Page:Deposit Protection Scheme Ordinance (Cap. 581).pdf/32

DEPOSIT PROTECTION SCHEME ORDINANCE (5) The Chief Executive shall appoint a panel of persons, not being public officers, whom he considers suitable for appointment under subsection (3)(b) to be members of the Tribunal.

(6) The Chief Executive shall give notice of each appointment under subsections (4) and (5) by notice published in the Gazette.

(7) The Chairman (except where the Chairman is a judge, or a deputy judge, of the Court of First Instance), or members, of the Tribunal may be paid, as a fee for their services, such amount as the Chief Executive considers appropriate. Those amounts payable to the Chairman shall be a charge on the general revenue, and those amounts payable to the members shall be a charge on the Fund.

(8) Schedule 3 has effect with respect to the Tribunal.

(9) Subject to this section and Schedule 3 and to rules made under section 52, the Chairman of the Tribunal may determine the procedures and practice of the Tribunal.

(10) Where the Chief Executive considers appropriate, additional Tribunals may be established for the purposes of any reviews of decisions or assessments of the Board or of decisions of the Monetary Authority, whereupon the provisions of this or any other Ordinance shall apply, subject to necessary modifications, to each of such additional Tribunals (including appointment of the chairman and other members of, and all matters concerning, each of such additional Tribunals) as they apply to the Tribunal.

(11) In this section, “judge” (法官) means—
 * (a) a judge, or a deputy judge, of the Court of First Instance;
 * (b) a former Justice of Appeal of the Court of Appeal; or
 * (c) a former judge, or a former deputy judge, of the Court of First Instance.

41. Review of decisions or assessments by Tribunal

(1) Any person who is aggrieved by a decision of the Board under section 13(3)(b), (5)(b) or (8)(a), (b) or (d) or 32(5)(a) or (b) may apply to the Tribunal for a review of the decision.

(2) If a Scheme member is dissatisfied with the Board’s assessment under section 15(1) of the amount of contribution payable by the Scheme member, the Scheme member may apply to the Tribunal for a review of the assessment, but nothing in this subsection empowers a Scheme member to apply for a review of the MA supervisory rating of the Scheme member.

(3) Any person who is aggrieved by a decision specified in rules made under section 53 as a decision to which this section applies may apply to the Tribunal for a review of the decision.

(4) An application under subsection (1) or (2) is—
 * (a) to be made in writing by the applicant—