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Chapter: | 571
 | Title: | Securities and Futures Ordinance | Gazette Number: | E.R. 2 of 2012 |
| Section: | 181 | Heading: | Information relating to transactions | Version Date: | 02/08/2012 |
(1) An authorized person may, for the purpose of enabling or assisting the Commission to perform a function under any of the relevant provisions, require-
- (a) a person registered as the holder of securities in a register of members kept under the Companies Ordinance (Cap 32);
(b) a person whom the authorized person has reasonable cause to believe holds any securities, futures contract, leveraged foreign exchange contract, or an interest in any securities, futures contract, leveraged foreign exchange contract or collective investment scheme;
(c) a person whom the authorized person has reasonable cause to believe has acquired or disposed of any securities, futures contract, leveraged foreign exchange contract, or an interest in any securities, futures contract, leveraged foreign exchange contract or collective investment scheme, whether directly or through a nominee, trustee or agent, and whether as beneficial owner, nominee, trustee, agent or otherwise;
(d) a licensed person or registered institution through whom or which the authorized person has reasonable cause to believe any securities, futures contract, leveraged foreign exchange contract, or an interest in any securities, futures contract, leveraged foreign exchange contract or collective investment scheme has been acquired, disposed of, dealt with, traded or arranged,
(2) The information specified for the purposes of subsection (1) is-
- (a) the particulars (including, in so far as applicable, the name and aliases, address, telephone and facsimile numbers, electronic mail address, occupation and particulars of any document of identity (including, if not an individual, any document evidencing incorporation or registration)) that are reasonably capable of establishing the identity of the person on whose behalf, or by, from, to or through whom, the securities, futures contract, leveraged foreign exchange contract, or the interest in securities, futures contract, leveraged foreign exchange contract or collective investment scheme in question is held, or has been acquired, disposed of, dealt with, traded or arranged (as the case may be);
(b) the particulars (including the quantity) of and, in the case of acquisition or disposal, the consideration (if any) for the securities, futures contract, leveraged foreign exchange contract, or the interest in securities, futures contract, leveraged foreign exchange contract or collective investment scheme; and
(c) the instructions (if any) given to or by the person referred to in paragraph (a), or any officer, employee or agent of such person, in relation to the holding, acquisition, disposal, dealing, trading, arrangement of or in respect of the securities, futures contract, leveraged foreign exchange contract, or the interest in securities, futures contract, leveraged foreign exchange contract or collective investment scheme.
(4) If a person does not furnish any information in accordance with a requirement under this section for the reason that the information was not within his knowledge or in his possession, an authorized person may in writing require the person to verify within a reasonable period specified in the requirement by statutory declaration, which may be taken by the authorized person, that he was unable to comply or fully comply (as the case may be) with the requirement for that reason.
(5) The Commission may authorize in writing any person as an authorized person for the purposes of this section.
(6) The Commission shall furnish an authorized person with a copy of his authorization, and the authorized person, when exercising any power under this section, shall upon request by the person in respect of whom the power is exercised produce a copy of the authorization for inspection.
(7) A person who, without reasonable excuse, fails to comply with a requirement imposed on him by an authorized person under this section commits an offence and is liable-
- (a) on conviction on indictment to a fine of $200000 and to imprisonment for 1 year; or
(b) on summary conviction to a fine at level 5 and to imprisonment for 6 months.
- (a) in purported compliance with a requirement imposed on him by an authorized person under this section, furnishes to the authorized person information which is false or misleading in a material particular; and
(b) knows that, or is reckless as to whether, the information is false or misleading in a material particular,
- (i) on conviction on indictment to a fine of $1000000 and to imprisonment for 2 years; or
(ii) on summary conviction to a fine at level 6 and to imprisonment for 6 months.
- (a) with intent to defraud-
- (i) fails to comply with a requirement imposed on him by an authorized person under this section; or
(ii) in purported compliance with a requirement imposed on him by an authorized person under this section, furnishes to the authorized person information which is false or misleading in a material particular; or
- (i) fail to comply with a requirement imposed on it by an authorized person under this section; or
(ii) in purported compliance with a requirement imposed on it by an authorized person under this section, furnish to the authorized person information which is false or misleading in a material particular,
- (i) on conviction on indictment to a fine of $1000000 and to imprisonment for 7 years; or
(ii) on summary conviction to a fine at level 6 and to imprisonment for 6 months.
authorized person (獲授權人) means a person authorized under subsection (5);
interest (權益) includes an interest of any nature, whether legal, equitable, proprietary or otherwise.