Page:Clearing and Settlement Systems Ordinance (Cap. 584).pdf/36

CLEARING AND SETTLEMENT SYSTEMS ORDINANCE

(6) Any person who contravenes subsection (1) or (3) commits an offence and is liable on conviction upon indictment to a fine of $400,000 and to imprisonment for 2 years.

47. False entry in document

(1) A person commits an offence if, wilfully and with intent to deceive, he does any act mentioned in subsection (2) and that act results in any information contained in the book of record or relevant document in question being incorrect or misleading in a material respect.

(2) A person does an act referred to in subsection (1) if he— (a) makes, or causes to be made, an entry that he knows or ought reasonably to know to be false in any book of record or in any relevant document relating to a designated system; (b) omits to make an entry in any book of record or in any relevant document relating to a designated system; or (c) alters, abstracts, conceals or destroys an entry in any book of record or in any relevant document relating to a designated system, or causes any such entry to be altered, abstracted, concealed or destroyed.

(3) A person who commits an offence under subsection (1) is liable on conviction upon indictment to a fine of $1,000,000 and to imprisonment for 5 years.

(4) In this section, “relevant document relating to a designated system” (關乎指定系統的有關文件) means any report, slip, document or statement of the business, affairs, transactions, condition, assets or accounts of a designated system.

48. Liability of company officers

Where an offence under section 41(1), (3), (4), (5) or (6), 42(1) or (2), 44(4) or 45 of this Ordinance is committed by a corporation and—
 * (a) in committing the offence the corporation is aided, abetted, counselled, procured or induced by an officer of the corporation or a person purporting to act as such; or
 * (b) the offence is committed with the consent or connivance of, or is attributable to any recklessness on the part of, an officer of the corporation or a person purporting to act as such,

then that officer of the corporation or person purporting to act as such (as well as the corporation) commits the offence and is liable to be proceeded against and punished accordingly.