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the effect of understating his income or profits chargeable to tax and has done so without reasonable excuse and not through an innocent oversight or omission; or (b) that a person has failed to comply with an order of a court made under subsection (1) of section 80 directing him to comply with the requirements of a notice given to him under subsection (1) or (3) of section 51. the magistrate may by warrant authorize the Com- missioner or officer to exercise the following powers-
(i) without previous notice at any reasonable time during the day, to enter and have free access to any land, buildings, or place where he suspects there to be any books, records. accounts or documents of that person and there to search for and examine any books. records, accounts or documents;
(ii) in carrying out any such search, to open or cause to be removed and opened, any article in which be suspects any books, records, accounts or documents to be contained; (ii) to take possession of any books, records, accounts or documents of that person which in his opinion may afford evidence which may be material in assessing the liability of that person for tax;
(iv) to retain any such books. records, accounts or documents for as long as they may be reasonably required for any assessment to be made or for any proceedings under this Ordinance to be completed:
Provided that if the Commissioner or officer shall retain any book, record, account or document for a period of more than fourteen days, the person aggrieved may apply in writing to the Board of Review for an order directing the return thereof and the Board of Review, after hearing the applicant or his representative and the Commissioner or his representative, may so order, either unconditionally or subject to any condition which the Board may consider it proper to impose.
Business
Fecords to be kept.
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(2) When exercising any power under subsection (1), the Commissioner or officer shall produce on demand the warrant issued to bim under that sub- section.
(3) The person to whose affairs any books. records, accounts or documents taken possession of under subsection (1) relate shall be entitled to examine and make extracts from them at such times and under such conditions as the Commissioner may determine.
(4) Any person who obstructs or hinders the Commissioner or an officer acting in the discharge of his duty under subsection (1) shall be guilty of an offence: Penalty a fine of two thousand dollars and imprisonment for six months.
(5) This section shall expire upon the expiration of three years from the date when it comes into operation unless the Legislative Council shall extend the operation thereof by resolution passed before that date.
SIC. (1) Subject to subsection (2), every person carrying on a trade, profession or business in the Colony shall keep sufficient records in the English or Chinese language of his income and expenditure to enable the assessable profits of such trade, profession or business to be readily ascertained and shall retain such records for a period of not less than seven years after the completion of the transactions, acts or opera- tions to which they relate.
(2) Subsection (1) shall not require the preserva- tion of any records-
(a) which the Commissioner has specified need
not be preserved; or
(b) of a corporation which has been dissolved.”.
19. Section 52 of the principal Ordinance is amended by adding after subsection (6) the following new subsection--
"(7) An employer who is required by subsection (6) to give notice to the Commissioner of the expected departure of an individual shall not, in the case of an individual whom he has ceased, or is about to cease, to employ in the Colony. except with the consent in writing of the Commissioner or in the case of money paid to the Commissioner on the direction of the individual, make any payment of money or money's
Amendment of section 52.