Page:Clearing and Settlement Systems Ordinance (Cap. 584).pdf/38

CLEARING AND SETTLEMENT SYSTEMS ORDINANCE



(2) Subsection (1) applies to—
 * (a) the Monetary Authority and any person appointed by the Financial Secretary under section 5A(3) of the Exchange Fund Ordinance (Cap. 66) to assist the Monetary Authority; and
 * (b) any person appointed by the Monetary Authority under section 9(3).

(3) Subsection (1) does not apply—
 * (a) to the disclosure of information in summary form that is so framed as to prevent particulars relating to the business of any particular system or person being ascertained from it;
 * (b) to the disclosure of information—
 * (i) with a view to the institution of, or otherwise for the purpose of, any criminal proceedings, whether under this Ordinance or otherwise; or
 * (ii) in connection with any other legal proceedings arising out of this Ordinance;
 * (c) to the disclosure of information to the police or the Independent Commission Against Corruption, at the request of the Secretary for Justice, relevant to the proper investigation of any criminal complaint;
 * (d) to the disclosure of information to the Chief Executive or the Financial Secretary for the purpose of enabling or assisting the Monetary Authority to perform his functions under this Ordinance;
 * (e) to the disclosure of information to any person within the category of persons specified in subsection (2), where the disclosure will enable or assist that person to assist the Monetary Authority in the performance of any of the functions referred to in section 5A(2) of the Exchange Fund Ordinance (Cap. 66);
 * (f) to the disclosure of information to the Tribunal;
 * (g) to the disclosure of information to any person or body who may be appointed or established by the Chief Executive to review processes or procedures adopted by the Monetary Authority in making decisions under this Ordinance in so far as those decisions relate to or affect the designated systems specified in Schedule 2 or designated systems in which the Monetary Authority has a legal or beneficial interest;
 * (h) to the disclosure of information with the consent of the person from whom the information was obtained or received or, where the information does not relate to such person, with the consent of the person to whom it relates; or