| (Cap 571, section 376(1)) [1 April 2003] L.N. 12 of 2003 (L.N. 229 of 2002) Cap 571AG s 1 (Omitted as spent) (Omitted as spent) Cap 571AG s 2 Interpretation In this Regulation, unless the context otherwise requires- "associated corporation" (相联法团) has the meaning assigned to it by section 308 of the Ordinance; "back-to-back contract" (背对背合约) means a contract- (a) made between an intermediary and its client, pursuant to a previous agreement made between them, for the sale or purchase of a stock futures contract or a stock options contract; (b) the terms of which are identical to those of an exchange contract entered into by the intermediary pursuant to the instructions of the client; and (c) entered into by the intermediary- (i) where the intermediary is a purchaser under the corresponding exchange contract, as a seller; and (ii) where the intermediary is a seller under the corresponding exchange contract, as a purchaser;"client" (客户), in relation to an intermediary, means a person for whom the intermediary provides a service the provision of which constitutes a regulated activity; "conditional offer" (有条件要约) means an offer to purchase shares in a listed corporation made by or on behalf of an offeror to the holders of all the shares or all the shares of a particular class in the listed corporation other than (in either case) shares held by or on behalf of- (a) the offeror; (b) the offeror's holding company, the offeror's subsidiary or a subsidiary of the offeror's holding company; or (c) any person who has agreed that no such offer is to be made in respect of the shares he holds,subject to the condition that acceptances have to be received in respect of such proportion of the shares for which the offer is made as specified in, or ascertained by reference to, the terms of the offer;"exchange contract" (交易所合约) means a contract entered into by an intermediary and another intermediary for the sale or purchase of a stock futures contract or a stock options contract through the trading facilities provided by, and subject to the rules of, the relevant exchange company; "listed corporation" (上市法团) has the meaning assigned to it by section 308 of the Ordinance; "Official Trustee" (法定受讬人) means the Official Trustee appointed under, or the person acting as the Official Trustee by virtue of, section 66 of the Trustee Ordinance (Cap 29); "recognized occupational retirement scheme" (认可职业退休计划) has the meaning assigned to it by section 2(1) and (2A) of the Inland Revenue Ordinance (Cap 112); "relevant exchange company" (有关交易所公司), in relation to- (a) dealings in stock futures contracts, means the Futures Exchange Company; or (b) dealings in stock options contracts, means the Stock Exchange Company;"relevant share capital" (有关股本) has the meaning assigned to it by section 308 of the Ordinance; "short position" (淡仓) has the meaning assigned to it by section 308 of the Ordinance; "stock futures contract" (股票期货合约) means a stock futures contract specified in column 2 of Schedule 1 to the Securities and Futures (Contracts Limits and Reportable Positions) Rules (Cap 571 sub. leg. Y); "stock options contract" (股票期权合约) means a stock options contract specified in column 2 of Schedule 2 to the Securities and Futures (Contracts Limits and Reportable Positions) Rules (Cap 571 sub. leg. Y); "trading day" (交易日) means a day other than- (a) a public holiday; (b) a Saturday; (c) a gale warning day or a black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1); and (d) a day throughout or for part of which trading on a recognized stock market is suspended. Cap 571AG s 3 Prescribed interests and short positions to be disregarded for the purpose of notification (1) The following interests, and short positions, in shares comprised in the relevant share capital of a listed corporation are prescribed for the purposes of section 323 of the Ordinance- (a) an interest or short position of a person in his capacity as a beneficiary under a trust constituted exclusively for the purposes of a recognized occupational retirement scheme; (b) an interest or short position of the Official Trustee held in his official capacity; (c) an interest acquired by the offeror as a result of the acceptance of a conditional offer by the shareholders of the listed corporation, being an interest subsisting while the condition of the offer remains unfulfilled; and (d) subject to subsection (2), an interest or short position which an intermediary licensed or registered for Type 1 or Type 2 regulated activity has by virtue of its- (i) entering into an exchange contract in the ordinary course of its business as such an intermediary pursuant to the instructions of its client who is a person other than a related corporation of the intermediary; and (ii) designating the exchange contract as being entered into for the account of the client.(2) For the purposes of subsection (1)(d), an interest or short position shall not be regarded as being prescribed for the purposes of section 323 of the Ordinance unless the intermediary concerned also enters into a back-to-back contract with its client on the same day as entering into an exchange contract pursuant to the instructions of the client. |
