Page:Deposit Protection Scheme Ordinance (Cap. 581).pdf/43

DEPOSIT PROTECTION SCHEME ORDINANCE ::(i) contributions or late payment fees are to be paid by Scheme members; or
 * (ii) rebates or refunds of contributions are to be paid to Scheme members;
 * (d) requiring a Scheme member to make known to the public under specified circumstances—
 * (i) whether or not it is a member of the Scheme; or
 * (ii) whether or not a deposit, or any other financial product offered by the Scheme member, is a protected deposit, and prescribing the manner in which the requirement is to be complied with;
 * (e) prescribing anything required to be prescribed under this Ordinance other than Part 6 and section 5 of Schedule 3; and
 * (f) generally providing for the better performance of the functions of the Board.

(2) Rules made under this section may—
 * (a) provide that a contravention of a specified provision of the rules is an offence punishable—
 * (i) on conviction on indictment by a fine at level 6 and imprisonment for 2 years; or
 * (ii) on summary conviction by a fine at level 3 and imprisonment for 6 months; and
 * (b) provide for any specified defence to be available in proceedings for such an offence.

(3) Rules made under this section shall not require a Scheme member to maintain any information system or other records that contain information or documents, or to submit any information or document, relating to any person who is—
 * (a) a beneficiary for whom a deposit, or portion thereof, maintained with the Scheme member is held by a depositor as a trustee or bare trustee; or
 * (b) a client for whom a deposit, or portion thereof, maintained with the Scheme member is held by a depositor in a client account.

52. Power of Chief Justice to make rules

The Chief Justice may make rules—
 * (a) providing for matters of procedure, or other matters, relating to applications for review, or reviews, under Part 6, which are not provided for in that Part or section 5 of Schedule 3;
 * (b) providing for the issue or service of any document (however described) for the purposes of Part 6 or section 5 of Schedule 3; or
 * (c) prescribing anything required to be prescribed under Part 6 or section 5 of Schedule 3.