Singapore legislation

Clause 165

of Securities and Futures Bill

Clause 165

Powers where books are produced or seized

(1)

This section shall apply where —

(a)

books are produced to the Authority under a requirement made under section 163;

(b)

under a warrant issued under section 164, the Authority or a person named therein —

(i)

takes possession of books; or

(ii)

secures books against interference; or

(c)

by virtue of a previous application of subsection (6), books are delivered into the possession of the Authority or a person authorised by it.

(2)

If subsection (1)(a) applies, the Authority may take possession of any of the books.

(3)

The Authority or, where applicable, a person referred to in subsection (1)(b) may —

(a)

inspect, and may make copies of, or take extracts from, any of the books;

(b)

use, or permit the use of, any of the books for the purposes of any proceedings; and

(c)

retain possession of any of the books for so long as is necessary —

(i)

for the purposes of exercising a power conferred by this section (other than subsection (5));

(ii)

for a decision to be made about whether or not any proceedings to which the books concerned would be relevant should be instituted; or

(iii)

for such proceedings to be instituted and carried on.

(4)

No one is entitled, as against the Authority or, where applicable, a person referred to in subsection (1)(b) to claim a lien on any of the books, but such a lien is not otherwise prejudiced.

(5)

While the books are in the possession of the Authority or, where applicable, the person referred to in subsection (1)(b), the Authority or person —

(a)

shall permit another person to inspect at all reasonable times such of the books (if any) as the other person would be entitled to inspect if they were not in possession of the Authority or first-mentioned person; and

(b)

may permit another person to inspect any of the books.

(6)

Unless subsection (1)(b)(ii) applies, a person referred to in subsection (1)(b) may deliver any of the books into the possession of the Authority or of a person authorised by the Authority to receive them.

(7)

Where subsection (1)(a) or (b) applies, the Authority, a person referred to in subsection (1)(b) or a person into whose possession the books are delivered under subsection (6), may require —

(a)

if subsection (1)(a) applies, a person who so produced any of the books; or

(b)

in any other case, a person who was a party to the compilation of any of the books,to explain to the best of his knowledge and belief any matter about the compilation of any of the books or to which any of the books relate.

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