Page:Deposit Protection Scheme Ordinance (Cap. 581).pdf/26

DEPOSIT PROTECTION SCHEME ORDINANCE ::(ii) shall thereupon inform the depositors concerned by notice published in any daily newspaper in circulation in Hong Kong, or by other means the Board considers appropriate, of the requirement.

(2) If a specified event has occurred in relation to a Scheme member—
 * (a) the Board, or a person appointed as an agent of the Board or authorized by the Board under this Ordinance, may, for the purpose of the performance by the Board of its functions under this Ordinance, have access to the premises and records of the Scheme member; and
 * (b) every director, chief executive, manager, employee or agent of the Scheme member, the liquidator or provisional liquidator of the Scheme member, or any person in possession of the records of the Scheme member, shall, subject to subsection (3)—
 * (i) afford the Board, or a person appointed as an agent of the Board or authorized by the Board under this Ordinance, access to those records; and
 * (ii) provide such assistance to the Board, or such a person so appointed or authorized, as the Board or person may require for the exercise of the power under paragraph (a).

(3) The Board shall not require the disclosure by a solicitor or counsel of any privileged communication, whether oral or written, made to or by him in that capacity.

(4) Any person who, without reasonable excuse, contravenes subsection (2)(b) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

(5) If a specified event has occurred in relation to a Scheme member, the Board shall decide in accordance with this Ordinance—
 * (a) whether a depositor of the Scheme member or any other person is entitled, in respect of the depositor’s protected deposit with the Scheme member, to compensation under Division 2; and
 * (b) if he is, the amount of compensation to which he is entitled under Division 2.

(6) In making a decision under subsection (5), the Board may rely on the records obtained from the Scheme member except to the extent of any manifest error that appears on the face of those records.

(7) The Board shall as soon as practicable after a decision has been made under subsection (5)—
 * (a) notify the depositor of its decision in writing; and
 * (b) if applicable, pay the compensation, subject to section 35, to the depositor from the Fund.

(8) In this section—

“agent” (代理人), in relation to a Scheme member, includes—