Page:Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (Cap. 615).pdf/14

Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance Part 2 Section 7 (3) A relevant authority may from time to time amend the whole or any part of any guideline published under this section in a manner consistent with the power to publish the guideline under this section, and—
 * (a) the other provisions of this section apply, with necessary modifications, to the amendments to the guideline as they apply to the guideline; and
 * (b) any reference in this or any other Ordinance to the guideline (however expressed) is, unless the context otherwise requires, to be construed as a reference to the guideline as so amended.

(4) A failure by any person to comply with a provision in any guideline published under this section does not by itself render the person liable to any judicial or other proceedings but, in any proceedings under this Ordinance before any court, the guideline is admissible in evidence; and if any provision set out in the guideline appears to the court to be relevant to any question arising in the proceedings, the provision must be taken into account in determining that question.

(5) In considering whether a person has contravened a provision of Schedule 2, a relevant authority must have regard to any provision in the guideline published under this section that is relevant to the requirement.

(6) A guideline published under this section is not subsidiary legislation.

(7) In this section—

relevant Ordinance (有關條例)—
 * (a) in relation to the Insurance Authority, means the Insurance Companies Ordinance (Cap. 41);
 * (b) in relation to the Monetary Authority, means the Banking Ordinance (Cap. 155); and