1964_PROTECTION_OF_INVESTORS_ORDINANCE — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 335]

Protection of Investors

[1989 Ed.

Ordinance (Cap. 333) or who are exempted from registration

under that Ordinance.

(4) For the purposes of any proceedings under this section, an advertisement or document in which a person named in the advertisement or document holds himself out as being prepared---

(a) to give investment advice in return for remuneration; or

(b) to undertake for remuneration the management of investors'

portfolios of securities,

shall, subject to subsection (3), be presumed, unless he proves to the contrary, to have been issued by him.

Seizure etc. of documents

(1) If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that, at premises that are specified in the information, a person is in possession of any document which relates to an offence alleged to have been committed against this Ordinance, the magistrate may grant a warrant empowering an authorized officer of the Commission or any police officer-

(a) to enter the premises, if necessary by force, at any time within 1

month from the date of the warrant; and

(b) to search for, seize and remove, any document found on the premises which an authorized officer of the Commission or, as the case may be, the police officer has reasonable grounds for believing to have been involved in or connected with the alleged offence. (Amended 10 of 1989 s. 65)

(2) Any document seized under subsection (1) may be retained for a period of 6 months or, if within that period any proceedings in respect of an offence against this Ordinance are commenced and the document is relevant to those proceedings, until the conclusion of those proceedings.

(3) Notwithstanding subsection (2), a document seized under subsection (1) may be retained for a period longer than 6 months if the person entitled to it is not in Hong Kong or his whereabouts are unknown; and if-

(a) that person subsequently returns to Hong Kong or his

whereabouts subsequently become known; and

(b) within 14 days of his return or the discovery of his whereabouts, any proceedings in respect of an offence against this Ordinance are commenced, and the document is relevant to those proceedings,

the document may be retained until the conclusion of those proceedings.

(4) The person to whom a document seized under subsection (1) belongs shall, unless the document is the subject of an order under subsection (5), be entitled at all reasonable times to take copies of or extracts from it.

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CAP. 335] Protection of Investors [1989 Ed. Ordinance (Cap. 333) or who are exempted from registration under that Ordinance. (4) For the purposes of any proceedings under this section, an advertisement or document in which a person named in the advertisement or document holds himself out as being prepared--- (a) to give investment advice in return for remuneration; or (b) to undertake for remuneration the management of investors' portfolios of securities, shall, subject to subsection (3), be presumed, unless he proves to the contrary, to have been issued by him. 6. Seizure etc. of documents (1) If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that, at premises that are specified in the information, a person is in possession of any document which relates to an offence alleged to have been committed against this Ordinance, the magistrate may grant a warrant empowering an authorized officer of the Commission or any police officer- (a) to enter the premises, if necessary by force, at any time within 1 month from the date of the warrant; and (b) to search for, seize and remove, any document found on the premises which an authorized officer of the Commission or, as the case may be, the police officer has reasonable grounds for believing to have been involved in or connected with the alleged offence. (Amended 10 of 1989 s. 65) (2) Any document seized under subsection (1) may be retained for a period of 6 months or, if within that period any proceedings in respect of an offence against this Ordinance are commenced and the document is relevant to those proceedings, until the conclusion of those proceedings. (3) Notwithstanding subsection (2), a document seized under subsection (1) may be retained for a period longer than 6 months if the person entitled to it is not in Hong Kong or his whereabouts are unknown; and if- (a) that person subsequently returns to Hong Kong or his whereabouts subsequently become known; and (b) within 14 days of his return or the discovery of his whereabouts, any proceedings in respect of an offence against this Ordinance are commenced, and the document is relevant to those proceedings, the document may be retained until the conclusion of those proceedings. (4) The person to whom a document seized under subsection (1) belongs shall, unless the document is the subject of an order under subsection (5), be entitled at all reasonable times to take copies of or extracts from it.

Baseline (Original)

10 CAP. 335] Protection of Investors [1989 Ed. Ordinance (Cap. 333) or who are exempted from registration under that Ordinance. (4) For the purposes of any proceedings under this section, an advertisement or document in which a person named in the advertisement or document holds himself out as being prepared--- (a) to give investment advice in return for remuneration; or (b) to undertake for remuneration the management of investors' portfolios of securities, shall, subject to subsection (3), be presumed, unless he proves to the contrary, to have been issued by him. 6. Seizure etc. of documents (1) If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that, at premises that are specified in the information, a person is in possession of any document which relates to an offence alleged to have been committed against this Ordinance, the magistrate may grant a warrant empowering an authorized officer of the Commission or any police officer- (a) to enter the premises, if necessary by force, at any time within 1 month from the date of the warrant; and (b) to search for, seize and remove, any document found on the premises which an authorized officer of the Commission or, as the case may be, the police officer has reasonable grounds for believing to have been involved in or connected with the alleged offence. (Amended 10 of 1989 s. 65) (2) Any document seized under subsection (1) may be retained for a period of 6 months or, if within that period any proceedings in respect of an offence against this Ordinance are commenced and the document is relevant to those proceedings, until the conclusion of those proceedings. (3) Notwithstanding subsection (2), a document seized under subsec- tion (1) may be retained for a period longer than 6 months if the person entitled to it is not in Hong Kong or his whereabouts are unknown; and if- (a) that person subsequently returns to Hong Kong or his whereabouts subsequently become known; and (b) within 14 days of his return or the discovery of his whereabouts, any proceedings in respect of an offence against this Ordinance are commenced, and the document is relevant to those pro- ceedings, the document may be retained until the conclusion of those proceedings. (4) The person to whom a document seized under subsection (1) belongs shall, unless the document is the subject of an order under subsection (5), be entitled at all reasonable times to take copies of or extracts from it.

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