On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 18/04/2013.
105J.
—(1) Where —
(a)
the Comptroller requires any information —
(i)
for the administration of this Act, other than for an investigation or a prosecution of an offence alleged or suspected to have been committed under this Act; or
(ii)
in order to comply with a request made under section 105D; and
(b)
the Comptroller is of the opinion that the information is protected from unauthorised disclosure under —
(i)
section 47 of the Banking Act (Cap. 19) including any regulations made under subsection (10) of that section; or
(ii)
section 49 of the Trust Companies Act (Cap. 336),
then the Comptroller or an authorised officer may apply to the High Court for an order under subsection (2).
[24/2009 wef 09/02/2010]
(2) If, on such an application, the High Court is satisfied that the conditions referred to in subsection (3) are fulfilled, it may make an order that the person who appears to it to have possession or control of the information to which the application relates shall —
(a)
make a copy of any document containing the information and provide the copy to an authorised officer for him to take away; or
(b)
give an authorised officer access to the information,
within 21 days from the date of the order or such other period as the Court considers appropriate.
[24/2009 wef 09/02/2010]
(3) The conditions referred to in subsection (2) are as follows:
(a)
the making of the order is justified in the circumstances of the case; and
(b)
it is not contrary to the public interest for a copy of the document to be produced or that access to the information be given.
[24/2009 wef 09/02/2010]
(4) Both or either of the following persons may, within 7 days from the date the order is served on the person against whom it is made, apply to the High Court to have the order discharged or varied:
(a)
the person against whom the order is made;
(b)
the person in relation to whom information is sought,
and the Court, on hearing such an application, may discharge the order or make such variation to it as it thinks fit.
[24/2009 wef 09/02/2010]
(5) The person referred to in subsection (4)(b) shall be entitled to make such an application even if an order under subsection (7) has been made to the effect that an order under subsection (2) shall not be disclosed to him, if (despite the first-mentioned order) he becomes aware of the second-mentioned order.
[24/2009 wef 09/02/2010]
(6) Proceedings under this section other than subsection (4) may, at the discretion of the High Court, be conducted in the presence or absence of —
(a)
the person alleged to have possession or control of that information or against whom the order under subsection (2) is made, as the case may be; or
(b)
the person in relation to whom information is sought.
[24/2009 wef 09/02/2010]
(7) The High Court may, in any proceedings under this section, on the application of the Comptroller, make such further order as it may consider necessary to ensure the confidentiality of anything relating to any order made in those proceedings.
[24/2009 wef 09/02/2010]
(8) All proceedings under this section shall be heard in camera.
[24/2009 wef 09/02/2010]
(9) No person may inspect or take a copy of any document relating to any proceedings under this section without the leave of the High Court.
[24/2009 wef 09/02/2010]
(10) No information relating to any proceedings under this section may be published without the leave of the High Court; and leave shall not be given unless the Court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter that the Comptroller or any person referred to in subsection (6) reasonably wishes to remain confidential.
[24/2009 wef 09/02/2010]
(11) Rules of Court may provide for the procedure relating to —
(a)
any proceedings under this section; and
(b)
appeals from such proceedings.
[24/2009 wef 09/02/2010]