98
CAP. 24]
Securities and Futures Commission
[1989 Ed.
information is included in notes under section 128 of that Ordinance of an examination under Part XI thereof or a report made under section 130 of that Ordinance) to—
(i) the Financial Secretary;
(ii) the Attorney General; (iii) the police;
(iv) the Independent Commission Against Corruption;
(v) the Insider Dealing Tribunal;
(k) obtained by an investigator under section 33 to any person
mentioned in paragraph (j)(i) to (v); or
(l) for the purpose of, or otherwise in connection with, an audit
required by section 16.
(3) Where information is disclosed in any of the circumstances described in subsection (2), neither-
(a) the person to whom that information is disclosed; nor
(b) any person obtaining or receiving the information, whether directly or indirectly, from the person referred to in paragraph
(a),
shall disclose the information, or any part thereof, to any other person without the consent of the Commission.
(4) Subject to subsection (5), the chairman or any other director of the Commission or any person employed in the administration of any provision of the relevant Ordinances shall not directly or indirectly effect or cause to be effected, on his own account or for the benefit of any other person, any transaction regarding securities, a futures contract or property investment arrangements—
(a) which he knows to be the subject of an investigation or proceedings by the Commission under any of the relevant Ordinances or to be the subject of other proceedings under this Ordinance or is being otherwise considered by the Commission; (b) which he knows to be connected with a matter which is either the subject of an investigation or proceedings mentioned in paragraph (a) or is being otherwise considered by the Commission; or
(c) in respect of which a prospectus or any take-over document is to his knowledge, being considered by the Registrar of Companies for registration under the Companies Ordinance (Cap. 32). (5) Subsection (4) does not apply to, or in respect of, any right of the holder of securities by virtue of being that holder-
(a) to exchange the securities or convert them to another form of
securities;
(b) to participate in a scheme of arrangement approved by the High
Court under the Companies Ordinance (Cap. 32);