1964_SECURITIES_ORDINANCE — Page 86

1989 Ed.]

Securities

[CAP. 333

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(5) A copy of an application made under subsection (4) shall be served on the Commission and the Commission shall be entitled to be heard at the proceedings to determine the application.

133. Concealing, etc., of books relating to securities

(1) A person who-

(a) conceals, destroys, mutilates, or alters a document relating to a matter which is the subject of an investigation by an inspector;

(b) sends, causes to be sent, or conspires with another person to send, out of Hong Kong any such document; or

(c) being a prescribed person to whom notice has been given under section 127(3), leaves Hong Kong,

shall be guilty of an offence and shall be liable on conviction to a fine of $20,000 and to imprisonment for 2 years.

(2) It shall be a defence to a prosecution under subsection (1) to prove that the person charged did not act with intent to defeat the purposes of section 127 or to delay or obstruct the carrying out of an investigation under that section.

134. Commission may make certain orders

(1) Where an investigation is being made under section 127 and it appears to the Commission that facts concerning securities to which the investigation relates cannot be ascertained because a prescribed person referred to in that section has failed or refused to comply with a requirement of an inspector under that section, the Commission may, by order published in the Gazette, make one or more of the following orders-

(a) an order restraining a specified person from disposing of any interest in specified securities;

(b) an order restraining a specified person from acquiring specified securities;

(c) an order restraining the exercise of any voting or other rights attached to specified securities;

(d) an order directing a person who is registered as the holder of securities in respect of which an order under this section is in force to give notice in writing of that order to any person whom he knows to be entitled to exercise a right to vote attached to those shares;

(e) an order directing a company not to make payment, except in the course of a winding up by the Court, of any sum due from the company in respect of specified securities;

(f) an order directing a company not to register the transfer or transmission of specified securities;