1963-HKRS29-8-30_Part01 — Page 14

Inspector's

report to be eridence.

9. 171.

10

of the motion of the Financial Secretary, shall be liable, except so far as the Financial Secretary may otherwise direct; and

(i) the applicants for the investigation, where the inspector was appointed under section 134, to such extent, if any, as the Financial Secretary may direct;

and any amount for which a body corporate is liable by virtue of paragraph (b) shall be a first charge on the sums or properly mentioned in that paragraph.

(2) The report of an inspector appointed otherwise than of the motion of the Financial Secretary may, if he thinks fit, and shall, if the Financial Secretary so directs, include a recommendation as to the directions, if any, that he thinks appropriats, in the light of his investigation, to be given under paragraph (c) of subsection (1).

(3) For the purposes of this section, any costs or expenses incurred by the Financial Secretary in or in con- nexion with proceedings brought by virtue of subsection (4) of section 135B, including expenses incurred by virtue of subsection (5) thereof, shall be treated as expenses of the investigation giving rise to the proceedings.

(4) Any liability to repay the Government imposed by paragraphs (4) and (b) of subsection (1) shall, subject to the satisfaction of the right of Government to repayment, be a liability also to indemnify all persons against liability under paragraph (c) thereof, and any such liability imposed by the said paragraph (a) shall, subject as aforesaid, be a liability also to indemnify all persons against liability under the said paragraph (5); and any person liable under the said para- graph (a) or (b) or either sub-paragraph of the said para- graph (c) shall be entitled to contribution from any other person liable under the same paragraph or sub-paragraphs, as the case may be, according to the amount of their respec- tive liabilities thereunder.

136A. A copy of any report of an inspector appointed under section 134 or section 134A, signed by the inspector

11 & 12 Geo. and counter-signed by the Financial Secretary, shall be 6, c. 38,

admissible in any legal proceedings as evidence of the opinion of the inspector in relation to any matter contained in the report.

Saving for Bolfcitors

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136B. Nothing in sections 134 to 136A shall require

and bankors, disclosure to the Financial Secretary or to an inspector

!! & 12 Geo, appointed by him-

6. c. 38. 3. 173.

Notice to Registrar.

Power of company to appoint inspector.

(a) by a solicitor of any privileged communication made to him in that capacity, except as respects the name and address of his client; or

(6) by the bankers as such of a body corporate of any information as to the affairs of any of their cus- tomers other than the body corporate.

137. Upon the appointment of an inspector under section 134 or section 134A and upon the submission of his final report, the inspector shall forward to the Registrar a notice in writing under his hand of such appointment or of such submission, as the case may be.

137A. (1) A company may, by special resolution, appoint an inspector to investigate its affairs.

(2) It shall be the duty of all officers and agents of the company to produce to the inspector all books and documents in their custody or power.

(3) An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.

(4) If any officer or agent of the company destroys any book or document that it is his duty to produce to the inspector under this section with intent to avoid or prevent its production, or refuses to produce any such book or document to the inspector, or refuses to answer any ques- tion that is put to him by the inspector with respect to the affairs of the company, the inspector may certify the fact under his hand to the court, and the court may thereupon inquire into the case, and, after hearing any witnesses who may be produced against or on behalf of the alleged offender and after hearing any statement that may be offered in defence, punish the offender in like manner as if he had been guilty of contempt of the court.

(5) On the conclusion of the investigation the inspec- tor shall report his opinion in such manner and to such persons as the company in general meeting way direct.

(6) A copy of the report of an inspector appointed under this section, signed by the inspector and sealed with the seal of the company to which the report relates, shall