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Section 169: Exercise of profession – Stock Exchange Acts 1987 and 1988—The

Constitution · PART V: HUMAN RIGHTS AND FREEDOMS

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

169. Exercise of profession – Stock Exchange Acts 1987 and 1988—The plaintiff worked individually as a stockbroker appointed in accordance with the Stock Exchange Act 1987. Section 23 (3) of the Stock Exchange Act 1988 prohibited stockbrokers from dealing in securities unless employed or acting as a director of a stockbroking firm. The plaintiff claimed redress under the Constitution. The issue was whether section 23 (3) of the Stock Exchange Act 1988 was a permissible derogation from section 13 (1) of the Constitution in the interests of public order. HELD section 23 (3) of the Stock Exchange Act 1988 is not in the interests of defence, public safety, public order, or public morality, or public health. It is however, not coercive. It lists conditions that must be complied with to deal in securities. Ramburn v Stock Exchange Commission (1990).

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