A354

Ord. No. 63/88

Company investigation on requisition by members 1985 c. 6,

Company

report to members

s. 214

SECURITIES (DISCLOSURE OF INTERESTS)

(3) Whenever in pursuance of a requirement imposed by a listed com- pany that is or is the holding company of an authorized financial institution on a person under section 18 the listed company receives information to which this section applies, and that information relates to listed shares, the company is under a duty (in addition to the duty imposed by subsection (1)) to notify the Commissioner of Banking of that information.

(4) This section applies to any information received in pursuance of a requirement imposed by section 18 which relates to the present interests held by any persons in shares comprised in relevant share capital of the company in question.

(5) A duty imposed on a listed company by subsection (1) or (3) must be performed before the end of the day next following that on which it arises.

(6) If a listed company makes default in complying with this section the company and every officer of it who is in default commits an offence and is liable to a fine of $2,000.

21. (1) A listed company may be required to exercise its powers under section 18 on the requisition of members of the company holding at the date of the deposit of the requisition not less than one-tenth of such of the paid-up capital of the company as carries at that date the right of voting at general meetings of the company.

(2) The requisition must-

(a) state that the requisitionists are requiring the company to exercise

its powers under section 18;

(b) specify the manner in which they require those powers to be

exercised; and

(c) give reasonable grounds for requiring the company to exercise

those powers in the manner specified,

and must be signed by the requisitionists and deposited at the company's registered office.

(3) The requisition may consist of several documents in like form each signed by one or more requisitionists.

(4) On the deposit of a requisition complying with this section it is the company's duty to exercise its powers under section 18 in the manner specified in the requisition.

(5) If default is made in complying with subsection (4), the listed company and every officer of it who is in default commits an offence and is liable on summary conviction to a fine of $10,000 and on conviction upon indictment to a fine of $100,000.

(6) In this section and in sections 22 and 23 a reference to a company's registered office shall, where the company does not have a registered office in Hong Kong, be deemed to be a reference to the company's principal place of business in Hong Kong.

22. (1) On the conclusion of an investigation carried out by a listed company in pursuance of a requisition under section 21, it is the company's 1985 c. 6, s. 215 duty to cause a report of the information received in pursuance of that investigation to be prepared, and the report shall be made available at the company's registered office within 15 days after the conclusion of that investigation.

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