82
CAP. 333]
Securities
[1989 Ed.
(a) order the prescribed person to whom the certificate relates to comply with the requirement of the inspector within such period as is fixed by the Court; or
(b) if the Court is satisfied that that person failed without lawful authority to comply with the requirement of the inspector, punish him in the same manner as if he had been guilty of contempt of court.
128. Notes of examination
(1) An inspector may cause notes of an examination made by him under this Part to be recorded in writing and be read to or by the person examined and may require that person to sign the notes and, subject to this section, notes signed by that person may be used in evidence in any legal proceedings against that person.
(2) A copy of the notes signed by a person shall be furnished without charge to that person upon request made by him in writing.
(3) Notes made under this section that relate to a question the answer to which a person has claimed might tend to incriminate him shall not be used as evidence in criminal proceedings other than proceedings under section 127(6) or in relation to a charge of perjury in respect of the answer.
(4) Nothing in this section affects or limits the admissibility of other written evidence or of oral evidence.
(5) The Commission may give a copy of notes made under this section to a solicitor or counsel who satisfies the Commission that he is acting for a person who is conducting or is, in good faith, contemplating legal proceedings in respect of matters, required to be investigated by the inspector, being affairs investigated by an inspector under this part.
(6) A solicitor or counsel to whom a copy of notes is given under sub-section (5) shall not use the notes except in connection with the institution or preparation of, and in the course of, legal proceedings and shall not disclose for any other purpose the notes or any part of the contents of them to any person.
(7) Any solicitor or counsel who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.
(8) Where a report is made under section 130 any notes recorded under this section relating to that report shall be furnished with the report.
129. Delegation of powers, etc., by inspector
(1) An inspector may by instrument in writing-
(a) delegate all or any of his powers or functions under this Part except this power of delegation, the power to administer an oath, and the power to examine on oath; and
(b) vary or revoke a delegation given by him.
82
CAP. 333]
Securities
[1989 Ed.
(a) order the prescribed person to whom the certificate relates to comply with the requirement of the inspector within such period as is fixed by the Court; or
(b) if the Court is satisfied that that person failed without lawful authority to comply with the requirement of the inspector, punish him in the same manner as if he had been guilty of contempt of court.
128. Notes of examination
(1) An inspector may cause notes of an examination made by him under this Part to be recorded in writing and be read to or by the person examined and may require that person to sign the notes and, subject to this section, notes signed by that person may be used in evidence in any legal proceedings against that person.
(2) A copy of the notes signed by a person shall be furnished without charge to that person upon request made by him in writing.
(3) Notes made under this section that relate to a question the answer to which a person has claimed might tend to incriminate him shall not be used as evidence in criminal proceedings other than proceedings under section 127(6) or in relation to a charge of perjury in respect of the answer.
(4) Nothing in this section affects or limits the admissibility of other written evidence or of oral evidence.
(5) The Commission may give a copy of notes made under this section to a solicitor or counsel who satisfies the Commission that he is acting for a person who is conducting or is, in good faith, contemplating legal proceedings in respect of matters, required to be investigated by the inspector, being affairs investigated by an inspector under this part.
(6) A solicitor or counsel to whom a copy of notes is given under sub- section (5) shall not use the notes except in connection with the institution or preparation of, and in the course of, legal proceedings and shall not disclose for any other purpose the notes or any part of the contents of them to any person.
(7) Any solicitor or counsel who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.
(8) Where a report is made under section 130 any notes recorded under this section relating to that report shall be furnished with the report.
129. Delegation of powers, etc., by inspector
(1) An inspector may by instrument in writing-
(a) delegate all or any of his powers or functions under this Part except this power of delegation, the power to administer an oath, and the power to examine on oath; and
(b) vary or revoke a delegation given by him.
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