Page:Mandatory Provident Fund Schemes Ordinance (Cap. 485).pdf/25

A2184 ::(ii) appear before the inspector at a time and place the inspector may specify in writing or otherwise for an examination of circumstances or other matters relevant to the financial or other affairs of the registered scheme and answer any questions that the inspector may put to him;
 * (d) in the case where the premises are, or the place or part thereof is, being used for the purpose of a private dwelling, apply to a magistrate for a warrant for the purpose of conducting a search of those premises or that place or part thereof which may have some connection with a registered scheme and on or in which the inspector reasonably believes documents or records relating to the financial or other affairs of the registered scheme to be located, and in such a case he may take possession of those documents or records.

(4) If an inspector is satisfied that any person has, without reasonable excuse, failed to comply with any reasonable request in respect of his investigation or any requirement made under this Ordinance in respect of that investigation he may by complaint to the court certify the failure of that person to so comply.

(5) On the receipt of a certificate made under subsection (4), the court may inquire into the case and, after hearing any statement that may be offered by way of an explanation by the person the subject of the complaint, may accept that explanation or alternatively punish that person in like manner as if he had been found guilty of a contempt of court.

(6) A person is not excused from answering a question that may be put to him by an inspector under this section on the ground that the answer may tend to incriminate him but, where such person claims, before answering the question, that the answer may tend to so incriminate him, neither the question put to him by the inspector nor the answer of the person concerned shall be admissible in evidence against that person in criminal proceedings other than in such proceedings in relation to a charge of perjury in respect of the answer.

(7) Any person who fails to produce any document or record required to be produced under subsection (3) with the intention of obstructing, delaying or otherwise frustrating the commencement, progress or completion of an investigation under this section commits an offence and is liable on summary conviction to a fine at level 6 and to imprisonment for 1 year.

(8) On the completion of an investigation by an inspector under this section, the inspector shall prepare a report setting out his findings concerning the circumstances or other matters investigated by him and any other relevant matters arising out of the investigation that the inspector reasonably believes should be included in the report and shall submit that report to the Authority.