36
CAP. 250]
Commodities Trading
[1989 Ed.
(3) If a clearing house, without reasonable excuse, fails to comply with any request made to it by an auditor appointed under section 52 or 53 or person authorized under subsection (1)(g), a clearing house shall be guilty of an offence and shall be liable on conviction to a fine of $50,000. (Amended 61 of 1985 s. 13)
56. Offence to destroy, alter, etc. records
(1) Any person who, with intent to prevent, delay or obstruct the carrying out of any examination and audit under this Part-
(a) destroys, conceals or alters any book, account or record relating to the business of a dealer; or
(b) sends or conspires with any other person to send, out of Hong Kong any such book, account or record, or any property of any description belonging to or in the possession or under the control of a dealer,
shall be guilty of an offence and shall be liable on conviction upon indictment to a fine of $500,000 and to imprisonment for 5 years.
(2) If, in a prosecution for an offence under subsection (1), it is proved that the person charged-
(a) destroyed, concealed or altered any book, account or record mentioned in paragraph (a) of that subsection; or
(b) sent or conspired to send out of Hong Kong any such book, account or record, or any property mentioned in paragraph (b) of that subsection,
the onus of proving that in so doing he did not act with intent to prevent, delay or obstruct the carrying out of an examination and audit under this Part shall lie on him.
(3) Any person who, with intent to prevent, delay or obstruct the carrying out of an examination and audit under this Part leaves Hong Kong shall be guilty of an offence and shall be liable on conviction upon indictment to a fine of $500,000 and to imprisonment for 5 years.
(Amended 35 of 1982 s. 6)
57. Restriction on auditor's and employee's right to communicate certain matters
Except as may be necessary for the carrying into effect of the provisions of this Ordinance or so far as may be required for the purposes of any legal proceedings, whether civil or criminal, an auditor appointed under section 52 or 53 or any employee of such auditor shall not divulge any information which may come to his knowledge in the course of performing his duties as such auditor or employee, as the case may be, to any person other than—