Page:Clearing and Settlement Systems Ordinance (Cap. 584).pdf/39

CLEARING AND SETTLEMENT SYSTEMS ORDINANCE



(4) Subsection (1) does not apply to any disclosure of information, being a disclosure that is not contrary to the public interest, of the following description—
 * (a) disclosure of information to the Securities and Futures Commission referred to in section 3(1) of the Securities and Futures Ordinance (Cap. 571) if, in the opinion of the Monetary Authority, such disclosure will assist the Securities and Futures Commission in exercising its functions; or
 * (b) disclosure of information to an authority in a place outside Hong Kong exercising in that place functions similar to the functions of the Monetary Authority under this Ordinance, being an authority that is subject to secrecy provisions in that place that in the opinion of the Monetary Authority are adequate, if in the opinion of the Monetary Authority such disclosure will—
 * (i) assist that authority in exercising those functions; and
 * (ii) help maintain and promote safety and efficiency in the operation of designated systems.

(5) The Monetary Authority may attach to any disclosure of information to a person made pursuant to subsection (3)(b), (c), (d), (e), (f) or (g) or (4) a condition that neither the person to whom the information has been disclosed nor any person obtaining or receiving the information (whether directly or indirectly) from such person shall disclose that information to any other person without the consent of the Monetary Authority.

51. Immunity

(1) No civil liability shall be incurred by any of the following persons as a result of anything done or omitted to be done by him in good faith in the exercise or purported exercise of any functions conferred or imposed by or under this Ordinance, namely—
 * (a) any public officer;
 * (b) any person appointed under section 5A(3) of the Exchange Fund Ordinance (Cap. 66) to assist the Monetary Authority; or
 * (c) any person appointed under section 9(3).

(2) No civil liability shall be incurred by any of the following persons as a result of anything done or omitted to be done by him in good faith in the carrying out or purported carrying out of any directions given to him by the Monetary Authority, namely—