Page:Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (Cap. 615).pdf/26

Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance Part 3 Section 12 require the person to verify, within the time specified in the requirement, the answer, response, explanation or particulars by statutory declaration.

(5) If a person does not give any answer, response, explanation or particulars in accordance with a requirement imposed under subsection (2) or (3) for the reason that the information concerned is not within the person’s knowledge or in the person’s possession, the investigator may in writing require the person to verify, within the time specified in the requirement, that fact and reason by statutory declaration.

(6) A statutory declaration under subsection (4) or (5) may be taken by the investigator.

(7) Neither this section nor section 11 is to be construed as requiring a financial institution to disclose any information or produce any record or document relating to the affairs of any of its customers to an investigator who is directed or appointed to investigate a matter by a relevant authority (referred to in this section as other regulatory authority) other than the relevant authority in relation to the financial institution, unless—
 * (a) the customer is a person whom the investigator has reasonable cause to believe may be able to give information relevant to the investigation; and
 * (b) the other regulatory authority is satisfied, and certifies in writing that it is satisfied, that the disclosure or production is necessary for the purposes of the investigation.

(8) An investigator—
 * (a) may make interim reports on the investigation to the relevant authority; and