### Securities and Futures Ordinance 《證券及期貨條例》

360. Delegation of powers by inspectors
(1) An inspector may, by instrument in writing, delegate to any person the powers conferred by section 359 to require the production of any records and to put questions to officers and agents otherwise than on oath, or either of those powers.
(2) Where 2 or more inspectors are appointed in respect of the same investigation, the power conferred by this section may be exercised by any of them.

361. Obstruction of inspectors
(1) When an inspector is appointed under section 356 or 357, this section applies in relation to—
(a) any officer or agent of the listed corporation concerned;
(b) any officer or agent of any other corporation, if—
(i) the ownership of shares in or debentures of the other corporation;
(ii) persons who have or had an interest or short position in the shares in, or an interest in the debentures of, the other corporation; or
(iii) where the shares in the other corporation are the underlying shares of any equity derivatives, persons who have or had an interest in those equity derivatives,

are investigated under section 358; and
(c) any such person referred to in section 359(2).
(2) If that officer, agent or person (as the case may be) refuses to comply with an inspector’s requirement to—
(a) produce to the inspector any records which it is his duty under section 359 to produce;
(b) attend before the inspector; or
(c) answer any question put to him by an inspector with respect to the shares in or debentures of the listed corporation or the other corporation, or the equity derivatives the underlying shares of which are the shares in the listed corporation or the other corporation,

the inspector may, by originating summons or originating motion, make an application to the Court of First Instance in respect of the refusal.
(3) The Court of First Instance may then inquire into the case and—
(a) if the Court is satisfied that there is no reasonable excuse for the officer, agent or person (as the case may be) not to comply with the requirement under subsection (2), order the officer, agent or person (as the case may be) to comply with the requirement within the period specified by the Court; and
(b) if the Court is satisfied that the refusal was without reasonable excuse, punish the officer, agent or person (as the case may be), and any other person knowingly involved in the refusal, in the same manner as if he and, where applicable, that other person had been guilty of contempt of court.
(4) In this section, a reference to an inspector includes a reference to any person to whom the powers of an inspector are delegated under section 360.

### Securities and Futures Ordinance 《證券及期貨條例》

362. Inspector’s reports
(1) An inspector may, and if so directed by the Financial Secretary shall, make interim reports to the Financial Secretary, and on the conclusion of an investigation shall make a final report to the Financial Secretary.
(2) Any such report shall be made within such time and in such manner as the Financial Secretary may direct.
(3) The Financial Secretary may, if he considers appropriate—
(a) forward a copy of any report made by an inspector to the registered office or principal place of business in Hong Kong of the listed corporation or the other corporation (as the case may be) which is the subject of the report;
(b) on request and on payment of such fee as is prescribed by regulations for the purposes of this section, furnish a copy of any such report to—
(i) any member of the listed corporation or the other corporation (as the case may be) which is the subject of the report;
(ii) any person whose conduct is referred to in the report;
(iii) the auditors of the listed corporation or the other corporation (as the case may be);
(iv) the applicants for the investigation; or
(v) any other person whose financial interests appear to the Financial Secretary to be affected by the matters dealt with in the report, whether as a creditor of the listed corporation or the other corporation (as the case may be) or otherwise; and
(c) cause any such report to be published.

### Securities and Futures Ordinance 《證券及期貨條例》

366. Power of Court of First Instance to impose restrictions on voting shares, etc. in case of failure to provide information required by listed corporation
(Amended 19 of 2015 s. 2)(1) Where—
(a) a notification is given by a listed corporation under section 329 to a person who is or was interested in voting shares in the corporation that are registered on the Hong Kong register; and
(b) that person fails to give the corporation any information required by the notification within the time specified in it,
the listed corporation may apply to the Court of First Instance for an order directing that the voting shares in question be subject to the restrictions under this Division. (Amended 28 of 2012 ss. 912 & 920 and L.N. 162 of 2013; 19 of 2015 s. 2)
(2) Where—
(a) a notification is given by a listed corporation under section 329 to a person who is or was interested in equity derivatives; and
(b) that person fails to give the corporation any information required by the notification within the time specified in it,
the listed corporation may apply to the Court of First Instance for an order directing that the equity derivatives in question be subject to the restrictions under this Division.
(3) An order under subsection (1) or (2) (as the case may be) may be made notwithstanding any power contained in the applicant corporation’s constitution enabling the listed corporation itself to impose similar restrictions on the voting shares or equity derivatives in question. (Amended 28 of 2012 ss. 912 & 920; 19 of 2015 s. 2)

### Securities and Futures Ordinance 《證券及期貨條例》

367. Power of Financial Secretary to impose restrictions on shares, etc. in case of conviction of offences for non-compliance of notification requirements
(1) Where a person is convicted of an offence under section 328 or 351, the Financial Secretary may by order direct that—
(a) the shares in relation to which the offence was committed that are registered on the Hong Kong register; or
(b) if the shares in relation to which the offence was committed are unissued shares, those unissued shares which on issue are to be registered on the Hong Kong register,

shall, until further order, be subject to the restrictions under this Division.
(2) Without prejudice to subsection (1), where a person is convicted of an offence under section 328 or 351 and the shares in relation to which the offence was committed are the underlying shares of any equity derivatives, the Financial Secretary may by order direct that the equity derivatives shall, until further order, be subject to the restrictions under this Division.
(3) An order under subsection (1) or (2) (as the case may be) may be made notwithstanding any power contained in a corporation’s constitution enabling the corporation itself to impose similar restrictions on the shares or equity derivatives in question. (Amended 28 of 2012 ss. 912 & 920)

368. Power of Financial Secretary to impose restrictions on shares, etc. in connection with investigation
(1) If, in connection with an investigation under section 356, 357 or 358, it appears to the Financial Secretary that there is difficulty in finding out the relevant facts about any shares (whether issued or unissued), he may by order direct that—
(a) the shares registered on the Hong Kong register; or
(b) the unissued shares which on issue are to be registered on the Hong Kong register,

shall, until further order, be subject to the restrictions under this Division.
(2) If, in connection with an investigation under section 356, 357 or 358, it appears to the Financial Secretary that there is difficulty in finding out the relevant facts about any equity derivatives, he may by order direct that the equity derivatives shall, until further order, be subject to the restrictions under this Division.