Page:Deposit Protection Scheme Ordinance (Cap. 581).pdf/10

DEPOSIT PROTECTION SCHEME ORDINANCE :(f) employ persons to assist the Board in the performance of its functions;
 * (g) appoint persons as agents, or authorize persons—
 * (i) to assist the Board in the performance of its functions; or
 * (ii) where the Board is to perform its functions through the Monetary Authority, to assist the Monetary Authority in the performance of such functions;
 * (h) appoint persons as advisers to assist the Board in the performance of its functions;
 * (i) hold, acquire, lease, sell, charge, dispose of or otherwise deal with all kinds of property whether movable or immovable;
 * (j) do all such things as the Board thinks fit in respect of its administration and management; and
 * (k) exercise such other powers as are conferred on the Board under this Ordinance.

8. Board may issue guidelines

(1) The Board may issue, for the guidance of banks or depositors, guidelines not inconsistent with this Ordinance, indicating the manner in which it proposes to perform its functions under this Ordinance.

(2) The Board shall publish a guideline issued under this section in the Gazette.

(3) The Board may amend or revoke a guideline issued under this section. Subsection (2) applies to the amendment or revocation of a guideline in the same way as it applies to the issue of a guideline.

(4) A person does not incur a civil or criminal liability only because the person has contravened a guideline issued under this section. If in any legal proceedings the court is satisfied that such a guideline is relevant to determining a matter that is in issue in the proceedings—
 * (a) the guideline is admissible in evidence in the proceedings; and
 * (b) proof that the person contravened or did not contravene the guideline may be relied on by any party to the proceedings as tending to establish or negate the matter.

(5) A guideline issued under this section is not subsidiary legislation.

(6) In this section, “court” (法院) includes a magistrate and the Tribunal.

9. Directions of Chief Executive in Council

(1) After consultation with the Chairman of the Board, the Chief Executive in Council may, on being satisfied that it is in the public interest to do so, give the Board such written directions as he thinks fit with respect to the performance of any of the Board’s functions under this Ordinance.