Hong Kong Ordinances

DEPOSIT PROTECTION SCHEME ORDINANCE - SECT 41

Review of decisions or assessments by Tribunal

(1) Any person who is aggrieved by a decision of the Board under
section 13(3)(b), (5)(b) or (8)(a), (b) or (d) or 32(5)(a) or (b) may apply to
the Tribunal for a review of the decision.

(2) If a Scheme member is dissatisfied with the Board’s assessment under
section 15(1) of the amount of contribution payable by the Scheme member, the
Scheme member may apply to the Tribunal for a review of the assessment, but
nothing in this subsection empowers a Scheme member to apply for a review of
the MA supervisory rating of the Scheme member.

(3) Any person who is aggrieved by a decision specified in rules made under
section 53 as a decision to which this section applies may apply to the
Tribunal for a review of the decision.

(4) An application under subsection (1) or (2) is—

   (a)  to be made in writing by the applicant—

        (i)    if the application relates to a decision of the Board under
               section 13(3)(b) or (5)(b), within 30 days after receiving the
               notice of decision of the Board given under section 13(6);

        (ii)   if the application relates to a decision of the Board under
               section 13(8)(a), (b) or (d), within 30 days after receiving
               the notice of the Board given under section 13(8);

        (iii)  if the application relates to a decision of the Board under
               section 32(5)(a) or (b), within 30 days after receiving the
               notice of decision of the Board given under section 32(7)(a);

        (iv)   if the application relates to the Board’s assessment under
               section 15(1), within 30 days after receiving the notice of the
               assessment given under section 15(2), or within a further time
               that the Tribunal may, in the circumstances of any particular
               case, think fit; and

   (b)  to state the grounds for the review.

(5) An application under subsection (3) is—

   (a)  to be made in writing by the applicant within the time specified in
        rules made under section 53 as the time within which such an
        application is to be made; and

   (b)  to state the grounds for the review.

(6) The Tribunal shall—

   (a)  deliver to the Board a copy of any application under subsection

(1) or (2) that it has received; and

   (b)  deliver to the Monetary Authority a copy of any application under
        subsection (3) that it has received.

(7) An application under subsection (1), (2) or (3) does not suspend the
decision or assessment to which the application relates.

(8) As soon as practicable after receipt of a copy of an application delivered
under subsection (6), the Board or the Monetary Authority shall forward a copy
of the decision or assessment together with all other relevant papers to the
Tribunal.

(9) On receipt of the copy of the decision or assessment, and of the papers,
forwarded under subsection (8), the Tribunal shall review the decision or
assessment in question and, after taking into account the stated grounds for
the review, may make its determination to do the following—

   (a)  confirm, vary or set aside the decision or assessment;

   (b)  remit the matter to the Board or the Monetary Authority with any
        direction that it considers appropriate.

(10) If the Tribunal sets aside a decision of the Board under section 13(3)(b)
or (8)(d), the Tribunal may make such directions as it considers appropriate
concerning the refund of the contribution that has been paid by the applicant.

(11) In reviewing a decision or assessment of the Board or a decision of the
Monetary Authority, the Tribunal—

   (a)  shall afford the applicant, and the Board or the Monetary Authority,
        an opportunity of being heard; and

   (b)  may determine that any matter of fact has been established if it has
        been established on the basis of standard of proof applicable to civil
        proceedings in a court of law.

(12) As soon as practicable after completing the review, the Tribunal shall
deliver its determination under subsection (9)(a) or (b), with the reasons for
its determination.

(13) A determination made by the Tribunal shall be recorded in writing and
signed by the Chairman of the Tribunal. The determination shall be registered
in the Court of First Instance and shall be deemed to be an order of the Court
upon registration.

(14) The determination of the Tribunal is final and is not subject to appeal
except on a point of law.

(15) For the purposes of any proceedings in a court of law, a document
purporting to be a determination of the Tribunal that is signed by the
Chairman of the Tribunal shall, in the absence of proof to the contrary, be
regarded as a determination of the Tribunal duly made, without proof of its
making, or proof of signature, or proof that the person signing the
determination was in fact the Chairman of the Tribunal.