Archive - Listing Decisions 

Listing Decisions marked up against the last published versions (from April 2014 onwards)

With effect from 2014, we will publish a marked-up version of the Listing Decisions in the Archive to enable readers to note the changes made to the last version. This exercise will apply to pre-2014 publications by stages.

LD Series Number

First Release Date (Last Update Date)(mm/yyyy)

 

Listing Rules / Topics

Particulars

LD114-1 12/2010
(04/2017)
Rule 19.20(2) Whether the Exchange would accept the Firm to act as Company A's auditors after listing under Rule 19.20(2) (marked-up version issued in April 2017)
LD85-2015 01/2015 (11/2016) Main Board Rule 10.07(1) Whether Company B, which will cease to be a controlling shareholder of Company A shortly after listing, should be subject to a 12-month lock-up of its shares after Company A's listing under Listing Rule 10.07(1) (marked-up version issued in November 2016)
LD91-2015 06/2015
(05/2016)
Main Board Rule 9.03(3) and GEM Rules 12.09 and 12.14 To provide guidance on why the Exchange returned certain listing applications (marked-up version issued in May 2016)
LD84-2014 02/2014
(05/2016)
Main Board Rule 9.03(3) and GEM Rules 12.09 and 12.14 To provide guidance on why the Exchange returned certain listing applications (marked-up version issued in May 2016)
LD75-2013 07/2013
(05/2016)
Main Board Rule 9.03(3) and GEM Rules 12.09 and 12.14

To provide guidance on why the Exchange returned certain listing applications (marked-up version issued in May 2016)

 

LD48-2013 01/2013 (05/2016) Main Board Rule 9.03(3) and GEM Rules 12.09 and 12.14 To provide guidance on why the Exchange returned certain listing applications (marked-up version issued in May 2016)
LD75-4 10/2009 (11/2015) Rules 2.03(4), 2.04, 14.04(1), 14A.24 Whether the proposed distribution of Subsidiary B’s shares in specie by Company A would be regarded as a transaction for Company A under Chapter 14 and/or Chapter 14A of the Rules (marked-up version issued in November 2015)
LD43-3 Q1/2005 (08/2015) Rules 1.01, 8.04 Whether, in view of the fact that, in the conduct of its business in the PRC, Company A was a party to a number of contract-based structures (“Contractual Arrangements” or “Structured Contracts”) between or among Company A, the PRC Subsidiaries, the OPCOs and the Registered Owners, Company A was unsuitable for listing due to legal questions associated with the Contractual Arrangements? (marked-up version issued in August 2015)
LD43-2 Q1/2005 (06/2015) Main Board Rules 11.16,
11.17
Whether the inclusion of unaudited financial information of the Acquired Group in the listing document of Company A should be allowed (marked-up version issued in June 2015)
LD72-2 09/2009 (05/2015) Rule 3.28 Whether Mr X qualified to act as Company A's secretary (marked-up version issued in May 2015)
LD72-1 09/2009 (05/2015) Rule 3.28 Whether Mr X qualified to act as Company A's secretary (marked-up version issued in May 2015)
LD82-2014 01/2014
(04/2015)
Main Board Rules 8.08, 10.06(3) and 13.32 (i)Whether to allow Company A to proceed with a share repurchase offer which might result in a lack of open market in its shares
(ii) Whether to give consent to Company A for issuing new shares within 30 days after completion of the offer under Rule 10.06(3) to meet the public float requirement  (marked-up version issued in April 2015)
LD71-2013 05/2013
(04/2015)
Main Board Rule 7.19(6) Whether Company A’s proposed rights issue required independent (marked-up version issued in April 2015)
LD56-2013 03/2013
(04/2015)
Main Board Rules 8.08(1)(a), 13.32 Whether the Exchange would give listing approval for new shares to be issued upon conversion of the convertible notes that could result in Company A’s public float falling below the minimum 25% requirement under the Rules (marked-up version issued in April 2015)
LD54-2013 03/2013
(04/2015)
Main Board Rules 13.36, 28.05 Whether the Exchange would approve the proposed changes to the terms of convertible bonds issued by Company A under a general mandate(marked-up version issued in April 2015)
LD47-2013 01/2013
(04/2015)
Main Board Rule 3.28, Listing Decision HKEx-LD35-1 (July 2003) Whether Mr. X qualified to act as Company A’s secretary after the waiver period (marked-up version issued in April 2015)
LD46-2013 01/2013
(04/2015)
Main Board Rule 3.28 Whether Mr. X qualified to act as Company A’s secretary (marked-up version issued in April 2015)
LD26-2012 02/2012
(04/2015)
Rule 7.19(6) Whether Company A could seek a prior mandate from its shareholders for conducting a rights issue under Rule 7.19(6) (marked-up version issued in April 2015)
LD23-2011 12/2011
(04/2015)
Rules 8.08, 13.32 Whether the Exchange would allow Company A to resume trading when it had restored the public float to 15 per cent (marked-up version issued in April 2015)
LD8-2011 04/2011
(04/2015)
Rule 8.08(1)(a) Whether Company A must include convertible preference shares as part of its total issued share capital in calculating the public float of its listed shares (marked-up version issued in April 2015)
LD113-1 12/2010
(04/2015)
Rule 7.19(6) Whether Company A’s proposed rights issue of shares with bonus warrants required independent shareholder approval (marked-up version issued in April 2015)
LD101-2 08/2010
(04/2015)
Rule 8.08(1)(a) Whether the Exchange would waive the public float requirement for Company A (marked-up version issued in April 2015)
LD101-1 08/2010
(04/2015)
Rules 8.08(1)(a), 13.32(1) Whether the Exchange would give listing approval for shares to be issued through transactions that could result in Company A’s public float falling below the minimum 25% requirement under the Rules (marked-up version issued in April 2015)
LD99-4 07/2010
(04/2015)
Rules 2.03, 13.36 Whether Company X’s proposal to seek a mandate from its shareholders to place new shares would meet Rule 13.36(1)(a) (marked-up version issued in April 2015)
LD99-2 07/2010
(04/2015)
Rule 7.23, 13.36 Whether a proposed Open Offer with a condition to issue a minimum amount of new shares to Company B, and issue of the convertible bonds required shareholder approval (marked-up version issued in April 2015)
LD74-1 10/2009
(04/2015)
Rules 4.03, 4.08, 4.11, 14.69(6)(a)(i) Whether the Exchange would grant a waiver to Company A from the requirements for the accountants' report on the Target Business (marked-up version issued in April 2015)
LD12-1 04/2000
(04/2015)
Rule 7.24(5) Whether Company A's proposed open offer would have to be made conditional on approval by Company A's shareholders in general meeting by a resolution on which the controlling shareholder would have to abstain from voting (marked-up version issued in April 2015)
LD8-3 12/1999
(04/2015)
Rules 14.44, 14.45 Major transaction - whether two shareholders of Company A, who had been partners in a project, could be viewed as a "closely allied group of shareholders' for the purpose of providing a written certificate in lieu of a resolution passed at a shareholders' meeting (marked-up version issued in April 2015)
LD79-2014 01/2014 (07/2014) Main Board Rules
14A.25, 14A.36, 14A.76
Whether the amendments to the non-competition undertaking given by the Holding Company to Company A would require independent Shareholders’ approval (mark-up version issued in July 2014)
LD78-2014 01/2014 (07/2014) Main Board Rules 14A.19, 14A.26, 14A.27 Whether the guarantee provided by Company A for a loan facility granted to the Borrower was subject to the connected transaction requirements (marked-up version issued in July 2014)
LD63-2013 04/2013 (07/2014) Main Board Rule 14A.103 Whether the Exchange would waive the annual review and reporting requirements for a continuing connected transaction between Company A and Company B (marked-up version issued in July 2014)
LD61-2013 04/2013 (07/2014) Main Board Rules 14.20, 14A.80 Whether the Exchange would accept Company A’s proposed alternative revenue ratio for classifying transactions under Chapters 14 and 14A (marked-up version issued in July 2014)
LD60-2013 04/2013 (07/2014) Main Board Rule 14A.80 Whether the Exchange would accept Company A’s proposed alternative revenue ratio for classifying certain continuing connected transaction with Company B (marked-up version issued in July 2014)
LD25-2012 02/2012 (07/2014) Rules 13.36 and 19A.38 Whether the Company A’s proposal to issue rights shares under a general mandate would comply with the Listing Rules (marked-up version in July 2014)
LD22-2011 12/2011 (07/2014) Rules 1.01, 8.24,14A.07 Whether the Manager was a core connected person or connected person of Company A because it held shares in company A for its client (marked-up version issued in July 2014)
LD16-2011 07/2011 (07/2014) Rules 14A.36, 14A.39, 14A.46, 14A.92(1) Whether the Exchange would waive certain connected transaction requirements for the possible issue of new A shares by Company X to its connected persons under a proposed public offer in Mainland (marked-up version issued in July 2014)
LD14-2011 06/2011 (07/2014) Rule 14A.81, 14A.82, 14A.83 Whether the Exchange required aggregation of the agreements between Company A and the Parent Company for (i) the Parent Group contracting out certain system works to Company A; and (ii) Company A sub-contracting some of the works back to the Parent Group (marked-up version issued in July 2014)
LD13-2011 06/2011 (07/2014) Rule 14A.81, 14A.82, 14A.83 Whether the Exchange required aggregation of Company A’s construction contracts with each of Companies C and D (marked-up version issued in July 2014)
LD99-3 07/2010 (07/2014) Rules 2.03(4), 14A.36, paragraph 4(3) of Appendix 3 Whether certain special rights available only to the Investor under the convertibles bonds would comply with the general principles in Rule 2.03 (marked-up version in July 2014)
LD93-4 06/2010 (07/2014) Rules 2.03, 2.04, 14.04(1), 14A.24 Whether the Exchange would impose additional requirements under Rule 2.04 on Company A’s proposed distribution in specie of Subsidiary B’s shares (marked-up version issued in July 2014)
LD93-3 06/2010 (07/2014) Rules 14.62, 14.66(2), 14A.68(7), Paragraph 29(2) of Appendix 1B Whether the Exchange would waive the profit forecast requirements under the Rules regarding a valuation report on the Target in Company A’s announcement and circular (marked-up version issued in July 2014)
LD82-1 12/2009 (07/2014) Rule 14A.51 Whether the Exchange would grant Company X a waiver and not require written agreements for the continuing connected transactions with the Partners (marked-up version issued in July 2014)
LD81-2 12/2009 (07/2014) Rules 2.15, 14A.36 Whether Company B had a material interest in Company X’s proposed acquisitions of Target from Company A and the Minority Shareholders (marked-up version issued in July 2014)
LD81-1 12/2009 (07/2014) Rules 2.15, 14A.36 Whether Company B had a material interest in Company X’s proposed acquisition of Company A’s 80% interest in the Target (marked-up version issued in July 2014)
LD76-3 10/2009 (07/2014) Rules 14A.81, 14A.82, 14A.83 Whether Company X would be required to aggregate the transactions with Company A and Company B and treat them as if they were one transaction under Rule 14A.81 (marked-up version issued in July 2014)
LD76-2 10/2009 (07/2014) Rules 1.01, 14A.07, 14A.13, 14A.25 Whether entering into a management contract for part of the Complex with the Management Company constituted a connected transaction for Company A (marked-up version issued in July 2014)
LD76-1 10/2009 (07/2014) Rules 14A.06, 14A.25, 14A.87(1), 14A.88 Whether the deposits placed by Company A or its subsidiary with the Banks were connected transactions subject to Chapter 14A of the Listing Rules (marked-up version issued in July 2014)
LD75-3 10/2009 (07/2014) Rules 14.04(1)(a), 14A.92(4) 1. Whether Company X should apply the percentage ratios to both the Placing and the Top-up Subscription to determine the transaction classification under Chapter 14 of the Listing Rules 2. Whether the Exchange would grant a waiver to Company X from the major transaction requirements in respect of the Placing and the Top-up Subscription (marked-up version issued in July 2014)
LD74-3 10/2009 (07/2014) Rules 14.69(4)(a)(i), 14.71, 14A.70(9) 1. Whether the Exchange would grant a waiver to Company A from strict compliance with Rule 14.69(4)(a)(i) in respect of the accountants’ report on the business being acquired under the proposed Merger.  2. Whether Rules 14.71 and 14A.70(9) would apply to the proposed Merger  (marked-up version issued in July 2014)
LD73-2 10/2009 (07/2014) Rules 2.15, 14.46, 14A.36 Whether each of the Relevant Shareholders had a materials interest in Company X’s proposed privatization of the Subsidiary and must abstain from voting on the resolution to approve the proposal at the general meeting of Company X (marked-up version issued in July 2014)
LD73-1 10/2009 (07/2014) Rules 2.15, 14.49 Whether Mr. X and Mr. Y each had a material interest in the Proposed Acquisition and was required to abstain from voting on the resolution to approve the Proposed Acquisition at the general meeting of Company A under Rules 2.15 and 14.49 (marked-up version issued in July 2014)
LD64-4 11/2008 (07/2014) Rules 14A.81, 14A.82, 14A.83 Whether Company A would be required to aggregate the proposed Transactions under Main Board Listing Rule 14A.81 (marked-up version issued in July 2014)
LD64-3 11/2008 (07/2014) Rules 14A.81, 14A.82, 14A.83 Whether Company a would be required to aggregate the Transactions and treat them as if they were one transaction under Main Board Listing Rule 14A.81 (marked-up version issued in July 2014)
LD63-5 11/2008 (07/2014) Rules 14A.19, 14A.20 Whether the Exchange would exercise its power to deem the REIT as a connected person of Company A in respect of the Company Transaction (marked-up version issued in July 2014)
LD63-3 11/2008 (07/2014) Rules 14A.19, 14A.20 Whether the Purchaser would be regarded as a connected person of Company A in respect of Transaction A (marked-up version issued in July 2014)
LD63-2 11/2008 (07/2014) Rules 1.01,
2.04, 14A.07
Whether Parent Shareholders were connected person of Company A under the Listing Rules by virtue of their substantial interests in Parent Company, and if not, whether the Exchange would deem the Parent Shareholders to be connected person of Company A (marked-up version issued in July 2014)
LD63-1 11/2008 (07/2014) Rules 1.01,
2.04, 14A.07
Whether the Exchange would deem the Purchaser as a connected person of Company A upon completion of the Transaction under Main Board Listing Rule 2.01 (marked-up version issued in July 2014)
LD62-4 11/2008 (07/2014) Rules 14.20, 14A.80 Whether the Exchange would disregard the calculation of revenue ratio in respect of the proposed Transaction as requested by Company A and accept the alternative size tests submitted by Company A under Main Board Listing Rules 14.20 and 14A.80 (marked-up version issued in July 2014)
LD62-3 11/2008 (07/2014) Rules 14.20, 14A.80 Whether the Exchange would disregard the calculation of percentage ratios in respect of the Disposal and the Provision of Services and accept the alternative size tests submitted by Company A under Main Board Listing Rules 14.20 and 14A.80 (marked-up version issued in July 2014)
LD21-1 01/2001 (07/2014) Rule 14A.45 Whether independent expert’s opinion in connected transaction could be waived (marked-up version issued in July 2014)
LD94-1 06/2010
(04/2014)
Rule 4.10 and Rule 2.13(2) Whether to grant a Rule 4.10 waiver to banking companies incorporated in Mainland China (marked-up version issued in April 2014)
LD86-1 12/2009
(04/2014)
Rules 2.03(2), 11.07, 11.13, Paragraphs 2 and 3(2) of Practice Note 6

How should Company A deal with material changes of circumstances after the issue of the prospectus? (marked-up version issued in April 2014)

 

LD70-1 07/2009
(04/2014)
Rules 4.03,
19.14, 19.20,
Paragraph 2 of Appendix 16
Whether to permit certain Singaporean auditors to act as the reporting accountants in Company A’s initial listing and as its auditors after listing. Whether to accept Singapore Financial Reporting Standards ('SFRS') for preparing the accountants’ report in Company A’s listing document and  subsequent financial reports in Hong Kong (marked-up version issued in April 2014)
LD61-1 07/2008
(04/2014)
Rules 2.03(2),
9.07, 11.13,
Paragraph 2 of Practice Note 6,
Paragraph 15(2)(c) of Appendix 1A
Whether and under what conditions Company A would be allowed to revise the indicative offer price downwards after issue of the prospectus but before close of the offer (marked-up version issued in April 2014)
LD42-3 12/2004
(04/2014)
GEM Rules 7.02, 7.12 Whether the roll-back and roll-forward procedures adopted by the reporting accountants in the accountants' report were acceptable to the Exchange for GEM IPO (marked-up version issued in April 2014)
LD35-1 07/2003 (04/2014) Rules 3.28 and 8.17 PRC issuer - company secretary not possessing relevant professional qualifications (marked-up version issued in April 2014)
LD27-2012 03/2012
(04/2014)
Rules 19.05 and 19.30 and GEM Rule 24.05

The basis for accepting Company X’s incorporation in the State of Maryland, USA  under Chapter 19 of the Main Board Rules (marked-up version issued in April 2014)

 

Previous versions of updated Listing Decisions (from September 2013 onwards)

LD Series Number

First Release Date (Last Update Date)(mm/yyyy)

 

Listing Rules / Topics

Particulars

LD33-2012 07/2012 (09/2013) GEM Rules 14.08(7) and 17.56(2) (Equivalent to Main Board Rules 11.07 and 2.13(2)) Disclosure requirements for two applicants engaged in the pawn loan business in the People’s Republic of China (“PRC”)
LD19-2011 09/2011 (10/2013) Rules 3.08, 3.09 and 8.04 How Company A's non-compliant financing would affect its listing
LD19-2011 09/2011 (09/2013) Rules 3.08, 3.09 and 8.04 How Company A’s non-compliant financing would affect its listing

 

Superseded or withdrawn Listing Decisions

LD Series Number

First Release Date (Withdrawal Date)(mm/yyyy)

 

Listing Rules / Topics

Particulars

LD3-2011 03/2011
(04/2017)
Rules 4.11, 19.39 Whether to accept Japanese Generally Accepted Accounting Principles (JGAAP) for preparing the accountants' report for Company A's listing document and subsequent financial reports
LD70-1 07/2009
(04/2017)
Rules 4.03, 19.14, 19.20, Paragraph 2 of Appendix 16 Whether to permit certain Singaporean auditors to act as the reporting accountants in Company A's initial listing and as its auditors after listing. Whether to accept Singapore Financial Reporting Standards ('SFRS') for preparing the accountants' report in Company A's listing document and subsequent financial reports in Hong Kong
LD38-2 07/2004
(04/2017)
Rules 4.11, 4.12, 4.13, 7.12, 19.13, 19.14, Paragraphs 2 (Note 2.6) and 38 of Appendix 16 Adoption of Generally Accepted Accounting Principles in the United States of America ("US GAAP") for preparation of accountants' reports
LD72-2013 05/2013 (01/2017) Paragraph 3(f) of Practice Note 15 to the Main Board Rules Whether the Exchange would waive the assured entitlement requirement for Company A's proposal to spin-off Company B (Superseded by LD104-2017)
LD74-2013 06/2013 (09/2016) Main Board Rules 18.04 and 18.07 Whether Company A has satisfactorily demonstrated that its principal mineral asset has a clear path to commercial production under Rule 18.07
LD90-1 05/2010 (01/2016) Rules 10.03(1), (2); 10.04, Paragraph 5(2) of Appendix 6 Whether to allow Company X to allocate H-Shares under the placing tranche to its existing public A-Share holders
LD91-1 05/2010 (09/2015) Rule 4.04(1) Whether to waive Rule 4.04(1) for Company A
LD54-5 06/2006 (08/2015) Rule 2.13 Whether and how unaudited interim financial information of Subsidiary A should be included in the prospectus of Company A when Subsidiary A had published such information in accordance with the requirements of another exchange on which its shares were listed
LD54-4 06/2006 (08/2015) Rule 2.13 Whether and how unaudited interim financial information should be included in the prospectus of Company A when Company A had published such information that covered a more recent interim period than that required by the Listing Rules in accordance with the requirements of another exchange on which its shares were listed
LD37-1 10/2003 (08/2015) Rules 8.08(2), 21.04 Chapter 21 listing applicant - minimum spread of shareholders on listing
LD41-2 11/2004 (07/2015) Rules 4.04(1),
4.08(3),
8.05(3)(a) and (b), 8.05A
Whether pre-acquisition financial information of the acquired companies was required to be presented in Company A's prospectus in a case where the Exchange accepted a shorter trading period under substantially the same management under Rule 8.05A
LD53-3 04/2006
(04/2015)
GEM Rules 18.03, 18.48A,
18.49
Whether suspension in the trading of the shares of Company A would be required for failing to publish on a timely basis financial information as required under the GEM Listing Rules, and, if required, the length of such suspension
LD78-1 10/2009
(10/2014)
Rules 4.04(2),
4.04(4)(a)
Whether to waive Rules 4.04(2) and 4.04(4)(a) so that Company A's accountants' report need not include the three-year financial statements of the businesses it had acquired after the latest audited balance sheet date
LD100-1 07/2010 (07/2014) Rules 1.01 and 14A.11(4) Whether Company A is a connected person of Listco
LD93-6 06/2010 (07/2014) Rules 14A.06, 14A.11(4)(a) Whether Company A must abstain from voting at Listco’s general meeting on the disposal of the Target
LD76-5 10/2009 (07/2014) Rules 14A.06, 14A.11(4)(c) Whether the transaction between Company A and each of Mr X, the Supplier and the Borrower was subject to the connected transaction requirements
LD76-4 10/2009 (07/2014) Rule 14A.31(6) Whether the granting of Indemnities by Company A or any of its subsidiaries in favour of the Directors against any claims that might arise in the course of the proper discharge of their duties would be regarded as forming part of their service contracts therefore exempt from the connected transaction requirements under Rule 14A.31(6)
LD63-4 11/2008 (07/2014) Rules 14A.06,
14A.11
Whether the Exchange would exercise its power to deem Company B as a connected person of Company A in respect of the Transaction under Main Board Listing Rule 14A.06
LD7-2 11/1999 (07/2014) Rule 14A.43 Connected transactions – acceptability of written shareholders’ certificate in lieu of shareholders’ meeting
LD54-3 06/2006 (04/2014) Paragraphs 5, 8 and 13 of Appendix 6 Whether and under what conditions consent would be given by the Exchange to enable connected clients of the distributors of the Shares to subscribe for and hold the allocation Shares (Superseded by GL75-14)
LD64-2013 04/2013 (12/2013) Rules 19.05 and 19.30 and GEM Rule 24.05

Whether the Exchange would consider Labuan an acceptable jurisdiction under Chapter 19 of the Main Board Rules and Chapter 24 of the GEM Rules (Superseded by Labuan Country Guide)

LD36-2012 08/2012 (12/2013) Rules 19.05 and 19.30 and GEM Rule 24.05 Whether the Exchange would consider South Korea an acceptable jurisdiction under Chapter 19 of the Main Board Rules and Chapter 24 of the GEM Rules (Superseded by South Korea Country Guide)
LD24-2012 02/2012 (12/2013) Rules 19.05 and 19.30 and GEM Rule 24.05 Whether the Exchange would consider the State of Delaware an acceptable jurisdiction under Chapter 19 of the Main Board Listing Rules and Chapter 24 of the GEM Listing Rules (Superseded by United States of America - Delaware Country Guide)
LD11-2011 05/2011 (12/2013) Rules 19.05 and 19.30 and GEM Rule 24.05 Whether the Exchange would consider Alberta an acceptable jurisdiction of an issuer’s incorporation  (Revised Listing Decision) (Superseded by Canada - Alberta Country Guide)
LD10-2011 05/2011 (12/2013) Rule 19.05 Whether the Exchange would consider Guernsey an acceptable jurisdiction under Chapter 19 of the Main Board Listing Rules and Chapter 24 of the GEM Listing Rules (Superseded by Guernsey Country Guide)
LD4-2011 03/2011 (12/2013) Rule 19.05 Whether the Exchange would consider France an acceptable jurisdiction under Chapter 19 of the Main Board Listing Rules and Chapter 24 of the GEM Listing Rules (Superseded by France Country Guide)
LD1-2011 01/2011 (12/2013) Rule 19.05 Whether the Exchange would consider Italy an acceptable jurisdiction under Chapter 19 of the Main Board Listing Rules and Chapter 24 of the GEM Listing Rules (Superseded by Italy Country Guide)
LD111-1 11/2010 (12/2013) Rule 19.05 Whether the Exchange would consider the State of California an acceptable jurisdiction under Chapter 19 of the Main Board Listing Rules (Superseded by United States of America - California Country Guide)
LD110-1 10/2010 (12/2013) Rule 19.05 Whether the Exchange would consider Japan an acceptable jurisdiction under Chapter 19 of the Main Board Listing Rules (Superseded by Japan Country Guide)
LD109-1 10/2010 (12/2013) Rule 19.05 Whether the Exchange would consider Brazil an acceptable jurisdiction under Chapter 19 of the Main Board Listing Rules (Superseded by Brazil Country Guide)
LD108-1 10/2010 (12/2013) Rule 19.05 Whether the Exchange would consider the Isle of Man an acceptable jurisdiction under Chapter 19 of the Main Board Listing Rules (Superseded by Isle of Man Country Guide)
LD84-1 12/2009 (12/2013) Rule 19.05 Whether the Exchange would consider the British Virgin Islands (BVI) an acceptable jurisdiction under Chapter 19 of the Listing Rules (Superseded by British Virgin Islands Country Guide)
LD80-1 10/2009 (12/2013) Rule 19.05 Whether the Exchange would consider Jersey an acceptable jurisdiction under Chapter 19 of the Listing Rules (Superseded by Jersey Country Guide)
LD71-1 09/2009 (12/2013) Rule 19.05 Whether the Exchange would consider Germany an acceptable jurisdiction under Chapter 19 of the Listing Rules. How should the Exchange conduct the vetting process for future applicants incorporated in Germany (Superseded by German Country Guide)
LD65-3 03/2009 (12/2013) Rules 19.05, 19.30 Whether the Exchange would consider Cyprus an acceptable jurisdiction of Company X's incorporation under Chapter 19 of the Listing Rules for the purpose of its proposed primary listing. How should the Exchange conduct the vetting process relating to future applicants incorporated in Cyprus for the purpose of primary or secondary listing on the Exchange  (Superseded by Cyprus Country Guide)
LD65-2 03/2009 (12/2013) Rules 19.05, 19.30 Whether the Exchange would consider Luxembourg an acceptable jurisdiction of Company X's incorporation under Chapter 19 of the Listing Rules for the purpose of its proposed primary listing. How should the Exchange conduct the vetting process relating to future applicants incorporated in Luxembourg for the purpose of primary and secondary listings on the Exchange  (Superseded by Luxembourg Country Guide)
LD65-1 03/2009 (12/2013) Rules 19.05, 19.30 Whether the Exchange would consider Singapore an acceptable jurisdiction of Company X's incorporation under Chapter 19 of the Listing Rules for the purpose of its proposed primary listing. How should the Exchange conduct the vetting process relating to future applicants incorporated in Singapore for the purpose of primary and secondary listings on the Exchange (Superseded by Singapore Country Guide)
LD58-1 11/2006 (12/2013) Chapter 19 Whether the Exchange would accept British Columbia as an approved jurisdiction under Chapter 19 of the Listing Rules for the purposes of primary and secondary listings on the Main Board of the Exchange (Superseded by Canada - British Columbia Country Guide)
LD57-1 10/2006 (12/2013) Chapter 19 Whether the Exchange would accept (1) Australia as an approved jurisdiction under Chapter 19 of the Listing Rules for the purposes of primary and secondary listings on the Main Board of the Exchange; and (2) the ASX as an exchange where the standards of shareholder protection are at least equivalent to those provided in Hong Kong (Superseded by Australia Country Guide)
LD34-3 04/2003 (12/2013) Rule 8.05, Practice Note 3 No absolute control by Company A over its joint ventures - whether profits from joint ventures could be attributed to Company A to meet three-year trading record requirement (Superseded by LD106-1)
LD45-3 Q1/2005 (06/2013) GEM Rules 7.03(1) and 11.10 Whether Company A would be granted a waiver from the strict requirements of GEM Listing Rules 7.03(1) and 11.10 to the effect that the accountants’ report that was included in its prospectus would not be required to include the financial information up to its latest financial year end? (Superseded by GL25-11)
LD14-3 05/2000 (01/2013) Rules 2.13(2), 11.16 to 11.19 Payment of special dividend prior to listing (Superseded by GL15-09)
LD23-2 03/2001 (01/2013) Note 11(ii) to Rule 13.09(1) Profit warning
LD42-2

12/2004 (11/2012)

GEM Rule 20.65(4) Whether existing financial assistance from the controlling shareholders of a GEM listing applicant, in the form of guarantees or security in support of borrowings, should be permitted to continue on and after the date of listing? (Please see LD69-1)
LD59-7 08/2007 (10/2012) GEM Rules 1.01, 11.23,13.16, 13.17 Whether Company B would be regarded as a member of the public at the time of listing and whether shares held by it should be subject to lock-up in a case where Company B was entitled to hold approximately over 10% shareholding interest in Company A upon the conversion of the convertible bonds subscribed by it prior to listing (Superseded by GL43-12)
LD59-6 08/2007 (10/2012) Rules 2.03(2), (4) and (5),3.08 Whether the special rights available to the Pre-IPO Investor complied with the principles under Listing Rules 2.03(2) and (4) (Superseded by GL43-12)
LD59-5 08/2007 (10/2012) Rules 2.03(2), (4) and (5), 8.04 Whether certain special rights available only to the Bondholders under the terms of the convertible bonds would be in compliance with the general principle that all holders of listed securities are to be treated fairly and equally under Listing Rule 2.03 (Superseded by GL43-12)
LD59-4 08/2007 (10/2012) Rule 2.03(4) Whether the grant of veto rights over certain major corporate matters to the Investors of the Convertible Instruments prior to listing would violate the requirement to treat all holders of listed securities fairly and equally under Listing Rule 2.03(4) (Superseded by GL43-12)
LD59-3 08/2007 (10/2012) Rule 2.03(4) Whether the pre-IPO investment in Company A by Investor A would fulfill the requirement under Listing Rule 2.03(4) that all holders of listed securities are to be treated fairly and equally (Superseded by GL43-12)
LD59-2 08/2007 (10/2012) Rule 2.03 Whether the guaranteed discount to the IPO price of the mandatory Convertible Bonds and the negative pledge under the non-mandatory Convertible Bonds available only to the Convertible Bondholders would violate the fair and orderly principle and the requirement to treat all holders of listed securities fairly and equally under Listing Rule 2.03 (Superseded by GL43-12)
LD59-1 08/2007 (10/2012) Rule 2.03 Whether certain rights granted to Investor X would be permitted to continue after listing, given that the rights were not generally available to other shareholders of Company A and the nominated directors' compliance with such rights might, in certain circumstances, conflict with the duty of directors to act in the best of the interests of shareholders as a whole at all times (Superseded by GL43-12)
LD55-3 06/2006 (10/2012) Rules 2.03(2) and (4), 9.09 Whether a placing of Company A's shares to the Pre-IPO Investor prior to listing that met the technical requirements regarding disclosure, lock-up and public-float as memorialised in Listing Decision HKEx-LD36-1 complied with Listing Rules 2.03 and 9.09 (case 3) (Superseded by GL43-12)
LD55-2 06/2006 (10/2012) Rule 2.03(2) and (4) Whether a placing of Company A's shares to the Pre-IPO Investor prior to listing that met the technical requirements regarding disclosure, lock-up and public-float as memorialised in Listing Decision HKEx-LD36-1 complied with Listing Rule 2.03 (case 2) (Superseded by GL43-12)
LD55-1 06/2006 (10/2012) Rule 2.03(2) and (4) Whether a placing of Company A's shares to the Pre-IPO Investor prior to listing that met the technical requirements regarding disclosure, lock-up and public-float as memorialised in Listing Decision HKEx-LD36-1 complied with Listing Rule 2.03 (case 1) (Superseded by GL43-12)
LD36-2 10/2003 (10/2012) GEM Rules 1.01, 13.16A Pre-IPO placing-whether shares subject to lock-up and counted as part of public float (GEM Board) (Superseded by GL43-12)
LD36-1 10/2003 (10/2012) Rules 1.01, 8.24, 10.07(1) Pre-IPO placing-whether shares subject to lock-up and counted as part of public float (Main Board) (Superseded by GL43-12)
LD11-2011

05/2011 (02/2012)

Rules 19.05 and 19.30 and GEM Rule 24.05 Whether the Exchange would consider Alberta an acceptable jurisdiction (May 2011 version)
LD31-2 07/2002 (03/2011) Rule 4.04 Maximum allowable time gap between latest financial year-end and proposed listing date (Superseded by GL25-11)
LD52-1 03/2006 (07/2010) General Principles On Land Title Requirements For PRC Mainland Properties

Whether Company A was required to obtain long term title certificates for the Leased Properties where it conducted its principle manufacturing activities and the Leased Properties were owned by its controlling shareholder on normal commercial terms
(Superseded by GL19-10)

LD10-3 02/2000 (07/2010) General Principles On Land Title Requirements For PRC Mainland Properties

Whether Company A, being neither an infrastructure project company nor a property company, was required to obtain the long-term land use right certificates and/or building ownership certificates and/or building ownership certificates for all its PRC mainland properties
(Superseded by GL19-10)

LD49-2

03/2006 (09/2009)

Rule 8.17  

Whether a person who was not a member of the Hong Kong Institute of Company Secretaries (now known as the Hong Kong Institute of Chartered Secretaries) but possessed certain relevant work experience as a company secretary and who was also an associate of another professional body satisfy the requirements of Listing Rules 8.17(2) or 8.17(3)

LD48-1

12/2005 (09/2009)

Rule 8.04,
Paragraph 27A of Appendix 1A

Whether existing financial assistance granted by the controlling shareholder in the form of counter-guarantees under foreign currency denominated equipment lease agreements in favour of Company A should be permitted to continue after listing  

LD46-4

07/2005 (07/2009)

Rules 8.06,
9.03(3)

Whether the Exchange should accept a new Main Board listing application for vetting where the application was filed prior to 15 August 2005, contained financial accounts in audited form for the years ended 31 December 2002, 2003 and 2004, and the sponsor sought guidance from the Exchange in advance

LD43-4

Q1/2005 (07/2009)

Rule 9.03(3)

Whether the Exchange should accept a new Main Board listing application for vetting where the application was filed prior to 15 February 2005, contained financial accounts in audited form for the years ended 31 December 2001, 2002 and 2003 and six months ended 30 June 2003 and 2004, and the sponsor sought guidance from the Exchange in advance

LD42-1

12/2004 (09/2009)

Rules 8.04,
14A.65(4),
Paragraph 27A of Appendix 1A

Whether a listing applicant migrating from the GEM Board to the Main Board should be required to discharge existing shareholders loans on or before its date of listing in full in order to demonstrate its financial independence

LD41-3

11/2004 (09/2009)

Chapter 1,
Rules 10.07,
10.08

Whether Company A could issue further shares within six months of its listing on the Main Board

LD39-2

08/2004 (09/2009)

GEM Rule 11.12

Whether Company A operated one focused line of business given that it had customers in four different business sectors during the active business pursuit period

LD39-1

08/2004 (09/2009)

GEM Rule 11.12 

Whether Company A operated one focused line of business given that it manufactured products in five distinct categories during the active business pursuit period

LD38-1

07/2004 (09/2009)

Rule 3.24 

Issuer with no qualified accountant

LD35-3

07/2003 (09/2009)

General Principles On Sponsors

Eligibility of Company A to act as sole sponsor

LD34-2

04/2003 (09/2009)

General Principles For IPO

Whether exercise of over-allotment option would necessitate suspension

LD34-1

04/2003 (09/2009)

Rule 9.03(3)

No figure for third financial year of track record period

LD33-3

02/2003 (09/2009)

Rules 6.01(2),
8.08(1)

Announcement regarding general offer - appropriate warning statement to be included

LD33-2

02/2003 (09/2009)

Rule 14.25(1)

Whether standard 3-year waiver for on-going connected transaction would cover current financial year

LD31-3

07/2002 (09/2009)

Appendix 10 - Rule A3

Top-up placing during "blackout" period - whether dealing in shares by director

LD31-1

07/2002 (09/2009)

Rules 6.01(2),
8.08(1), 14.35

Insufficient public float

LD30-3

05/2002 (09/2009)

Rules 6.01(2),
8.08(1)

Whether trading should be suspended if public float is not more than 10%

LD30-2

05/2002 (09/2009)

Rules 14.25,
14.26
 

No legally binding agreement entered into for on-going connected transactions prior to change to Takeovers Code - whether waiver should be granted

LD29-2

09/2001 (09/2009)

Rule 14.25(2)(a)

Financial assistance to non wholly owned subsidiary - Mr. X a substantial shareholder and director of the subsidiary - whether exempted connected transaction under Rule 14.25(2)(a)

LD28-3

08/2001 (09/2009)

Rule 10.07(1)(a)

Agreement within 6 months of listing for issue of shares outside of 6-month period

LD27-3

07/2001 (09/2009)

Rules 14.04(5),
14.10

Notifiable transaction – aggregation

LD27-2

07/2001 (09/2009)

Rule 14.10

Major transaction - call option - whether granting had to be made conditional on shareholders' approval

LD27-1

07/2001 (09/2009)

General Principles On Sponsors

Eligibility of Company A to be sole sponsor of application for new listing

LD25-1

05/2001 (09/2009)

Rule 14.25(1)

De minimis continuing connected transaction - whether announcement required each year

LD24-3

04/2001 (09/2009)

Rule 14.24(5)

Connected transaction - financial assistance not in the ordinary and usual course of business - whether de minimis

LD24-2

04/2001 (09/2009)

Rule 14.03(2)(a)(ii)

Connected transaction - whether the word "cohabiting" in Rule 14.03(2)(a)(ii) qualifies all the categories of relative mentioned in that Rule

LD24-1

04/2001 (09/2009)

Rule 14.25(2)(b)

Connected transaction - proportional financial assistance to a company in which the listed issuer (or any of its subsidiaries) and a connected person are both shareholders - meaning of "proportionate" here interest indirectly held

LD22-3

02/2001 (09/2009)

Rule 14.10

Determination of  "closely allied group of shareholders"

LD22-2

02/2001 (09/2009)

Practice Note 19 - Paragraph 3.2.1

Whether trading balances due from a third party should be treated as "advances" in determining whether advances by an issuer to any entity have exceeded 25% of the issuer's net assets

LD20-3

12/2000 (09/2009)

Practice Note 13 - Paragraph 4.1

Whether an issue of new shares by Company B would constitute a "deemed disposal"

LD20-1

12/2000(10/2003)

General Principles For IPO

Pre-IPO placing to a strategic investor

LD19-3

11/2000 (09/2009)

Rule 14.26(3)

Connected transaction - issue of shares in Company B to connected persons - whether written shareholders' approval acceptable

LD19-2

11/2000 (09/2009)

Chapter 17 - General

Whether Company A could delete a clause in its employee share option scheme that restricted the number of options that could be granted to eligible employees

LD19-1

11/2000 (09/2009)

Rules 3.10,
3.11

Whether Mr. X could be appointed as one of Company's A independent non-executive directors

LD18-3

10/2000 (09/2009)

Rule 14.04

Whether the proceeds from top-up placing which had not yet been completed, should be included in net tangible assets for purpose of "4 tests"

LD18-1

10/2000 (09/2009)

Appendix 7 - Paragraph 19(1)(a)(ii) of the Listing Agreement

Material dilution of major subsidiary - whether written shareholders' approval acceptable in lieu of resolution passed at shareholders' meeting

LD17-3

09/2000 (09/2009)

Rule 14.26

Transactions became on-going connected transactions following acquisition, but independent shareholders' approval not obtained

LD17-1

09/2000 (09/2009)

Rule 14.24(1)

Whether a consultancy agreement qualified for the exemption provided by Rule 14.24(1) for consumer good and services

LD16-3

08/2000 (09/2009)

Rule 14.24(6)(b)

Connected person undertaking to apply for excess rights issue - whether exemption for receipt of pro rata entitlement of securities applicable

LD16-2

08/2000 (09/2009)

Chapter 17 - General

Whether Company A could extend the benefits of its share option scheme to non-executive directors

LD16-1

08/2000 (09/2009)

Rule 19A.14(2)

Meaning of  "total existing issued share capital" for purpose of Rule 19A.14(2)

LD15-1

07/2000 (09/2009)

Rules 14.25(1),
14.26

Connected transactions waiver cap exceeded

LD14-2

06/2000 (09/2009)

Rule 14.09

Calculation of "4 tests" on disposal where company had negative net tangible asset value and incurred net losses

LD14-1

06/2000 (09/2009)

Rule 14.03(2)(a)(ii)

Whether mere relationship rendered Mr. X a connected person

LD11-2

03/2000 (09/2009)

Rule 3.11

Whether Mr. X, who had until just one month previously held several directorships in companies controlled by connected persons of Company A, could act an independent non-executive director of Company A

LD11-1

03/2000 (09/2009)

General Principles On Sponsor,
Chapter 3

Eligibility of Company A to act as a co-sponsor of an applicant for new listing

LD9-3

01/2000(07/2008)

Rules 8.05,
18.03

Mineral company - waiver from trading record requirements of Rule 8.05 (Superseded by Guidance Letter GL5-08)

LD9-2

01/2000 (09/2009)

General Principles On Sponsors

Eligibility of a company to be the sole sponsor of an applicant of for new listing

LD7-1

11/1999 (09/2009)

Rules 14.09,
14.25(1)

Major and connected transaction - disposal of Company A's entire interest in Company B:
- discretion to disregard profits under Rule 14.09
- determining whether transaction fell within de minimis provisions of Rule 14.25(1)

LD6-2

10/1999 (09/2009)

Rule 14.04(8)

Whether the unique nature of Company A's industry should entitle it to a relaxation of the assets test

LD6-1

10/1999 (09/2009)

Rules 14.06,
14.09

Change in control as a result of an acquisition does not necessarily render the transaction a very substantial acquisition

LD5-3

09/1999 (09/2009)

Appendix 10 - Paragraph A3

Model Code Securities Transactions by Directors of Listed Companies - Excess application for rights shares by directors during the period of one month immediately preceding the announcement of interim or final results

LD5-1

09/1999 (09/2009)

Rule 8.05

Reliance on the income from an associated company to fulfil the trading record requirement

LD4-3

08/1999 (09/2009)

Rule 14.07(3)

A very substantial acquisition resulting in the Exchange treating it as a new listing application

LD3-3

07/1999 (09/2009)

Rule 14.26

The basis upon which a cap may be set in relation to waivers granted to Company A for on-going connected transactions

LD3-1

07/1999(10/2003)

General Principles On IPO

Sale of shares in Company A by controlling shareholder at a discount less than 6 months before listing

LD2-3

06/1999 (09/2009)

Rule 14.25

Effect of variation of terms of connected transactions on connected transaction waivers

LD2-2

06/1999 (09/2009)

Rules 14.06,
14.07(3)

Reverse takeover - change in control

LD1-3

05/1999 (09/2009)

Rule 10.06(2)(a)

Waiver from the 25% monthly share repurchase restriction

LD1-2

05/1999 (09/2009)

Rule 10.07(1)

Placing within six months of listing

 

LD1-1

05/1999 (09/2009)

Rule 14.24(6)(a)

14 day period for a "top up" placing