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Companies Act · s 135K

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s 135KEntry and search of premises

(1)

The Court may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Minister or by a person appointed or authorised to exercise powers under sections 135B and 135C, that there are reasonable grounds for believing that there are, on any premises, documents whose production has been required and which have not been produced in compliance with that requirement.

(2)

The Court may also issue a warrant under this section if satisfied on information on oath given by or on behalf of the Minister or by a person appointed or authorised to exercise powers under sections 135B and 135C that -

(a)

there are reasonable grounds for believing that an offence has been committed and that there are, on any premises, documents relating to whether the offence has been committed;

(6)

the Minister or the person so appointed or authorised, has power to require the production of the documents under section 135D; and

(c)

there are reasonable grounds for believing that, if production was so required, the documents would not be produced but would be removed from the premises, hidden, tampered with or destroyed.

(3)

A warrant under the section shall authorise a police officer -

(a)

to enter the premises specified in the information, using such force as is reasonably necessary for the purpose;

Companies

CAP. 39 145

(73)

to search the premises and take possession of any documents appearing to be such documents as are mentioned in subsections ( I ) and (Z), or take, in relation to any such documents, any other steps which may appear to be necessary for preserving them or preventing interference with them;

(c)

to take copies of any such documents; and

(d)

to require any person named in the warrant to provide an explanation of them or to state where they may be found.

(4)

If in the case where a warrant is issued under subsection (Z), the Court is satisfied on information on oath that there are reasonable grounds for believing that there are also, on the premises, other documents relevant to the investigation, the warrant shall also authorise actions mentioned in subsection (3) to be taken in relation to such documents.

(5)

Any person who intentionally obstructs the exercise of any rights conferred by a warrant issued under this section or fails without reasonable excuse to comply with any requirement imposed in accordance with subsection (3)(4 is guilty of contempt of court.