32
CAP. 396]
Securities (Disclosure of Interests)
[1988 Ed.
(2) Where 2 or more inspectors are appointed as aforesaid in respect of the same investigation, the power conferred by this section may be exercised by any of them.
Obstruction of inspectors
38. (1) When an inspector is appointed under section 33 or 34 this section applies in the case of-
(a) any officer or agent of the listed company;
(b) any officer or agent of another corporation whose shares or debentures are investigated under section 35; and
(c) any such person as is mentioned in section 36(2).
(2) If that person---
(a) refuses to produce any book or document which it is his duty under section 36 to produce; or
(b) refuses to attend before an inspector when required to do so; or
(c) refuses to answer any question put to him by an inspector with respect to the shares or debentures of the company or other corporation (as the case may be),
the inspector may certify the refusal in writing to the High Court.
(3) The High Court may thereupon enquire into the case; and, after hearing any witnesses who may be produced against or on behalf of the alleged offender and after hearing any statement which may be offered in defence, the Court may punish the offender in like manner as if he had been guilty of contempt of the Court.
(4) References in this section to an inspector include any person to whom the powers of an inspector are delegated under section 37.
(5) Section 36(5) shall apply with regard to references in subsection (1) to an officer or agent.
Inspector's reports
[cf. U.K. 1985 c. 6, s. 436]
39. (1) The inspector may, and if so directed by the Financial Secretary shall, make interim reports to the Financial Secretary, and on the conclusion of the investigation shall make a final report to him.
(2) Any such report shall be written or printed, as the Financial Secretary directs.
(3) The Financial Secretary may, if he thinks fit-
(a) forward a copy of any report made by the inspector to the listed company's registered office or principal place of business in Hong Kong;
(b) furnish a copy on request and on payment of the fee provided in the regulations to-
32
CAP. 396]
Securities (Disclosure of Interests)
[1988 Ed.
(2) Where 2 or more inspectors are appointed as aforesaid in respect of the same investigation, the power conferred by this section may be exercised by any of them.
Obstruction of inspectors
38. (1) When an inspector is appointed under section 33 or 34 this section applies in the case of-
(a) any officer or agent of the listed company;
(b) any officer or agent of another corporation whose shares or deben-
tures are investigated under section 35; and
(c) any such person as is mentioned in section 36(2).
(2) If that person---
(a) refuses to produce any book or document which it is his duty under
section 36 to produce; or
(b) refuses to attend before an inspector when required to do so; or
?
(c) refuses to answer any question put to him by an inspector with respect to the shares or debentures of the company or other corporation (as the case may be),
the inspector may certify the refusal in writing to the High Court.
(3) The High Court may thereupon enquire into the case; and, after hearing any witnesses who may be produced against or on behalf of the alleged offender and after hearing any statement which may be offered in defence, the Court may punish the offender in like manner as if he had been guilty of contempt of the Court.
(4) References in this section to an inspector include any person to whom the powers of an inspector are delegated under section 37.
(5) Section 36(5) shall apply with regard to references in subsection (1) to an officer or agent.
Inspector's reports
[cf. U.K. 1985 c. 6, s. 436]
39. (1) The inspector may, and if so directed by the Financial Secretary shall, make interim reports to the Financial Secretary, and on the conclusion of the investigation shall make a final report to him.
(2) Any such report shall be written or printed, as the Financial Secretary directs.
(3) The Financial Secretary may, if he thinks fit-
(a) forward a copy of any report made by the inspector to the listed company's registered office or principal place of business in Hong Kong;
(b) furnish a copy on request and on payment of the fee provided in the
regulations to-
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