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2A.10

The sanctions in rule 2A.09 may be imposed or issued against any of the following:

(a) a listed issuer or any of its subsidiaries;
(b) any director of a listed issuer or any of its subsidiaries or any alternate of such director;
(c) any member of the senior management of a listed issuer or any of its subsidiaries;
(d) any substantial shareholder of a listed issuer;
(e) any professional adviser of a listed issuer or any of its subsidiaries;
(f) [Repealed 1 January 2007]
(g) any authorised representative of a listed issuer;
(h) any supervisor of a PRC issuer; and
(i) [Repealed 1 January 2007]
(j) any independent financial adviser of a listed issuer.

For the purposes of this rule "listed issuer" includes an issuer of listed structured products and "professional adviser" includes any financial adviser, lawyer, accountant, property valuer or any other person retained by an issuer to provide professional advice in relation to a matter governed by the Listing Rules. It does not include sponsors or Compliance Advisers.

Notes:

(1) The scope of any disciplinary action taken, in particular any ban imposed on a professional adviser pursuant to rule 2A.09(5), shall be limited to matters governed by or arising out of the Listing Rules.
(2) In exercising its powers of sanction the Exchange will recognise the differing roles and levels of responsibility of the persons against whom sanctions may lie in pursuance of rule 2A.10. In particular, professional advisers' obligations to use all reasonable efforts to ensure that their clients understand and are advised as to the scope of the Listing Rules are subject to any relevant requirements of professional conduct, as policed and enforced by any professional body of which that adviser is a member.