Fraudulently inducing persons to deal in capital markets products
200.—(1)  A person must not —
(a)by making or publishing any statement, promise or forecast that the person knows or ought reasonably to have known to be misleading, false or deceptive;
(b)by any dishonest concealment of material facts;
(c)by the reckless making or publishing of any statement, promise or forecast that is misleading, false or deceptive; or
(d)by recording or storing in, or by means of, any mechanical, electronic or other device information that the person knows to be false or misleading in a material particular,
induce or attempt to induce another person to deal in capital markets products.
[4/2017]
(2)  In any proceedings against a person for a contravention of subsection (1) constituted by recording or storing information as mentioned in subsection (1)(d), it is a defence if it is established that, at the time when the defendant so recorded or stored the information, the defendant had no reasonable grounds for expecting that the information would be available to any other person.
(3)  In any proceedings against a person for a contravention of subsection (1) in relation to the dealing in capital markets products that are securities, securities‑based derivatives contracts or units in a collective investment scheme, the opinion of any public accountant as to the financial position of any company at any time or during any period in respect of which he or she has made an audit or examination of the affairs of the company according to recognised audit practice is admissible, for any party to the proceedings, as evidence of the financial position of the company at that time or during that period, even though the opinion is based in whole or in part on book‑entries, documents or vouchers or on written or verbal statements by other persons.
[4/2017]