1964_SECURITIES_(DISCLOSURE_OF_INTERESTS)_ORDINANCE — Page 32

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Securities (Disclosure of Interests)

[CAP. 396

those shares or debentures are relevant to the investigation of the ownership of shares in or debentures of the listed company.

(2) An inspector appointed under either section may at any time in the course of his investigation, without the necessity of making an interim report, inform the Financial Secretary of matters coming to his knowledge as a result of the investigation tending to show that an offence has been committed.

[cf. U.K. 1985 c. 6, s. 443]

Production of documents and evidence to inspectors

36. (1) When an inspector has been appointed under section 33 or 34, it is the duty of all officers and agents of the listed company, and of all officers and agents of any other corporation the ownership of whose shares or debentures are investigated under section 35(1)—

(a) to produce to the inspector all books and documents of or relating to the company or, as the case may be, the other corporation which are in their custody or power;

(b) to attend before the inspector when required to do so; and

(c) otherwise to give the inspector all assistance in connection with the investigation which they are reasonably able to give.

(2) If the inspector considers that a person other than an officer or agent of the listed company or other corporation is or may be in possession of information concerning its shares or debentures, he may require that person to produce to him any books or documents in his custody or power relating to the company or other corporation, to attend before him and otherwise to give him all assistance in connection with the investigation which he is reasonably able to give; and it shall be the duty of that person to comply with the requirement.

(3) An inspector may examine on oath the officers and agents of the listed company or other corporation, and any such person as is mentioned in subsection (2), in relation to the shares or debentures of the listed company or other corporation, and may administer an oath accordingly.

(4) A person is not excused from answering a question put to him under this section by an inspector on the ground that the answer 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.

(5) In this section a reference to officers or to agents includes past, as well as present, officers or agents (as the case may be); and "agents", in relation to a company or other corporation, includes its bankers and solicitors and persons employed by it as auditors, whether these persons are or are not officers of the company or other corporation.

Delegation of powers by inspectors

[cf. U.K. 1985 c. 6, s. 434]

37. (1) An inspector appointed under section 33 or 34 may, by instrument in writing, delegate to any person the powers conferred by section 36 to require the production of any books or documents and to put questions to officers and agents otherwise than on oath, or either of those powers.

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1988 Ed.] Securities (Disclosure of Interests) [CAP. 396 31 those shares or debentures are relevant to the investigation of the ownership of shares in or debentures of the listed company. (2) An inspector appointed under either section may at any time in the course of his investigation, without the necessity of making an interim report, inform the Financial Secretary of matters coming to his knowledge as a result of the investigation tending to show that an offence has been committed. [cf. U.K. 1985 c. 6, s. 443] Production of documents and evidence to inspectors 36. (1) When an inspector has been appointed under section 33 or 34, it is the duty of all officers and agents of the listed company, and of all officers and agents of any other corporation the ownership of whose shares or debentures are investigated under section 35(1)— (a) to produce to the inspector all books and documents of or relating to the company or, as the case may be, the other corporation which are in their custody or power; (b) to attend before the inspector when required to do so; and (c) otherwise to give the inspector all assistance in connection with the investigation which they are reasonably able to give. (2) If the inspector considers that a person other than an officer or agent of the listed company or other corporation is or may be in possession of information concerning its shares or debentures, he may require that person to produce to him any books or documents in his custody or power relating to the company or other corporation, to attend before him and otherwise to give him all assistance in connection with the investigation which he is reasonably able to give; and it shall be the duty of that person to comply with the requirement. (3) An inspector may examine on oath the officers and agents of the listed company or other corporation, and any such person as is mentioned in subsection (2), in relation to the shares or debentures of the listed company or other corporation, and may administer an oath accordingly. (4) A person is not excused from answering a question put to him under this section by an inspector on the ground that the answer 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. (5) In this section a reference to officers or to agents includes past, as well as present, officers or agents (as the case may be); and "agents", in relation to a company or other corporation, includes its bankers and solicitors and persons employed by it as auditors, whether these persons are or are not officers of the company or other corporation. Delegation of powers by inspectors [cf. U.K. 1985 c. 6, s. 434] 37. (1) An inspector appointed under section 33 or 34 may, by instrument in writing, delegate to any person the powers conferred by section 36 to require the production of any books or documents and to put questions to officers and agents otherwise than on oath, or either of those powers.

Baseline (Original)

1988 Ed.] Securities (Disclosure of Interests) [CAP. 396 31 those shares or debentures are relevant to the investigation of the ownership of shares in or debentures of the listed company. (2) An inspector appointed under either section may at any time in the course of his investigation, without the necessity of making an interim report, inform the Financial Secretary of matters coming to his knowledge as a result of the investigation tending to show that an offence has been committed. [cf. U.K. 1985 c. 6, s. 443] Production of documents and evidence to inspectors 36. (1) When an inspector has been appointed under section 33 or 34, it is the duty of all officers and agents of the listed company, and of all officers and agents of any other corporation the ownership of whose shares or debentures are investigated under section 35(1)—- (a) to produce to the inspector all books and documents of or relating to the company or, as the case may be, the other corporation which are in their custody or power; (b) to attend before the inspector when required to do so; and (c) otherwise to give the inspector all assistance in connection with the investigation which they are reasonably able to give. (2) If the inspector considers that a person other than an officer or agent of the listed company or other corporation is or may be in possession of information concerning its shares or debentures, he may require that person to produce to him any books or documents in his custody or power relating to the company or other corporation, to attend before him and otherwise to give him all assistance in connection with the investigation which he is reasonably able to give; and it shall be the duty of that person to comply with the requirement. (3) An inspector may examine on oath the officers and agents of the listed company or other corporation, and any such person as is mentioned in subsection (2), in relation to the shares or debentures of the listed company or other corporation, and may administer an oath accordingly. (4) A person is not excused from answering a question put to him under this section by an inspector on the ground that the answer 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. (5) In this section a reference to officers or to agents includes past, as well as present, officers or agents (as the case may be); and "agents", in relation to a company or other corporation, includes its bankers and solicitors and persons employed by it as auditors, whether these persons are or are not officers of the company or other corporation. Delegation of powers by inspectors [cf. U.K. 1985 c. 6, s. 434] 37. (1) An inspector appointed under section 33 or 34 may, by instru- ment in writing, delegate to any person the powers conferred by section 36 to require the production of any books or documents and to put questions to officers and agents otherwise than on oath, or either of those powers.

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