TNAG-1773-FCO40-2525-Hong-Kong-Exchange-Fund-Hong-Kong-Futures-Exchange-Limited--1988 — Page 47

A364

Production of

Ord. No. 63/88

SECURITIES (DISCLOSURE OF INTERESTS)

36. (1) When an inspector has been appointed under section 33 or 34, documents and it is the duty of all officers and agents of the listed company, and of all

evidence to

inspectors

1985 c. 6, s. 434

Delegation of powers by inspectors

Obstruction of inspectors

1985 c. 6, s. 436

officers and agents of any other corporation the ownership of whose shares or debentures are investigated under section 35(1)—

(a) to produce to the inspector all books and documents of or relating to the company or, as the case may be, the other corporation which are in their custody or power;

(b) to attend before the inspector when required to do so; and

(c) otherwise to give the inspector all assistance in connection with the

investigation which they are reasonably able to give.

(2) If the inspector considers that a person other than an officer or agent of the listed company or other corporation is or may be in possession of information concerning its shares or debentures, he may require that person to produce to him any books or documents in his custody or power relating to the company or other corporation, to attend before him and otherwise to give him all assistance in connection with the investigation which he is reasonably able to give; and it shall be the duty of that person to comply with the requirement.

(3) An inspector may examine on oath the officers and agents of the listed company or other corporation, and any such person as is mentioned in subsection (2), in relation to the shares or debentures of the listed company or other corporation, and may administer an oath accordingly.

(4) A person is not excused from answering a question put to him under this section by an inspector on the ground that the answer might tend to incriminate him but, where such person claims, before answering the question, that the answer might tend to incriminate him, neither the question nor the answer shall be admissible in evidence against him in criminal proceedings other than proceedings in relation to a charge of perjury in respect of the answer.

(5) In this section a reference to officers or to agents includes past, as well as present, officers or agents (as the case may be); and "agents", in relation to a company or other corporation, includes its bankers and solicitors and persons employed by it as auditors, whether these persons are or are not officers of the company or other corporation.

37. (1) An inspector appointed under section 33 or 34 may, by instrument in writing, delegate to any person the powers conferred by section 36 to require the production of any books or documents and to put questions to officers and agents otherwise than on oath, or either of those powers.

(2) Where 2 or more inspectors are appointed as aforesaid in respect of the same investigation, the power conferred by this section may be exercised by any of them.

38. (1) When an inspector is appointed under section 33 or 34 this section applies in the case of

(a) any officer or agent of the listed company;

(b) any officer or agent of another corporation whose shares or deben-

tures are investigated under section 35; and