26
92
CAP. 24]
Securities and Futures Commission
[1989 Ed.
56. Immunity, etc.
(1) No liability shall be incurred by any person in respect of anything done, or omitted to be done, by him in good faith in the performance or purported performance of any function under the relevant Ordinances.
(2) Subject to section 50(10), a person who complies with a requirement made under this Ordinance shall not incur any liability to any person by reason only of that compliance.
(3) A person who is a legal practitioner (whether or not he is qualified in Hong Kong to practise as a barrister or act as a solicitor) shall not be required under this Ordinance to disclose any information (other than the name and address of a client) or produce any record or other document which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court.
(4) A person who is not a legal practitioner shall not be required under this Ordinance to disclose any information or produce any document (whether an original or a copy) if the requirement to do so would not apply in the case of a legal practitioner by virtue of subsection (3).
57. Liability of directors, etc.
(1) Where an offence under this Ordinance committed by a corporation 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 corporation, or any person who was purporting to act in any such capacity, he, as well as the corporation, 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 corporation 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 corporation or any of them act.
(3) A person shall not, by reason only that the directors of a corporation 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.
(4) Where an offence committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of the partnership, that other partner shall be guilty of the offence and liable to be proceeded against and punished accordingly.
58. Evidence
Any record or other document purporting to be a record or other document, or a copy of a record or other document, executed, signed or issued
26
92
CAP. 24]
Securities and Futures Commission
[1989 Ed.
56. Immunity, etc.
(1) No liability shall be incurred by any person in respect of anything done, or omitted to be done, by him in good faith in the performance or purported performance of any function under the relevant Ordinances.
(2) Subject to section 50(10), a person who complies with a requirement made under this Ordinance shall not incur any liability to any person by reason only of that compliance.
(3) A person who is a legal practitioner (whether or not he is qualified in Hong Kong to practise as a barrister or act as a solicitor) shall not be required under this Ordinance to disclose any information (other than the name and address of a client) or produce any record or other document which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court.
(4) A person who is not a legal practitioner shall not be required under this Ordinance to disclose any information or produce any document (whether an original or a copy) if the requirement to do so would not apply in the case of a legal practitioner by virtue of subsection (3).
57. Liability of directors, etc.
(1) Where an offence under this Ordinance committed by a corporation 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 corporation, or any person who was purporting to act in any such capacity, he, as well as the corporation, 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 corporation 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 corporation or any of them act.
(3) A person shall not, by reason only that the directors of a corporation 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.
(4) Where an offence committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of the partnership, that other partner shall be guilty of the offence and liable to be proceeded against and punished accordingly.
58. Evidence
Any record or other document purporting to be a record or other document, or a copy of a record or other document, executed, signed or issued
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