IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c.S.5, AS AMENDED
- AND -
IN THE MATTER OF
NOTICE OF HEARING
(Sections 127 and 127.1)
TAKE NOTICE that the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S. 5, as amended (the “Act”) at the Commission offices, 20 Queen Street West, 17 th Floor, in the Small Hearing Room, Toronto, Ontario commencing on the 26 th day of April, 2005 at 10:00 a.m. or as soon thereafter as the hearing can be held, to consider whether it is in the public interest to make an order that:
(a) pursuant to section 127(1) clause 2 of the Act, Andrew Cheung (“Cheung”) cease trading in securities until he has filed all reports in respect of changes in his direct or indirect beneficial ownership of or control over 01 Communiqué Laboratory Inc. for 2003 and 2004, as required by section 107 (2) of the Act;
(b) pursuant to section 127(1) clause 6 of the Act, Cheung be reprimanded;
(c) pursuant to section 127(1) clause 9 of the Act, Cheung pay an administrative penalty;
(d) pursuant to section 127.1 of the Act, Cheung pay a portion of the costs of the investigation and this proceeding; and
(e) such other order as the Commission may deem appropriate.
BY REASON OF the allegations set out in the Statement of Allegations of Staff and such additional allegations as counsel may advise and the Commission may permit;
AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by counsel if that party attends or submits evidence at the hearing;
AND TAKE FURTHER NOTICE that upon the failure of any party to attend at the time and place aforesaid, the hearing may proceed in the absence of that party and such party is not entitled to any further notice of the proceeding.
DATED at Toronto this “15 th” of March, 2005.
Secretary to the Commission