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Production orders

Cap. 104, s. 23 · Revised Edition 2020

(1) Where a person is being investigated for an offence, or has been charged with or convicted of an offence, or where the Financial Intelligence Unit or a law enforcement authority is endeavouring to trace terrorist property or funds or other property related to an offence, and a police officer or an authorised officer of the Financial Intelligence Unit has reasonable grounds for suspecting that any person has possession or control of– (a) a document relevant to identifying, locating or quantifying property of the person or to identifying or locating a document necessary for the transfer of property of such person; (b) a document relevant to identifying, locating or quantifying tainted property in relation to the offence or to identifying or locating a document necessary for the transfer of tainted property in relation to the offence; 84[CAP. 104 Money Laundering and Terrorism (Prevention) (c) a document relevant to identifying, locating or quantifying recoverable property or to identify or locating a document related to the transfer of terrorist property; or (d) a document related to terrorist property, the police officer or an authorised officer of the Financial Intelligence Unit may apply ex parte and in writing to a Judge of the Supreme Court in chambers for an order against the person suspected of having possession or control of a document of the kind referred. The application shall be supported by an affidavit. (2) The Judge may, if he considers there are reasonable grounds for so doing, make an order that the person produce to a police officer or an authorised officer of the Financial Intelligence Unit, at a time and place specified in the order, any documents of the kind referred to in sub-section (1). (3) A police officer or an authorised officer of the Financial Intelligence Unit to whom documents are produced may– (a) inspect the documents; (b) make copies of the documents; or (c) retain the documents for so long as is reasonably necessary for the purposes of this Act. (4) Where a police officer or an authorised officer of the Financial Intelligence Unit retains documents produced to him, he shall make a copy of the documents available to the person who produced them. (5) Notwithstanding any other rule of law or practice to the contrary, a person is not entitled to refuse to produce documents ordered to be produced under this section on the ground that– (a) the document might tend to incriminate the person or make him liable to a penalty; or (b) the production of the document would be in breach of an obligation of the person not to disclose the existence or contents of the
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