Hong Kong Ordinances

CLEARING AND SETTLEMENT SYSTEMS ORDINANCE - SECT 38

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 36(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 provision of this
Ordinance, 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
in the following case, namely—

   (a)  if criminal proceedings have previously been instituted against the
        person under section 36(3) in respect of the same conduct; and

   (b)  if—

        (i)    those criminal proceedings remain pending; or

        (ii)   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.

(5) Notwithstanding anything in this section or any other provision of this
Ordinance, no criminal proceedings may be instituted against any person under
section 36(3) in respect of any conduct in the following case, namely—

   (a)  if 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

   (b)  if—

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

        (ii)   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.