Chapter: 32 COMPANIES ORDINANCE
Section Num: 141CD Version Date 04/01/2002
Duties of listed companies to comply with certain requests made by entitled persons
(1) Subject to subsection (2), if an entitled person of a listed company who has been sent a copy of a summary financial report in relation to a general meeting of the company makes a request under this section for a copy of the relevant financial documents from which the report is derived, then the company shall, subject to the provisions of this Ordinance, comply with the request within 14 days from the date of-
(a) its receipt; or
(b) the first day on which copies of those documents are sent to its entitled persons, whichever is later.
(2) A listed company is not required to comply with a request made under subsection (1) unless the request is made-
(a) in writing; and
(b) before the relevant date.
(3) If default is made in complying with subsection (1), the company and every officer of the company who is in default shall be guilty of an offence and liable to a fine and, for continued default, to a daily default fine.
(4) It shall be a defence for a person charged under subsection (3) to prove that he could not, by the exercise of reasonable diligence, have prevented the commission of the offence.
(5) For the avoidance of doubt, it is declared that-
(a) the requirement to send a copy of a listed company's relevant financial documents to an entitled person of the company in compliance with section 129G(1) does not apply where the company sends a copy of those documents to the person in response to a request under this section;
and
(b) a request under this section does not include a notice of intent except where the notice of intent is treated as such a request under the provisions of regulations made under section 359A(2).
(6) For the purposes of subsection (2), "relevant date", in relation to a listed company, means-
(a) subject to paragraph (b), the first day on which copies of the relevant financial documents required to be laid before the company in the following general meeting are sent to the entitled persons of the company;
(b) if no copies of those documents mentioned in paragraph (a) are required to be sent to the entitled persons of the company, the first day on which copies of the summary financial report in relation to that following meeting are sent to the entitled persons of the company.
(Added 27 of 2001 s. 6)