Hong Kong Ordinances

DEPOSIT PROTECTION SCHEME ORDINANCE - SECT 8

Board may issue guidelines

(1) The Board may issue, for the guidance of banks or depositors, guidelines
not inconsistent with this Ordinance, indicating the manner in which it
proposes to perform its functions under this Ordinance.

(2) The Board shall publish a guideline issued under this section in the
Gazette.

(3) The Board may amend or revoke a guideline issued under this section.
Subsection (2) applies to the amendment or revocation of a guideline in the
same way as it applies to the issue of a guideline.

(4) A person does not incur a civil or criminal liability only because the
person has contravened a guideline issued under this section. If in any legal
proceedings the court is satisfied that such a guideline is relevant to
determining a matter that is in issue in the proceedings—

   (a)  the guideline is admissible in evidence in the proceedings; and

   (b)  proof that the person contravened or did not contravene the guideline
        may be relied on by any party to the proceedings as tending to
        establish or negate the matter.

(5) A guideline issued under this section is not subsidiary legislation.

(6) In this section, “court” (法院) includes a magistrate and the
Tribunal. “court” (法院)