58
CAP. 24]
Securities and Futures Commission
[1989 Ed.
(3) Any costs or expenses incurred by a person (other than an employee of the Commission) acting as the investigator under this section shall be paid out of moneys provided by the Legislative Council.
(4) The person under investigation or any person who is reasonably believed or suspected by the investigator to have in his possession or under his control any record or other document which contains, or which is likely to contain, information relevant to an investigation under this section, or who is so believed or suspected of otherwise having such information in his possession or under his control, shall-
(a) produce to the investigator, within such time and at such place as he may reasonably require, any record or other document specified by the investigator which is, or may be, relevant to the investigation, and which is in his possession or under his control;
(b) if so required by the investigator, give to him such explanation or further particulars in respect of a record or other document produced in compliance with a requirement under paragraph (a) as the investigator shall specify;
(c) attend before the investigator at such time and place as he may require in writing, and answer truthfully and to the best of his ability such questions relating to the matters under investigation as the investigator may put to him; and
(d) give to the investigator all assistance in connection with the investigation which he is reasonably able to give.
(5) A barrister or solicitor acting for the person under investigation may-
(a) attend an examination of that person; and
(b) to the extent that the investigator shall reasonably permit---
(i) examine that person; and
(ii) address the investigator,
in relation to matters in respect of which the investigator has questioned that person.
(6) A person shall be obliged to answer questions put to him under this section by the investigator, but if the answers might tend to incriminate him, and he so claims before answering the question, neither the question nor the answer shall be admissible in evidence against him in criminal proceedings other than proceedings for an offence under subsection (12) or section 36 of the Crimes Ordinance (Cap.200), or for perjury, in respect of the answer; the investigator shall, before asking any question under this section, inform the person concerned of the limitation imposed by this subsection in respect of the admissibility in evidence of the question and any answer given.
(7) The investigator shall be furnished by the Commission with a copy of the direction or appointment under subsection (1) and shall, before exercising any power under this section, produce the copy to the person concerned for his inspection.