1974-HKRS28-16-22_Part02 — Page 1

Defences,

56

(2) Notice under subsection (1) shall be given-

(a) if the person is a person to whom this Part applies al the commencement of this section, within one month after that dates or

(b) in any other case, in or as part of the person's applica.

tion for registration under this Ordinance.

(3) A notice under paragraph (a) of subsection (2) shall be given as provided in that paragraph notwithstanding that the person bas ceased to be a person to whom this Part applies before the expiration of the appropriate time referred to in that paragraph.

(4) A person to whom this Part applies shall keep the register of his interests in securities at the place specified in the notice given under subsection (1) unless he gives a subsequent notice to the Commissioner in the form prescribed by regulations to the effect that the register is kept at some other place specified in the subsequent notice, in which case he shall keep the register- (a) where only one such subsequent notice has been given,

at the other place specified in that notice; or

(b) where more than one such subsequent notice has been given, at the other place specified in the later or latest of those notices.

(5) A person who ceases to be a person to whom this Part applies shall give notice in the form prescribed by regulations to the Commissioner of that fact within 14 days thereafter.

(6) A person who contravenes any provision of this section that is applicable to him shall be guilty of an offence and shall be liable on conviction to a fiue of $2,000.

69. (1) It shall be a defence to a prosecution for contraven- ing any provision of section 67(5) or section 68(6) if the defendant proves that the contravention was due to his not being aware of a fact or occurrence the existence of which was necessary to constitute the offence.

(2) For the purposes of this Part, a person shall, in the absence of proof to the contrary, be presumed to have been aware at a particular time of a fact or occurrence relating to securities of which a servant or agent of the person, being a servant or agent having duties or acting in relation to his employer's or principal's interest in the relevant securities, was aware at that time.

57

70. The Commissioner may require a person to whom this Power of Part applies to produce for inspection the register required to Commis

sioner to be kept pursuant to section 67, and the Commissioner may make require copies of or take extracts from the register.

certain in- formation to be supplied To him.

71. The Commissioner may supply a copy of any such Power of register, or a copy of an extract from it, to the Attorney General, Commis- sioner to who may, if he has reason to believe that an offence under this

supply copy Ordinance may have been committed, deliver the copy to any of register. person whom he thinks fit for the purposes of an investigation or a prosecution of the offence.

PART VIII

TRADING IN SECURITIES

dealers.

72. (1) A dealer shall not in Hong Kong communicate an Offers by offer to acquire or dispose of securities of a corporation unless-

(0 the offer-

(i) is written in the English or Chinese language; or (ii) if communicated verbally, is reduced to writing in the English or Chinese language and delivered to the person or persons to whom it was made not later than 24 hours after the verbal communication; and

(b) the offer-

(1) specifics the name and address of the offeror and, if any person is making the offer on behalf of the offeror, the name and address of that person:

(ii) contains a description of securities sufficient to identify them;

(iii) specifies the terms of the offer (including where appropriate the amount of consideration proposed to be paid for securities acquired pursuant to the offer);

(v) where a dividend has been declared or recom- mended in respect of the securities, or it is anticipated that a dividend will be so declared or recommended before the transfer of the securities, states whether the securities are to be transferred with or without that dividend: