1988 Ed.]
Securities (Disclosure of Interests)
[CAP. 396
17
Register of interests in shares
16. (1) Every listed company shall keep a register for the purposes of sections 3 to 7, and whenever the company receives information from a person in consequence of the performance of a duty imposed on him by any of those sections, it is under a duty to inscribe in the register, against that person's name, that information and the date of the inscription.
(2) Without prejudice to subsection (1), where a listed company receives a notification under this Part which includes a statement that the person making the notification, or any other person, has ceased to be a party to an agreement to which section 9 applies, the listed company is under a duty to record that information against the name of that person in every place where his name appears in the register as a party to that agreement (including any entry relating to him made against another person's name).
(3) A duty imposed by subsection (1) or (2) must be performed within the period of 3 days next following the day on which it arises.
(4) The listed company is not, by virtue of anything done for the purposes of this section, affected with notice of, or put upon enquiry as to, the rights of any person in relation to any shares.
(5) The register must be so made up that the entries against the several names entered in it appear in chronological order.
(6) Unless the register is in such form as to constitute in itself an index, the listed company shall keep an index of the names entered in the register which shall in respect of each name contain a sufficient indication to enable the information entered against it to be readily found; and the listed company shall, within 10 days after the date on which a name is entered in the register, make any necessary alteration in the index.
(7) Subject to section 283 of the Companies Ordinance (Cap. 32), if the company ceases to be a listed company it shall continue to keep the register and any associated index until the end of the period of 6 years beginning with the day next following that on which it ceases to be such a listed company.
(8) The register and any associated index-
(a) shall be kept at the place at which the register required to be kept by the company by section 29 is kept; and
(b) subject to the next subsection, shall be available for inspection in accordance with section 27.
(9) Neither the register nor any associated index shall be available for inspection in accordance with that section in so far as it contains information with respect to a company for the time being entitled to avail itself of the benefit conferred by section 128(3) or 129(3) of the Companies Ordinance.
(10) If default is made in complying with subsection (1) or (2), or with any of subsections (5) to (7), the listed company and every officer of it who is in default commits an offence and is liable to a fine of $2,000 and, in the case of a continuing offence, to a further fine of $200 for each day during which the offence continues.
(11) In this section "register", unless the context otherwise requires, means the register a listed company is, by subsection (1), required to keep.