1974-HKRS28-16-22_Part02 — Page 38

-(12.80 1976)

Seizure clc.

of docu- rments.

JeJ. 1958. c. 43. x. 30. Sex

8

regular circulation, which contain an advertisement to which this section relates; or

(b) issues advertisements which are or contain, or issues or has in his possession for the purposes of issue documents which contain, invitations to which this section relates to persons who are dealers or investment advisers registered under the Securities Ordinance 1974 or who are exempted from registration under that Ordinance. (4) For the purposes of any proceedings under this section, an advertisement or document in which a person named in the advertisement or document holds himself out as being prepared-

(a) to give investment advice in return for remuneration; or (b) to undertake for remuneration the management of in-

vestors' portfolios of securities,

shall, subject to subsection (3), be presumed, unless he proves to the contrary, to have been issued by him.

6. (1) If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that, at premises that are specified in the information, a person is in possession of any document which relates to an offence alleged to have beco committed against this Ordinance. 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 month from the date of the warrant; and (b) to search for, seize and remove, any document found on the premises which the Commissioner or, as the case may be, the police officer has reasonable grounds for believing to have been involved in or connected with the alleged offence.

be (2) Any document seized under subsection (1) may retained for a period of 6 months or, if within that period any proceedings in respect of an offence against this Ordinance are commenced and the document is relevant to those proceedings, until the conclusion of those proceedings.

(3) Notwithstanding subsection (2), a document 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 or his whereabouts are unknown; and if—

(a) that person subsequently returns to Hong Kong or his

whereabouts subsequently become known; and

(b) within 14 days of his return or the discovery of his whereabouts, any proceedings in respect of an offence against this Ordinance are commenced, and the docu- ment is relevant to those proceedings,

the document may be retained until the conclusion of those proceedings.

(4) The person to whom a document seized under subsection (1) belongs shall, unless the document is the subject of an order under subsection (5), be entitled at all reasonable times to take copies of or extracts from it.

(5) Where any person is convicted of an offence against this Ordinance, the court dealing with the case may make an order authorizing the destruction, or the disposal in any other specified manner, of any documents produced to the court which are shown to its satisfaction to be involved in or connected with the commission of the offence; but an order under this subsection may not authorize the destruction or disposal of a document before the conclusion of the proceedings to which the order relates,

(6) Subject to subsections (2), (3), (4) and (5), section 102 of the Criminal Procedure Ordinance (which makes provision for (Cap 221) the disposal of property connected with offences) shall apply to property which has come into the possession of the Commis- sioner or the police under this section in the same way as it applies to property which has come into the possession of the police in the circumstances mentioned in that section.

(7) any person who-

(a) obstructs the exercise of any right of entry or search conferred by virtue of a warrant under this section; or

(b) obstructs the exercise of any right so conferred to seize

any document,

shall be guilty of an offence and liable on conviction to a fine of $5,000 and to imprisonment for 6 months.

etc.

7. (1) Where an offence against this Ordinance committed Liability of by a company or other body corporate is proved to have been directors. committed with the consent or connivance of, or to be attribu- 1. 1963. c. 16. table to any neglect on the part of, any director, manager, 122] secretary, or other similar officer of the company or body cor- porate or any person who was purporting to act in any such capacity, he, as well as the company or body, shall be guilty