1964_COMPANIES_ORDINANCE — Page 36

146

CAP. 32]

Companies

[1984 Ed.

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. (Added, 6 of 1984, s. 99)

(3B) A person who complies with any requirement under this section of an inspector investigating the affairs of a company shall not incur any liability to any person by reason only of that compliance, and a certificate by the inspector under his hand stating that he is investigating the affairs of the company and that the person to whom the requirement is made is an officer, agent or employee, as the case may be, of the company shall be conclusive evidence of those facts. (Added, 6 of 1984, s. 99)

(4) If an inspector thinks it necessary for the purpose of his investigation that a person whom he has no power to examine on oath should be so examined, he may apply to the court and the court may if it sees fit order that person to attend and be examined on oath before it on any matter relevant to the investigation, and on any such examination-

(a) the inspector may take part therein either personally or by

solicitor or counsel;

(b) the court may put such questions to the person examined

as the court thinks fit;

(c) the person examined shall answer all such questions as the court may put or allow to be put to him, but may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the court may deem just for the purpose of enabling him to explain or qualify any answers given by him;

and notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him:

Provided that, notwithstanding anything in paragraph (c), the court may allow the person examined such costs as in its discretion it may think fit, and any costs so allowed shall be paid as part of the expenses of the investigation.

(4A) Section 222A shall apply in relation to the powers and duties of the court on an examination under subsection (4) as it applies to the powers and duties conferred or imposed upon the court by sections 221 and 222 in respect of examinations under those sections, and, for the purposes of this subsection, any reference in section 222A to those sections shall be deemed to include a reference to subsection (4). (Added, 6 of 1984, s. 99)

(5) In this section, any reference to officers or to agents shall include past, as well as present, officers or agents, as the case may be, and for the purposes of this section the expression "agents", in