1989 Ed.]
Protection of Investors
[CAP. 335
11
(5) Where any person is convicted of an offence against this Ordinance, the court dealing with the case may make an order authorizing the destruction, or the disposal in any other specified manner, of any documents produced to the court which are shown to its satisfaction to be involved in or connected with the commission of the offence; but an order under this subsection may not authorize the destruction or disposal of a document before the conclusion of the proceedings to which the order relates.
(6) Subject to subsections (2), (3), (4), and (5), section 102 of the Criminal Procedure Ordinance (Cap.221) (which makes provision for the disposal of property connected with offences) shall apply to property which has come into the possession of an authorized officer of the Commission or the police under this section in the same way as it applies to property which has come into the possession of the police in the circumstances mentioned in that section. (Amended L.N.38 of 1974; 10 of 1989 s.65)
(7) Any person who—
(a) obstructs the exercise of any right of entry or search conferred by virtue of a warrant under this section; or
(b) obstructs the exercise of any right so conferred to seize any document,
shall be guilty of an offence and liable on conviction to a fine of $5,000 and to imprisonment for 6 months.
[cf. 1958 c.45 s.14(8)~(11) U.K.]
7. Liability of directors, etc.
(1) Where an offence against this Ordinance committed by a company or other body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the company or body corporate or any person who was purporting to act in any such capacity, he, as well as the company or body, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Subject to subsection (3), for the purposes of this section, a person is deemed to be a director of a company or other body corporate if he occupies the position of a director by whatever name called, or is a person in accordance with whose directions or instructions the directors of the company or other body corporate or any of them act.
(3) A person shall not, by reason only that the directors of a company or other body corporate act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.
[cf. 1963 c.16 s.22 U.K.]
1989 Ed.]
Protection of Investors
[CAP. 335
11
(5) Where any person is convicted of an offence against this Ordinance, the court dealing with the case may make an order authorizing the destruction, or the disposal in any other specified manner, of any documents produced to the court which are shown to its satisfaction to be involved in or connected with the commission of the offence; but an order under this subsection may not authorize the destruction or disposal of a document before the conclusion of the proceedings to which the order relates.
(6) Subject to subsections (2), (3), (4), and (5), section 102 of the Criminal Procedure Ordinance (Cap. 221) (which makes provision for the disposal of property connected with offences) shall apply to property which has come into the possession of an authorized officer of the Commission or the police under this section in the same way as it applies to property which has come into the possession of the police in the circumstances mentioned in that section. (Amended L.N. 38 of 1974; 10 of 1989 s. 65 )
(7) Any person who—
(a) obstructs the exercise of any right of entry or search conferred by
virtue of a warrant under this section; or
(b) obstructs the exercise of any right so conferred to seize any
document,
shall be guilty of an offence and liable on conviction to a fine of $5,000 and to imprisonment for 6 months.
[cf. 1958 c. 45 s. 14(8)~(11) U.K.]
7. Liability of directors, etc.
(1) Where an offence against this Ordinance committed by a company or other body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the company or body corporate or any person who was purporting to act in any such capacity, he, as well as the company or body, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Subject to subsection (3), for the purposes of this section, a person is deemed to be a director of a company or other body corporate if he occupies the position of a director by whatever name called, or is a person in accordance with whose directions or instructions the directors of the company or other body corporate or any of them act.
(3) A person shall not, by reason only that the directors of a company or other body corporate act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.
[cf. 1963 c. 16 s. 22 U.K.]
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