Right of auditors and em- ployees to comumuni- cate certain matters.
Books,
accounts,
and records to be pro-
duced on demand.
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himself as an auditor, except to examine any person on cath or to exercise any other powers conferred by this paragraph.
94. Except for the purpose of carrying into effect 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 90 or section 91 and an employee of any such auditor shall not divulge any information which may come to his knowledge in the course of performing his duties as an auditor or employee under section 90 or section 91, as the case may be, to any person other than
(a) the Commission:
(b) the Commissioner;
(c) the Financial Secretary or any person approved or de-
signated by the Financial Secretary; and
(d) in the case of an employee, the auditor by whom he
is employed.
95. (1) On request by an auditor appointed under this Part or a person who produces a written authority in that behalf under section 93(c)—
(a) a dealer and, where the dealer is a corporation or camies on business in partnership, the directors of the corpora- tion or the other members of the partnership, and the dealer's servants and agents, shall produce any books, accounts, and records of any securities held by the dealer relating to the dealer's business; and
(b) an auditor appointed by a dealer shall produce any books, accounts, and records held by him relating to the business of the dealer.
(2) A dealer and, where the dealer is a corporation or carries on business in partnership, the directors of the corporation or the other members of the partnership, as the case may be, and the dealer's servants and agents and any auditor appointed by the dealer shall answer all questions relevant to an examination and audit which are put to him by an auditor appointed under this Part or a person who produces a written authority in that behalf given under section 93(c).
(3) Any person mentioned in subsection (1) who, without reasonable excuse, fails to comply with any request made to
77
him under that subsection, or any person mentioned in subsection (2) who, without reasonable excuse, refuses or fails to answer any question put to him under that subsection, shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 2 years.
96. (1) Any person who, with intent to prevent, delay, or Offence to obstruct the carrying out of any examination and audit under destroy, this Part-
conceal, or alter records (a) destroys, conceals or alters any book, account, record or send
records or or document relating to the business of a dealer; or
other prop (b) sends or attempts to sead, or conspires with any other arty outside
person to send, out of Hong Kong any such book. account, record, or document, or any property of any description belonging to or in the disposition of or under the control of a dealer.
shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 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,
record. or document mentioned in that subsection; or (b) sent or attempted to send, or conspired to send, out of Hong Kong any such book, account, record, or document or any property mentioned in paragraph (5) 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, or attempts to leave, Hong Kong shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years.
Hong Kong.
97. Nothing in this Part shall prevent the committee of a Right of stock exchange from imposing on members of the exchange any committee further obligations or requirements which the committee thinks
to impose obligations necessary with respect to-
etc., on members of exchange not affected by this
(a) the audit of accounts;
(b) the information to be given in reports by auditors; or (c) the keeping of accounts, books, and records.
Part.