Further pow of Tribuba no obla
ioturubao,
(c) paragraph (h) of the said section 4(1) authorized payment to a person appearing before the Tribunal of expenses as well as sums for loss of time; (d) the Tribunal were a Commission with full powers to deal with contempls under the said section 9; (e) all necessary changes were made to Form 2 in the
Schedule of the said Ordinance.
(2) The Tribunal may order that any document or article which comes into it's possession or the possession of the Commissioner for the purposes of an inquiry shall be dealt with in such manner as the justice of the case requires.
141K. (1) Where it appears to the Tribunal that it would assist the conduct of an inquiry to do so, the Tribunal may in writing authorize the Commissioner to exercise all or any of the powers set out in subsection (2) and to report to the Tribunal the information so obtained which is relevant to the inquiry.
(2) The powers referred to in subsection (1) are- (a) to inspect the books and documents of any person where the Tribunal has reasonable grounds to believe or suspect that those books or documents may contain information relevant to the inquiry; (b) to make copies of and take extracts from books and documents referred to in paragraph (4) and, subject to subsection (3), to take possession of the same for such period (not cosceding 2 days) as is necessary for the purpose of doing søt
(e) to require any person to give any explanation or particulars concerning books and documents referred to in paragraph (<);
(ɗ) in writing lo require from any person information as to whether or not there is at any premises any book or document which may contain information relevant to the inquiry, and particular as to such premises, book or document
(e) to require that any information or particulars furnished pursuant to this section be verified by statutory declaration and to take any such declara- tion.
(3) Where the Commissioner takes possession of any book or document under subsection (2)(6) be shall permit a person who would be entitled to inspect it if it were not in the possession of the Commissioner to inspect it, and to make copies and take extracts, at all reasonable times,
(4) A person shall produce all books and documents in his custody or under bis control, the inspection whereof in sought by the Commissioner under the authority of this section.
(5) Any person who is required under this section to disclose any information or particulars or give any explana- tion shall comply with that requirement so far as lies within his power to do so and shall, if requested, verify the in- formation, particulars or explanation by statutory declaration.
No privilege allowed excel to legal adstars.
(Cap. 112)
(6) A person commits an offence who- (a) contravenes subsection (4) or (3);
(b) in purported compliance with subsection (4) or (5), makes any statement which he knows to be false or misleading or recklessly makes any statement which is false or misleading in & material particular, (c) obstructs the Commissioner in the exercise of his
powers under this section;
(4) conceals, destroys, mulilates or alters any book or document which contains information which is relevant to an inquiry or sends any such book or document out of Hong Kong or causes the same to be so sent
and is liable on conviction to a fine of $5,000 and to imprisonment for 3 mouths.
(7) An offence specified in subsection (6) shall be deemed to be a contempt of the Tribunal and the Tribunal may deal with any such offence in accordance with the powers referred to in section 141XIX) to deal with contempls committed otherwise than in the presence of the Tribunal and may imposs the punishments provided for by the said subsectión (6).
(3) It shall be a defence to a prosecution under sub- section (6)2) if the person charged proves that he did not act with intent to defeat the discovery of a dealing in rela- tion to securities within section [4]B(1) or to delay or obstruct the carrying out of an inquiry.
09) In this section "books" includes banker's books.
14IL. (1) Except as provided in subsection (2), a person shall not be excused on account of privilege from complying with any requirement under section 141K or, on appearing before the Tribunal, from answering any question or dis closing any information or particulars or producing any book ar document.
(2) Nothing in this Part shall require the disclosure by a solicitor or counsel of any privileged communication. whether oral or written, made to or by him in that capacity, except as regards the name and address of his client,
(3) Nothing in subsection (1) shall be construed as affecting section 4 of the Inland Revenue Ordinance.".
The principal Ordinance is amended by adding, after the Second Addidon of Schedule, the following new Schedule-
9.
"THIRD SCHEDULE
Insider Dealing TribunAL
[ss. 1410 & 1410)
1. In this Schedule, unless the context otherwise requires-- "chairman" means the chairman of the Tribunal;
"inquiry" means an inquiry under section 141H;
"member" means a member of the Tribunal; "Tribunal" means the Tribunal established by section 141G.
Third Schedula,