment
Centre


The Superintendent of
the Addiction Treatment Centre at

Hong Kong.

[r. 2.]


.............................

(Name in English).

I ------------------------ - -----

(Name in Chinese Characters. if any).

of..........(Address).......

hereby apply, in


accordance with the provisions of section 7 of the Drug Addicts Treatment and

Rehabilitation Ordinance, for the admission of
(Name in English).

(Name in Chinese Characters, if any).
(Addrerss).

..........................................


a young person, of whom I am a parent/the guardian, to the above-mentioned

Addiction Treatment Centre












2. I undertake that the said

(i) will remain and may be detained in the said centre or in any other

centre to which he may be transferred if required by the superintendent

of the centre, for a period not
exceeding twelve mouths from the date

of his first admission to the said centre in accordance with this

application;



(ii) will submit himself to such treatment as may from time to time be


prescribed by the superintendent of the centre in which he is detained;


(iii) will obey all lawful orders given to him by the superintendent or by


any person authorized by the superintendent;


(iv) if required by the superintendent, will leave the centre in which he is
detained, within forty-eight
hours of being so required; and



(v) may be visited only by such persons as are permitted by the


superintendent.


3. I acknowledge that he may be detained against his will in the said


centre or in any such centre to which he may be transferred, for a period not

exceeding twelve months from the date of his first admission to a centre in

accordance with this

application and that he may be forcibly retaken by the super


intendent or by any police officer if he absents himself from the centre in which
he is detained, without the

permission of the superintendent of the centre.

4. If required, I undertake to repay to * ..........................................

the cost of his maintenance and treatment in such centre as he may be

detained, in accordance with such scale as has been shown to me before


I completed this application or on such scale as may be prescribed from

time to time.








Dated this day of

Signed by the said


in the presence of- (Signature of Applicant)


The title Hong Kong Govemnent or such other person as may be entitled thereto.

FORM 3

drug addicts treatment and rehabilitation ordinance

(Chapter 326)

BY THIS BOND

[r. 3.]

Bond to pay Cost of
Treatnient
------------------
--------
BY THIS BOND I................ (Name in English)...........

(Name in Chinese Characters, if any) of (Address)
................................


acknowledge myself bound to *

in accordance with the provisions of section 11 of the Drug Addicts Treatment

and Rehabilitation Ordinance, in the sum of $



........................................................................... Hong Kong
Dollars)

to be paid to the said
...........................................................................

Scaled with my seal this ......day of 19


NOW THE ABOVE VMTTEN BOND is oonditioned to be void in

case the above-bounden

personal representative or any person acting for or on behalf of him shall

within, one month of the lawful demand therefor, from time to time, pay to













all sums due in respect of the proper cost of maintenance and treatment

of
............................................................

(Name in Chinese Characters, if any). of (Address)


..................

in the drug addiction treatment

centre at or in any other

centre to which he may be transferred but in the event of the above-



bounden ................or his personal representative


failing to pay the said sums whenever due, the above written bond shall


remain in full force and effect notynthstanding that no demand has been


made for the same by the said * ............................................................


Signed, sealed and

delivered by the said



in the presence of-

(Signature of Applicant)

The Hong Kong Government or such other person as may be entitled thereto.



FORM 4


DRUG ADDICTS TREATMENT AND REHABILITATION ORDINANCE


(Chapter 326)

Bond to Secure the Continued Presence of a Patient in a Centre


BY TMS BOND I ..................... (name in english)



[r. 4.]

.................














(Name in Chinese Characters, if any).......... of ........(Address)


..................... acknowledge myself bound to



............................................................ in accordance with the provisions

of section 12 of the Drug Addicts Treatment and Rehabilitation Ordinance,


in the sum of $ ....................................


Hong Kong Dollars) to be paid to the said

Sealed with my seal this ......day of 19





NOW THE ABOVE WRITTEN BOND is conditioned to be void in

case

(Name in English).

( Name in Chinese Characters, if any)..........................


.......................



during the period of six monthsitwelve months from his first admission to an

addiction treatment centre, in accordance with the provisions of section 7 of the

said Ordinance remains in that centre or in any other centre to which he may be
lawfully transferred, if so required by the superintendent of the centre and if.

on any occasion in which
he has been permitted to be absent from a centre on

trial or for any other reasons which
the superintendent may consider necessary,

during such period of six months/twelve
months returns to the centre on the

expiry of the period of lawful absence, if so
required by the superintendent of the centre.

Signed, sealed and delivered by the said in the presence of-

(Signature of Applicant)




* The Hong Kong Government or such other person as may be entitled thereto.











FORM 5


DRUG ADDICTS TREATMENT AND REHABILITATION ORDINANCE

(Chapter 326)

Summons to Witness


In the matter of an appeal under section 16 of the Drug Addicts Treatment
and Rehabilitation Ordinance;




And in the matter of (1)
.................................................................. to (2)


You are hereby summoned to appear before the Addiction Treatment

Centre Appeal Board at ........................................................................



upon the ..day of ......at ........o'clock



in the noon to give evidence touching the appeal and also


to bring with you and produce (4) ............................................................


Given under my hand this .......day of 19



.......................

Chairman.

Addiction Treatment Centre Appeal Board.

(1) Insert name of patient who is appealing.


(2) Insert name and address of witness.

(3) Delete if not required.


(4) Specify any books, documents or other things required to be produced.










G.N.A. 93/60. L.N. 199/67. L.N. 170/72. Citation. Application for admission to a centre. Schedule, Forms 1 & 2. Bond. Schedule, forms 3. Bond. Schedule, Forms 4. Summons to witness. Schedule, Forms 5. Responsibility for treatment and care. Visitors and telephone calls. Censorship of letters etc. Employment of patients. Possession of articles without authority. Prohibition of entry to a centre. Appeal to Board. Hearing of appeal. L.N. 170/72.

Abstract

G.N.A. 93/60. L.N. 199/67. L.N. 170/72. Citation. Application for admission to a centre. Schedule, Forms 1 & 2. Bond. Schedule, forms 3. Bond. Schedule, Forms 4. Summons to witness. Schedule, Forms 5. Responsibility for treatment and care. Visitors and telephone calls. Censorship of letters etc. Employment of patients. Possession of articles without authority. Prohibition of entry to a centre. Appeal to Board. Hearing of appeal. L.N. 170/72.

Identifier

https://oelawhk.lib.hku.hk/items/show/3242

Edition

1964

Volume

v20

Subsequent Cap No.

326

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:32:23 +0800
<![CDATA[DRUG ADDICTS TREATMENT AND REHABILITATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3241

Title

DRUG ADDICTS TREATMENT AND REHABILITATION ORDINANCE

Description






LAWS OF HONG KONG

DRUG ADDICTS TREATMENT AND

REHABILITATION ORDINANCE

CHAPTER 326

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 326

DRUG ADDICTS TREATMENT AND REHABILITATION
ORDINANCE

ARRANGEMENT OF SECTIONS

Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

......................................Page
Short title ..........................2
Interpretation .......................2
Declaration of centres ...............2
Appointment of superintendents, etc . 3
Appointment and duties of visitors ...3
Delegation
Admission for treatment
Transfer

Absence on trial ...........................................

Detention and recapture ...................................................................................
Enforcement of costs .........................................................................

12.

13. Discharge
14. Addiction Treatment Centre Appeal Board
is. Powers of Board
16. Appeal
17. Supplying drugs, etc. to patients

18.
19.
20.
21.

Offence against a patient ................
Protection of addicts, etc . ...............
Protection of persons carrying out the provisions of this Ordinance .................
Power of Governor in Council to make regulations .........................................

4
4
5
5
5
5
6
6
7
7
8
8
9






9
9
10





CHAPTER 326

DRUG ADDICTS TREATMENT AND REHABILITATION

To establish centres for the treatment and rehabilitation of addicts of drugs and of
intoxicants and for purposes connected therewith.

[3February1961] G.N.A.10of1961

Originally 34 of 1960-65 of 1967,35 of 1969,76 of 1970,19 of 1972,28 of 1986, R. Ed. 1986,
L.N. 76 of 1989

1. Short title

This Ordinance may be cited as the Drug Addicts Treatment and

Rehabilitation Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

'addict' means a person who, by reason of his addiction to drugs or to intoxicants,
is dangerous either to himself or to others or is incapable of managing himself
or his affairs or of ordinary proper conduct or is in serious danger of physical or
mental disorder;

'Board' means the Addiction Treatment Centre Appeal Board appointed in
accordance with the provisions of section 14;

'centre' means any institution declared to be an Addiction Treatment Centre in
accordance with the provisions of section 3;

'patient' means a person who is undergoing treatment in a centre or who has left
the centre but is still legally liable to be detained in such centre;

'prescribed' means prescribed by regulations made in accordance with the
provisions of section 21;

'superintendent' means the superintendent or an assistant superintendent of a
centre appointed in accordance with the provisions of setion 4;

'visitor' means an Addiction Treatment Centre Visitor appointed in accordance with
the provisions of section 5;

'young person' means a person who has not attained the age of 18 years.
(Added19of1972s.2. Antended28of1986s.2)

3. Declaration of centres

(1) The Governor may by order declare any place which is the property of

the Government to be an Addiction Treatment Centre for the detention,





custody, treatment, care and rehabilitation of addicts, and may amend, alter or
cancel any such order.
(2) The Governor, on the application of the owner thereof, may by order
declare any place which is not the property of the Government to be an
Addiction Treatment Centre for the detention, custody, treatment, care and
rehabilitation of addicts upon such conditions as may be prescribed or as he
may consider necessary and may amend, alter or cancel any such order.
(3) Notification of every such order and of any amendment or alteration
thereto or cancellation thereof shall be published in the Gazette.

4. Appointment of superintendents, etc.

(1) The Governor may appoint-
(a) a medical practitioner; or
(b)if he is satisfied that adequate arrangements have been made for
the treatment of the patients in a centre by a medical practitioner,
any other person,
to he the superintendent or an assistant superintendent of a centre. (Replaced
76 of 1970 s. 3)
(2) Notification of every such appointment shall be published in the
Gazette.

5. Appointment and duties of visitors

(1) The Governor may appoint Addiction Treatment Centre Visitors for
each centre.
(2) (Repealed 28 of 1986 s. 3)
(3) Two or more visitors appointed in accordance with the provisions of
subsection (1) shall once at least in every month, together, inspect every part of
the centre of which they are visitors and shall see so far as circumstances
permit, every patient therein and the application or the transfer order for the
admission of every patient admitted since the last visitation of visitors and shall
see, if they so require, the application or the transfer order for the admission of
every other patient and shall enter in a book to be kept for that purpose any
comment which they may deem proper on the management and condition of
the centre and of the patients therein. (Amended 65 of 1967 s. 2)
(4) A copy of every comment entered in accordance with the provisions of
subsection (3) in respect of a centre which was declared in accordance with the
provisions of section 3(2) shall be sent by the superintendent to the Director of
Health within 48 hours of the entry thereof in the book. (Amended L.N. 76 of
1989)





6. Delegation

A superintendent may delegate any of his powers and functions under this
Ordinance to-
(a) a medical practitioner; or
(b) any other person approved by the Governor.

7. Admission for treatment

(Replaced 76 of 1970 s. 4)

(1) If any person, or in the case of a young person, his parent or
guardian, is of the opinion that he, or such person, as the case may be, is an
addict and should be receiving treatment for his addiction, and if he, or in the
case of a young person, his parent or guardian on his behalf, completes and
lodges with the superintendent of a centre an application for admission to the
centre in the prescribed form the superintendent may admit to the centre as a
patient the person named in the application form.
(2) An application shall contain-
(a)an undertaking by the person completing the application form
that the person named in the application form-
(i) if required by the superintendent shall remain and may be
detained in the centre or in any other centre to which he may
be transferred, for a period not exceeding 6 months or, in the
case of a young person, 12 months from the date of his first
admission to a centre in accordance with such application
form;
(ii)shall submit himself to such treatment as may be prescribed
by the superintendent of the centre in which he is detained;
(iii)shall obey all lawful orders given to him by the superin-
tendent or by any person authorized by the superintendent;
and
(iv) may be visited only by such persons and at such times as are
permitted by the superintendent; and
(b)an acknowledgment by the person completing the application
form that the person named in the application form may be
detained against his will in the centre named in the application
form or in any other centre to which he may be transferred for a
period not exceeding 6 months or, in the case of a young person,
for a period not exceeding 12 months from the date of his first
admission to a centre in accordance with such application form
and may be forcibly retaken by the superintendent or by any
police officer if he absents himself from the centre without the
permission of the superintendent,





and may contain such other matters as may be prescribed.
(Amended 65 of 1967 s. 3; 19 of 1972 s. 3)

8. Transfer

If it appears to a superintendent that it would be for the benefit of a patient
in a centre or of other patients in the centre that he should be transferred to
another centre, the superintendent by order may transfer the patient to another
centre and, on such transfer, the patient may be detained in the centre to which
he was transferred for the remainder of the period of 6 months or, in the case of
a patient who is a young person, for the remainder of the period of 12 months
from his first admission as if he had been first admitted to that centre.
(Amended 19 of 1972 s. 4)

9. Absence on trial

(1) A superintendent may from time to time permit a patient to be absent
from a centre on trial or for any other reason which he may consider necessary
for such period as the superintendent may think proper.
(2) Any absence in accordance with this section shall be subject to such
conditions as the superintendent may prescribe. (Amended 65 of 1967 s. 4)
(3) The superintendent may require a patient who has been permitted to
be absent from a centre to return to the centre at any time within the period of 6
months from the date of his first admission to a centre; and in case he fails to
return to the centre when so required he may be retaken by the superintendent
or by any police officer and conveyed to and received and detained in such
centre. (Amended 65 of 1967 s. 4)

10. Detention and recapture

Every person admitted into a centre in accordance with the provisions of
this Ordinance may be detained therein for a period of 6 months or, in the case
of a young person, 12 months from the date of his first admission to a centre in
accordance with an application made under section 7 until he be removed or
discharged in accordance with the provisions of this Ordinance and in case of
escape may be retaken within 90 days of such escape by the superintendent or
by any police officer and conveyed to and received and detained in the centre
from which he escaped.

(Amended 19 of 1972 s. 5)

11. Enforcement of costs

(1) As a condition to his reception in a centre, the superintendent, if he is
satisfied that the person completing an application form in accordance with the





provisions of section 7 has sufficient means to enable him to pay the costs of
treatment of the person named in the application form, may require the person
completing the application form to enter into a bond to pay to the Government or to
such other person as may be entitled thereto the proper costs of maintenance and
treatment of the person named in the application form so long as he is detained in
the centre.

(2) The High Court or the District Court, on the application by or on behalf of
such person as may be entitled to recover the costs of the maintenance and
treatment of a patient and on being satisfied that the patient has property which may
be applied towards his maintenance and treatment or that any person is legally
bound to maintain the patient and has sufficient means to enable him to do so, may
make an order for the recovery of the cost of the maintenance and treatment of the
patient, together with the cost of the application, out of the property of the patient or
from such other person. (Amended 35 of 1969 Schedule)

12. Bond

In addition to and not in derogation from the undertakings required by setion
7(2), a superintendent may require that a person completing an application form in
accordance with the provisions of section 7 shall enter into a bond in a sum not
exceeding $5,000 to secure the continued presence in the centre, or in any other
centre to which he may be transferred, of the person named in the application form.

13. Discharge

(1) A superintendent in his absolute discretion may discharge any patient from
a centre and, on such discharge, the liability of the patient to be detained in the
centre shall thereupon wholly cease and determine.

(2) A notice of discharge shall be served on the patient or, in the case of a
patient who is a young person on his parent or guardian. (Amended 65 of 1967 s. 5; 19
of 1972 s. 6)

(3) A patient on whom a notice is served under subsection (2) shall leave the
centre forthwith or, where a notice is served under that subsection on the parent or
guardian of a patient who is a young person, the parent or guardian shall remove the
patient from the centre within 48 hours of such service. (Added65of1967s.5.
Amended19of1972s.6)

(4) If a patient has escaped from a centre and has not been retaken and
conveyed to and detained in the centre from which he escaped within a period of 90
days from the date on which he escaped, he shall be deemed to have been
discharged in accordance with the provisions of subsection (1) on the expiry of such
period of 90 days save and except that any bond entered into in respect of





the patient in accordance with the provisions of section 12 may be forfeited in
such event. (Amended 19 of 1972 s. 6)

14. Addiction Treatment Centre Appeal Board

(1) For the purpose of hearing and determining appeals under section 16,
there shall be a Board to be known as the Addiction Treatment Centre Appeal
Board.
(2) The Board shall consist of-
(a)the Director of Health or the Deputy Director of Health as
Chairman; (Amended L.N. 76 of 1989)
(b)the Secretary for Security or his representative and the Director
of Social Welfare or his representative as ex officio members;
(Amended 28 of 1986 s. 4)
(c) not more than 4 members to be appointed by the Governor.
(3) A member appointed by the Governor shall hold office for such period
as may be specified in the letter of appointment and may be reappointed or
removed by the Governor at his pleasure.
(4) The quorum necessary for the transaction of business by the Board
may be fixed by standing orders made by the Board and, unless so fixed, shall
be 3 members.
(5) The Board may make standing orders governing its procedure in the
transaction of business, for the maintenance of good order at meetings of the
Board and generally for matters relating to the administration and management
of its business and the discharge of its duties.
(6) A copy of any standing order made by the Board in accordance with
the provisions of subsection (5) shall be furnished to the Chief Secretary and
such standing order shall be subject to disallowance, alteration and amendment
by the Governor.

15. Powers of Board

(1) For the purposes of an appeal under section 16, the Board shall have
the following powers-
(a) to hear, receive and examine evidence on oath; and
(b)to summon any person to attend the hearing of any appeal to
give evidence and to produce any document or any other thing in
his possession and to examine him as a witness or to require him
to produce any book, document or other thing in his possession,
subject to all just exceptions.
(2) A summons to a witness shall be in such form as may be prescribed
and shall be signed by the Chairman of the Board.





(3) Any person who, being summoned to attend as a witness or to produce a
book, document or other thing at the hearing of any appeal, refuses or neglects to
do so or to answer any question put to him by or with the concurrence of the
Chairman of the Board shall be guilty of an offence and shall be liable on summary
conviction to a fine of 55,000 and to imprisonment for 6 months: (Amended 28 of
1986 s. 5)

Provided that no person shall be bound to incriminate himself and every
witness shall, in respect of any evidence given by him before the Board, be entitled
to the same privileges to which he would be entitled if giving evidence before a
court of justice.

16. Appeal

(1) If a patient, or in the case of a patient who is a young person his parent or
guardian, is aggrieved by his detention or the detention of the young person, as the
case may be, in a centre in accordance with the provisions of this Ordinance, the
patient or the parent or guardian of the patient who is a young person may appeal in
writing to the Board against such detention and, on such appeal, the Board may
dismiss the appeal or may allow the appeal upon such conditions, if any, as the
Board may consider necessary and if the Board shall allow the appeal, the Board
shall order that the patient be discharged from the centre and thereupon the
superintendent shall discharge the patient. (Amended 19 of 1972 s. 7)

(2) Any visitor may appeal to the Board on behalf of any patient and on such
appeal, the Board shall be empowered to deal with the appeal as if it were an appeal
by a patient.

17. Supplying drugs, etc. to patients

(1) Any person who, without the permission of the superintendent, sends to or
brings or throws into a centre any dangerous drug to which the Dangerous Drugs
Ordinance (Cap. 134) applies or any alcoholic liquor, tobacco or tool shall be guilty
of an offence and shall be liable on conviction to a fine of $10,000 and to
imprisonment for 2 years. (Amended28 of 1986s.6)

(2) Any person who, without the permission of the superintendent, sends or
delivers to any patient in a centre, or deposits in a centre with a view to its coming
into the possession of any patient, any money, clothing, food, drink, paper, book,
letter or other thing shall be guilty of an offence and shall be liable on conviction to
a fine of $5,000. (Amended 28 of 1986 s. 6)

(3) The superintendent may confiscate any thing in respect of which
subsection (1) or (2) is contravened.

(4) Subject to subsection (5), the superintendent, or any person authorized by
the superintendent, may search any person, and the property of any





person, who is in a centre and who is suspected by the superintendent, or such
authorized person, of committing or having committed an offence against
subsection (1) or (2).

(5) A female shall not be searched under subsection (4) except by a female, and
no person shall be searched thereunder in public if he objects to being so searched.

(Replaced 65 of 1967 s. 6)

18. Offence against a patient

Any attendant, nurse, servant or other person employed in a centre who ill-
treats or wilfully neglects any patient in the centre shall be guilty of an offence and
shall be liable on summary conviction to a fine of $10,000 and to imprisonment for 2
years.

(Amended 28 of 1986 s. 7)

19. Protection of addicts, etc.

No statement or admission made by an addict for the purpose of being admitted
to a centre and no statement or admission made by a patient in a centre shall be
admissible as evidence against the maker of the statement or admission in any
proceedings against him under the Dangerous Drugs Ordinance (Cap. 134).

20. Protection of persons carrying out

the provisions of this Ordinance

(1) No superintendent or other person employed in a centre who has purported
to act in accordance with the provisions of this Ordinance shall be liable to any civil
or criminal proceedings, whether on the ground of want of jurisdiction or on any
other ground, unless he has acted in bad faith or without reasonable care.

(2) No proceedings, civil or criminal, shall be brought against any person in any
court in respect of any action by such person purported to be in accordance with
the provisions of this Ordinance, without the leave of the court and leave shall not
be given unless the court is satisfied that there is substantial ground for the
contention that the person, against whom it is sought to bring the proceedings, has
acted in bad faith or without reasonable care.

(3) Notice of any application under subsection (2) shall be given to the person
against whom it is sought to bring the proceedings and that person shall be entitled
to be heard against the application.





21. Power of Governor in Council to make regulations

(1) The Governor in Council may by regulation provide for-

(a)any matter which by this Ordinance is required or permitted to be
prescribed;

(b)the manner in which application for admission into a centre shall be
made and the form to be used in connection therewith;

(e) the duties of a superintendent;

(d) the duties of a visitor;

(e) the amount to be paid by any person in respect of the
maintenance of patient in a centre;
the books and records to be kept in a centre;

(g) the manner in which appeals may be made to the Board;

(h)generally, the carrying into effect of the provisions of this Ordinance.

(2) Any such regulation may provide that the contravention thereof shall
constitute an offence and may prescribe penalties for any offence not exceeding

a fine of $5,000 and imprisonment for 6 months.(Amended28ofl986s.8)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3241

Edition

1964

Volume

v20

Subsequent Cap No.

326

Number of Pages

11
]]>
Tue, 23 Aug 2011 18:32:22 +0800
<![CDATA[PRISONERS (RELEASE UNDER SUPERVISION) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3240

Title

PRISONERS (RELEASE UNDER SUPERVISION) REGULATIONS

Description






PRISONERS (RELEASE UNDER SUPERVISION)
REGULATIONS

(Cap. 325, section 20)

[1 July 1988.1

1. These regulations may be cited as the Prisoners (Release under
Supervision) Regulations.

2. In these regulations, unless the context otherwise requires

'applicant' means a person who has applied under section 6 of the
Ordinance for an order for his release from imprisonment or under
section 12(1) or 16(1) for a review;

'chairman' means the person serving as chairman of the Board under
section 3(a) of the Ordinance.

3. (1) The Board shall meet as often as is necessary, and at such
times and places as the chairman may appoint, for the purposes of
considering the cases of applicants.

(2) At meetings of the Board 3 members of the Board shall form a
quorum.

(3) The chairman shall preside at meetings of the Board, and if the
chairman is absent the members present shall appoint from among
themselves a member to preside at that meeting.

4. (1) Before it considers an applicant's case the Board shall inform
him in writing that he has the right to make written representations to
the Board within such time as the Board may specify.

(2) Any representations made under this regulation by an applicant
shall be considered by the Board when considering his case.

5. (1) Where the Board so directs, and the applicant consents, a
member of the Board designated by the Board may interview an
applicant.

(2) After the applicant is interviewed he shall be given an
opportunity within such time as the Board may specify to make any
written representations, in addition to any earlier representations that he
may have made, which he wishes to be considered by the Board.

(3) A member of the Board who has interviewed an applicant shall
make a report of the interview in writing to the Board.

(4) A report on the applicant made under paragraph (3) shall be
considered by the Board when it considers his case.





6. When considering an applicant's case the Board shall give effect
to the matters mentioned in the First Schedule and shall have regard to
such other matters as in the opinion of the Board are relevant to the
case.

7. Conditions that may, under section 7(3) of the Ordinance, be
specified for inclusion in a supervision order may relate to matters
referred to in the Second Schedule.

8. Where the Board recommends release under supervision under
the Ordinance the Board shall when so recommending provide a written
report, and a copy of any report made under regulation 5(3), to the
Governor.

9. Supervision orders, and orders for the reimprisonment of
persons pursuant to section 14(4) of the Ordinance, shall be in such
form as the Commissioner may specify.

FIRST SCHEDULE

[reg. 6.]

Matters to be considered by the Board

1 No applicant shall be recommended for release from imprisonment under
the Ordinance unless the Board has had the opportunity to examine the following

(a)a report of the Superintendent of the prison relating to the conduct in
prison of the applicant, including any recommendations which the staff
of the prison have made;

(b)any report that was prepared for the court of trial to assist the trial judge
or magistrate, as the case may be, in determining sentence;

(e) any recorded observations of the trial judge or magistrate, as the case
may

(d)

(e)

be, in passing sentence;
any medical reports on the applicant that are available to the Board;
any report and recommendation which the Commissioner of Police has
made for the Board.

2. In determining whether to make a recommendation that an applicant
should be released under supervision under the Ordinance the Board, in addition to
any other matters which it considers relevant to its deliberations, shall consider the
following in relation to the applicant

(a)his personality, maturity, stability, sense of responsibility and any
apparent development in personality which may promote or hinder his
capacity to comply with the law and with conditions in his supervision
order;

(b) the adequacy of supervision available for his supervision order;

(c)his ability and readiness to assume obligations and to undertake
responsibilities;

(d) his intelligence and training;

(e) his family circumstances;







(f) his associates before imprisonment;

(g) where he proposes to reside on release from imprisonment;

(h)any history of the use by him of drugs, or of involvement by him with
any person who holds a criminal record;

(i) his criminal record;





(j) his conduct in prison;

(k) his attitude towards authority and the law; and

(1)his conduct during any previous period of probation, care, supervision or
licence.

3. No applicant shall be recommended for release under supervision under the
Ordinance if the Board concludes that

(a) it is unlikely that he will comply with the conditions of his supervision
order;

(b)a supervision order in respect of the applicant would be inappropriate
having regard to the gravity of the offence for which the applicant was
sentenced to imprisonment; or

(c)continuing correctional treatment, medical care, or vocational or other
training in an institution of the Correctional Services Department would
substantially enhance the capacity of the applicant to lead a law-abiding
life if he were released at a later date.

SECOND SCHEDULE

[reg. 7.]

Conditions of a supervision order
Conditions in a supervision order may include conditions relating to the
applicant's-

(a) reporting requirements under the order;

(b) financial responsibilities towards his dependants;

(c) employment;

(d) place of residence;

(e) remaining within any geographical area;

(f) attendance for medical treatment;

(g)refraining from associating with persons who have a criminal record or
who have any connection with the offence for which he was sentenced;

(h)refraining from visiting any place connected with the offence for which he
was sentenced; and

(i) contributions (if any) for food and accommodation in a hostel.
L.N. 398/87. Citation. Interpretation. Meetings of the Board. Representations by the applicant. Interviewing the applicant. Matters to be considered by the Board. First Schedule. Conditions of a supervision order. Second Schedule. Reports of the Board. Forms.

Abstract

L.N. 398/87. Citation. Interpretation. Meetings of the Board. Representations by the applicant. Interviewing the applicant. Matters to be considered by the Board. First Schedule. Conditions of a supervision order. Second Schedule. Reports of the Board. Forms.

Identifier

https://oelawhk.lib.hku.hk/items/show/3240

Edition

1964

Volume

v20

Subsequent Cap No.

325

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:32:21 +0800
<![CDATA[PRISONERS (RELEASE UNDER SUPERVISION) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3239

Title

PRISONERS (RELEASE UNDER SUPERVISION) ORDINANCE

Description






LAWS OF HONG KONG

PRISONERS (RELEASE UNDER

SUPERVISION) ORDINANCE

CHAPTER 325

REVISED EDITION 1987

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 325

PRISONERS (RELEASE UNDER SUPERVISION)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section

PART I

PRELIMINAR
Y

Page

1..........Short title ........................ ... ... ... ... ... ... ... ... ... 2
2..........Interpretation ..................... ... ... ... ... ... ... ... ... ... 2

3..............................Establishment of the Release under Supervision Board ... ... ... ... ... 2

4.................Functions of the Board ...... ... ... ... ... ... ... ... ... ... ... 2

5.......................Limitation on the powers of the Board ... ... ... ... ... ... ... ... 3

PART 11

RELEASE UNDER
SUPERVISION

6. Application for release under a supervision order
7. Release under supervision

8.

9.
10.
11.
12.
13.

Release by the Commissioner and service of supervision order
Duration of supervision order ... ...
Requirements of release under supervision
Absence from the hostel

Review ................................. ... ... ... ... ... ... ... ... 5

Offence of failing to comply with a supervision order ... ... ... ... ... ... 5

PART Ill

REVOCATION OF SUPERVISION
ORDER

14.....................Revocation of supervision order ... ... ... ... ...

15. Action to be taken by Commissioner on reimprisonment

16.....................Review following reimprisonment ... ...

17. Computation of period of imprisonment

PART IV







MISCELLANEOU
S

18. Decisions final
19. Governor's powers

20.........Regulations ... ...
21.
22.

Ancillary amendment of section 109AA of Criminal Procedure Ordinance ...

Transitional ...

....... ...

6

6
7
7
7
7





CHAPTER 325

PRISONERS (RELEASE UNDER SUPERVISION)

To provide for the release of prisoners under supervision on the
recommendation of an advisory board,. and for connected
purposes.

[1 July 1988.1

PART I

PRELIMINARY

1. This Ordinance may be cited as the Prisoners (Release under
Supervision) Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Board' means the Release under Supervision Board established under
section 3;

'Commissioner' means the Commissioner of Correctional Services;

'hostel' means a building or portion of a building set aside as a hostel
under section 24B of the Prisons Ordinance;

'prisoner' includes a person who has been released from imprisonment
under this Ordinance;

'supervision order' means a supervision order made by order of the
Governor under section 7(1) or (2).

3. There shall be a Release under Supervision Board which shall
consist of not less than 5 members appointed by the Governor, and the
members so appointed shall include

(a)a person who holds or has held judicial office, who shall be
the chairman;

(b)a medical practitioner appearing to the Governor to have
experience in psychiatry; and

(c)persons appearing to the Governor to have experience of, or
an active interest in, the rehabilitation of offenders.

4. The Board shall consider-

(a) applications under section 6;

(b)the conditions to be specified by the Governor, and the
variation or cancellation of those conditions, under section
7(3);

(c) applications for review under sections 12(1) and 16(1);

(d)revocations that are proposed to be made under section 14(1);
and





(e) revocations that have been made under section 14(3),

and shall make such recommendations to the Governor as it thinks
fit in respect of those matters and of any other matters that it con-
siders under this Ordinance.

5. The Board shall not consider an application by a prisoner
under section 6 within 1 year after the date-

(a)of the refusal of an application made by him under that
section;

(b)of the revocation under section 14(1) or (3) of a supervision
order made in respect of him; or

(c)on which under section 14(2) a supervision order made in
respect of him ceases to have effect.

PART 11

RELEASE UNDER SUPERVISION

6. Not earlier than 6 months before a prisoner is eligible for
release under section 7(1) or (2), he may apply in writing to the
Governor through the Board for an order for his release under that
section subject to supervision.

7. (1) The Governor may, if the Board so recommends,
order that a prisoner who-

(a)is serving a sentence of imprisonment of 3 years or more
(other than imprisonment for life); and

(b)has served not less than one-half or 20 months of that
sentence (whichever is the greater),

be released from that imprisonment and be subject to supervision
under this Ordinance.

(2) The Governor may, if the Board so recommends, order
that a prisoner who-

(a)is serving a sentence of imprisonment of 2 years or more
(other than imprisonment for life); and

(b)is within 6 months of the expiry of his imprisonment
(taking into account remission under the Prison Rules),

be released from that imprisonment subject to supervision under this
Ordinance, and be required whilst under such supervision to reside
in a hostel and, as far as practicable, to obtain and remain in
employment whilst so residing.

(3) The Governor may after considering the recommendations
of the Board specify such conditions as he thinks fit to be included in





a supervision order and may at any time vary or cancel them, and such
conditions may include any conditions specified in regulations made
under section 20.

(4) A person who is

(a)sentenced to imprisonment in circumstances in which he is, by
virtue of section 5A(1)(a) or (2) of the Training Centres
Ordinance, subject to the provisions of that Ordinance on his
release from that imprisonment; or

(b)subject to a removal order or a deportation order made under
the Immigration Ordinance,

shall not be eligible to be released under this section.

8. (1) Where the Governor makes an order under section 7(1) or (2)
for the release of a prisoner under supervision, the Commissioner shall
cause a supervision order to be drawn up in accordance with regulations
made under section 20, containing such conditions as are specified by
the Governor under section 7(3), and to be served upon the prisoner,
and the prisoner shall be released.

(2) Where the Governor varies or cancels the conditions of a
supervision order under section 7(3), the Commissioner shall cause
written notice of the variation or cancellation to be served personally
upon the prisoner.

9. (1) A supervision order shall, unless previously revoked or
ceasing to have effect under section 14, remain in effect until the date on
which the prisoner in respect of whom it was made would have been
released from imprisonment if he had served his sentence of
imprisonment

(a)in the case of a supervision order made under section 7(1),
without remission under the Prison Rules;

(b)in the case of a supervision order made under section 7(2),
with any remission for which he is eligible under the Prison
Rules.

(2) The date until which a supervision order is to remain in effect in
accordance with subsection (1) shall be specified in the order.

10. A prisoner who is released from imprisonment subject to a
supervision order shall

(a)be subject to supervision by such person as shall be specified
by the Commissioner in the order; and

(b) comply with the requirements and conditions of the order.

11. (1) Where a prisoner is residing in a hostel by reason of a
supervision order made under section 7(2), the Commissioner may issue
a permit in writing permitting him to be absent from that hostel for a
period not exceeding 5 days subject to such conditions as the
Commissioner thinks fit.





(2) Any prisoner to whom a permit has been issued under this
section and who, without lawful excuse, does not return to the hostel
specified in that permit at or before the expiration of the period of
absence specified in the permit, or who fails to comply with any
condition imposed under subsection (1), commits an offence and is liable
to a fine of $5,000 and to imprisonment for 12 months.

(3) Any person may arrest without warrant any prisoner whom he
reasonably suspects to be guilty of an offence under subsection (2).

12. (1) Where the Governor refuses to make a supervision order in
respect of a prisoner, the Commissioner shall deliver to the prisoner
notice in writing of that fact and the prisoner may, within 14 days of
receipt of the notice, apply in writing to the Governor through the Board
for a review of the Governor's decision.

(2) On review, the Governor may, after considering the
recommendations of the Board, make a supervision order or make no
order.

(3) A prisoner may apply for only one review of a decision.

13. A person who, without lawful authority or reasonable excuse,
fails to comply with the conditions of a supervision order commits an
offence and is liable to a fine of $5,000 and to imprisonment for 12
months.

PART 111

REVOCATION OF SUPERVISION
ORDER

14. (1) The Governor may, after considering the recommendations
of the Board, revoke a supervision order and if he does so shall inform
the Commissioner of that fact.

(2) Where a person who is subject to a supervision order

(a) is convicted of an offence and sentenced to imprisonment

(other than a sentence that is suspended); or

(b) is also the subject of a suspended sentence that is ordered

to take effect under section 109C(1)(a) or (b) of the
Criminal Procedure Ordinance,

the supervision order shall cease to have effect.

(3) Where it appears to him that the public interest requires that a
person in respect of whom a supervision order is in effect be
reimprisoned immediately, the Commissioner may revoke that order.

(4) Where under this section a supervision order is revoked or
ceases to have effect, the Commissioner shall cause an order for the
reimprisonment of the person in respect of whom the supervision order
was made to be drawn up in accordance with regulations made





under section 20, and that person shall be arrested and surrendered into the
custody of the Commissioner, and the Commissioner shall reimprison him for
the remainder of his sentence.

(5) An arrest under subsection (4) may be effected without a warrant, by
any person.

15. (1) As soon as practicable after a person is reimprisoned under section
14(4), the Commissioner shall inform him of

(a) the reasons for his reimprisonment; and

(b)his right to apply for a review of his case under section 16(1).

(2) Where a person is reimprisoned under section 14(4)-

(a)the Commissioner shall report that fact to the Board as soon as
practicable; and

(b)the Board may, if it thinks fit, make recommendations to the
Governor in relation to that person, whether or not he has applied
for a review under section 16(1).

16. (1) A person who is reimprisoned under section 14(4) may, within 14
days of his reimprisonment, apply in writing to the Governor through the
Board for a review of his case, unless he is reimprisoned by reason of his
supervision order ceasing to have effect under section 14(2).

(2) The Governor may, after considering the recommendations of the
Board, order under section 7(1) or (2) the release of a person who has been
reimprisoned under section 14(4), or may make no order.

17. In computing the remaining period of a sentence to be served by a
person who has been reimprisoned under section 14(4)

(a)no remission shall be granted under the Prison Rules in respect of
that part of the sentence served before his release under the
supervision order; but

(b) the period to be served-

(i) shall be reduced by the period for which the supervision order
was in effect; and

(ii) may be further reduced by remission in accordance with the
Prison Rules in respect of that part of the sentence which is served
after the date of reimprisonment.

PART IV

MISCELLANEOUS

18. Subject to section 15(1), the Governor, the Board and the
Commissioner shall be under no obligation to give any reasons for their
decisions under this Ordinance, and those decisions shall be final and not be
subject to appeal to or review by any court.





19. (1) The Governor shall not be bound by any recommendation of
the Board.

(2) The Governor may delegate the exercise of any of his powers
under this Ordinance to the Secretary for Security.

20. The Governor in Council may make regulations for the better
carrying out of the provisions of this Ordinance and, in particular, may
provide for

(a) the procedure of the Board;

(b)matters to be considered by the Board in the exercise of its
functions under this Ordinance;

(c)without prejudice to the generality of section 7(3), conditions
which may be specified in a supervision order; and

(d) forms.

21. Section 109AA of the Criminal Procedure Ordinance is amended

(a) by deleting subsection (1) and substituting the following

'(1) In the case of a person who, before attaining the
age of 25 years, is released from imprisonment or
completes after such release a period of supervision
ordered under section 7(2) of the Prisoners (Release
under Supervision) Ordinance, the Commissioner of
Correctional Services shall, subject to subsections (1A)
and (2) of this section, make a supervision order under
this section if the sentence of imprisonment which that
person has served, or in respect of which the order under
section 7(2) of that Ordinance was made, was for a term

(Cap. 325)

(Cap. 325)

(a) of 3 months or more;

(b)other than in default of payment of a sum of
money; and

(c) which that person began to serve-

(i) before he attained the age of 21 years;
and

(ii) after 1 May 1980.'; and

(b) by inserting after subsection (1) the following-

'(1A) No supervision order shall be made under
subsection (1) on the release of a person from
imprisonment where he is so released subject to
supervision under section 7(1) of the Prisoners (Release
under Supervision) Ordinance.'.

22. This Ordinance shall apply to persons sentenced before it
comes into operation as it applies to persons sentenced thereafter.





LAWS OF HONG KONG

PRISONERS (RELEASE UNDER SUPERVISION)

ORDINANCE

CHAPTER 325

(SUBSIDIARY LEGISLATION)

REVISED EDITION 1987

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG
Originally 59 of 1987. L.N. 428/87. Short title. Interpretation. (Cap. 234.) Establishment of the Release under Supervision Board. Functions of the Board. Limitation on the powers of the Board. Application for release under a supervision order. Release under supervision. (Cap. 234, sub. leg.) (Cap. 280.) (Cap. 115.) Release by the Commissioner and service of supervision order. Duration of supervision order. (Cap. 234, sub. leg.) Requirements of release under supervision. Absence from the hostel. Review. Offence of failing to comply with a supervision order. Revocation of supervision order. (Cap. 221.) Action to be taken by Commissioner on reimprisonment. Review following reimprisonment. Computation of period of imprisonment. (Cap. 234, sub. leg.) Decisions final. Governor's powers. Regulations. Ancillary amendment if section 109AA of Criminal Procedure Ordinance. (Cap. 221.) Transitional.

Abstract

Originally 59 of 1987. L.N. 428/87. Short title. Interpretation. (Cap. 234.) Establishment of the Release under Supervision Board. Functions of the Board. Limitation on the powers of the Board. Application for release under a supervision order. Release under supervision. (Cap. 234, sub. leg.) (Cap. 280.) (Cap. 115.) Release by the Commissioner and service of supervision order. Duration of supervision order. (Cap. 234, sub. leg.) Requirements of release under supervision. Absence from the hostel. Review. Offence of failing to comply with a supervision order. Revocation of supervision order. (Cap. 221.) Action to be taken by Commissioner on reimprisonment. Review following reimprisonment. Computation of period of imprisonment. (Cap. 234, sub. leg.) Decisions final. Governor's powers. Regulations. Ancillary amendment if section 109AA of Criminal Procedure Ordinance. (Cap. 221.) Transitional.

Identifier

https://oelawhk.lib.hku.hk/items/show/3239

Edition

1964

Volume

v20

Subsequent Cap No.

325

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:32:20 +0800
<![CDATA[PROTECTION OF NON-GOVERNMENT CERTIFICATES OF ORIGIN ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3238

Title

PROTECTION OF NON-GOVERNMENT CERTIFICATES OF ORIGIN ORDINANCE

Description






LAWS OF HONG KONG

PROTECTION OF NON-GOVERNMENT

CERTIFICATES OF ORIGIN ORDINANCE

CHAPTER 324





CHAPTER 324

PROTECTION OF NON-GOVERNMENT CERTIFICATES
OF ORIGIN ORDINANCE

ARRANGEMENT OF SECTIONS

Section

1. Short title
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

... ... ... ...
Interpretation
Power to issue certificates ...
Discretion to refuse to issue or to revoke certificates of origin
Power to maintain register ... ...
Method of making application and power to call for evidence in support
Offences in relation to certificates of origin
Liability of company, directors, etc. ...
Time limit for charge of offence ... ...
Powers of authorized officers ... ...
Power of arrest ... ... ...
Amendment of Schedule
Saving ...

Schedule. Chambers of commerce and other bodies to whose certificates of origin the
Ordinance applies ...

Page

2
2
2
3
3
4
4
6
6
6
7
8
8

8





CHAPTER 324

PROTECTION OF NON-GOVERNMENT CERTIFICATES
OF ORIGIN

To make provision for the better protection of certificates of origin
issued by chambers of commerce and other bodies.


[8 September 1967.]

1. This Ordinance may be cited as the Protection of
NonGovernment Certificates of Origin Ordinance.

2. In this Ordinance, unless the context otherwise requires

'authorized officer' means an officer of the Customs and Excise
Department authorized in writing by the Commissioner to carry out
duties under this Ordinance; (Replaced, L.N. 294182)

'certificate of origin' means a certificate of origin issued under section
3;

'chamber of commerce or other body' means a chamber of

commerce or other body specified in the Schedule;

'Commissioner' means the Commissioner of Customs and Excise
and any Deputy or Assistant Commissioner of Customs and
Excise; (Replaced, L.N. 294/82)

'register' means any register maintained by any chamber of @the body
under section 5.

3. (1) Any chamber of commerce or other body may issue a

certificate of origin in respect of any article manufactured, processed
or produced in Hong Kong or any other country that has been or is
to be exported or re-exported from Hong Kong.

(2) Such certificate of origin may specify or contain-

(a)

the manner in which the article has been manufactured,
processed or produced;

(b)particulars of the persons concerned in the manufacture,
processing, production or exportation of the article;

(e) particulars with respect to-

(i) the origin of the article to which the certificate of origin
relates;

(ii) the materials or parts of which the article is composed or
which were used during the manufacture, processing or
production of the article; or

(iii) the method of shipment of the article; and









(d) such other details as may

(i) identify the article; or
(ii) generally facilitate its importation into any country;

(3) Any certificate of origin issued under this section shall be

in such form as the chamber of commerce or other body issuing the
certificate may specify and shall be subject to such conditions as may
be endorsed therein.

4. (1) Any chamber of commerce or other body may, with-

out assigning any reason therefor-

(a) refuse to issue a certificate of origin;

(b)impose such conditions on the issue of any certificate of origin
or in respect of any class or type of goods for which a
certificate of origin may be issued as it may think fit; and

(c) revoke any certificate of origin.

(2) Without prejudice to the generality of subsection (1)(a),
any chamber of commerce or other body may refuse to issue a

certificate of origin unless the name of the applicant therefor is
registered wit it under section 5.

(3) A chamber of commerce or other body which has revoked
a certificate of origin shall, by notice in writing served either
personally or by registered post, inform any person who it has
reason to believe may have in his possession or control the certificate
of origin or any copy thereof, of the revocation of such certificate.
(Added, 54 of 1970, s. 2)

(4) Any person who-

(a)having been informed under subsection (3) by a chamber
of commerce or other body of the revocation of a certificate of
origin; and

(b) having in his possession or control such certificate of origin

or any copy thereof,

fails forthwith to surrender the certificate or copy to the chamber of
commerce or other body shall be guilty of an offence and shall be
liable on conviction a fine of $5,000 and to imprisonment for 3
months. (Added, 54 of 19701 s. 2)

5. (1) Any chamber of commerce or other body may main-

tain a register or registers in such form and manner as it may think
fit containing the names and addresses of such persons as it approves
for the time being as eligible to receive certificates of origin under
this Ordinance.

(2) Neither the maintenance of a register by a chamber of
commerce or other body nor the inclusion or exclusion of the name
of any person therein or therefrom---shall affect the discretion
conferred on such chamber of commerce or other body under section 4.


section 4. 0~j-e-A











(3) Any chamber of commerce or other body may, without assigning any
reason therefor, refuse to register the name of any person or may delete
from its register the name of any person for such period or periods as it
may, think fit.

(4) Any chamber of commerce or other body may, if it thinks

fit, publish, or cause or allow publication of, the name and address
of any person whose name is entered in or deleted from its register.


(5) Any chamber of commerce or other body may require any

person who applies to have his name entered in its register to give
such undertaking in respect of the conduct of his business as the
chamber of commerce or other body may require.

(6) Any person who contravenes any undertaking given by
him under subsection (5) shall be guilty of an offence and shall be
liable on conviction to a fine of $50,000 and to improsionment for 1 year.

6. (1) Any person who wishes his name to be entered in any register
or to be issued with a certificate of origin shall make application therefor
in such manner and in such form as the chamber of commerce or other body may specify.

(2) Where any person makes application to a chamber of commerce or other body-


(a) to have issued to him a certificate of origin in respect of any
article; or

(b) to have his name entered in its register,



the chamber of commerce or other body may require the applicant

to furnish in such form as it may specify such records or information
in respect of the manufacture, processing, production or sale of
articles as it may specify, whether or not-

(i) the articles have been exported or are to be exported; or

(ii) the articles are included or are to be included in any certificate
of origin.

(3) Without prejudice to the generality of the discretion con-
ferred by section 5(3), the name of any person who fails to comply
with any requirement of a chamber of commerce or other body
under subsection (2) may be deleted from its register.

7. (1) Any person who

(a) forges, or causes to be forged, any certificate of origin.'

(b) not being an officer of any chamber of commerce or other

body who is authorized by such chamber of commerce or other

body in that behalf, makes, or causes to be made,
any alteration of, or addition to or deletion from, any
certificate of origin;





(c) knowingly utters or makes use of, or causes to be uttered
or made use of, any forged certificate of origin or any
certificate of origin that has been altered or added to, or
from which any deletion has been made by any person
other than an officer of the chamber of commerce or other
body by which the certificate of origin was issued who is
authorized in that behalf,

(d)knowingly utters or makes use of, or causes to be uttered or
made use of, as applying to any article any certificate of origin
which does not so apply; or

(e)substitutes, or causes or suffers or permits any other person to
substitute, any other article for any article in respect of

which a certificate of origin has been issued,

shall be guilty of an offence and shall be liable on conviction to a fine of
$100,000 and to imprisonment for 1 year.

(2) Any person who, with intent to deceive-

(a)makes or causes to be made any false or incorrect statement in
any declaration made for the purpose of obtaining a certificate
of origin;

(b)makes or gives or causes to be made or given any false or
incorrect statement or information in any document that he
knows or has reason to believe may be used in support of an
application for the issue of a certificate of origin; or

(c)furnishes any false records or information under section 6(2):

shall be guilty of an offence and shall be liable on conviction to a

fine of $50,000 and to imprisonment for 1 year.

(3) Any person who furnishes or causes to be furnished to any

other person a document which-

(a)he knows or has reason to believe may be used in support of
an application for the issue of a certificate of origin; and

(b) has been signed by him in blank or with the material

particulars incomplete,

shall be guilty of an offence and shall be liable on conviction to a
fine of $50,000 and to imprisonment for 1 year.
(Added, 41 of 1974, s. 3)

(4) For the purposes of subsection (3), the following shall be material
particulars

(a)particulars of the place at which an article was manufactured,
processed or produced;

(b)particulars of the principal materials used in the manufacture,
processing or production of an article and the source thereof.,





(c)particulars of the manner in which in substance an article has
been manufactured, processed or produced;

(d)a description of an article including any brand name or trade
mark; and

(e)particulars of the quantity or weight of an article. (Added, 41
of 1974, s. 3)

8. (1) Without prejudice to the prosecution of any person for an
offence under section 5 or 7, where a document in respect of which an
offence has been committed under section 5 or 7 has been issued or
purports to have been issued on behalf of a company, partnership or
business

(a) such company; and

(b)every director, partner and other person concerned in the
management of such company, partnership or business who
has had such document in his possession or under his
control,

shall be guilty of an offence unless it is proved that it or he-

(i) took all practicable steps to prevent the commission of an
offence under section 5 or 7; and

(ii) on demand made by an authorized officer, gave all the
information in its or his power with respect to such document.

(2) Any company or person found guilty of an offence under
subsection (1 ) shall be liable on conviction to a fine of $50,000.

9. A complaint may be made or an information laid in respect of an
offence under any of the provisions of this Ordinance within 2 years
from the time when the matter of such complaint or information
respectively arose.

10. (1) Any authorized officer or any police officer of or
above the rank of inspector may

(a)subject to subsection (2), enter and search any place, or
board and search any vessel (other than a ship of war) or any
aircraft (other than a military aircraft) or search any vehicle, in
which he reasonably suspects there is evidence of the
commission of an offence under this Ordinance;

(b) seize, remove and detain-

(i) anything in respect of which he reasonably suspects
that an offence under this Ordinance has been committed; or

(ii) anything that appears to him to be, or to be likely to be
or to contain, evidence of an offence under this Ordinance;
and





(c)enter and inspect the premises at or from which any pers
manufactures, processes, produces or sells any article tl is
included or is to be included in any certificate of origin.

(2) Where he is satisfied by information on oath that there is
reasonable ground for suspecting that there is in any premises used
for dwelling purposes anything that is liable to seizure under subsection(1)(b)
a magistrate may issue his warrant authorizing
such premises to be entered and searched by an uthorized officer or
any police officer of or above the rank of inspector. and no premises
used for dwelling purposes shall be entered or searched under this
Ordinance except pursuant to the warrant of a magistrate issued
under this subsection.


(3) Any authorized officer or any police officer of or above the
rank of imspector may-

(a)break open any outer or inner door of any place that he is
empowered or authorized by or under this Ordinance to enter
and search;

(b)forcibly board any vessel, aircraft or vehicle that he is
empowered by this Ordinance to board and search,

(c)remove by force any person or thing obstructing any
detention, search, inspection, seizure or removal that he is
empowered by this Ordinance to make;

(d)detain any person found in any place that he is empowered or
authorized by or under this Ordinance to search until such
place has been searched;

(e)detain any vessel or aircraft that he is empowered by this
Ordinance to board and search, and prevent any person from
approaching or boarding such vessel or aircraft, until it has
been searched;

detain any vehicle that he is empowered by this Ordinance to
search until it has been searched; and

(g)search the person and property and effects of any person
whom he reasonably suspects of being guilty of an offence
under this Ordinance:

Provided that no person shall be searched except by a person of
the same sex, and provided that no person shall be searched in a public
place if he objects to being so searched.

11. (1) Any authorized officer, in addition to the other powers
conferred by this Ordinance, may arrest without warrant any person
whom he reasonably suspects of being guilty of an offence under this
Ordinance.





Schedule.

(2) Any person who is arrested by an authorized officer under this
section shall be delivered into the custody of the officer in charge of a
police station within 12 hours of his arrest unless in the meantime. such
person has been brought before a magistrate or released.

(3) When any such person is delivered into the custody of the
officer in charge of a police station, the provisions of section 52 of the
Police Force Ordinance shall apply.

(4) Where any person forcibly resists the endeavour of any
authorized officer to arrest him or attempts to evade the arrest, the
authorized officer may use all means necessary to effect the arrest.

(5) Where any authorized officer who is in pursuit of any person to
be arrested has reason to believe that the person has entered into or is
in any place, the person residing in or in charge of the place shall, on
demand of the authorized officer, allow him free ingress thereto and
afford all reasonable facilities for search therein for the person.

12. The Governor in Council may by order amend the

13. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors. or the rights
of any body politic or corporate or of any other persons except such as
are mentioned in this Ordinance and those claiming by, from or under
them.



CHAMBERS OF COMMERCE AND OTHER BODIES TO WHOSE CERTIFICATES

OF ORIGIN THE ORDINANCE APPLIES [ss. 2 & 12.]

The Chinese Manufacturers' Association of Hong Kong.
The Federation of Hong Kong Industries.
The Hong Kong General Chamber of Commerce.
The Indian Chamber of Commerce.
The Chinese General Chamber of Commerce.




Originally 49 of 1967. 54 of 1970. L.N. 153/73. 41 of 1974. L.N. 294/82. Short title. Interpretation. Schedule. Power to issue certificates. Discretion to refuse to issue or to revoke certificates of origin. Power to maintain register. Method of making application and power to call for evidence in support. Offences in relation to certificates or origin. Liability of company, directors, etc. Time limit for charge of offence. Powers of authorized officers. (Cap. 232.) Amendment of Schedule. Saving. L.N. 153/73.

Abstract

Originally 49 of 1967. 54 of 1970. L.N. 153/73. 41 of 1974. L.N. 294/82. Short title. Interpretation. Schedule. Power to issue certificates. Discretion to refuse to issue or to revoke certificates of origin. Power to maintain register. Method of making application and power to call for evidence in support. Offences in relation to certificates or origin. Liability of company, directors, etc. Time limit for charge of offence. Powers of authorized officers. (Cap. 232.) Amendment of Schedule. Saving. L.N. 153/73.

Identifier

https://oelawhk.lib.hku.hk/items/show/3238

Edition

1964

Volume

v20

Subsequent Cap No.

324

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:32:20 +0800
<![CDATA[TATTOOING OF YOUNG PERSONS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3237

Title

TATTOOING OF YOUNG PERSONS ORDINANCE

Description








LAWS OF HONG KONG

TATTOOING OF YOUNG PERSONS ORDINANCE

CHAPTER 323

REVISED EDITION 1994

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 323

TATTOOING OF YOUNG PERSONS

To impose restrictions on the tattooing of persons under the age of
eighteen years.

[27 July 1984.1

1. This Ordinance may be cited as the Tattooing of Young Persons
Ordinance.

2. In this Ordinance, unless the context otherwise requires, 'tattoo'
means the insertion into the skin of any colouring material designed to
leave a permanent mark.

3. (1) Subject to subsection (2), it shall be an offence to tattoo any
person under the age of 18 years except when the tattoo is performed for
medical reasons by a registered medical practitioner.

(2) It shall be a defence for a person charged with an offence under
subsection (1) to show that at the time the tattoo was performed he had
reasonable cause to believe, and did believe, that the person tattooed
was over the age of 18 years.

(3) Any person guilty of an offence under subsection (1) shall be
liable to a fine of $ 1,000 or, in the case of a second or subsequent
conviction, to a fine of 5,000 and to imprisonment for 3 months.
Originally 60 of 1984. Short title. Interpretation. [cf. 1969, c. 24, s. 3.] Prohibition of tattooing of persons under the age of 18 years. [cf. 1969, c. 24, s. 1.] [cf. 1969, c. 24, s. 2.]

Abstract

Originally 60 of 1984. Short title. Interpretation. [cf. 1969, c. 24, s. 3.] Prohibition of tattooing of persons under the age of 18 years. [cf. 1969, c. 24, s. 1.] [cf. 1969, c. 24, s. 2.]

Identifier

https://oelawhk.lib.hku.hk/items/show/3237

Edition

1964

Volume

v20

Subsequent Cap No.

323

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:32:19 +0800
<![CDATA[BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3236

Title

BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) REGULATIONS

Description






BUILDINGS ORDINANCE (APPLICATION TO THE
NEW TERRITORIES) REGULATIONS

(Cap. 322, section 4)

[1 July 1967.]

1. These regulations may be cited as the Buildings Ordinance
(Application to the New Territories) Regulations.

2. In these regulations, unless the context otherwise requires

'height', when used in relation to a building, means the height
measured to the highest part of the building or, in the case of a
building which is roofed, to the level of the apex in the case of a
pitched roof or to the level of the main roof in the case of a flat
roof;

'plans' means plans prepared by the Director of Building Development
and also means plans approved by the Director of Building
Development and the Director of Lands or plans so approved as
modified with the consent of the Director of Lands;

'Secretary for District Administration' includes Regional Secretary
(New Territories) and any District Officer.

3. (1) Sections 4, 9, 14, 15, 16, 17, 21, 23, 24, 28 and 30 of the
principal Ordinance and the regulations made under that Ordinance
shall not apply to

(a)building works for the erection of a building which will, when
such works have been carried out, be a building to which this
regulation applies;

(b)building works for the alteration of or which are otherwise
connected with a building which is, or will when such works
have been carried out, be a building to which this regulation
applies; or

(e)building works for the demolition of a building to which this
regulation applies.

(2) This regulation applies to any building situated in the New
Territories which

(a)has a roofed over area not exceeding 92.90 m', does not
exceed 7.62 m in height and complies with plans;

(b)has a roofed over area not exceeding 65.03 m' and does not
exceed 7.62 m in height;





(c)is used solely for agricultural purposes and does not exceed
4.57 m in height; or

(d)is used for the purposes of a school and complies with
plans.

4. Sections 4, 9, 14, 15, 16, 17, 21, 23, 24, 28 and 30 of the
principal Ordinance and the regulations made under that Ordinance
shall not apply to building works for the alteration or demolition of
or which are otherwise connected with any building situated in the
New Territories which-

(a)was erected, or the erection of which was commenced,
prior to 6 June 1953;

(b)is used for the purposes of a school and, save in the case of
demolition, continues to be so used after the completion of
such works; and

(c)does not, or will not when such works have been carried
out, exceed 7.62 m in height.
L.N. 91/67. L.N. 235/72. L.N. 94/74. L.N. 294/76. L.N. 65/81. L.N. 370/81. L.N. 76/82. L.N. 14/83. Citation. Interpretation. L.N. 370/81. L.N. 76/82. L.N. 94/74. L.N. 370/81. L.N. 14/83. Certain provisions of principal Ordinance and provisions of regulations made under that Ordinance not to apply to certain building works. L.N. 235/72. L.N. 294/76. L.N. 65/81. Certain provisions of principal Ordinance and provisions of regulations made under that Ordinance not to apply to certain building works in addition to those specified in regulation 3. L.N. 294/76. L.N. 65/81.

Abstract

L.N. 91/67. L.N. 235/72. L.N. 94/74. L.N. 294/76. L.N. 65/81. L.N. 370/81. L.N. 76/82. L.N. 14/83. Citation. Interpretation. L.N. 370/81. L.N. 76/82. L.N. 94/74. L.N. 370/81. L.N. 14/83. Certain provisions of principal Ordinance and provisions of regulations made under that Ordinance not to apply to certain building works. L.N. 235/72. L.N. 294/76. L.N. 65/81. Certain provisions of principal Ordinance and provisions of regulations made under that Ordinance not to apply to certain building works in addition to those specified in regulation 3. L.N. 294/76. L.N. 65/81.

Identifier

https://oelawhk.lib.hku.hk/items/show/3236

Edition

1964

Volume

v20

Subsequent Cap No.

322

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:32:18 +0800
<![CDATA[BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3235

Title

BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) ORDINANCE

Description






LAWS OF HONG KONG

BUILDINGS ORDINANCE (APPLICATION TO THE

NEW TERRITORIES) ORDINANCE

CHAPTER 322

(Repealed by the Buildings Ordinance (Application to the
New Territories) Ordinance 1987, No. 60 of 1987)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3235

Edition

1964

Volume

v20

Subsequent Cap No.

322

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:17 +0800
<![CDATA[FEDERATION OF HONG KONG INDUSTRIES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3234

Title

FEDERATION OF HONG KONG INDUSTRIES ORDINANCE

Description






LAWS OF HONG KONG

FEDERATION OF HONG KONG INDUSTRIES

ORDINANCE

CHAPTER 321





CHAPTER 321

FEDERATION OF HONG KONG INDUSTRIES ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART 1

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 4

2. Interpretation............................. ... ... ... ... 4

PART 11

ESTABLISHMENT AND INCORPORATION OF
FEDERATION

3. Establishment of Federation ... ... ... ... ... ... ... ... ... ... ... 4

4. Incorporation of Federation ... ... ... ... ... ... ... ... ... ... ... 4

5. Objects of Federation . ... ... ... ... ... ... ... ... ... ... ... ... 5

6. Powers of Federation ... ... ... ... ... ... ... ... ... ... ... ... ... 5

7. Seal of the Federation and authentication thereof, and instruments executed

thereunder ........................... ... ... ... ... ... ... ... ... 6

8. Certain contracts and instruments not required to be under seal ... ... ... ... 6

9. Management of business of Federation vested in general committee ... ... ... 6

PART Ill

PROVISIONS AS TO MEMBERSHIP OF
FEDERATION

10. Qualification for ordinary and associate membership ... ... ... ... ... ... 6

11. Application for ordinary or associate membership and admission of affiliated and

honorary members .............................. ... ... ... ... ... 7
12. Fees for membership, etc . ................ ... ... ... ... ... ... ... ... 7
13. Register of members ....................... ... ... ... ... ... ... ... 8

14. Notification of admission to members and issue of certificate and badge of

membership ............................... ... ... ... ... ... ... 8

15. Rights of associate and affiliated members ... ... ... ... ... ... ... 8

16. Resignation of members ................. . ... ... .. 1 ... ...
8
17. Cesser of membership ...................... 8

18. Expulsion or suspension of members ... ... ... ... ... ... ... ... ... 9

19. Reinstatement of members in certain cases .1 . ... ... ... .. 1 ... ... ... 9

20. Effect of cesser of membership in relation to fees, etc., paid to Federation, etc. 10







PART IV

GENERAL MEETINGS OF
FEDERATION

21. Annual general meetings ... ... ... ... ... ... ... ... ... ... ... ... 10
22. Extraordinary general meetings ... ... ... ... ... ... ... ... ... ... ... 10
23. Notice of general meetings ... ... ... ... ... ... ... ... ... ... ... ... 10
24. Quorum at general meetings, etc. ... ... ... ... ... ... ... ... ... 11
25. Chairmen of general meetings ... ... ... ... ... ... ... ... ... ... ... 11





Section ....................... Page

26. Adjournment of general meetings ... ... ... ... ... ... ... ... ... ... 11

27............Votes and proxies .............. ... ... . ... ... ... ... ... ... 12

28................Voting at general meetings ... ... ... ... ... ... ... ... ... ... ... 12

PART V

ACCOUNTS AND AUDITORS

29..............Keeping of accounts .......... ... ... ... ... ... ... ... ... ... ... 12

30...........................Income and expenditure account and balance sheet ... ... ... ... ... ... 13

31................Appointment of auditors .... ... ... ... ... ... ... ... ... ... 13

32............Auditors' report ............... ... ... ... ... ... ... ... ... ... ... 13

33...........................Balance sheet and report to be sent to members ... ... ... ... ... ... 13

PART VI

THE GENERAL COMMITTEE

34. Establishment and constitution of general committee ... ... . ... ... ... 13

35.........................Cesser of membership of general committee ... ... ... ... ... ... ... 15

36..................................Election by associate members of members of general committee ... ... ... 15

37.............................Chairman and deputy chairman of general committee ... ... ... ... ... 16

38.........................Convening of meetings of general committee ... ... ... ... ... ... ... 16
39.........................Procedure at meetings of general committee ... ... ... ... ... ... ... 16

40.........................................Restrictions on right of members of general committee to be present or to vote 17

41...........................Transaction of business by circulation of papers ... ... ... ... ... ... 17
42...........................Power of general committee to appoint committees ... ... ... ... ... ... 17

42A. Power of general committee to appoint Honorary Presidents and Vice Presidents 17
43. Members of general committee entitled to reimbursement of expenses, but not to

other remuneration unless authorized .... ... ... ... ... ... ... ... 18

44. Attendance at meetings of general committee of members invited by chairman of

scheduled group ...................... 1 ... ... ... ... ... ... 18

PART VII

SCHEDULED GROUPS

45. Allocation of ordinary and associate members to scheduled groups, etc. 18

46.........................Election of chairmen of scheduled groups, etc. ... ... ... ... ... ... ... 19
47.........................Convening of meetings of scheduled group ... ... ... ... ... .1. ... 19
48.........................Procedure at meetings of scheduled group ... ... ... ... ... ... ... 19

PART VIII

SUPPLEMENTARY AND MISCELLANEOUS







49. Appointment of representatives by members which are corporations, firms, etc. 20

50................Inspection of accounts, etc . ... ... ... ... ... ... ... ... ... ... ... 20
51. Power of general committee to make rules 20

52.............................Notice to scheduled groups of annual general meeting ... ... ... ... ... 21
53. Service of notices, etc . 21





Section Page

54. Validity of proceedings ... ... ... ... ... ... ... ... ... ... ... ... 21
55. Protection of badge of Federation ... ... ... ... ... ... ... ... ... ... 21
56. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 21
First Schedule. Scheduled groups ... ... ... ... ... ... ... ... ... ... ... ... 22
Second Schedule. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... 26
Third Schedule. Classes of scheduled groups ... ... ... ... ... ... ... ... ... 26
Fourth Schedule......Badge of Federation ....... ... ... ... ... ... ... ... ... ... 27





CHAPTER 321

FEDERATION OF HONG KONG INDUSTRIES

To provide for the establishment, regulation and management of a
federation to be known as the Federation of Hong Kong
Industries, and for matters connected with the purposes aforesaid.

[30 June 1960.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Federation of Hong Kong
Industries Ordinance.

2. In this Ordinance, unless the context otherwise requires

'corporation' means any company within the meaning of the
Companies Ordinance and any body incorporated under any
enactment;

'Federation' means the Federation of Hong Kong Industries
established by section 3;

'general committee' means the general committee established by
section 34;

'industrial undertaking' has the meaning assigned to it by section 2 of
the Factories and Industrial Undertakings Ordinance;

'member' means any member of the Federation;

'register' means the register of members kept pursuant to the
provisions of section 13;

'representative' means the representative of any member appointed in
accordance with the provisions of section 49;

',scheduled group' means any group specified in the First Schedule;

'secretary' means the secretary of the Federation.

PART 11

ESTABLISHMENT AND INCORPORATION OF
FEDERATION

3. (1) There is hereby established a federation which shall be
known as the Federation of Hong Kong Industries.

(2) The Federation shall consist of such persons as are admitted to
membership thereof in accordance with the provisions of this
Ordinance.

4. The Federation shall be a body corporate and, in the name of the
Federation of Hong Kong Industries, shall have perpetual succession
and may sue and be sued.





5. The objects of the Federation shall be-

(a)to promote and foster the interests of the manufacturing
industries of the Colony and to provide a united voice for
those industries both in the Colony and elsewhere;

(b)to provide technical and other services to or for the benefit of
its members;

(e)to promote, in other territories, knowledge of and respect for
the Colony's industries and to sponsor and assist in the
organization of trade fairs and trade missions;

(d)to promote such activities as are designed to improve and
develop the Colony's industries and to encourage the efficient
use of their resources;

(e)to advise the Government on any matter which affects the
Colony's industries; and

(f)to advance and encourage education, including such liaison
with universities, technical colleges and schools, and
professional institutions or organizations, as may lead to a
higher calibre of managerial and supervisory staff.

6. The Federation may-

(a)acquire, take on lease, purchase, hold and enjoy any property,
and sell, let or otherwise dispose of the same;

(b) enter into any contract;

(c)invest any surplus funds in such securities, or otherwise in
such manner, as it may think fit, and realize the same at such
times as it may consider necessary;

(d)borrow or otherwise raise money on such security as may be
necessary, and, for that purpose, charge all or any part of the
property of the Federation;

(e)issue certificates in respect of goods which are produced,
processed or manufactured in the Colony;

(ea) operate certification and marking schemes, and apply for
certification trade marks under the Trade Marks Ordinance, for
goods which are produced, processed or manufactured in
Hong Kong; (Added, 64 of 1978, s. 2)

(f)promote, control, become a member of, act as agent for,
manage, superintend or otherwise assist any association or
institution which has, either wholly or in part, objects which
are the same as or similar to those of the Federation;

(g)found scholarships and exhibitions and support such
establishments and institutions as may further the objects of
the Federation;

(h)act as trustees of such trusts as may further such objects or
as may be otherwise considered desirable, either gratuitously
or otherwise; and





(i)do all such things as are calculated to facilitate, or as are
incidental or conducive to, the better carrying out of the
objects of the Federation.

7. (1) The Federation shall have and may use a common seal, and
the affixing of the seal shall be authenticated by the signatures of

(a)the chairman or the deputy chairman of the Federation; and

(b)a member of the general committee authorized for that purpose
by it, either generally or specially.

(2) Any instrument purporting to be an instrument duly executed
under the seal of the Federation shall be received in evidence and shall,
unless the contrary is proved, be deemed to be an instrument so
executed.

8. Any contract or instrument which, if entered into or executed by
a person not being a body corporate, would not be required to be under
seal may be entered into or executed on behalf of the Federation by any
person generally or specially authorized by the general committee for
that purpose.

9. Subject to any provisions of this Ordinance which require any
matter to be decided by the Federation in general meeting, the business
of the Federation shall be managed entirely by the general committee,
which may for that purpose exercise all the powers of the Federation.

PART Ill

PROVISIONS AS TO MEMBERSHIP OF
FEDERATION

10. (1) Any person carrying on a business in the Colony which
consists of the generation, transformation and transmission of
electricity, or the manufacture and distribution of gas, or the
manufacture, alteration, ornamentation, finishing, processing,
packaging, or transformation of articles, or parts of articles, for sale and-
(Amended, 81 of 1970, s. 2)

(a)whose business is registered under section 6 of the Business
Registration Ordinance;

(b)particulars of whose industrial undertaking have been notified
under section 9 of the Factories and Industrial Undertakings
Ordinance; and (Amended, 50 of 1985, S.9)

(c) who-

(i) normally employs full time not less than 100 manual
workers; or





(ii) normally consumes not less than 25 000 Kilowatt
hours of electricity per month; or
(iii) has fixed assets not less than 5200,000 in value,
shall be eligible for admission to the Federation as an ordinary
member thereof.

(2) Any person carrying on a business in the Colony which
consists of the generation, transformation and transmission of
electricity, or the manufacture and distribution of gas, or the
manufacture, alteration, ornamentation, finishing, processing,
packaging, or transformation of articles, or parts of articles, for sale
and- (Amended, 81 of 1970, s. 2)
(a)whose business is registered under section 6 of the Business
Registration Ordinance; and

(b) [Deleted, 81 of 1970, s. 21
(c)who is not eligible for ordinary membership, (Amended,
81 of 1970, s. 2)
shall be eligible for admission to the Federation as an associate
member thereof.

11. (1) Every application for admission as an ordinary mem-
ber or an associate member of the Federation shall be made to the
general committee.

(2) The general committee shall consider all such applications
and shall admit to ordinary membership or associate membership,
as the case may be, such of those persons who are eligible for such
membership as it thinks fit.

(3) The general committee may admit as an affiliated member
of the Federation any association or organization having interests
or objects which are the same as, or similar to, the objects of the
Federation or which has interests or objects which are related to the
objects of the Federation.

(4) The general committee may admit such persons as it thinks
fit to be honorary members of the Federation.

(5) A member which is a firm shall not cease to be a member
solely by reason of its incorporation.

12. (1) The fees specified in the Second Schedule shall be
payable to the Federation in the cases specified therein.

(2) The annual fees specified in the Second Schedule shall be
payable in advance on or before 1 January in each year or, in the
case of a new member, within 14 days of his admission to member-
ship or, in the case of the initial allocation of a member to an
additional scheduled group, within 14 days of such allocation:

Provided that, if any person is admitted to membership of the
Federation, or any member is allocated to any additional scheduled
group, after 30 June in any year, one half of such annual fee shall be
payable by him in respect of that year.





(3) The Federation may by resolution in an extraordinary
general meeting alter the fees specified in the Second Schedule and
any such resolution shall be published in the Gazette. (Added, 81
of 1970, s. 3)

13. (1) The general committee shall cause to be kept a register
of members, which shall contain the following particulars-

(a) the name and address of each member;

(b) the date on which he was admitted to membership;

(c)the scheduled group or groups to which he has been
allotted;

(d)where such member is a corporation, firm, association or
other organization, the name of the person appointed in
accordance with the provisions of section 49 to be its
representative.

(2) The name of any person who ceases for any reason to be a
member shall be removed from the register.

14. (1) Every member shall be notified forthwith of his ad-
mission to membership of the Federation and supplied with a copy
of this Ordinance and of any rules which may have been made by
the general committee under the provisions of section 51.

(2) Upon payment of the fee prescribed in the Second Schedule
as the fee payable on admission to membership and of the appro-
priate annual fee, every such member shall be issued with a certificate
of membership and a badge of membership.

(3) If any person ceases for any reason to be a member, he
shall forthwith return to the Federation the certificate of member-
ship and the badge of membership issued to him in accordance with
the provisions of subsection (2).

15. (1) Associate members and honorary members shall be
entitled to attend all general meetings of the Federation, but shall
not be entitled to vote at any such meeting.

(2) Affiliated members shall be entitled to attend, and to vote
at, all general meetings of the Federation.

16. Any member may at any time resign from the Federation
by giving to the secretary not less than one month's notice in writing.

17. Any member who-

(a)is adjudicated bankrupt or makes a composition or scheme
of arrangement with his creditors; or

(b) becomes of unsound mind,

shall thereupon cease to be a member.





18. (1) If it is satisfied that any member-

(a)has failed, without reasonable cause or excuse, to pay any
annual fee in accordance with the provisions of section 12(2);

(b)has failed, without reasonable cause or excuse, to pay the fee
prescribed in the Second Schedule as the fee payable on
admission to membership within 14 days of his admission to
membership;

(c)has persistently neglected or refused to pay any other moneys
which he or it is liable to pay to the Federation; or

(d) is unfit to be a member,

the general committee may at a meeting specially called for the purpose
expel such member from the Federation or suspend him from
membership thereof for such period, not exceeding 6 months, as it thinks
fit.

(2) Not less than 10 days before the meeting of the general
committee at which such resolution is to be considered, the secretary
shall give to the member in question notice in writing of any resolution
to expel him from the Federation or to suspend him from membership
thereof.

(3) No member shall be expelled or suspended unless he, or, where
the member is a corporation, firm, association or organization, some
person on its behalf, has had an opportunity of making such
representations, either in writing or verbally, to the general committee as
the member may wish.

(4) The expulsion or suspension of any member shall take effect
from the passing of the resolution of the general committee to that
effect.

(5) A member whose membership is suspended shall not, so long
as such suspension is in force, be entitled to any of the rights or
privileges of a member, but shall remain liable to pay the annual fee or
fees as if his or its membership were not suspended.

(6) No member of the general committee shall be present in any
meeting thereof at any time when it is considering whether or not he, or
any corporation of which he is a director or manager or any firm of which
he is a partner or any association or organization of which he is a
member, shall be expelled or suspended, otherwise than for the purpose
of making representations on his or its behalf pursuant to the provisions
of subsection (3).

19. Any person who has been expelled from membership of the
Federation under the provisions of section 18(1)(a),(b) or (c) may be re-
admitted to membership of the Federation by the general committee at
any time upon payment of the fee or other moneys in respect of the
failure to pay which he or it was so expelled from membership thereof.





20. A person who ceases for any reason to be a member shall not,
solely by reason of his ceasing to be a member, be entitled to the return
of any fees or other moneys paid by him to the Federation or relieved of
any liability to the Federation which exists at the time he ceases to be a
member.

PART IV

GENERAL MEETINGS OF FEDERATION

21. (1) There shall be a general meeting of the Federation not less
than once in every year.

(2) General meetings shall be held not more than 15 months after
the preceding such meeting.

(3) It shall be the duty of the general committee to convene the said
general meetings of the Federation, which shall, subject to the
provisions of subsections (1) and (2), be held at such time as the
committee may think fit.

(4) Any meeting held in accordance with the provisions of this
section shall be styled the annual general meeting.

22. (1) The general committee may convene a general meeting of
the Federation whenever it considers it to be necessary.

(2) The general committee shall convene a general meeting of the
Federation on a requisition in writing addressed to the secretary and
signed by not less than one-tenth of the members.

(3) Any meeting held in accordance with the provisions of this
section shall be styled an extraordinary general meeting.

23. (1) The general committee shall cause to be sent to every
member not less than 10 days' notice of any general meeting of the
Federation.

(2) Every such notice shall specify-

(a)the day on, and the time and place at, which the meeting will
be held;

(b)in the case of an annual general meeting, other than such a
meeting at which the only business to be considered is the
income and expenditure account, balance sheet, auditors'
report, the report of the general committee or the appointment
of auditors, and in the case of any extraordinary general
meeting, in general terms the nature of the business which is
to be considered.

(3) Neither the accidental omission to give such notice to any
member nor the fact that any member has not received any notice so
sent to him or it shall invalidate the proceedings at the meeting.





24. (1) No business shall be transacted at any general meeting of
the Federation unless a quorum of members who are entitled to vote
thereat is present.

(2) The quorum for any such meeting shall be not less than 50 such
members or one-tenth of the aggregate number of such members,
whichever is the less.

(3) If, within half an hour of the time appointed for any such
meeting, a quorum is not present, the meeting shall

(a)where it was convened pursuant to the provisions of section
22(2), be dissolved; or

(b)in any other case, stand adjourned to the same day in the
ensuing week at the same time and place.

(4) If, within half an hour of the time appointed under the
provisions of paragraph (b) of subsection (3) for any meeting which has
stood adjourned under the provisions of that paragraph, a quorum is not
present, the members present who are entitled to vote thereat shall be a
quorum.

25. (1) The chairman of the Federation shall, if he is present,
preside at every general meeting of the Federation.

(2) If the chairman is not present at any such meeting, the deputy
chairman of the Federation shall, if he is present, preside at the meeting.

(3) If-

(a)within 15 minutes of the time appointed for any such meeting,
neither the chairman of the Federation nor the deputy
chairman thereof is present; or

(b)they have both notified the secretary that they will not be
present at any such meeting,

then-

(i) one of the members of the general committee elected by those
members thereof present at such meeting; or

(ii) if there is only one member of the general committee present at
such meeting, such member; or

(iii)if no member of the general committee is present at such
meeting or if no member thereof who is present is willing to
preside at such meeting, a member of the Federation elected
by those members who are present at the meeting and entitled
to vote thereat,

shall preside at the meeting.

26. (1) With the consent of the meeting, the chairman of any
general meeting of the Federation may, and, if so directed by the
meeting, shall, adjourn the meeting from time to time and from place to
place.





(2) No business shall be transacted at any meeting which is so
adjourned other than the business which was unfinished at the meeting
from which the adjournment took place.

(3) When any meeting is adjourned for more than 10 days, but not
otherwise, the general committee shall cause to be given notice of the
adjourned meeting in the manner provided by section 23, as if it were a
new meeting.

27. (1) Each ordinary member and each affiliated member shall have
one vote.

(2) The vote of any such member may be given by proxy.

(3) No person shall be appointed as a proxy unless he is a member.

(4) The appointment of any person as a proxy shall be in the form
prescribed by the general committee.

28. (1) Save as provided in subsection (2), a resolution before any
general meeting of the Federation shall be decided on a show of hands,
and an entry in the book of minutes of meetings of the Federation of a
declaration by the chairman of the meeting that the resolution has been
carried, carried unanimously or by a specified majority, or lost, as the
case may be, shall be conclusive evidence of the fact, without proof of
the number or proportion of votes cast in favour of or against the
resolution.

(2) On or before the declaration of a vote taken in accordance with
the provisions of subsection (1), one-fourth of the members present and
entitled to vote may demand that the resolution be decided by a poll.

(3) If a poll is duly demanded, the same shall be taken in such
manner as the chairman of the meeting may direct.

(4) Where a poll is demanded on the question of the election of the
chairman of any meeting or on the question of the adjournment of any
meeting, the same shall be taken forthwith, but a poll demanded on any
other question shall be taken at such time as the chairman of the meeting
may direct.

(5) Where the votes on any question are equally divided, whether
the votes are taken on a show of hands or on a poll, the chairman of the
meeting shall have a second or casting vote.

PART V

ACCOUNTS AND AUDITORS

29. The general committee shall cause to be kept proper accounts
of the Federation and proper records in relation thereto.





30. (1) The general committee shall cause to be prepared and laid
before the Federation at the annual general meeting an income and
expenditure account for the period since the preceding account made up
to a date not earlier than the date of the meeting by more than 9 months.

(2) The general committee shall cause to be made out in every year,
and laid before the Federation at the annual general meeting, a balance
sheet as at the date to which the income and expenditure account is
made up.

31. (1) The Federation shall at each annual general meeting appoint
an auditor or auditors to hold office until the next annual general
meeting.

(2) The general committee may fill any casual vacancy in the office
of auditor, but while any such vacancy continues the surviving or
continuing auditor or auditors, if any, may act.

(3) The remuneration of the auditors shall be fixed by the
Federation in general meeting, save that the remuneration of an auditor
appointed to fill a casual vacancy, may be fixed by the general
committee.

32. The auditors shall make a report to the members on the
accounts examined by them and on every balance sheet laid before the
Federation at the annual general meeting during their term of office, and
the report shall state

(a)whether or not they have obtained all the information and
explanations they have required; and

(b)whether, in their opinion, the balance sheet referred to in the
report is properly drawn up so as to exhibit a true and correct
view of the Federation's affairs according to the best of their
information and the explanations given to them, and as shown
by the books of the Federation.

33. A copy of the balance sheet made out in accordance with the
provisions of section 30(2), together with a copy of the auditors' report
thereon, shall be sent to every member not less than 10 days before the
annual general meeting.

PART VI

THE GENERAL COMMITTEE

34. (1) There shall be a general committee of the Federation which
shall consist of the following members

(a) the chairman of each of the scheduled groups;

(b)the members elected in accordance with the provisions of
section 36(1); and

(e) 3 members appointed by the Governor.





(1A) The general committee may have, in addition to the members
referred to in subsection (1), 3 other members who were members of the
general committee in the year next preceding the year in respect of which
they are appointed. (Added, 81 of 1970, s.4)

(1B) The members referred to in subsection (1A) may be appointed
by the general committee at the meeting thereof immediately preceding
the annual general meeting of the Federation. (Added, 81 of 1970, s. 4)

(2) The vice-chairman of any scheduled group shall be entitled to
attend, and to vote at, any meeting of the general committee which the
chairman of that group is unable to attend.

(3)(a) The general committee may co-opt as members thereof not
more than 5 persons who are ordinary members, associate
members or affiliated members or the representatives of any
such members. (Amended, 64 of 1978, s. 3)

(b)Any person who is so co-opted as a member of the general
committee shall, so long as he continues to be co-opted, be a
member thereof for all purposes.

(c)The general committee may terminate the co-option of any
person as a member thereof at any time.

(4) Any person who is appointed by the Governor under the
provisions of subsection (1)(c), or who is appointed under the
provisions of subsection (1 B), to be a member of the general committee
and any person who is co-opted as a member thereof under the
provisions of subsection (3)(a) shall, save as provided

(a)in the case of any person so appointed by the Governor, or
under the provisions of subsection (I B), by the provisions of
section 35(3);

(b)in the case of any person who is so co-opted, by the
provisions of subsection (3)(c),

hold office until immediately after the annual general meeting of the
Federation next after his appointment or co-option, as the case may be,
but shall be eligible for re-appointment or to be again so coopted.
(Amended, 81 of 1970, s. 4)

(5) If any person who is so appointed by the Governor to be a
member of the general committee dies or ceases for any other reason to
be a member thereof, the Governor shall appoint another person to be a
member thereof. and the person so appointed shall hold office until
immediately after the ensuing annual general meeting of the Federation.

(6) Any person who is so appointed by the Governor to be a
member of the general committee shall, so long as he continues to be a
member thereof, be a member of the Federation and shall be entitled to
attend, and to be heard and to vote at, any general meeting of the
Federation.





35. (1) Any person who is a member of the general committee by
virtue of the provisions of section 34(1)(a) shall cease to be a member
thereof if under the provisions of section 46(3) he ceases to be the
chairman of the scheduled group.

(2) Any person who is a member of the general committee by virtue
of the provisions of section 34(1)(b) shall cease to be a member thereof
if-

(a)he is adjudicated bankrupt or makes a composition or scheme
of arrangement with his creditors;

(b) he becomes of unsound mind;

(c)being a member at the time of his election as such member of
the general committee, he ceases for any reason to be a
member;

(d)being a representative at the time of his election as such
member of the general committee, he ceases to be such
representative;

(e)he resigns his office by notice in writing addressed to the
secretary; or

(f)the member whose representative he was at the time of his
election as such member of the general committee ceases for
any reason to be a member.

(3) Any person who is appointed by the Governor under the
provisions of section 34(1)(c), or who is appointed under the
provisions of section 34(1 B), to be a member of the general committee
shall cease to be a member thereof if he- (Amended, 81 of 1970,s.5)

(a)is adjudicated bankrupt or makes a composition or scheme of
arrangement with his creditors;

(b) becomes of unsound mind; or

(c) resigns his office by notice in writing addressed-

(i) to the Governor, in the case of a person appointed by the
Governor under the provisions of section 34(1)(c); or

(ii) to the secretary, in the case of a person appointed under
the provisions of section 34(1B). (Replaced, 81 of 1970,s.5)

36. (1) Upon receipt of the notification given by the secretary under
the provisions of section 52 of the date of an annual general meeting of
the Federation and before the day specified therein as the day on which
such meeting will be held, the associate members allotted to the
scheduled groups comprised in each of the classes of scheduled groups
specified in the Third Schedule shall elect one of their number or the
representative of one of their number to be a member of the general
committee.





(2) The persons so elected to be members of the general
committee shall take office immediately after the said annual general
meeting and, save as provided in section 35(2), shall hold office until
immediately after the ensuing annual general meeting of the
Federation.

(3) If any person who was so elected to be a member of the
general committee dies or ceases for any other reason to be a
member thereof, the associate members of the class of scheduled
groups by which such member was elected shall, as soon as practic-
able, elect another of their number or the representative of one of
their number to be a member of the general committee, and the
person so elected shall, save as provided in section 35(2), hold office
until immediately after the ensuing annual general meeting of the
Federation.

37. (1) At its first meeting after any annual general meeting of
the Federation, the general committee shall elect one of its members
to be the chairman thereof and one of its members to be the deputy
chairman thereof.

(2) The persons so elected shall, save as provided in sub-
section (3), hold office until immediately after the ensuing annual
general meeting of the Federation.

(3) The person so elected shall cease to be chairman or deputy
chairman, as the case may be, of the general committee if he ceases
for any reason to be a member thereof.

(4) If the person so elected dies or ceases for any other reason
to be chairman or deputy chairman of the general committee, the
committee shall, as soon as practicable, elect another of its members
to be the chairman or deputy chairman thereof, as the case may be,
and the person so elected shall, save as provided in subsection (3),
hold office until immediately after the ensuing annual general
meeting of the Federation.

(5) The chairman and deputy chairman of the general commit-
tee shall be the chairman and deputy chairman, respectively, of the
Federation.

38. (1) Save as provided in subsection (2), the chairman of the
general committee shall convene such meetings thereof as he may
consider necessary for the efficient discharge of its functions.

(2) The chairman of the general committee shall convene a
meeting thereof upon the requisition in writing, addressed to the
secretary and specifying the reason for convening the meeting, of not
less than 2 of its members.

39. (1) The chairman thereof, or, if he is absent, the deputy
chairman thereof, shall preside at any meeting of the general
committee.

(2)(a) No business shall be transacted at any meeting of the
general committee unless a quorum of members is present.





(b)The quorum for any such meeting shall be not less than 14
members of the committee. (Amended, 81 of 1970, s. 6)

(3) All questions coming before any meeting of the general
committee shall be decided by a majority on a show of hands.

(4) Where the votes on any such question are equally divided,
the chairman of the meeting shall have a second or casting vote.

(5) Subject to the provisions of this Ordinance, the general
committee may regulate the conduct of its meetings in such manner
as it may think fit.

40. (1) No member of the general committee shall be present
in any meeting of the committee when it is considering any matter in
which he, or any corporation of which he is a director or manager or
any firm of which he is a partner or any association or organization
of which he is a member, is the complainant, otherwise than for the
purpose of giving evidence of the matter in respect of which the
complaint is made.

(2) No member of the general committee shall vote on any
resolution concerning any contract with the Federation in which he,
or the member whose representative he is, is interested.

41. The general committee may, if it thinks fit, transact any of
its business by the circulation of papers, and a resolution in writing
approved by a majority of the members thereof shall be as valid and
effectual as if it had been passed at a meeting of the committee.

42. (1) The general committee may, from time to time,
appoint such committees as it considers necessary for securing the
efficient discharge of its functions, and may delegate to any such
committee any of its powers and duties:

Provided that no delegation made hereunder shall preclude the
general committee from exercising or performing at any time any of
the powers and duties so delegated.

(2) Any person may be appointed a member of any such
committee notwithstanding that he is not a member of the general
committee.

42A. (1) The Federation may have such number of Presidents
and Vice Presidents as the general committee may determine.

(2) The general committee may appoint to be President or Vice
President any person who is a member of the Federation and who, in
its opinion, has rendered distinguished services to industry in Hong
Kong or to the Federation.

(3) The term of office of a person appointed to be President or
Vice President shall be for such period as the general committee in
each case shall determine.





(4) The offices of President and Vice President shall be
honorary.
(Added, 81 of 1970, s. 7)

43. Save as otherwise determined by the Federation in general
meeting, no member of the general committee shall be entitled to be
paid any salary or other remuneration out of the funds of the
Federation, but any such member shall be entitled to be reimbursed
by the Federation in respect of any expense incurred by him in the
performance of his functions as such member.

44. (1) The chairman of any scheduled group may invite any
member who has been allotted to such group to attend any meeting
of the general committee at which any matter affecting a trade or
industry in which such member is engaged or with which he or it is
concerned is to be considered.

(2) Any such member who attends any such meeting of the
general committee shall be entitled to be present in the meeting
whilst the committee is considering such matter and to address the
committee.

PART VII

SCHEDULED GROUPS

45. (1) At the time any person is admitted as an ordinary
member or an associate member of the Federation, the general
committee shall allot such member to one of the scheduled groups.

(2) Any ordinary member or associate member may apply to
the general committee to be allotted to any scheduled group in
addition to the group to which he has been allotted by it under the
provisions of subsection (1), and shall be allotted to such additional
group or groups if the general committee thinks fit.

(3) The general committee may-

(a) vary the composition of any scheduled group; or

(b)add any group to, or delete any group from, the First
Schedule and add any group to, or delete any group from,
the Third Schedule so far as may be necessary in con-
sequence of the addition of any group to, or the deletion of
any group from, the First Schedule.

(4) Notification of any variation of the composition of any
scheduled group or of the addition of any group to, or the deletion
of any group from, the First Schedule or the Third Schedule shall
be published in the. Gazette.





46. (1) Upon receipt of the notification given by the secretary under
the provisions of section 52 of the date of an annual general meeting of
the Federation and before the day specified therein as the day on which
such meeting will be held, the ordinary members allotted to each- of the
scheduled groups shall elect a chairman and vice-chairman of the group,
who shall be an ordinary member of that group or a representative of
any such ordinary member.

(2) The persons so elected as chairman and vice-chairman of each
of the scheduled groups shall take office immediately after the said
annual general meeting and, save as provided in subsection (3), shall
hold office until immediately after the ensuing annual general meeting of
the Federation.

(3) Any person who is the chairman or vice-chairman of any
scheduled group shall cease to be the chairman or vice-chairman
thereof, as the case may be, if

(a)he is adjudicated bankrupt or makes a composition or scheme
of arrangement with his creditors;

(b) he becomes of unsound mind;

(c)being a member at the time of his election as such chairman or
vice-chairman, he ceases for any reason to be a member;

(d)being a representative at the time of his election as such
chairman or vice-chairman, he ceases to be such
representative;

(e)he resigns his office by notice in writing addressed to the
secretary; or

the member whose representative he was at the time of his
election as such chairman or vice-chairman ceases for any
reason to be a member.

(4) If the chairman or vice-chairman of any scheduled group dies or
ceases for any other reason to be such chairman or vicechairman, the
ordinary members of that group shall, as soon as practicable, elect
another ordinary member of that group or the representative of any such
ordinary member to be the chairman or vice-chairman thereof, as the
case may be, and, save as provided in subsection (3), the person so
elected shall hold office until immediately after the ensuing annual
general meeting of the Federation.

47. (1) The chairman of any scheduled group may convene a
meeting of the group whenever he considers it necessary.

(2) Upon the requisition in writing of not less than one-tenth of the
members of any scheduled group, the secretary shall convene a meeting
of the group.

48. The provisions of section 39 shall apply, mutatis muiandis, to
meetings of any scheduled group as they apply to meetings of the
general committee.





PART VIII

SUPPLEMENTARY AND MISCELLANEOUS

49. (1) Every member which is a corporation, firm, associa-
tion or organization shall appoint one of its members or officers to
be its representative for the purposes of the Federation.

(2) Any person who is so appointed as the representative of
any member shall be entitled to attend any meeting of the Federa-
tion, and to be heard and to vote thereat to the same extent as the
member which he represents.

(3) Every such member shall notify the secretary of the name
of the person whom it has, for the time being, so appointed to be its
representative.

(4) No person shall be the representative of more than one
such member at any one time.

50. (1) Any member of the general committee may inspect the
accounts of the Federation and any records in relation thereto and
any book or document of the Federation at any time.

(2) The general committee shall, from time to time, determine
the extent, if any, to, and the time and place at and the conditions
on, which any member, other than a member who is a member of the
general committee, may inspect such accounts, records, books or
documents.

(3) Save to the extent determined by the general committee
under the provisions of subsection (2) or as authorized by the
Federation in general meeting, no member, other than a member
who is a member of the general committee, shall be entitled to
inspect such accounts, records, books or documents.

51. (1) The general committee may make rules providing
for-

(a) the manner in which the chairmen of scheduled groups
and members of the general committee shall be elected;

(b)such matters as it may consider necessary for the better
conduct of the affairs of the Federation or the furtherance
of any of its objects.

(2) No rules made under the provisions of subsection (1) shall
be inconsistent with any of the provisions of this Ordinance.

(3) Rules made under this section may provide that the general
committee may impose on any member who contravenes specified
provisions thereof such penalty as may be prescribed by such rules:

Provided that no penalty so prescribed shall exceed $5,000.





52. The secretary shall give to the chairman of each of the
scheduled groups not less than one month's notice in writing of the
date of the annual general meeting of the Federation.

53. Wherever in this Ordinance provision is made for the
service or sending of any notice, balance sheet or other document,
it shall be sufficient service if a copy of such notice, balance sheet or
document is-

(a)delivered to the person upon whom it is to be served or to
whom it is to be sent;

(b)sent by registered post to the address of such person for the
time being entered in the register; or

(c)published in 2 issues of 2 daily newspapers, one of which is
published in the English language and one in the Chinese
language.

54. (1) The validity of any proceeding of the Federation shall
not be affected by any defect in the admission of any person to
membership thereof or by any defect in the appointment, election or
co-option of any person as a member of the general committee or by
any vacancy amongst the members of the committee.

(2) The validity of any proceeding of the general committee
shall not be affected by any defect in the appointment, election or
co-option of any person as a member thereof or by any vacancy
amongst the members thereof.

55. (1) No person shall, save with the authority of the
Federation-

(a)have in his possession any badge of the Federation, which
badge is portrayed in the Fourth Schedule; or

(b) use for any purpose-
(i) any badge or other device containing tile words
'Federation of Hong Kong Industries'; or
(ii) any device which so closely resembles the badge of
the Federation as to be capable of being understood as
referring to such badge.

(2) Any person who contravenes any of the provisions of
subsection (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,000.

56. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen, Her Heirs or Successors,
or the rights of any body politic or corporate or of any other persons
except such as are mentioned in this Ordinance and those claiming
by, from or under them.





FIRST SCHEDULE [s. 2.]

SCHEDULED
GROUPS

No. of Description ofTypes of industries within
Item Group Group the Group

1. A-1 Textile spinning Cotton spinning.
(non-wool). Staple fibre spinning.
Synthetic fibre spinning.
A-2 Wool spinning. Wool and and other animal fibre spinning.
Synthetic fibre spinning.
2. B Independent textile Manufacture of cotton piece-goods,
weaving. including canvas and towelling.

Manufacture of piece-goods of rayon,
silk, wool or other material.

Manufacture of simple made-up textile
articles such as table cloths, towels,
handkerchiefs and pillow-cases, etc.

Manufacture of webbing.

Tape weaving.

3. c Textile spinning-cum- Industrial undertakings engaged in both
weaving. spinning and weaving.
4. D Textile dyeing and Industrial undertakings engaged in dyeing,
finishing. bleaching, printing, finishing, calendering,
etc. of yarns, piece-goods or garments.
5. E Wool knitted articles Manufacture of knitted garments includ-
for wear. ing singlets, gloves and hosiery.

Manufacture of underwear or nightwear,
which is knitted or made of knitted
fabrics.

Manufacture of outerwear, which is
knitted or made of knitted fabrics.

Manufacture of foundation garments
which are knitted or made of knitted
fabrics.

Manufacture of woollen gloves.

6. F Garments (woven Manufacture of garments of woven
fabrics). materials.

Tailoring.

Manufacture of garments, made from
woven piece-goods, including rain-proof
garments.

Manufacture of foundation garments
made of woven materials.

7. G Miscellaneous textiles. Manufacture of gloves, whether sewn or
knitted, or of cotton or rayon.
Manufacture of embroidered piece-goods
or embroidered garments.
Manufacture of cotton knitted garments.











Item No. ofDescription of Types of industries within
Group Group the Group

Manufacture of cloth and embroidered
footwear.

Manufacture of hats, caps, neckties and
cravats.

Manufacture of laces and ribbons, labels,
lampwicks, mosquito nets, diapers,
sanitary towels and bandages.

Manufacture of carpets and rugs or
tapestry.

Manufacture of cotton and silk waste,
cottonwool, quilts, blankets, shoe laces,
umbrellas or nylon wrist watch bands.

Manufacture of threads, miscellaneous
small yarns or elastic nylon yarns.

Yarn doubling.

Yam winding.

8. H Metal products. Manufacture of needles, nails and screws
or cutlery.
Manufacture of safes and metal furniture
or weighing scales.
Manufacture of aluminiumware, enamel-
ware, vacuum flasks or hollowware.
Manufacture of watch straps and cases,
zip fasteners, cigarette lighters, locks and
bolts, spectacle frames, tin cans, metal
toys, clocks, jewellery or other small metal-
wares.
Electro-plating.
Manufacture of buckles and badges, eye-
lets, hinges or insecticide sprayers.
Metal cutting, metal stamping, welding,
casting or forging.
Manufacture of spray guns, taps, tools
and dies, tooth paste tubes or umbrella
ribs.
Aluminium or brass rolling or aluminium
or brass casting.
Manufacture of wire rope or machinery or
machinery parts.

9. I-1 Electrical appliances, Manufacture of flashlight cases, electric

other lighting and bulbs, lamp ballasts or condensers.

heating appliances

and optical apparatus. Manufacture of electric fans or air-
conditioners, etc.

Manufacture of electric wiring or bulb
holders.

Manufacture of metal lanterns, pressure
lamps, cookers and heaters or






airconditioning equipment.

Manufacture of optical equipment or
cameras.





No. of Description of Types of industries within
Item Group Group the Group
1-2 Electronic equipmentManufacture of transistor radios, tape
component parts andrecorders and other transistorized
transistor radios.equipment.
Manufacture of electronic component
parts and equipment.

10. J Building materials. Manufacture of bricks, cement or cement
products.
Sawmilling and flooring.
Manufacture of iron or steel bars and
rounds.
Iron foundries.
Manufacture of metal windows.
Manufacture of pipes (building) or marble
works.
Stone crushing.
11. K Rubber and leather Manufacture of rubber footwear or
products. rubber/canvas footwear.
Manufacture of leather footwear.
Manufacture of other rubber products
including tyres, elastic bands, latex pro-
ducts or foam rubber products.
Manufacture of leather suitcases, hand-
bags, belts or other leather products.
Tanning and leather finishing, rubber rol-
ling or rubber sundries.
12. LA Plastic and bakelite Manufacture of plastic buttons, artificial
manufactures. flowers or pearls.
Manufacture of articles made of plastic or
bakelite.
Manufacture of tooth brushes.
L-2 Playthings. Manufacture of toys and dolls.
13. M-1 Printing and allied Printing.
industries. Manufacture of paper and paper products.
Book binding.
Paper dyeing.
Other allied industries.
M-2 Wood, cork, straw or Manufacture of soft and hardwood
rattan manufactures furniture.
and miscellaneous
industries. Manufacture of rattan furniture and other
rattanware.
Manufacture of wooden carved goods,
abacuses, bambooware or other wooden
and cork articles or straw and grassware.
Ropemaking





Item No. ofDescription of Types of industries within
Group Group the Group

Manufacture of gunnybags. Manufacture
of fishing nets. Miscellaneous industries
not included in any other Group.

14. N Foodstuffs, beverages Manufacture of sugar, confectionery,
and tobacco. bread, cakes and biscuits or ice cream.
Bottling and canning of fruit, vegetables,
fish or meat or other foodstuffs.
Flour and rice milling.
Manufacture of egg products.
Tea blending.
Manufacture of preparations of meat, fish,
vegetables, fruit or cereals, including
sauces and noodles.
Manufacture of preserved ginger and
gourmet powder.
Tobacco manufactures.
Manufacture of soft drinks.
Distilleries or breweries.
15. 0 Chemicals and non- Manufacture of paints, lacquers and
metallic mineral varnishes.
products. Manufacture of toilet preparations, patent
medicines or cosmetics.
Manufacture of organic or inorganic
chemicals.
Manufacture of oils, soap and tallow, wax
and candles or tar.
Bone grinding.
Manufacture of glassware, chinaware,
earthenware, crucibles or incandescent
mantles.
Manufacture of matches, joss sticks or
firecrackers.
Manufacture of batteries.
16. p Transport equipment. Ship and boat building and repair.
Ship breaking.
Aircraft maintenance and repair.
Motor car engine or body repair and
assembly.
17. Q Electricity, and gas. Generation, transformation and transmis-
sion of electricity.
Manufacture and distribution of gas.

(Amended, pp. PN28 of Gazette 13.1.67 and PN1553 of Gazette 18.9.70;
81 of 1970, s. 8 and p. PN595 of Gazette 4.5.73)





SECOND SCHEDULE [s. 12.]

FEES

Item Circumstances in which payable Amount

1. Fees on admission to membership.

(a) Affiliated members
250
(b) Associate members
100
(c) Ordinary members
250

2. Annual fees.

(a) Affiliated members ............2,000
(b) Associate members .............800
(c) Ordinary members ..............2,000
(d) Fee payable by ordinary member or associate
member in respect of his or its allocation to
additional scheduled group under the provisions
of section 45(2) ..................for each group

50

(Amended, p. PN2043 of Gazette 11. 12.70; p. PN3337 of Gazette 10.12.82
and p. PN3217 of Gazette 1.8.86)

THIRD SCHEDULE [s. 36.1

CLASSES OF SCHEDULED
GROUPS

Scheduled groups of which
Item Class of scheduled groups class comprised
1 Class AGroups A-1, A-2, B, C and D.
2. Class BGroups E, F and G.
3. Class CGroups H, 1-1, 1-2 and J.
4. Class DGroups K, L- 1, L-2, M- 1 and M-2.
5. Class EGroups N. 0, P and Q.

(Amended, pp. PN28 of Gazette 13.1.67 and PN1553 of Gazette 18.9.70;
81 of 1970, s. 9 andp. PN595 of Gazette 4.5.73)





FOURTH SCHEDULE [s. 55.]

BADGE OF FEDERATION
Originally 26 of 1960. 81 of 1970. 64 of 1978. 50 of 1985. Short title. Interpretation. (Cap. 32.) (Cap. 59.) First Schedule. Establishment of Federation. Incorporation of Federation. Objects of Federation. Powers of Federation. (Cap. 43.) Seal of the Federation and authentication thereof, and instruments executed thereunder. Certain contracts and instruments not required to be under seal. Management of business of Federation vested in general committee. Qualification for ordinary and associate membership. (Cap. 310.) (Cap. 59.) (Cap. 310.) Application for ordinary or associate membership and admission of affiliated and honorary members. Fees for membership, etc. Second Schedule. Register of members. Notification of admission to members and issue of certificate and badge of membership. Second Schedule. Rights of associate and affiliated members. Resignation of members. Cesser of membership. Expulsion or suspension of members. Second Schedule. Reinstatement at members in certain cases. Effect of cesser of membership in relation to fees, etc., paid to Federation, etc. Annual general meetings. Extraordinary general meetings. Notice of general meetings. Quorum at general meetings, etc. Chairmen of general meetings. Adjournment of general meetings. Votes and proxies. Voting at general meetings. Keeping of accounts. Income and expenditure account and balance sheet. Appointment of auditors. Auditors' report. Balance sheet and report to be sent to members. Establishment and constitution of general committee. Cesser of membership of general committee. Election by associate members of members of general committee. Third Schedule. Chairman and deputy chairman of general committee. Convening of meetings of general committee. Procedure at meetings of general committee. Restrictions on right of members of general committee to be present or to vote. Transaction of business by circulation of papers. Power of general committee to appoint committees. Power of general committee to appoint Honorary Presidents and Vice Presidents. Members of general committee entitled to reimbursement of expenses, but not to other remuneration unless authorized. Attendance at meetings of general committee of members invited by chairman of scheduled group. Allocation of ordinary and associate members to scheduled groups, etc. First and Third Schedule. Election of chairmen of scheduled groups, etc. convening of meetings of scheduled group. Procedure at meetings of schedule group. Appointment of representatives by members which are corporations, firms, etc. Inspection of accounts, etc. Power of general committee to make rules. Notice to scheduled groups of annual general meeting. Service of notices, etc. Validity of proceedings. Protection of badge of Federation. Fourth schedule. Saving.

Abstract

Originally 26 of 1960. 81 of 1970. 64 of 1978. 50 of 1985. Short title. Interpretation. (Cap. 32.) (Cap. 59.) First Schedule. Establishment of Federation. Incorporation of Federation. Objects of Federation. Powers of Federation. (Cap. 43.) Seal of the Federation and authentication thereof, and instruments executed thereunder. Certain contracts and instruments not required to be under seal. Management of business of Federation vested in general committee. Qualification for ordinary and associate membership. (Cap. 310.) (Cap. 59.) (Cap. 310.) Application for ordinary or associate membership and admission of affiliated and honorary members. Fees for membership, etc. Second Schedule. Register of members. Notification of admission to members and issue of certificate and badge of membership. Second Schedule. Rights of associate and affiliated members. Resignation of members. Cesser of membership. Expulsion or suspension of members. Second Schedule. Reinstatement at members in certain cases. Effect of cesser of membership in relation to fees, etc., paid to Federation, etc. Annual general meetings. Extraordinary general meetings. Notice of general meetings. Quorum at general meetings, etc. Chairmen of general meetings. Adjournment of general meetings. Votes and proxies. Voting at general meetings. Keeping of accounts. Income and expenditure account and balance sheet. Appointment of auditors. Auditors' report. Balance sheet and report to be sent to members. Establishment and constitution of general committee. Cesser of membership of general committee. Election by associate members of members of general committee. Third Schedule. Chairman and deputy chairman of general committee. Convening of meetings of general committee. Procedure at meetings of general committee. Restrictions on right of members of general committee to be present or to vote. Transaction of business by circulation of papers. Power of general committee to appoint committees. Power of general committee to appoint Honorary Presidents and Vice Presidents. Members of general committee entitled to reimbursement of expenses, but not to other remuneration unless authorized. Attendance at meetings of general committee of members invited by chairman of scheduled group. Allocation of ordinary and associate members to scheduled groups, etc. First and Third Schedule. Election of chairmen of scheduled groups, etc. convening of meetings of scheduled group. Procedure at meetings of schedule group. Appointment of representatives by members which are corporations, firms, etc. Inspection of accounts, etc. Power of general committee to make rules. Notice to scheduled groups of annual general meeting. Service of notices, etc. Validity of proceedings. Protection of badge of Federation. Fourth schedule. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3234

Edition

1964

Volume

v20

Subsequent Cap No.

321

Number of Pages

28
]]>
Tue, 23 Aug 2011 18:32:16 +0800
<![CDATA[POST SECONDARY COLLEGES REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3233

Title

POST SECONDARY COLLEGES REGULATIONS

Description






POST SECONDARY COLLEGES REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2 2. Constitution .1 . ... ... ... ... ... ... ... ...
... ... .... ... ... A 2 3.
Premises ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 4 4. Health ... . ... ... ... ... ... ... ... ... ...
... ... ... ... A4 5. Dangerous experiments and equipment ... ... ... ... ... ... ... ... A 5 6.
Admission and age of entry of students ... ... ... ... ... ... ... A 5 7. Permission
required for courses for teachers ... ... ... ... ... ... ... A 5 8. Examinations . ... ... ... ...
... ... ... ... ... ... ... ... ... A5 9. Finance ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A5

10. Forms... 1 . ... ... ... ... ... ... ... ... ... ... ... ... ... A 5

Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5





POST SECONDARY COLLEGES REGULATIONS

(Cap. 320, section 12)

[20 May 1960.]

1. These regulations may be cited as the Post Secondary Colleges
Regulations.

2. The constitution of every College shall include the following
provisions

(a) the following college bodies shall be constituted-

(i) a Board of Governors which shall be the supreme
governing body of the College;

(ii) a College Council which shall be the executive body of
the College administering the property and managing the
general affairs of the College subject to the directions of the
Board of Governors;

(iii) an Academic Board which shall regulate the academic
affairs of the College subject to the financial control of the
College Council; and

(iv) a Faculty Board for each faculty in the College which
shall be responsible to the Academic Board for the teaching
and general organization of the courses assigned to that
faculty reporting thereon from time to time to the Academic
Board;

(b)the College bodies specified in paragraph (a) shall be subject
to the provisions in Table A relating to composition and
standing orders






(c)no act or resolution of any College body shall be invalid by
reason only of any vacancy in, or any want of qualifications by
or validity in the election or appointment of any member of
such body;

(d) (i) the College bodies specified in paragraph (a) may establish
such committees as they see fit;

(ii) a committee established under sub-paragraph (i) may be
constituted partly of persons who are not members of the
particular College body establishing it;

(e) there shall be the following officers-

(i) a President who shall be the principal academic and
administrative officer, and who shall be appointed and
dismissed by the Board of Governors on the advice of the
College Council subject to the approval of the Director;

(ii) a Vice-President;

(iii) a Chairman and Vice-Chairman of the Board of.
Governors;

(iv) a Chairman and Vice-Chairman of the College Council;

(v) a Chairman and Vice-Chairman of the Academic Board;

(vi) a Dean for each Faculty in the College; and either

(vii) an Academic Registrar;

(viii) a Bursar;

(ix) a Librarian; or

(x) a Dean of Studies;

(xi) a Registrar;

(xii) a Librarian;

(xiii) a Comptroller;

(xiv) a Dean of Students;

(f)all the officers specified in sub-paragraphs (vi) to (xiv) in
paragraph (e) shall be appointed and dismissed by the College
Council subject to the approval of the Board of Governors;

(g) (i) teachers shall be classified as senior lecturers, lectur-

ers, assistant lecturers, tutors and demonstrators; and such
persons shall be appointed by the College Council on
recommendations of the Academic Board subject to the
approval of the Board of Governors;

(ii) save for termination at the end of a period of probation
the appointment of a teacher may be terminated by the College
Council for good cause only, and in every case the College
Council shall consider the recommendations of the Academic
Board;





(iii) the minimum qualification of a teacher shall be a
university degree;

(iv) teachers in receipt of full time salaries from the College
shall not engage in outside practice for reward without the
consent of the College Council and subject to such
conditions as it may impose;

(h) (i) application for any person to be entered on the

register of members of Boards of Governors or of members
of College Councils shall be made to the Director by the
Chairman of the Board of Governors on the instructions
of the majority of the same of the prescribed form;

(ii) application for any person to be entered on the register
of teachers shall be made to the Director by the President
subject to the approval of the College Council on the
prescribed form;

(i)the College Council shall appoint as auditor a professional
accountant holding a practising certificate as provided in the
Professional Accountants Ordinance, who shall audit the
College accounts annually, and who shall hold office for one
year but shall be eligible for re-appointment.

3. (1) College premises shall at all times to the satisfaction of the
Director or any person authorized by him in writing in that behalf--

(a) be kept in a state of repair. cleanliness and safety.

(b)be adequately ventilated, lighted and provided with
satisfactory water supply and with washing and latrine
arrangements;

(c)be adequately protected against fire and equipped with fire
fighting appliances.

(2) College hostels shall be provided with adequate sick rooms and
all boarders shall be medically examined by a registered medical
practitioner before admission to any College hostel and re-examined at
least once in every 6 months thereafter.

4. (1) The Director or any person authorized by him in writing in
that behalf may require any person employed in a College and any
teacher or student to be medically examined.

(2) The College Council shall, if so required in writing by the
Director or any person authorized by him in writing in that behalf, cause
any employee, teacher or student found to be suffering from an
infectious disease to be excluded from the College for such period as he
may direct.

(3) The College shall provide adequate first aid equipment, and in
particular there shall be first aid boxes adjacent to all laboratories and
workshops, and the staff shall be familiar with the contents and use of
such first aid boxes.





5. (1) The College Council shall ensure that no student performs
dangerous experiments or uses dangerous equipment without adequate
supervision.

(2) Poisons, dangerous chemicals and other dangerous equipment
shall be properly guarded and under the charge of a responsible member
of the College staff.

6. (1) No student shall be admitted to a College unless he is at least
17 years of age.

(2) The minimum academic requirement for entry into a College
shall, save where the Director or any person authorized by him in
writing in that behalf otherwise permits, be the possession of a Hong
Kong School Certificate or Hong Kong Chinese School Certificate.

7. No College shall give a course of training for teachers, except
with the written permission of the Governor.

8. (1) Examinations for college diplomas and college certificates
shall be conducted by examiners appointed by the College Council on
the recommendation of the Academic Board.

(2) The Director or any person authorized by him in writing in that
behalf shall have the right to nominate additional examiners for any
college diploma or certificate examination if he so wishes.

9. (1) The College Council shall ensure the keeping of correct and
adequate accounts of all income and expenditure of the College.

(2) All books of accounts. receipts, vouchers, etc., shall be open to
inspection by the Director or any person authorized by him in writing in
that behalf.

10. Applications for registration of a Post Secondary College, for
registration of a member of the Board of Governors or member of a
College Council, or for registration of a teacher shall be made on the
forms set out in the Schedule.

SCHEDULE [reg. 10.]

FORM 1

POST SECONDARY COLLEGES
ORDINANCE
(Chapter 320)

Application to register a college as an approved Post Secondary College

Address (for correspondence) ..................

..................

Tel. No . ....................................................

Date.........................................................





Director of Education,
Education Department.
Hong Kong.

1 I hereby apply for registration of the college, particulars of which are set out below. as an
approved Post Secondary College.

2. Particulars

(a) Proposed name of College (in English)
.................................................

...........
................................

(b) Proposed name of College (in Chinese)
................................................

...............................

(c) Proposed address of College
.................................................................

........

(d) Whether (i) day College.

(ii) evening College.

(e) Fees per student per year
......................................................................
(f) Sources and amount of annual revenue other than fees .......................

...................

(g) Amount of capital funds available for building and equipment or

already spent for such purposes
...........................................................

(h) Name and address of lessee of college premises ..................................

...............................

.........................

(i) Rent of college premises
.......................................................................

(j) Number of teaching weeks in academic year ........................................

......................

(k) Number of students it is proposed to admit per annum .......................

..................... ...

(1) Total number of students for which the College will provide

...............................

(m) Names of proposed Faculties and Departments in each Faculty ..........

...............................
...............................


3. I attach applications in duplicate for the persons listed in Appendix A to be registered as a
Member of the Board of Governors of the College.

4. I attach applications in duplicate for the persons listed in Appendix B to be registered as
Members of the College Council.

5. I attach applications in duplicate for the persons listed in Appendix C to be registered as
teachers.

6. I attach particulars (including salaries) of all officers it is proposed to appoint.

7. I attach 3 copies of a rough plan or diagram of the college premises (with dimensions).

8. I attach a list of proposed courses ^and outline contents and length of each course.

9. I attach a copy of the Conditions of Service and Contract for Employment of a full-time
teacher of the College.





10. I attach a copy of the Requirements for Admission of a student to the
College.

11. I attach a copy of the Ordinance incorporating the College or other
evidence of incorporation together with a copy of the Constitution of the College.

12. I attach a general account of the proposed conduct, organization. courses
and finance of the College.

13. The Board of Governors request approval for the appointment of

.................... .......as President.

(Signed)
...........................................................
....... Chairman of the Board of
Governors

Note.Registration of a college does not release the Board of Governors or any other person from com pliance with
any relevant requirements of the Buildings Ordinance (Chapter 123) or any other Ordinance. nor does it in
any way affect or modify any agreements or covenants Whatsoever relating to the premises intended for use
as the college.

FORM 2

POST SECONDARY COLLEGES ORDINANCE
(Chapter 320)

Application for registration of a Member of a Board of
Governors
and or Member of a College Council of Post Secondary College

Address (for correspondence) ..................

........ ......................
......

Tel. No . ...........................

Date.........................................................

Director of Education,
Education
Department, Hong
Kong.

College
......................................................................................

Address ............................................

On the instructions of the majority of the members of the Board of

Governors of .......College 1 hereby make application for
Mr./Mrs./Miss ......particulars of whom are given below,

to be registered as a Member of the Board of Governors of this College.

a Member of the Council
2......................Particulars-
(a) Name (in English) (In Chinese)

(b) Aliases ...................................................................................
..............







(c) Residential Address ... ...
.......................................................................

(d) Date of Birth .............................................................................
...........

(e) Place of Birth
.........................................................................................

(f)Occupation(s) during the last 10 years. (If full and complete
information has already been supplied in a previous application for
registration as a manager of a college. this section need not be
completed)
............................................................................................

..........................
.......................

............................................................................................................

(g) Particulars of education
.......................................................................

................

Delete as necessary.





(h) Experience in or knowledge of educational matters .............................

...............................

(i) Special interest in the above College ....................................................

(j) Any other relevant remarks ..................................................................

(Signed) ................................................

Chairman of the Board of Go vernors

...................
College.

Note: This form should be completed in duplicate,

FORM 3

POST SECONDARY COLLEGES
ORDINANCE

(Chapter 320)

Application for registration of a teacher of an approved
Post Secondary College

. ........ College
. ................

Date .........................................................

Director of Education,
Education
Department. Hong
Kong.

1. With the approval of the College Council I hereby make application for

Mr/Mrs./Miss .............. particulars of whom

are given below, to be registered as a teacher in this College.

2. Particulars

(a) Name (in English)
(b) Name (in Chinese)
(c) Aliases
(d) Sex
(e) Date of Birth
(f) Place of Birth

(g) Where educated with dates-


(h)Educational qualifications
.................................................................... (Certificates, diplomas,
degrees)

...........................................................................................................

..............................

................................................





(i)Details of occupation(s) other than teaching since leaving school,
college or university
..............................................................................

..............
..........................................................................................................

...............................
...............................

(f)

(k) Details of any publications or original research
...............

3. Subjects to be taught
4. Proposed salary
5.Full-time or part-time

(if part-time, state hours)
.............................................................................

6. The following persons who are/are not aware of the statements made on
this form may be referred to regarding the character of the teacher:

(a) Name ........Occupation

Address ................................................................................................

(b) Name ........Occupation

Address ................................................................................................

7. I attach

(a) 3 signed photographs

(b) medical certificate

(c)educational certificates, or other evidence of educational qualifications
of the teacher.

Photograph

Identity Card No .
.....................................
(Signed)
...............................
.....................

President

Note: This form should be completed in duplicate.
G.N.A. 39/60. 76 of 1973. Citation. Constitution. Form 2. Form 3. 76 of 1973, s. 3. (Cap. 50.) Premises. Health. Dangerous experiments and equipment. Admission and age of entry of students. Permission required for courses for teachers. Examinations. Finance. Forms. Schedule.

Abstract

G.N.A. 39/60. 76 of 1973. Citation. Constitution. Form 2. Form 3. 76 of 1973, s. 3. (Cap. 50.) Premises. Health. Dangerous experiments and equipment. Admission and age of entry of students. Permission required for courses for teachers. Examinations. Finance. Forms. Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/3233

Edition

1964

Volume

v20

Subsequent Cap No.

320

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:32:16 +0800
<![CDATA[POST SECONDARY COLLEGES ORDINANCE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3232

Title

POST SECONDARY COLLEGES ORDINANCE ORDINANCE

Description






LAWS OF HONG KONG

POST SECONDARY COLLEGES ORDINANCE

CHAPTER 320

Cl

REVISED EDITION 1964

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 320.

POST SECONDARY COLLEGES ORDINANCE.

ARRANGEMENT OF SECTIONS.
section. Page.
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Registers ... ... ... ... ... ... ... ... ... ... ... ... ... ...
2
4. Requirements for registration ... ... ... ... ... ... ... ... ... ... 2
5. Effect of registration ... ... ... ... ... ... ... ... ... ... ... ... 3
6. Refusal of registration and cancellation ... ... ... ... ... ... ... 3
7. Visits ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
4
8. Name of College ... ... ... ... ... ... ...
... ... ... ... ... 5
9. Evening colleges ... ... ... ... ... ... ...
... ... ... ... ... 5
10. Award of diplomas and certificates ... ... ... ... ... ... ... ... 5
11. Research and special studies ... ... ... ... ... ... ... ... ... ... 5
12. Regulations ... ... ... ... ... ... ... ... ...
... ... ... ... ... 5





CHAPTER 320.

POST SECONDARY COLLEGES.

Toprovide for the registration and control of certain Post
Secondary Colleges and their consequent exemption from the
provisions of the Education Ordinance and for other matters
connected therewith.

[20th May, 1960.]

1. This Ordinance may be cited as the Post Secondary Colleges
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'College' means a Post Secondary College registered under this
Ordinance, and such College should be known as an Approved
Post Secondary College;

'Board of Governors' includes a Board of Trustees where such a body
exists in place of a Board of Governors;

'Director' means the Director of Education.

3. For the purposes of this Ordinance the Director shall keep the
following registers

(a) a register of Colleges;

(b) a register of members of Boards of Governors;

(c) a register of members of College Councils;

(d) a register of teachers in Colleges.

4. A Post Secondary College shall be eligible for registration under
~on 3 and thereafter to remain on the register where the ~or is satisfied
as to

(a)the composition of the Board of Governors. College Council
and teaching stag being such as to ensure satisfactory
academic and general standards and conduct;

(b)the constitution. statutes or other instruments which govern
the Post Secondary College; (Amended, 37 of 1962, s. 2)

(c)the courses offered being suitable in all respects for Post
Secondary Colleges meeting a community need and including
major courses extending over at least four years;

(d)the equipment laboratories. library and general facilities being.
adequate for the courses offered;

(e)the number, qualifications, remuneration and conditions of ~cc
of the Post Secondary College staff;





the premises being adequate for the purposes of a Post
Secondary College and being m all ways suitable and safe for
such purposes;

(g)the conditions as to age and attainments of the students
qualifying for admission. the standard of instruction and the
final examination standards;

(h)the number of students being admitted having regard to the
maintenance of status and standards, facilities available and
community need;

Wstudents being admitted without favour being shown on
grounds of race. nationality or religion save where on the
application of the Post Secondary College the Director
approves of an exception in favour of a class of persons
holding a particular religious faith;

(1)the Post Secondary College being free from affliation with or
control by any foreign government, foreign organization or
political group and the students teachers and officers
refraining from political propaganda and from any undesirable
political activity and from any other activity whatsoever which
the Director considers inimical to the interests of the College;

(k)adequate provision being made in the Post Secondary College
for the encouragement of corporate and social life and for
recreation;

(1) the finances of the Post Secondary College;

(m) the legal status of the Post Secondary College which shall be a
corporation unless other arrangements are made, to the
approval of the Director, for the proper discharge of legal
obligations and safeguarding of rights of the College;

(n)the College complying m all respects with the provisions of
this Ordinance.

5. So long as a College remains registered under section 3 it shall be
exempt from the provisions of the Education Ordinance.

6. (1) The Director may refuse to register or may cancel the
registration of

(a)any Post Secondary College where he is not satisfied in
respect of any of the matters specified in section 4,

(b)any person as a member of a Board of Governors or College
Council or as a teacher where it appears to him that such
person is not a fit and proper person to act in that capacity or
that such person fails to comply with the provisions of this
Ordinance.





(2) The Director shall cancel the registration of-

(a)any College where it appears to him that such College has
ceased to function or where the Chairman of the Board of
Governors, on the instructions of the Board of Governors,
requests cancellation;

(b)any person from the register of members of Boards of
Governors or College Councils or teachers where such person
ceases to act in that capacity.

(3) The Director shall give notice in writing of any refusal to
register or of any cancellation to the Post Secondary College or person
concerned.

(4) Where the Director refuses to register or cancels a registration
under subsection (1) the Post Secondary College or person concerned
may within twenty-one days of the receipt of the notice under
subsection (3) appeal by way of petition to the Governor in Council, and
the decision of the Governor in Council shall be final.

(5) For the purpose of considering a petition and determining the
appeal the Governor in Council may appoint a tribunal to inquire into the
matters raised in such petition. and may empower such tribunal to hear
evidence and do all other such things as are necessary for its due
inquiry. Any tribunal so appointed shall conduct its inquiry in private
and submit a report in writing to the Governor in Council.

(6)(a) In addition to the powers of the Director under subsection
(1) the Governor in Council may order the Director to refuse to
register or to cancel the registration of any Post Secondary
College or of any person as a member of a Board of Governors
or College Council or as a teacher where it appears to the
Governor m Council that the registration or the continued
registration of such College or person would be prejudicial to
the public interest, to the welfare of students or to education
generally.

(b)Before making any order under this subsection the Governor
m Council shall afford to the Post Secondary College or
person concerned the opportunity to submit any
representations m writing which shall be considered by the
Governor in Council.

7. For the purposes of this Ordinance, and for the purpose of
ensuring compliance with any conditions attaching to financial
assistance from Government, the Director and any person authorized by
him in writing m that behalf. may visit any College. and shall be afforded
all reasonable facilities and information by the College and the teachers
and officers.





8. (1) Every College shall be registered under such name in both
English and Chinese as may be approved by the Director. who shall not
without the prior sanction of the Governor in Council approve any name
containing the word 'University', or the Chinese words 'Tai Hok' or
'Hok Yuen'

(2) No College may use any name other than its registered name.

9. (1) Where any Post Secondary College provides courses in the
evening of a like nature to those provided in a College, such Post
Secondary College may be required by the Director to include the word
'Evening in its name.

(2) Every Post Secondary College so required shall be deemed a
separate College and shall be required to register as such,
notwithstanding that it is registered as a College in respect of the
courses conducted during the day.

10. Colleges registered under this Ordinance and Post Secondary
Colleges registered under the Education Ordinance, may award College
diplomas and College certificates but shall not award degrees or issue
any document which could reasonably be taken as signifying the award
of a university degree.

11. Colleges may establish institutes or departments of research or
special studies with the approval m writing of the Director, who in
giving his approval shall take into consideration the need for any such
institute or department and the ability of the College to maintain
satisfactory standards therein with reference to the adequacy of the
teaching staff, equipment and general facilities.

12. (1) The Governor in Council may by regulation provide for

(a)the provisions required to be in college constitutions
including provisions relating to the composition of Boards of
Governors, College Councils, Academic Boards and Faculty
Boards, the officers and academic staff with their conditions
of service and generally for the administration of the College;

(b) the conduct of the affairs of the College;

(c) forms;

(a)generally for the carrying into effect of the provisions of this
Ordinance.

(2) The Director may exempt any College, officer, teacher or student
thereof from any of the provisions of any regulations made under this
section.
Originally 15 of 1960. 37 of 1962. Short title. Interpretation. Registers. Requirements for registration. Effect of registration. (Cap. 279.) Refusal of registration and cancellation. Visits. Name of College. Evening Colleges. Award of diplomas and certificates. (Cap. 279.) Research and special studies. Regulations.

Abstract

Originally 15 of 1960. 37 of 1962. Short title. Interpretation. Registers. Requirements for registration. Effect of registration. (Cap. 279.) Refusal of registration and cancellation. Visits. Name of College. Evening Colleges. Award of diplomas and certificates. (Cap. 279.) Research and special studies. Regulations.

Identifier

https://oelawhk.lib.hku.hk/items/show/3232

Edition

1964

Volume

v20

Subsequent Cap No.

320

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:32:15 +0800
<![CDATA[FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) (APPLICATION TO THE COMMONWEALTH) ORDER]]> https://oelawhk.lib.hku.hk/items/show/3231

Title

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) (APPLICATION TO THE COMMONWEALTH) ORDER

Description






FOREIGN JUDGMENTS (RECIEPROCAL ENFORCE~
(APPLICATION TO THE COMMONWEALTH) ORDER.

(Cap. 319, section 9).

[ 15th January, 1965]

1. This order may be cited as the Foreign Judgments (Reciprocal
Enforcement) (Application to the Commonwealth) Order.

2. The provisions of the Foreign Judgments (Reciprocal
Enforcement) Ordinance shall apply to every part of the Common
wealth and to judgments obtained in the superior courts of any such
part.
L.N. 8/65. Citation. Application of Ordinance to Commonwealth.

Abstract

L.N. 8/65. Citation. Application of Ordinance to Commonwealth.

Identifier

https://oelawhk.lib.hku.hk/items/show/3231

Edition

1964

Volume

v20

Subsequent Cap No.

319

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:14 +0800
<![CDATA[FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDER]]> https://oelawhk.lib.hku.hk/items/show/3230

Title

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDER

Description






FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT)

ORDER

(Cap .319, section 3(1))

[4 October 1968.]


WHEREAS

(a)by section ion 3 of the Foreign Judgments (Reciprocal
Enforcement) Ordinance it is provided that the Governor in
Council, if he is satisfied that, in the event of the benefits
conferred by the Ordinance being extended to judgments
given in the superior courts of any foreign country,
substantial reciprocity of treatment will be assured as respects
the enforcement in that foreign country of judgments given in
the superior courts of Hong Kong. may by order direct that
the provisions of the Ordinance shall extend to that foreign
country and that such courts of that foreign country as are
specified in the order shall be deemed superior courts of that
country for the purposes of the Ordinance; and

(b)by section 9 of the Ordinance, it is provided that the Governor
in Council may by order direct that the provisions of the
Ordinance shall apply to any part of the Commonwealth and
to judgments obtained in the superior courts of such part, as
they apply to foreign countries and judgments obtained in the
superior courts of foreign countries:

AND WHEREAS in exercise of the powers conferred by section 9, the
Governor in Council has by the Foreign Judgments (Reciprocal
Enforcement) (Application to the Commonwealth) Order, directed
that the provisions of the Ordinance shall apply to every part of
the Commonwealth and to judgments obtained in the superior
courts of any such part:

AND WHEREAS--

(a)the Governor in Council is satisfied that, the benefits
conferred by the Ordinance having been extended. or in the
event of their being extended, to judgments given in the
superior courts of each part of the Commonwealth specified in
the First Schedule hereto, substantial reciproc

RE'
0

E

NT'

of t

B-

R 7

fa~ by s 1

ity of treatment has been or will be assured as respects the
enforcement in each such part of judgments given in the
superior courts of Hong Kong; and







(b)the Governor in Council is satisfied that, the benefits
conferred by the Ordinance having been extended, or in the
event of their being extended, to judgments given in the





superior courts of each of the foreign countries specified in
the Second Schedule hereto, substantial reciprocity of
treatment has been or will be assured as respects the
enforcement in each such country of judgments given in the
superior courts of Hong Kong:

1. This order may be cited as the Foreign Judgments (Reciprocal
Enforcement) Order.

2. The provisions of the Ordinance shall extend to each of the parts
of the Commonwealth as are specified in the First Schedule.

3. The provisions of the Ordinance shall extend to judgments given
in the superior courts of any of the countries specified in the Second
Schedule.

4. For the purposes of the Ordinance, courts in each part of the
Commonwealth specified in the First Schedule and in each country
specified in the Second Schedule which have unlimited
jurisdiction in civil and criminal matters shall be deemed to be superior courts.


FIRST SCHEDULE [paras. 2 & 4.]

1 . The following States and Territories of Australia-

Australian Capital Territory.
New South Wales.
Northern Territory.
Queensland.
South Australia.
Tasmania.
Victoria.
Western Australia.

2. Bermuda.

3. Brunei.

4. Ceylon.

5. India.

6. Malaysia.

7. New Zealand

8. Pakistan.

9. Singapore.

SECOND SCHEDULE [paras. 3 & 4.]

1. Belgium.

2. France.

3. Federal Republic of Germany.

4. Republic of Italy.

5. Republic of Austria.

6. Kingdom of the Netherlands.

7. Israel.
L.N. 101/68. L.N. 17/73. L.N. 145/73. L.N. 249/75. L.N. 262/77. L.N. 120/78. L.N. 169/78. L.N. 72/79. Preamble. (Cap. 319.) (Cap. 319. Sub. leg.) First Schedule. Second Schedule. Citation. Extension of Ordinance to Commonwealth countries. First Schedule. Extension of Ordinance to foreign countries. Second Schedule. Superior courts. First Schedule. Second Schedule. L.N. 17/73. L.N. 249/75. L.N. 249/75. L.N. 145/73. L.N. 262/77. L.N. 120/78. L.N. 169/78. L.N. 72/79.

Abstract

L.N. 101/68. L.N. 17/73. L.N. 145/73. L.N. 249/75. L.N. 262/77. L.N. 120/78. L.N. 169/78. L.N. 72/79. Preamble. (Cap. 319.) (Cap. 319. Sub. leg.) First Schedule. Second Schedule. Citation. Extension of Ordinance to Commonwealth countries. First Schedule. Extension of Ordinance to foreign countries. Second Schedule. Superior courts. First Schedule. Second Schedule. L.N. 17/73. L.N. 249/75. L.N. 249/75. L.N. 145/73. L.N. 262/77. L.N. 120/78. L.N. 169/78. L.N. 72/79.

Identifier

https://oelawhk.lib.hku.hk/items/show/3230

Edition

1964

Volume

v20

Subsequent Cap No.

319

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:32:13 +0800
<![CDATA[FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3229

Title

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE

Description








LAWS OF HONG KONG

FOREIGN JUDGMENTS (RECIPROCAL

ENFORCEMENT) ORDINANCE

CHAPTER 319

Of 11

REVISED EDITION 1981

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
H 0 NG K ONG





CHAPTER 319

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1. Short title ............................ ... ... ... ... ... ... ... ... 2
2. Interpretation.......................... ... ... ... ... ... ... ... ... 2
3. Power to extend the provisions of the Ordinance to countries giving reciprocal
treatment ............................ ... ... ... ... ... ... ... ... 3
4..................................Application for, and effect of, registration of foreign judgments ... ... ... 4
5. Rules of Court ............................ ... ... ... ... ... ... ... 5
6..................................Cases in which registered judgments must, or may be set aside ... ... ... 6
7..................................Powers of registering courts on application to set aside registrations ... ... 7
8. Foreign judgments which can be registered not to be enforceable otherwise 8
9.....................Application to the Commonwealth ... ... ... ... ... ... ... ... ... 8
10........................General effect of certain foreign judgments .... ... ... ... ... ... ... 9
11. Power to make foreign judgments unenforceable in the Colony, if no reciprocity 10
12...............................Issue of certificates of judgments obtained in the Colony ... ... ... ... 10
13. Transitional....................... ... ... ... ... ... ... ... ... ... 10





CHAPTER 319

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT)

Tomake provision for the enforcement in the Colony of Hong Kong of
judgments given in other parts of the Commonwealth and foreign
countries which afford reciprocal treatment to judgments given in
the Colony of Hong Kong, for facilitating the enforcement in such
parts or countries of judgments given in the Colony of Hong Kong,
and for matters connected therewith.

[6 May 1960.]

1. This Ordinance may be cited as the Foreign Judgments
(Reciprocal Enforcement) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'appeal' includes any proceedings by way of discharging or setting
aside a judgment or an application for a new trial or a stay of
execution;

-country of the original court' means the country in which the original
court is situated;

'foreign country' has the same meaning as in the United Kingdom
Foreign Judgments (Reciprocal Enforcement) Act 1933;

'judgment ' means

(a)a judgment or order given or made by a court in any civil proceedings; or

(b)a judgment or order given or made by a court in any criminal
proceedings for the payment of a sum of money in respect
compensation or damages to an injured party;

(Replaced, 13 of 1964, s. 2)

'Judgment creditor' means the person in whose favour the judgment
was given and includes any person in whom the rights under the
judgment have become vested by succession or assignment or
otherwise;

'judgment debtor' means the person against whom the judgment was
given, and includes any person against whom thejudgment is
enforceable under the law of the original court;



'judgments given in the superior courts of the Colony' means
judgments given in the High Court and includes judgments given
in any court whether of the Colony or not, on appeals against any






judgments so given;

'original court' in relation to any judgment means the court by which
the iudgment was given;





'prescribed' means prescribed by rules of court made under the
Supreme Court Ordinance as modified by section 5 of this
Ordinance; (Amended, 92 of 1975, s. 58)

'registration' means registration under section 4, and the expressions
'register' and 'registered' shall be construed accordingly;

'registering court' in relation to any judgment means the court to which
an application to register the judgment is made.

(2) For the purposes of this Ordinance, the expression 'action in
personam' shall not be deemed to include any matrimonial cause or any
proceedings in connexion with any of the following matters

(a) matrimonial matters;

(b) administration of the estates of deceased persons;

(e) bankruptcy;

(d) winding up of companies;

(e) lunacy;

(f) guardianship of infants.

3. (1) The Governor in Council, if he is satisfied that, in the event of
the benefits conferred by this Ordinance being extended to judgments
given in the superior courts of any foreign country, substantial
reciprocity of treatment will be assured as respects the enforcement in
that foreign country of judgments given in the superior courts of the
Colony, may by order direct

(a)that the provisions of this Ordinance shall extend to that
foreign country; and

(b)that such courts of that foreign country as are specified in the
order shall be deemed superior courts of that foreign country
for the purposes of this Ordinance.

(2) Any judgment of a superior court of any foreign country to
which the provisions of this Ordinance extend, other than a judgment of
such a court given on appeal from a court which is not a superior court,
shall be a judgment to which the provisions of this Ordinance apply, if

(a) it is final and conclusive as between the parties thereto; and

(b)there is payable thereunder a sum of money, not being a sum
payable in respect of taxes or other charges of a like nature or
in respect of a fine or other penalty; and

(c)it is given after the coming into operation of the order
directing that the provisions of this Ordinance shall extend to
that foreign country.

(3) For the purposes of this section, a judgment shall be deemed to
be final and conclusive notwithstanding that an appeal is





pending against it, or that it may still be subject to appeal, in the courts
of the country of the original court.

(4) The Governor in Council may by a subsequent order vary or
revoke any order previously made under this section.

4. (1) A person, being a judgment creditor under a judgment to
which the provisions of this Ordinance apply, may apply to the High
Court at any time within 6 years after the date of the judgment, or, where
there have been proceedings by way of appeal against the judgment,
after the date of the last judgment given in those proceedings, to have
the judgment registered in the High Court, and on any such application
the court shall, subject to proof of the prescribed matters and to the
other provisions of this Ordinance, order the judgment to be registered:

Provided that a judgment shall not be registered if at the date of
the application

(a) it has been wholly satisfied; or

(b)it could not be enforced by execution in the country of the
original court.

(2) Subject to the provisions of this Ordinance with respect to the
setting aside of registration

(a)a registered judgment shall, for the purposes of execution, be
of the same force and effect; and

(b) proceedings may be taken on a registered judgment; and

(c)the sum for which a judgment is registered shall carry interest;
and

(d)the registering court shall have the same control over the
execution of a registered judgment,

as if the judgment had been a judgment originally given in the
registering court and entered on the day of registration:

Provided that the execution shall not issue on the judgment so
long as, under the provisions of this Ordinance and any prescribed
rules, it is competent for any party to make an application to have the
registration of the judgment set aside, or, where such an application is
made, until after the application has been finally determined.

(3) Where the sum payable under a judgment which is to be
registered is expressed in a currency other than the currency of the
Colony, the judgment shall be registered as if it were a judgment for
such sum in the currency of the Colony as on the basis of the rate of
exchange prevailing at the date of registration, is equivalent to the sum
so payable. (Amended, 8 of 1981, s. 2)

(4) If at the date of the application for registration the judgment of
the original court has been partly satisfied, the judgment





shall not be registered in respect of the whole sum payable under the
judgment of the original court, but only in respect of the balance
remaining payable at that date.

(5) If, on an application for the registration of a judgment, it appears
to the registering court that the judgment is in respect of different
matters and that some, but not all, of the provisions of the judgment are
such that if those provisions had been contained in separate judgments
those judgments could properly have been registered, the judgment may
be registered in respect of the provisions aforesaid but not in respect of
any other provisions contained therein.

(6) In addition to the sum of money payable under the judgment of
the original court, including any interest which by the law of the country
of the original court becomes due under the judgment up to the time of
registration, the judgment shall be registered for the reasonable costs of
and incidental to registration, including the costs of obtaining a certified
copy of the judgment from the original court.

5. (1) The power to make rules of court under the Supreme Court
Ordinance shall, subject to the provisions of this section, include power
to make rules for the following purposes(Amended, 92 of 19 75, s. 58)

(a)for making provision with respect to the giving of security for
costs by persons applying for the registration of judgments;

(b)for prescribing the matters to be proved on an application for
the registration of a judgment and for regulating the mode of
proving those matters;

(c)for providing for the service on the judgment debtor of notice
of the registration of a judgment;

(d)for making provision with respect to the fixing of the period
within which an application may be made to have the
registration of a judgment set aside and with respect to the
extension of the-period so fixed;

(e)for prescribing the method by which any question arising
under the provisions of this Ordinance whether a foreign
judgment can be enforced by execution in the country of the
original court, or what interest is payable under a foreign
judgment under the law of the original court, is to be
determined;

for prescribing any matter which under the provisions of this
Ordinance is to be prescribed.

(2) Rules made for the purposes of this Ordinance shall be
expressed to have, and shall have, effect subject to any such provisions
contained in orders made by the Governor in Council





under section 3 as are declared by such orders to be necessary for the
giving of effect to agreements made between Her Majesty and any
foreign country in relation to matters with respect to which there is
power to make rules of court for the purposes of the provisions of this
Ordinance.

6. (1) On an application in that behalf duly made by any party
against whom a registered judgment may be enforced, the registration of
the judgment

(a) shall be set aside if the registering court is satisfied-

(i) that the judgment is not a judgment to which the
provisions of this Ordinance apply or was registered in
contravention of any of the foregoing provisions of this
Ordinance; or

(ii) that the courts of the country of the original court had
no jurisdiction in the circumstances of the case; or

(iii) that the judgment debtor, being the defendant in the
proceedings in the original court, did not (notwithstanding
that process may have been duly served on him in accordance
with the law of the country of the original court) receive
notice of those proceedings in sufficient time to enable him to
defend the proceedings and did not appear; or

(iv) that the judgment was obtained by fraud; or

(y) that the enforcement of the judgment shall be contrary
to public policy in the country of the registering court; or

(vi) that the rights under the judgment are not vested in the
person by whom the application for registration was made;

(b)may be set aside if the registering court is satisfied that the
matter in dispute in the proceedings in the original court had
previously to the date of the judgment in the original court
been the subject of a final and conclusive judgment by a court
having jurisdiction in the matter.

(2) For the purposes of this section, the courts of the country of
the original court shall, subject to the provisions of subsection (3), be
deemed to have had jurisdiction

(a) in the case of a judgment given in an action in personam-

(i) if the judgment debtor, being a defendant in the
original court, submitted to the jurisdiction of that court
by voluntarily appearing in the proceedings otherwise than property sei _ ened th seizure, in the proceed-
for the purpose of protecting, or obtaining the release of,
property serized, or threatened with seizure, in the proceed-
ings or of contesting the jurisdiction of that court; or




(ii) if the judgment debtor was plaintifr in, or counterclaimed
in, the proceedings in the original court; or

(iii) if the judgment debtor, being a defendant in the original
court, had before the commencement of the proceedings
agreed, in respect of the subject matter of the proceedings, to
submit to.the jurisdiction of that court or of the courts of the
country of that court; or

(iv) if the judgment debtor, being a defendant in the original
court, was at the time when the proceedings were instituted
resident in, or being a body corporate had its principal place of
business in, the country of that court; or

(v) if the judgment debtor, being a defendant in the original
court, had an office or place of business in the country of that
court and the proceedings in that court were in respect of a
transaction effected through or at that office or place;

(b)in the case of a judgment given in an action of which the
subject matter was immovable property or in an action in rem
of which the subject matter was movable property, if the
property in question was at the time of the proceedings in the
original court situate in the country of that court;

(c)in the case of a judgment given in an action other than any
such action as is mentioned in paragraph (a) or (b), if the
jurisdiction of the original court is recognized by the law of
the registering court.

(3) Notwithstanding anything contained in subsection (2), the
courts of the country of the original court shall not be deemed to have
had jurisdiction

(a)if the subject matter of the proceedings was immovable
property outside the country of the original court; or

(b)except in the cases mentioned in paragraph (a) (i), (ii)

and (iii) or in subsection (2)(c), if the bringing of the pr
proceedings in the original court was contrary to an agreement
under which the dispute in question was to be settled otherwise
than by proceedings in the courts of the country of that court ; or

(c)if the judgment debtor, being a defendant in the original
proceedings, was a person who under the rules of public
international law was entitled to immunity from the jurisdiction
of the courts of the country of the original court
and did not submit to the jurisdiction of that court.

7. (1) If, on an application to set aside the registration of a
judgment, the applicant satisfies the registering court either that an
appeal is pending, or that he is entitled and intends to appeal, against
the judgment, the court, if it thinks fit, may, on such terms as it may

think just, either set aside the registration or adjourn the





application to set aside the registration until after the expiration of
such period as appears to the court to be reasonably sufficient to
enable the applicant to take the necessary steps to have the appeal
disposed of by the competent tribunal.

(2) Where the registration of a judgment is set aside under
subsection (1), or solely for the reason that the judgment was not at
the date of the application for registration enforceable by execution
in the country of the original court, the setting aside of the
registration shall not prejudice a further application to register the
judgment when the appeal has been disposed of or if and when the
judgment becomes enforceable by execution in that country, as the
case may be.

(3) Where the registration of a judgment is set aside solely for
the reason that the judgment, notwithstanding that it had at the date
of the application for registration been partly satisfied, was regis-
tered for the whole sum payable thereunder, the registering court
shall, on the application of the judgment creditor, order judgment to
be registered for the balance remaining payable at that date.

8. No proceedings for the recovery of a sum payable under a
foreign judgment, being a judgment to which the provisions of this
Ordinance apply, other than proceedings by way of registration of
the judgment, shall be entertained in any court in the Colony.

9. (1) The Governor in Council may by order direct that the
provisions of this Ordinance shall apply to any part of the Com-
monwealth and to judgments obtained in the superior courts of such
part, as they apply to foreign countries and judgments obtained in
the superior courts of foreign countries; and upon the making of any
such order the provisions of the Judgments (Facilities for Enforce-
ment) Ordinance shall cease to have effect except in relation to such
part of the Commonwealth to which it extends at the date of the
order.

(2) If at any time after the Governor in Council has directed as
aforesaid an order is made under section 3 extending the provisions
of this Ordinance to any part of the Commonwealth to which the
Judgments (Facilities for Enforcement) Ordinance extends, then in
relation to such part-

(a) the last mentioned Ordinance shall cease to have effect;

(b) the provisions of this Ordinance shall have effect as if-

(i) the expression 'judgment' included an award in
proceedings on an arbitration if the awards has, in pursu-
ance of the law in force in the place where it was made,
become enforceable in the same manner as a judgment
given by a court in that place;





(ii) the fact that a judgment was given before the
coming into operation of the order did not prevent such
judgment from being a judgment to which the provisions
of this Ordinance apply, but the time limited for the
registration of a judgment so given was 12 months from
the date of the judgment or such longer period as may be
allowed by the High Court; and
(iii) any judgment registered in the High Court under
the provisions of the Judgments (Facilities for Enforce-
ment) Ordinance before the coming into operation of the
order had been registered in that court under the provi-
sions of this Ordinance and anything done in relation
thereto under the provisions of the Judgments (Facilities
for Enforcement) Ordinance or any rules of court or other
provisions applicable thereto had been done under the
provisions of this Ordinance or the corresponding rules of
court or other provisions applicable thereto.
(Replaced, 13 of 1964, s. 3)

10. (1) Subject to the provisions of this section, a judgment to
which the provisions of this Ordinance apply or would have applied
if a sum of money had been payable thereunder, whether it can be
registered or not, and whether, if it can be registered, it is registered
or not, shall be recognized in any court in the Colony as conclusive
between the parties thereto in all proceedings founded on the same
cause of action and may be relied on by way of defence or
counter-claim in any such proceedings.

(2) This section shall not apply in the case of any judgment-

(a)where a judgment has been registered and the registration
thereof has been set aside on some ground other than-
(i) that a sum of money was not payable under the
judgment; or
(ii) that the judgment had been wholly or partly
satisfied; or
(iii) that at the date of the application the judgment
could not be enforced by execution in the country of the
original court; or

(b)where the judgment has not been registered, it is shown
(whether it could have been registered or not) that if it had
been registered the registration thereof would have been
set aside on an application for that purpose on some
ground other than one of the grounds specified in para-
graph (a).

(3) Nothing in this section shall be taken to prevent any court
in the Colony recognizing any judgment as conclusive of any matter
of law or fact decided therein if that judgment would have been so
recognized before the commencement of this Ordinance.





11. (1) If it appears to the Governor in Council that the treatment in
respect of recognition and enforcement accorded by the courts of any
foreign country to judgments given in the superior courts of the Colony
is substantially less favourable than that accorded by the courts of the
Colony to judgments of the superior courts of that country, the
Governor in Council may by order apply this section to that country.

(2) Except in so far as the Governor in Council may by order under
this section otherwise direct, no proceedings shall be entertained in any
court in the Colony for the recovery of any sum alleged to be payable
under a judgment given in a court of a country to which this section
applies.

(3) The Governor in Council may by a subsequent order vary or
revoke any order previously made under this section.

12. Where a judgment under which a sum of money is payable, not
being a sum payable in respect of taxes or other charges of a like nature
or in respect of a fine or other penalty, has been entered in the High
Court against any person and the judgment creditor is desirous of
enforcing the judgment in a foreign country to which the provisions of
this Ordinance apply, the court shall, on an application made by the
judgment creditor and on payment of such fee as may be fixed for the
purposes of this section by rules of court made under the Supreme Court
Ordinance as modified by section 5 of this Ordinance issue to the
judgment creditor a certified copy of the judgment, together with a
certificate containing such particulars with respect to the action,
including the cause~, of action, and the rate of interest, if any, payable
on the sum payable under the judgment, as may be prescribed:
(Amended, 92 of 1975, s. 58)

Provided that, where execution of a judgment is stayed for any
period pending an appeal or for any other reason, an application shall
not be made under this section with respect to the judgment until the
expiration of that period.

13. Notwithstanding the amendment of section 4(3) by section 2 of
the Foreign Judgments (Reciprocal Enforcement) (Amendment)
Ordinance 1981 (hereinafter called the 'amending Ordinance'), the
provisions of section 4(3) immediately prior to the date of
'commencement* of the amending Ordinance shall continue to apply in
relation to judgments registered before such date.

(8 of 1981, s. 3, incorporated)
Originally 13 of 1960. 7 of 1961. 13 of 1964. 92 of 1975. 8 of 1981. Short title. Interpretation. [cf. 1933 c. 13, s. 11.] (1933 c. 13.) (Cap 4.) Power to extend the provisions of the Ordinance to countries giving reciprocal treatment. [cf. 1933 c. 13, s. 1.] Application for, and effect of, registration of foreign judgments. [cf. 1933 c. 13, s. 2.] Rules of Court. [cf. 1933 c. 13, s.] (Cap. 4.) Cases in which registered judgments must, or may be set aside. [cf. 1933 c. 13, s. 4.] Powers of registering courts on application to set aside registrations. [cf. 1933 c. 13, s. 5.] Foreign judgments which can be registered not to be enforceable otherwise. [cf. 1933 c. 13, s. 6.] Application to the Commonwealth. (Cap. 9.) (Cap. 9.) (Cap. 9.) (Cap. 9.) General effect of certain foreign judgments. [cf. 1933 c. 13, s. 8.] Power to make foreign judgments unenforceable in the Colony, if no reciprocity. [cf. 1933 c. 13, s. 9.] Issue of certificates of judgments obtained in the Colony. [cf. 1933 c. 13, s. 10.] (Cap 4.) Transitional. (8 of 1981.) [*23.1.1981.]

Abstract

Originally 13 of 1960. 7 of 1961. 13 of 1964. 92 of 1975. 8 of 1981. Short title. Interpretation. [cf. 1933 c. 13, s. 11.] (1933 c. 13.) (Cap 4.) Power to extend the provisions of the Ordinance to countries giving reciprocal treatment. [cf. 1933 c. 13, s. 1.] Application for, and effect of, registration of foreign judgments. [cf. 1933 c. 13, s. 2.] Rules of Court. [cf. 1933 c. 13, s.] (Cap. 4.) Cases in which registered judgments must, or may be set aside. [cf. 1933 c. 13, s. 4.] Powers of registering courts on application to set aside registrations. [cf. 1933 c. 13, s. 5.] Foreign judgments which can be registered not to be enforceable otherwise. [cf. 1933 c. 13, s. 6.] Application to the Commonwealth. (Cap. 9.) (Cap. 9.) (Cap. 9.) (Cap. 9.) General effect of certain foreign judgments. [cf. 1933 c. 13, s. 8.] Power to make foreign judgments unenforceable in the Colony, if no reciprocity. [cf. 1933 c. 13, s. 9.] Issue of certificates of judgments obtained in the Colony. [cf. 1933 c. 13, s. 10.] (Cap 4.) Transitional. (8 of 1981.) [*23.1.1981.]

Identifier

https://oelawhk.lib.hku.hk/items/show/3229

Edition

1964

Volume

v20

Subsequent Cap No.

319

Number of Pages

11
]]>
Tue, 23 Aug 2011 18:32:12 +0800
<![CDATA[PLACES FOR LODGING EXPORT DECLARATIONS NOTICE]]> https://oelawhk.lib.hku.hk/items/show/3228

Title

PLACES FOR LODGING EXPORT DECLARATIONS NOTICE

Description






PLACES FOR LODGING EXPORT DECLARATIONS
NOTICE

(Cap. 318, section 23(2))

[1 November 1987.]

1. This notice may be cited as the Places for Lodging Export
Declarations Notice.

2. Export declarations required under section 23(1) of the
Ordinance may be lodged

(a) in person, at either of the following offices

(i)Customs and Excise Department, Collection Office
(Kowloon), Star House, 2nd Floor, 3 Salisbury Road,
Tsim Sha Tsui, Kowloon.

(ii)Customs and Excise Department, Collection Office (Hong
Kong), Harbour Building, 2nd Floor, 38 Pier Road,
Central, Hong Kong.

(b) by sending by pre-paid post to

Customs and Excise Department, Harbour Building, 8th Floor,
38 Pier Road, Central, Hong Kong.
G.N. 4047/87. Citation. Places for lodging declarations.

Abstract

G.N. 4047/87. Citation. Places for lodging declarations.

Identifier

https://oelawhk.lib.hku.hk/items/show/3228

Edition

1964

Volume

v20

Subsequent Cap No.

318

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:12 +0800
<![CDATA[RESOLUTION OF THE LEGISLATIVE COUNCIL]]> https://oelawhk.lib.hku.hk/items/show/3227

Title

RESOLUTION OF THE LEGISLATIVE COUNCIL

Description






RESOLUTION OF THE LEGISLATIVE COUNCIL

Resolution made and passed by the Legislative Council under
section 22 of the Industrial Training (Clothing Industry) ordinance on
the 1 1th February 1976.

RESOLVED that the rate of levy under the Industrial Training
(Clothing Industry) Ordinance be 30 cents for every $ 1,000, or
part thereof, of the F.O.B. value of the clothing items exported.
L.N. 46/76.

Abstract

L.N. 46/76.

Identifier

https://oelawhk.lib.hku.hk/items/show/3227

Edition

1964

Volume

v20

Subsequent Cap No.

318

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:11 +0800
<![CDATA[INDUSTRIAL TRAINING (CLOTHING INDUSTRY) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3226

Title

INDUSTRIAL TRAINING (CLOTHING INDUSTRY) ORDINANCE

Description






LAWS OF HONG KONG

INDUSTRIAL TRAINING (CLOTHING INDUSTRY)

ORDINANCE

CHAPTER 318





CHAPTER 318

INDUSTRIAL TRAINING (CLOTHING INDUSTRY) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1..........Short title ........................ ... ... ... ... ... ... ... ... ... 3
2..........Interpretation...................... ... ... ... ... ... ... ... ... ... 3
3..........Application ........................ ... ... ... ... ... ... ... ... ... 4

PART II

CLOTHING INDUSTRY TRAINING AUTHORITY

4. Establishment of Clothing Industry Training Authority ... ... ... ... ... 4

5. Functions of the Authority ................. ... ... ... ... ... ... ... 5
6. General powers of the Authority ............ ... ... ... ... ... ... ... ...
5
7. Constitution of the Authority .............. ... ... ... ... ... ... ... 5
8. Chairman of the Authority .................. ... ... ... ... ... ... ... 6

9. Meetings and proceedings of the Authority ... ... ... ... ... ... ... 7
10. Transaction of business by circulation of papers ... ... ... ... ... ... 7

11. Committees ................................. ... ... ... ... ... ... ... 7

12. Appointment of employees and conditions of employment ... ... ... ... 7

13. Staff benefits ............................. ... ... ... ... ... ... ... ... 8

PART III

FINANCIAL PROVISIONS

14.....................Funds and property of the Authority ... ... ... ... ... ... ... ... ... 8

15. Estimates and financial year ... ... ... ... ... ... ... ... ... ... ... 8

16.........Bank account ....................... ... ... ... ... ... ... ... ... ... 9

17..............Investment of funds ........... ... ... ... ... ... ... ... ... ... ... 9

18.........Accounts ........................... ... ... ... ... ... ... ... ... 9

19.......Auditors ................... ... ... ... ... ... ... ... ... ... ... ... 9

20..................................Statements and reports to be laid on table of Legislative Council ... ... ... 9

PART IV

LEVY

21.........................Imposition of clothing industry training levy ... ... ... ... ... ... ... 9

22.........Rate of levy ....................... ... ... ... ... ... ... ... ... ... 10
23. Exporters of clothing items to make export declarations and pay levy 10

24. Commissioner may require particulars in declarations to be verified ... ... ... 10






25. Power of Commissioner to impose levy and surcharge ... ... ... ... ... ... 11
26. Recovery of levy ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
27. Commissioner to surrender levy and surcharge to Authority ... ... ... ... ... 12





Section Page
PART V

OBJECTIONS AND APPEALS

28. Objections ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
29. Appeals ... . ... ... ... ... ... ... ... ... ... ... ... 12

PART VI

MISCELLANEOUS

30. Furnishing of information and production of documents ... ... ... ... ... 13
31. Evidence by certificate ... ... ... ... ... ... ... ... ... ... ... ... ... 14
32. Authentication, and production in evidence of documents ... ... ... ... ... 14
33. Offences ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14
34. Commissioner may specify forms ... ... ... ... ... ... ... ... ... ... 15
35. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15
36. Amendment of Schedule ... ... ... ... ... ... ... ... ... ... ... ... 15

Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15





CHAPTER 318

INDUSTRIAL TRAINING (CLOTHING INDUSTRY)

To establish the Clothing Industry Training Authority; to provide for
facilities for the training of persons employed in the clothing
industry andfor a levy to be paid by exporters of clothing items.

(5 September 1975.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Industrial Training (Clothing
Industry) Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'A.T.A. Carnet' means a document

(a)in the form set out in the annex to the Customs Convention on
the A.T.A. Carnet for the temporary admission of goods
(otherwise known as the A.T.A. Convention) agreed at
Brussels on 6th December 1961; or

(b)in such other form as may from time to time be provided by
any amendment to the A.T.A. Convention, so long as the
United Kingdom adheres to it;

'Authority' means the Clothing Industry Training Authority
established by section 4,

'authorized officer' means an authorized officer under the Imports and
Exports Ordinance;

'chairman' means the chairman of the Authority appointed under
section 8;

'clothing industry' means the industry of manufacturing and marketing
clothing items;

'clothing item' means any item of apparel which is specified in the
Schedule and manufactured in Hong Kong;

'Commissioner' means the Commissioner of Customs and Excise and
any Deputy or Assistant Commissioner of Customs and Excise;
(Replaced, L.N. 294182)

'export' means to take, or cause to be taken, out of Hong Kong any
clothing item;

'exporter' means a person who exports clothing items;

'F.O.B. value-'means value comprising the cost of clothing items to a
buyer abroad until the clothing items have been loaded onto the
exporting ship, vehicle or aircraft;





'financial year' means the period fixed by the Authority under section
15(2);

Ievy' means the clothing industry training levy prescribed under
section 22;

'manufactured', in relation to a clothing item, includes any process
involved in the manufacture of the item;





(2) The Authority shall have a common seal, the affixing of
which shall be authenticated by the signature of any 2 members.

(3) Any document purporting to be a document duly executed
under the seal of the Authority shall be received in evidence and
shall, unless the contrary is provided, be deemed to be a document
so executed.

5. The Authority shall have the following functions-

(a) to provide training courses for the clothing industry;

(b)to establish and maintain industrial training centres there-
for;

(c)to assist in the placement of persons completing training
courses;

(d) to make recommendations with respect to the rate of levy.

6. (1) The Authority may do all such things as are necessary
for, or incidental or conducive to, the better carrying out of the
functions of the Authority and may in particular, but without
prejudice to the generality of the foregoing-

(a)hold, acquire or lease all kinds of property, whether
movable or immovable;

(b)subject to subsection (2), sell or otherwise dispose of all
kinds of property whether movable or immovable;

(c)enter into, assign or accept the assignment of, and vary or
rescind any contract or obligation;

(d)subject to subsection (3), meet expenditure on any item
shown in the approved estimates of expenditure of the
Authority, borrow or otherwise raise money on such
security as may be necessary, and for that purpose, charge
all or any of the property of the Authority;

(e)make charges for the use of any facility or service provided
by the Authority.

(2) The Authority shall not sell or otherwise dispose of land
granted at nil premium by the Government except with the prior
approval of the Governor.

(3) Except with the prior approval of the Financial Secretary,
no sum shall be borrowed or otherwise raised under subsection
(1)(d) which itself, or together with all other sums previously bor-
rowed or otherwise raised under that subsection and still outstand-
ing, exceeds, or in the aggregate exceeds, 10 per cent of the approved
total estimated expenditure for the current financial year.

7. (1) The Authority shall consist of 16 members appointed
by the Governor of whom-





(a)2 shall be persons nominated by the Federation of Hong
Kong Garment Manufacturers;

(b)2 shall be persons nominated by the Hong Kong Garment
Manufacturers' Association;

(c)2 shall be persons nominated by the Clothing Industry
Training Board of the Vocational Training Council; (Amended,
4 of 1984, s. 3)

(d)1 shall be a person nominated by the Federation of Hong
Kong Industries;

(e)1 shall be a person nominated by the Chinese Manufacturers'
Association of Hong Kong;

1 shall be a person nominated by the Hong Kong Woollen
and Synthetic Knitting Manufacturers' Association;

(g)1 shall be a person nominated by the Hong Kong Exporters'
Association;

(h)1 shall be a person nominated by the Hong Kong General
Chamber of Commerce;

(i)1 shall be a person who holds office as an official of a trade
union which is registered in Hong Kong and connected with
the clothing industry;

(j) 3 shall be public officers; and

(k)1 shall be a person, not being a public officer or person
connected with any of the organizations mentioned in
paragraphs (a) to (i).

(2) A member who is not a public officer appointed under
subsection (1)(j) shall, unless his appointment is terminated or
otherwise ceases, hold office for such period as the Governor may
specify.

(3) On the expiration of his period of appointment or
reappointment, as the case may be, any such member shall be eligible
for reappointment for such further term as the Governor may specify.

(4) Any such member may at any time resign from office by giving
notice in writing to the Governor, and he shall cease to be a member
from the date specified in the notice or, if no date is specified, from the
date of the receipt by the Governor of the notice.

(5) If any member other than the chairman is absent from Hong
Kong or is for any other reason unable to exercise the powers or
perform the duties of his office as member, the Governor may appoint
another person to be a temporary member in his place during his
absence or incapacity.

8. (1) The Governor shall appoint a member to be chairman of the
Authority.

(2) If the chairman is absent from Hong Kong or is for any other
reason unable to act as chairman, the Governor may appoint





another member to be chairman in his place during his absence or
incapacity.

9. (1) Meetings of the Authority shall be held at such times
and places as the chairman any appoint.

(2) A quorum shall be 8 members.

(3) At any meeting of the Authority the chairman shall preside.

(4) If the chairman is absent from any meeting of the Author-
ity, the members present at the meeting may elect one of their
number to act as chairman in his place.

(5) The chairman or the member acting in his place shall have
a deliberative vote on all matters coming before the Authority and in
the case of an equality of votes he shall also have a casting vote.

(6) If a member has a pecuniary interest, whether direct or
indirect, in any contract or proposed contract or in any other
matter, and is present at a meeting of the Authority at which the
contract or other matter is the subject of consideration, he shall, as
soon as practicable after the commencement of the meeting, disclose
to the Authority the fact and nature of his interest.

(7) Such member shall, if so required by the meeting, withdraw
from the meeting while the Authority is considering the contract or
matter and in any case shall not vote thereon.

(8) Subject to this Ordinance, the Authority may determine its
own procedure at meetings.

10. The Authority may transact any of its business by the
circulation of papers, and a resolution in writing which is approved
in writing by a majority of the members shall be as valid and
effectual as if it had been passed at a meeting of the Authority by the
votes of the members so approving the resolution.

11. (1) The Authority may appoint committees for the better
discharge of its functions under this Ordinance.

(2) The Authority may in writing delegate to any committee
appointed under subsection (1) any of its powers and functions:

Provided that no delegation made under this subsection shall
preclude the Authority from exercising or performing at any time
any power or function so delegated.

(3) Each committee may determine its own procedure at
meetings.

12. The Authority may appoint such employees as it thinks fit
and determine all matters relating to their remuneration and terms
and conditions of appointment or employment.





13. (1) The Authority may-

(a)grant, or make provision for the grant of, pensions, gratuities
and retirement benefits to its employees;

(b)provide other benefits for the welfare of its employees and
their dependants;

(c)make payments, whether ex gratia or legally due, to the
personal representative of a deceased employee or to any
person who was dependent on such employee at his death.

(2) The Authority may establish, manage and control or enter into
an arrangement with any company or association for the establishment,
management and control by such company or association either alone
or jointly with the Authority of any fund or scheme for the purpose of
providing for the pensions, gratuities, benefits and payments referred to
in subsection (1).

(3) The Authority may make contributions to any fund or scheme
referred to in subsection (1) and may require its employees to make
contributions thereto.

(4) In this section 'employees' includes any class of employee
which the Authority may specify and in subsection (1) includes former
employees.

PART 111

FINANCIAL PROVISIONS

14. The funds and property of the Authority shall consist of-

(a)subject to section 27(2), all amounts of levy and surcharge
collected by the Commissioner; (Amended, L.N. 294182)

(b)any moneys received by the Authority by way of grants,
loans, donations, fees, rent or interest;

(c)all moneys derived from the sale of any property held by or on
behalf of the Authority; and

(d)all other moneys and property lawfully received by the
Authority for its purposes.

15. (1) In each financial year, before a date to be appointed by the
Governor, the Authority shall submit to the Governor a programme of its
proposed activities and estimates of its income and expenditure for the
next financial year:

Provided that the programme and estimates for the first financial
year of the Authority shall be forwarded as soon as is practicable after
the commencement of this Ordinance.

(2) The Authority may, from time to time, with the prior approval of
the Governor, fix a period to be the financial year of the Authority.





16. (1) The Authority shall open and maintain an account
with a bank approved by the Director of Accounting Services.
(Amended, L.N. 16177)

(2) The Authority shall pay all moneys received by it into the
account referred to in subsection (1).

17. All funds of the Authority that are not immediately
required may be-

(a)deposited on fixed deposit in any bank or savings bank
nominated by the Financial Secretary either generally or,
in any particular case, for that purpose; or

(b)subject to the prior approval of the Financial Secretary
invested in such investments as the Authority thinks fit.

18. (1) The Authority shall maintain proper accounts and
records of all income and expenditure.

(2) After the end of each financial year, the Authority shall
cause to be prepared statements of income and expenditure during
the previous financial year and of the assets and liabilities of the
Authority on the last day thereof.

19. (1) The Authority shall appoint auditors, who shall be
entitled at any time to have access to all books of account, vouchers
and other financial records of the Authority and to require such
information and explanations thereof as they may think fit.

(2) The auditors shall audit the statements prepared under
section 18(2) and shall report thereon to the Authority.

20. (1) The Authority shall, within 6 months after the end of
each financial year or such further time as the Governor may in any
particular year allow, submit to the Governor a report on the
activities of the Authority and copies of the statements prepared
under section 18(2) and the report made under section 19(2).

(2) The Governor shall cause the reports and statements
received by him under subsection (1) to be laid on the table of the
Legislative Council.

PART IV

LEVY

21. (1) A levy, to be known as the clothing industry training
levy, shall be imposed in accordance with this Ordinance on the
F.O.B. value of clothing items exported.

(2) A levy imposed under subsection (1) shall be payable by
the exporter of the clothing items.





22. (1) The Legislative Council may by resolution prescribe
the rate of levy.

(2) The rate of levy prescribed under subsection (1) shall be
based on the F.O.B. value of the clothing items exported.

(3) The rate of levy prescribed under subsection (1) shall come
into effect 30 days after the publication of the resolution in the
Gazette.

23. (1) Every exporter shall, within 14 days after the export of
clothing items, lodge with the Commissioner a declaration in the
form specified under section 34 stating the clothing items exported
by him, their F.O.B. value and such other particulars as may be
required in the form.
(2) A declaration under subsection (1) shall be lodged either in
person at such office or offices as the Commissioner shall, by notice
in the Gazette, designate for this purpose, or by sending it by post to
such address as the Commissioner shall, by notice in the Gazette,
designate for this purpose.

(3) The levy in respect of the F.O.B. value of the clothing items
stated in a declaration lodged under subsection (1) shall be paid in
cash or by cheque to the Commissioner at the time of lodging such
declaration and a receipt therefor shall be issued, and until such levy
is paid the declaration shall be deemed not to have been lodged with
the Commissioner.
(4) Any exporter who, without reasonable excuse, fails to
lodge a declaration under and in accordance with this section shall
be guilty of an offence and shall be liable on conviction to a fine of
$1,000.
(Amended, L.N. 294182)

24. (1) The Commissioner may at any time by notice in
writing, served personally or sent by post, require an exporter who
has lodged with him a declaration under section 23 to verify any
particulars stated in the declaration to his satisfaction, either by the
production of documentary evidence or by statutory declaration or
other means.
(2) Any person who, without reasonable excuse, fails to com-
ply with a notice under subsection (1) within 14 days after the notice
is served or sent, or within such further time as the Commissioner
may in any case allow, shall be guilty of an offence and shall be liable
on conviction to a fine of $5,000.
(3) Where a person is charged under subsection (2) with the
offence of failing to comply with a notice under subsection (1), the
court dealing with the charge may, whether or not it convicts him of
the offence, order him to comply with the notice within such period
as may be specified in the order.
(4) Without prejudice to the law relating to contempt of court,
any person, who, without reasonable excuse, fails to comply with an
order made under subsection (3) shall be guilty of an offence and





shall be liable on conviction to a fine of $5,000 and, commencing with
the day following the date of conviction for the offence, to a further fine
of $ 100 for every day during which the offence continues. (Amended,
L.N. 294182)

25. (1) If after a levy has been paid under section 23 on the F.O.B.
value of the clothing items stated in the declaration lodged under that
section, the Commissioner has reason to believe that the F.O.B. value of
the clothing items has been understated, he may assess the F.O.B. value
of the clothing items and calculate the amount of levy due in respect of
that value, and, by notice in writing served personally or sent by post,
require the exporter to pay the difference between the levy calculated
under this subsection and the levy paid within such period, being not
less than 7 days, as may be specified in the notice.

(2) Where the Commissioner has reason to believe that an exporter
has not lodged a declaration when required to do so by section 23, he
may assess the F.O.B. value of the clothing items and calculate the
amount of levy due in respect of that value and, by notice in writing
served personally or sent by post, require the exporter to pay the levy
so calculated within such period, being not less than 7 days, as may be
specified in the notice.

(3) Where the Commissioner has reason to believe that-

(a)an exporter has understated the F.O.B. value of the clothing
items in a declaration lodged under section 23; or

(b)an exporter has failed to lodge a declaration when required to
do so by section 23,

he may impose on the exporter a surcharge not exceeding 20 times the
difference which an exporter is required to pay under subsection (1) or,
as the case may be, the levy which an exporter is required to pay under
subsection (2), and the surcharge imposed under this subsection shall
be included in and payable in accordance with the notice served or sent
under subsection (1) or (2), as the case may be:

Provided that no surcharge imposed under this subsection shall
exceed $10,000. (Amended, 4 of 1984, s. 4)

(4) If, in making an assessment under subsection (1) or (2) the
actual F.O.B. value of the clothing items is not known to the
Commissioner and cannot reasonably be ascertained by him, he may
assess the F.O.B. value of the clothing items at such amount as in his
opinion represents the fair value for those clothing items.

(5) An exporter shall comply with a notice under subsection (1) or
(2) notwithstanding that he may wish to object to the levy or surcharge
imposed under this section.

(6) No levy under subsection (1) or (2) and no surcharge under
subsection (3) shall be imposed

(a) 2 years after the export of the clothing items; or





(b)1 year after evidence of facts, sufficient in the opinion of
the Commissioner to justify the imposition of the levy or
surcharge, comes to his knowledge,

whichever is the later.
(Amended, L.N. 294182)

26. (1) Any amount of levy or surcharge due shall be re-
coverable in the District Court as a debt due to the Commissioner.
(Amended, L.N. 294182)

(2) An action under subsection (1) may be brought notwith-
standing that the amount due exceeds $20,000.

27. (1) The Commissioner shall, subject to subsection (2),
surrender to the Authority all amounts of levy and surcharge
collected by him under this Ordinance.

(2) The Commissioner may deduct from the amounts of levy
and surcharge collected by him such proportion of the costs of
collection and enforcement as the Financial Secretary may approve.

(3) The amounts deducted under subsection (2) shall be paid
into the general revenue of Hong Kong.
(Amended, L.N. 294182)

PART V

OBJECTIONS AND APPEALS

28. (1) Any person who is required to pay a levy or surcharge
under section 23 or 25 may, by notice in writing served on the
Commissioner within 21 days after lodging a declaration under sec-
tion 23 or the receipt of the notice under section 25, as the case may
be, object to the levy or surcharge.

(2) A notice of objection under subsection (1) shall state
precisely the grounds of objection and shall be accompanied by all
written statements and other documentary evidence relied upon by
the objector in support of the objection.

(3) An objection under subsection (1) shall be considered by
the Commissioner, who may uphold, cancel or reduce the levy or
surcharge.

(4) The Commissioner shall notify the objector of the decision
under subsection (3) within 28 days after the receipt by the Commis-
sioner of the notice of objection under subsection (1) and, if a levy or
surcharge is cancelled or reduced, the amount of levy or surcharge
cancelled or reduced shall forthwith be repaid by the Commissioner
to the objector.
(Amended, L.N. 294182)

29. (1) An objector who is aggrieved with a decision notified
to him under section 28(4) may appeal to the District Court against
that decision.





(2) An appeal under subsection (1) shall be lodged within 30
days after the receipt of the notification under section 28(4) by the
objector.
(3) An appeal under this section shall not be beard unless the
appellant has paid the amount of the levy or surcharge which is the
subject-matter of the appeal.

(4) On hearing any appeal under this section the District
Court may-

(a) uphold, cancel or reduce the levy or surcharge;

(b)if it cancels or reduces a levy or surcharge, order the
repayment of the amount of levy or surcharge cancelled or
reduced, with interest from the date of payment to the
Commissioner at such rate as the court may determine or
without interest; and (Amended, L.N. 294182)

(c)make such order as it thinks fits as to the payment of the
costs of the hearing.

(5) The Chief Justice may make rules of court for the purposes
of this section.

PART VI

MISCELLANEOUS

30. (1) Every person who is concerned (whether as manufac-
turer or exporter, or in any other capacity) with the manufacture or
export of clothing items shall-

(a)provide the Commissioner, or an authorized officer, within
such time and in such form as the Commissioner or such
officer may specify, with such information relating to the
manufacture or export of clothing items, or the name and
address of the person for or by whom the clothing items
are manufactured or exported, as the Commissioner or
such officer may require;

(b)on being so required by the Commissioner or such officer
produce or cause to be produced any documents or records
in his possession relating to the manufacture or export of
clothing items for inspection by the Commissioner or such
officer and permit the Commissioner or such officer to take
copies or make extracts from them or to remove them from
his possession for a reasonable period. (Amended, L.N.
294182)

(2) Subject to subsection (3), no person shall disclose other-
wise than to the Commissioner, or to a public officer employed
by the Customs and Excise Department in his official capacity, any
information provided or obtained under subsection (1) (including
information obtained from documents or records) without the
consent of the person who provided it or from whom it was obtained.
(Amended, L.N. 294182)





(3) Subsection (2) does not apply-

(a)to the disclosure of information in the form of a summary
of similar information provided by or obtained from a
number of manufacturers or exporters of clothing items if
the summary is so framed as not to enable particulars
relating to the business of any particular manufacturer or
exporter to be ascertained from it; or

(b)to any disclosure of information made for the purpose of
any legal proceedings brought under this Ordinance, or for
the purposes of any report of such proceedings.

(4) Any person who, without reasonable excuse, fails to com-
ply with a requirement under subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $1,000.

(5) Any person who intentionally discloses any information in
contravention of subsection (2) shall be guilty of an offence and shall
be liable on conviction to a fine of $2,000.

31. A certificate purporting to be signed by the Commissioner
or an authorized officer- (Amended, L.N. 294182)

(a)that any declaration required to be lodged under section 23
has or has not been lodged or has or has not been lodged at
any date;

(b)that any notice required by or under this Ordinance has or
has not been given or has or has not been given at any date;
or

(c)that any amount of levy or surcharge due under this
Ordinance has not been paid,

shall be sufficient evidence of that fact until the contrary is proved.

32. (1) Any notice or other document given or issued by the
Authority may be signed by an officer of the Authority, authorized
by the Authority for the purposes of this subsection.

(2) Any document purporting to be a notice or other docu-
ment given or issued by the Authority and purporting to be signed
by an officer of the Authority authorized under subsection (1) shall
be received in evidence and shall until the contrary is proved be
deemed to be such a notice or other document.

33. (1) Any person who is knowingly concerned in, or in the
taking of steps with a view to, the fraudulent evasion of the payment
of a levy, whether due from him or from any other person, shall be
guilty of an offence and shall be liable on conviction to a fine of
$10,000 or 20 times the amount of levy that was or was intended to
be evaded by his conduct, whichever is the greater.

(2) Any person who-





(a)knowingly lodges, produces, supplies or sends for the
purposes of this Ordinance or otherwise makes use for those
purposes of any declaration or other document, or record,
which is false in a material particular; or

(b)in providing any information for the purposes of this
Ordinance, makes any statement which he knows to be false in
a material particular or recklessly makes a statement which is
false in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 or 20 times the amount of any levy that was or was intended to
be evaded by his conduct, whichever is the greater. (Amended, 4 of
1984, s. 5)

34. The Commissioner may specify the form of declaration under
section 23 and any other forms necessary for the purposes of this
Ordinance.

(Amended, L.N. 294182)

35. The Governor in Council may by regulation provide for-

(a)records to be kept by manufacturers and exporters of clothing
items;

(b)information to be supplied by manufacturers and exporters of
clothing items;

(c) any matter which is to be or may be prescribed;

(d)generally for the better carrying out of the provisions and
purposes of this Ordinance.

36. The Governor in Council may, by order published in the
Gazette, amend the Schedule.

SCHEDULE [s. 2.]

CLOTHING ITEMS

Item No. Item

1 Overcoats and coats, men's, not knitted or crocheted, of wool.

2 Overcoats and coats, boys', not knitted or crocheted, of wool.

3 Overcoats and coats, men's, not knitted or crocheted, of cotton.

4 Overcoats and coats, boys', not knitted or crocheted, of cotton.

5 Overcoats and coats, men's, not knitted or crocheted, of man-made
fibres.

6 Overcoats and coats, boys', not knitted or crocheted, of man-made

fibres.
7 Overcoats and coats, men's, not knitted or croheted, of textile materials
other than wool, cotton and man-made fibres.
8 Overcoats and coats, boys', not knitted or crocheted, of textile materials
other than wool, cotton and man-made fibres.

9 Suits, men's, not knitted or crocheted, of wool.

10 Suits, boys', not knitted or crocheted, of wool.

11 Suits, men's, not knitted or crocheted, of cotton.





Item No. Item
12 Suits, boys', not knitted or crocheted, of cotton.
13 Suits, men's, not knitted or crocheted, of man-made fibres.
14 Suits, boys', not knitted or crocheted, of man-made fibres.
15 Suits, men's, not knitted or crocheted, of silk.
16 Suits, men's, not knitted or crocheted, of textile materials other than
wool, cotton, man-made fibres and silk.
17 Suits, boys', not knitted or crocheted, of textile materials other than
wool, cotton and man-made fibres.
18 Slacks, shorts, jeans and trousers, men's, not knitted or crocheted, of
wool.
19 Slacks, shorts, jeans and trousers, boys', not knitted or crocheted, of
wool.
20 Slacks, shorts, jeans and trousers, men's, not knitted or crocheted, of
cotton.
21 Slacks, shorts, jeans and trousers, boys', not knitted or crocheted, of
cotton.
22 Slacks, shorts, jeans and trousers, men's, not knitted or crocheted, of
man-made fibres.
23 Slacks, shorts, jeans and trousers, boys', not knitted or crocheted, of
man-made fibres.
24 Slacks, shorts, jeans and trousers, men's, not knitted or crocheted, of
silk.
25 Slacks, shorts, jeans and trousers, men's, not knitted or crocheted, of
textile materials other than wool, cotton, man-made fibres and silk.
26 Slacks, shorts, jeans and trousers, boys', not knitted or crocheted, of
textile materials other than wool, cotton and man-made fibres.
27 Jackets, blazers and uniforms, men's, not knitted or crocheted, of wool.
28 Jackets, blazers and uniforms, boys', not knitted or crocheted, of wool.
29 Jackets, blazers and uniforms, men's, not knitted or crocheted, of cotton.
30 Jackets, blazers and uniforms, boys', not knitted or crocheted, of cotton.
31 Jackets, blazers and uniforms, men's, not knitted or crocheted, of
man-made fibres.
32 Jackets, blazers and uniforms, boys', not knitted or crocheted, of
man-made fibres.
33 Jackets, blazers and uniforms, men's, not knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
34 Jackets, blazers and uniforms, boys', not knitted or crocheted, of texile
materials other than wool, cotton and man-made fibres.
35 Outer garments, men's, of rubberized fabrics.
36 Outer garments, boys', of rubberized fabrics.
37 Outer garments, men's, of plastic coated fabrics.
38 Outer garments, boys', of plastic coated fabrics.
39 Outer garments, men's, of other coated (except gum coated) fabrics.
40 Outer garments, boys', of other coated (except gum coated) fabrics.
41 Overalls and pinafores, men's, not knitted or crocheted, of wool.
42 Overalls and pinafores, boys', not knitted or crocheted, of wool.
43 Raincoats, men's, of wool, not rubberized.
44 Raincoats, boys', of wool, not rubberized.
45 Car coats, men's, not knitted or crocheted, of wool.
46 Car coats, boys', not knitted or crocheted, of wool.
47 Swimming suits and trunks, men's, not knitted or crocheted, of wool.

48 Swimming suits and trunks, boys', not knitted or crocheted, of wool.





Item No. Item

49 Outer garments, men's, not knitted or crocheted, of wool, not elsewhere
specified.
50 Outer garments, boys', not knitted or crocheted, of wool, not elsewhere
specified.
51 Overalls and pinafores, men's, not knitted or crocheted, of cotton.
52 Overalls and pinafores, boys', not knitted or crocheted, of cotton.
53 Raincoats, men's, of cotton, not rubberized.
54 Raincoats, boys', of cotton, not rubberized.
55 Car coats, men's, not knitted or crocheted, of cotton.
56 Car coats, boys', not knitted or crocheted, of cotton.
57 Swimming suits and trunks, men's, not knitted or crocheted, of cotton.
58 Swimming suits and trunks, boys', not knitted or crocheted, of cotton.
59 Outer garments, men's, not knitted or crocheted, of cotton, not elsewhere
specified.
60 Outer garments, boys', not knitted or crocheted, of cotton. not elsewhere
specified.
61 Overalls and pinafores, men's, not knitted or crocheted, of man-made
fibres.
62 Overalls and pinafores, boys', not knitted or crocheted, of man-made
fibres.
63 Raincoats, men's, of man-made fibres, not rubberized.
64 Raincoats, boys', of man-made fibres. not rubberized.
65 Car coats, men's, not knitted or crocheted, of man-made fibres.
66 Car coats, boys', knitted or crocheted. of man-made fibres.
67 Swimming suits and trunks, men's, not knitted or crocheted, or man-
made fibres.
68 Swimming suits and trunks, boys', not knitted or crocheted, of man-
made fibres.
69 Outer garments, men's, not knitted or crocheted, of man-made fibres, not
elsewhere specified.
70 Outer garments, boys', not knitted or crocheted, of man-made fibres, not
elsewhere specified.
71 Outer garments, men's, not knitted or crocheted. of silk. not elsewhere
specified.
72 Overalls and pinafores, men's, not knitted or crocheted, of textile materi-
als other than wool, cotton and man-made fibres.
73 Overalls and pinafores, boys', not knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
74 Raincoats, men's, of textile materials other than wool, cotton, man-made
fibres and plastic, not rubberized.
75 Raincoats, boys', of textile materials other than wool, cotton. man-made
fibres and plastic, not rubberized.
76 Car coats, men's, not knitted or crocheted, of textile materials other than
wool, cotton and man-made fibres.
77 Car coats, boys', not knitted or crocheted, of textile materials other than
wool, cotton and man-made fibres.
78 Swimming suits and trunks, men's, not knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
79 Swimming suits and trunks, boys', not knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
80 Outer garments, men's, not knitted or crocheted, of textile materials
other than wool, cotton, man-made fibres and silk, not elsewhere
specified.





Item No. Item

81Outer garments, boys', not knitted or crocheted, of textile materials
other
than wool, cotton and man-made fibres, not elsewhere specified.
81AOuter garments, men's and boys', of bonded fibre fabric.
82Coats, cloaks, jackets and uniforms, women's, not knitted or crocheted,
of wool.
83Coats, cloaks, jackets and uniforms. girls', not knitted or crocheted, of
wool.
84Coats, cloaks, jackets and uniforms, women's, not knitted or crocheted,
of cotton.
85Coats, cloaks, jackets and uniforms, girls', not knitted or crocheted, of
cotton.
86Coats, cloaks, jackets and uniforms, women's, not knitted or crocheted,
of man-made fibres.
87Coats, cloaks, jackets and uniforms, girls', not knitted or crocheted, of
man-made fibres.
88Coats, cloaks, jacketes and uniforms, women's, not knitted or crocheted,
of textile materials other than wool, cotton and man-made fibres.
89Coals, cloaks, jackets and uniforms, girls', not knitted or crocheted, of
textile materials other than wool, cotton and man-made fibres.
90Suits, women's, not knitted or crocheted, of wool.
91Suits, girls', not knitted or crocheted, of wool.
92Costumes, women^s, not knitted or crocheted, of wool.
93Costumes, girls', not knitted or crocheted. of wool.
94Suits, women's, not knitted or crocheted, of cotton.
95Suits, girls', not knitted or crocheted, of cotton.
96Costumes, women's, not knitted or crocheted, of cotton.
97Costumes, girls', not knitted or crocheted, of cotton.
98Suits, women's, not knitted or crocheted, of man-made fibres.
99Suits, girls', not knitted or crocheted, of man-made fibres.
100 Costumes, women's, not knitted or crocheted, of man-made fibres.
101 Costumes, girls'. not knitted or crocheted, of man-made fibres.
102 Suits, women's, not knitted or crocheted, of silk.
103 Suits, women's, not knitted or crocheted, of textile materials other than
wool, cotton, man-made fibres and silk.
104 Suits, girls', not knitted or crocheted, of textile, materials other than wool,
cotton and man-made fibres.
105 Costumes, women's, not knitted or crocheted, of textile materials other
than wool, cotton and man-made fibres.
106 Costumes, girls'. not knitted or crocheted, of textile materials other than
wool, cotton and man-made fibres.
107 Dresses. women's, not knitted or crocheted, of wool.
108 Dresses, girls', not knitted or crocheted, of wool.
109 Dresses, women's, not knitted or crocheted, of cotton.
110 Dresses, girls', not knitted or crocheted, of cotton.
ill Dresses, women's, not knitted or crocheted, of man-made fibres.
112 Dresses, girls', not knitted or crocheted, of man-made fibres.
113 Dresses, women's, not knitted or crocheted, of silk.
114 Dresses, women's, not knitted or crocheted, of textile materials other
than wool, cotton, man-made fibres and silk.
115 Dresses, girls', not knitted or crocheted, of textile materials other than
wool, cotton and man-made fibres.
116 Skirts, women's, not knitted or crocheted, of wool.





Item No. Item

117 Skirts, girls', not knitted or crocheted, of wool.
118 Skirts, women's not knitted or crocheted, of cotton.
119 Skirts, girls', not knitted or crocheted, of cotton.
120 Skirts, women's, not knitted or crocheted, of man-made fibres.
121 Skirts, girls', not knitted or crocheted, of man-made fibres.
122 Skirts, women's, not knitted or crocheted, of silk.
123 Skirts, women's, not knitted or crocheted, of textile materials other than
wool, cotton, man-made fibres and silk.
124 Skirts, girls', not knitted or crocheted, of textile materials other than
wool, cotton and man-made fibres.
125 Blouses, not knitted or crocheted, of cotton, not embroidered.
126 Blouses, not knitted or crocheted, of cotton, embroidered.
127 Blouses, not knitted or crocheted, of man-made fibres, not embroidered.
128 Blouses, not knitted or crocheted, of man-made fibres, embroidered.
129 Blouses, not knitted or crocheted, of wool, not embroidered.
130 Blouses, not knitted or crocheted, of wool, embroidered.
131 Blouses, not knitted or crocheted, of silk, not embroidered.
132 Blouses, not knitted or crocheted, of textile materials other than wool,
cotton, man-made fibres and silk, not embroidered.
133 Blouses, not knitted or crocheted, of silk, embroidered.
134 Blouses, not knitted or crocheted, of textile materials other than wool,
cotton, man-made fibres and silk, embroidered.
135 Outer garments, women's, of rubberized fabrics.
136 Outer garments, girls', of rubberized fabrics.
137 Outer garments, babies', of rubberized fabrics.
138 Outer garments, women's, of plastic coated fabrics.
139 Outer garments, girls', of plastic coated fabrics.
140 Outer garments, babies', of plastic coated fabrics.
141 Outer garments, women's, of other coated (except gum coated) fabrics.
142 Outer garments, girls', of other coated (except gum coated) fabrics.
143 Outer garments, babies', of other coated (except gum coated) fabrics.
144 Overalls and pinafores, women's, not knitted or crocheted, of wool.
145 Overalls and pinafores, girls', not knitted or crocheted, of wool.
146 Raincoats, women's, of wool, not rubberized.
147 Raincoats, girls', of wool, not rubberized.
148 Car coats, women's, not knitted or crocheted, of wool.
149 Car coats, girls', not knitted or crocheted, of wool.
150 Slacks, shorts, jeans and trousers, women's, not knitted or crocheted, of
wool.
151 Slacks, shorts, jeans and trousers, girls', not knitted or crocheted, of
wool.
152 Dresses, skirts and coats, babies', not knitted or crocheted, of wool, not
rubberized.
153 Swimming suits, women's, not knitted or crocheted, of wool.
154 Swimming suits, girls', not knittd or crocheted, of wool.
155 Outer garments (including rompers, sunsuits, overalls, car coats, slacks
and swimming suits), babies', riot knitted or crocheted, of wool, not
rubberized.





Item No. Item
156 Outer garments, women's, not knitted or crocheted, of wool, not
elsewhere specified.
157 Outer garments, girls', not knitted or crocheted, of wool, not elsewhere
specified.
158 Overalls and pinafores, women's, not knitted or crocheted, of cotton.
159 Overalls and pinafores, girls', not knitted or crocheted, of cotton.
160 Raincoats, women's, of cotton, not rubberized.
161 Raincoats, girls', of cotton, not rubberized.
162 Car coats, women's, not knitted or crocheted, of cotton.
163 Car coats, girls', not knitted or crocheted, of cotton.
164 Slacks, shorts, jeans and trousers, women's, not knitted or crocheted, of
cotton.
165 Slacks, shorts, jeans and trousers, girls', not knitted or crocheted, of
cotton.
166 Dresses, skirts and coats, babies', not knitted or crocheted, of cotton,
not rubberized.
167 Swimming suits, women's, not knitted or crocheted, of cotton.
168 Swimming suits, girls', not knitted or crocheted, of cotton.
169 Outer garments (including rompers, sunsuits, overalls, car coats, slacks
and swimming suits), babies', not knitted or crocheted, of cotton, not
rubberized.
170 Outer garments, women's, not knitted or crocheted, of cotton, not
elsewhere specified.
171 Outer garments, girls', not knitted or crocheted, of cotton, not elsewhere
specified.
172 Overalls and pinafores, women's, not knitted or crocheted, of man-made
fibres.
173 Overalls and pinafores, girls', not knitted or crocheted, of man-made
fibres.
174 Raincoats, women's, of man-made fibres, not rubberized.
175 Raincoats, girls', of man-made fibres, not rubberized.
176 Car coats, women's, not knitted or crocheted, of man-made fibres.
177 Car coats, girls', not knitted or crocheted, of man-made fibres.
178 Slacks, shorts, jeans and trousers, women's, not knitted or crocheted, of
man-made fibres.
179 Slacks, shorts, jeans and trousers, girls', not knitted or crocheted, of
man-made fibres.
180 Dresses, skirts and coats, babies', not knitted or crocheted, of man-made
fibres, not rubberized.
181 Swimming suits, women's, not knitted or crocheted, of man-made fibres.
182 Swimming suits, girls', not knitted or crocheted, of man-made fibres.
183 Outer garments (including rompers, sunsuits, ovraalls, car coats, slacks
and swimming suits), babies', not knitted or crocheted, of man-made
fibres, not rubberized.
184 Outer garments, women's, not knitted or crocheted, of man-made fibres,
not elsewhere specified.
185 Outer garments, girls', not knitted or crocheted, of man-made fibres, not
elsewhere specified.
186 Slacks, shorts, jeans and trousers, women's, not knitted or crocheted, of
silk.
187 Overalls and pinafores, women's, not knitted or crocheted, of textile

materialsotherthanwool,cottonandman-madefibres.





Item No. Item

188 Overalls and pinafores, girls', not knitted or crocheted, of textile materi-
als other than wool, cotton and man-made fibres.
189 Raincoats, women's, of textile materials other than wool, cotton, man-
made fibres and plastic, not rubberized.
190 Raincoats, girls', of textile materials other than wool, cotton, man-made
fibres and plastic, not rubberized.
191 Car coats, women's, not knitted or crocheted, of textile materials other
than wool, cotton and man-made fibres.
192 Car coats, girls', not knitted or crocheted, of textile materials other than
wool, cotton and man-made fibres.
193 Slacks, shorts, jeans and trousers, women's, not knitted or crocheted, of
textile materials other than wool, cotton, man-made fibres and silk.
194 Slacks, shorts, jeans and trousers, girls', not knitted or crocheted, of
textile materials other than wool, cotton and man-made fibres.
195 Outer garments, women's, not knitted or crocheted, of silk, not elsewhere
specified.
196 Dresses, skirts and coats, babies', not knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres, not rubberized.
197 Swimming suits, women's, not knitted or crocheted, of textile materials
other than wool, cotton and man-made fibres.
198 Swimming suits, girls', not knitted or crocheted, of textile materials other
than wool, cotton and man-made fibres.
199 Outer garments (including rompers, sunsuits, overalls, car coats, slacks
and swimming suits), babies', not knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres, not rubberized.
199A Outer garments, babies', of bonded fibre fabric.
200 Outer garments, women's, not knitted or crocheted, of textile materials
other than wool, cotton, man-made fibres and silk, not elsewhere
specified.
201 Outer garments, girls', not knitted or crocheted, of textile materials other
than wool, cotton and man-made fibres, not elsewhere specified.
201 A Outer garments, women's and girls', of bonded fibre fabric.
202 Shirts (other than dress shirts), not knitted or crocheted, of cotton.
203 Dress shirts, not knitted or crocheted, of cotton.
204 Shirts (other than dress shirts), not knitted or crocheted, of synthetic
fibres.
205 Dress shirts, not knitted or crocheted, of synthetic fibres.
206 Shirts (other than dress shirts), not knitted or crocheted, of wool.
207 Dress shirts, not knitted or crocheted, of wool.
208 Shirts (other than dress shirts), not knitted or crocheted, of textile
materials other than wool, cotton, man-made fibres and silk.
209 Dress shirts, not knitted or crocheted, of textile materials other than
wool, cotton, man-made fibres and silk.
210 Shirts (other than dress shirts), not knitted or crocheted, of regenerated
fibres.
211 Dress shirts, not knitted or crocheted, of regenerated fibres.
212 Shirts (other than dress shirts), not knitted or crocheted, of silk.
213 Dress shirts, not knitted or crocheted, of silk.
214 Under garments, men's, not knitted or crocheted, of cotton.
215 Under garments, boys', not knitted or crocheted, of cotton.
216 Night garments, men's, not knitted or crocheted, of cotton.
217 Night garments, boys', not knitted or crocheted, of cotton.
218 [Deleted, L.N. 143186]
219 Under garments, men's, not knitted or crocheted, of synthetic fibres.





Item No. Item

220 Under garments, boys', not knitted or crocheted, of synthetic fibres.
221 Night garments, men's, not knitted or crocheted, of synthetic fibres.
222 Night garments, boys', not knitted or crocheted, of synthetic fibres.
223 [Deleted, L.N. 143,1861
224 Night garments, men's, not knitted or crocheted, of wool.
225 Night garments, boys', not knitted or crocheted, of wool.
226 Under garments, men's, not knitted or crocheted, of textile materials
other than cotton and man-made fibres.
227 Under garments, boys', not knitted or crocheted, of textile materials
other than cotton and man-made fibres.
227A Under garments, men's and boys', of bonded fibre fabric.
228 Night garments, men's, not knitted or crocheted, of textile materials
other than cotton, wool and man-made fibres.
229 Night garments, boys', not knitted or crocheted, of textile materials other
than cotton, wool and man-made fibres.
230 [Deleted, L.N. 1431861
231 Under garments, men's, not knitted or crocheted, of regenerated fibres.
232 Under garments, boys', not knitted or crocheted, of regenerated fibres.
233 Night garments, men's, not knitted or crocheted, of regenerated fibres.
234 Night garments, boys', not knitted or crocheted, of regenerated fibres.
235 [Deleted, L.N. 1431861
236 Under garments, women's, not knitted or crocheted, of cotton.
237 Under garments, girls', not knitted or crocheted, of cotton.
238 Night garments, women's, not knitted or crocheted, of cotton.
239 Night garments, girls', not knitted or crocheted, of cotton.
240 Under garment and night garments, babies', not knitted or crocheted, of
cotton.
241 Under garments, women's, not knitted or crocheted, of synthetic fibres.
242 Under garments, girls', not knitted or crocheted, of synthetic fibres.
243 Night garments, women's, not knitted or crocheted, of synthetic fibres.
244 Night garments, girls', not knitted or crocheted, of synthetic fibres.
245 Under garments and night garments, babies', not knitted or crocheted,
of synthetic fibres.
246 Night garments, women's, not knitted or crocheted, of wool.
247 Night garments, girls', not knitted or crocheted, of wool.
248 Under garments, women's, not knitted or crocheted, of textile materials
other than cotton and man-made fibres.
249 Under garments, girls', not knitted or crocheted, of textile materials
other than cotton and man-made fibres.
249A Under garments, women's and girls', of bonded fibre fabric.
250 Night garments, women's. not knitted or crocheted, of textile materials
other than cotton, wool and man-made fibres.
251 Night garments, girls', not knitted or crocheted, of textile materials other
than cotton, wool and man-made fibres.
252 Under garments and night garments, babies', not knitted or crocheted,
of textile materials other than cotton and man-made fibres.
252A Under garments, babies', of bonded fibre fabric.
253 Under garments, women's, not knitted or crocheted, of regenerated
fibres.
254 Under garments, girls', not knitted or crocheted, of regenerated fibres.





Item No. Item

255 Night garments, women's, not knitted or crocheted, of regenerated
fibres.
256 Night garments, girls', not knitted or crocheted, of regenerated fibres.
257 Under garments and night garments, babies'. not knitted or crocheted,
of regenerated fibres.
258 Jackets, twinsets, sweaters, cardigans and pullovers, men's, knitted or
crocheted, of wool.
259 Jackets, twinsets, sweaters, cardigans and pullovers, boys', knitted or
crocheted, of wool.
260 Jackets, twinsets, sweaters, cardigans and pullovers. women's, knitted or
crocheted, of wool.
261 Jackets, twinsets, sweaters, cardigans and pullovers, girls', knitted or
crocheted, of wool.
262 Jackets, twinsets, sweaters, cardigans and pullovers, babies', knitted or
crocheted, of wool.
263 Jackets, twinsets, sweaters, cardigans and pullovers, men's, knitted or
crocheted, of cotton.
264 Jackets, twinsets, sweaters, cardigans and pullovers, boys', knitted or
crocheted, of cotton.
265 Jackets, twinsets, sweaters, cardigans and pullovers, women's, knitted or
crocheted, of cotton.
266 Jackets, twinsets, sweaters. cardigans and pullovers, girls', knitted or
crocheted, of cotton.
267 Jackets, twinsets, sweaters, cardigans and pullovers, babies', knitted or
crocheted, of cotton.
268 Jackets, twinsets, sweaters, cardigans and pullovers, men's, knitted or
crocheted, of synthetic fibres.
269 Jackets, twinsets, sweaters, cardigans and pullovers, boys', knitted or
crocheted, of synthetic fibres.
270 Jackets, twinsets, sweaters, cardigans and pullovers, women's, knitted or
crocheted, of synthetic fibres.
271 Jackets, twinsets, sweaters, cardigans and pullovers, girls', knitted or
crocheted, of synthetic fibres.
272 Jackets, twinsets, sweaters, cardigans and pullovers, babies'. knitted or
crocheted, of synthetic fibres.
273 Jackets, twinsets, sweaters, cardigans and pullovers, men's. knitted or
crocheted, of regenerated fibres.
274 Jackets, twinsets, sweaters, cardigans and pullovers, boys', knitted or
crocheted, of regenerated fibres.
275 Jackets, twinsets, sweaters, cardigans and pullovers, women's knitted or
crocheted, of regenerated fibres.
276 Jackets, twinsets, sweaters, cardigans and pullovers, girls', knitted or
crocheted, of regenerated fibres.
277 Jackets, twinsets, sweaters, cardigans and pullovers, babies', knitted or
crocheted, of regenerated fibres.
278 Jackets, twinsets, sweaters, cardigans and pullovers, men's, knitted or
crocheted, of textile materials other than wool, cotton, man-made fibres
and silk.
279 Jackets, twinsets, sweaters, cardigans and pullovers, boys', knitted or
crocheted, of textile materials other than wool, cotton and man-made
fibres.
280 Jackets, twinsets, sweaters, cardigans and pullovers, women's, knitted or
crocheted, of textile materials other than wool. cotton, man-made fibres
and silk.





Item No. Item

281 Jackets, twinsets, sweaters, cardigans and pullovers, girls', knitted or
crocheted. of textile materials other than wool, cotton and man-made
fibres.
282 Jackets, twinsets, sweaters, cardigans and pullovers, babies', knitted or
crocheted, of textile materials other than wool, cotton and man-made
fibres.
283 Jackets, twinsets, sweaters, cardigans and pullovers, men's, knitted or
crocheted, of silk.
284 Jackets, twinsets, sweaters, cardigans and pullovers, women's, knitted or
crocheted, of silk.
285 Dresses and skirts, women's. knitted or crocheted, of wool.
286 Dresses and skirts, girls', knitted or crocheted, of wool.
287 Suits, women's, knitted or crocheted, of wool.
288 Suits, girls', knitted or crocheted, of wool.
289 Suits, babies', knitted or crocheted, of wool.
290 Coats, costumes and uniforms, women's, knitted or crocheted, of wool.
291 Coats, costumes and uniforms, girls', knitted or crocheted, of wool.
292 Dresses, skirts and coats, babies', knitted or crocheted, of wool.
293 Dresses and skirts, women's, knitted or crocheted, of cotton.
294 Dresses and skirts, girls'. knitted or crocheted, of cotton.
295 Suits, women's knitted or crocheted, of cotton.
296 Suits, girls', knitted or crocheted, of cotton.
297 Suits, babies', knitted or crocheted, of cotton.
298 Coats, costumes and uniforms, women's, knitted or crocheted, of cotton.
299 Coats, costumes and uniforms, girls', knitted or crocheted, of cotton.
300 Dresses, skirts and coats, babies', knitted or crocheted, of cotton.
301 Dresses and skirts, women's, knitted or crocheted, of synthetic fibres.
302 Dresses and skirts, girls', knitted or crocheted, of synthetic fibres.
303 Suits, women's, knitted or crocheted, of synthetic fibres.
304 Suits, girls', knitted or crocheted, of synthetic fibres.
305 Suits, babies', knitted or crocheted, of synthetic fibres.
306 Coats, costumes and uniforms, women's, knitted or crocheted, of syn-
thetic fibres.
307 Coats, costumes and uniforms, girls', knitted or crocheted, of synthetic
fibres.
308 Dresses, skirts and coats, babies', knitted or crocheted, of synthetic
fibres.
309 Dresses and skirts, women's, knitted or crocheted, of regenerated fibres.
310 Dresses and skirts, girls', knitted or crocheted, of regenerated fibres.
311 Suits, women's, knitted or crocheted, of regenerated fibres.
312 Suits, girls', knitted or crocheted, of regenerated fibres.
313 Suits, babies', knitted or crocheted, of regenerated fibres.
314 Coats, costumes and uniforms, women's, knitted or crocheted, of
regenerated fibres.
315 Coats, costumes and uniforms, girls', knitted or crocheted, of regener-
ated fibres.
316 Dresses, skirts, and coats, babies', knitted or crocheted, of regenerated
fibres.
317 Dresses and skirts, women's, knitted or crocheted, of silk.
318 Suits, women's, knitted or crocheted, of silk.





Item No. Item

319 Dresses and skirts, women's, knitted or crocheted, of textile materials
other than wool, cotton, man-made fibres and silk.
320 Dresses and skirts, girls', knitted or crocheted, of textile materials other
than wool, cotton and man-made fibres.
321 Suits, women's, knitted or crocheted, of textile materials other than
wool, cotton, man-made fibres and silk.
322 Suits, girls', knitted or crocheted, of textile materials other than wool,
cotton and man-made fibres.
323 Suits, babies', knitted or crocheted, of textile materials other than wool,
cotton and man-made fibres.
324 Coats, costumes and uniforms, women's, knitted or crocheted. of textile
materials other than wool, cotton and man-made fibres.
325 Coats, costumes and uniforms, girls', knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
326 Dresses, skirts and coats, babies', knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
327 Outer garments, men's, knitted or crocheted, not elastic nor rubberized,
of silk, not elsewhere specified.
328 Blouses, knitted or crocheted, of silk.
329 Outer garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of silk, not elsewhere specified.
330 Suits, men's, knitted or crocheted, of wool.
331 Suits, boys', knitted or crocheted, of wool.
332 Coats and uniforms, men's, knitted or crocheted, of wool.
333 Coats and uniforms, boys', knitted or crocheted, of wool.
334 Swimming suits and trunks, men's, knitted or crocheted, of wool.
335 Swimming suits and trunks, boys', knitted or crocheted, or wool.
336 Slacks, shorts, jeans and trousers, men's, knitted or crocheted, of wool.
337 Slacks, shorts, jeans and trousers, boys', knitted or crocheted, of wool.
338 Outer garments. men's, knitted or crocheted, not elastic nor rubberized,
of wool, not elsewhere specified.
339 Outer garments, boys', knitted or crocheted, not elastic nor rubberized.
of wool, not elsewhere specified.
340 Blouses, knitted or crocheted, of wool.
341 Swimming suits, women's, knitted or crocheted, of wool.
342 Swimming suits, girls', knitted or crocheted, of wool.
343 Slacks, shorts, jeans and trousers. women's, knitted or crocheted, of
wool.
344 Slacks, shorts, jeans and trousers, girls', knitted or crocheted, of wool.
345 Outer garments, women's, knitted or crocheted. not elastic nor rubber-
ized, of wool, not elsewhere specified.
346 Outer garments, girls', knitted or crocheted, not elastic nor rubberized, of
wool, not elsewhere specified.
347 Outer garments (including rompers, sunsuits, overalls, car coats, slacks
and swimming suits), babies', knitted or crocheted, not elastic nor
rubberized, of wool.
348 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garments. knitted or crocheted, of wool.
349 [Deleted, L.N. 143,1861
350 Suits, men's, knitted or crocheted, of cotton.
351 Suits, boys', knitted or crocheted, of cotton.





Item No. Item
352 Coats and uniforms, men's, knitted or crocheted, of cotton.
353 Coats and uniforms, boys', knitted or crocheted, of cotton.
354 Swimming suits and trunks, men's, knitted or crocheted, of cotton.
355 Swimming suits and trunks, boys', knitted or crocheted, of cotton.
356 Slacks, shorts, jeans and trousers, men's, knitted or crocheted, of cotton.
357 Slacks, shorts, jeans and trousers, boys', knitted or crocheted, of cotton.
358 Outer garments, men's, knitted or crocheted, not elastic nor rubberized,
of cotton, not elsewhere specified.
359 Outer garments, boys', knitted or crocheted, not elastic nor rubberized,
of cotton, not elsewhere specified.
360 Blouses, knitted or crocheted, of cotton.
361 Swimming suits, women's, knitted or crocheted, of cotton.
362 Swimming suits, girls', knitted or crocheted, of cotton.
363 Slacks, shorts, jeans and trousers, women's, knitted or crocheted, of
cotton.
364 Slacks, shorts, jeans and trousers, girls', knitted or crocheted, of cotton.
365 Outer garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of cotton, not elsewhere specified.
366 Outer garments, girls', knitted or crocheted, not elastic nor rubberized, of
cotton, not elsewhere specified.
367 Outer garments (including rompers, sunsuits, overalls, car coats, slacks
and swimming suits), babies', knitted or crocheted, not elastic nor
rubberized, of cotton.
368 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garments, knitted or crocheted, of cotton.
369 [Deleted, L.N. 1431861
370 Suits, men's, knitted or crocheted, of synthetic fibres.
371 Suits, boys', knitted or crocheted, of synthetic fibres.
372 Coats and uniforms, men's, knitted or crocheted, of synthetic fibres.
373 Coats and uniforms, boys', knitted or crocheted, of synthetic fibres.
374 Swimming suits and trunks, men's, knitted or crocheted, of synthetic
fibres.
375 Swimming suits and trunks, boys', knitted or crocheted, of synthetic
fibres.
376 Slacks, shorts, jeans and trousers, men's, knitted or crocheted, of
synthetic fibres.
377 Slacks, shorts, jeans and trousers, boys', knitted or crocheted, of syn-
thetic fibres.
378 Outer garments, men's, knitted or crocheted, not elastic nor rubberized,
of synthetic fibres, not elsewhere specified.
379 Outer garments, boys', knitted or crocheted, not elastic nor rubberized,
of synthetic fibres, not elsewhere specified.
380 Blouses, knitted or crocheted, of synthetic fibres.
381 Swimming suits, women's, knitted or crocheted, of synthetic fibres.
382 Swimming suits, girls', knitted or crocheted, of synthetic fibres.
383 Slacks, shorts, jeans and trousers, women's, knitted or crocheted, of
synthetic fibres.
384 Stacks, shorts, jeans and trousers, girls', knitted or crocheted, of syn-
thetic fibres.
385 Outer garments, women's, knitted or crocheted, not elastic nor rubber-
ized,ofsyntheticfibres,notelsewherespecified.





Item No. Item

386 Outer garments, girls', knitted or crocheted, not elastic nor rubberized, of
synthetic fibres, not elsewhere specified.
387 Outer garments (incluiding rompers, sunsuits, overalls, car coats, slacks
and swimming suits), babies', knitted or crocheted, not elastic nor
rubberized, of synthetic fibres.
388 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garments, knitted or crocheted, of synthetic fibres.
389 [Deleted, L.N. 7431861
390 Suits, men's, knitted or crocheted, of regenerated fibres.
391 Suits, boys', knitted or crocheted, of regenerated fibres.
392 Coats and uniforms, men's, knitted or crocheted, of regenerated fibres.
393 Coats and uniforms, boys', knitted or crocheted, of regenerated fibres.
394 Swimming suits and trunks, men's, knitted or crocheted, of regenerated
fibres.
395 Swimming suits and trunks, boys', knitted or crocheted, of regenerated
fibres.
396 Slacks, shorts, jeans and trousers, men's, knitted or crocheted, of
regenerated fibres.
397 Slacks, shorts, jeans and trousers, boys', knitted or crocheted, of regener-
ated fibres.
398 Outer garments, men's, knitted or crocheted, not elastic nor rubberized,
of regenerated fibres, not elsewhere specified.
399 Outer garments, boys', knitted or crocheted, not elastic nor rubberized,
of regenerated fibres, not elsewhere specified.
400 Blouses, knitted or crocheted, of regenerated fibres.
401 Swimming suits, women's, knitted or crocheted, of regenerated fibres.
402 Swimming suits, girls', knitted or crocheted, of regenerated fibres.
403 Slacks, shorts, jeans and trousers, women's, knitted or crocheted, of
regenerated fibres.
404 Slacks, shorts, jeans and trousers, girls', knitted or crocheted, of regener-
ated fibres.
405 Outer garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of regenerated fibres, not elsewhere specified.
406 Outer garments, girls', knitted or crocheted, not elastic nor rubberized, of
regenerated fibres, not elsewhere specified.
407 Outer garments (including rompers, sunsuits, overalls, car coats, slacks
and swimming suits), babies', knitted or crocheted, not elastic nor
rubberized, of regenerated fibres.
408 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garment, knitted or crocheted, of regenerated fibres.
409 [Deleted, L.N. 1431861
410 Suits, men's, knitted or crocheted, of textile materials other than wool,
cotton and man-made fibres.
411 Suits, boys', knitted or crocheted, of textile materials other than wool,
cotton and man-made fibres.
412 Coats and uniforms, men's, knitted or crocheted, of textile materials
other than wool, cotton and man-made fibres.
413 Coats and uniforms, boys', knitted or crocheted, of textile materials
other than wool, cotton and man-made fibres.
414 Swimming suits and trunks, men's, knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.





Item No. Item

415 Swimming suits and trunks, boys', knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
416 Slacks, shorts, jeans and trousers, men's, knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
417 Slacks, shorts, jeans and trousers, boys', knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
418 Outer garments, men's, knitted or crocheted, not elastic nor rubberized,
of textile materials other than wool, cotton, man-made fibres and silk,
not elsewhere specified.
419 Outer garments, boys', knitted or crocheted, not elastic nor rubberized,
of textile materials other than wool, cotton and man-made fibres, not
elsewhere specified.
420 Blouses, knitted or crocheted, of textile materials other than wool,
cotton, man-made fibres and silk.
421 Swimming suits, women's, knitted or crocheted, of textile materials
other
than wool, cotton and man-made fibres.
422 Swimming suits, girls', knitted or crocheted, of textile materials other
than wool, cotton and man-made fibres.
423 Slacks, shorts, jeans and trousers, women's, knitted or crocheted, of
textile materials other than wool, cotton and man-made fibres.
424 Slacks, shorts, jeans and trousers, girls', knitted or crocheted, of textile
materials other than wool, cotton and man-made fibres.
425 Outer garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of textile materials other than wool, cotton, man-made fibres and
silk, not elsewhere specified.
426 Outer garments, girls', knitted or crocheted, not elastic nor rubberized, of
textile materials other than wool, cotton and man-made fibres, not
elsewhere specified.
427 Outer garments (including rompers, sunsuits, overalls, car coats, slacks
and swimming suits), babies', knitted or crocheted, not elastic nor
rubberized, of textile materials other than wool, cotton and man-made
fibres.
428 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garments, knitted or crocheted, of textile materials
other
than wool, et ton and man-made fibres.
429 Clothing accessories, knitted or crocheted, of textile materials.
430 Panty hose or tights, knitted or crocheted, not elastic nor rubberized, of
wool.
431 Under garments, men's, knitted or crocheted, not elastic nor rubberized,
of wool.
432 Under garments, boys', knitted or crocheted, not elastic nor rubberized,
of wool.
433 Night garments, men's, knitted or crocheted, not elastic nor rubberized,
of wool.
434 Night garments, boys', knitted or crocheted, not elastic nor rubberized,
of wool.
435 Under garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of wool.
436 Under garments, girls', knitted or crocheted, not elastic nor rubberized,
of wool.
437 Night garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of wool.
438 Night garments, girls', knitted or crocheted, not elastic nor rubberized, of
wool.
439 Under garments and night garments, babies', knitted or crocheted, not
elastic nor rubberized, of wool.





Item No. Item
440 Shirts (other than dress shirts), knitted or crocheted, of wool.
441 Dress shirts, knitted or crocheted, of wool.
442 Shirts (other than dress shirts), knitted or crocheted, of cotton.
443 Dress shirts, knitted or crocheted, of cotton.
444 Briefs, panties and knickers, men's, knitted or crocheted, not elastic nor
rubberized, of cotton.
445 Briefs, panties and knickers, boys', knitted or crocheted, not elastic nor
rubberized, of cotton.
446 Briefs, panties and knickers, women's, knitted or crocheted, not elastic
nor rubberized, of cotton.
447 Briefs, panties and knickers, girls', knitted or crocheted, not elastic nor
rubberized, of cotton.
448 Panty hose or tights, knitted or crocheted, not elastic nor rubberized, of
cotton.
449 Under garments (excluding briefs, panties and knickers), men's, knitted
or crocheted, not elastic nor rubberized, of cotton.
450 Under garments (excluding briefs, panties and knickers), boys', knitted
or crocheted, not elastic nor rubberized. of cotton.
451 Night garments, men's, knitted or crocheted, not elastic nor rubberized,
of cotton.
452 Night garments, boys', knitted or crocheted, not elastic nor rubberized,
of cotton.
453 Under garments (excluding briefs, panties and knickers), women's,
knitted or crocheted, not elastic nor rubberized, of cotton.
454 Under garments (excluding briefs, panties and knickers), girls', knitted or
crocheted, not elastic nor rubberized, of cotton.
455 Night garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of cotton.
456 Night garments, girls', knitted or crocheted, not elastic nor rubberized, of
cotton.
457 Under garments and night garments, babies', knitted or crocheted, not
elastic nor rubberized, of cotton.
458 Panty hose or tights, knitted or crocheted, not elastic nor rubberized, of
synthetic fibres.
459 Shirts (other than dress shirts), knitted or crocheted, of synthetic fibres.
460 Dress shirts, knitted or crocheted, of synthetic fibres.
461 Under garments (excluding briefs, panties and knickers), men's, knitted
or crocheted, not elastic nor rubberized, of synthetic fibres.
462 Under garments (excluding briefs, panties and knickers), boys', knitted
or crocheted, not elastic nor rubberized, of synthetic fibres.
463 Night garments, men's, knitted or crocheted, not elastic nor rubberized,
of synthetic fibres.
464 Night garments, boys', knitted or crocheted, not elastic nor rubberized,
of synthetic fibres.
465 Briefs, panties and knickers, men's, knitted or crocheted, not elastic nor
rubberized, of synthetic fibres.
466 Briefs, panties and knickers, boys', knitted or crocheted, not elastic nor
rubberized, of synthetic fibres.
467 Under garments (excluding briefs, panties and knickers), women's,
knitted or crocheted, not elastic nor rubberized, of synthetic fibres.
468 Under garments (excluding briefs, panties and knickers), girls', knitted or
crocheted, not elastic nor rubberized, of synthetic fibres.
469 Night garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of synthetic fibres.





Item No. Item

470 Night garments, girls', knitted or crocheted, not elastic nor rubberized, of
synthetic fibres.
471 Under garments and night garments, babies', knitted or crocheted, not
elastic nor rubberized, of synthetic fibres.
472 Briefs, panties and knickers, women's, knitted or crocheted, not elastic
nor rubberized, of synthetic fibres.
473 Briefs, panties and knickers, girls', knitted or crocheted, not elastic nor
rubberized, of synthetic fibres.
474 Panty hose or tights, knitted or crocheted, not elastic nor rubberized, of
regenerated fibres.
475 Under garments (excluding briefs, panties and knickers), men's, knitted
or crocheted, not elastic nor rubberized, of regenerated fibres.
476 Under garments (excluding briefs. panties and knickers), boys', knitted
or crocheted, nor elastic nor rubberized, of regenerated fibres.
477 Night garments, men's, knitted or crocheted, not elastic nor rubberized,
of regenerated fibres.
478 Night garments, boys', knitted or crocheted, not elastic nor rubberized,
of regenerated fibres.
479 Under garments (excluding briefs, panties and knickers), women's,
knitted or crocheted, not elastic nor rubberized, of regenerated fibres.
480 Under garments (excluding briefs, panties and knickers), girls', knitted or
crocheted, not elastic nor rubberized, of regenerated fibres.
481 Night garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of regenerated fibres.
482 Night garments, girls', knitted or crocheted, not elastic nor rubberized, of
regenerated fibres.
483 Under garments and night garments, babies', knitted or crocheted, not
elastic nor rubberized, of regenerated fibres.
484 Shirts (other than dress shirts), knitted or crocheted, of regenerated
fibres.
485 Dress shirts, knitted or crocheted, of regenerated fibres.
486 Briefs, panties and knickers, men's, knitted or crocheted, not elastic nor
rubberized, of regenerated fibres.
487 Briefs, panties and knickers, boys', knitted or crocheted, not elastic nor
rubberized, of regenerated fibres.
488 Briefs, panties and knickers, women's, knitted or crocheted, not elastic
nor rubberized, of regenerated fibres.
489 Briefs, panties and knickers, girls', knitted or crocheted, not elastic nor
rubberized, of regenerated fibres.
490 Briefs, panties and knickers, men's, knitted or crocheted, not elastic nor
rubberized, of textile materials other than wool, cotton and man-made
fibres.
491 Briefs, panties and knickers, boys', knitted or crocheted, not elastic nor
rubberized, of textile materials other than wool, cotton and man-made
fibres.
492 Briefs, panties and knickers, women's, knitted or crocheted, not elastic
nor rubberized, of textile materials other than wool, cotton and man-
made fibres.
493 Briefs, panties and knickers, girls', knitted or crocheted, not elastic nor
rubberized, of textile materials other than wool, cotton and man-made
fibres.
494 Panty hose or tights, knitted or crocheted, not elastic nor rubberized, of
textile materials other than wool, cotton and man-made fibres.
495 Under garments (excluding briefs, panties and knickers), men's, knitted
or crocheted, not elastic nor rubberized, of textile materials other than
wool, cotton and man-made fibres.





Item No. Item

496 Under garments (excluding briefs, panties and knickers), boys', knitted
or crocheted, not elastic nor rubberized, of textile materials other than
wool, cotton and man-made fibres.
497 Night garments, men's, knitted or crocheted, not elastic nor rubberized,
of texile materials other than wool, cotton and man-made fibres.
498 Night garments, boys', knitted or crocheted, not elastic nor rubberized,
of textile materials other than wool, cotton and man-made fibres.
499 Under garments (excluding briefs, panties and knickers), women's,
knitted or crocheted, not elastic nor rubberized, of textile materials
other
than wool, cotton and man-made fibres.
500 Under garments (excluding briefs, panties and knickers), girls', knitted or
crocheted, not elastic nor rubberized, of textile materials other than
wool, cotton and man-made fibres.
501 Night garments, women's, knitted or crocheted, not elastic nor rubber-
ized, of textile materials other than wool, cotton and man-made fibres.
502 Night garments, girls', knitted or crocheted, not elastic nor rubberized, of
textile materials other than wool, cotton and man-made fibres.
503 Under garments and night garments, babies', knitted or crocheted, not
elastic nor rubberized, of textile materials other than wool, cotton and
man-made fibres.
504 Shirts (other than dress shirts), knitted or crocheted, of textile materials
other than wool, cotton, man-made fibres and silk.
505 Dress shirts, knitted or crocheted, of textile materials other than wool,
cotton, man-made fibres and silk.
506 Shirts (other than dress shirts), knitted or crocheted, of silk.
507 Dress shirts, knitted or crocheted, of silk.
508 Brassieres, of cotton.
509 Brassieres, of synthetic fibres.
510 Brassieres, of regenerated fibres.
511 Brassieres, of textile materials other than cotton and man-made fibres.
512 Corsets, corset-belts and girdles, of cotton (including such articles of
knitted or crocheted fabrics), whether or not elastic.
513 Corsets, corset-belts and girdles, of textile materials other than cotton
(including such articles of knitted or crocheted fabrics), whether or not
elastic.
514 Suspenders, braces and garters, of cotton (including such articles of
knitted or crocheted fabrics), whether or not elastic.
515 Suspenders, braces and garters, of textile materials other than cotton
(including such articles of knitted or crocheted fabrics), whether or not
elastic.
516 Handkerchiefs, of cotton, not embroidered.
517 Handkerchiefs, of cotton, embroidered.
518 Handkerchiefs, of textile materials other than cotton, not embroidered.
519 Handkerchiefs, of textile materials other than cotton, embroidered.
520 Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or
crocheted, of textile fabrics.
521 Shawls, scarves, mufflers, mantillas, veils and the like, knitted or
crocheted, of textile fabrics.
522 Neckties, bow ties and cravats.
523 Gloves and mittens, not being knitted or crocheted goods of cotton
fabrics.
524 Gloves and mittens, not being knitted or crocheted goods, of textile
fabrics other than cotton.
525 Gloves and mittens, not being knitted or crocheted goods (except plastic,
leather and rubber), not elsewhere specified.





Item No- Item
526 Stockings, socks and sockettes not being knitted or crocheted goods, of
cotton fabrics.
527 Stockings, socks and sockettes, not being knitted or crocheted goods, of
other textile materials.
528-529 [Deleted, L.N. 2001851
530 [Deleted, L.N. 143186]
531 Watch straps of textile materials.
532 Belts for apparel of textile materials.
533 Diapers (baby napkins), not disposable and not of paper or cellulose
wadding.
534 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garments, not knitted or crocheted, of cotton.
535 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garments, not knitted or crocheted, of wool.
536 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garments, not knitted or crocheted, of synthetic fibres.
537 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garments, not knitted or crocheted, of regenerated
fibres.
538 Incompleted garments and textile fabrics cut to shape or shaped for
making up into garments, not knitted or crocheted, of textile materials
other than cotton, wool and man-made fibres.
539 Clothing accessories, of textile materials, not knitted or crocheted.
540 Gloves and mittens, knitted or crocheted, of cotton.
541 Gloves and mittens, knitted or crocheted, of wool.
542 Gloves and mittens, knitted or crocheted, of synthetic fibres.
543 Gloves and mittens, knitted or crocheted, of textile materials other than
cotton, wool and synthetic fibres.
544 Gloves and mittens, knitted or crocheted not elsewhere specified.
545 Stockings, knitted or crocheted, of cotton, women's and girls'.
546 Socks and sockettes, knitted or crocheted, of cotton, women's and girls'.
547 Stockings, socks and sockettes, knitted or crocheted, of cotton, men's
and boys'.
548 Stockings, knitted or crocheted, of wool, women's and girls'.
549 Socks and sockettes, knitted or crocheted, of wool, women's and girls'.
550 Stockings, socks and sockettes, knitted or crocheted, of wool, men's
and boys'.
551 Stockings, knitted or crocheted, of synthetic fibres, women's and girls'.
552 Socks and sockettes, knitted or crocheted, of synthetic fibres, women's
and girls'.
553 Stockings, socks and sockettes, knitted or crocheted, of synthetic fibres,
men's and boys'.
554 Stockings, knitted or crocheted, of regenerated fibres, women's and
girls'.
555 Socks and sockettes, knitted or crocheted, of regenerated fibres, women's
and girls'.
555A Stockings, socks and sockettes, knitted or crocheted, of regenerated
fibres, men's and boys'.
555B Stockings, knitted or crocheted, of textile materials other than cotton,
wool and man-made fibres, women's and girls'.
555C Socks and sockettes, knitted or crocheted, of textile materials other
than
cotton, wool and man-made fibres, women's and girls'.
555D Stockings. socks and sockettes, knitted or crocheted, of textile materials
other than cotton, wool and man-made fibres, men's and boys'.





Item No. Item

556 Belts for apparel, leather.
557Gloves and mittens, wholly of leather.
558Gloves and mittens, partly of leather and partly of textile materials.
559 Coats and jackets, leather.
560Leather clothing (except coats and jackets).
561Clothing accessories or leather (except gaiters, spats and leggings). not
elsewhere specified.
562Garments of plastic materials (other than of plastic coated fabrics),
men's and boys'.
563Garments of plastic materials (other than of plastic coated fabrics),
women's and girls'.
564Garments of plastic materials (other than of plastic coated fabrics),
babies'.
565-566 [Deleted, L.N. 143/86]
567Gloves and mittens of plastic materials (other than of plastic coated
fabrics).
568Belts for apparel of plastic materials (other than of plastic coated
fabrics).
569Clothing accessories (excluding hats and caps) of plastic materials (other
than of plastic coated fabrics), not elsewhere specified.
570Apparel and clothing accessories (excluding gloves), of unhardened
vulcanized rubber.
571 Coats and jackets. of mink skins.
572Coats and jackets, of rabbit furskins.
573 Coats and jackets, of fox furskins.
574Coats and jackets, of furskins other than mink skins. rabbit furskins and
fox furskins.
575Stoles, shawls and the like, of mink skins.
576Stoles, shawls and the like, of rabbit furskins.
577Stoles, shawls and the like, of fox furskins.
578Stoles, shawls and the like, of furskins other than mink skins, rabbit
furskins and fox furskins.
579Fur clothing and other articles of furskins, (not including hats, caps and
gloves) not elsewhere specified.
580Incompleted fur garments and dressed furskins cut to shape or shaped
for making up into garments.
581Artificial furs and articles thereof (but not including hats. caps and
gloves).
582Hats, caps and other headgear of felt.
583Hats, caps and other headgear, plaited or made from plaited or other
strips of any material.
584Hats, caps and other headgear, of cotton.
585Hats, caps and other headgear, of wool.
586Hats, caps and other headgear. of other textile materials. not elsewhere
specified.
587-589 [Deleted, L.N. 200/85]
590 Hair nets, not of human hair.
591Hat-bands, linings and similar articles of headgear.
592Hats, caps and other headgear, impermeable (including bathing caps).
593Hats. caps and other headgear, not elsewhere specified.





lien? No. Item

594 Thong sandals, wholly or mainly of rubber.
595 Slippers and house footwear (except thong sandals), wholly or mainly of
rubber.
596 Footwear (except slippers and house foot-wear), wholly or mainly of
rubber (including wellingtons, farm boots and footwear of a similar
nature).
597 Slippers and house footwear, wholly or mainly of plastic materials.
598 Footwear (except slippers and house footwear), wholly or mainly of
plastic materials.
599 Slippers and house footwear with textile uppers and outer soles of
leather, rubber or plastic materials, not embroidered.
600 Slippers and house footwear with textile uppers and outer soles of
leather, rubber or plastic materials, embroidered.
601 Slippers and house footwear with outer soles of leather, rubber or plastic
materials, not elsewhere specified.
602 [Deleted, L.N. 143/86]
603 Footwear (except slippers and house footwear) with textile uppers and
outer soles of rubber.
604 Footwear (except slippers and house footwear) with textile uppers and
other soles of leather or leather substitute.
605 Footwear (except slippers and house footwear) with leather uppers and
outer soles of leather or plastic materials.
606 Footwear (except slippers and house footwear) with leather uppers and
outer soles of rubber.
607 Footwear (except slippers and house footwear) with outer soles of
leather, rubber or plastic materials. not elsewhere specified.
608 Footwear (including slippers and house footwear) with outer soles of
wood or cork.
609 Footwear (including slippers and house footwear) with outer soles of
materials other than leather, rubber, plastic, wood or cork.
610 Gaiters, spats, leggings, puttees, cricket pads, shinguards and similar
articles. and parts thereof (not including uppers legs and other prepared
parts of footwear).

(Schedule replaced, L.N. 70/83. L.N. 200,185 and L.N. 143,186)
Originally 54 of 1975. L.N. 16/77. L.N. 206/77. L.N. 294/82. L.N. 70/83. 4 of 1984. L.N. 200/85. L.N. 143/86. L.N. 214/75. Short title. Interpretation. (Cap. 60.) Schedule. Application. Establishment of Clothing Industry Training Authority. Functions of the Authority. General powers of the Authority. Constitution of the Authority. Chairman of the Authority. Meetings and proceedings of the Authority. Transaction of business by circulation of papers. Committees. Appointment of employees and conditions of employment. Staff benefits. Funds and property of the Authority. Estimates and financial year. Bank account. Investment of funds. Accounts. Auditors. Statement and reports to be laid on table of Legislative Council. Imposition of clothing industry training levy. Rate of levy. Exporters of clothing items to make export declarations and pay levy. Commissioner may require particulars in declarations to be verified. Power of Commissioner to impose levy and surcharge. Recovery of levy. Commissioner to surrender levy and surcharge to Authority. Objections. Appeals. Furnishing of information and production of documents. Evidence by certificate. Authentication, and production in evidence of documents. Offences. Commissioner may specify forms. Regulations. Amendment of Schedule.

Abstract

Originally 54 of 1975. L.N. 16/77. L.N. 206/77. L.N. 294/82. L.N. 70/83. 4 of 1984. L.N. 200/85. L.N. 143/86. L.N. 214/75. Short title. Interpretation. (Cap. 60.) Schedule. Application. Establishment of Clothing Industry Training Authority. Functions of the Authority. General powers of the Authority. Constitution of the Authority. Chairman of the Authority. Meetings and proceedings of the Authority. Transaction of business by circulation of papers. Committees. Appointment of employees and conditions of employment. Staff benefits. Funds and property of the Authority. Estimates and financial year. Bank account. Investment of funds. Accounts. Auditors. Statement and reports to be laid on table of Legislative Council. Imposition of clothing industry training levy. Rate of levy. Exporters of clothing items to make export declarations and pay levy. Commissioner may require particulars in declarations to be verified. Power of Commissioner to impose levy and surcharge. Recovery of levy. Commissioner to surrender levy and surcharge to Authority. Objections. Appeals. Furnishing of information and production of documents. Evidence by certificate. Authentication, and production in evidence of documents. Offences. Commissioner may specify forms. Regulations. Amendment of Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/3226

Edition

1964

Volume

v20

Subsequent Cap No.

318

Number of Pages

35
]]>
Tue, 23 Aug 2011 18:32:10 +0800
<![CDATA[RESOLUTION OF LEGISLATIVE COUNCIL]]> https://oelawhk.lib.hku.hk/items/show/3225

Title

RESOLUTION OF LEGISLATIVE COUNCIL

Description






RESOLUTION OF THE LEGISLATIVE COUNCIL

Resolution made and passed by the Legislative Council under
section 22 of the Industrial Training (Construction Industry)
Ordinance on 17 December 1975.

RESOLVED, pursuant to section 22 of the Industrial Training
(Construction Industry) Ordinance, that-

(a)the rate of levy be 0.25 per cent of the value of any
construction works; and

(b)any construction works the value of which does not
exceed $1,000,000 be not liable to the levy.
L.N. 271/75. L.N. 137/85. L.N. 137/85.

Abstract

L.N. 271/75. L.N. 137/85. L.N. 137/85.

Identifier

https://oelawhk.lib.hku.hk/items/show/3225

Edition

1964

Volume

v20

Subsequent Cap No.

317

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:32:09 +0800
<![CDATA[INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3224

Title

INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY) ORDINANCE

Description






LAWS OF HONG KONG

INDUSTRIAL TRAINING (CONSTRUCTION

INDUSTRY) ORDINANCE

CHAPTER 317

REVISED EDITION 1981

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 317

INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section ...................................Page

PART 1

PRELIMINARY

1. Short title................................. ... ... ... ... ... ... ... ... 3

2. Interpretation and application ............ ... ... ... ... ... ... 3
3. Ordinance binding on the Crown ............ ... ... ... ... ... ... 5

PART II

CONSTRUCTION INDUSTRY TRAINING AUTHORITY

4. Establishment of Construction Industry Training Authority ... ... ... ... 5

5. Functions of the Authority ................ ... ... ... ... ... 5
6. General powers of the Authority ........... ... ... ... ... ... ... 5

7. Constitution of Authority ................. ... ... ... ... ... 6
8. Chairman of the Authority ................. ... ... ... ... ... 7

9. Meetings and proceedings of the Authority ... ... ... ... ... ... ... ... 7

10. Transaction of business by circulation of papers ... ... ... ... ... ... ... 7
11. Committees ... ... ... ... ... ... ... ... ... ... ... ... ... 8
12. Appointment of employees and conditions of employment ... ... ... ... ... 8

13. Staff benefits ........................... ... ... ... ... ... ... ... 8

PART 111

FINANCIAL PROVISIONS

14. Funds and property of the Authority ... ... ... ... ... ... ... ... ... 9
15. Estimates and financial year ... ... ... ... ... ... ... ... ... ... ... 9

16. Bank account ............................. ... ... ... ... ... ... ... 9
17. Investment of funds ...................... ... ... ... ... ... ... ... ... 9

18. Accounts .................................. ... ... ... ... ... ... ... 9
19. Auditors ................................ ... ... ... ... ... ... ... 10

20. Statements and reports to be laid on table of Legislative Council ... ... ... 10

PART IV

LEVY

21. Imposition of construction industry training levy ... ... ... ... ... ... ... 10

22. Rate of levy ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10

23. Value of construction works ... ... ... ... ... ... ... ... ... ... ... 10
24. Contractor and authorized person to notify Authority when undertaking

construction works ........................ ... ... ... ... ... ... ... 11







25. Notice by contractor and authorized person of payments made in respect of works

etc. and of completion .................... ... ... ... ... ... ... ...
11

26. Assessment ............................... ... ... ... ... ... ... ... 12
27. Payment of levy .......................... ... ... ... ... ... ... 13

28...........Recovery of levy ................. ... ... ... ... ... ... ... ... ... 13





Section Page
PART V
OBJECTIONS AND APPEALS
29. Objection ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13
30. Appeals ... ... ... ... ... ... ... ... ... ... ... ... 14

PART VI
MISCELLANEOUS
31. Furnishing of information and production of documents ... ... ... ... ... 14
32. Evidence by certificate etc. ... ... ... ... ... ... ... ... ... ... 16
33. Authentication, and production in evidence of documents ... ... ... ... ... 16
34. Appointment of authorized persons ... ...
... ... ... ... .... ... ... 16
35. Offences ... ... ... ... ... ...... .. ... ... ... ... ... ... ... 16
36. Regulations ... ... ... ... ... ...... ... ... ... ... ... ... ... ... 17





CHAPTER 317

INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY)

To establish the Construction Industry Training Authority, to provide
for facilities for the training of persons employed in the
construction industry and for a levy to be paid by. contractors in
respect of construction works.

[5 September 1975.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Industrial Training
(Construction Industry) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'Authority' means the Construction Industry Training Authority
established by section 4;

'authorized person' means

(a)in relation to building or street works not carried out by or on
behalf of the Crown, the authorized person appointed under
section 4 of the Buildings Ordinance;

(b)in relation to construction works carried out by or on behalf of
the Crown, the person appointed under section 34(1);

(e)in relation to other construction works, the person appointed
under section 34(2);

'building works' has the meaning assigned to it in section 2(1) of the
Buildings Ordinance;

'chairman' means the chairman of the Authority appointed under
section 8;

'construction industry' means the industry in which building works or
construction works are carried out;

'contractor' means

(a)in relation to building or street works not carried out by or on
behalf of the Crown, the person appointed as contractor under
section-9 of the Buildings Ordinance;

(b)in relation to construction works carried out by or on behalf of
the Crown, the person carrying out the construction works;

(c)in relation to other construction works, the person carrying
out the construction works;





,,employer' means any person who contracts with a contractor for the
undertaking of construction works, or at whose request, or on
whose behalf, any such works are undertaken and any person
claiming under him whose rights are acquired after the
commencement of the works;

'financial year' means the period fixed by the Authority under section
15(2),

further penalty' means the further penalty payable under section 27(1
B); (Added, 7 of 198 1, s. 2)

levy means the construction industry training levy prescribed under
section 22;

'member' means a member of the Authority appointed under section 7;

'penalty' means the penalty payable under section 27(1A);

(Added, 7 of 1981, s. 2)

'street' has the meaning assigned to it in section 2(1) of the Buildings
Ordinance;

',street works' has the meaning assigned to it in section 2(1) of the
Buildings Ordinance;

'surcharge' means the surcharge under section 26(7);

'trade union' means a trade union registered under the Trade Unions
Ordinance;

'value', in relation to any construction works, means the value of the
construction works as assessed under this Ordinance.

(2) Subject to subsections (3) and (4), for the purposes of this
Ordinance 'construction works' include any kind of work involving or
in connexion with

(a) building works;

(b)the laying out, construction, alteration or repair of any street,
tunnel, airport runway, canal, reservoir, pipe-line, railway or
tramway;

(e) trench works carried out by or for any public utility; and

(d) river training works.

(3) Notwithstanding subsection (2) and subject to any order made
under subsection (4), 'construction works' shall not include

(a) the installation, repair and maintenance of any-

(i) airconditioning plant;

(ii) electricity supply system, including the wiring,
appliances and fittings;

(iii) lift, escalator or belt conveyor system;

(iv) fire services installation or equipment,





(b) manufacture, repair or maintenance of movable furniture;

(e) demolition.

(4) For the purposes of this Ordinance, the Governor may by
order declare any works-

(a) to be construction works; or

(b) not to be construction works.

(5) This Ordinance shall not apply to any construction works
which were begun before the commencement of this Ordinance.

3. This Ordinance shall bind the Crown.

PART 11

CONSTRUCTION INDUSTRY TRAINING AUTHORITY

4. (1) There is hereby established an authority, to be known
as the Construction Industry Training Authority, which shall in that
name be a body corporate with perpetual succession and shall be
capable of suing and being sued.
(2) The Authority shall have a common seal, the affixing of
which shall be authenticated by the signature of any 2 members.

(3) Any document purporting to be a document duly executed
under the seal of the Authority shall be received in evidence and
shall, unless the contrary is proved, be deemed to be a document so
executed.

5. The Authority shall have the following functions-

(a) to provide training courses for the construction industry;

(b)to establish and maintain industrial training centres there-
for;

(e)to assist in the placement of persons completing training
courses;

(d) to make recommendations with respect to the rate of levy.

6. (1) The Authority may do all such things as are necessary
for, or incidental or conducive to, the better carrying out of the
functions of the Authority and may in particular, but without
prejudice to the generality of the foregoing-

(a)hold, acquire or lease all kinds of property, whether
movable or immovable;

(b)subject to subsection (2), sell or otherwise dispose of all
kinds of property whether movable or immovable;

(c)enter into, assign or accept the assignment of, and vary or
rescind any contract or obligation;





(d)subject to subsection (3), meet expenditure on any item shown
in the approved estimates of expenditure of the Authority,
borrow or otherwise raise money on such security as may be
necessary, and for that purpose, charge all or any of the
property of the Authority;

(e)make charges for the use of any facility or service provided by
the Authority.

(2) The Authority shall not sell or otherwise dispose of land
granted at nil premium by the Government except with the prior approval
of the Governor.

(3) Except with the prior approval of the Financial Secretary, no sum
shall be borrowed or otherwise raised under subsection (1)(d) which
itself, or together with all other sums previously borrowed or otherwise
raised under that subsection and still outstanding, exceeds, or in the
aggregate exceeds, 10 per cent of the approved total estimated
expenditure for the current financial year.

7. (1) The Authority shall consist of 14 members appointed by the
Governor of whom

(a)2 shall be persons nominated by the Building Contractors Association Limited;

(b)2 shall be persons nominated by the Building and Civil
Engineering Industry Training Board;

(e)1 shall be a person nominated by the Hong Kong Institute of
Architects;

(d)1 shall be a person nominated by the Hong Kong branch of
the Royal Institution of Chartered S Surveyors;



(e) 1 shall be a person nominated by the Hong Kong branch of
the Institution of Structural Engineers.


(f) 1 shall be a civil engineer nominated by the Hong Kong
Institution of Engineers;

(g)1 shall be a person who holds office as an official of a trade
union representing workers employed in the construction
industry;

(h) 4 shall be public officers; and

(i)1 shall be a person, not being a public officer or person
connected with any of the organizations mentioned in
paragraphs (a) to (g).

(2) A member who is not a public officer appointed under
subsection (1)(h) shall, unless his appointment is terminated or
otherwise ceases, hold office for such period as the Governor may
specify. (Amended, L.N. 258/75)

(3) On the expiration of his period of appointment or re-

appointment, as the case may be, any such member shall be eligible
for reappointment for such further term as the Governor may
specify.





(4) Any such member may at any time resign from office by
giving notice in writing to the Governor, and he shall cease to be a
member from the date specified in the notice or, if no date is
specified, from the date of the receipt by the Governor of the notice.

(5) If any member other than the chairman is absent from
Hong Kong or is for any other reason unable to exercise the powers
or perform the duties of his office as member, the Governor may
appoint another person to be a temporary member in his place
during his absence or incapacity.

8. (1) The Governor shall appoint a member to be chairman
of the Authority.

(2) If the chairman is absent from Hong Kong or is for any
other reason unable to act as chairman, the Governor may appoint
another member to be chairman in his place during his absence or
incapacity.

9. (1) Meetings of the Authority shall be held at such times
and places as the chairman may appoint.

(2) A quorum shall be 6 members.

(3) At any meeting of the Authority the chairman shall
preside.

(4) If the chairman is absent from any meeting of the Au-
thority, the members present at the meeting may elect one of their
number to act as chairman in his place.

(5) The chairman or the member acting in his place shall have
a deliberative vote on all matters coming before the Authority and in
the case of an equality of votes he shall also have a casting vote.

(6) If a member has a pecuniary interest, whether direct or
indirect, in any contract or proposed contract or in any other
matter, and is present at a meeting of the Authority at which the
contract or other matter is the subject of consideration, he shall as
soon as practicable after the commencement of the meeting, disclose
to the Authority the fact and nature of his interest.

(7) Such member shall, if so required by the meeting, with-
draw from the meeting while the Authority is considering the
contract or matter and in any case shall not vote thereon.

(8) Subject to this Ordinance, the Authority may determine its
own procedure at meetings.

10. The Authority may transact any of its business by the
circulation of papers, and a resolution in writing which is approved
in writing by a majority of the members shall be as valid and
effectual as if it had been passed at a meeting of the Authority by the
votes of the members so approving the resolution.





11. (1) Subject to subsection (2), the Authority may appoint
committees for the better discharge of its functions under this
Ordinance.

(2) The Authority shall appoint a committee, comprising 3 members
of the Authority, for the purpose of the determination of any objection
under section 29.

(3) Subject to subsection (4), the Authority may in writing delegate
to any committee appointed under subsection (1) or (2) any of its
powers and functions:

Provided that no delegation under this subsection shall preclude
the Authority from exercising or performing at any time any power or
function so delegated.

(4) Notwithstanding subsection (3), the Authority shall not
delegate to a committee the power

(a)to approve the annual programme and estimates required to be
submitted under section 15;

(b)to authorize the preparation of the statements required under
section 18(2).

(5) Each committee may determine its own procedure at meetings.

12. The Authority may appoint such employees as it thinks fit and
determine all matters relating to their remuneration and terms and
conditions of appointment or employment.

13. (1) The Authority may-

(a)grant, or make provision for the grant of, pensions, gratuities
and retirement benefits, to its employees;

(b)provide other benefits for the welfare of its employees and
their dependants;

(c)make payments, whether ex gratia or legally due, to the
personal representative of a deceased employee or to any
person who was dependent on such employee at his death.

(2) The Authority may establish, manage and control or enter
into an arrangement with any company or association for the
establishment, management and control by such company or asso-
ciation either alone or jointly with the Authority of any fund or
scheme for the purpose of providing for the pensions, gratuities,
benefits and payments referred to in subsection (1).

(3) The Authority may make contribution to any fund or scheme
referred to in subsection (1) and may require its employees to make
contributions thereto.

(4) In this section 'employees' includes any class of employee
which the Authority may specify and in subsection (1) includes former
employees.





PART III

FINANCIAL PROVISIONS

14. The funds and property of the Authority shall consist of-

(a)all moneys recovered by way of levy, surcharge, penalty
and further penalty; (Amended, 7 of 1981, s. 3)

(b)any moneys received by the Authority by way of grants,
loans, donations, fees, rent or interest;

(c)all moneys derived from the sale of any property held by or
on behalf of the Authority; and

(d)all other moneys and property lawfully received by the
Authority for its purposes.

15. (1) In each financial year, before a date to be appointed
by the Governor, the Authority shall submit to the Governor a
programme of its proposed activities and estimates of its income and
expenditure for the next financial year:

Provided that the programme and estimates for the first finan-
cial year of the Authority shall be forwarded as soon as is practicable
after the commencement of this Ordinance.

(2) The Authority may, from time to time, with the prior
approval of the Governor, fix a period to be the financial year of the
Authority.,

16. (1) The Authority shall open and maintain an account
with a bank approved by the Director of Accounting Services.
(Amended, L.N. 16177)

(2) The Authority shall pay all moneys received by it into the
account referred to in subsection (1).

17. All funds of the Authority that are not immediately
required may be-

(a)deposited on fixed deposit in any bank or savings bank
nominated by the Financial Secretary either generally or in
any particular case, for that purpose; or

(b)subject to the prior approval of the Financial Secretary,
invested in such investments as the Authority thinks fit.

18. (1) The Authority shall maintain proper accounts and
records of all income and expenditure.

(2) After the end of each financial year, the Authority shall
cause to be prepared statements of income and expenditure during
the previous financial year and of the assets and liabilities of the
Authority on the last day thereof.





19. (1) The Authority shall appoint auditors, who shall be entitled
at any time to have access to all books of account, vouchers and other
financial records of the Authority and to require such information and
explanations thereof as they may think fit.

(2) The auditors shall audit the statements prepared under section
18(2) and shall report thereon to the Authority.

20. (1) The Authority shall, within 6 months after the end of each
financial year or such further time as the Governor may in any particular
year allow, submit to the Governor a report on the activities of the
Authority and copies of the statements prepared under section 18(2) and
the report made under section 19(2).

(2) The Governor shall cause the reports and statements received
by him under subsection (1) to be laid on the table of the Legislative
Council.

PART IV

LEVY

21. A levy, to be known as the construction industry training levy,
shall be imposed in accordance with this Ordinance on the value of all
construction works undertaken in Hong Kong and shall be payable by
every contractor who undertakes any such works.

22. (1) The Legislative Council may by resolution prescribe the rate
of levy.

(2) The rate of levy prescribed under subsection (1) shall be based
on the value of construction works.

(3) The rate of levy prescribed under subsection (1) shall come into
effect 30 days after the publication of the resolution in the Gazette.

(4) A resolution under subsection (1) may provide that
construction works the value of which does not exceed an amount
specified in the resolution shall not be liable to the levy.

23. (1) In ascertaining the value of construction works for the
purposes of this Ordinance, regard shall be given to

(a)in the case of construction works performed pursuant to a
contract, the consideration, or such part of the consideration
as is attributable to the construction works, payable to the
contractor under the contract, which shall be evidence, but not
conclusive evidence, of the value of the construction works;

(b)the cost or value of materials used in the construction works;

(c)the cost or value of time. work and labour involved in the
construction works;





(d) the equipment used in the construction works;

(e) such overhead costs as may be considered reasonable;

the reasonable profit to be expected on the open market in
respect of the performance of such construction works;

(g) any other factors that may be prescribed.

(2) In the case of any construction works to be undertaken or
carried out in stages the total value of all stages of the construction
works shall be the value of the construction works for the purposes of
subsection (1).

24. (1) Within 14 days after any construction works have begun or
such further time as the Authority may in any case allow

(a) the contractor carrying out the construction works; and

(b)the authorized person appointed in connexion with the
construction works,

shall each give notice to the Authority in the prescribed form that he
is such a contractor carrying out construction works or authorized
person appointed in connexion with construction works, as the case
may be.

(1A) Subsection (1) shall not apply in respect of any construction
works the estimated value of which would render those works not liable
to the levy as a result of a resolution under section 22. (Added, 64 of
1976, s. 2)

(2) Every notice under subsection (1) shall state the estimated
value of the construction works.

(3) Every contractor or authorized person who, without reasonable
excuse, fails to give a notice when required to do so by subsection (1)
shall be guilty of an offence and shall be liable on conviction to a fine of
51,000.

25. (1) Where a payment or an interim payment is made to a
contractor or for his benefit in respect of any construction works,
the contractor shall, within 14 days after the payment is made or
such further time as the Authority or may in any case allow give notice
of it to the Authority in the prescribed form.

(2) Not later than 14 days, or such further time as the
Authority may in any case allow, after the completion of any
construction works, or of any stage of the construction works (if the
construction works are being undertaken or carried out in stages),
the contractor and the authorized person appointed in respect of the
construction works shall each give notice of such completion to the
Authority in the preseribed form.

(2A) Subsections (1) and (2) shall not apply in respect of any
construction works which are not liable to the levy as a result of a
resolution under section 22. (Added, 64 of 1976. s. 3)





(3) Every notice under subsection (1) or (2) shall state the value of
the construction works or stage thereof in respect of which payment
was made or the value of the works or stage thereof which have been
completed, as the case may be.

(4) Every contractor or authorized person who without reasonable
excuse fails to give a notice when required to do so by subsection (1) or
(2) shall be guilty of an offence and shall be liable on conviction to a fine
of 52,000.

26. (1) On receipt of a notice of payment under section 25(1), the
Authority shall assess the amount of levy due from the contractor in
respect of the construction works or the stage of the construction works
(if the construction works are being undertaken or carried out in stages)
to which the payment relates.

(2) Where more than one payment is made or to be made to the
contractor in respect of construction works or a stage of the
construction works, the assessment under subsection (1) shall be a
provisional assessment and a final assessment shall be made on the final
payment in respect of the construction works, each stage of the works or
all stages of the works, as is appropriate.

(3) On receipt of a notice of completion of construction works or
any stage thereof under section 25(2), the Authority shall, if no
assessment under subsection (1) or (2) has been made, assess the
amount of levy due from the contractor in respect of the construct ion
works or the stage of the construction works.

(4) Where construction works are undertaken or carried out in
stages the Authority may make a provisional assessment under
subsection (3) on the completion of each stage of the construction
works and make a final assessment on the completion of all stages of the
construction works.

(5) The Authority may assess the amount of levy due from the
contractor in respect of the construction works or stage thereof which
have or has been completed notwithstanding that no notice has been
given to the Authority under section 25.

(6) Where it appears to the Authority that an assessment of levy
has been made at less than the proper amount, then, subject to
subsection (9), the Authority may at any time make an additional
assessment of levy due from the contractor in respect of construction
works or a stage of construction works.

(7) If a contractor fails to give any notice required to be given by
him under section 25 and does not give a reasonable excuse therefor
within such period as the Authority may allow in any case, the
Authority may, in addition to the levy assessed under subsection (5),
impose a surcharge on the contractor not exceeding twice the amount of
the levy so assessed.

(8) The Authority shall notify the contractor in writing of any
assessment of levy or imposition of surcharge.





(9) An assessment or surcharge under this section shall be made or
imposed within

(a) 2 years after the completion of the works; or

(b)1 year after evidence of facts, sufficient in the opinion of the
Authority to justify the making of the assessment or the
imposition of the surcharge comes to its knowledge,

whichever is the later.

27. (1) The amount of levy or surcharge specified in a notice given
to a contractor under section 26(8) shall be paid by the contractor to the
Authority within 28 days after the receipt by him of the notice,

(1A) If the amount of the levy or surcharge is not paid within the
period specified in subsection (1) the contractor shall be liable to pay, in
addition, a penalty of 5 per cent of the amount unpaid. (Added, 7 of
1981, s. 4)

(1B) If the amount of the levy or surcharge including any penalty
payable under subsection (1A) is not paid within 3 months after the
expiry of the period specified in subsection (1) the contractor shall be
liable to pay, in addition, a further penalty of 5 per cent of the amount
unpaid. (Added, 7 of 1981. s. 4)

(1C) The Authority may remit all or part of any penalty or further
penalty payable under subsection (1A) or (1B) if, in the special
circumstances of any case, it thinks it fair and reasonable to do so, and
if the amount so remitted has been paid, it shall be refunded. (Added, 7
of 198 1, s. 4)

(2) Payment shall be made in accordance with subsections (1), (1A)
and (1B) notwithstanding that the contractor may wish to object to the
levy assessed or surcharge imposed under section 26. (Amended, 7 of
1981, s. 4)

28. (1) Any amount of levy or surcharge, including the amount of
any penalty or further penalty, due and payable under this Ordinance
shall be recoverable as a debt due to the Authority. (Amended, 7 of
1981, s. 5)

(2) An action under subsection (1) may be brought in the District
Court notwithstanding that the amount due exceeds $20,000.

PART V

OBJECTIONS AND APPEALS

29. (1) Any person who is notified under section 26(8) of an
assessment of levy, or imposition of surcharge may, by notice in writing
served on the Authority within 21 days after the receipt of the notice,
object to the levy or surcharge.





(2) A notice of objection under subsection (1) shall state precisely
the grounds of objection and shall be accompanied by all written
statements and other documentary evidence relied upon by the objector
in support of the objection.

(3) An objection under subsection (1) shall be considered by the
appropriate committee of the Authority which may confirm, cancel or
reduce the levy or surcharge.

(4) The Authority shall notify the objector of the decision of the
committee under subsection (3) within 28 days after the receipt by the
Authority of the notice of objection under subsection (1) and, if a levy
or surcharge is cancelled or reduced, any amount which has been paid
by the contractor in excess of that found to be due, excluding the
amount of any penalty or further penalty which has been paid, shall
forthwith be repaid by the Authority to the objector. (Amended, 7 of
1981, s. 6)

30. (1) An objector who is aggrieved with a decision notified to him
under section 29(4) may appeal to the District Court against that
decision.

(2) An appeal under subsection (1) shall be lodged within 30 days
after the receipt of the notification by him.

(3) An appeal under this section shall not be heard unless the
amount of the levy or surcharge which is the subject-matter of the
appeal, including the amount of any penalty or further penalty, has been
paid. (Amended, 7 of 1981, s. 7)

(4) On hearing any appeal under this section the District Court may

(a) confirm, cancel or reduce the levy or surcharge;

(b)if it cancels or reduces a levy or surcharge, order the
repayment of the amount of levy or surcharge cancelled or
reduced, excluding the amount of any penalty or further
penalty which has been paid, with interest from the date of
payment to the Authority at such rate as the court may
determine or without enterest; and (Amended, 7 of 1981,s. 7)

(c)make such order as it thinks fit as to the payment of the costs
of the hearing.

(5) The Chief Justice may make rules of court for the purposes of
this section.

PART VI

MISCELLANEOUS

31. (1) An employer, contractor or authorized person concerned in
any construction works shall

(a)provide the Authority, or an officer of the Authority
authorized by it for the purposes of this section, within





such time and in such form as the Authority or such officer
may specify, with such information relating to the
construction works (including any amount paid or payable in
respect of the construction works or any work connected
therewith), or the name and address of the person for or by
whom the construction works are being undertaken, as the
Authority or such officer may require;

(b)on being so required by the Authority or such officer, produce
or cause to be produced any documents or records in his
possession relating to the construction works (including any
amount paid or payable in respect of the construction works)
for inspection by the Authority or such officer and permit the
Authority or such officer to take copies or make extracts from
them or to remove them for a reasonable period.

(2) Subject to subsection (3), no person shall disclose otherwise
than to the Authority, or to an employee of the Authority in his official
capacity, any information provided or obtained under subsection (1)
(including information obtained from documents or records) without the
consent of the person who provided it or from whom it was obtained.

(3) Subsection (2) does not apply-

(a)to the disclosure of information in the form of a summary of
similar information provided by or obtained from a number of
employers, contractors or authorized persons if the summary is
so framed as not to enable particulars relating to any particular
contractor's business to be ascertained from it;

(aa) to the disclosure of information by the Authority to any
person authorized or employed by it for the purpose of
checking or ascertaining the value of construction works;
(Added, 7 of 1981, s. 8)

(ab) to the disclosure of information by the Authority to the
Pneumoconiosis Compensation Fund Board established under
the Pneumoconiosis (Compensation) Ordinance; or (Added 7
of 1981, s. 8)

(b)to any disclosure of information made for the purpose of any
legal proceedings brought under this Ordinance, or for the
purposes of any report of any such proceedings.

(4) Any person who, without reasonable excuse, fails to comply
with a requirement under subsection (1) when it is within his power to
do so shall be guilty of an offence and shall be liable on conviction to a
fine of $1,000.

(5) Any person who intentionally discloses any information in
contravention of subsection (2) shall be guilty of an offence and shall
be liable on conviction to a fine of $2,000.





32. A certificate purporting to be signed by an officer of the
Authority authorized for the purposes of section 33

(a)that any notice required by or under this Ordinance has or has
not been given or has or has not been given at any date; or

(b)that any amount of levy, surcharge, penalty or further penalty
due under this Ordinance has not been paid, (Amended, 7 of
1981, s. 9)

shall be sufficient evidence of that fact until the contrary is proved.

33. (1) Any notice or other document given or issued by the
Authority may be signed by an officer of the Authority, authorized by
the Authority for the purposes of this subsection.

(2) Any document purporting to be a notice or other document
given or issued by the Authority and purporting to be signed by an
officer of the Authority authorized under subsection (1) shall be
received in evidence and shall until the contrary is proved be deemed to
be such a notice or other document.

34. (1) Where the Crown is the employer in respect of any
construction works, a person shall be appointed by or on behalf of the
Crown to perform the functions of an authorized person under this
Ordinance in respect of such construction works.

(2) Every person by whom or on whose behalf construction works
are to be undertaken shall, if no authorized person has been appointed
under section 4 of the Buildings Ordinance, appoint a person to be the
authorized person under this Ordinance in respect of such construction
works.

(3) Every person by whom or on whose behalf construction works,
other than building or street works, are to be undertaken shall before the
commencement of the works inform the Authority in writing of the
names of

(a) the person appointed under subsection (2); and

(b) the contractor.

(4) Every person who is appointed under subsection (2) or who is
employed as a contractor in respect of construction works shall inform
the Authority in writing of that fact before the commencement of the
works.

(5) Any person who fails to comply with subsection (2), (3) or (4)
shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000.

35. (1) Any person who is knowingly concerned in, or in the taking
of steps with a view to, the fraudulent evasion of the payment of a levy,
whether due from him or from any other person. shall be guilty of an
offence and shall be liable on conviction to a fine of $10,000 or 3 times
the amount of levy that was or was intended to be evaded by his
conduct. whichever is the greater.





(2) Any person who-

(a)with intent to deceive, produces, supplies or sends for the
purposes of this Ordinance or otherwise makes use for those
purposes of any document or record which is false in a
material particular; or

(b)in providing any information for the purposes of this
Ordinance, makes any statement which he knows to be false in
a material particular or recklessly makes a statement which is
false in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000 or 3 times the amount of any levy that was or was intended to be
evaded by his conduct, whichever is the greater.

36. The Governor in Council may by regulation provide for-

(a)records to be kept by employers, contractors and authorized
persons;

(b)information to be supplied by employers, contractors and
authorized persons;

(c) forms;

(d) any matter which is to be or may be prescribed;

(e)generally for the better carrying out of the provisions and
purposes of this Ordinance.





LAWS OF HONG KONG

INDUSTRIAL TRAINING (CONSTRUCTION

INDUSTRY) ORDINANCE

CHAPTER 317

(SUBSIDIARY LEGISLATION)



REVISED EDITION 1985

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG
Originally 53 of 1975. L.N. 258/75. 64 of 1976. L.N. 16/77. 7 of 1981. L.N. 215/75. Short title. Interpretation and application. (Cap. 123.) (Cap. 332.) Ordinance binding on the Crown. Establishment of Construction Industry Training Authority. Functions of the Authority. General powers of the Authority. Constitution of Authority. Chairman of the Authority. Meetings and proceedings of the Authority. Transaction of business by circulation of papers. Committees. Appointment of employees and conditions of employment. Staff benefits. Funds and property of the Authority. Estimates and financial year. Bank account. Investment of funds. Accounts. Auditors. Statements and reports to be laid on table of Legislative Council. Imposition of construction industry training levy. Rate of levy. Value of construction works. Contractor and authorized person to notify Authority when undertaking construction works. Notice by contractor and authorized person of payments made in respect of works etc. and of completion. Assessment. Payment of levy. Recovery of levy. Objection. Appeals. Furnishing of information and production of documents. (Cap. 360.) Evidence by certificate etc. Authentication, and production in evidence of documents. Appointment of authorized persons. (Cap. 123.) Offences. Regulations.

Abstract

Originally 53 of 1975. L.N. 258/75. 64 of 1976. L.N. 16/77. 7 of 1981. L.N. 215/75. Short title. Interpretation and application. (Cap. 123.) (Cap. 332.) Ordinance binding on the Crown. Establishment of Construction Industry Training Authority. Functions of the Authority. General powers of the Authority. Constitution of Authority. Chairman of the Authority. Meetings and proceedings of the Authority. Transaction of business by circulation of papers. Committees. Appointment of employees and conditions of employment. Staff benefits. Funds and property of the Authority. Estimates and financial year. Bank account. Investment of funds. Accounts. Auditors. Statements and reports to be laid on table of Legislative Council. Imposition of construction industry training levy. Rate of levy. Value of construction works. Contractor and authorized person to notify Authority when undertaking construction works. Notice by contractor and authorized person of payments made in respect of works etc. and of completion. Assessment. Payment of levy. Recovery of levy. Objection. Appeals. Furnishing of information and production of documents. (Cap. 360.) Evidence by certificate etc. Authentication, and production in evidence of documents. Appointment of authorized persons. (Cap. 123.) Offences. Regulations.

Identifier

https://oelawhk.lib.hku.hk/items/show/3224

Edition

1964

Volume

v20

Subsequent Cap No.

317

Number of Pages

19
]]>
Tue, 23 Aug 2011 18:32:08 +0800
<![CDATA[CENSUS AND STATISTICS (1989 PILOT CENSUS) ORDER]]> https://oelawhk.lib.hku.hk/items/show/3223

Title

CENSUS AND STATISTICS (1989 PILOT CENSUS) ORDER

Description






CENSUS AND STATISTICS (1989 PILOT CENSUS) ORDER

(Cap. 316, section 9)

[2 June 1989]

L.N. 157 of 1989 -

1. Citation

This order may be cited as the Census and Statistics (1989 Pilot Census)
Order.

2. Purpose of census

The Commissioner shall take a census of population to obtain particulars of
persons dwelling in Hong Kong and premises constituting living quarters or
households in Hong Kong, in order to test the organization and procedure for the
taking of a census of population under the Ordinance in 1991.

3. Sampling methods may be used

The Commissioner may use sampling methods for the collection of information
relevant to the census.

4. Occupants to give particulars
in accordance with schedules

For the purposes of the census taken under this order, each person occupying
premises constituting living quarters or households shall give the particulars
specified in the Schedule in respect of himself and the premises to the Commissioner
in such schedules as the Commissioner may issue for that purpose.

5. The census period

The Commissioner shall take the census under this order from 3 to 12
November 1989 (both dates inclusive).

6. Date for destruction of schedules

The Commissioner shall destroy all completed schedules collected or received
by census officers for the census to be taken under this order, and all copies of the
schedules, not later than 11 November 1990.





SCHEDULE

Particulars required to be given for-
(A) Persons-
Age
Sex
Relationship to head of household
Whether a usual member of the household
Whereabouts on census reference night
Marital status
School attendance
Educational attainment
Field of education
Usual language
Ability to speak other languages/dialects
Place of birth
Nationality
Duration of residence in Hong Kong
Duration of residence in present district
Previous district of residence
District of residence 5 years ago
Activity status
Industry
Occupation
Earnings from main employment
Whether having secondary employment
Earnings from other employment
Other cash income
(B) Premises-
Type of living quarters
Occupancy of living quarters
Number of households in living quarters
Number of occupants in living quarters
Type of accommodation
Tenure
Rent
Type of household
Household size
Usual household size
Household composition
Household income

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3223

Edition

1964

Volume

v20

Subsequent Cap No.

316

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:32:08 +0800
<![CDATA[CENSUS AND STATISTICS (ANNUAL SURVEY OF IMPORTS AND EXPORTS OF SERVICES) ORDER]]> https://oelawhk.lib.hku.hk/items/show/3222

Title

CENSUS AND STATISTICS (ANNUAL SURVEY OF IMPORTS AND EXPORTS OF SERVICES) ORDER

Description



CENSUS AND STATISTICS (ANNUAL SURVEY OF
IMPORTS AND EXPORTS OF SERVICES) ORDER

(Cap. 316, section 11)

[13 January 1984.]

1. This order may be cited as the Census and Statistics
(Annual Survey of Imports and Exports of Services) Order.

2. In this order, unless the context otherwise requires

-advertising and market research business' means any of the
following businesses-
(a) market research;
(b) producer, distributor or agent of advertising films or
commercials;
(c) local branch office of an advertising or market research
firm from outside Hong Kong;

,,aircraft business' means any of the following businesses(a) local
airline company or aircraft charterer; (b) local branch office of an
airline company or aircraft charterer from outside Hong Kong, (c)
general agent, general sales agent or ground handling agent of an
airline company from outside Hong Kong; (d) aircraft caterer or
aircraft repairer;

'business undertaking' means an undertaking carrying on any of the
following businesses(a) advertising and market research business;
(b) aircraft business; (c) cargo forwarding business; (d) cinema,
television and radio business; (e) financial assets dealing and
broking business; (f) hotel business; (g) insurance business;

R

(h) news transmission business;

(i) shipping business;

'cargo forwarding business' means the business of international air or
sea cargo removal, packaging, consolidation or forwarding agents;





'cinema, television and radio business' means any of the following

businesses

(a) film-studio, television-studio or radio-studio proprietor,

(b)producer, distributor or exhibitor of cinema or television films
or programmes;

(c)local handling agent or a producer or distributor of cinema or
television films or programmes from outside Hong Kong;

(d)local branch office of a producer or distributor of cinema or
television films or programmes from outside Hong Kong, or of a
radio broadcasting station from outside Hong Kong;

'financial assets dealing and broking business' means any of the

following businesses

(a)dealing and broking in stocks and shares, commodity futures
and gold bullion;

(b)local branch office of a dealer and broker in stocks and shares,
commodity futures and gold bullion from outside Hong Kong;

'hotel business' means the business of

(a) hotel proprietor, hotel management firm or consultant; or

(b)local branch office of a hotel management firm or consultant
from outside Hong Kong;

'insurance business' means any of the following businesses

(a) insurer;

(b) insurance agent, broker and other insurance services;

(c)local branch office of an insurance company from outside
Hong Kong,

dealing with either direct insurance business or reinsurance

business or both;

'news transmission business' means any of the following businesses

(a) news agency;

(b) newspaper or periodical proprietor;

(c)local branch office of a news agency or newspaper or
periodical proprietor from outside Hong Kong;

',shipping business' means any of the following businesses

(a) shipowner or ship operator;

(b) ship manager, agent or sub-agent;





(c)ship broker, ship chandler, ship or marine consultant, ship or
marine surveyor, ship piloting or other miscellaneous shipping
services;

(d)local branch office of a shipping company from outside Hong
Kong;

'survey' means the statistical survey as referred to in paragraph 3;

'survey period' means the survey period specified in or under
paragraph 6.

3. A statistical survey shall be carried out by the Commissioner
every year in respect of business undertakings in Hong Kong for the
purpose of compiling statistics relating to imports and exports of
services in the survey period.

4. For the purpose of a survey carried out in any year, information
in respect of the matters specified in the Schedule shall be given in
relation to business undertakings for the survey period and shall, not
later than 31 July in that year, or such later date as the Commissioner
may specify in any particular case, be furnished to the Commissioner in
accordance with such form of questionnaire as the Commissioner may
issue for that purpose.

5. The information required to be given under paragraph 4 in
respect of a business undertaking shall be given

(a)in the case of a business undertaking which is a body
corporate, by a director, secretary or other person concerned
in the management thereof,

(b)in the case of a business undertaking which is a partnership,
by any partner thereof,

(c)in any other case, by the proprietor of the business
undertaking.

6. For the purpose of this order, the survey period in relation to any
year in which a survey is carried out under paragraph 3 shall be the
calendar year immediately preceding that year or such other period of 12
consecutive months commencing in that calendar year and ending not
later than 31 March in the following year as the Commissioner may
specify in any particular case.

7. The use of sampling methods for the collection of information
relevant to the survey is hereby authorized.

8. This order shall apply in relation to a business undertaking
notwithstanding that it commenced business after the commencement of
a survey period or ceased to carry on business during that period.





9. All completed schedules collected or received by census officers
for a survey and all copies thereof shall be destroyed not later than 31
July in the third year following the year in which the survey is carried
out.

SCHEDULE [para. 4.]

MATTERS IN RESPECT OF WHICH INFORMATION IS REQUIRED TO
BE GIVEN

A. Advertising and Market Research Business

Nature of business.

Revenue earned from services (advertising agency, production of
advertising films and other commercials, market research and public
relations) rendered to clients from outside Hong Kong.

Expenses incurred in Hong Kong on behalf of clients from outside Hong
Kong, including such expenses as advertising, market research and media
billings paid to local firms.

Expenses incurred outside Hong Kong on behalf of local clients, including
such expenses as advertising, market research and media billings paid to
firms from outside Hong Kong.

Other expenses incurred outside Hong Kong, by type of
expense. B. Aircraft Business

(1)Local airline company or aircraft
charterer Nature of business.

Passenger revenue: transactions concluded within Hong Kong and outside
Hong Kong.

Cargo revenue on imports of goods into Hong Kong. on exports of goods
out of Hong Kong and on cargoes delivered between points outside Hong
Kong.

Expenses incurred outside Hong Kong, by type of expense.

(2)Local branch office of airline company or arcraft charterer from outside
Hong Kong

Nature of business.

Revenue of head office from services rendered in Hong Kong, by type of
revenue; freight revenue, passenger revenue, charter revenue. other
revenues.

Expenses of head office incurred in Hong Kong, by type of expense.

(3)General agent, general sales agent or ground handling agent of an airline
company from outside Hong Kong

Nature of business.

Revenue from acting as general agent, general sales agent or ground
handling agent of airline companies from outside Hong Kong.

Revenue collected in Hong Kong on behalf of airline companies from
outside Hong Kong. by type of revenue.

Expenses incurred in Hong Kong on behalf of airline companies from
outside Hong Kong. by type of expense.







Expenses incurred outside Hong Kong, by type of expense.

(4) Aircraft caterer or aircraft repairer
Nature of business.





Revenue from provision of aircraft catering or aircraft repairing services
to airline companies or aircraft charterers from outside Hong Kong.

Expenses incurred in Hong Kong on behalf of airline companies or
aircraft charterers from outside Hong Kong, by type of expense.

Expenses incurred outside Hong Kong, by type of
expense. C. Cargo Forwarding Business

Nature of business.

Items and values of cargo forwarding
revenues. Direct costs incurred in operation.

Gross profit on operation.

Expenses incurred outside Hong Kong, by type of
expense. D. Cinema, Television and Radio. Business

(1)Cinema, television and radio business (other than local branch office of
a producer or distributor of cinema or television films or progammes from
outside Hong Kong. or of a radio broadcasting station from outside Hong
Kong.)

Nature of business.

Revenue from firms from outside Hong Kong for sales of copyright or
distribution of cinema, radio or television films or programmes.

Payment due to firms from outside Hong Kong in connexion with
purchases of copyright or distribution of cinema, radio or television films
or programmes produced outside Hong Kong.

Expenses on film or programme production incurred outside Hong Kong.

Commissions received from firms from outside Hong Kong for handling
of films or programmes.

Revenue from producers from outside Hong Kong for provision of studio
and shooting facilities and film-developing services.

Expenses incurred outside Hong Kong, by type of expense.

(2) Local branch office of a producer or distributor of cinema or television
films or
programmes from outside Hong Kong, or of a radio broadcasting station
from
outside Hong Kong.
Nature of business.
Revenue of head office from local distribution or sales of cinema, radio or
television films or programmes produced outside Hong Kong.

Other revenues of head office from services rendered in Hong Kong, by
type of revenue.

Expenses of head office in Hong Kong, by type of
expense. E. Financial Assets Dealing and Broking Business

(1)Dealer and broker in stocks and shares, commodity futures and gold
bullion Nature of business.

Commissions or service charges received from clients from outside Hong
Kong.

Commissions or service charges paid to companies from outside Hong






Kong.

Expenses incurred outside Hong Kong, by type of expense.

(2)Local branch office of a dealer and broker in stocks and shares,
commodity futures and gold bullion from outside Hong Kong

Nature of business.





Commissions or service charges received from local clients and paid to
head office outside Hong Kong.

Commissions or service charges paid to local companies.

Expenses of head office in Hong Kong, by type of
expense. F. Hotel Business

(1)Hotel proprietor, hotel management firm or
consultant Nature of business.

Name and address of hotel management firms engaged.

Net revenue from hotel management or agency services rendered to firms
from outside Hong Kong.

Expenses on hotel management or agency services rendered by firms and
consultants from outside Hong Kong.

Expenses incurred outside Hong Kong, by type of expense.

(2)Local branch office of a hotel management firm or consultant from
outside Hong Kong

Nature of business,

Revenue collected in Hong Kong on behalf of head office from hotel
management services rendered to local hotel owners.

Operating expenses of local branch office and other expenses incurred in
Hong Kong by head office.

G. Insurance Business
(1) Insurer
Nature of business.
Gross premiums received, discounts. commissions and brokerage.

Gross value of claims paid and recoveries (including salvage and
subrogation).

(In respect of the above items of information, marine cargo insurers shall
give particulars referring to all business derived from both within Hong
Kong and outside Hong Kong; life insurers shall give separate particulars
referring to business derived from within Hong Kong and outside Hong
Kong., other insurers shall give particulars referring to business derived
from outside Hong Kong only.)

Net addition to life funds of life insurers in respect of Hong Kong
operations.

Provident fund administration and investment fees received by life
insurers. Reinsurance ceded to companies from outside Hong Kong;
reinsurance premiums ceded, reinsurance commissions received,
reinsurance claims received and reinsurance profit commissions received.

Reinsurance assumed from companies from outside Hong Kong;
reinsurance premiums assumed, reinsurance commissions paid, reinsurance
claims paid and reinsurance profit commissions paid.

Expenses incurred outside Hong Kong, by type of expense.

(2)Insurance agent, broker or other insurance
services Nature of business.

In respect of insurance transactions handled on behalf of insurance






companies from outside Hong Kong:

(i) Gross value of premiums received, discounts, commissions and
brokerage; reinsurance premiums ceded to local insurers and
reinsurance commissions received from local insurers.

(ii) Gross value of claims paid, recoveries (including salvage and
subrogation) and local reinsurers' shares of claims.





Revenue due from outside Hong Kong for services rendered.
Expenses incurred outside Hong Kong, by type of expense.

(3) Local branch office of an insurance company from outside Hong Kong
Nature of business.
In respect of policies written by head office in Hong Kong:

(i) Gross value of premiums received: discounts. commissions and
brokerage; reinsurance premiums ceded to local insurers and
reinsurance commissions received from local insurers.

(ii) Gross value of claims paid, recoveries (including salvage and
subrogation) and local reinsurers' shares of claims.

Net addition to life funds in respect of Hong Kong
operations. Provident fund administration and investment
fees received.

Expenses of head office in Hong Kong, by type of expense.
H. News Transmission Business

(1)News agency or newspaper or periodical
proprietor Nature of business.

Revenue from sales and subscription outside Hong Kong of local
newspapers and magazines.

Revenue from local sales and subscription of newspapers and magazines
published outside Hong Kong which the agency or proprietor represents.

Revenue from advertisers from outside Hong Kong for local
advertisements.

Revenue from firms from outside Hong Kong in respect of use of articles
or news transmitted outside Hong Kong. agency, representative services
and

other services.
Expenses in maintaining branch offices outside Hong Kong.

Expenses in employing agents, representatives, or correspondents.
including free-lance journalists, from outside Hong Kong.

Other expenses incurred outside Hong Kong, by type of expense.

(2)Local branch office of a news agency or newspaper or periodical
proprietor from outside Hong Kong

Nature of business.

Revenue of head office from news transmission services rendered in Hong
Kong.

Revenue of head office from local sales and subscriptions of newspapers
or periodicals.

Other revenue of head office from services rendered in Hong
Kong. Expenses of head office in Hong Kong, by type of expense.

I. Shipping Business

(1) Shipowner or ship operator
Nature of business.

Cargo revenues on imports of goods into Hong Kong. on exports of goods






out of Hong Kong and on cargoes delivered between ports outside Hong
Kong.

Passage money collected in Hong Kong and outside Hong Kong.

Revenue from chartering ships to operators from outside Hong
Kong. Expenses incurred outside Hong Kong, by type of expense.

(2) Ship manager, agent or sub-agent





Nature of business.

Names of ships attended to, their nationality and the number of calls of
each ship at Hong Kong.

Revenue from acting as agent, sub-agent or manager for shipowners or
ship operators from outside Hong Kong.

Revenue collected in Hong Kong on behalf of shipowners or ship
operators from outside Hong Kong in respect of passenger transportation,
chartering ships to local ship operators and other services.

Expenses incurred in Hong Kong on behalf of shipowners or ship
operators. by type of expense.

Expenses incurred outside Hong Kong, by type of expense.

(3)Ship broker, ship chandler, ship or marine consultant, ship or marine surveyor ship
piloting or other miscellaneous shipping services

Nature of business.
Revenue from services rendered to firms from outside Hong Kong.

Expenses incurred in Hong Kong on behalf of firms from outside Hong
Kong.
Expenses incurred outside Hong Kong. by type of expense.

(4)Local branch office of a shipping company from outside Hong Kong
Nature of business.

Revenue of head office from services rendered in Hong Kong by type of
revenue; freight revenue. passenger revenue, charter revenue and other
revenues.
Expenses of head office in Hong Kong. by type of expense.
L.N. 13/84. Citation. Interpretation. Survey of imports and exports of services. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

Abstract

L.N. 13/84. Citation. Interpretation. Survey of imports and exports of services. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

Identifier

https://oelawhk.lib.hku.hk/items/show/3222

Edition

1964

Volume

v20

Subsequent Cap No.

316

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:32:07 +0800
<![CDATA[CENSUS AND STATISTICS (QUARTERLY SURVEY OF RESTAURANT RECEIPTS AND PURCHASES) ORDER]]> https://oelawhk.lib.hku.hk/items/show/3221

Title

CENSUS AND STATISTICS (QUARTERLY SURVEY OF RESTAURANT RECEIPTS AND PURCHASES) ORDER

Description






CENSUS AND STATISTICS (QUARTERLY SURVEY OF

RESTAURANT RECEIPTS AND PURCHASES) ORDER

(Cap. 316, section 11)

[14 January 1983.]

1. This order may be cited as the Census and Statistics
(Quarterly Survey of Restaurant Receipts and Purchases) Order.

2. In this order, unless the context otherwise requires-

'restaurant' includes any place where prepared food or drink is sold for
immediate consumption, and any catering service;

'restaurant purchases by type' includes purchases of foodstuffs,
condiments used in preparing meals, alcoholic and nonalcoholic
drinks, and all other items for sale to customers;

'restaurant receipts by type' includes sales of foodstuffs and
beverages, irrespective of whether the sales are in cash or on
credit, and all other receipts from customers;

'survey' means the statistical survey referred to in paragraph 3;

'survey period' means the survey period specified under paragraph 6.

3. A statistical survey shall be carried out by the Commissioner on
the expiration of each survey period in respect of restaurants in Hong
Kong for the purpose of compiling statistics relating to the receipts and
purchases thereof in the survey period.

4. For the purpose of the survey, the particulars specified in the
Schedule shall be given in respect of restaurants for the survey period
and shall be furnished to the Commissioner in accordance with such
form of questionnaire as the Commissioner may issue for that purpose
and within such period as he may therein specify.

5. The particulars required to be given under paragraph 4 in respect
of a restaurant shall be given

(a)in the case of a restaurant which is a body corporate, by a
director, secretary or other person concerned in the
management thereof;

(b) in the case of a restaurant which is a partnership, by any

A

L


Survey of

partner thereof,
(c) in any other case, by the proprietor of the restaurant.

6. For the purpose of this order, the survey periods shall be(a)
January, February and March 1983; (b) each period of 3
consecutive months thereafter.





7. The use of sampling methods for the collection of par-
ticulars relevant to the survey is hereby authorized.

8. All completed schedules collected or received by census
officers for the surveys and all copies thereof shall be destroyed not
later than 2 years after the relevant survey period.

SCHEDULE [para. 4.1

PARTICULARS REQUIRED TO BE GIVEN IN RESPECT OF RESTAURANTS

Restaurant receipts by type.
Restaurant purchases by type.
L.N. 10/83. Citation. Interpretation. Quarterly survey of restaurant receipts and purchases. Particulars required to be given. Schedule. Persons required to give particulars. Survey periods. Sampling methods may be used. Date for destruction of schedules.

Abstract

L.N. 10/83. Citation. Interpretation. Quarterly survey of restaurant receipts and purchases. Particulars required to be given. Schedule. Persons required to give particulars. Survey periods. Sampling methods may be used. Date for destruction of schedules.

Identifier

https://oelawhk.lib.hku.hk/items/show/3221

Edition

1964

Volume

v20

Subsequent Cap No.

316

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:32:06 +0800
<![CDATA[CENSUS AND STATISTICS (ANNUAL SURVEY OF TRANSPORT AND RELATED SERVICES) ORDER]]> https://oelawhk.lib.hku.hk/items/show/3220

Title

CENSUS AND STATISTICS (ANNUAL SURVEY OF TRANSPORT AND RELATED SERVICES) ORDER

Description






CENSUS AND STATISTIC (ANNUAL SURVEY OF
TRANSPORT AND RELATED SERVICES) ORDER

(Cap. 316, section 11)

[13 January 1984.]

1. This order may be cited as the Census and Statistics (Annual
Survey of Transport and Related Services) Order.

2. In this order, unless the context otherwise requires-

survey' means the statistical survey referred to in paragraph 3;

-survey period' means the survey period specified in or under

paragraph 6,

-transport establishment- means any undertaking--

(a)engaged in the provision of transport services by land. water
or air;

(b) engaged in the business of renting transport equipment,

(c)acting as an agency, management company. branch or
representative office of an undertaking engaged in the
provision of transport services by land, water or air,.

(d)engaged in the provision of supporting services or services
allied to transport by land, water or air.

3. A statistical survey shall be carried out by the Commissioner
every year in respect of transport establishments in Hong Kong for the
purpose of compiling statistics relating to the business thereof in the
survey period.

4. For the purpose of a survey carried out in any year, information
in respect of the matters specified in the Schedule shall be given in
relation to transport establishments for the survey period and shall, not
later than 31 July in that year, or such later date as the Commissioner
may specify in any particular case, be furnished to the Commissioner in
accordance with such form of questionnaire as the Commissioner may
issue for that purpose.

5. The information required to be given under paragraph 4 in

TRAN
























respect of a transport establishment shall be given-

(a)in the case of a transport establishment which is a body
corporate, by a director, secretary or other person concerned
in the management thereof,

(b)in the case of a transport establishment which is a
partnership, by any partner thereof,





(c)in any other case, by, the proprietor of the transport
establishment.

6. For the purpose of this order, the survey period in relation to any
year in which a survey is carried out under paragraph 3 shall be the
calendar year immediately preceding that year or such other period of 12
consecutive months commencing in that calendar year and ending not
later than 31 March in the following year as the Commissioner may
specify in any particular case.

7. The use of sampling methods for the collection of information
relevant to the survey is hereby authorized.

8. This order shall apply in relation to a transport establishment
notwithstanding that it commenced business after the commencement
of a survey period or ceased to carry on business during that period.

9. All completed schedules collected or received by census officers
for a survey and all copies thereof shall be destroyed not later than 31
July in the third year following the year in which the survey is carried
out.

SCHEDULE [para. 4.1

MATTERS IN RESPECT OF WHICH INFORMATION IS TO BE GIVEN
F\

(1) Type of ownership
(2) Type of business activity
(3) Percentage of shareholding by, country of origin in of
investment/

(4)Name and address of establishment. nature of work and number of persons
engaged. (In the case of establishments submitting a combined return. this
information is required in relation to each establishment.)

(5) Particulars of business premises.

(6) Number and sex of persons engaged. by type
(7) Compensation of employees. by type.

(8) Operating expenses. by type.
(9) Business receipts. and other income and receipts, by type.

(10) Acquisitions. disposals. depreciation and stock of fixed assets. by
type.
L.N. 11/84. Citation. Interpretation. Annual survey of transport and related services. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

Abstract

L.N. 11/84. Citation. Interpretation. Annual survey of transport and related services. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

Identifier

https://oelawhk.lib.hku.hk/items/show/3220

Edition

1964

Volume

v20

Subsequent Cap No.

316

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:32:05 +0800
<![CDATA[CENSUS AND STATISTICS (ANNUAL SURVEY OF STORAGE, COMMUNICATION, FINANCING, INSURANCE AND BUSINESS SERVICES) ORDER]]> https://oelawhk.lib.hku.hk/items/show/3219

Title

CENSUS AND STATISTICS (ANNUAL SURVEY OF STORAGE, COMMUNICATION, FINANCING, INSURANCE AND BUSINESS SERVICES) ORDER

Description






CENSUS AND STATISTICS (ANNUAL SURVEY OF
STORAGE COMMUNICATION, FINANCING, INSURANCE
AND BUSINESS SERVICES) ORDER

(Cap. 316, section 11)

13 January 1984.1

1. This order may be cited as the Census and Statistics (Annual
Survey of Storage, Communication, Financing, Insurance and Business
Services) Order.

2. In this order, unless the context otherwise requires

'business services' includes accounting and auditing, advertising, data
processing, employment agency, equipment leasing, machinery
rental, legal, news agency and secretarial services;

'communication' includes postal, telephone, telegraph, radio and cable
communication, message delivery and message exchange services;

,,establishment' means an undertaking engaged in any of the following

(a) storage and warehousing;

(b) communication;

(e) financing;

(d) insurance;

(e) business services;

'financing' includes the business of all finance and investment
companies, loan, mortgage and discount companies, dealers or
brokers and exchanges in stocks and shares, commodity futures,
gold bullion and foreign exchange, pawnshops and money
changers, but does not include banks, deposit-taking companies
and representative offices of foreign banks;

'insurance' includes the business of insurers, reinsurers, agents and
brokers of all kinds of insurance and related insurance services;

',storage and warehousing' includes storage and warehousing facilities
for hire by the general public;

'survey' means the statistical survey referred to in paragraph 3;

'survey period' means the survey period specified in or under
paragraph 6.

3. A statistical survey shall be carried out by the Commissioner
every year in respect of establishments in Hong Kong for the purpose
of compiling statistics relating to the business thereof in the survey
period.





4. For the purpose of a survey carried out in any year, information
in respect of the matters specified in the Schedule shall be given in
relation to establishments for the survey period and shall, not later than
31 July in that year, or such later date as the Commissioner may specify
in any particular case, be furnished to the Commissioner in accordance
with such form of questionnaire as the Commissioner may issue for that
purpose.

5. The information required to be given under paragraph 4 in
respect of an establishment shall be given

(a)in the case of an establishment which is a body corporate, by
a director, secretary or other person concerned in the
management thereof,

(b)in the case of an establishment which is a partnership, by any
partner thereof,

(e) in any other case, by the proprietor of the establishment.

6. For the purpose of this order, the survey period in relation to any
year in which a survey is carried out under paragraph 3 shall be the
calendar year immediately preceding that year or such other period of 12
consecutive months commencing in that calendar year and ending not
later than 31 March in the following year as the Commissioner may
specify in any particular case.

7 The use of sampling method s for the collection of information
relevant to any survey is hereby authorized,

8. This order shall apply in relation to an establishment
notwithstanding that it commenced business after the commencement
of a survey period or ceased to carry on business during that period.

9. All completed schedules collected or received by census officers
for a survey and all copies thereof shall be destroyed not later than 31
July in the third year following the year in which the survey is carried
out.

SCHEDULE [para. 4.1

MATTERS IN RESPECT OF WHICH INFORMATION IS TO BE GIVEN

(1) Type of ownership.
(2) Type of business activity.
(3) Percentage of shareholding by country of origin of investment.

(4)Name and address of establishment, nature of work and number of persons
engaged. (In the case of establishments submitting a combined return, this
information is required in relation to each establishment.)





(5) Particulars of business premises.
(6) Number and sex of persons engaged, by type.
(7) Compensation of employees, by type.
(8) Operating expenses, by type.
(9) Cost of purchases of goods for sale.
(10) Stocks of materials, supplies and goods for sale, at the beginning and end of the
survey period.
(11) Business receipts, value of sales of goods, and other income and receipts. by
type.
(12) Acquisitions, disposals, depreciation and stock of fixed assets, by type.
(13) Premiums received and claims paid for direct insurance and inward reinsurance,
by type; particulars of insurance funds and reserves, by type; investment and
income from investment, by type; number of life policies in force, by type.
L.N. 12/84. Citation. Interpretation. Annual survey of storage, communication, financing, insurance and business services. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

Abstract

L.N. 12/84. Citation. Interpretation. Annual survey of storage, communication, financing, insurance and business services. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

Identifier

https://oelawhk.lib.hku.hk/items/show/3219

Edition

1964

Volume

v20

Subsequent Cap No.

316

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:32:04 +0800
<![CDATA[CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER]]> https://oelawhk.lib.hku.hk/items/show/3218

Title

CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER

Description


CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS,
DEPOSIT-TAKING COMPANIES AND REPRESENTATIVE
OFFICES OF FOREIGN BANKS) ORDER

(Cap. 316, section 11)

[14 January 1983.]

1. This order may be cited as the Census and Statistics
(Annual Survey of Banks, Deposit-taking Companies and Repre-
sentative Offices of Foreign Banks) Order.

2. In this order, unless the context otherwise requires-

'bank' means a bank licensed under the Banking Ordinance;

'business undertaking' means any of the following -

(a) a bank;

(b) a deposit-taking company;

(c) a representative office of a foreign bank;

'deposit-taking company' means a registered deposit taking or
a licensed deposit-taking company under the Deposit-taking
Companies Ordinance;

'survey' means the statistical survey referred to in paragraph 3;

'survey period' means the survey period specified in or under
paragraph 6.

3. A statistical survey shall be carried out by the Commissioner
every year in respect of business undertakings in Hong Kong
for the purpose of compiling statistics relating to banks, deposit-
taking companies and representative offices of foreign banks in the
survey period.

4. For the purpose of the survey, the particulars specified in the
Schedule shall be given in respect of business undertakings for the
survey period and shall, not later than 30 June following the survey
period, be furnished to the Commissioner in accordance with such form
of questionnaire as the Commissioner may issue for that purpose.

5. The particulars required to be given under paragraph 4 in respect
of a business undertaking shall be given by a director, secretary or other
person concerned in the management thereof.

6. For the purpose of this order, the survey period shall be the
calendar year immediately preceding the year on which the survey is
carried out or such other period of 12 consecutive months





commencing in that calendar year and ending not later than 31 March of
the following year as the Commissioner may specify in any particular
case.

7. The use of sampling methods for the collection of particulars
relevant to the survey is hereby authorized.

8. This order shall apply in relation to a business undertaking
notwithstanding that it commenced business after the commencement of
the survey period or ceased to carry on business during that period.

9. All completed schedules collected or received by census officers
for the survey and all copies thereof shall be destroyed not later than 30
June of the fourth year following the survey period in question.

SCHEDULE [para. 4.]

PARTICULARS REQUIRED TO BE GIVEN IN RESPECT OF BUSINESS
UNDERTAKINGS

A. Banks and Deposit-taking Companies

(1)Receipts for the provision of services to parents, branches, subsidiaries and
associates located outside Hong Kong.

Payments for services rendered by parents, branches, subsidiaries and
associates located outside Hong Kong.

Other expenses incurred outside Hong Kong including operating expenses
of representative offices located outside Hong Kong.

(2)Commissions and fees received in respect of credit, loan (excluding
syndicated loans) and bill transactions, such as advising, opening and
confirming documentary credits and collection of bills.

Charges received in respect of current account operations, executor and
trustee services, guarantees, portfolio management, remittances and
merchant banking advisory services.

Commissions and fees received in respect of syndication of loans.

(3)Service charges, commissions, fees and rental income received, less banking
service charges, commissions and fees paid.

Interest received less interest paid.
Profit or loss from foreign exchange dealing.

Dividends received and profit or loss from trading in
securities. Wages and salaries paid and other employee
benefits offered.

Rents paid.
Office stationery and supplies purchased.

Advertising, promotion, communication and entertainment
expenses. Staff travelling expenses.

Business consultancy and other professional fees and insurance premiums
paid less claims received.

Miscellaneous administrative expenses.

B. Representative Offices of Foreign Banks

Wages and salaries paid and other employee benefits offered to staff






located in Hong Kong.

Other operating expenses.
L.N. 7/83. Citation. Interpretation. (Cap. 155.) (Cap. 328.) Survey of business undertakings. Particulars to be given. Schedule. Persons required to give particulars. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

Abstract

L.N. 7/83. Citation. Interpretation. (Cap. 155.) (Cap. 328.) Survey of business undertakings. Particulars to be given. Schedule. Persons required to give particulars. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

Identifier

https://oelawhk.lib.hku.hk/items/show/3218

Edition

1964

Volume

v20

Subsequent Cap No.

316

Number of Pages

2
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