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Cap. 370 · Investment Services Act (Cap. 370)

Cap. 370 Art. 16Right of entry.

In forceOfficial text

(1) Any officer, employee or agent of the competent authority, on producing, if required, evidence of his authority, may enter premises occupied by a person on whom a notice has been served under article 13 or whose affairs are being investigated under article 14, for the purpose of obtaining and, or verifying there the information or documents required by that notice, or otherwise for the purpose of the investigation, and of exercising any of the powers conferred by the said articles.

(2) Where any officer, employee or agent of the competent authority has reasonable cause to believe that if such notice as is referred to in sub-article (1) were served it would not be complied with or that any documents to which it could relate would be removed, tampered with or destroyed, such person may, on producing, if required, evidence of his authority, enter any premises referred to in sub-article (1) for the purpose of obtaining there any information or documents specified in the authority, being information or documents that could have been required under such notice as is referred to in sub-article (1).

(2A) Without prejudice to sub-articles (1) and (2), any officer, employee or agent of the competent authority, on producing, if required, evidence of his authority, may enter premises occupied by a person on whom a notice has been served under article 13 and by any other person included in the supervision of compliance with the group capital test, where the competent authority is the group supervisor, in order to conduct an inspection:

Provided that the exercise of the right of entry under this sub-article in relation to any person included in the supervision of compliance with the group capital test where the competent authority is the group supervisor, shall be subject to the prior notification of other competent authorities concerned.

(3) For the purposes of any action taken under the provisions of this article, the competent authority may request the assistance of the Commissioner of Police, who may for such purpose exercise such powers as are vested in him for the prevention of offences and the enforcement of law and order.

Amendment history
  • Amended by LXXII.2021.17