1974-HKRS28-16-22_Part06 — Page 4

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that class represented by the shares held; and

(4) if the company also holds shares in that other body corporate of another class (whether or not comprised in its equity share capital), or of other classes (whether or not so com- prised), the like particulars as respects that] other class or, as the case may be, each of those other classes.

(2) If, at the end of its financial year, a com- pany holds shares in another body corporale (not)] being its subsidiary) and the amount of all the shares therein which it holds (as stated or incloded in its accounts laid before it in general meeting) exceeds) one tenth of the amount of its assets (as so stated), there shall be stated in, or in a note on, or statement annexed to, those accounts-

(a) the name of that other body corporate; (b) the country in which it is incorporated:

and

(c) in relation to shares in that other body corporate of each class held, the identity of the class and the proportion of the nominal value of the issued shares of that class represented by the shares held.

(3) Neither subsection (1) nor subsection (2) shall require the disclosure by a company of infor- mation with respect to another body corporate if that other body is incorporated outside Hong Kong or. being incorporated in Hong Kong, carries on business outside Hong Kong if the disclosure would, in the opinion of the directors of the company, be harmful to the business of the company or of that other body and the Financial Secretary agrees that the information need not be disclosed.

(4) If, at the end of its financial year, a com- pany falls within subsection (1) in relation to more bodies corporate than one, and the number of them is such that, in the opinion of the directors, com- pliance with that subsection would result in partic- ulars of excessive length being given, compliance with that subsection shall not be requisite except in

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the case of the bodies, carrying on the businesses the results of the carrying on of which, in the opinion of the directors, principally affected the amount of the profit or loss of the company or the amount of its assets.

(5) Where, in the case of a company, advantage is taken of subsection (4),-

(a) there must be included in the statement dealing with the bodies last mentioned in that subsection the information that it deals only with them; and

(6) the particulars given in compliance with subsection (1), together with those which, but for the fact that advantage is so taken, would have to be so given, shall be annexed to the annual return first made by the com- pany after its accounts have been laid before it in general meeting.

(6) If a company fails to satisfy an obligation imposed on it by subsection (5) to annex particulars to a return, the company and every officer of the company who is in default shall be liable to a default fine.

(7) For the purposes of this section—

(a) shares of a body corporate shall be treated as being held, or as not being held, by another such body if they would, by virtue of subsections (4) to (7) of section 2 (but on the assumption that paragraph (b)ii) of subsection (6) had been omitted therefrom), be treated as being held or, as the case may be, as not being held by that other body for the purpose of determining whether the first-mentioned body is its subsidiary; and (b) the proportion of the nominal value of the issued shares of any class represented by the shares held by the company shall be stated by way of a percentage, and any such percentage may be stated to the near- est whole number per cent except where it is between 49% and 50%, in which event it shall be stated to as many decimal places