Hong Kong Ordinances

DEPOSIT PROTECTION SCHEME ORDINANCE - SECT 44

Contempt dealt with by Tribunal

(1) The Tribunal has the same powers as the Court of First Instance to punish
for contempt.

(2) Without limiting the generality of the powers of the Tribunal under
subsection (1), the Tribunal has the same powers as the Court of First
Instance to punish for contempt, as if it were contempt of court, a person
who, without reasonable excuse, commits any conduct falling within
section 42(3).

(3) The Tribunal shall, in the exercise of its powers to punish for contempt
under this section, adopt the same standard of proof as the Court of First
Instance in the exercise of the same powers to punish for contempt.

(4) Notwithstanding anything in this section or any other provisions of this
Ordinance—

   (a)  no power may be exercised under or pursuant to this section to
        determine whether to punish any person for contempt in respect of any
        conduct if—

        (i)    criminal proceedings have previously been instituted against
               the person under section 42(3) in respect of the same conduct;
               and

        (ii)   (A) those criminal proceedings remain pending; or

                (B)  by reason of the previous institution of those criminal
                     proceedings, no criminal proceedings may again be
                     lawfully instituted against that person under that
                     section in respect of the same conduct;

   (b)  no criminal proceedings may be instituted against any person under
        section 42(3) in respect of any conduct if—

        (i)    any power has previously been exercised under or pursuant to
               this section to determine whether to punish the person for
               contempt in respect of the same conduct; and

        (ii)   (A) proceedings arising from the exercise of such power remain
               pending; or

                (B)  by reason of the previous exercise of such power, no
                     power may again be lawfully exercised under or pursuant
                     to this section to determine whether to punish the person
                     for contempt in respect of the same conduct.