Cap 588 s 34 Magistrate’s warrants (FINANCIAL REPORTING COUNCIL ORDINANCE)

Contents of Section

Chapter:	588	Title:	FINANCIAL REPORTING COUNCIL ORDINANCE	Gazette Number:	L.N. 104 of 2007
Section:	34	Heading:	Magistrate’s warrants	Version Date:	16/07/2007

(1) If a magistrate is satisfied on information on oath laid by the investigator that there are reasonable grounds to suspect that there is, or is likely to be, on premises specified in the information any record or document that may be required to be produced under Division 2, the magistrate may issue a warrant authorizing a person specified in it, and such other person as may be necessary to assist in the execution of the warrant, to—

(a) enter the premises, if necessary by force, at any time within the period of 7 days beginning on the date of the warrant; and

(b) search for, seize and remove any record or document that the person so specified has reasonable cause to believe may be required to be produced under Division 2.

(2) If an authorized person has reasonable cause to believe that another person on the premises is employed, or engaged to provide a service, in connection with a business that is or has been conducted on the premises, the authorized person may require that other person to produce for examination any record or document that—

(a) is in the possession of that other person; and

(b) the authorized person has reasonable cause to believe may be required to be produced under Division 2.

(3) An authorized person may, in relation to any record or document required to be produced under subsection (2)—

(a) prohibit any person found on the premises from—

(i) removing the record or document from the premises;

(ii) erasing anything from, adding anything to or otherwise altering anything in, the record or document; or

(iii) otherwise interfering in any manner with, or causing or permitting any other person to interfere with, the record or document; or

(b) take any other step that appears to the authorized person to be necessary for—

(i) preserving the record or document; or

(ii) preventing interference with the record or document.

(4) Any record or document removed under this section may be retained for—

(a) a period not exceeding 6 months beginning on the day of its removal; or

(b) if the record or document is or may be required for—

(i) any criminal proceedings;

(ii) any proceedings before the Market Misconduct Tribunal; or

(iii) any proceedings under this Ordinance or Part V of the Professional Accountants Ordinance (Cap 50),

such longer period as may be necessary for the purpose of those proceedings.

(5) If an authorized person removes any record or document under this section, he—

(a) shall as soon as practicable after the removal give a receipt for the record or document; and

(b) may permit any person who would be entitled to inspect the record or document but for the removal—

(i) to inspect it; and

(ii) to make copies or otherwise record details of it at all reasonable times.

(6) Section 102 of the Criminal Procedure Ordinance (Cap 221) applies to any property that has by virtue of this section come into the possession of the investigator, as it applies to property that has come into the possession of the police.
(7) A person commits an offence if he—

(a) without reasonable excuse, fails to comply with a requirement or prohibition under subsection (2) or (3); or

(b) obstructs an authorized person exercising a power conferred by subsection (2) or (3).

(8) A person who commits an offence under subsection (7) is liable—

(a) on conviction on indictment to a fine of $1000000 and to imprisonment for 2 years; or

(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.

(9) In this section, “authorized person” (獲授權人) means a person authorized by a warrant issued under subsection (1) to carry out the act set out in paragraphs (a) and (b) of that subsection.