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Hong Kong


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.