Settlements

Eric Siu Fung Ko [Sec. 144]

BCSECCOM #:
Document Type:
Sec. 144
Published Date:
1996-08-30
Effective Date:
1996-08-21
Details:


IN THE MATTER OF The Securities Act, S.B.C. 1985, c. 83
AND IN THE MATTER OF Eric Siu Fung Ko
Order Under Section 144
D.E. Holley
August 21, 1996

ORDER:-- WHEREAS an Agreed Statement of Facts and Undertaking was executed by Eric Siu Fung Ko ("Ko") and the Executive Director, a copy of which is attached hereto as Schedule "A" (the "Agreed Statement");

NOW THEREFORE the Executive Director, considering that it would be in the public interest to do so, orders, BY CONSENT, that:

1.under section 144(1)(a) of the Securities Act, S.B.C. 1985, c. 83 (the "Act"), Ko comply with sections 20 and 42 of the Act;
2.under section 144(1)(b) of the Act, Ko cease trading in Forex Contracts, as defined in the Agreed Statement, until such time as:
(a)at least five (5) years have elapsed from July 22, 1996; and
(b)Ko provides payment in full to the British Columbia Securities Commission of the amount set out in paragraph 3 of the Agreed Statement; and
3.under section 144(1)(d) of the Act, Ko is prohibited from becoming or acting as a director or officer of any issuer until such time as:
(a)at least five (5) years have elapsed from July 22, 1996;
(b)Ko successfully completes a course of study satisfactory to the Executive Director regarding the duties and responsibilities of directors and officers of companies; and
(c)Ko provides payment in full to the British Columbia Securities Commission of the amount set out in paragraph 3 of the Agreed Statement.
D.E. HOLLEY, Executive Director

* * * * *
SCHEDULE "A"
IN THE MATTER OF THE SECURITIES ACT
S.B.C. 1985, c. 83
AND
IN THE MATTER OF ERIC SIU FUNG KO
Agreed Statement of Facts and Undertaking

The following agreement has been reached between Eric Siu Fung Ko ("Ko") and the Executive Director:

1.As the basis for the orders described in paragraph 2 and undertaking in paragraph 3 of this agreement, Ko acknowledges the following facts as correct:
(a)Goldman Stanley Consultants Inc. ("Goldman Stanley") is a private company incorporated in British Columbia under the Company Act, R.S.B.C. 1979, c. 59;
(b)Ko was:
(i)an owner of a 50% interest in Goldman Stanley during the period February 17, 1993 to November 3, 1994;
(ii)on the corporate record of Goldman Stanley as director and secretary during the period February 17, 1993 to May 1, 1995 (subsequent to November 3, 1994 when Ko transferred his ownership interest to Andy Chan, a.k.a. Ying Leung Chan, Ko did not intend to and did not fulfill any duties and responsibilities of a director and secretary); and
(iii)an office manager of Goldman Stanley from February 17, 1993 until approximately September 1995;
(c)during the period from approximately January 1994 until approximately July 1995, Goldman Stanley was engaged in the business of trading in securities in British Columbia, as described in paragraphs 1(d) - (e) below;
(d)Goldman Stanley acted as agent in British Columbia for Chinamax International Investment Ltd., a company incorporated in Hong Kong, and Top Rank (Macau) Investment Co. Ltd., a company incorporated in Macau, (collectively, the "Dealers").  The Dealers were in the business of entering into contracts with members of the public in British Columbia (the "Clients") that provide the Clients with the opportunity to speculate on the daily fluctuations of exchange rates of foreign currencies and of precious metal prices by purchasing or selling those currencies or precious metals on margin (collectively, the "Forex Contracts");
(e)Goldman Stanley, in its capacity as agent in British Columbia for the Dealers, participated in the business described in paragraph 1(d) above by, among other things:
(i)providing Clients with forms of agreements to enter into with the Dealers and overseeing the signing of these agreements;
(ii)operating offices and/or phone services within British Columbia which provided a facility for Clients to obtain information about and enter into the Forex Contracts;
(iii)placing advertisements for the recruitment of individuals to solicit Clients and to assist Clients in entering into the Forex Contracts;
(iv)providing seminars and training sessions regarding various aspects of the business of the Dealers and of Goldman Stanley and various aspects of trading in Forex Contracts;
(v)facilitating the payment of commissions to those who solicited Clients and traded Forex Contracts on behalf of Clients; and
(vi)establishing and maintaining bank accounts and conducting financial transactions to facilitate the Dealers' business in British Columbia;
(f)Ko facilitated the trading activities at Goldman Stanley by his involvement as an owner, director, secretary and office manager and by personally participating in the setting up of Goldman Stanley and the administrative activities, which, subsequent to November 3, 1994, included doing the bookkeeping;
(g)Ko, Goldman Stanley and the Dealers were not registered to trade in securities, referred to in paragraph 1(d) above as Forex Contracts, under section 20 of the Act;
(h)no prospectus was filed in respect of the securities, referred to in paragraph 1(d) above as Forex Contracts, of the Dealers as required under section 42 of the Act; and
(i)on November 8, 1995, the Superintendent of Brokers issued a Notice of Hearing under section 144 of the Securities Act, S.B.C. 1985, c. 83 (the "Act"), in which Ko, Goldman Stanley and others were named as respondents, concerning the matters referred to in paragraphs 1(c) - (h) above.
2.Ko consents to an order (the "Order") by the Executive Director that:
(a)under section 144(1)(a) of the Act, Ko comply with sections 20 and 42 of the Act;
(b)under section 144(1)(b) of the Act, Ko cease trading in Forex Contracts until such time as:
(i)at least five (5) years have elapsed from the date of the Order; and
(ii)Ko provides payment in full to the British Columbia Securities Commission of the amount set out in paragraph 3 of this agreement;
(c)under section 144(1)(d) of the Act, Ko is prohibited from becoming or acting as a director or officer of any issuer until such time as:
(i)at least five (5) years have elapsed from the date of the Order;
(ii)Ko successfully completes a course of study satisfactory to the Executive Director regarding the duties and responsibilities of directors and officers of companies; and
(iii)Ko provides payment in full to the British Columbia Securities Commission of the amount set out in paragraph 3 of this agreement.
3.Ko undertakes to pay the British Columbia Securities Commission the sum of $5,000.
4.Ko waives any right he may have, under the Act or otherwise, to a hearing, hearing and review, judicial review or appeal related to, in connection with, or incidental to this agreement or the related Order.
DATED at Vancouver, British Columbia, on July 20, 1996.

)
Witness Signature    )
)
DONNA L. BOBBETT    )
Name (Please Print) )
)Eric Siu Fung Ko
1100 - 865 HORNBY ST)
Address   VANCOUVER )
INVESTIGATOR         )
Occupation           )

DATED at Vancouver, British Columbia, on July 22, 1996.