Proceedings

 

IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, AS AMENDED

AND

IN THE MATTER OF
KOMAN INFO-LINK INC., KOMAN INVESTMENT INC. a.k.a. KOMAN INVESTMENT INC. (B.V.I.),SIMON KO AND JOSE CASTANEDA

ORDER
(Section 127(1))

WHEREAS on the 10th day of September, 1998, the Ontario Securities Commission(the "Commission") ordered, pursuant to clause 2 of the subsection 127(1) of the SecuritiesAct, R.S.O. 1990, c. S.5, as amended (the "Act"), that all trading in securities by KomanInfo-Link Inc. ("Koman"), Koman Investment Inc. a.k.a. Koman Investment Inc. (B.V.I.)("Koman Investment Inc."), Simon Ko ("Ko"), John Ping Sum Lam ("Lam") and JoseCastaneda ("Castaneda") cease for a period of fifteen days from the date of the order (the"Temporary Order");

AND WHEREAS on the 22nd day of September, 1998 the Commission orderedpursuant to subsection 127(7) of the Act that the Temporary Order be extended againstall respondents until the hearing is concluded and that the hearing be adjourned sine die;

AND WHEREAS on May 31, 2000 the Commission issued a Notice of Return ofHearing pursuant to sections 127 and 127.1 of the Act in respect of the Respondents;

AND WHEREAS the Respondents, Koman, Koman Investment Inc. and Ko enteredinto a settlement agreement dated June 1, 2000 (the "Settlement Agreement") in whichKoman, Koman Investment Inc. and Ko agreed to a proposed settlement of the proceeding,subject to the approval of the Commission;

AND UPON reviewing the Settlement Agreement and the Statement of Allegations of Staff of the Commission, and upon hearing submissions from counsel for Koman,Koman Investment Inc. and Ko and from Staff of the Commission;

AND WHEREAS the Commission is of the opinion that it is in the public interest tomake this Order;

IT IS ORDERED THAT:

(1) the Settlement Agreement dated June 1, 2000, attached to this Order, is herebyapproved;

(2) pursuant to clause 6 of subsection 127(1) of the Act, Koman, Koman InvestmentInc. and Ko are hereby reprimanded;

(3) pursuant to clause 2 of subsection 127(1) of the Act, Koman, Koman InvestmentInc. and Ko are each prohibited from trading in securities permanently effective fromthe date of this Order;

(4) pursuant to clause 7 of subsection 127(1) of the Act, Ko is required to resign hisposition as the sole officer and director of Koman effective from the date of thisOrder; and

(5) pursuant to clause 8 of subsection 127(1) of the Act, Ko is prohibited frombecoming or acting as a director or officer of any issuer for a period of fifteen yearseffective from the date of this Order, save and except any position Ko may hold asan officer with an issuer either employed by the issuer or offering services to theissuer in his sole capacity as an individual providing architectural services, whichservices are solely related to building design and construction contractadministration.

June 7th, 2000.

"J. A. Geller"      "R. Stephen Paddon"