Hong Kong Ordinances

CLEARING AND SETTLEMENT SYSTEMS ORDINANCE - SECT 35

Review of decisions by Tribunal

(1) Any person who is aggrieved by a decision of the Monetary Authority under
section 4(1), 5(1), 16(1) or 17(1) may refer the decision to the Tribunal for
review.

(2) A reference to the Tribunal under subsection (1) by a person aggrieved
is—

   (a)  to be made in writing;

   (b)  to be made—

        (i)    if the reference relates to a decision of the Monetary
               Authority under section 4(1) or 5(1), within 30 days after
               publication in the Gazette of the notice referred to in that
               section;

        (ii)   if the reference relates to a decision of the Monetary
               Authority under section 16(1) or 17(1), within 30 days after
               receiving notice in writing given by the Monetary Authority
               informing him of the decision, or within such further time as
               the Tribunal may, in the circumstances of any particular case,
               think fit; and

   (c)  to state the grounds for the review.

(3) The Tribunal shall deliver to the Monetary Authority a copy of any
reference under subsection (1) that it has received.

(4) A reference under subsection (1) does not suspend the decision to which
the reference relates.

(5) As soon as practicable after receipt of a copy of a reference delivered
under subsection (3), the Monetary Authority shall forward a copy of the
decision to which the reference relates together with all other relevant
papers in his possession to the Tribunal.

(6) On receipt of the copy of the decision, and of the papers, forwarded under
subsection (5), the Tribunal shall review the decision in question and, after
taking into account the stated grounds for the review, may make its
determination to—

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

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

(7) In reviewing a decision of the Monetary Authority, the Tribunal—

   (a)  shall afford both the applicant and 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 balance of probabilities.

(8) As soon as practicable after completing the review, the Tribunal shall
deliver its determination made under subsection (6), with the reasons for its
determination.

(9) A determination made by the Tribunal shall be recorded in writing and
signed by the Chairman of the Tribunal, and shall then be registered in the
Court of First Instance; and a determination so registered shall be deemed to
be an order of the Court.

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

(11) 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 evidence 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.