Page:Clearing and Settlement Systems Ordinance (Cap. 584).pdf/27

CLEARING AND SETTLEMENT SYSTEMS ORDINANCE


 * (b) no distress shall be levied,

in respect of property to which this section applies; but this subsection does not apply to a person seeking to enforce any interest in or security over the property.

(3) Where by virtue of subsection (2) a person would not be entitled to enforce a judgment or order against any property, any injunction or other remedy granted with a view to facilitating the enforcement of any such judgment or order shall not extend to that property. PART 4 34. Establishment of Clearing and Settlement Systems Appeals Tribunal

(1) There is established by this section a tribunal to be known as the “Clearing and Settlement Systems Appeals Tribunal” in English and “結算及交收系統上訴審裁處” in Chinese.

(2) For the purpose of reviewing any decision referred to the Tribunal under this Part, 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 (4) as the Financial Secretary may, on the recommendation of the Chairman of the Tribunal, appoint for that purpose.

(3) The Chief Executive shall, on the recommendation of the Chief Justice, appoint to be the Chairman of the Tribunal a person who is—
 * (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.

(4) The Chief Executive shall appoint a panel of persons, not being public officers, whom he considers suitable for appointment as members of the Tribunal.

(5) The Chairman of the Tribunal (except where the Chairman is a judge, or a deputy judge, of the Court of First Instance), and 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 of