Page:Deposit Protection Scheme Ordinance (Cap. 581).pdf/34

DEPOSIT PROTECTION SCHEME ORDINANCE (11) In reviewing a decision or assessment of the Board or a decision of the Monetary Authority, the Tribunal—
 * (a) shall afford the applicant, and the Board or the Monetary Authority, an opportunity of being heard; and
 * (b) may determine that any matter of fact has been established if it has been established on the basis of standard of proof applicable to civil proceedings in a court of law.

(12) As soon as practicable after completing the review, the Tribunal shall deliver its determination under subsection (9)(a) or (b), with the reasons for its determination.

(13) A determination made by the Tribunal shall be recorded in writing and signed by the Chairman of the Tribunal. The determination shall be registered in the Court of First Instance and shall be deemed to be an order of the Court upon registration.

(14) The determination of the Tribunal is final and is not subject to appeal except on a point of law.

(15) For the purposes of any proceedings in a court of law, a document purporting to be a determination of the Tribunal that is signed by the Chairman of the Tribunal shall, in the absence of proof to the contrary, be regarded as a determination of the Tribunal duly made, without proof of its making, or proof of signature, or proof that the person signing the determination was in fact the Chairman of the Tribunal.

42. Powers of Tribunal

(1) In relation to a review of a decision or assessment of the Board or a decision of the Monetary Authority, the Tribunal may—
 * (a) receive and consider any material by way of oral evidence, written statements or documents, whether or not the material would be admissible in a court of law;
 * (b) determine the manner in which any such material is received;
 * (c) by notice in writing signed by the Chairman of the Tribunal, require a person to attend before it and, subject to subsection (2), to give evidence and produce any article, record or document in his possession or control relating to the subject matter of the review;
 * (d) administer oaths;
 * (e) examine or cause to be examined on oath or otherwise a person attending before it and require the person to answer truthfully any question which the Tribunal considers appropriate for the purpose of the review;
 * (f) order a witness to provide evidence for the purpose of the review by affidavit;