1964_SECURITIES_AND_FUTURES_COMMISSION_ORDINANCE — Page 62

62

CAP. 24]

Securities and Futures Commission

[1989 Ed.

(d) without reasonable excuse fails to answer any question put to him by the investigator under subsection (4)(c), or in answering such a question says anything which he knows to be false or misleading in a material particular or who in so answering recklessly makes a false statement;

(e) without reasonable excuse fails to comply with subsection (4)(d); (without reasonable excuse fails to comply with a requirement under subsection (8), or fails to do so within the period specified therein,

commits an offence.

(13) If any person, without reasonable excuse, fails to do anything which he is required to do under subsection (4), the investigator may certify the failure to the High Court and the High Court may thereupon inquire into the case and-

(a) order such person to comply with the requirement within such

period as may be fixed by the High Court; or

(b) if the High Court is satisfied that such person has failed without

reasonable excuse to comply with such requirement, punish him in the same manner as if he had been guilty of contempt of court.

(14) A person shall not be punished under subsections (12) and (13) in respect of the same failure.

(15) (a) Where the person under investigation or any other person is

convicted by a court or magistrate on a prosecution instituted as a result of an investigation under this section, the court or magistrate may order him to pay to the Commission the whole or part of the costs or expenses of the investigation.

(b) Where an amount is paid to the Commission pursuant to an order under this subsection in respect of the costs or expenses of an investigation and the costs or expenses of that investigation are paid out of moneys provided by the Legislative Council, the Commission shall pay to the Financial Secretary an amount equal to the amount of those moneys or, if the amount paid pursuant to the order is less than the amount of those moneys, an amount equal to that so paid.

34. Returns

(1) The Commission may make rules requiring any registered person to whom the rules apply to make annual returns to the Commission.

(2) Rules made under this section may-

(a) apply to registered persons generally or to registered persons of a particular class or description specified in the rules, and different rules may be made in respect of different classes or descriptions of registered persons;