(a) 除第6(2)條適用的情況外,作出具報的責任必須在該責任產生當 日隨後的5天期間內履行;而
(a) the duty to make the notification must (except where section 6(2) applies) be performed within the period of 5 days next following the day on which that duty arises; and
(b) 具報必須─
(b) the notification must be-
(ii) 以確保交易所公司在該上市公司接獲具報之前接獲具報的方式作 出。 (由1990年第45號第4條代替)
(ii) effected in such manner as ensures that it is received by the Exchange Company before it is received by the listed company. (Replaced 45 of 1990 s. 4)
(2) 在本條例生效日期時,任何人如在當時擁有上市公司有關股本中 的股份的權益,而其總面值等於或多於該股本面值的須具報百分率,則他 即有責任向上市公司及交易所公司具報他當時在該股本中有權益存在以及 當時在該股本(指明該股本)中(當時每項權益存在於其中者)的股份數目。 (由1990年第45號第4條修訂) [比照1967 c. 81 s. 33 U.K.]
" (2) Upon the commencement of this Ordinance, every person who at that time is interested in shares comprised in relevant share capital of a listed company of an aggregate nominal value equal to or more than the notifiable percentage of the nominal value of that share capital shall be under a duty to notify the listed company and the Exchange Company of the subsistence of his interests at that time and the number of shares comprised in that share capital (specifying it) in which each interest subsists at that time. (Amended 45 of 1990 s. 4) [cf. 1967 c. 81 s. 33 U.K.]"
(3) 在責任是根據第(2)款所施加的情況中─
(3) In the case of a duty imposed by subsection (2)-
(a) 在該責任產生時,被施加該責任的人如─
" (a) if, at the time when the duty arises, the person upon whom the duty is imposed-"
(i) 不知道其權益的存在;或
(i) does not know of the subsistence of his interests; or
(ii) 只知道在有關股本中的股份有權益存在,而其總面值小於該股本 面值的須具報百分率,
" (ii) knows only of the subsistence of interests in shares comprised in relevant share capital of an aggregate nominal value less than the notifiable percentage of the nominal value of that share capital,"
則該責任必須在以下期間內履行─
the duty must be performed-
(A) 該人一經知道有關股本中的股份有權益存在而其總面值不小於該 股本面值的須具報百分率一事,就該等權益而言,在他知道此事當日隨後 的5天期間內履行;及
" (A) upon there coming to his knowledge the matter of the subsistence of interests in shares so comprised of an aggregate nominal value not less than the notifiable percentage of the nominal value of that share capital, so far as regards those interests, within the period of 5 days next following the day on which that matter comes to his knowledge; and"
(B) 就某項在他知道此事之後始知道存在的權益而言,在他知道該項 權益存在當日隨後的5天期間內履行;
" (B) so far as regards an interest whose subsistence comes to his knowledge after that matter comes to his knowledge, within the period of 5 days next following the day on which the subsistence of the interest comes to his knowledge;"
(b) 在該責任產生時,被施加該責任的人如知道在有關股本中的股份 有權益存在,而其總面值不小於該股本面值的須具報百分率,則該責任必 須在以下期間內履行─
" (b) if, at the time when the duty arises, the person upon whom the duty is imposed knows of the subsistence of interests in shares comprised in relevant share capital of an aggregate nominal value of not less than the notifiable percentage of the nominal value of that share capital, the duty must be performed -"
(i) 就該等權益而言,在該責任產生當日隨後的5天期間內;及
" (i) so far as regards those interests, within the period of 5 days next following the day on which the duty arises; and"
(ii) 就某項在該責任產生之後他始知道存在的權益而言,在他知道該 項權益存在當日隨後的5天期間內。
" (ii) so far as regards an interest whose subsistence comes to his knowledge after the duty arises, within the period of 5 days next following the day on which the subsistence of the interest comes to his knowledge."
(4) 如─
(4) In the event of-
則第(2)款適用,一如其適用於該款內所述的情況,但該款內凡提述本 條例的生效時間,均由上述事件發生的時間取代。
" subsection (2) shall apply as in the case therein mentioned but with the substitution, for references to the time when this Ordinance comes into operation, of references to the time at which the event occurs."
(5) 第3條規定的具報,須指明具報所關乎的股本,並必須─
" (5) The notification required by section 3 must specify the share capital to which it relates, and must also-"
(a) 述明作出具報的人所知道在緊接責任產生後他在該股本中擁有權 益的股份數目;或
(a) state the number of shares comprised in that share capital in which the person making the notification knows he was interested immediately after the time when the duty arose; or
(b) 在該人不再在該股本中的股份擁有須具報權益時,述明他不再擁 有該權益。 [比照1985 c. 6 s. 202 U.K.]
" (b) in a case where the person no longer has a notifiable interest in shares comprised in that share capital, state that he no longer has that interest. [cf. 1985 c. 6 s. 202 U.K.]"
(6) 第3條規定須就某人在上市公司有關股本中的權益而作出的具報( 述明該人不再在該股本中的股份擁有須具報權益的具報除外),須包括以 下詳情─
(6) A notification required by section 3 with respect to a person's interest in a listed company's relevant share capital (other than one stating that he no longer has a notifiable interest in shares comprised in that share capital) shall include particulars of-
(a) 具報所關乎的股份的每名登記持有人的身分;及
(a) the identity of each registered holder of shares to which the notification relates; and
(b) 每名該等登記持有人所持該等股份的數目,
" (b) the number of those shares held by each such registered holder,"
而作出具報的人須按他在作出具報日期所知者具報。
so far as known to the person making the notification at the date when the notification is made.
(7) 任何人如在某間上市公司有關股本中的股份擁有權益,而根據第3 條該權益屬須具報者,在權益具報日期之後而在該人於該日期隨後首次再 就該股本中的股份所擁有的權益有披露責任之前的期間內,在任何時間察 覺以下任何一項─ (由1990年第45號第4條修訂)
" (7) A person who has an interest in shares comprised in a listed company's relevant share capital, that interest being notifiable under section 3, is under a duty to notify the listed company and the Exchange Company in writing- (Amended 45 of 1990 s. 4)"