Page:Deposit Protection Scheme Ordinance (Cap. 581).pdf/39

DEPOSIT PROTECTION SCHEME ORDINANCE : authorized by the Financial Secretary where the disclosure will, in the opinion of the Board, enable or assist the recipient of the information to perform his functions;


 * (g) to the disclosure of information to an auditor, or a former auditor, of a Scheme member or former Scheme member for the purpose of enabling or assisting the Board to perform its functions under this Ordinance;
 * (h) to the disclosure of information with the consent of—
 * (i) the person from whom the information was obtained or received; and
 * (ii) where the information does not relate to such person, the person to whom it relates;
 * (i) to the disclosure of information which has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not precluded by this section; or
 * (j) to the disclosure of information required by law.

(3) The Board may attach a condition to any disclosure of information made pursuant to subsection (2)(b), (c), (d), (e), (f) or (j), and shall attach a condition to any disclosure of information made pursuant to subsection (2)(g), that neither—
 * (a) the person to whom the information has been disclosed; nor
 * (b) any person obtaining or receiving the information (whether directly or indirectly) from the person referred to in paragraph (a),

shall disclose that information to any other person without the consent of the Board.

(4) No person shall, without the written consent of the Monetary Authority given generally or in any particular case or class of cases, disclose to any other person—
 * (a) any information regarding a Scheme member’s MA supervisory rating or the amount of a Scheme member’s contribution; or
 * (b) any other information that would, by itself or together with other information, enable a Scheme member’s MA supervisory rating or the amount of a Scheme member’s contribution to be ascertained or inferred.

(5) Any specified person who contravenes subsection (1) commits an offence and is liable—
 * (a) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 2 years; or
 * (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.