【法规名称】
【法规编号】 82383 什么是编号？
【正 文】
第13页 CAP 581 DEPOSIT PROTECTION SCHEME ORDINANCE
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[接上页] (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. Cap 581 s 41 Review of decisions or assessments by Tribunal Remarks: not yet in operation (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— (i) if the application relates to a decision of the Board under section 13(3)(b) or (5)(b), within 30 days after receiving the notice of decision of the Board given under section 13(6); (ii) if the application relates to a decision of the Board under section 13(8)(a), (b) or (d), within 30 days after receiving the notice of the Board given under section 13(8); (iii) if the application relates to a decision of the Board under section 32(5)(a) or (b), within 30 days after receiving the notice of decision of the Board given under section 32(7)(a); (iv) if the application relates to the Board’s assessment under section 15(1), within 30 days after receiving the notice of the assessment given under section 15(2), or within a further time that the Tribunal may, in the circumstances of any particular case, think fit; and(b) to state the grounds for the review.(5) An application under subsection (3) is— (a) to be made in writing by the applicant within the time specified in rules made under section 53 as the time within which such an application is to be made; and (b) to state the grounds for the review.(6) The Tribunal shall— (a) deliver to the Board a copy of any application under subsection (1) or (2) that it has received; and (b) deliver to the Monetary Authority a copy of any application under subsection (3) that it has received.(7) An application under subsection (1), (2) or (3) does not suspend the decision or assessment to which the application relates. (8) As soon as practicable after receipt of a copy of an application delivered under subsection (6), the Board or the Monetary Authority shall forward a copy of the decision or assessment together with all other relevant papers to the Tribunal. (9) On receipt of the copy of the decision or assessment, and of the papers, forwarded under subsection (8), the Tribunal shall review the decision or assessment in question and, after taking into account the stated grounds for the review, may make its determination to do the following— (a) confirm, vary or set aside the decision or assessment; (b) remit the matter to the Board or the Monetary Authority with any direction that it considers appropriate.(10) If the Tribunal sets aside a decision of the Board under section 13(3)(b) or (8)(d), the Tribunal may make such directions as it considers appropriate concerning the refund of the contribution that has been paid by the applicant. (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 deli |
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