Cap 588 s 43 Powers to require production of records and documents and provision of information and explanation (FINANCIAL REPORTING COUNCIL ORDINANCE)

Contents of Section

Chapter:	588	Title:	FINANCIAL REPORTING COUNCIL ORDINANCE	Gazette Number:	L.N. 104 of 2007
Section:	43	Heading:	Powers to require production of records and documents and provision of information and explanation	Version Date:	16/07/2007

Division 2—Powers for the purpose of enquiry

(1) The enquirer may, in writing, require—

(a) where the listed entity is a listed corporation, the listed corporation;

(b) where the listed entity is a listed collective investment scheme, a person who is, or was at the material time, a responsible person of the listed collective investment scheme;

(d) a person who is, or was at the material time, an auditor of the corporation, scheme or undertaking; or

(e) a person who is, or was at the material time, an officer or employee of the corporation, responsible person or undertaking,

to produce or give, within the time and at the place specified in the requirement, any record or document, or any information or explanation, specified in the requirement if the enquirer has reasonable cause to believe, and certifies in writing that it has reasonable cause to believe, that the record or document, or the information or explanation, is relevant to the relevant non-compliance or to the question whether or not there is such a non-compliance.
(2) The enquirer shall not impose a requirement on a person under subsection (1) unless, before doing so, the enquirer has consulted—

(a) if the person—

(i) is an authorized institution; or

(ii) to the Council’s knowledge—

(A) is a controller of an authorized institution;

(B) has as its controller an authorized institution; or

the Monetary Authority;

(b) if the person is an insurer authorized under the Insurance Companies Ordinance (Cap 41), the Insurance Authority;

(i) a licensed person within the meaning of section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571); or

(ii) a responsible person of a collective investment scheme authorized under section 104 of that Ordinance,

the Securities and Futures Commission; and

(d) if the person is an approved trustee within the meaning of section 2(1) of the Mandatory Provident Fund Schemes Ordinance (Cap 485), the Mandatory Provident Fund Schemes Authority.

(3) A person is not excused from complying with a requirement imposed on him under subsection (1) only on the ground that to do so might tend to incriminate him.