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PYRAMID SELLING PROHIBITION

PYRAMID SELLING PROHIBITION (CHAPTER 355) Whole document: To prohibit the promotion of pyramid selling schemes and to provide for connected matters.

[1 September 1980.] 1. Short title.

This Ordinance may be cited as the Pyramid Selling Prohibition Ordinance.

2. Interpretation.

In this Ordinance, unless the context otherwise requires- "goods" includes all chattels personal and things in action; "promote" means establish, advertise, manage or assist in the management of a pyramid selling scheme; "pyramid selling scheme" means a scheme whereby- (a) a participant in the scheme is granted a licence or right to introduce another participant into the scheme who is also granted such licence or right and who may further extend the chain of persons who are granted such licence or right, notwithstanding that there may be a limitation to the number of participants or that there may be any further conditions affecting eligibility for such licence or right; and (b) a participant receives a reward on, or at any time after, the introduction into the scheme by him of another participant which reward is based, whether wholly or in part, otherwise than on the fair market value of goods or services actually sold by him or by or through that other participant; "reward" includes, refund, commission, discount or allowance but does not include payment for sales demonstration equipment and materials supplied at not more than their fair market value and not resold.

3. Offence of promoting a pyramid selling scheme.

Any person who knowingly promotes a pyramid selling scheme commits an offence and is liable on conviction upon indictment to a fine of $ 100,000 and to imprisonment for 3 years.

4. Liability of directors, partners etc.

(1) Where an offence under this Ordinance has been committed by a body corporate or member of a body unincorporate, any person who at the time of the offence- (a) in the case of a body corporate, was a director, secretary, principal officer or manager of that body corporate; or (b) in the case of a member of a body unincorporate, was a partner or office holder in or a member or manager of that body unincorporate, or who, in either case, was acting or purporting to act in any such capacity commits a like offence.

(2) Where any person referred to in subsection (1) is charged with an offence under this Ordinance it shall be a defence for him to prove that the offence was committed without his consent or connivance and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and to all other circumstances.

5. Power to award compensation.

(1) Notwithstanding any provision in any other Ordinance, where a person is convicted of an offence under this Ordinance the court may, in addition to passing such sentence as may otherwise be passed by law, order the person so convicted to pay to any person who has suffered financial loss resulting from that offence, such amount as compensation as it thinks reasonable.

(2) An amount ordered as compensation under subsection (1) shall be recoverable as a civil debt by the person in whose favour the order is made.

6. Saving of rights and claims.

Nothing in this Ordinance shall prejudice the enforcement by any person of any right or claim against any person ceasing to promote a pyramid selling scheme by reason of this Ordinance.

3. Offence of promoting a pyramid selling scheme.

Any person who knowingly promotes a pyramid selling scheme commits an offence and is liable on conviction upon indictment to a fine of $ 100,000 and to imprisonment for 3 years.

4. Liability of directors, partners etc.

(1) Where an offence under this Ordinance has been committed by a body corporate or member of a body unincorporate, any person who at the time of the offence- (a) in the case of a body corporate, was a director, secretary, principal officer or manager of that body corporate; or (b) in the case of a member of a body unincorporate, was a partner or office holder in or a member or manager of that body unincorporate, or who, in either case, was acting or purporting to act in any such capacity commits a like offence.

(2) Where any person referred to in subsection (1) is charged with an offence under this Ordinance it shall be a defence for him to prove that the offence was committed without his consent or connivance and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and to all other circumstances.

5. Power to award compensation.

(1) Notwithstanding any provision in any other Ordinance, where a person is convicted of an offence under this Ordinance the court may, in addition to passing such sentence as may otherwise be passed by law, order the person so convicted to pay to any person who has suffered financial loss resulting from that offence, such amount as compensation as it thinks reasonable.

(2) An amount ordered as compensation under subsection (1) shall be recoverable as a civil debt by the person in whose favour the order is made.

6. Saving of rights and claims.

Nothing in this Ordinance shall prejudice the enforcement by any person of any right or claim against any person ceasing to promote a pyramid selling scheme by reason of this Ordinance.


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