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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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Inspector’s<br />

powers.<br />

Hearing in<br />

camera.<br />

26/2005<br />

Incriminating<br />

evidence.<br />

143<br />

(h) require the inspector to make an interim or final report to the<br />

<strong>Co</strong>urt;<br />

(i) determine whether a report of the inspector should be<br />

published, and, if so, order the Registrar to publish the report<br />

in whole or in part, or to send copies to any person the <strong>Co</strong>urt<br />

designates;<br />

(j) require an inspector to discontinue an investigation; or<br />

(k) require the company to pay the costs of the investigation in<br />

part or in full.<br />

(3) The inspector shall file a copy of every report he makes under this<br />

section.<br />

(4) A report received by the Registrar under subsection (3) shall not be<br />

disclosed to any person other than in accordance with an order of the<br />

<strong>Co</strong>urt made under subsection (2)(i).<br />

225. An inspector<br />

(a) has the powers set out in the order appointing him; and<br />

(b) shall upon request produce to an interested person a copy of the<br />

order.<br />

226. (1) An application under this Part and any subsequent proceedings,<br />

including applications for directions in respect of any matter arising in the<br />

investigation, shall be heard in camera unless the <strong>Co</strong>urt orders otherwise.<br />

(2) A person whose conduct is being investigated or who is being<br />

examined at a hearing conducted by an Inspector under this Part may<br />

appear or be heard at the hearing and has a right to be represented by<br />

a legal practitioner appointed by him for the purpose.<br />

(3) No person shall publish anything relating to any proceedings under this<br />

Part except with the authorisation of the <strong>Co</strong>urt.<br />

227. No person is excused from attending and giving evidence and producing<br />

documents and records to an inspector appointed by the <strong>Co</strong>urt under this<br />

Part by reason only that the evidence tends to incriminate that person or<br />

subject him to any proceeding or penalty, but the evidence may not be used<br />

or received against him in any proceeding thereafter instituted against him,<br />

other than a prosecution for perjury in giving the evidence.<br />

AE/ET/Pub./bg/03.2007

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