1964_POLICE_FORCE_ORDINANCE — Page 26

1984 Ed.]

Police Force

[CAP. 232

25

is not incorporated in Hong Kong, the notice may be served on the manager or other person in charge of any place of business established in Hong Kong by the bank or deposit-taking company.

(4) If any bank or deposit-taking company on which a notice under this section is served, without reasonable excuse—

(a) fails to comply with any of the requirements of such notice; or

(b) in purported compliance with any such requirement, furnishes any information which is false in a material particular,

such bank or deposit-taking company shall be guilty of an offence and shall be liable—

(i) on conviction upon indictment, to a fine of $100,000;

(ii) on summary conviction, to a fine of $50,000.

(5) Where a bank or deposit-taking company on which a notice under this section is served, at any time—

(a) fails to comply with any of the requirements of such notice; or

(b) in purported compliance with any such requirement, furnishes any information which is false in a material particular,

with the consent or connivance of any individual, the individual shall, whether or not an offence under subsection (4) is committed, be guilty of an offence under this subsection if at that time—

(A) he is a director, manager, secretary or similar officer of the bank or deposit-taking company; or

(B) he is purporting to act as such officer or as agent of the bank or deposit-taking company; or

(C) the bank or deposit-taking company is managed by its members, of whom he is one.

and shall be liable—

(i) on conviction upon indictment, to a fine of $50,000 and to imprisonment for 1 year;

(ii) on summary conviction, to a fine of $10,000 and to imprisonment for 6 months.

(6) Where a notice under this section is served on a bank or deposit-taking company, any individual who wilfully causes or procures the bank or deposit-taking company—

(a) to fail to comply with any of the requirements of such notice; or

(b) in purported compliance with any such requirement, to furnish any information which is false in a material particular,