A338
Ord. No. 63/88
(Cap. 32)
(Cap. 155)
(Cap. 333)
(Cap. 155)
(Cap. 32)
(Cap. 32)
SECURITIES (DISCLOSURE OF INTERESTS)
(b) in respect of which the information required by section 129(1) or (2) of the Companies Ordinance has been stated in, or in a note on, or statement annexed to, the accounts submitted to the last annual general meeting of the listed company or the listed company's holding company prior to the event giving rise to any relevant duty under this Ordinance;
"associated index”, in relation to a register, means the index kept in relation
to that register in pursuance of section 16(6);
"authorized financial institution" means a bank or deposit-taking company
licensed or registered under the Banking Ordinance;
"chief executive" means the person employed by a corporation who either alone or together with one or more persons is or will be responsible under the immediate authority of the board of directors for the conduct of the business of the corporation;
"child" includes a step-child;
"Commission" means the Securities Commission established under Part II
of the Securities Ordinance;
"Commissioner" means the Commissioner for Securities appointed under
section 6 of the Securities Ordinance;
"Commissioner of Banking" means the Commissioner of Banking
appointed under section 6 of the Banking Ordinance; "corporation" means any company or other body corporate formed or
incorporated either in Hong Kong or elsewhere;
"debenture" includes debenture stock, bonds and other securities of a company, whether constituting a charge on the assets of the company or not;
"director" includes any person occupying the position of director, by
whatever name called;
"document" includes register;
"holding company" means any company which is a holding company within
the meaning of section 2(7) of the Companies Ordinance; "inspector" means an inspector appointed under section 33 or 34;
"listed" means listed on the Unified Exchange;
"listed company" means—
(a) a company as defined in section 2(1) of the Companies Ordinance;
or
(b) any other body incorporated in Hong Kong under an Ordinance, in the case of which securities are listed;
"memorandum" means the memorandum of association of a company, as
originally framed or as altered in pursuance of any enactment; "notifiable percentage" means the notifiable percentage specified in section 6
or such other percentage as is prescribed by regulations;
At
SECURITIES (DISCLOSURE OF INTERESTS)
Ord. No. 63/88
A339
"number", in relation to shares, includes amount, where the context admits
of the reference to shares being construed to include stock; "officer", in relation to a corporation, includes a director, manager or
secretary;
"register of interests in shares" means the register kept in pursuance of section 16 including, except where the context otherwise requires, that part of the register kept in pursuance of section 19; "regulations" means regulations made under section 53;
"relevant share capital" means the listed company's issued share capital of a class carrying rights to vote in all circumstances at general meetings of the company;
"securities" means securities as defined in section 2 of the Securities (Cap. 333)
Ordinance;
"shadow director" means a person in accordance with whose directions or instructions the directors of a corporation are accustomed to act:
Provided that a person shall not be deemed to be a shadow director by reason only that the directors act on advice given by him in a professional capacity;
"shares" means shares in the share capital of a corporation, and includes stock except where a distinction between stock and shares is express or implied;
"subsidiary" means any company which is a subsidiary within the meaning
of section 2(4), (5) and (6) of the Companies Ordinance; "Unified Exchange" means the stock market established under section 27 of
the Stock Exchanges Unification Ordinance.
(Cap. 32)
(Cap. 361)
(2) In this Ordinance securities are deemed to be listed on the Unified Exchange when the Unified Exchange has, on the application of the company which issued the securities, or on the application of any holder of the securities, agreed to allow, subject to the requirements of the Securities (Cap. 333) Ordinance, dealings in those securities to take place on the Unified Exchange, and notwithstanding that dealings in such securities have been suspended, they shall continue to be deemed to be so listed throughout such suspension.
(3) For the purposes of paragraph (b) of the definition of "associated corporation" in subsection (1) the information referred to in that paragraph shall be deemed to have been stated in, or in a note on, or statement annexed to, the accounts on the day on which the company commences to send out copies of the accounts to its members under section 129G of the Companies (Cap. 32) Ordinance; and to have ceased to have been so stated, on the day on which the company commences so to send out copies of the accounts, being accounts from which such information is omitted, in any subsequent financial year of the company.
(4) Where a listed company's share capital is divided into different 1985 c. 6, classes of shares, references in this Ordinance to a percentage of the nominal s. 198(2) value of its relevant share capital are to a percentage of the nominal value of the issued shares comprised in each of the classes taken separately.