Cap 588 s 28 Powers to require production of records and documents, and to require attendances and answers, etc. (FINANCIAL REPORTING COUNCIL ORDINANCE)

Contents of Section

Chapter:	588	Title:	FINANCIAL REPORTING COUNCIL ORDINANCE	Gazette Number:	L.N. 104 of 2007
Section:	28	Heading:	Powers to require production of records and documents, and to require attendances and answers, etc.	Version Date:	16/07/2007

(1) The investigator may, in writing, require a person who is, or was at the material time, the auditor or reporting accountant of the listed entity, or a person whom the investigator has reasonable cause to believe to be in possession of records or documents that contain, or are likely to contain, information relevant to the relevant irregularity or to the question whether or not there is such an irregularity, or a person whom the investigator has reasonable cause to believe to be otherwise in possession of such information, to—

(a) produce, within the time and at the place specified in the requirement, any record or document (including any audit working paper) specified in the requirement that—

(i) is or may be relevant to the relevant irregularity or to the question whether or not there is such an irregularity; and

(ii) is in his possession;

(b) attend before the investigator or an authorized officer at the time and place specified in the requirement, and answer any question relating to any matter under investigation that the investigator or officer may raise with him;

(d) give the investigator all other assistance in connection with the investigation that he is reasonably able to give.

(2) If a person produces a record or document pursuant to a requirement imposed on him under subsection (1)(a), the investigator may require the person to give an explanation or further particulars in respect of the record or document.
(3) If a person gives any answer, response, explanation or particulars pursuant to a requirement imposed on him under subsection (1) or (2), the investigator or, where the answer is given to an authorized officer’s question under subsection (1)(b), the officer may, in writing, require the person to verify, within the time specified in the requirement, the answer, response, explanation or particulars by a statutory declaration.
(4) If, for the reason that the information concerned is not within his knowledge or possession, a person does not give any answer, response, explanation or particulars pursuant to a requirement imposed on him under subsection (1) or (2), the investigator or, where the answer is given to an authorized officer’s question under subsection (1)(b), the officer may, in writing, require the person to verify, within the time specified in the requirement, that reason and fact by a statutory declaration.
(5) The investigator or an authorized officer shall not require an authorized institution to disclose any information, or produce any record or document, relating to the affairs of a customer of the institution under this section unless—

(a) the customer is a person whom the investigator or officer has reasonable cause to believe may be able to give information relevant to the investigation; and

(b) the investigator or officer is satisfied, and certifies in writing that it is satisfied, that the disclosure or production is necessary for the purpose of the investigation.

(6) The investigator may, in writing, authorize a person who is a member of the investigator, or who is employed by the Council to assist the investigator, for the purposes of subsection (1)(b).