HORSE IMPORT PERMITS BALLOTS 9 JUNE 2015 The Club will

Transcription

HORSE IMPORT PERMITS BALLOTS
9 JUNE 2015
The Club will issue a total number of 330 Import Permits. There will be 130 Permits
for previously raced horses (PP) and 200 Permits for unraced privately purchased griffins
(PPG). A separate ballot for each type of Permit will be conducted. All PP Permit Holders
will be allowed to import a PP between 1 July 2015 and 31 December 2016 while the
successful applicants for PPG will be permitted to import a PPG in the 2016/17 season. The
following timetable will be adopted.
Applications open
- 9:00 am Monday
2 March 2015
Applications close
- 5:00 pm Thursday
2 April 2015
(Applications received after the
closing time will not be accepted)
Ballot and announcement of
successful applications
- Tuesday 9 June 2015
By Order of the
Stewards of the Jockey Club
Racing Secretary
2 March 2015
1
PART 1 – GENERAL
1.



CONDITIONS FOR APPLICATION
Applicants are required to fill in the enclosed application form and lodge it in the "Collection Box" at
G/F, Jockey Club Headquarters, One Sports Road, Happy Valley by not later than 5:00 p.m. on
Thursday 2 April 2015. An official receipt will be issued at time of submission. For applications
received by mail, the receipt will be sent to the applicants by post. Applications received after the
closing time will not be accepted.
There are two types of application forms, one for PP and the other for PPG. Applicants are required to
complete the appropriate form for the type of Permit (PP or PPG) they wish to apply for. No change to
the choice of Permit will be allowed after closing of application. Other than in the capacity as a
Manager of a Syndicate, no Member is permitted to submit more than one application for an Import
Permit either in his own name or as a member of a Partnership.
The name of every member of an applying Partnership and of every member of an applying Syndicate
must be declared on the application form.
2.
ELIGIBILITY TO ENTER THE BALLOT

The Ballot is restricted to Members of the Hong Kong Jockey Club only. Full or Racing Members
who, as of 2 April 2015, have not yet completed 12 calendar months as a Club Member are eligible to
apply for a PP Permit only. The same applies to any Partnership that has one or more partners who
have not completed 12 calendar months as a Club Member.
The following persons / Syndicates shall not be allowed to enter ballots:
 Any Member who or Partnership or Syndicate which in the past has sold a horse, unless for a reason
considered adequate by the Stewards of the Jockey Club.
 Any Member who or Partnership or Syndicate which has been disqualified by the Stewards of the
Jockey Club.
 Any Owner who at the date of closing of applications owns four (4) horses, unless he undertakes to
retire one of his horses if he is successful in the ballot and the retirement shall take place before he
imports a new horse pursuant to the Import Permit allocated to him. Except with the permission of the
Stewards of the Jockey Club, each Owner is not permitted to own more than four (4) horses at any one
time. For the purposes of this Bye-law:
- Ordinary membership of a Syndicate shall not constitute Ownership.
BANK REFERENCE LETTER
3. All applicants are required to submit, together with the application form, a bank reference letter or
other relevant documents certifying that they have the financial resources to meet all horse related
charges. The financial benchmark required in the bank reference letter or other relevant documents is
set at HK$1,250,000. For Syndicate applications, this requirement is only applicable to two of the
three Managers including the Treasurer. The reference letter (sample enclosed) should be issued by a
licensed bank or financial institution.
ADHERENCE TO THE RULES OF RACING & THE CLUB'S BYE-LAWS
4. It is a condition of application that all applicants are deemed to agree to adhere to the Rules of Racing
and Instructions made by the Stewards of The Hong Kong Jockey Club, the Ownership Bye-laws, the
Horse Ballot Bye-laws and to any amendments, additions or alterations to them that may be approved
by the Stewards of the Jockey Club from time to time.
OWNERS' BADGES AND PARKING LABELS
5. Any Owner whose horse dies or is retired during the season may retain the Owner's badge(s) for the
balance of the season in which his horse is retired plus the following season. However, such Owner
may retain the car park label(s) only for the balance of the season in which his horse is retired. Any
Owner selling a horse will lose his Owner's badge(s) and car park label(s) once the horse is sold. The
Stewards of the Jockey Club shall have the absolute discretion in allocating Owner's badge(s) and car
park label(s).
PERIOD OF VALIDITY OF IMPORT PERMITS
6. All PP Permits issued in this Ballot are valid from 1 July 2015 to 31 December 2016 while the PPG
Permits are valid from 1 July 2016 to 30 June 2017.
2
PART 2 - PREVIOUSLY RACED HORSES (PPs)
INTRODUCTION
7. A PP is a previously raced horse which has qualified to come to Hong Kong from one of the countries
listed in paragraph 8 below.
QUALIFICATIONS
8.
Import Countries
a. Horses may be imported from the following countries provided they can meet Hong Kong’s equine
importation health requirements and the import criteria set out in paragraph 9 below.
Argentina
*Chile
*India
*Malaysia
#South Africa
Australia
France
Ireland
New Zealand
United Arab Emirates
*Brazil
Germany
Italy
*Peru
United States of America
Canada
Great Britain
Japan
*Singapore
b. If an applicant is considering obtaining a PP from one of the countries marked (*), please consult
the Club first regarding importation procedures, as there are no protocols to permit the direct
importation of equines into Hong Kong.
c. Please note that there may be restrictions on the importation of horses from certain countries for
varying periods due to disease outbreaks and at the time of publication the country marked (#) is
subject to such a restriction.
d. Horses from a country not listed in 8a above may be eligible for importation but prior approval
must be obtained from the Club.
9.
Import Criteria
a. Age and Starts Conditions
The restrictions on the maximum number of starts for different age groups are detailed in the
following table:
Age
(at time of arrival)
2-year-olds
Maximum No. of
Starts
10
Maximum Career
Starts
10
3-year-olds
As a 2 yo
10
As a 3 yo
15
17
4-year-olds
As a 2 yo As a 3 yo
10
15
As a 4 yo
15
17
(Note: Horses must be imported into Hong Kong before they turn 5 years old.)
b. Performance Qualifications
Horses must have a confirmed Hong Kong rating of 70 or higher at the time of import.
Hong Kong Ratings are provided by The Hong Kong Jockey Club Handicappers upon request of
Permit Holders and/or Trainers. Ratings supplied and/or published by foreign racing jurisdictions
do not determine eligibility.
Permit Holders and/or Trainers must obtain prior written confirmation from The Hong Kong
Jockey Club Handicappers that a horse is eligible for import in accordance with the Import Criteria.
Any confirmation thus issued is subject to all circumstances remaining unchanged in respect of the
horse and will be automatically revoked when circumstances do change (e.g. age change or the horse
racing again). In that case, re-confirmation of qualification for import is required. It is the sole
responsibility of the Permit Holder that such a horse satisfies the Import Criteria and all other
requirements for import into Hong Kong.
3
PART 3 - PRIVATELY PURCHASED GRIFFINS (PPGs)
INTRODUCTION
10. A PPG is a horse which has been privately acquired and is imported to Hong Kong unraced.
QUALIFICATIONS
11. Import Countries
a. PPGs, whether purchased or home bred, may be imported from the following countries.
Argentina
*Chile
*India
*Malaysia
#South Africa
Australia
France
Ireland
New Zealand United States of America
*Brazil
Germany
Italy
*Peru
Canada
Great Britain
Japan
*Singapore
b.
If an applicant is considering obtaining a PPG from one of the countries marked (*), please
consult the Club first regarding importation procedures, as there are no protocols to permit the
direct importation of equines into Hong Kong.
c.
Please note that there may be restrictions on the importation of horses from certain countries for
varying periods due to disease outbreaks and at the time of publication the country marked (#) is
subject to such a restriction.
d.
PPGs from a country not listed in 11a above may be eligible for importation but prior approval
must be obtained from the Club.
12. Age Requirements
All PPGs must fulfil the age requirements as shown in the table below at the time of import.
Import Period
Foaled In
Northern
Hemisphere
(PPG)
Southern
Hemisphere
(PPG)
1 July 2016 –
31 July 2016
1 August 2016 –
31 December 2016
2 yos (foaled in 2014)
&
&
3 yos (foaled in 2012)**
1 January 2017 –
30 June 2017
&
&
South America
(PPG)
(Notes 1: Northern Hemisphere PPGs foaled in 2013 (which will turn 4 years old on 1 January 2017)
MUST arrive in Hong Kong before 1 January 2017.
**2:Southern Hemisphere PPGs foaled in 2012 (which will turn 4 years old on 1 August 2016)
MUST arrive in Hong Kong before 1 August 2016.
3:Northern Hemisphere PPGs foaled in 2015 may be allowed to be imported after 1 January
2017, subject to stables availability and the individual stable strength limit, on the condition
that they are not qualified to be entered to race until they are classified in the Griffin Class in
the 2017/2018 season.)
4
PART 4 - MISCELLANEOUS REQUIREMENTS
DOCUMENTATION
13. Every horse is required to undergo a pre-export veterinary examination prior to export to Hong Kong
to confirm that it is suitable for racing purposes. The pre-export veterinary examination must be
carried out by a suitably qualified veterinary surgeon during the 30 days prior to the horse entering
pre-export quarantine and the report must be sent for approval to the Club's appointed Veterinary
Surgeon(s) in the exporting country - before final review by a Club veterinarian. The Hong Kong
Jockey Club and its shipping agents will provide specific details concerning the examination
requirements.
14. Every horse must be issued with an official import permit by the Government of Hong Kong and an
export health certificate issued by the government authority of the exporting country. It must be noted
that certain tests for certain diseases will have to be performed during the pre-export quarantine period
and produce satisfactory results to comply with Hong Kong equine importation health conditions.
Permit holders may wish to have one or more of these tests performed at any time prior to the official
tests if they are concerned about a horse's ability to satisfy Hong Kong's import testing requirements.
15. Every horse MUST be accompanied by its Passport (if the horse has been issued with one) and any
other official identification documents.
16. It is essential to note that before a name can be registered for a horse which has been permanently
imported into Hong Kong, there MUST have been deposited with the Club's Racing Registry, a
Certificate of Pedigree stating the name, pedigree, age, sex and colour of the horse and any mark by
which it may distinguished, signed by the official Stud Book Authority of the country in which the
horse was foaled. The original or certified copy of the Stud Book Certificate and/or Export Stud Book
Certificate MUST be received by the Club either in advance of, or as soon as possible after, the horse's
arrival in Hong Kong.
17. It should also be noted that a horse will NEITHER be branded, NOR will it be allowed to compete in
Barrier Trials, which is a prerequisite for racing in Hong Kong, UNTIL its identity has been formally
established by reference to its Stud Book Certificate or other official documents.
NOTIFICATION TO THE CLUB'S SHIPPING AGENTS
18. The Club's shipping agents will be responsible for the importation of all horses to Hong Kong. In the
case of PPs, Owners or their agents MUST advise the Club's shipping agents, prior to shipment to
Hong Kong, of the horse's location and racing record so that eligibility for import can be checked. In
the case of PPGs, notification of the horse's location will suffice. Details of the Club's shipping agents
will be sent to successful applicants shortly after the Ballot.
PAYMENT FOR RETIRED RACEHORSE PROGRAMME
19. The Club will collect an import fee of HK$60,000 from Owners upon arrival of their new imports as a
contribution towards the funding of the retired racehorse programme. This fee will apply to all
successful applicants in this year's Horse Ballot. Owners who wish to replace a horse which has been
imported under this policy will receive a travel subsidy from the Club up to the import fee or the actual
shipping costs, whichever is the lower, when they export the retired horse to overseas.
DECLARATION FORM ON PURCHASE OF A HORSE
20. All successful applicants are required, under Rule 41(3), to declare to the Club whether or not their
new horse is bought with contingencies or is the subject of any other joint arrangements. If there are
such contingencies or other arrangements, a Declaration Form stating the names, addresses of all the
parties interested and full details of the terms of such sale shall be signed and lodged with the Club
prior to the horse's arrival in Hong Kong. However, such declaration will not be deemed as the Club's
approval and the Stewards may refuse to register such sale.
5
DECLARATION ON AGENT
21. All successful applicants are required to make a declaration to the Club if any person has acted as his
or their agent in connection with the purchase of his or their new horse. Such declaration shall be made
in a prescribed form and lodged at the Racing Registry prior to importation of the new horse into Hong
Kong.
INSURANCE ARRANGEMENTS
22. A successful applicant shall be solely responsible for all risks in connection with a horse to be
imported from the time the horse is purchased overseas, and shall effect all appropriate insurance
coverage in respect of such risks. It is acknowledged and agreed that the Club shall not in any way be
liable for any loss of or injury to any imported horse howsoever caused at any time, including without
limitation, any time prior to import, during transit, or after the horse's arrival in Hong Kong.
IMPORT CHARGES, LIVERY AND OTHER CHARGES
23. All charges in respect of import of PPs or PPGs met by the Club and the payment for retired racehorse
programme, will be debited to successful applicants' Club accounts. Successful applicants are also
responsible for meeting all livery and training charges incurred by their horses after arrival in Hong
Kong.
ELIGIBILITY TO BID AT THE HONG KONG INTERNATIONAL SALES (HKIS)
24. All holders of import permits and those on the Reserve and Tender Lists for PPs and PPGs to be
published on 9 June 2015 will be eligible to bid at the Hong Kong International Sale as long as their
import permit or reserve status is still valid at time of the Sale. If their bids are successful, they will be
allowed to retain their horse to race in Hong Kong.
CONSENT AS TO TRAINING OF HORSES
25. All successful applicants shall be deemed to have given express consent to their Trainer for
determining the training location of the horse, including a training location outside of Hong Kong in
Mainland China.
SYNDICATE POLICIES
26. For all successful Syndicate applicants in the Horse Ballot, at least 80% of the members registered at
time of ballot application must remain in the Syndicate until the conclusion of the first year of local
racing career of the Syndicate’s new horse imported under the permit in question.
27. A minimum share of 2% must be owned by any member in a Syndicate while no Syndicate member is
allowed to own more than 30% share.
By Order of the
Racing Secretary
2 March 2015
6
PP PERMIT APPLICATION FORM
(For a PP Permit - valid between 1 July 2015 and 31 December 2016)
1. I/We agree that if my/our application is successful, I/we shall abide by and be bound by:
PP
a The Horse Ballot Bye-laws.
b The Ownership Bye-laws.
c The Rules of Racing and Instructions made by the Stewards of The Hong Kong Jockey Club, as shall from time
to time be in force.
2. I/We hereby declare that the member(s) listed in paragraph 12 is/are the only person(s) interested in this
application and that I am/we are in every way qualified to take part in this draw in terms of the Horse Ballot
Bye-laws.
3. I/We accept:a Full personal responsibility for the horse which I/we have applied for under the terms of the Horse Ballot
Bye-laws as aforesaid, and am/are fully able to bear the financial commitment involved.
b My/Our responsibility as an Owner under the Ownership Bye-laws and the Rules of Racing and Instructions
made by the Stewards of The Hong Kong Jockey Club.
c That if successful in my/our application, I/we WILL PERSONALLY MANAGE the horse and will appoint the
Trainer as my/our authorised agent to enter, scratch or declare the horse to start in races and to engage Jockeys
as necessary.
d That if successful in the ballot:
(i) I/We will ensure that the horse imported as a result will arrive in the Hong Kong SAR fully paid for by
me/us under my/our exclusive ownership. I/We will, on the Stewards' request, produce documentary proof
of purchase of the horse and payments in this regard; and/or
(ii) I/We will declare to the Club whether or not the horse is sold to me/us with contingencies or is the subject
of any other arrangements. If there are such contingencies or other arrangements, I/we will submit a signed
document to the Club, prior to the horse's arrival in the Hong Kong SAR, with full details of such terms and
other arrangements, provided that the Stewards may refuse to register such sale.
(iii) I/We agree to provide, prior to the arrival of my/our horse in the Hong Kong SAR, the Club with the name
of the person/company who/which has acted as my/our agent in connection with the purchase of my/our
horse.
e That if successful in the ballot I/we shall be solely responsible for all risks in connection with a horse to be
imported from the time the horse is purchased overseas, and shall effect all appropriate insurance coverage in
respect of such risks. It is acknowledged and agreed that the Club shall not in any way be liable for any loss of
or injury to any imported horse howsoever caused at any time, including without limitation, any time prior to
import, during transit, or after the horse's arrival in the Hong Kong SAR.
f That if successful in the ballot I/we will not sell, lease, lend or in any other way deal with or dispose of my/our
horse either wholly or in part, without the permission in writing of the Stewards of The Hong Kong Jockey
Club.
g That if successful in the ballot I/we shall be deemed to have given express consent to my/our Trainer for
determining the training location of the horse, including a training location outside of Hong Kong in Mainland
China.
4. I/We hereby represent to and agree with the Stewards that:a The statements contained in this Application are true and accurate in all respects.
b Should it be established to the satisfaction of the Stewards of The Hong Kong Jockey Club that this application
has been made for and on behalf of a third party, or as a nominee or agent for an undisclosed Partnership or
Syndicate or should I/we subsequently dispose or deal in any horse allocated to me/us (whether by disposal of
my/our entire interest in the horse or a part interest in the horse) then I/we and any other parties involved in the
aforegoing will not only be subject to Bye-laws as aforesaid but will also be deemed to be guilty of a corrupt or
fraudulent practice contrary to Rule 150 of the Rules of Racing whereby, firstly, I/we and such other persons as
aforesaid shall be subject to such penalties as may be applicable under the Rules of Racing and, secondly, I/we
and any other parties involved will be guilty of conduct making me/us liable to disciplinary proceedings
pursuant to the Articles of Association of The Hong Kong Jockey Club.
5. I/We acknowledge that penalties for corrupt or fraudulent practices include fines, disqualification and warning off
all premises owned or operated by The Hong Kong Jockey Club for such period as the Stewards of The Hong
Kong Jockey Club may determine and/or expulsion from/or suspension of membership of The Hong Kong Jockey
Club.
6. I/We acknowledge that penalties awarded by The Hong Kong Jockey Club may be reciprocally enforced by all
Racing Authorities recognising the Rules of Racing of The Hong Kong Jockey Club, without further enquiry.
7. I/We acknowledge that my/our attention has/have been drawn to the enclosed circular concerning "Ownership
Control, Betting and Tipping", and I/we hereby agree to abide by all the terms and conditions thereof.
8. I/We accept that my/our application for an Import Permit for a horse is made on the understanding and agreement
that once the horse acquired by myself and/or our Partnership and/or our Syndicate has been accepted by the
Stewards of The Hong Kong Jockey Club, I/we shall have no redress to the Club for compensation in any form if
the horse shall fail to become a reasonable racing proposition for any reason whatsoever.
9. I/We acknowledge that the loss of or injury to a horse resulting from its participation in any form of training
considered suitable by my/our Trainer or in any racing shall not be the responsibility of The Hong Kong Jockey
Club and shall be my/our sole responsibility.
10. I/We confirm that I/we have read the following "NOTICE RELATING TO THE PERSONAL DATA (PRIVACY)
ORDINANCE" and agree to the terms thereof.
The Club's policy
The Club is committed to implementing the principles and requirements of the Ordinance to safeguard your
privacy with respect to personal data.
Supply of personal data
You are required to supply up-to-date personal data to the Club in connection with applications for Club
membership, use of the Club's facilities and services, opening and maintaining accounts with the Club, and/or
matters relating to the Club's core operations of racing, betting and membership. Supply of personal data to the
Club is non-obligatory but failure to do so may result in the Club being unable to process your applications or to
provide facilities and services to you. If you choose to supply your personal data to the Club for this application,
you hereby authorise the Club to check the accuracy and completeness of your personal data with the Police and
other law-enforcement agencies, if this is deemed necessary by the Club at its absolute discretion.
Use of personal data
Your personal data may be used for the following purposes:a
b
c
d
carrying out the Club's operations and provision of facilities and services;
conducting checks regarding eligibility for membership or horse ownership;
designing and marketing the Club's facilities, products and services;
meeting the requirements to make disclosure under the Club's rules or bye-laws relating to the Club's core
operations and any law binding on the Club, and
e facilitating communication between you and the Club.
Classes of transferees
Personal data supplied to the Club will be kept confidential but may be disclosed to employees, agents and
consultants of the Club who shall be under the same confidentiality duty as the Club, and law enforcement
agencies under any law binding on the Club.
Access to and correction of personal data
Under and in accordance with the provisions of the Ordinance, you are entitled to request for access to personal
data held by the Club about you and to correct such data. The Club will charge a reasonable fee for the processing
of such requests. You may direct your request in writing to "Data Privacy Compliance Officer, Jockey Club
Headquarters, 1 Sports Road, Happy Valley, Hong Kong."
11. I/We hereby apply to import a Privately Purchased previously raced horse (PP)
12. I/We hereby declare that this application is made under the following category:
PP
(please complete either A , B or C )
INDIVIDUAL application
Name in full
Membership no.
Signature
A
SYNDICATE application
***** For new Syndicate, please submit the Syndicate Agreement together with this form. *****
Name of Syndicate
Club Account no.
Correspondence address
BA
Particulars of Syndicate Managers :
Name in full
Membership no.
Signature
(to be signed by all managers)
B
1.
2.
3.
Manager
Manager
Manager
***** Please print the names and membership numbers of the Syndicate members on the next page. *****
PARTNERSHIP application
Name in full
Membership no.
Signature
Managing Partner
(To whom stables accounts will be sent to)
C
2nd Partner
3rd Partner
4th Partner
REMINDER: Please submit your Bank Reference Letter(s) to the Club on or before Thursday 2 April 2015.
Please tick the box reflecting the status of Bank Reference Letter(s):  Attached
 Will be submitted on/before 2/4/2015
OFFICIAL RECEIPT (APPLICATION FOR A PP PERMIT - VALID UNTIL 31 DECEMBER 2016)
Must be completed by applicant(s)
Name of applicant(s) / Syndicate:
1.
3.
2.
4.
FOR
OFFICE
USE
ONLY
(Valid only with official stamp)
List of Syndicate members :
Name of Members (Membership no.)
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2016/2017 PPG PERMIT APPLICATION FORM
1. I/We agree that if my/our application is successful, I/we shall abide by and be bound by:
PPG
a The Horse Ballot Bye-laws.
b The Ownership Bye-laws.
c The Rules of Racing and Instructions made by the Stewards of The Hong Kong Jockey Club, as shall from time
to time be in force.
2. I/We hereby declare that the member(s) listed in paragraph 12 is/are the only person(s) interested in this
application and that I am/we are in every way qualified to take part in this draw in terms of the Horse Ballot
Bye-laws.
3. I/We accept:a Full personal responsibility for the horse which I/we have applied for under the terms of the Horse Ballot
Bye-laws as aforesaid, and am/are fully able to bear the financial commitment involved.
b My/Our responsibility as an Owner under the Ownership Bye-laws and the Rules of Racing and Instructions
made by the Stewards of The Hong Kong Jockey Club.
c That if successful in my/our application, I/we WILL PERSONALLY MANAGE the horse and will appoint the
Trainer as my/our authorised agent to enter, scratch or declare the horse to start in races and to engage Jockeys
as necessary.
d That if successful in the ballot:
(i) I/We will ensure that the horse imported as a result will arrive in the Hong Kong SAR fully paid for by
me/us under my/our exclusive ownership. I/We will, on the Stewards' request, produce documentary proof
of purchase of the horse and payments in this regard; and/or
(ii) I/We will declare to the Club whether or not the horse is sold to me/us with contingencies or is the subject
of any other arrangements. If there are such contingencies or other arrangements, I/we will submit a signed
document to the Club, prior to the horse's arrival in the Hong Kong SAR, with full details of such terms and
other arrangements, provided that the Stewards may refuse to register such sale.
(iii) I/We agree to provide, prior to the arrival of my/our horse in the Hong Kong SAR, the Club with the name
of the person/company who/which has acted as my/our agent in connection with the purchase of my/our
horse.
e That if successful in the ballot I/we shall be solely responsible for all risks in connection with a horse to be
imported from the time the horse is purchased overseas, and shall effect all appropriate insurance coverage in
respect of such risks. It is acknowledged and agreed that the Club shall not in any way be liable for any loss of
or injury to any imported horse howsoever caused at any time, including without limitation, any time prior to
import, during transit, or after the horse's arrival in the Hong Kong SAR.
f That if successful in the ballot I/we will not sell, lease, lend or in any other way deal with or dispose of my/our
horse either wholly or in part, without the permission in writing of the Stewards of The Hong Kong Jockey
Club.
g That if successful in the ballot I/we shall be deemed to have given express consent to my/our Trainer for
determining the training location of the horse, including a training location outside of Hong Kong in Mainland
China.
4. I/We hereby represent to and agree with the Stewards that:a The statements contained in this Application are true and accurate in all respects.
b Should it be established to the satisfaction of the Stewards of The Hong Kong Jockey Club that this application
has been made for and on behalf of a third party, or as a nominee or agent for an undisclosed Partnership or
Syndicate or should I/we subsequently dispose or deal in any horse allocated to me/us (whether by disposal of
my/our entire interest in the horse or a part interest in the horse) then I/we and any other parties involved in the
aforegoing will not only be subject to Bye-laws as aforesaid but will also be deemed to be guilty of a corrupt or
fraudulent practice contrary to Rule 150 of the Rules of Racing whereby, firstly, I/we and such other persons as
aforesaid shall be subject to such penalties as may be applicable under the Rules of Racing and, secondly, I/we
and any other parties involved will be guilty of conduct making me/us liable to disciplinary proceedings
pursuant to the Articles of Association of The Hong Kong Jockey Club.
5. I/We acknowledge that penalties for corrupt or fraudulent practices include fines, disqualification and warning off
all premises owned or operated by The Hong Kong Jockey Club for such period as the Stewards of The Hong
Kong Jockey Club may determine and/or expulsion from/or suspension of membership of The Hong Kong Jockey
Club.
6. I/We acknowledge that penalties awarded by The Hong Kong Jockey Club may be reciprocally enforced by all
Racing Authorities recognising the Rules of Racing of The Hong Kong Jockey Club, without further enquiry.
7. I/We acknowledge that my/our attention has/have been drawn to the enclosed circular concerning "Ownership
Control, Betting and Tipping", and I/we hereby agree to abide by all the terms and conditions thereof.
8. I/We accept that my/our application for an Import Permit for a horse is made on the understanding and agreement
that once the horse acquired by myself and/or our Partnership and/or our Syndicate has been accepted by the
Stewards of The Hong Kong Jockey Club, I/we shall have no redress to the Club for compensation in any form if
the horse shall fail to become a reasonable racing proposition for any reason whatsoever.
9. I/We acknowledge that the loss of or injury to a horse resulting from its participation in any form of training
considered suitable by my/our Trainer or in any racing shall not be the responsibility of The Hong Kong Jockey
Club and shall be my/our sole responsibility.
10. I/We confirm that I/we have read the following "NOTICE RELATING TO THE PERSONAL DATA (PRIVACY)
ORDINANCE" and agree to the terms thereof.
The Club's policy
The Club is committed to implementing the principles and requirements of the Ordinance to safeguard your
privacy with respect to personal data.
Supply of personal data
You are required to supply up-to-date personal data to the Club in connection with applications for Club
membership, use of the Club's facilities and services, opening and maintaining accounts with the Club, and/or
matters relating to the Club's core operations of racing, betting and membership. Supply of personal data to the
Club is non-obligatory but failure to do so may result in the Club being unable to process your applications or to
provide facilities and services to you. If you choose to supply your personal data to the Club for this application,
you hereby authorise the Club to check the accuracy and completeness of your personal data with the Police and
other law-enforcement agencies, if this is deemed necessary by the Club at its absolute discretion.
Use of personal data
Your personal data may be used for the following purposes:a
b
c
d
carrying out the Club's operations and provision of facilities and services;
conducting checks regarding eligibility for membership or horse ownership;
designing and marketing the Club's facilities, products and services;
meeting the requirements to make disclosure under the Club's rules or bye-laws relating to the Club's core
operations and any law binding on the Club, and
e facilitating communication between you and the Club.
Classes of transferees
Personal data supplied to the Club will be kept confidential but may be disclosed to employees, agents and
consultants of the Club who shall be under the same confidentiality duty as the Club, and law enforcement
agencies under any law binding on the Club.
Access to and correction of personal data
Under and in accordance with the provisions of the Ordinance, you are entitled to request for access to personal
data held by the Club about you and to correct such data. The Club will charge a reasonable fee for the processing
of such requests. You may direct your request in writing to "Data Privacy Compliance Officer, Jockey Club
Headquarters, 1 Sports Road, Happy Valley, Hong Kong."
11. I/We hereby apply to import an unraced Privately Purchased Griffin (PPG).
12. I/We hereby declare that this application is made under the following category:
PPG
(please complete either A , B or C )
INDIVIDUAL application
Name in full
Membership no.
Signature
A
SYNDICATE application
***** For new Syndicate, please submit the Syndicate Agreement together with this form. *****
Name of Syndicate
Club Account no.
Correspondence address
BA
Particulars of Syndicate Managers :
Name in full
Membership no.
Signature
(to be signed by all managers)
B
1.
2.
3.
Manager
Manager
Manager
***** Please print the names and membership numbers of the Syndicate members on the next page. *****
PARTNERSHIP application
Name in full
Membership no.
Signature
Managing Partner
(To whom stables accounts will be sent to)
C
2nd Partner
3rd Partner
4th Partner
REMINDER: Please submit your Bank Reference Letter(s) to the Club on or before Thursday 2 April 2015.
Please tick the box reflecting the status of Bank Reference Letter(s):  Attached
 Will be submitted on/before 2/4/2015
OFFICIAL RECEIPT (APPLICATION FOR A 2016/17 PPG PERMIT)
Must be completed by applicant(s)
Name of applicant(s) / Syndicate:
1.
3.
2.
4.
FOR
OFFICE
USE
ONLY
(Valid only with official stamp)
List of Syndicate members :
4.
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28.
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5.
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29.
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HORSE BALLOT BYE-LAWS
1. AUTHORITY FOR INTRODUCTION AND CITATION
1.1
These Bye-laws are made by the Stewards of the Jockey Club pursuant to the provisions of Article 45
of the Articles of Association of the Club and, accordingly, are Rules of the Club. They are to be read
in conjunction with the Memorandum and Articles of Association of the Club.
1.2
These Bye-laws shall be referred to as the Horse Ballot Bye-laws. They may be added to and amended
from time to time by the Stewards of the Jockey Club and notification of change will be published on
the notice boards in all the Clubhouse buildings and Jockey Club Headquarters, One Sports Road,
Happy Valley.
2. APPLICATION OF THESE BYE-LAWS
These Bye-laws regulate allocation of Subscription Griffins and Import Permits for Privately Purchased Horses
and Privately Purchased Griffins and the eligibility of Members to enter Horse Ballots.
3. APPLICATION OF GENERAL BYE-LAWS
The General Bye-laws shall have application to these Bye-laws as if the same were set out herein and repeated
seriatim.
4. INTERPRETATION
In these Bye-laws the following expressions shall have the following meanings and, if appropriate, to the
exclusion of a corresponding definition in the Articles of Association or the General Bye-laws:
Expression
Meaning
PP
A Privately Purchased Horse, namely a previously raced horse imported into
Hong Kong by a Member, Partnership or Syndicate pursuant to a Permit
allocated, when necessary, by ballot pursuant to these Bye-laws.
PPG
A Privately Purchased Griffin, namely an unraced horse imported into Hong
Kong by a Member, Partnership or Syndicate pursuant to a Permit allocated,
when necessary, by ballot pursuant to these Bye-laws.
SG
A Subscription Griffin, namely an unraced horse purchased by the Club and
offered for sale to Members, Partnerships and Syndicates by subscription and
allocated, when necessary, by ballot pursuant to these Bye-laws.
Racing Stewards
A body of Stewards constituted by the Rules of Racing, with powers and
jurisdiction to effect and enforce the Rules on behalf of the Stewards of the
Jockey Club as provided for by the Rules of Racing.
Rule or Rules
The combination of the Rules of Racing of The Hong Kong Jockey Club and the
Instructions made by the Stewards of the Jockey Club.
5. PERMITS TO IMPORT A PP
5.1
The country or countries from which PPs may be imported shall be in the absolute discretion of the
Stewards of the Jockey Club.
5.2
The number of Import Permits for the importation of PPs in any one (1) year shall be in the absolute
discretion of the Stewards of the Jockey Club.
5.3
In or about February of each year the Stewards of the Jockey Club will invite applications for the
allocation of an Import Permit for a PP by those Members eligible as is provided by Bye-law 13.
5.4
The terms and conditions to be attached to applications shall be in the absolute discretion of the
Stewards of the Jockey Club and, without prejudice to the generality of the foregoing, may, but need
not, include:
5.4.1
The minimum and/or maximum racing results which must have been achieved by a horse for it
to be eligible to be imported into Hong Kong.
5.4.2
Restrictions on countries from which a PP may be imported.
5.4.3
The last date by which a PP is to be imported pursuant to the successful applicant's Import
Permit.
5.4.4
Forfeiture of the Import Permit if the Permit holder fails to import a horse by the last date for
the importation of the horse.
5.5
If more applications are received than there are Import Permits available for allocation, the Import
Permits available will be allocated by a ballot conducted in accordance with these Bye-laws.
5.6
No replacement Import Permit will necessarily be allocated nor will compensation be paid by the Club
in the event a PP fails, howsoever, to become a reasonable racing proposition.
5.7
The successful applicant for an Import Permit will be responsible for payment of the purchase price of
the horse together with all agistment, other ancillary charges including veterinary fees, and the
transportation costs from the horse's country of export to Hong Kong.
6. PERMITS TO IMPORT A PPG
6.1
The country or countries in which PPGs may be purchased or bred shall be in the absolute discretion of
the Stewards of the Jockey Club.
6.2
The number of Import Permits for the importation of PPGs in any one (1) year shall be in the absolute
discretion of the Stewards of the Jockey Club.
6.3
In or about February of each year the Stewards of the Jockey Club will invite applications for the
allocation of an Import Permit for a PPG by those Members eligible as is provided by Bye-law 13.
6.4
Stewards of the Jockey Club and, without prejudice to the generality of the foregoing, may, but need
not, include:
6.4.1
Restrictions on where a PPG may be purchased or bred.
6.4.2
The last date by which a PPG is to be imported pursuant to the successful applicant's Import
Permit.
6.4.3
Forfeiture of the Import Permit if the Permit holder fails to import a horse by the last date for
the importation of the horse.
6.5
If more applications are received than there are Import Permits available for allocation, the Import
Permits available will be allocated by a ballot conducted in accordance with these Bye-laws.
6.6
No replacement Import Permit will necessarily be allocated nor will compensation be paid by the Club
in the event a PPG fails, howsoever, to become a reasonable racing proposition.
6.7
The successful applicant for an Import Permit will be responsible for payment of the purchase price (if
applicable) of the horse together with all agistment, other ancillary charges including veterinary fees,
and the transportation costs from the horse's country of export to Hong Kong.
6.8
If the Club and any agent appointed by it, at the request and on behalf of a Member, Partnership or
Syndicate to whom a permit has been allocated pursuant to Bye-law 6.5, agrees to make arrangements
for the purchase of a PPG then, in addition to the specific terms and conditions of such agreement, the
Member, Partnership or Syndicate will be deemed to have agreed that neither the Club nor any agent
appointed by it shall be deemed to have given any guarantee, assurance or warranty that any PPG so
purchased will be or will become a reasonable racing proposition.
7. SG
7.1
The country or countries from which SGs are purchased shall be in the absolute discretion of the
Stewards.
7.2
The number of SGs to be imported in any one (1) year shall be in the absolute discretion of the
Stewards.
7.3
Each year the Stewards will invite applications for the allocation of a SG by those Members eligible as
is provided by Bye-law 13.
7.4
Stewards and, without prejudice to the generality of the foregoing, may, but need not, include:
7.4.1
The price to be paid by each successful applicant for a SG.
7.4.2
The amount of deposits to be paid in different stages by each successful applicant.
7.4.3
The nature of all deposits to be non-refundable.
7.5
If more applications are received than there are SGs available for allocation, the SGs available will be
allocated by a ballot conducted in accordance with these Bye-laws. Similarly, Owners and SGs will be
matched by means of a second ballot involving only those who have received allocations at the first
ballot.
7.6
No replacement horse will necessarily be allocated nor compensation be paid by the Club in the event a
SG fails, howsoever, to become a reasonable racing proposition.
8. CONDITIONS FOR APPLICATIONS
8.1
Unless specified in the Application Form, no Member is permitted to submit more than one application
for an Import Permit or for a SG either in his own name or as a member of a Partnership.
8.2
The name of every member of an applying Partnership and of every member of an applying Syndicate
must be declared on or attached to the Application Form.
8.3
No change in the membership of any applying Partnership or Syndicate and no disposal of the whole or
any part of such Partnership's or Syndicate's interest in its existing horse is permitted unless with the
prior approval in writing of the Stewards of the Jockey Club. Should any irregular disposal or dealing
or the existence of any undisclosed Partnership or Syndicate be established to the satisfaction of the
Stewards of the Jockey Club, the Stewards of the Jockey Club will apply such penalties to those
persons involved as may be applicable under the Rules of Racing and/or the Articles of Association.
9. ALLOCATION BALLOTS AND CANCELLATION OF ALLOCATIONS
9.1
The ballots for Import Permits and for SGs will be conducted in such manner as the Stewards of the
Jockey Club, in their absolute discretion, shall decide.
9.2
If the number of applications for Import Permits exceeds the number available and/or if the number of
applications for SGs exceeds the number of SGs available, the Stewards of the Jockey Club shall have
the right to allocate a proportion of the number of Import Permits and/or SGs available to such
applicants as they may deem deserving of special consideration and to decide who of the remaining
applicants shall participate in the respective ballots.
9.3
The Stewards of the Jockey Club reserve the right to cancel the allocation of an Import Permit or a SG
to an individual, Partnership or Syndicate if, prior to the arrival of the horse in Hong Kong, the
individual or any member of the Partnership or Manager of a Syndicate shall cease to be eligible to be
registered as an Owner.
9.4
The Stewards of the Jockey Club reserve the right to cancel the allocation of an Import Permit or a SG
at any time prior to the arrival of the horse when, in their sole and unfettered discretion and without
obligation to justify their decision, so to do appears to them, to be in the interests of racing in Hong
Kong.
9.5
Upon the cancellation of an allocation of a SG in accordance with Bye-law 9.4, the Stewards of the
Jockey Club will cause the Club to return the monies previously paid for the SG to the applicant, or his
personal representatives, the Partnership or Syndicate, as the case may be, but without interest and
neither the applicant, nor his estate, nor the Partnership, nor any member of the Partnership, nor the
Syndicate, nor any member of the Syndicate, shall have any claim against the Club, the Stewards of the
Jockey Club or any Executive, Official or employee of the Club for any losses arising, howsoever,
consequential upon such action by the Stewards of the Jockey Club.
9.6
The reallocation of any Import Permit or any SG which has been cancelled in accordance with the
provisions of these Bye-laws, shall be within the discretion of the Stewards of the Jockey Club or in
accordance with the policy, if any, from time to time directed by them to apply in the event of such a
cancellation.
10. RESERVE AND TENDER LIST
10.1
At the time a ballot takes place to determine which applicants shall be issued a Permit to import
privately, if applicable, and which applicants shall be allocated a SG, a number (to be decided at the
time of the ballot by the Stewards of the Jockey Club) of unsuccessful applications shall be drawn and
the names of those unsuccessful applicants will be placed on a list to be referred to as the "Reserve And
Tender List".
10.2
The Reserve And Tender List will be published at the same time as the lists of successful applicants,
and shall include the category of horse applied for and the numerical order in which the applicants
were drawn.
10.3
On each occasion a person, Partnership or Syndicate whose name is on the Reserve And Tender List is
allocated or declines to accept the allocation of an Import Permit or a SG, as the case may be, his name
will be deleted from the Reserve And Tender List.
10.4
On each occasion a person, Partnership or Syndicate whose name is on the Reserve And Tender List
purchases a horse at a sale by sealed tender or auction conducted by the Club his name will be deleted
from the Reserve And Tender List.
10.5
If at any time more than one (1) horse is offered for sale and the respective periods during which
tenders are to be submitted overlap, a person, Partnership or Syndicate whose name is on the Reserve
And Tender List may submit a tender for some or all of the said horses but upon the acceptance of one
of his tenders any remaining tenders will be invalid.
11. ALLOCATION OF UNFULFILLED PERMITS
If the successful applicant for an Import Permit advises the Stewards of the Jockey Club that he will not fulfil
the conditions attached to the Import Permit allocated to him or, for whatever reason, fails to fulfil the
conditions attached to the Import Permit allocated to him, or if he shall die or if his name or the name of a
successful Partnership or Syndicate shall be deleted from the register maintained by the Stewards of the Jockey
Club pursuant to Rule 39 (2) the Stewards of the Jockey Club shall cancel the allocation of the Import Permit
and may, but shall not be obliged to, invite the applicant whose name is first in numerical order of unsuccessful
applicants for an Import Permit on the Reserve And Tender List, to take up the allocation which has become
available. No person whose name is on the Reserve And Tender List shall be entitled to any redress
consequential upon a decision of the Stewards of the Jockey Club to allocate an Import Permit to an applicant
whose name is lower, numerically, on the Reserve And Tender List.
12. REALLOCATION OF SGs IF AN OWNER WITHDRAWS
If the successful applicant for a SG shall advise the Stewards of the Jockey Club that he will not take up the SG
to be allocated to him or if he shall die or if his name or the name of a successful Partnership or Syndicate shall
be deleted from the register maintained by the Stewards of the Jockey Club pursuant to Rule 39 (2) before the
SG is allocated to him, the Stewards of the Jockey Club shall cancel the allocation of the SG and may, but shall
not be obliged to, invite the applicant whose name is first in numerical order of unsuccessful applicants for a
SG on the Reserve And Tender List, to take up the allocation which has become available. No person whose
name is on the Reserve And Tender List shall be entitled to any redress consequential upon a decision of the
Stewards of the Jockey Club to allocate a SG to an applicant whose name is lower, numerically, on the Reserve
And Tender List.
13. ELIGIBILITY TO ENTER BALLOTS
Without prejudice to the Ownership Bye-laws, the following shall not be allowed to enter ballots:
13.1
Any Member who or Partnership or Syndicate which in the past has sold a horse, unless for a reason
considered adequate by the Stewards of the Jockey Club.
13.2
Any Member who or Partnership or Syndicate which has been disqualified by the Stewards of the
Jockey Club.
13.3
Any Owner who at the date of closing of applications owns four (4) horses, unless he undertakes to
retire one of his horses if he is successful in the ballot and the retirement shall take place before he
imports a new horse pursuant to the Import Permit allocated to him. Except with the permission of the
Stewards of the Jockey Club, each Owner is not permitted to own more than four (4) horses at any one
time. For the purposes of this Bye-law:
13.3.1 Ordinary membership of a Syndicate shall not constitute Ownership.
14. UNDERTAKING AS TO RACING
Each Member, and whether in his own right or as a member of a Partnership or Syndicate, who has drawn a SG
or has imported a PP or PPG pursuant to an Import Permit shall be deemed to have given an express
undertaking to the Club to keep that horse in training throughout its natural racing career.
15. CONSENT AS TO TRAINING OF HORSES
Each Member, and whether in his own right or as a member of a Partnership or Syndicate, who has imported a
horse pursuant to an Import Permit or has purchased a horse at an auction conducted by the Club shall be
deemed to have given express consent to his Trainer for determining the training location of the horse,
including a training location outside of Hong Kong in Mainland China.
16. STABLING AND LIVERY CHARGES
16.1
Each Owner is, and each member of a Partnership or Syndicate is jointly and severally, liable for
meeting stabling, livery and all other charges incurred by his horse.
16.2
Livery charges for keeping a horse in training will be levied at a rate to be fixed, from time to time, by
the Racing Committee.
17. RETIREMENT AND DISPOSAL OF HORSES
17.1
Each Owner and each member of a Partnership or Syndicate is deemed to acknowledge and agree that
the Stewards of the Jockey Club have the power to order the humane destruction of any horse
considered unfit for further work on veterinary advice.
17.2
The Racing Committee is responsible for implementing a policy for the retirement and disposal of
horses whose racing careers, whatever the reason, have come to an end.
17.3
The Racing Committee is responsible for implementing a policy for the compulsory retirement from
racing and disposal of horses which are below the standard required for racing. The Stewards of the
Jockey Club will cause the policy in force to be published as an Instruction by the Stewards of the
Jockey Club (Stewards' Instruction 1). Each Owner and each member of a Partnership and Syndicate
acknowledges that the criteria for both voluntary and compulsory retirement shall be in the absolute
discretion of the Stewards of the Jockey Club and each agrees that he shall have no claim against the
Club, the Stewards of the Jockey Club or any Executive, Official or employee of the Club
consequential upon the retirement of a horse pursuant to such criteria as are from time to time in force
hereafter.
17.4
Each Owner, Partnership or Syndicate wishing to dispose of a horse for unsoundness or unsuitability
for racing or for any other reason is required to fill in a prescribed disposal form.
17.5
Each Owner, Partnership or Syndicate wishing to dispose of a horse abroad will be required to apply in
writing to the Stewards of the Jockey Club. Disposal to race or retire a horse outside Hong Kong may
be permitted in certain circumstance but only with the written permission of the Stewards of the Jockey
Club, and which permission shall be in their absolute discretion.
18. EFFECT OF RETIREMENT
On the retirement of a horse from racing, howsoever such retirement shall occur but except in the situation
referred to Bye-law 17.5, the Ownership of the retired horse shall vest in the Club, without payment, absolutely,
without further act on the part of either the registered Owner or the Club except where, at the request of the
registered Owner, the Racing Committee may agree otherwise.
19. REPLACEMENT PERMIT
Owners, following the retirement of their horse(s), may apply for a Replacement Permit to import a
replacement horse to race in Hong Kong. Granting of a Replacement Permit is at the sole discretion of the
Stewards of the Jockey Club based on the merits of each application and the prevailing policies of the Club.
The right to apply for a Replacement Permit is normally limited to the original owner(s) of the original horse
only.
20. DECLARATION ON AGENT
Each Owner, Partnership or Syndicate wishing to import a horse pursuant to a permit allocated is required to
make a declaration to the Club if any person has acted as his or their agent in connection with the purchase of
his or their new horse. Such declaration shall be made in a prescribed form and lodged at the Racing Registry
prior to importation of the new horse into Hong Kong.
21. VIOLATION OF THESE BYE-LAWS
If it shall be proved to the satisfaction of the Stewards of the Jockey Club that any horse or share in a horse has
been sold, purchased, mortgaged, let, hired or otherwise dealt with contrary to these Bye-laws, for the time
being in force, the Stewards of the Jockey Club shall be entitled to enforce Rule 150.
By Order of the
Racing Secretary
2 March 2015
OWNERSHIP BYE-LAWS
1.
2.
AUTHORITY FOR INTRODUCTION AND CITATION
1.1
These Bye-laws are made by the Stewards of the Jockey Club pursuant to the provisions of Article 45 of the
Articles of Association of the Club and, accordingly, are Rules of the Club. They are to be read in conjunction
with the Memorandum and Articles of Association of the Club.
1.2
These Bye-laws shall be referred to as the Ownership Bye-laws. They may be added to and amended from
time to time by the Stewards of the Jockey Club and notification of change will be published on the notice
boards in all the Clubhouse buildings and Jockey Club Headquarters, One Sports Road, Happy Valley.
APPLICATION OF THESE BYE-LAWS
These Bye-laws regulate the eligibility of Members and nominees of Corporate Members to own and to race horses
under the Club's Rules of Racing. They also provide for the sale, retirement and disposal of horses.
3.
APPLICATION OF GENERAL BYE-LAWS
The General Bye-laws shall have application to these Bye-laws as if the same were set out herein and repeated
seriatim.
4.
INTERPRETATION
In these Bye-laws the following expressions shall have the following meanings and, if appropriate, to the exclusion
of a corresponding definition in the Articles of Association or the General Bye-laws:
Expression
Meaning
Owner
Each person, whether an individual or a member of a Partnership or a Manager of a Syndicate,
or an approved body corporate, registered in accordance with Rule 39. The term 'Owner' shall
also include his Authorised Representative.
Member
Each person who has been elected and become a Member of the Club but excludes Associate
Members, Visiting Members, Corporate Members and Absent Members.
Recognised Racing
Authority
Any Racing Authority whose jurisdiction is from time to time recognised by the Club and
which gives effect to penalties and disabilities imposed by the Club.
Rule or Rules
The combination of the Rules of Racing of The Hong Kong Jockey Club and the Instructions
made by the Stewards of the Jockey Club.
5.
ELIGIBILITY TO BE REGISTERED AS AN OWNER
Only the following persons may be registered as Owners:-
6.
5.1
Members of The Hong Kong Jockey Club and their spouses.
5.2
Approved Partnerships and Syndicates the composition of which is restricted to Members of The Hong Kong
Jockey Club.
5.3
A body corporate approved by the Stewards of the Jockey Club.
5.4
Persons, members of Partnerships or Syndicates registered as Owners by any Recognised Racing Authority
and invited to register as Visiting Owners by the Stewards of the Jockey Club.
CATEGORIES OF OWNERSHIP
The categories of Ownership are:
6.1
Sole Owner:
A Member (other than a Racing Club Member or a nominee of a Corporate Member) who has registered
pursuant to Rule 39 (1)(i) and whose name is entered in the Register of the names of Owners maintained by
the Stewards of the Jockey Club pursuant to Rule 39 (2).
6.2
Partnership:
A Partnership comprises two (2), three (3) or four (4) persons, each of whom must be a Member (other than a
Racing Club Member or a nominee of a Corporate Member) which has registered under Rule 39 (1)(ii) having
complied with Rule 41 (2) and whose name is entered in the Register of the names of Owners maintained by
the Stewards of the Jockey Club pursuant to Rule 39 (2).
6.3
Syndicate:
A Syndicate comprises not less than five (5) and not more than fifty (50) persons all of whom must be
Members, all of whom must be qualified to be registered either as an Owner or as an ordinary member of a
Syndicate pursuant to Bye-law 5, which having complied with Rule 43 has registered under Rule 39 (1) (ii)
and whose name is entered in the Register of the names of Owners maintained by the Stewards of the Jockey
Club pursuant to Rule 39 (2). Changes in membership of Syndicates require approval from the Stewards of
the Jockey Club.
6.3.1 A Racing Club Member or a nominee of a Corporate Member who is not otherwise disqualified by the
Club's Bye-laws is eligible to be registered as an ordinary member of a Syndicate but shall not be
eligible to be a Manager.
6.3.2 Every member of a Syndicate shall be bound by the provisions and conditions set out in the Syndicate
Agreement.
6.3.3 An application for a change of composition of a Syndicate which has obtained an import permit in a
horse ballot will only be considered whereby a minimum of 80% of the applying members remain in
the Syndicate. This requirement remains in effect until after the horse imported by the Syndicate under
these circumstances has been in Hong Kong for twelve months.
6.3.4 Each member or manager must have at least 2% but not more than 30% share interest in a Syndicate.
7.
CATEGORIES OF HORSES
For the purposes of these Bye-laws, horses shall be deemed to fall into five (5) categories:
8.
7.1
An International Sale Griffin - hereinafter "ISG":
An ISG is a horse, previously unraced, purchased at the Hong Kong International Sale.
7.2
A Privately Purchased Horse - hereinafter "PP":
A PP is a horse, previously raced, imported privately pursuant to an Import Permit issued by the Club in
accordance with the Horse Ballot Bye-laws.
7.3
A Privately Purchased Griffin - hereinafter "PPG":
A PPG is a horse, previously unraced, imported privately pursuant to an Import Permit issued by the Club in
accordance with the Horse Ballot Bye-laws.
7.4
A locally purchased horse:
A PP, PPG, ISG or SG purchased by tender at a sale or at an auction conducted by the Club.
7.5
A Subscription Griffin - hereinafter "SG":
A SG is a horse drawn in a ballot for horses purchased by the Club unraced and offered for sale to Members
by subscription in accordance with the Horse Ballot Bye-laws.
ELIGIBILITY TO TAKE PART IN HORSE BALLOTS
Eligibility to take part in horse ballots is prescribed in Bye-law 13 of the Horse Ballot Bye-laws.
9.
RESPONSIBILITIES OF AN OWNER
All Owners are responsible for all risks in connection with their horses at all times, and shall hold the Club harmless
and indemnified against all claims for loss of or injury to their horses howsoever caused, including without
limitation, any mortality, loss of use or injury resulting from racing, barrier trials, stall tests, veterinary treatment,
transportation and any form of training activities.
12. ELIGIBILITY TO SUBMIT TENDERS FOR HORSES OFFERED FOR SALE
12.1
Any Owner whose name is included in the Reserve And Tender List which is in force at the time of posting
of the notice of sale, shall be eligible to submit a tender for the horse offered for sale. If equal tenders are
received then the highest on the List shall be awarded the horse.
12.2
Any tender submitted by any Owner (except the remaining partner(s) of the vending Partnership) whose
name is not included in the Reserve And Tender List in force at the time of posting of the notice of sale, shall
be invalid.
13. CHANGE OF OWNERSHIP
13.1
Any proposal for any change in the Ownership of any category of horse must be submitted in writing, with
reasons, for the approval of the Stewards of the Jockey Club, whose determination of such application shall
be final and binding on the applicant. The Stewards of the Jockey Club shall not be obliged to give any
reason for refusing any such application.
13.2
Without prejudice to the generality of Bye-law 13.1, no change of Ownership excluding the inclusion of the
spouse and / or children of an Owner whose name is included in the Register of the names of Owners
maintained by the Stewards of the Jockey Club pursuant to Rule 39 (2) or change in the composition of a
Syndicate duly registered in accordance with Rule 43 (7), will be permitted without the approval of the
Stewards of the Jockey Club unless for one or more of the following reasons:
13.4
13.2.1
The death of an Owner;
13.2.2
By express permission of the Stewards of the Jockey Club which will only be granted in
exceptional circumstances.
Without prejudice to the generality of Bye-law 13.1, the Stewards of the Jockey Club may permit a change of
Ownership without recourse to sale by tender:
13.4.1
13.5
To effect replacement of any partner for one of the reasons stated in Bye-law 13.2.1 or 13.2.2,
subject to the Rules on Partnerships, provided that any proposed new partner meets the
requirements of Bye-law 5.1 or 5.2 and at least one (1) original partner continuing as a member of
the Partnership.
Save as permitted pursuant to Bye-law 13.4, no change of Ownership will be permitted without recourse to
sale. Such sale shall be:
13.5.1
Subject to such conditions as the Stewards of the Jockey Club, in their unfettered discretion, shall
consider appropriate to impose including, without limitation to the generality of the foregoing, a
restriction on the amount of the net proceeds of sale which shall be payable to the selling Owner;
and
13.5.2
Conducted by way of sealed tender, which tender shall be subject to such conditions of tender as
the Stewards of the Jockey Club, in their unfettered discretion, shall impose and either generally or
specifically for a particular sale.
13.6
The disposal of horses through sale by tender will render the selling Member, Partnership or Syndicate
ineligible to take part in further draws for Import Permits or SGs unless the Stewards of the Jockey Club, in
their absolute discretion, shall determine otherwise. Any unfulfilled Import Permit held by the selling
Member, Partnership or Syndicate will be cancelled and allocated to the first person on the Reserve And
Tender List.
13.7
Changes in Ownership of a horse acquired by sealed tender will not be permitted without recourse to a
further sale by tender, save to permit the purchaser to create a Partnership with the purchaser's spouse and /
or children.
14. INELIGIBLE OWNERS
14.1
Should a Member become ineligible to continue as a Sole Owner or as a member of a Partnership or
Syndicate, howsoever, and, without prejudice to the generality of the foregoing, whether by resignation as a
Member, by resolution of the Stewards of the Jockey Club in exercise of Article 34(a) of the Articles of
Association, as a consequence of disciplinary action by the Stewards of the Jockey Club or by any body or
Committee to whom powers have been duly delegated by the Stewards of the Jockey Club, or by the action
of any Recognised Racing Authority, then, unless the Stewards of the Jockey Club, in their absolute
discretion, direct otherwise:
14.1.1
Each horse registered in the name of that Sole Owner will vest absolutely in the Club and without
payment on the part of the Club and without the requirement for any deed or document of transfer
of Ownership;
14.1.2
The share of each horse registered in each Partnership of which such Owner was a member shall
within sixty (60) days be purchased by the remaining partners at a valuation to be agreed between
the continuing partners and the ineligible Owner and in default of an agreement as to the valuation,
Ownership of each horse owned by the Partnership will vest absolutely in the Club and without
payment on the part of the Club and without the requirement for any deed and document to transfer
Ownership; and
14.1.3
The share of each horse registered in each Syndicate of which such Member was a member shall
within sixty (60) days be purchased by the remaining members of the Syndicate at a valuation to be
agreed between the continuing members of the Syndicate and the ineligible Member and in default
of an agreement as to the valuation, Ownership of each horse owned by the Syndicate will vest
absolutely in the Club and without payment on the part of the Club and without the requirement for
any deed and document to transfer Ownership.
14.2 The disposal of a horse whose Ownership has vested in the Club pursuant to Bye-law 14.1 shall be at the
discretion of the Stewards of the Jockey Club who may retire the horse or may direct that the horse be
offered for sale by tender, in which event the net proceeds of such sale, if any, shall be paid to the Sole
Owner, Partnership or Syndicate as the case may be.
14.3 No person divested of the Ownership of a horse by application of these Bye-laws, including, without
prejudice to the generality of the foregoing, the Estate of the Owner and each member of a Partnership or
Syndicate and their respective Estates, shall have any claim against the Club, the Stewards of the Jockey
Club, or any Executive, Official or employee of the Club, for the actual loss thereby sustained and/or any
other loss, if any, arising, howsoever, consequential upon the enforcement of Bye-laws 14.1 and 14.2.
14.4 Bye-law 14 applies to all horses acquired by any means.
15. RULES OF RACING AND STEWARDS' INSTRUCTIONS
Each Owner and each member of a Partnership or a Syndicate shall be deemed to have read and become conversant
with and agree to observe and abide by the Rules which include the Instructions made by the Stewards of the Jockey
Club, as, from time to time, are applicable. Copies of the Rules of Racing and Stewards' Instructions are available on
demand from the Racing Registry.
17. DEATH OF A SOLE OWNER
The following shall have application on the death of a Sole Owner:
17.1
Transfer of Ownership:
17.1.1
If within twenty-four (24) calendar months of the death of an Owner or such extended period as the
Stewards of the Jockey Club, in their absolute discretion, may permit, the Executor or
Administrator of the Estate of the deceased Owner registers the Grant of Probate or Letters of
Administration extracted by them with the Club and;
17.1.1.1
makes application in writing for the transfer of Ownership of the horse to a person who
is an Owner or who is eligible to be registered as an Owner in accordance with the
Club's Bye-laws;
17.1.1.2
encloses with such application such documents and forms as the Stewards of the
Jockey Club shall require;
17.1.1.3
undertakes, in writing, to produce such documentation as the Stewards of the Jockey
Club shall require to be satisfied as to the due and proper transfer by them of
Ownership to the nominated new Owner within the required period; and
17.1.1.4
discharges all sums owing by the deceased to the Club on any account, howsoever,
together with all livery fees up to and including the last day in which the transfer of
Ownership is deemed effective under Bye-law 17.1.2;
the Stewards of the Jockey Club will give consideration to such application.
17.1.2
17.2
Should the Stewards of the Jockey Club give their consent to such transfer of Ownership it shall be
deemed effective immediately and the horse shall be eligible to race under the name of the new
Owner.
Refusal of application for transfer of Ownership:
If the Stewards of the Jockey Club decline to consent to a requested transfer of Ownership of a horse or if
within the twenty-four (24) calendar months following the death of the Owner, or such extended period as
the Stewards of the Jockey Club, in their absolute discretion, may have permitted, whichever shall first
happen, a transferee acceptable to the Stewards of the Jockey Club cannot be found, the horse will be put up
for sale by tender in accordance with such terms and conditions as the Stewards of the Jockey Club, in their
absolute discretion, shall determine, and the proceeds of such sale, if any, shall be applied as prescribed by
Bye-law 17.7.
17.3
Sale of the deceased Owner's horse:
Unless, in their absolute discretion, the Stewards of the Jockey Club determine otherwise, an advertisement
of the sale by tender shall be issued upon the request of the Executor or individual entitled to the grant of
Letters of Administration or not later than the first twenty-four (24) calendar months of the death of the
Owner, whichever shall first happen. The proceeds of sales, if any, shall be applied as prescribed by Bye-law
17.7.
17.4
Transitional provisions:
Pending any sale, transfer of Ownership or the retirement of any horse affected by Bye-laws 17.1 to 17.3:
17.4.1
Except with the permission of the Stewards of the Jockey Club, the horse will remain with the
Trainer with whom it was stabled at the time of the death of the Owner, regardless of receipt of any
application for a stable transfer signed and dated prior to the Owner's death.
17.4.2
The horse will only be eligible to run in races pending a sale or transfer of Ownership if:
17.4.3
17.4.2.1
the Executor or the person entitled to the grant of Letters of Administration appoints
an authorised representative, who is acceptable to the Stewards of the Jockey Club;
and
17.4.2.2
the authorised representative agrees in writing to be bound by the Rules and these Byelaws.
Unless, in their absolute discretion, the Stewards of the Jockey Club determine otherwise, the
appointment of an authorised representative will not be permitted to exceed twenty-four (24)
calendar months.
17.5
No person shall be entitled to call upon the Stewards of the Jockey Club for any reason or explanation for
their refusal to approve a transfer to any proposed transferee, their rejection of an application for the
appointment of an authorised representative, or their refusal to extend the time within which any appointment
and/or application required under this Bye-law 17 must be made.
17.6
Neither the Estate of an Owner nor his Executor nor Administrator, as the case may be, nor any nominated
transferee shall have any claim, howsoever, against the Club, the Stewards of the Jockey Club, or any
Executive, Official or employee of the Club consequential upon the refusal of the Stewards of the Jockey
Club to consent to a transfer of Ownership.
17.7
Proceeds, if any, of a sale:
If a sale is effected and, after deducting from the price paid by the purchaser the costs incurred in the sale and
all sums owed by the deceased to the Club at the date of his death together with all livery charges incurred
pending the sale of the horse, there is a surplus, it shall be retained by the Club until production of the Grant
of Probate or Letters of Administration to the Estate of the deceased Owner, as the case may be, when it shall
be paid to the Estate together with any interest which may have accrued.
17.8
If no tenders for the horse are received or if none of the tenders received is, in the opinion of the Stewards of
the Jockey Club, acceptable, the Stewards of the Jockey Club are deemed authorised to order the horse
retired, in which event all of the livery fees incurred from the day on which the registered Owner died shall
be borne by his Estate unless the Stewards of the Jockey Club, in their absolute discretion, decide to waive
that requirement.
17.9
If the Stewards of the Jockey Club decline to accept any of the tenders for the horse, or to waive outstanding
livery fees, no person shall be entitled to be given any reason for their decision.
18. DEATH OF AN OWNER IN A PARTNERSHIP OR SYNDICATE
18.1
When death within a Syndicate occurs it will be the responsibility of the remaining Syndicate members to
come to an agreement with the executor or the administrator of the deceased Syndicate member’s estate as to
the value of the deceased Syndicate member’s share in the horse. The remaining Syndicate members
undertake to have resolved the question of the disposal of the share of the deceased Syndicate member within
one hundred and eighty (180) days of his death and to transfer the proceeds of the disposal of the share of the
deceased Syndicate member to his estate without delay. Any dispute relating to the disposal of the deceased
Syndicate member’s share shall be referred to the Stewards of the Jockey Club whose decision shall be final.
18.2
In the event of the death of a partner, the horse(s) owned by the partnership shall be eligible to run in races
pending a transfer of the deceased partner’s share to a new partner provided that:
18.2.1
the executor or the administrator of the deceased partner’s estate shall have appointed an authorized
representative, who is acceptable to the Stewards of the Jockey Club;
18.2.2
the authorized representative agrees in writing to be bound by the Rules and these Bye-laws.
18.3
If the conditions set out at Bye-law 18.2 cannot be met then the partners or any one of them shall forthwith
report the same to the Stewards of the Jockey Club who as soon as practical shall cause the horse(s) owned
by the partnership to be sold pursuant to the Horse Ballot Bye-laws and the net proceeds of the sale shall be
distributed amongst the surviving partners and the estate of the deceased partner according to their declared
or deemed percentage interest in the horse(s).
18.4
Upon receipt of the Grant of Probate or Letters of Administration, the executor or the administrator of the
deceased partner’s estate shall:
18.5
18.4.1
make an application in writing for the transfer of the share of the deceased partner to a person who
is an Owner or who is eligible to be registered as an Owner in accordance with the Club’s Byelaws;
18.4.2
enclose with such application such documents and forms as the Stewards of the Jockey Club shall
require;
18.4.3
undertake, in writing, to produce such documentation as the Stewards of the Jockey Club shall
require to be satisfied as to the due and proper transfer by them of the share of the deceased partner
to the new partner within the required period;
The Stewards of the Jockey Club reserve the right to reject an application for transfer of the deceased
partner’s share to a person without giving any reason. Should the Stewards of the Jockey Club reject such
application for transfer of share, the horse shall be offered for sale by tender and the net proceeds of the sale,
if any, shall be paid to the remaining partner(s) and the executor or the administrator (as the case may be) of
the deceased partner’s estate.
19. TRAINER SYNDICATE
19.1
Each Trainer Syndicate is administered by a Trainer whose responsibilities include but not limited to keeping
the register of the members and accounts, making contribution calls, liaising with the Club and purchasing
horse(s).
19.2
Any transfer of stables is not allowed until after the completion of a horse's third calendar year in The Hong
Kong SAR.
20. VIOLATION OF THESE BYE-LAWS
If it shall be proved to the satisfaction of the Stewards of the Jockey Club that any horse or any share in a horse has
been sold, purchased, mortgaged, let, hired or otherwise dealt with contrary to these Bye-laws for the time being in
force, the Stewards of the Jockey Club shall be entitled to enforce Rule 150.
By Order of the
Racing Secretary
2 March 2015
OWNERSHIP CONTROL, BETTING AND TIPPING
1.
2.
Ownership Control
a.
Owning a racehorse in Hong Kong is a privilege as there are many more aspiring Owners than
there are horses available. It is incumbent upon all Owners to understand and abide by the Club's
rules regarding ownership, and to exercise proper control over their own horses.
b.
When a Member submits an application to import a horse or applies for a Subscription Griffin he
undertakes to be responsible for the management of that horse during its racing life. The Owner is
required to delegate certain responsibilities to his Trainer as the "Authorised Agent" under the
"Authority to Act Rule" (Rule 163 and Rule Definitions) so that the Trainer can enter the horse for
races and engage a Jockey. The Owner may not wish to be consulted in these processes, but he
would be breaking the Rules if he allowed any person other than the Trainer to make or control
entries or engage a Jockey unless he has received approval for the appointment of that person as his
"Authorised Representative", under Rule 44. It is the Owner's responsibility, under the Rules of
Racing, to ensure that his Trainer instructs the Jockey to ride the horse in such a manner as to
obtain the best possible placing.
c.
Owners are responsible for meeting all livery and training charges themselves; to permit another
individual to pay these charges would indicate that control had been passed to that party.
d.
It is perfectly permissible for an Owner to seek the advice and assistance of his Trainer, his Jockey
or his friends in the purchase and import of his horse. Thereafter, the responsibility for the horse's
general control and management rests squarely with the individual Owner himself. In the case of a
partnership or a syndicate, the Managing Partner or Syndicate Manager is held to be responsible.
Race Tips
a.
By a Trainer
(1) The Rules do not prohibit an Owner from seeking tips from his own or, indeed from any
Trainer in respect of any runners in any race. However, an Owner has no entitlement to
privileged information about any horse, except his own, and it is entirely up to the Trainer
whether or not he provides information about other horses. A Trainer has a right, and a duty,
to maintain confidentiality regarding the performance of other Owners' horses in his stable.
(2) The Rules prohibit an Owner from offering any reward, including an interest in a bet, to
induce a Trainer to give him tips concerning horses other than his own.
(3) The Stewards of the Jockey Club consider it improper for an Owner to try to obtain
information by means of any threat, such as the removal of a horse from the stable.
b.
By a Jockey
(1) The giving of tips by Jockeys is a very different matter.
(2) Naturally, each Owner will be interested in the state of fitness of his own horse as well as its
chances in any race in which it is to run. The Owner of a horse is fully entitled to ask the
Jockey who has been riding the horse in work about its state of fitness and about its race
chances; if a different Jockey is to ride the horse in the race the Owner is of course also
entitled to ask the race Jockey.
(3) It is equally permissible for a Jockey, like any other individual, to express his general views
and opinions on the chances of any horse in any race. However, that is very different from
passing information privately to an individual, and this is not permitted. It must be appreciated
that a Jockey will frequently be in possession of privileged information about horses, and he is
explicitly forbidden by the Rules of Racing to pass on any such information to anybody except
the Owners and Trainers of those horses. This means that no person, Owner or otherwise,
should try to persuade or even ask a Jockey to give tips. If a Jockey does so then he is liable to
disciplinary action; so too would be the person who persuaded the Jockey to divulge such
information, whether for reward or not. All Jockeys have been warned about this and have
been told that they should refer any such requests to the Trainer.
3.
Betting
a.
By a Trainer
A Trainer is allowed to bet and to have an interest in a bet, provided that such interest is not by way
of inducement.
b.
By a Jockey
(1) Jockeys are not allowed to bet nor are they allowed to have any interest in a bet under any
circumstance. All Jockeys are aware of this and know that they face disciplinary action, and
possibly disqualification, if they break this Rule. Any person who places a bet on behalf of a
Jockey also breaks the Rules.
(2) The reason why Jockeys are more tightly controlled than Trainers is very simple. A weak or
unscrupulous Jockey could be tempted or pressurised into riding according to his bets or tips
rather than on the merits of his horse. For a Jockey to bet, or to pass information, can therefore
be a first step towards race fixing and corruption.
Executive Director, Racing
2 March 2015
BANK REFERENCE LETTER
SAMPLE
[DATE]
Racing Secretary
The Hong Kong Jockey Club
12/F, Jockey Club Headquarters
1 Sports Road
Happy Valley
Hong Kong
Dear Sir,
[Name of the Applicant]
We understand that Mr XXX has submitted an application to the Hong Kong
Jockey Club for this year’s Horse Import Permits Ballot.
In this connection, we hereby certify that Mr XXX has maintained an active
and well-conducted account with us since XXXX.
To the best of our knowledge, we believe that Mr XXX is capable of meeting
all the horse related charges up to HKD 1,250,000 per year.
This information is given in strict confidence and without any responsibility
howsoever arising on the part of the Bank or any of its officers.
Yours faithfully,
For and on behalf of
XXX Bank Limited
XXXX
[Title]

HORSE IMPORT PERMITS BALLOTS 9 JUNE 2015 The Club will

Transcription

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