A370
Ord. No. 63/88
Prosecution of offences
Limitation on
of proceedings (Cap. 227)
Method of giving
notification to a
listed
company
Form of
registers and indices
Regulations
Forms
SECURITIES (DISCLOSURE OF INTERESTS)
(2) Where the affairs of a corporation are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the corporation.
(3) In this section "director", in relation to an offence under section 28(8) or 31(6), includes a shadow director.
49. Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Attorney General in relation to the prosecution of such offences, the Commissioner may institute proceedings in respect of any offence against this Ordinance that is punishable on summary
conviction.
50. Notwithstanding section 26 of the Magistrates Ordinance, an information or complaint relating to an offence under this Ordinance may be tried if it is laid or made, as the case may be, at any time within 3 years after the commission of the offence or within 12 months after the first discovery thereof by the prosecutor, whichever period expires first.
51. Any notification required to be given to a listed company under this Ordinance may be given by leaving it at or sending it by post to the registered office of the listed company or, where the listed company does not have a registered office in Hong Kong, the listed company's principal place of business in Hong Kong.
52. (1) Any register or index required by this Ordinance to be kept by a company may be kept either by making entries in bound books or by recording the matters in question in any other manner.
(2) The power conferred on a company by subsection (1) includes power to keep the register or index by recording the matters in question otherwise than in a legible form so long as the recording is capable of being reproduced in a legible form.
(3) If any register or index required by this Ordinance to be kept by a company is kept by the company by recording the matters in question otherwise than in a legible form, any duty imposed on the company by virtue of this Ordinance to allow inspection of, or to furnish a copy of, the register or index or any part of it shall be deemed to be a duty to allow inspection of, or to furnish, a reproduction of the recording or of the relevant part of it in a legible form.
(4) Where any such register or index is not kept by making entries in a bound book, but by some other means, adequate precautions shall be taken for guarding against falsification and facilitating its discovery, and where default is made in complying with this subsection, the company and every officer of the company who is in default shall for every day during which the default continues be liable to a fine of $200.
53. The Governor in Council may make regulations-
(a) prescribing anything by this Ordinance required or permitted to be
prescribed by regulations; or
(b) generally for the better carrying out of this Ordinance.
54. The Commission may, by notice in the Gazette, specify forms to be used for the purposes of this Ordinance.
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