IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED AND IN THE MATTER OF SINO-FOREST CORPORATION, ALLEN CHAN, ALBERT IP, ALFRED C.T. HUNG, GEORGE HO, SIMON YEUNG and DAVID HORSLEY
ORDER (Section 152 of the Securities Act)
WHEREAS on May 22, 2012, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act"), accompanied by a Statement of Allegations of Staff of the Commission ("Staff") with respect to the respondents Sino-Forest Corporation, Allen Chan, Albert Ip, Alfred C.T. Hung, George Ho, Simon Yeung and David Horsley;
AND WHEREAS by Orders dated August 26, 2013, October 10, 2013, December 2, 2013, January 31, 2014 and May 2, 2014 the Commission ordered the hearing on the merits in this matter (the "Hearing on the Merits") to commence on September 2, 2014 and to continue on dates specified in those Orders until June 29, 2014;
AND WHEREAS on July 21, 2014, the Commission approved a settlement agreement between Staff and David Horsley;
AND WHEREAS on July 24, 2014 and August 21, 2014, Staff brought a motion to obtain an Order of the Commission authorizing Staff to apply to the Ontario Superior Court of Justice for an Order (i) appointing the hearing panel in this matter (the "Hearing Panel") to take the evidence of witnesses outside of Ontario for use in this proceeding; and (ii) providing for the issuance of a letter of request directed to the judicial authorities of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"), requesting the issuance of such process as is necessary to compel Yosanda Chiang, Kenny Wong and Chris Ma (the "Hong Kong Witnesses") to attend before the Hearing Panel via videolink to give testimony on oath during the Hearing on the Merits;
AND WHEREAS the Hong Kong Witnesses are residents of Hong Kong;
AND WHEREAS the Hong Kong Witnesses have relevant evidence to provide at the Hearing on the Merits;
IT IS HEREBY ORDERED THAT Staff may make an application to the Ontario Superior Court of Justice for an Order:
(a) appointing the members of the Hearing Panel to take the evidence outside of Ontario of the Hong Kong Witnesses for use in this proceeding before the Commission;
(b) providing for the issuance of a letter of request directed to the appropriate judicial authorities of Hong Kong, requesting the issuance of such process as is necessary to compel the Hong Kong Witnesses to attend before the members of the Hearing Panel to give testimony on oath or otherwise and to produce documents and things relevant to the subject matter of this proceeding;
(c) providing that the examinations of the Hong Kong Witnesses (the "Examinations") shall take place in Hong Kong on a date to be set by the Commission on reasonable notice to the Hong Kong Witnesses;
(d) prescribing that the procedural and evidentiary rules of Ontario will apply to the Examinations to the extent permissible by the laws of Hong Kong; and
(e) providing that the Examinations shall be conducted via videolink to the Hearing on the Merits so that the members of the Hearing Panel, sitting in Toronto, are able to observe and participate in the Examinations and make any required evidentiary rulings.
DATED at Toronto this 21st day of August, 2014.