### Deposit Protection Scheme Ordinance 《存款保障計劃條例》

40. Establishment of Deposit Protection Appeals Tribunal
(1) There is established by this section a tribunal to be known as the “Deposit Protection Appeals Tribunal” in English and “存款保障上訴審裁處” in Chinese.
(2) The function of the Tribunal is to review a decision or assessment the subject of an application under section 41(1), (2) or (3).
(3) For the purpose of reviewing a decision or assessment, the Tribunal is to consist of—
(a) the Chairman of the Tribunal; and
(b) such number of persons, not being fewer than 2, from the panel referred to in subsection (5) as the Financial Secretary may, on the recommendation of the Chairman, appoint to be members of the Tribunal to review the decision or assessment.
(4) The Chief Executive shall, on the recommendation of the Chief Justice, appoint a judge to be the Chairman of the Tribunal.
(5) The Chief Executive shall appoint a panel of persons, not being public officers, whom he considers suitable for appointment under subsection (3)(b) to be members of the Tribunal.
(6) The Chief Executive shall give notice of each appointment under subsections (4) and (5) by notice published in the Gazette.
(7) The Chairman (except where the Chairman is a judge, or a deputy judge, of the Court of First Instance), or members, of the Tribunal may be paid, as a fee for their services, such amount as the Chief Executive considers appropriate. Those amounts payable to the Chairman shall be a charge on the general revenue, and those amounts payable to the members shall be a charge on the Fund.
(8) Schedule 3 has effect with respect to the Tribunal.
(9) Subject to this section and Schedule 3 and to rules made under section 52, the Chairman of the Tribunal may determine the procedures and practice of the Tribunal.
(10) Where the Chief Executive considers appropriate, additional Tribunals may be established for the purposes of any reviews of decisions or assessments of the Board or of decisions of the Monetary Authority, whereupon the provisions of this or any other Ordinance shall apply, subject to necessary modifications, to each of such additional Tribunals (including appointment of the chairman and other members of, and all matters concerning, each of such additional Tribunals) as they apply to the Tribunal.
(11) In this section, judge (法官) means—
(a) a judge, or a deputy judge, of the Court of First Instance;
(b) a former Justice of Appeal of the Court of Appeal; or
(c) a former judge, or a former deputy judge, of the Court of First Instance.

### Deposit Protection Scheme Ordinance 《存款保障計劃條例》

44. 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 42(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 provisions of this Ordinance—
(a) 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 if—
(i) criminal proceedings have previously been instituted against the person under section 42(3) in respect of the same conduct; and
(ii) (A) those criminal proceedings remain pending; or
(B) 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;
(b) no criminal proceedings may be instituted against any person under section 42(3) in respect of any conduct if—
(i) 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
(ii) (A) proceedings arising from the exercise of such power remain pending; or
(B) 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.

### Deposit Protection Scheme Ordinance 《存款保障計劃條例》

45. Appeal to Court of Appeal
(1) Where the Tribunal has delivered its determination under section 41(9)(a) or (b) on a review of—
(a) a decision or assessment of the Board; or
(b) a decision of the Monetary Authority,
the applicant, or the Board or the Monetary Authority (as the case may be), if dissatisfied with the determination, may appeal to the Court of Appeal against the determination on a point of law.
(2) The Court of Appeal may, in relation to a determination appealed against, do the following—
(a) confirm, vary or set aside the determination;
(b) remit the matter to the Tribunal with any direction that it considers appropriate.
(3) The Rules of the High Court (Cap. 4 sub. leg. A) apply in relation to such an appeal to the extent that those Rules are not inconsistent with this Ordinance.

(4) In an appeal under this section, the Court of Appeal may make such order for payment of costs as it considers appropriate.

### Deposit Protection Scheme Ordinance 《存款保障計劃條例》

47. Immunity
(1) The Board, or a person who is, or is acting as, a member, or a related person, of the Board, is not liable for anything done, or omitted to be done, in good faith in the performance, or purported performance, of the functions of the Board.
(2) The Monetary Authority, or a person appointed under section 5A(3) of the Exchange Fund Ordinance (Cap. 66) to assist the Monetary Authority, is not liable for anything done, or omitted to be done, in good faith in the performance, or purported performance, of the functions imposed on the Authority by or under this Ordinance.

### Deposit Protection Scheme Ordinance 《存款保障計劃條例》

49. False statements regarding Scheme membership and protected deposits
(1) No person shall, with intent to deceive, make any false, misleading or deceptive statement or representation as to whether or not—
(a) a person is a Scheme member; or
(b) a deposit, or any other financial product, is a protected deposit.
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on conviction on indictment to a fine of $400,000 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.

50. Defences
In any proceedings for an offence under section 13(11), 15(6), 46(7) or 48(6) or (7), it is a defence for the person charged to prove that he took reasonable precautions and exercised due diligence to avoid the commission of the offence by himself or any person under his control.

### Deposit Protection Scheme Ordinance 《存款保障計劃條例》

52. Power of Chief Justice to make rules
The Chief Justice may make rules—
(a) providing for matters of procedure, or other matters, relating to applications for review, or reviews, under Part 6, which are not provided for in that Part or section 5 of Schedule 3;
(b) providing for the issue or service of any document (however described) for the purposes of Part 6 or section 5 of Schedule 3; or
(c) prescribing anything required to be prescribed under Part 6 or section 5 of Schedule 3.