Hong Kong Ordinances

SECURITIES AND FUTURES ORDINANCE - SECT 102

Interpretation of Part IV

PART IV

OFFERS OF INVESTMENTS

Division 1-Interpretation

(1) In this Part, unless the context otherwise requires-

"advertisement" (廣告) includes every form of advertising, whether made
orally or produced mechanically, electronically, magnetically, optically,
manually or by any other means;

"approved person" (核准人士)-

   (a)  in relation to a collective investment scheme, means an individual
        approved by the Commission under section 104(3); or

   (b)  in relation to the issue of an advertisement, invitation or document,
        means an individual approved by the Commission under section  105 (3);

"document" (文件) means any publication (including a newspaper, magazine or
journal, a poster or notice, a circular, brochure, pamphlet or handbill, or a
prospectus)-

   (a)  directed at, or the contents of which are likely to be accessed or
        read (whether concurrently or otherwise) by, the public; and

   (b)  whether produced mechanically, electronically, magnetically,
        optically, manually or by any other means;

"exempted body" (獲豁免團體) means a body specified in Part 3 of Schedule
4;

"invitation" (邀請) includes an offer and an invitation, whether made orally
or produced mechanically, electronically, magnetically, optically, manually or
by any other means;

"issue" (發出), in relation to any material (including any advertisement,
invitation or document), includes publishing, circulating, distributing or
otherwise disseminating the material or the contents thereof, whether-

   (a)  by any visit in person;

   (b)  in a newspaper, magazine, journal or other publication;

   (c)  by the display of posters or notices;

   (d)  by means of circulars, brochures, pamphlets or handbills;

   (e)  by an exhibition of photographs or cinematograph films;

   (f)  by way of sound or television broadcasting;

   (g)  by any information system or other electronic device; or

   (h)  by any other means, whether mechanically, electronically,
        magnetically, optically, manually or by any other medium, or by way of
        production or transmission of light, image or sound or any other
        medium, and also includes causing or authorizing the material to be
        issued;

"relevant authority" (監管當局), in relation to a place outside Hong Kong,
means an authority which the Monetary Authority is satisfied is a recognized
banking supervisory authority of that place;

"representative" (代表)-

(a) in relation to a licensed corporation, means an individual-

        (i)    who is licensed as a licensed representative for a regulated
               activity; and

        (ii)   who carries on that regulated activity for the licensed
               corporation as a licensed corporation to which he is
               accredited; or

   (b)  in relation to a registered institution, means an individual-

        (i)    whose name is entered in the register maintained by the
               Monetary Authority under section 20 of the Banking Ordinance (
               Cap 155) as that of a person engaged by the registered
               institution in respect of a regulated activity; and

        (ii)   who carries on that regulated activity for the registered
               institution.

(2) For the purposes of this Part-

   (a)  an advertisement, invitation or document issued by a person shall be
        regarded as being issued by him on every day on which he causes or
        authorizes it to be so issued;

   (b)  an advertisement, invitation or document issued by one person on
        behalf of another shall be regarded as an advertisement, invitation or
        document (as the case may be) issued by both persons.

"advertisement" (廣告)

"approved person" (核准人士)

"document" (文件)

"exempted body" (獲豁免團體)

"invitation" (邀請)

"issue" (發出)

"relevant authority" (監管當局)

"representative" (代表)