Hong Kong Ordinances

CLEARING AND SETTLEMENT SYSTEMS ORDINANCE - SECT 36

Powers of Tribunal

(1) In relation to a review of a decision of the Monetary Authority under this
Ordinance, the Tribunal may—

   (a)  receive and consider any material by way of oral evidence, written
        statements or documents, whether or not the material would be
        admissible in a court of law;

   (b)  determine the manner in which any such material is received;

   (c)  by notice in writing signed by the Chairman of the Tribunal, require a
        person to attend before it and, subject to subsection (2), to give
        evidence and produce any article, record or document in his possession
        or control relating to the subject matter of the review;

   (d)  administer oaths;

   (e)  examine or cause to be examined on oath or otherwise a person
        attending before it and require the person to answer truthfully any
        question which the Tribunal considers appropriate for the purpose of
        the review;

   (f)  order a witness to provide evidence for the purpose of the review by
        affidavit;

   (g)  order a person not to publish or otherwise disclose any material
        produced to the Tribunal;

   (h)  prohibit the publication or disclosure of any material the Tribunal
        receives at any sitting, or any part of a sitting, that is held in
        camera;

   (i)  stay any of the proceedings in the review on such grounds and on such
        terms and conditions as it considers appropriate having regard to the
        interests of justice;

   (j)  determine the procedure to be followed in connection with the review;

   (k)  order that costs be paid to any party to the review or any person who
        is required to attend before it for the purpose of the review;

   (l)  hear an application for stay of proceedings for a review at any time
        before its determination is made; and

   (m)  exercise such other powers or make such other orders as may be
        necessary for or ancillary to the conduct of the review or the
        performance of its functions.

(2) Nothing in subsection (1)(c), (e) or (f) empowers the Tribunal to
require—

   (a)  the banker or financial adviser of an applicant to disclose any
        information relating to the affairs of any person other than the
        applicant; or

   (b)  a solicitor or counsel to disclose any privileged communication,
        whether oral or written, made to or by him in that capacity.

(3) No person shall—

   (a)  fail to comply with an order, notice, prohibition or requirement of
        the Tribunal made or given under or pursuant to subsection

(1);

   (b)  disrupt any sitting of the Tribunal or otherwise misbehaves during any
        such sitting;

   (c)  having been required by the Tribunal under subsection (1) to attend
        before the Tribunal, leave the place where his attendance is so
        required without the permission of the Tribunal;

   (d)  hinder or deter any person from attending before the Tribunal, giving
        evidence or producing any article, record or document, for the purpose
        of a review;

   (e)  threaten, insult or cause any loss to be suffered by any person who
        has attended before the Tribunal, on account of such attendance; or

   (f)  threaten, insult or cause any loss to be suffered by the Chairman, or
        any member, of the Tribunal at any time on account of the performance
        of his functions in that capacity.

(4) A person is not excused from complying with an order, notice, prohibition
or requirement of the Tribunal made or given under or pursuant to subsection
(1) only on the ground that to do so might tend to incriminate the person.