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(4) The person in respect of whom an application is made by the Authority under subsection (3) shall be entitled to be heard on the hearing of the application—

(a) where the person is an individual, either in person or through a counsel or solicitor; or

(b) where the person is an organization, either through a counsel or solicitor or through—

(i) in the case of a Hong Kong company or other company or body corporate, any of its directors or other officers;

(ii) in the case of a partnership, any of its partners; and

(iii) in the case of any other organization, any of its officers.

(5) Any information or document to be given or produced to the Authority by a person in compliance with a notice under subsection (1) or an order under subsection (3) shall be so given or produced by reference to the information or document at the time of service of that notice except that the information or document may take account of any processing that was done between the time of service and the time when the information or document is so given or produced if that processing would have been done irrespective of the service of that notice.

(6) For the avoidance of doubt, it is hereby declared that where a person gives or produces any information or document under this section notwithstanding that the information or document is the subject of a confidentiality agreement with another person that prevents the first-mentioned person from releasing the information or document, the first-mentioned person shall not be liable for any civil liability or claim whatever in respect of the giving or production of that information or document, as the case may be, contrary to that agreement.

(7) Nothing in this section shall require a person to give any information, or to produce any document, that the person could not be compelled to give in evidence, or produce, in civil proceedings before the Court of First Instance.

(8) A person commits an offence if he, without reasonable excuse—

(a) fails to comply with an order under subsection (3);

(b) fails to comply with subsection (5); or

(c) in purported compliance with a notice under subsection (1) or an order under subsection (3), knowingly gives information that is false or misleading,

and shall be liable on summary conviction to a fine at level 5 and to imprisonment for 2 years.

(9) In this section, “processing” (處理), in relation to any information or document, includes amending, augmenting, deleting or rearranging all or any part of the information or document, whether by automated means or otherwise.