Page:Pyramid Schemes Prohibition Ordinance (Cap. 617).pdf/3

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Pyramid Schemes Prohibition Ordinance

A1375
Section 3
Ord. No. 22 of 2011

(ii) a financial or non-financial benefit partly to, or for the benefit of, the new participant and partly to, or for the benefit of, another person;
(c) the recruitment payment referred to in paragraph (b) is entirely or substantially derived from the introduction to the scheme of a further new participant.

(2) A scheme may be a pyramid scheme regardless of—

(a) who holds out to a new participant the prospect of entitlement to a recruitment payment;
(b) who is to make a recruitment payment to a new participant; and
(c) who is to introduce a further new participant to the scheme.

(3) A scheme may be a pyramid scheme even if it has any or all of the following characteristics—

(a) the scheme involves the marketing of goods or services (or both);
(b) a participation payment may or must be made after a new participant begins to participate in the scheme;
(c) making a participation payment is not the only requirement in order to be eligible to participate in the scheme;
(d) making a participation payment is not the only requirement in order to be eligible to receive a recruitment payment under the scheme;
(e) the holding out of the prospect of entitlement to a recruitment payment does not give any new participant a legally enforceable right;
(f) the arrangement for the scheme is not recorded in writing (whether entirely or partly).