Contents of Section
|
Chapter: | 588
 | Title: | FINANCIAL REPORTING COUNCIL ORDINANCE | Gazette Number: | L.N. 104 of 2007 |
| Section: | 31 | Heading: | Offences relating to requirements under Division 2 | Version Date: | 16/07/2007 |
(1) A person commits an offence if he, without reasonable excuse, fails to comply with a requirement imposed on him under section 25, 26, 27 or 28.
(2) A person commits an offence if he, with intent to defraud, fails to comply with a requirement imposed on him under section 25, 26, 27 or 28.
(3) A person commits an offence if, beingˇX
- (a) an officer or employee of a listed corporation;
(b) an officer or employee of a responsible person of a listed collective investment scheme; or
(c) an officer or employee of a relevant undertaking of a listed entity,
(4) A person commits an offence if heˇX
- (a) in purported compliance with a requirement imposed on him under section 25, 26 or 27, produces any record or document, or gives an explanation, or makes a statement, that is false or misleading in a material particular; and
(b) knows that, or is reckless as to whether or not, the record or document, or the explanation or statement, is false or misleading in a material particular.
- (a) in purported compliance with a requirement imposed on him under section 28, produces any record or document, or gives an answer or response, or gives any explanation or particulars, that is false or misleading in a material particular; and
(b) knows that, or is reckless as to whether or not, the record or document, or the answer or response, or the explanation or particulars, is false or misleading in a material particular.
- (a) in purported compliance with a requirement imposed on him under section 25, 26 or 27, produces any record or document, or gives an explanation, or makes a statement, that is false or misleading in a material particular; or
(b) in purported compliance with a requirement imposed on him under section 28, produces any record or document, or gives an answer or response, or gives any explanation or particulars, that is false or misleading in a material particular.
- (a) an officer or employee of a listed corporation;
(b) an officer or employee of a responsible person of a listed collective investment scheme; or
(c) an officer or employee of a relevant undertaking of a listed entity,
(8) A person commits an offence if, beingˇX
- (a) an officer or employee of a listed corporation;
(b) an officer or employee of a responsible person of a listed collective investment scheme; or
(c) an officer or employee of a relevant undertaking of a listed entity,
(9) A person is not excused from complying with a requirement imposed on him under section 25, 26, 27 or 28 only on the ground that to do so might tend to incriminate him.
(10) Despite anything in this Ordinance, no criminal proceedings may be instituted against a person under subsection (1), (2), (3), (4), (5), (6), (7) or (8) in respect of a conduct ifˇX
- (a) proceedings have previously been instituted against the person for the purposes of section 32(2)(b) in respect of the same conduct; and
(b) those proceedings remain pending, or by reason of the previous institution of those proceedings, no proceedings may again be lawfully instituted against that person for the purposes of section 32(2)(b) in respect of the same conduct.
- (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) 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.
- (a) on conviction on indictment to a fine of $1000000 and to imprisonment for 7 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.