A
COMPANIES (AMENDMENT)
Ord. No. 12/88
A47
(4) A report under subsection (3) shall state whether in the opinion of the auditors the statement contains the partic- ulars required by subsection (2) and where their opinion is that it does not, they shall include in the report, so far as they are reasonably able to do so, a statement giving the required particulars.
(5) A company which is an authorized financial institu- tion shall give public notice of the date of its annual general meeting in, respectively, an English language newspaper and a Chinese language newspaper specified in a list of news- papers issued for the purposes of section 71A by the Secretary for Administrative Services and Information and published in the Gazette.
(6) The notice referred to in subsection (5) shall be published not less than 28 days before the date of the meeting.
(7) If any person being a director of a company fails to take all reasonable steps to secure compliance by the com- pany with the requirements of this section, or has by his own wilful act been the cause of any default by the company thereunder, he shall be liable on conviction to imprisonment for 6 months and to a fine of $10,000.
(8) As respects an offence under this section— (a) in any proceedings against a person in respect of such an offence consisting of a failure to take reasonable steps to secure compliance by the com- pany with the requirements of this section, it shall be a defence to prove that he had reasonable ground to believe and did believe that a competent and reliable person was charged with the duty of seeing that those requirements were complied with and was in a position to discharge that duty; and
(b) a person shall not be sentenced to imprisonment for such an offence unless, in the opinion of the court dealing with the case, the offence was committed wilfully.
(9) The statement referred to in subsection (2) shall be made available for inspection during business hours (subject to such reasonable restrictions as the company may by its articles or in general meeting impose, so that not less than 2 hours in each day be allowed for inspection) by any member of the company, without charge and by any other person on payment of $5, or such less sum as the company may prescribe, for each inspection.
(10) Any member of the company or other person may require a copy of the statement referred to in subsection (2), or any part thereof, on payment of 25 cents, or such less sum as the company may prescribe, for every 100 words or fractional part thereof required to be copied. The company shall cause any copy so required by any person to be sent to that person within a period of 10 days commencing on the day next after the day on which the requirement is received by the company.