Cap. 10:31
PlJBUC ENTITIE<; CoRPORATE GovERN'ANCE
No. 4/2018
suspecting that such person has corrunitted an offence against this Act or any other
law, the magistrate may by warrant authorise such special investigator and any other
officers designated by the special investigator to exercise the follmving powers(a)
without previous notice, at any reasonable time during the day enter
any premises whatsoever and on such premises search for any moneys,
valuables, deeds, plans, instruments, books, records, accounts, trade lists,
stock lists or documents;
(b)
in carrying out any such search, open or cause to be removed and opened
any article in which he or she suspects any moneys, valuables, deeds,
plans, instruments, books, records, accounts, trade lists, stock lists or
documents to be contained;
(c)
seize any such deeds, plans, instruments, books, records, accounts, trade
lists, stock lists or documents as in his opinion may afford evidence which
may be material to the special investigation;
(d)
retain any such deeds, plans, instruments, books, records, accounts, trade
lists, stock lists or documents for as long as they may be reasonably
required for the special investigation or for any criminal or other
proceedings.
(8) Any special investigator engaged in carrying out the provisions of section
40 and tlris section may, if he or she has reasonable grounds for believing that it is
necessary to do so for the purpose of the special investigation(a)
at any reasonable time during the day enter any business premises; or
(b)
require any person to produce for its inspection any book, record,
statement, account, trade list, stock list or other document; or
(c)
require any person to prepare and additionally, or alternatively, to produce
for inspection a print -out or other reproduction of any infom1ation stored
in a computer or other information rehieval system; or
(d)
take possession of any document or other thing referred to in paragraph (b)
or (c) for so long as may be necessary for the purpose of any examination,
investigdtion, trial or inquiry; or
(e)
require any person reasonably suspected of having comnrittcd an offence
against this Act or any other law or any person who may be able to supply
information in connection with a suspected offence against this Act or
any other law to give his or her name and address.
(9) Any special investigator authorised in accordance with(a)
subsection (7), when exercising any power under that subsection, shall
on demand produce the wanant issued to him or her thereunder; or
(b)
subsection (8), when exercising any power under that subsection, shall
on demand pn:xiuce proof that he or she is a special investigator.
(10) Any person whose deeds, plans, instruments, books, records, accounts,
trade lists, stock lists or documents have been retained in terms of subsection (2) or
which have been seized or taken in tenns of subsection (7) or (8) shall be entitled to
examine and make extracts ti-om them during office hours or such fmther hours as the
special investigator may in his or her discretion allow and under such supervision as
the special investigator may determine.
( 11) A special investigator is hereby empowered to administer oaths to persons
examined in tern1s of this section. Any person who, after having been duly swom,
wilfully makes a false statement to the special investigator on any matter relevant
to the inquiry, knowing such statement to be false or not knowing or believing it to
be tme, shall be guilty of an offence and liable to a fine not exceeding level seven or
to imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
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