唐炜臻的证券会活动

唐炜臻 · 发表于 2015-11-15 21:19:38

http://file:///C:/DOCUME~1/T/LOCALS~1/Temp/msohtmlclip1/01/clip_image002.gifOntario

Ontario Commission des Securities valeurs mobilieres Commission de !'Ontario

22nd Floor

20 Queen Street WestToronto ON M5H 388

22e etage

20, rue queen ouest Toronto ON M5H 388

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IN THEMATTER OF THE SECURITIES ACT,

R.S.O. 1990, c. S.5, AS AMENDED

- and -

IN THE MATTER OF WEIZHEN TANG

Order

(Subsections 127(1) and 127(10))

WHEREAS on September 30, 2013, the OntarioSecurities Commission (the "Commission") issued a Noticeof Hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990 c. S.5 asamended (the "Act") accompanied by a Statement of Allegations ofStaff of the Commission ("Staff ') dated September 30, 2013 withrespect to Weizhen Tang ("Tang");

AND WHEREAS the Notice of Hearing stated that a hearing would be held at the offices of the Commission on November 13, 2013;

AND WHEREAS on November 13, 2013, Staff attended thehearing and filed the Affidavits of Service of Jeff Thomson sworn October 4, 2013 demonstrating personal service of the Notice of Hearing and Statement of Allegations on Tang;

AND WHEREAS Tang did not attend the hearing nor was he represented by counsel;

AND WHEREAS Tang's wife attended the hearing and addressed the Panel;

AND WHEREAS on November 13, 2013, Staff requested that thehearing be adjoumed to January 2014;

AND WHEREAS the Commission ordered that the hearing beadjourned to January 21, 2014 at 10:00 a.m.;

AND WHEREAS on January 21, 2014, Counsel for Staff attended the hearing andfiled the Affidavit of Service of TiaFaerber sworn January 17, 2014 as Exhibit "l" demonstratingservice of the Commission's Order dated November 13, 2013 on Tang;

AND WHEREAS Tang did not attend the hearing nor was he represented by counsel;

AND WHEREAS Tang's wife, Hong Xiao, attended the hearing and addressed the

Panel;

AND WHEREAS on January 21, 2014, Counsel for Staffrequested that the hearing be adjourned to February 24, 2014;

AND WHEREAS on January 21, 2014, the Commissionordered that the hearing be adjourned toFebruary 24, 2014 at 10:00 a.m.;

AND WHEREAS in advance of the hearing onFebruary 24, 2014, Staff filed the Affidavit of Service of Tia Faerber,sworn February 18, 2014 demonstrating service of the Commission's Order dated January 21, 2014 on Tang;

AND WHEREAS on February 24, 2014, Counsel for Staff attended the hearing and made submissions;

AND WHEREAS Tang did not attend the hearing nor was he represented by counsel;

AND WHEREAS Tang's wife, Hong Xiao, attended the hearing and addressed the

Panel;

AND WHEREAS the Commission ordered that the hearing be adjourned to October 27, 2014 at 2:00 p.m.;

AND WHEREAS in advance of the hearing on October 27,2014, Staff filed the Affidavit of Alice Hewitt sworn October 22, 2014demonstrating service of the Commission's Order datedFebruary 24, 2014 on Tang;

AND WHEREAS on October 27, 2014, Counsel for Staff attended the hearingand made submissions;

AND WHEREAS Tang did not attend the hearing nor was he represented by counsel;

AND WHEREAS the Commission ordered that the hearing be adjourned to April 27, 2015 at9:00 a.m.;

AND WHERES in advance of the hearing on April 27,2015, Staff filed the Affidavit of Service of Alice Hewitt sworn March 2, 2015demonstrating service of the Commission's Order dated October 28, 2014 on Tang;

AND WHEREAS on April 27, 2015, Counsel for Staff attended the hearing andmade submissions;

AND WHEREAS Tang did not attend the hearing nor was he represented by counsel;

AND WHEREAS on April 27, 2015, the Commission ordered that the hearing be adjourned toSeptember 14, 2015 at 10:00 a.m.;

AND WHEREAS in advance of the hearing on September14, 2015, Staff filed the Affidavit of Service of Alice Hewitt swornJune 23, 2015 demonstrating service of the Commission's Order dated April 27, 2015 on Tang;

AND WHEREAS on September 14, 2015, Counsel for Staffattended the hearing and made submissions;

AND WHEREAS Tang attended the hearing and made submissions;

AND WHEREAS the Commission ordered that the hearing beadjourned to October 2, 2015 at 9:00a.m.;

AND WHEREAS in advance of the hearing on October 2, 2015, Staff filed theAffidavit of Alice Hewitt swornSeptember 23, 2015 demonstrating service of the Commission's Order dated September 14, 2015 onTang;

AND WHEREAS on October 2, 2015, Counsel for Staffattended the hearing and made submissions;

AND WHEREAS Tang attended the hearing and made submissions;

AND WHEREAS on October 2, 2015, the Commission orderedthat a pre-hearing conference be scheduled for Friday, November 6, 2015 at9:00 a.m., and the hearing on themerits (the "Merits Hearing") be scheduled for January 13, 14and 15, 2016;

AND WHEREAS in advance of the pre-hearing conferenceon November 6, 2015, Staff filed the Affidavit of Service of Alice Hewitt sworn October 7, 2015demonstrating service of the Commission's Order dated October 2, 2015 on Tang and also filed theAffidavit of Service of Anne Paiement sworn October 5, 2015demonstrating service of Staff s first tranche of disclosure in connection withthis proceeding on Tang;

AND WHEREAS in advance of the pre-hearing conferenceon November 6, 2015, Tang filed Pre-Hearing Conference Submissions, expressinghis intention to call a number of investors and current and former Commission staff members as witnesses;

AND WHERAS in advance of the pre-hearing conference onNovember 6, 2015, Tang brought an application seeking relief pertaining to the freezing of certain funds held by

Interactive Brokers Ltd. on behalf of corporations controlled by Tang byOrder of the Ontario Superior Court of Justice (the "Frozen Funds Application");

AND WHEREAS on November 6, 2015, Counsel for Staffattended the pre-hearing conference and made submissions and Tang attended thepre-hearing conference and made submissions;

AND WHEREAS the Commission is of the opinion that it isin the public interest to make this Order;

ITIS ORDERED THAT:

(a) Subject to the authority of the Panel presidingover the Merits Hearing, Tang shall not be permitted tosummon as witnesses at the Merits Hearing any of the three Staff membersidentified as prospective witnesses in Tang's Pre-Hearing Conference Submissions;

(b) Subject to the authority of the Panelpresiding over the Merits Hearing, Tang shall be permitted to summon no more than sixinvestor witnesses at the Merits Hearing unless Tang provides the Panel withcompelling reasons for doing so;

(c) Subject to the authority of the Panel presidingover the Merits Hearing, the evidence that Tang may lead at the Merits Hearing shall be restricted to matters relevant to the appropriatesanction or sanctions that may be imposed on Tang under subsection 127(10) of the SecuritiesAct;

(d) Tang shall file and serve witness statementsfor the witnesses he intends to summon by no later than November20, 2015, setting out their names and disclosing the substance of their anticipated evidence at the hearing on the merits;

(e) Any hearing of the Frozen Funds Application,which would include a determination of the authority of a Panelto grant any relief in respect of such Application, shall be adjourned sine die pending the disposition of themotion brought by Representative Counsel before the Superior Court of Justiceand served on Tang on November 6, 2014;

(f) Staff shall advise the Commission, through the office ofthe Secretary, of the disposition of such motion by Representative Counsel and, if the motion is not

disposedof in a timely fashion, Staff shall so alert the office of the Secretary forthe purpose of permitting the Frozen Funds Application to be spoken to further;

(g) Staff and Tang shall each deliver a HearingBrief by no later than December 1, 2015; and

(h) A further pre-hearing conference shall be held on November 25, 2015 at 9:00 a.m.

DATED at Toronto this 11th day of November, 2015.

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Christopher Portner