1964_SECURITIES_ORDINANCE — Page 68

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Securities

[CAP. 333

67

95. Books, accounts, and records to be produced on demand

(1) On request by an auditor appointed under this Part or a person who produces a written authority in that behalf under section 93(c)-

(a) a dealer and, where the dealer is a corporation or carries on business in partnership, the directors of the corporation or the other members of the partnership, and the dealer's servants and agents, shall produce any books, accounts, and records of any securities held by the dealer relating to the dealer's business; and

(b) an auditor appointed by a dealer shall produce any books, accounts, and records held by him relating to the business of the dealer.

(2) A dealer and, where the dealer is a corporation or carries on business in partnership, the directors of the corporation or the other members of the partnership, as the case may be, and the dealer's servants and agents and any auditor appointed by the dealer shall answer all questions relevant to an examination and audit which are put to him by an auditor appointed under this Part or a person who produces a written authority in that behalf given under section 93(c).

(3) Any person mentioned in subsection (1) who, without reasonable excuse, fails to comply with any request made to him under that subsection, or any person mentioned in subsection (2) who, without reasonable excuse, refuses or fails to answer any question put to him under that subsection, shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 2 years.

96. Offence to destroy, conceal, or alter records or send records or other property outside Hong Kong

(1) Any person who, with intent to prevent, delay, or obstruct the carrying out of any examination and audit under this Part-

(a) destroys, conceals or alters any book, account, record or document relating to the business of a dealer; or

(b) sends or attempts to send, or conspires with any other person to send, out of Hong Kong any such book, account, record, or document, or any property of any description belonging to or in the disposition of or under the control of a dealer,

shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years.

(2) If, in a prosecution for an offence under subsection (1), it is proved that the person charged-

(a) destroyed, concealed, or altered any book, account, record, or document mentioned in that subsection; or

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1989 Ed.] Securities [CAP. 333 67 95. Books, accounts, and records to be produced on demand (1) On request by an auditor appointed under this Part or a person who produces a written authority in that behalf under section 93(c)- (a) a dealer and, where the dealer is a corporation or carries on business in partnership, the directors of the corporation or the other members of the partnership, and the dealer's servants and agents, shall produce any books, accounts, and records of any securities held by the dealer relating to the dealer's business; and (b) an auditor appointed by a dealer shall produce any books, accounts, and records held by him relating to the business of the dealer. (2) A dealer and, where the dealer is a corporation or carries on business in partnership, the directors of the corporation or the other members of the partnership, as the case may be, and the dealer's servants and agents and any auditor appointed by the dealer shall answer all questions relevant to an examination and audit which are put to him by an auditor appointed under this Part or a person who produces a written authority in that behalf given under section 93(c). (3) Any person mentioned in subsection (1) who, without reasonable excuse, fails to comply with any request made to him under that subsection, or any person mentioned in subsection (2) who, without reasonable excuse, refuses or fails to answer any question put to him under that subsection, shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 2 years. 96. Offence to destroy, conceal, or alter records or send records or other property outside Hong Kong (1) Any person who, with intent to prevent, delay, or obstruct the carrying out of any examination and audit under this Part- (a) destroys, conceals or alters any book, account, record or document relating to the business of a dealer; or (b) sends or attempts to send, or conspires with any other person to send, out of Hong Kong any such book, account, record, or document, or any property of any description belonging to or in the disposition of or under the control of a dealer, shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years. (2) If, in a prosecution for an offence under subsection (1), it is proved that the person charged- (a) destroyed, concealed, or altered any book, account, record, or document mentioned in that subsection; or
Baseline (Original)
1989 Ed.] Securities [CAP. 333 67 95. Books, accounts, and records to be produced on demand (1) On request by an auditor appointed under this Part or a person who produces a written authority in that behalf under section 93(c)- (a) a dealer and, where the dealer is a corporation or carries on business in partnership, the directors of the corporation or the other members of the partnership, and the dealer's servants and agents, shall produce any books, accounts, and records of any securities held by the dealer relating to the dealer's business; and (b) an auditor appointed by a dealer shall produce any books, accounts, and records held by him relating to the business of the dealer. (2) A dealer and, where the dealer is a corporation or carries on business in partnership, the directors of the corporation or the other members of the partnership, as the case may be, and the dealer's servants and agents and any auditor appointed by the dealer shall answer all questions relevant to an examination and audit which are put to him by an auditor appointed under this Part or a person who produces a written authority in that behalf given under section 93(c). (3) Any person mentioned in subsection (1) who, without reasonable excuse, fails to comply with any request made to him under that subsection, or any person mentioned in subsection (2) who, without reasonable excuse, refuses or fails to answer any question put to him under that subsection, shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 2 years. 96. Offence to destroy, conceal, or alter records or send records or other property outside Hong Kong (1) Any person who, with intent to prevent, delay, or obstruct the carrying out of any examination and audit under this Part- (a) destroys, conceals or alters any book, account, record or document relating to the business of a dealer; or (b) sends or attempts to send, or conspires with any other person to send, out of Hong Kong any such book, account, record, or document, or any property of any description belonging to or in the disposition of or under the control of a dealer, shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years. (2) If, in a prosecution for an offence under subsection (1), it is proved that the person charged- (a) destroyed, concealed, or altered any book, account, record, or document mentioned in that subsection; or
2026-05-05 12:20:27 · Baseline
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1989 Ed.]

Securities

[CAP. 333

67

95. Books, accounts, and records

to be produced on demand

(1) On request by an auditor appointed under this Part or a person who produces a written authority in that behalf under section 93(c)-

(a) a dealer and, where the dealer is a corporation or carries on business in partnership, the directors of the corporation or the other members of the partnership, and the dealer's servants and agents, shall produce any books, accounts, and records of any securities held by the dealer relating to the dealer's business; and (b) an auditor appointed by a dealer shall produce any books, accounts, and records held by him relating to the business of the dealer.

(2) A dealer and, where the dealer is a corporation or carries on business in partnership, the directors of the corporation or the other members of the partnership, as the case may be, and the dealer's servants and agents and any auditor appointed by the dealer shall answer all questions relevant to an examination and audit which are put to him by an auditor appointed under this Part or a person who produces a written authority in that behalf given under section 93(c).

(3) Any person mentioned in subsection (1) who, without reasonable excuse, fails to comply with any request made to him under that subsection, or any person mentioned in subsection (2) who, without reasonable excuse, refuses or fails to answer any question put to him under that subsection, shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 2 years.

96. Offence to destroy, conceal, or alter records or send

records or other property outside Hong Kong

(1) Any person who, with intent to prevent, delay, or obstruct the carrying out of any examination and audit under this Part-

(a) destroys, conceals or alters any book, account, record or

document relating to the business of a dealer; or

(b) sends or attempts to send, or conspires with any other person to send, out of Hong Kong any such book, account, record, or document, or any property of any description belonging to or in the disposition of or under the control of a dealer,

shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years.

(2) If, in a prosecution for an offence under subsection (1), it is proved that the person charged-

(a) destroyed, concealed, or altered any book, account, record, or

document mentioned in that subsection; or

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