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CAP. 241
Securities and Futures Commission
[1989 Ed.
(8) Where any explanation, particulars, answer or statement is or are made or given under subsection (4) to the investigator, he may further require, in writing, the person making or giving the same-
(a) to verify the explanation, particulars, answer or statement by statutory declaration (which may be taken and received by the investigator); or
(b) in case such explanation, particulars, answer or statement is or are not made or given in accordance with a requirement under subsection (4) to verify by a statutory declaration (which may be so taken and received) that he was unable to comply or, as the case may be, fully to comply, with that requirement because the matter which he failed to furnish was not within his knowledge or was neither in his possession nor under his control,
and where a requirement under this subsection is made, the person to whom it is made shall comply with the requirement within such reasonable period as is specified in the requirement.
(9) The investigator may, and if so directed by the Commission shall, make interim reports to the Commission, and on the conclusion of his investigation shall make a final report to the Commission.
(10) Notwithstanding section 59, the Commission may, with the consent of the Attorney General, cause a report under this section to be published.
(11) Nothing in this section shall be construed as requiring an institution authorized to carry on banking business or the business of taking deposits under the Banking Ordinance (Cap. 155) to disclose any information or produce any record or other document relating to the affairs of a customer to the investigator unless-
(a) the customer is a person whom the investigator has reason to believe may be able to give information relevant to the investigation; and
(b) the Commission is satisfied that the disclosure or production is necessary for the purposes of the investigation and certifies in writing that that is the case,
and, where the conditions in paragraphs (a) and (b) are met in respect of any such institution, such institution shall comply with any provision of subsection (4) or (8) that applies in its case.
(12) Any person who-
(a) without reasonable excuse fails to produce any record or other document which he is required to produce under subsection (4)(a);
(b) without reasonable excuse fails to comply with any requirement under subsection (4)(b);
(c) without reasonable excuse fails to comply with a requirement under subsection (4)(c) to attend before the investigator;
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