1964_BANKING_ORDINANCE — Page 95

94

CAP. 155]

Banking

[1987 Ed.

(Cap. 112.)

a

(b) any person authorized or employed by the Commissioner

under section 8;

a

(c) any person appointed under section 52(1)(B), or by order of the Governor in Council under section 53(1)(ii), to advise an authorized institution in the proper conduct of its business;

મ

(d) any person who has assumed control of the business of an authorized institution pursuant to a direction under sec- tion 52(1)(C) or an order of the Governor in Council under section 53(1)(ii);

a

(e) any person appointed under section 117(2); and

a

(f) any person employed by or assisting a person to whom this subsection applies by virtue of paragraph (b), (c), (d), or (e),

or has exercised

who exercises any function under this Ordinance.

(3) Where under section 52(1)(C) or under section 53(1)(ii) the Commissioner assumes control of and carries on the business of an authorized institution or any other person is directed so to do, subsection (1) shall not apply if the Commissioner or such other person is required to comply with a notice to furnish returns and information under section 51 of the Inland Revenue Ordinance.

(4) No person who exercises any function in the course of an examination or investigation under section 47, 50, 55 or 117 or who receives reports, returns or information submitted under section 47, 50, 55, 56, 63 or 64 shall be required to produce in any court any book, account or other document whatsoever or to divulge or communicate to any court any matter or thing coming under his notice in the exercise of his functions under this Ordinance, except as may be necessary in the course of a prosecution for any offence or of a winding-up by the High Court under section 122.

(5) Subsection (1) shall not apply-

(a) to the disclosure of information in the form of a summary of similar information provided by a number of authorized institutions if the summary is so framed as to prevent particulars relating to the business of any particular au- thorized institution being ascertained from it;

(b) to the disclosure of information with a view to the institu- tion of, or otherwise for the purposes of, any criminal proceedings, whether under this Ordinance or otherwise;

(c) in connection with any other legal proceedings arising out

of this Ordinance;

(d) to the disclosure of information to the police or the Independent Commission Against Corruption, at the re- quest of the Attorney General, relevant to the proper investigation of any criminal complaint;

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