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10
CAP. 201]
Prevention of Bribery
(1974 Ed.
PART III
Special powers of investigation.
(Cap. 112.)
Powers of INVESTIGATION
13. (1) Where it appears to the Commissioner that an offence under this Ordinance may have been committed by any person, he may for the purposes of an investigation of such offence authorize in writing any investigating officer to exercise the following powers on the production by him of the authorization- (Amended, 9 of 1974, s. 5)
(a) to investigate and inspect any share account, purchase account, club account, subscription account, investment account, trust account, mutual or trust fund account, expense account, bank account or other account of what- soever kind or description, any safe-deposit box, and any banker's books or company books, of or relating to any person named or otherwise identified in such authorization; (b) to require from any person the production of any accounts, books, documents, safe-deposit box or other article of or relating to any person named or otherwise identified in such authorization which may be required for the purpose of such investigation and the disclosure of all or any in- formation relating thereto, and to take copies of such accounts and books or of any relevant entry therein.
(2) (a) Every authorization given under subsection (1) shall be deemed also to authorize the investigating officer specified therein to require from any person information as to whether or not at any bank, company or other place there is any account, book, document, safe-deposit box or other article liable to investigation, inspection or pro- duction under such authorization. (Amended, 9 of 1974, S. 5)
(b) A requirement under paragraph (a) shall be made in writing and any statement therein as to the existence of the appro- priate authorization under subsection (1) shall be accepted as true without further proof of the fact.
(3) Any person who, having been lawfully required under this section to disclose any information or to produce any accounts, books, documents, safe-deposit box or other article to an investi- gating officer authorized under subsection (1), shall, notwithstanding the provisions of any other law to the contrary save only the pro- visions of section 4 of the Inland Revenue Ordinance, comply with such requirement, and any such person who fails or neglects, without reasonable excuse, so to do, and any person who obstructs any such investigating officer in the execution of the authorization given under subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine of $20,000 and to imprisonment for 1 year. (Amended, 9 of 1974, s. 5)