Page:Clearing and Settlement Systems Ordinance (Cap. 584).pdf/31

CLEARING AND SETTLEMENT SYSTEMS ORDINANCE

(4) A person is not excused from complying with an order, notice, prohibition or requirement of the Tribunal made or given under or pursuant to subsection (1) only on the ground that to do so might tend to incriminate the person.

37. Use of incriminating evidence given under compulsion

Notwithstanding any other provisions of this Ordinance, where the Tribunal—
 * (a) requires a person to give evidence under section 36(1)(c);
 * (b) requires a person to answer any question under section 36(1)(e);
 * (c) orders a person to provide evidence under section 36(1)(f); or
 * (d) otherwise requires or orders a person to provide any information under section 36(1)(m),

and the evidence, answer or information might tend to incriminate the person, then the requirement or order as well as the evidence, the question and answer, or the information shall not be admissible in evidence against the person in criminal proceedings in a court of law other than those in which the person is charged with an offence under section 36(3)(a), or under Part V of the Crimes Ordinance (Cap. 200), or for perjury, in respect of the evidence, answer or information.

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