1964_PROTECTION_OF_INVESTORS_ORDINANCE — Page 8

1989 Ed.]

Protection of Investors

[CAP. 335

7

for

paragraph (fa), (fb) or (c), where an application authorization by the Commission in respect of that issue is accompanied by such information and documents as may be required by the Commission and the advertisement, invitation or document is authorized, subject to such conditions as may be imposed under subsection (7), by the Commission before issue, or is required or authorized by or under any other Ordinance. (Amended 10 of 1989 s. 65. Replaced 44 of 1989 s. 3)

(3) This section does not prohibit the issue or possession of any advertisement, invitation, or document by reason only-

(a) that it is or contains an advertisement or invitation to which this section relates made-

(i) subject to subsection (8), with respect to securities, by or on behalf of a dealer or investment adviser who is registered under the Securities Ordinance (Cap. 333) or who is a dealer or investment adviser exempted from registration under that Ordinance; (Replaced 44 of 1989 s. 3)

(ii) by or on behalf of a corporation to holders of securities or creditors of, or servants or agents employed by, that corporation, or a corporation which is deemed to be related to that corporation by virtue of section 4 of the Securities Ordinance (Cap. 333), in respect of securities of that corporation or that related corporation;

(iii) by or on behalf of the manager or trustee of a unit trust authorized by the Commission pursuant to the Securities Ordinance (Cap. 333) to holders of units, or creditors, of the trust, or to servants or agents employed by that manager or trustee;

(iv) by or on behalf of the Government in respect of securities issued by it;

(v) by or on behalf of a credit union in respect of shares in the union;

(vi) by or on behalf of a person acting as trustee of a trust (not being a unit trust) to beneficiaries under the trust; or

(vii) with respect to securities intended to be disposed of to persons outside Hong Kong or to be disposed of in Hong Kong only to persons whose business involves the acquisition, disposal, or holding of securities, whether as principal or as agent; or

(b) that it is or contains an advertisement or invitation which a person who is engaged in the business of buying and selling property other than securities (either as principal or as agent) may make or give in the ordinary course of that business; but nothing in this paragraph authorizes any person to do anything