Secrecy.
Chines
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(2) In addition to any return required by subsection (1) the Secretary may, by notice in writing, call upon any bank or deposit-taking company to submit to him, within a time and in a form specified in the notice, such other return or such further or fuller return of statistical informativo as he may require for the purpose of measuring developments in the monetary
sector.
(3) The Secretary may require any return or information submitted to him pursuant to a requirement under this section to be accompanied by a certificate of the auditors of the bank or deposit-taking company as to whether or not, in the opinion of the auditors, the return or information is correctly compiled from the books and records of the bank or deposit- taking company,
4. (1) The Secretary and every person who is or has been authorized by him to have access to retums and information submitted by banks and deposit-taking companies under this Ordinance shall preserve and aid in preserving secrecy with regard to all such retums and information.
(2) Neither the Secretary or any other person shall disclose to any unauthorized person any retüm or information submitted by any bank or deposit-taking company under this Ordinance.
(3) Neither the Secretary nor any other person shall suffer or permit any unauthorized person to have access to any return or information submitted by any bank or deposit-taking company under this Ordinance.
(4) Except in respect of a prosecution under this Ordinance, no retura or information submitted by any bank or deposit-taking company under this Ordinance shall be disclosed or used in any proceedings, and neither the Financial Secretary for the Secretary nor any person who has been authorized to have access to any such return or information shall be compellable in any proceedings to produce or give evidence regarding any such reture or information.
(5) Nothing in subsection (2) shall apply to the disclosure of informa- tion
(a) by the Secretary to the Financial Secretary;
(b) in the form of a summary of similar information provided by a number of banks or deposit-taking companies if the summary la so framed as to prevent particulars relating to the business of any particular bank or deposit-taking company being ascertained from it; or
(c) to any court or magistrate for the purpose of proceedings instituted
for an offence under this Ordinance.
4. (1) Any person who contravenes section 4 commits an offence and is liable on conviction to a fine of $50,000 and to imprisonment for 2 years.
(2) Any person who-
(a) refuses or fails to submit any retum or information which he is
required to submit under this Ordinance; or
(5) wilfully or negligently makes any false return, or gives any false
information, or misleads or attempts to mislead the Secretary,
commits an offence and is liable on conviction to a fine of $50,000 and in the case of a continuing offence, to a further fine of $2,000 for overy day during which the offence continues.
1980.
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Fassed by the Hong Kong Legislative Council this 9th day of July
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
Clerk to the Legkløtive Göuncil.
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