Isque of new share
original is lost.
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3. (1) Any person who is the registered proprietor of certificate any shares in the Bank or claims to have become entitled whore to be registered in the register of members as the proprietor thereof and who is not in possession of the share certificate relating thereto may, within three months from the com- mencement of this Ordinance, apply in writing to the Bank at its Head Office in the Colony of Hong Kong for the issue of a new share certificate under the provisions of this section.
(2) Such application shall be made in the manner Forin No. 1.specified in Farm No. 1 of the Schedule to this Ordinance and shall be accompanied by a statutory declaration which, in the case of the application being made by a person other than the registered proprietor, shall verify the claim and shall in all cases state-
(a) when the share certificate was last in the applicant's possession and how he lost possession thereof; (b) whether the applicant has executed any transfer in respect thereof, whether in blank or otherwise; and
(c) that no other person is entitled to be registered as the proprietor of the said shares.
(3) If the Bank has not received notice of any conflicting claim, it shall, after compliance with the provi- sions of sub-sections (4) and (5) of this section, advertise in the Gazette in three successive months in the manner Form No. 2. specified in Form No. 2 of the Schedule to this Ordinance its intention to issue a new certificate in respect of all or any of the shares to which the application relates.
(4) If such application is made by the registered proprietor or the registered proprietor joins in the application the Bank may insert the first advertisement under the sub- section immediately preceding as soon as the secretary of the Hong Kong Stock Exchange Limited has certified to the company in writing at the foot of a copy of the proposed advertisement by him in accordance with the provisions of sub-section (6) of this section.
(5) If such application is made otherwise than as aforesaid the Bank may insert such advertisement only if no objection is received from the registered proprietor within ninety days after a copy of such proposed notification has been served upon him by the Bank by sending the same by registered post to his last registered address,
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(6) The Hong Kong Stock Exchange Limited shall set aside a conspicuous place in the Stock Exchange Building for the posting and exhibition of copies of proposed advertise- ments auder sub-section (5) of this section and shall, at the request of the Bank, exhibit in such place any copy of a proposed advertisement required by sub-section (3) of this Section supplied to the said Stock Exchange by such secretary.
(7) Upon the expiration of three months from the first insertion in the Gazette of the prescribed advertisement, if the Bank has not received notice of any claim, whether given before or after the commencement of this Ordinance, conflicting with the application for a new share certificate it may issue a new share certificate to the applicant not- withstanding the non-production of the certificate granted to the person appearing in the register as the registered proprietor and shall in such event cancel such lastly men- tioned certificate.
(8) The issue of a new share certificate and the cancellation of the previous certificate provided for by the preceding sub-section shall be notified in the Gazette in the manner specified in Form No. 3 of the Schedule to this Form No. 3. Ordinance and a copy thereof shall be sent by the Bank to the said Stock Exchange.
(0) Where n share certificate has been cancelled in accordance with the provisions of sub-section (7) the following provisions shall apply-
(a) Rectification of the register may still be made in favour of a person claiming under such share certificate as against the person to whom a new share certificate has been granted but shall not be made as against a bona fide purchaser for value without notice from the person to whom such new share certificate has been granted or against any person claiming under such bona fide purchaser.
(b) In the event of an order for rectification being made under the preceding paragraph the Bank shall not be or be made liable in any way whatsoever for having issued and acted on the new certificate.
(e) In any case in which, but for the provi- sions of this section, a person claiming under a share certificate which has been cancelled by the Bank under the provisions of this section, would have been entitled to have his name placed on the register of members as proprietor of the shares to which such certificate relates the Bank shall