PYRAMID SELLING PROHIBITION ——附加英文版
PYRAMID SELLING PROHIBITION
(CHAPTER 355)
Whole document:
rohibit the promotion of pyramid selling schemes and to
provide for
ected matters.
eptember 1980.]
1. Short title.
Ordinance may be cited as the Pyramid Selling Prohibition
Ordinance.
2. Interpretation.
his Ordinance, unless the context otherwise requires--
ds" includes all chattels personal and things in action;
mote" means establish, advertise, manage or assist in the
management
pyramid selling scheme;
amid selling scheme" means a scheme whereby--
a participant in the scheme is granted a licence or right to
introduce
her participant into the scheme who is also granted such
licence or
t and who may further extend the chain of persons who are granted
such
nce or right, notwithstanding that there may be a limitation to
the
er of participants or that there may be any further
conditions
cting eligibility for such licence or right; and
a participant receives a reward on, or at any time
after, the
oduction into the scheme by him of another participant which
reward is
d, whether wholly or in part, otherwise than on the fair market
value
oods or services actually sold by him or by or through that
other
icipant;
ard" includes, refund, commission, discount or allowance but does
not
ude payment for sales demonstration equipment and materials
supplied
ot more than their fair market value and not resold.
3. Offence of promoting a pyramid selling scheme.
person who knowingly promotes a pyramid selling scheme
commits an
nce and is liable on conviction upon indictment to a fine of $
100,000
to imprisonment for 3 years.
4. Liability of directors, partners etc.
Where an offence under this Ordinance has been committed by a
body
orate or member of a body unincorporate, any person who at the
time of
offence--
in the case of a body corporate, was a director, secretary,
principal
cer or manager of that body corporate; or
in the case of a member of a body unincorporate, was a
partner or
ce holder in or a member or manager of that body unincorporate,
ho, in either case, was acting or purporting to act in
any such
city commits a like offence.
Where any person referred to in subsection (1) is charged
with an
nce under this Ordinance it shall be a defence for him to prove
that
offence was committed without his consent or connivance and
that he
cised such diligence to prevent the commission of the offence
as he
t to have exercised having regard to the nature of his functions
and
ll other circumstances.
5. Power to award compensation.
Notwithstanding any provision in any other Ordinance, where a
person
onvicted of an offence under this Ordinance the court may, in
addition
assing such sentence as may otherwise be passed by law,
order the
on so convicted to pay to any person who has suffered financial
loss
lting from that offence, such amount as compensation as it
thinks
onable.
An amount ordered as compensation under subsection (1)
shall be
verable as a civil debt by the person in whose favour the
order is
.
6. Saving of rights and claims.
ing in this Ordinance shall prejudice the enforcement by any
person of
right or claim against any person ceasing to promote a pyramid
selling
me by reason of this Ordinance.