IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
KWOK-ON ALOYSIUS LO
(Sections 127 and 127.1)
WHEREAS on March 2, 2009 the Commission issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act (the "Act") in respect of Kwok-On Aloysius Lo's trading in the shares of 8 listed securities;
AND WHEREAS on March 2, 2009, Staff of the Commission filed a Statement of Allegations;
AND WHEREAS Kwok-On Aloysius Lo and Staff of the Ontario Securities Commission entered into a settlement agreement dated March 2, 2009 (the "Settlement Agreement") in relation to the matters set out in the Statement of Allegations;
AND WHEREAS the Commission issued a Notice of Hearing dated March 2, 2009 setting out that it proposed to consider the Settlement Agreement;
UPON reviewing the Settlement Agreement, the Notice of Hearing, the Statement of Allegations, and upon considering submissions of Staff of the Commission and of counsel for Kwok-On Aloysius Lo;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS HEREBY ORDERED, PURSUANT TO SECTIONS 127 AND 127.1 OF THE ACT, THAT:
(a) the settlement agreement is approved;
(b) the Respondent is prohibited from becoming a registrant under Ontario securities law for a period of 10 years commencing on the date of the Commission's order;
(c) the Respondent is prohibited from trading or acquiring securities for a period of 5 years commencing on the date of the Commission's order, subject to the exception that the Respondent will be permitted to trade in one RRSP account in his own name (which he will identify in writing to the Staff of the Commission), provided that the trades in the RRSP account are limited to trades in mutual fund units, guaranteed investment certificates, treasury bills, debt instruments that cannot be converted (directly or indirectly) into shares or securities listed on the Toronto Stock Exchange or New York Stock Exchange;
(d) the exemptions contained in Ontario securities law do not apply to the Respondent for a period of 5 years commencing on the date of the Commission's order;
(e) the Respondent pay disgorgement of $18,641.00, to be allocated to or for the benefit of third parties under s. 3.4(2)(b) of the Act; and
(f) the Respondent pay the Commission's costs of the investigation in the amount of $5,000.00.
Dated at Toronto, Ontario this 5th day of March 2009
"Lawrence E. Ritchie"
"Carol S. Perry"