Firm Schedule.
Second Schedule.
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(v) specifics whether, in the event of a person accept- ing the offer, the offeror will pay any stamp duty which that person will become liable to pay in respect of the contract note as a result of the transaction;
(vi) bears a date which is not more than 3 days before The date on which the offer is communicated;
(vii) if the offer relates to the acquisition of securities, satisfies the requirements of the First Schedule;
(viii) if the offer relates to the disposal of securities, satisfies the requirements of the Second Schedule;
(ix) where a report of an expert in connexion with the offer is included in or annexed to the offer, contains a statement to the effect that the expert has consented to the inclusion or annexure, and has not, before the com- munication of the offer, withdrawn that consent;
(c) the offer includes a translation, as the case requires, in the Chinese or English language of all the particulars required under paragraph (5), except where the Commissioner has previously agreed that the requirements of this paragraph may be dispensed with in any particular case.
(2) A document containing an offer to which subsection (1) relates which includes a statement purporting to be made by an expert shall not be communicated unless the expert has given and has not, before communication of a copy of the offer, withdrawn his written consent to the communication of the offer with the inclusion of the statement in the form and context in which it is included.
(3) Subject to subsection (5), any dealer who communicates an offer for the acquisition or disposal of securities without having complied with subsection (1) and subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $10,000.
(4) Where any person has accepted an offer for the disposal or acquisition of securities under this section and the offer has been made without the requirements of subsection (1) and sub- section (2) having been complied with. that person may, subject to the rights of any hona fide purchaser of the securities for value. rescind the acceptance, by notice in writing, within 28 days after the date of the discovery of the failure to comply or of the date when, with reasonable diligence, the failure to comply ought to have been discovered.
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(5) Without prejudice to the provisions of section 3, this section does not apply to—
(a) any offer to dispose of securities of a corporation to persons who already hold securities of that corporation; (5) any offer by a dealer if the offer is made to a person with whom, or on whose behalf, the dealer has transacted the sale or purchase of securities on at least 3 occasions during the period of 3 years immediately preceding the offer; or
(c) any offer made to-
(1) a person whose business involves the acquisition or disposal or holding of securities; or
(ii) a solicitor or professional accountant; or
(ii) any other person who belongs to a class of persons prescribed in regulations for the purposes of this para- graph;
(d) any offer made by a stockbroker in the ordinary course
of trading on the exchange.
(6) Where a dealer communicates an invitation which invites a person to acquire or dispose of any security held by that person.
in a corporation, then for the purposes of this section-
(a) that invitation is deemed to be an offer; and
(b) an offer to acquire or dispose of that security made by that person in response to the invitation is deemed to be an acceptance by that person of an offer to acquire or. as the case may be, an offer to dispose of the security, and references in this section to "acceptance" shall be construed accordingly.
(7) An offer to acquire or dispose of a right to acquire or dispose of a security or an interest in a security is deemed to be an offer to acquire or dispose of a security; and a reference to a person who holds securities includes a reference to a person who holds a right to acquire a security or an interest in a security.
(8) For the purposes of this section "expert" includes an engineer, valuer, professional accountant, and solicitor, and any other person whose profession gives authority to a statement made by him.
(9) For the purposes of this section an offer to acquire or dispose of securities in consideration or part consideration for