Investiga- tion of certain matters.
Seizure of documents and articles believed to relate to a contraven- tion of Part VIII or Part XI.
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(d) a person whom the Commissioner reasonably believes to have bought or sold securities as trustee or nominee for another person,
to disclose to him, in relation to any purchase or sale of securities, the name of the person from or to or through whom or on whose behalf the securities were bought or sold and the nature of the instructions given to a person referred to in paragraphs (0) to (d) in respect of the purchase or sale,
(2) Any person who contravenes any requirement made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 3 months.
124. Where the Commissioner has reason to suspect that a person has contravened a provision of this Ordinance or has been guilty of fraud or of an offence against any other law with respect to trading or dealing in securities, the Commissioner may make such investigation as he thinks expedient for the dus administration of this Ordinance.
125. (1) If a magistrate is satisfied by information on cath that there is reasonable ground for suspecting that, at premises that are specified in the information, a person is in possession of any document or article which relates to an offence alleged to have been committed against Part VIII or Part XII, the magistrate may grant a warrant empowering the Commissioner or any police officer-
(a) to enter the premises, if necessary by force, at any time within one mouth from the date of the warrant; and
(b) to search for, seize, and remove any document or article which the Commissioner or police officer has reasonable grounds for believing to be evidence of the alleged offence.
(2) Any document or article seized under subsection (1) may be retained for a period of 6 months from the date of seizure or, if within that period any proceedings in respect of an offence against Part VIII or Part XII are commenced and the document or article is relevant to those proceedings, until the conclusion of those proceedings.
(3) Notwithstanding subsection (2), a document or article seized under subsection (1) may be retained for a period longer than 6 months if the person entitled to it is not in Hong Kong
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or his whereabouts are unknown; and if that person subsequently returns to Hong Kong or his whereabouts subsequently become known and, within 14 days of that return or the discovery of his whereabouts, any proceedings in respect of an offence against Part VIII or Part XII are commenced against him, and the document or article is relevant to those proceedings, the docu- ment or article may be retained until the conclusion of those proceedings.
(4) A person from whom a document has been seized under subsection (1) shall, unless the document is already the subject of an order made under subsection (5), be entitled at all reasonable times to inspect and to take copies of or extracts from the docu- ment.
(5) Where any person is convicted of an offence against Part VIII or Part XII, the court may make an order authorizing. the destruction, or the disposal in any other specified manner, of any documents or articles produced to the court which are shown to its satisfaction to be connected with the commission of the offence; but an order under this subsection may not authorize the destruction or disposal of a document or article before the conclusion of the proceedings to which the order rolates.
(6) Subject to subsections (2) to (5). section 102 of the Criminal Procedure Ordinance (which makes provision for the (cap. zaj disposal of property connected with offences) shall apply to property which has come into the possession of the Commissioner under this section in the same way as it applies to property which has come into the possession of the polics.
Investigations
126. In sections 127 to 134, unless the context otherwise Interpreta- requires--
tion for the purposes of "inspector" means an inspector appointed under section 127(1): 16134.
"investigation" means an investigation made under section 127
by an inspector:
"prescribed person" means a person suspected or believed by an inspector, on reasonable grounds, to be capable of giving information concerning any matter to be investigated by the inspector.
sections 127