Hong Kong Regulations

COMPANIES (REVISION OF ACCOUNTS AND REPORTS) REGULATION - SECT 5

Matters to be included in revised summary financial reports

(1) A provision of the Ordinance or the relevant Regulation as to the matters
to be included in a summary financial report applies to a
revised summary financial report, as it applies to the original summary 
financial report, as if the revised summary financial report was approved by
the board of directors of the listed company on the date of the 
original summary financial report.

(2) If the directors of a listed company make revisions to a summary financial
report under section 141E of the Ordinance by replacement, the directors shall
cause to be made in a prominent position in the
revised summary financial report—

   (a)  a statement that the revised summary financial report replaces the
        original summary financial report for the financial year specified in
        the statement;

   (b)  a statement that the revised summary financial report—

        (i)    is taken as having been approved by the board of directors on
               the date of the original summary financial report instead of
               the date of  revision; and

        (ii)   accordingly does not deal with events between those 2 dates;
               and

   (c)  a statement as to the material revisions to the original 
        summary financial report that are made under section 141E of the
        Ordinance.

(3) If the directors of a listed company make revisions to a summary financial
report under section 141E of the Ordinance by supplementary note, the
directors shall cause to be made in a prominent position in the supplementary
note—

   (a)  a statement that the note—

        (i)    revises in certain respects the original summary financial 
               report; and

        (ii)   is to be treated as forming part of that report; and

   (b)  a statement that the revised summary financial report—

        (i)    is taken as having been approved by the board of directors on
               the date of the original summary financial report instead of
               the date of  revision; and

        (ii)   accordingly does not deal with events between those 2 dates.

(4) When approving a revised summary financial report under section
141CF(1)(c) of the Ordinance, the board of directors of the listed company
shall cause the date of approval to be stated in—

   (a)  in the case of a revision by replacement, the revised summary 
        financial report; or

   (b)  in the case of a revision by supplementary note, the supplementary
        note.

(5) A revised summary financial report of a listed company is not to be
issued, circulated or published by the listed company to any other person
unless the revised summary financial report—

   (a)  complies with subsection (2) or (3);

   (b)  complies with a provision of the Ordinance or the relevant  Regulation
        as to the matters to be included in that summary financial report; and

   (c)  has the date of approval stated in the revised summary 
        financial report or the supplementary note in accordance with
        subsection

(4).

(6) If subsection (5) is contravened, then unless there is reasonable
excuse—

   (a)  the listed company commits an offence and is liable to a fine of
        $300000; and

   (b)  every officer of the listed company commits an offence and each is
        liable to imprisonment for 12 months and a fine of $300000.

(7) If there is a conviction for an offence under this section, the court
may—

   (a)  by order prohibit the listed company and any person from issuing,
        circulating or publishing the revised summary financial report
        concerned to any other person for such period as the court specifies;
        and

   (b)  in making the order impose conditions.

(8) In this section, "relevant Regulation" (《有關規例》) means the
Companies (Summary Financial Reports of Listed Companies) Regulation ( Cap  32
sub. leg. M).

(9) A reference in subsection (1) or (5)(b) to a provision of the Ordinance or
the relevant Regulation is to be construed, where the provision has been
amended after the date of the original summary  financial report but before
the date of revision, as a reference to the provision as in force at the
date of the original summary financial  report.

"relevant Regulation" (《有關規例》)