1964_SECURITIES_(DISCLOSURE_OF_INTERESTS)_ORDINANCE — Page 19

18

CAP. 396]

Securities (Disclosure of Interests)

[1988 Ed.

45/9058.

(12) For the purpose of this section "books and papers" in section 283 of the Companies Ordinance (Cap. 32) shall be construed as including the register and associated index required to be kept by a listed company under this section. [cf. U.K. 1985 c. 6, s. 211]

Company

Duty to notify Unified Exchange, Commissioner and Commissioner of Banking of information notified under this Part

17. (1) Whenever a listed company receives information from a person in consequence of the performance of a duty imposed on him by any provisions of sections 3 to 7, and that information relates to listed shares, the company is under a duty to notify the Unified Exchange and the Commissioner of that information.

(2) Upon receipt of any information under subsection (1) the Unified Exchange shall forthwith publish such information in such manner and for such period as may be approved by the Commissioner.

(3) Whenever a listed company that is or is the holding company of an authorized financial institution receives information from a person in consequence of the performance of a duty imposed on him by any provisions of sections 3 to 7, and that information relates to listed shares, the company is under a duty (in addition to the duty imposed by subsection (1)) to notify the Commissioner of Banking of that information.

(4) A duty imposed on a listed company by subsection (1) or (3) must be performed before the end of the day next following that on which it arises.

(5) If a listed company makes default in complying with this section the company and every officer of it who is in default commits an offence and is liable to a fine of $2,000.

Company investigations

18. (1) A listed company may by notification in writing require a person whom the company knows or has reasonable cause to believe to be or, at any time during the 3 years immediately preceding the date on which the notification is issued, to have been interested in shares comprised in the company's relevant share capital-

(a) to confirm that fact or (as the case may be) to indicate whether or not it is the case; and

(b) where he holds or has during that time held an interest in shares so comprised, to give such further information as may be required in accordance with subsection (2).

(2) A notification under subsection (1) may require the person to whom it is addressed-

(a) to give particulars of his own past or present interest in shares comprised in relevant share capital of the company (held by him at any time during the 3-year period mentioned in subsection (1));

(b) where the interest is a present interest and any other person's interest in the shares subsists or, in any case, where any other person's interest in the shares subsisted during that 3-year period at any time when his own interest subsisted, to give (so far as lies within his knowledge) such particulars with respect to that other person's interest as may be required by the notification;