Cap. 34activeordinance

Money Changers Ordinance

貨幣兌換商條例

Full legislation

s.11

Criminal liability

(1)
If a person employed by a money changer does an act which would be an offence under this Ordinance if done by a money changer, each of the following persons is guilty of that offence as if he were a money changer who had committed the offence and each person is liable to the penalty prescribed for the
offence—
(a)
the person employed by the money changer;
(b)
the money changer, unless the money changer took reasonable steps to prevent the commission of the offence; and
(c)
where the employer of the person is a corporation, each director, manager, secretary and other similar officer of the corporation and any person purporting to act in any of those capacities unless he took reasonable steps to prevent the commission of the offence.
(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 a director of the corporation acts.
(3)
A person shall not, by reason only that a director of the corporation acts on
                advice given by him in a professional capacity, be taken to be a person in
                accordance with whose directions or instructions a director
                acts.
(4)
If a partner in a partnership of money changers commits an offence under this Ordinance, each other partner shall be guilty of the offence unless he took reasonable steps to prevent the commission of the offence.
(5)
Where under this section a person employed by a money changer is deemed to have committed an
offence—
(a)
his employer; and
(b)
where the employer is a corporation, each director, manager, secretary, person purporting to act as a director, manager or secretary of the corporation,
is presumed, in the absence of evidence to the contrary, to have not taken reasonable steps to prevent the commission of the offence.
(6)
Where a money changer who is in a partnership with another money changer commits an offence, the partner of that money changer is presumed, in the absence of evidence to the contrary, to have not taken reasonable steps to prevent the commission of the offence.