Hong Kong Ordinances

DEPOSIT PROTECTION SCHEME ORDINANCE - SECT 40

Establishment of Deposit Protection Appeals Tribunal

PART 6

REVIEW BY DEPOSIT PROTECTION APPEALS TRIBUNAL

(1) There is established by this section a tribunal to be known as the
“Deposit Protection Appeals Tribunal” in English and
“存款保障上訴審裁處” in Chinese.

(2) The function of the Tribunal is to review a decision or assessment the
subject of an application under section 41(1), (2) or (3).

(3) For the purpose of reviewing a decision or assessment, the Tribunal is to
consist of—

   (a)  the Chairman of the Tribunal; and

   (b)  such number of persons, not being fewer than 2, from the panel
        referred to in subsection (5) as the Financial Secretary may, on the
        recommendation of the Chairman, appoint to be members of the Tribunal
        to review the decision or assessment.

(4) The Chief Executive shall, on the recommendation of the Chief Justice,
appoint a judge to be the Chairman of the Tribunal.

(5) The Chief Executive shall appoint a panel of persons, not being public
officers, whom he considers suitable for appointment under subsection (3)(b)
to be members of the Tribunal.

(6) The Chief Executive shall give notice of each appointment under
subsections (4) and (5) by notice published in the Gazette.

(7) The Chairman (except where the Chairman is a judge, or a deputy judge, of
the Court of First Instance), or members, of the Tribunal may be paid, as a
fee for their services, such amount as the Chief Executive considers
appropriate. Those amounts payable to the Chairman shall be a charge on the
general revenue, and those amounts payable to the members shall be a charge on
the Fund.

(8) Schedule 3 has effect with respect to the Tribunal.

(9) Subject to this section and Schedule 3 and to rules made under section 52,
the Chairman of the Tribunal may determine the procedures and practice of the
Tribunal.

(10) Where the Chief Executive considers appropriate, additional Tribunals may
be established for the purposes of any reviews of decisions or assessments of
the Board or of decisions of the Monetary Authority, whereupon the provisions
of this or any other Ordinance shall apply, subject to necessary
modifications, to each of such additional Tribunals

(including appointment of the chairman and other members of, and all matters
concerning, each of such additional Tribunals) as they apply to the Tribunal.

(11) In this section, “judge” (法官) means—

   (a)  a judge, or a deputy judge, of the Court of First Instance;

   (b)  a former Justice of Appeal of the Court of Appeal; or

   (c)  a former judge, or a former deputy judge, of the Court of First
        Instance. “judge” (法官)