Article 38 - Involvement in Contraventions
(1) If a Person is knowingly concerned in the contravention of these Regulations or any other Regulations conferring functions on the QFC Authority committed by another Person, the aforementioned Person as well as the other person, commits the contravention and is liable to be proceeded against and dealt with accordingly.
(2) For the purposes of this Article 36, a Person is "knowingly concerned" in a contravention if, and only if, the Person:
(A) has aided, abetted, counselled or procured the contravention;
(B) has induced, whether by threats or promises or otherwise, the contravention;
(C) has in any way, by act or omission, directly or indirectly, been knowingly involved in or been party to, the contravention;
(D) has conspired with another or others to effect the contravention; or
(E) has, alone or in concert with others, directly or indirectly, done, attempted or planned any of the following:
(i) to conceal the existence or nature of a contravention; or
(ii) to obstruct, impede or prevent the QFC Authority, the Regulatory Authority or the CRO from detecting, investigating or prosecuting a contravention.
(3) In this Article 36, "Person" does not include the QFC Authority, the Regulatory Authority or the CRO.
|Derived (as from 22nd September 2016).|