154
CAP. 32]
Penalization of furnishing false information under section 152A.
1967 c. 81. s 114.
Saving for solicitors and bankers.
1967 c. 81, s. 116,
Directors.
16 of 1984.) (*31884)
Companies
[1984 Ed.
(c) sends, causes to be sent or conspires with another person to send, out of Hong Kong such a book or paper or any property belonging to or under the control of the company, shall be guilty of an offence and liable
(i) on conviction upon indictment to a fine of $50,000 and to imprisonment for 2 years; and
(ii) on summary conviction to a fine of $10,000 and to imprisonment for 6 months.
(2) In a prosecution for an offence under subsection (1), it shall be a defence if the person charged with the offence proves that he did not act with intent to defeat the purposes of sections 142 to 152B.
(Added, 6 of 1984, s. 107)
152E. A person who, in purported compliance with a requirement imposed under section 152A to provide an explanation or make a statement, provides or makes an explanation or statement which he knows to be false in a material particular or recklessly provides or makes an explanation or statement which is so false shall be guilty of an offence and liable
(a) on conviction upon indictment to a fine of $50,000 and to imprisonment for 2 years; and
(b) on summary conviction to a fine of $10,000 and to imprisonment for 6 months.
(Added, 6 of 1984, s. 107)
152F. (1) Nothing in section 152A, 152B, 152C, 152D or 152E shall compel the production by a solicitor of a document containing a privileged communication made by or to him in that capacity or authorize the taking of possession of any such document which is in his possession.
(2) The Financial Secretary shall not, under section 152A, require, or authorize any public officer to require, the production by a person carrying on the business of banking of a document relating to the affairs of a customer of his unless either it appears to the Financial Secretary that it is necessary so to do for the purpose of investigating the affairs of the first-mentioned person or the customer is a person on whom a requirement has been imposed by virtue of that section.
(Added, 6 of 1984, s. 107)
Directors and other Officers
153. (1) Every company shall have at least 2 directors.
(2) In the case of a company referred to in paragraph (a) or (b) which has not at any time (whether before or after the commencement* of the Companies (Amendment) Ordinance 1984) sent to the Registrar under section 158 a return containing the names of at least 2 directors of the company, each of the following shall, until such return is so sent, be deemed to be a director of the company-
154
CAP. 32]
Penalization of furnishing false information under section 152A.
1967 c. 81. s 114.
Saving for solicitors and bankers.
1967 c. 81, s. 116,
Directors.
16 of 1984.) (*31884)
Companies
[1984 Ed.
(c) sends, causes to be sent or conspires with another person to send, out of Hong Kong such a book or paper or any property belonging to or under the control of the company. shall be guilty of an offence and liable
(i) on conviction upon indictment to a fine of $50,000 and to
imprisonment for 2 years; and
(ii) on summary conviction to a fine of $10,000 and to im-
prisonment for 6 months.
(2) In a prosecution for an offence under subsection (1), it shall be a defence if the person charged with the offence proves that he did not act with intent to defeat the purposes of sections 142 to 152B.
( Added, 6 of 1984, s. 107)
152E. A person who, in purported compliance with a require- ment imposed under section 152A to provide an explanation or make a statement, provides or makes an explanation or statement which he knows to be false in a material particular or recklessly provides or makes an explanation or statement which is so false shall be guilty of an offence and liable
(a) on conviction upon indictment to a fine of $50,000 and to
imprisonment for 2 years; and
(b) on summary conviction to a fine of $10,000 and to im-
prisonment for 6 months.
(Added, 6 of 1984, s. 107)
152F. (1) Nothing in section 152A, 152B, 152C, 152D or 152E shall compel the production by a solicitor of a document containing a privileged communication made by or to him in that capacity or authorize the taking of possession of any such document which is in his possession.
(2) The Financial Secretary shall not, under section 152A, require, or authorize any public officer to require, the production by a person carrying on the business of banking of a document relating. to the affairs of a customer of his unless either it appears to the Financial Secretary that it is necessary so to do for the purpose of investigating the affairs of the first-mentioned person or the cus- tomer is a person on whom a requirement has been imposed by virtue of that section.
(Added, 6 of 1984, s. 107)
Directors and other Officers
153. (1) Every company shall have at least 2 directors.
(2) In the case of a company referred to in paragraph (a) or (b) which has not at any time (whether before or after the commence- ment* of the Companies (Amendment) Ordinance 1984) sent to the Registrar under section 158 a return containing the names of at least 2 directors of the company, each of the following shall, until such return is so sent. be deemed to be a director of the company-
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