94
CAP. 24]
Securities and Futures Commission
[1989 Ed.
by or on behalf of the Commission and purporting to be signed or initialled by the chairman or other director or any person employed in the administration of the relevant Ordinances shall in any proceedings be admissible as prima facie evidence of the facts stated therein, and it shall not be necessary to prove the signature or initials of the person purporting to sign or initial the record or other document.
59. Preservation of secrecy, etc.
(1) Except in the performance of a function under any of the relevant Ordinances, or in carrying out a provision of any of those Ordinances, a person who is appointed under any of those Ordinances or who performs or assists any other person in the performance of a function under any of those Ordinances—
(a) shall, at all times subsequent to his appointment or after he has performed or so assisted in the performance of any such function (and whether or not his appointment continues or he may again perform or so assist in the performance of any such function), preserve and aid in preserving secrecy with regard to any matter coming to his knowledge in the performance of, or assisting in the performance of, any function under any of the relevant Ordinances;
(b) shall not at any such time communicate any such matter to any other person; and
(c) shall not at any such time suffer or permit any other person to have access to any record or other document which is in his possession or under his control by virtue of his being or having been so appointed or his performing or having performed, or assisting or having assisted any other person in the performance of a function under any of the relevant Ordinances.
(2) Notwithstanding subsection (1) the Commission may disclose information—
(a) in the form of a summary compiled from similar or related information provided by persons under any provision of the relevant Ordinances if the summary is so compiled as to prevent particulars relating to the business or identity, or the trading particulars, of any such person being ascertained from it;
(b) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings or any investigation, whether under the relevant Ordinances or otherwise, in Hong Kong;
(c) in connection with any civil proceedings to which the Commission is a party;
(d) to the Insider Dealing Tribunal established by section 141G of the Securities Ordinance (Cap. 333);