98
CAP. 155]
Search warrants and seizures.
Defence where director or
etc.
manager, prosecuted.
3/90548
Banking
[1987 Ed.
of value for his own personal benefit or advantage or for that of any of his relatives, for procuring or endeavouring to procure for any person any advance, loan, financial guarantee or credit facility from that institution or the purchase or discount of any draft, note, cheque, bill of exchange or other obligation by that institution, or for permitting any person to overdraw any account with that institution, commits an offence and is liable-
(a) on conviction upon indictment to a fine of $100,000 and to
imprisonment for 5 years; or
(b) on summary conviction to a fine of $50,000 and to imprisonment for 2 years.
125. (1) If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Ordinance has been committed, the magistrate may issue a warrant empowering any police officer to enter and search any premises specified in the warrant.
(2) A police officer to whom a warrant is issued under subsection (1) may---
(a) break open any outer or inner door of or in any premises which he is empowered by the warrant to enter and search;
(b) inspect, seize and remove anything which the police officer has reasonable grounds for believing to be or to contain evidence of an offence under this Ordinance; and
(c) remove by force any person who obstructs any entry, search, inspection, seizure or removal which he is empowered by this subsection to make.
(3) A person from whom any books, accounts or other documents have been seized and removed under subsection (2) shall, pending any proceedings for an offence under this Ordinance, be entitled to take copies of or extracts from such books, accounts or other documents.
(4) Any person who obstructs a police officer in the exercise of any power conferred on him by subsection (2) commits an offence and is liable on conviction upon indictment or on summary conviction to a fine of $50,000 and to imprisonment for 6 months.
126. (1) Subject to subsection (2), any person who is prosecuted in respect of any offence under this Ordinance shall have a good defence if he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to his position in the authorized institution in respect of which the offence was committed.
(2) Subsection (1) shall not apply to an offence under section 46(8), 47(2) or (3), 50(6), 64(5), 72(4), 73(2), 97(1), 117(7), 118(5), 120, 123 or 124.
HEA
724 (4)