84
CAP. 333]
Securities
[1989 Ed.
131. Privileged communications
(1) An inspector shall not require disclosure by a solicitor or counsel of any privileged communication, whether oral or written, made to or by him in that capacity, except as regards the name and address of his client.
(2) Nothing in sections 127 to 130 shall be construed as affecting section 4 of the Inland Revenue Ordinance (Cap. 112).
132. Cost of investigation
(1) Subject to this section, the expenses of and incidental to an investigation by an inspector (including the expenses incurred and payable by the Commission in any proceedings brought by it in the name of a prescribed person) shall be paid out of money provided by the Legislative Council.
(2) An application referred to in subsection (3) may be made to a court by or on behalf of
(a) the Commission or the Attorney General in the course of proceedings in that court instituted in the name of a prescribed person under section 130(8); or
(b) the Attorney General on, or within 14 days after, a conviction by the court in proceedings certified by the Attorney General, for the purposes of the application, to have been instituted as a result of an investigation by an inspector;
and the court may make such order with respect to the application and its subject matter as it thinks fit.
(3) The application that may be made under subsection (2) is an application for one or more of the following orders-
(a) that a specified person pay the whole, or a specified part of, the expenses of and incidental to, the investigation that led to the proceedings;
(b) where expenses have been paid under subsection (1), that a specified person reimburse the Commission to the extent of the payment;
(c) that a specified person reimburse the Commission in respect of the remuneration of any person employed by the Commission in connection with the investigation.
(4) If no proceedings under section 130(6) are commenced against a prescribed person, or, where the prescribed person is a corporation, against any director of the corporation, within 6 months after the completion of an investigation by an inspector, the prescribed person may apply to a court for an order for the payment of costs incurred by him in connection with the investigation; and the court may, if it finds that the investigation was not warranted, order the Commission to pay to the prescribed person such sum, not exceeding the amount of costs actually incurred by the prescribed person in respect of the investigation, as it thinks just.
Page 85
Page 86
84
CAP. 333]
Securities
[1989 Ed.
131. Privileged communications
(1) An inspector shall not require disclosure by a solicitor or counsel of any privileged communication, whether oral or written, made to or by him in that capacity, except as regards the name and address of his client.
(2) Nothing in sections 127 to 130 shall be construed as affecting section 4 of the Inland Revenue Ordinance (Cap. 112).
132. Cost of investigation
(1) Subject to this section, the expenses of and incidental to an investigation by an inspector (including the expenses incurred and payable by the Commission in any proceedings brought by it in the name of a prescribed person) shall be paid out of money provided by the Legislative Council.
(2) An application referred to in subsection (3) may be made to a court by or on behalf of
(a) the Commission or the Attorney General in the course of proceedings in that court instituted in the name of a prescribed person under section 130(8); or
(b) the Attorney General on, or within 14 days after, a conviction by the court in proceedings certified by the Attorney General, for the purposes of the application, to have been instituted as a result of an investigation by an inspector;
and the court may make such order with respect to the application and its subject matter as it thinks fit.
(3) The application that may be made under subsection (2) is an application for one or more of the following orders-
(a) that a specified person pay the whole, or a specified part of, the expenses of and incidental to, the investigation that led to the proceedings;
(b) where expenses have been paid under subsection (1), that a specified person reimburse the Commission to the extent of the payment;
(c) that a specified person reimburse the Commission in respect of the remuneration of any person employed by the Commission in connection with the investigation.
(4) If no proceedings under section 130(6) are commenced against a prescribed person, or, where the prescribed person is a corporation, against any director of the corporation, within 6 months after the completion of an investigation by an inspector, the prescribed person may apply to a court for an order for the payment of costs incurred by him in connection with the investigation; and the court may, if it finds that the investigation was not warranted, order the Commission to pay to the prescribed person such sum, not exceeding the amount of costs actually incurred by the prescribed person in respect of the investigation, as it thinks just.
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