SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - CHAPTER 24E SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - LONG TITLE Empowering section (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 24 section 21(1) and (9)) [9 November 1990] (L.N. 348 of 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 1 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 1 Citation VerDate:30/06/1997 These rules may be cited as the Securities and Futures Appeals Panel Proceedings Rules. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 2 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 2 Interpretation VerDate:30/06/1997 In these rules, unless the context otherwise requires- "appeal" (上訴) means an appeal under section 19 of the Ordinance; "clerk" (書記) means the clerk to the Panel or any deputy or person appointed by the Panel to perform the duties of that office; "hearing" (耹訊) means the hearing of an appeal. (Enacted 1990) "appeal" (上訴) "clerk" (書記) "hearing" (耹訊) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 3 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 3 Making of appeal VerDate:30/06/1997 (1) An appeal shall be made by lodging with the clerk a notice of appeal in the form prescribed in the Schedule duly completed and signed by or on behalf of the appellant. (2) Where the appellant is a body corporate, the notice of appeal shall be completed and signed on its behalf by one of its directors. (3) Where the appellant is a partnership, the notice of appeal shall be completed and signed on its behalf by one of the partners. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 4 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 4 Transmission of notices of appeal VerDate:30/06/1997 Where a notice of appeal is received by the clerk under rule 3, the clerk shall transmit the notice to the tribunal appointed to hear the appeal under section 20 of the Ordinance. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 5 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 5 Parties to an appeal VerDate:30/06/1997 The appellant and the Commission shall be parties to the appeal. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 6 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 6 Notice of hearing VerDate:30/06/1997 (1) Where an appeal is lodged under rule 3, the tribunal shall fix a day for the hearing and the clerk shall serve notice of hearing on each party. (2) Notice under subrule (1) shall be served not later than 21 days before the day fixed for the hearing. (3) A notice under subrule (1) to the appellant shall- (a) include a copy of the notice of appeal; (b) set out the time, date and place of the hearing; and (c) draw the appellant's attention to the provisions of these rules. (4) A notice under subrule (1) to the Commission shall- (a) include a copy of the decision appealed against; and (b) set out the time, date and place of the hearing. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 7 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 7 List of documents and inspection VerDate:30/06/1997 (1) Each party shall furnish to the clerk and every other party at least 14 days before the day fixed for the hearing, unless the tribunal directs otherwise, a list of all documents which are or have been in the possession or control of that party and on which that party intends to rely. (2) Any party may inspect the documents included in the list furnished by any other party. (3) A party receiving a list furnished under subrule (1) may by written notice served on the party furnishing the list require a copy of any document in that list, which shall be supplied by the party furnishing the list within 7 days of receipt of such notice. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 8 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 8 Hearings to be in private VerDate:30/06/1997 (1) Subject to subrule (2), every hearing shall be held in private. (2) The tribunal shall in its discretion determine which persons may be present. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 9 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 9 Failure to appear VerDate:30/06/1997 If any party fails to appear at a hearing, the tribunal may, upon proof of service on such party of the appropriate notice of hearing, proceed to hear and determine the proceedings in the absence of that party, and in a case where the appellant so fails to appear the tribunal may in its discretion dismiss the appeal. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 10 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 10 Application for review after failure to appear VerDate:30/06/1997 (1) Any party who has failed to appear at a hearing may, within 1 month from any decision of the tribunal under rule 9 and by giving notice to every other party and to the clerk, apply to the tribunal for a review of the decision. (2) The tribunal, if satisfied that it is just that the appeal should be re-heard or, in the case of the dismissal of the appeal without a hearing, should be heard, may grant such application upon such terms as to costs or otherwise as it thinks fit. (3) Upon such re-hearing or hearing the tribunal may confirm, vary or reverse its previous decision or order. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 11 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 11 Determination of question VerDate:30/06/1997 Every question before a tribunal shall be determined by the opinion of the majority of the members of the tribunal except a question of law which shall be determined by the member presiding at the hearing. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 12 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 12 Notification of decision VerDate:30/06/1997 The decision of a tribunal shall be in writing and the clerk shall send a copy of every decision of the tribunal to each party concerned. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 13 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 13 Withdrawal of appeal VerDate:30/06/1997 Unless the tribunal directs otherwise, no appeal shall be withdrawn after the notice of appeal has been transmitted to a tribunal under rule 4. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 14 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 14 Adjournment VerDate:30/06/1997 A tribunal may of its own motion, or upon the application of any party, adjourn a hearing upon such terms as to costs or otherwise as it thinks fit. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 15 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 15 Shorthand notes VerDate:30/06/1997 (1) Shorthand notes of proceedings before a tribunal may be taken by a person appointed by the tribunal, and any party to the proceedings shall be entitled to inspect the transcript thereof. (2) The shorthand writer shall, if required, supply to the tribunal and to any party to the proceedings, but to no other person or body, a copy of the transcript of such notes on payment of the shorthand writer's charges. (3) If no shorthand notes are taken, the member presiding at the hearing shall take a note of the proceedings, and the provisions of this rule as to inspection and supplying of copies of transcripts of shorthand notes shall apply to such note accordingly. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 16 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 16 Service VerDate:30/06/1997 (1) Service of any notice or document under these rules may be effected personally or by registered post addressed- (a) in the case of the Commission, to the chairman thereof at the offices of the Commission; (b) in the case of a company within the meaning of the Companies Ordinance (Cap 32), to its registered office; (c) in the case of an oversea company within the meaning of the Companies Ordinance (Cap 32), to the person resident in Hong Kong who is authorized to accept service of process and notices on its behalf for the purposes of Part XI of that Ordinance at his address delivered to the Registrar of Companies under that Ordinance; (d) in the case of a body corporate other than a company or a unincorporated body of persons other than a partnership, to the principal place of business of the body; (e) in the case of a partnership, to its principal place of business; and (f) in the case of an individual, to his last known address, and where service is effected by registered post, such service shall be deemed to be effected at the time when the notice or document would be delivered in the ordinary course of post. (2) Notwithstanding subrule (l), the tribunal may if it thinks just make an order for substituted service of any notice or document. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 17 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 17 Power of the tribunal to modify requirements of rules VerDate:30/06/1997 A tribunal may modify the requirements of these rules respecting notices, documents, service or time in any case if, in the opinion of the tribunal, it is expedient to do so in the interest of justice. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 18 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 18 Extension or abridgement of time VerDate:30/06/1997 A tribunal may of its own motion or upon the application of any party to the proceedings before the tribunal extend or abridge the time for doing anything under these rules. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 19 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 19 Admission of documents and facts VerDate:30/06/1997 (1) Any party may by notice in writing at any time not later than 9 days before the day fixed for a hearing call upon any other party to admit any document or fact and if such other party wishes to challenge the authenticity of the document or, as the case may be, the fact, he shall within 6 days after service of such notice give notice to the first-mentioned party that he does not admit the document or fact and requires it to be proved at the hearing. (2) If such other party fails to give notice of non-admission within the time prescribed in subrule (1), he shall be deemed to have admitted the document or, as the case may be, the fact, unless otherwise ordered by the tribunal. (3) Where a party gives notice of non-admission and the document or fact to which such notice relates is proved at the hearing, the costs of proving the document or fact shall be paid by that party unless the tribunal finds that there were reasonable grounds for not admitting the document or fact. (4) Where a party proves a document or fact without having given notice to admit the document or fact under subrule (1) no costs of proving the document or fact shall be allowed. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 20 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 20 Remuneration of the members of a tribunal VerDate:30/06/1997 The members of a tribunal shall be paid such remuneration and allowances as the Financial Secretary may determine. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 21 (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - RULE 21 Costs of a tribunal VerDate:30/06/1997 (1) Where a tribunal makes an order for costs and expenses under section 21(9)(b) of the Ordinance, the tribunal shall specify in the order- (a) the sum to be paid, which shall be determined by the tribunal having regard to- (i) the amount of remuneration and allowances payable to the members of a tribunal under rule 20; and (ii) the amount of administrative or other costs and expenses incurred by the tribunal in relation to the hearing and determination of an appeal; (b) the person to whom payment shall be made; and (c) the time limit for making payment, not being earlier than 14 days from the date of the order. (2) A party to an appeal against whom such an order is made shall make payment in accordance with the order. (Enacted 1990) SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - SCHEDULE SCHEDULE (Repealed 5 of 2002 s. 406) VerDate:01/04/2003 SECURITIES AND FUTURES APPEALS PANEL PROCEEDINGS RULES - SCHEDULE SCHEDULE VerDate:30/06/1997 [rule 3] FORM NOTICE OF APPEAL UNDER SECTION 19 OF THE SECURITIES AND FUTURES COMMISSION ORDINANCE AGAINST DECISION OF THE SECURITIES AND FUTURES COMMISSION TO: Clerk to the Securities and Futures Appeals Panel I, .................................................. of .................................................................. (name) (address) ........................................................................... ........................................................ , do hereby make appeal to the Securities and Futures Appeals Panel under section 19 of the Securities and Futures Commission Ordinance against the decision of the Securities and Futures Commission communicated to me by letter dated ........................ that ........... ........................................................................... .......................................................... (brief details of decision) The grounds of the appeal are- (Here state concisely the grounds of appeal) Dated this ..................... day of ............... 19 ........ ...................................... Signature (for and on behalf of .....................................) (Enacted 1990)