Notice calling for claims against the fund.
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a partner of a member firm or a director of a corporate member to perform a legal obligation, any other partner of that firm who has made payment to any person in compensation for loss sustained by him as a result of that failure or, where a corporate member or director of a corporate member has made such a payment, that corporate member, or director, shall be subrogated to the extent of that payment to all the rights and remedies of that person against the compensation fund if the Council of the Federation considers, having regard to all the circumstances, that he--
(a) was in no way party to the default which resulted in the
failure to perform that obligation; and
(b) acted honestly and reasonably in the matter.
(2) If any partner of the firm, or any corporate member or director of a corporate member, is aggrieved by the decision of the Council of the Federation under subsection (1), he or it may, within 28 days after receipt of notice of the decision, appeal to the Commission against the decision.
(3) An appellant shall, on the same day as lodging a notice of appeal with the Commission, lodge a copy of the notice with the Council of the Federation.
(4) The Commission shall inquire into and decide on the appeal and, if the Commission considers having regard to all the circumstances that the appellant-
(a) was in no way a party to the default in question; and (b) acted honestly and reasonably in the matter,
it may direct that the appellant shall, to the extent of any payment made by him, be subrogated to all the rights and remedies in relation to the compensation fund of the person to whom he or it has made payment in compensation.
112. (1) The Council of the Federation may cause to be published in one or more English language newspapers and one OT more Chinese language newspapers. published daily and circulating generally in Hong Kong, a nolice specifying a date, not being earlier than 3 months after publication of the notice, on or before which claims for compensation from the compensation fund may be made in relation to the person specified in the notice.
(2) Where any person wishes to claim compensation under this Part, he shall lodge his claim in writing with the Council of the Federation-
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(a) if a notice under subsection (1) has been published, oo
or before the date specified in the notice; or
(5) if no such notice has been published, within 6 months after the claimant became aware of the default giving rise to the claim.
(3) Any claim which is not made within the time limited by subsection (2) shall, unless the Council of the Federation otherwise determines, be barred.
(4) An action for damages shall not lie against the Federation or against any member or employee of the Federation or against any member of the Council of the Federation by reason of any notice published for the purposes of this section in good faith and without malice.
113. (1) Where the Council of the Federation is satisfied that a claim made under section 109 is a proper claim, it shall, subject to this Part, make a determination allowing the claim.
(2) If the Council is not satisfied as to the propriety of a claim under section 109, it shall make a determination disallowing the claim or, if it is satisfied only as to the propriety of part of such a claim, it shall make a determination allowing the claim as to that part.
(3) Where the Council of the Federation makes a determina- tion under subsection (1) or subsection (2), it shall forthwith serve notice of its determination in writing on the claimant or on his solicitor and deliver a copy of the notice to the Commission.
(4) If the Council of the Federation disallows or only partially allows a claim against the compensation fund, the deter- mination of the Council shall specify the reasons for the disal- lowance or, as the case may be, partial allowance.
(5) If, in the case of any particular claim, after taking into accouni all ascertained and contingent liabilities of the compensa- tion fund, the Council of the Federation considers that the assets of the fund so permit, it may, with the prior approval of the Commission, allow in respect of a claim which is in excess of the total amount limited by or under section 109 such additional sum in or towards the compensation of the claimant as it thinks fil.
(6) The receipt of a copy of a notice under subsection (3) notifying the allowance or partial allowance of a claim is sufficient authority for the Commission to pay to the claimant the amount allowed under this section.
Power of the Council
of Federa- tion i respect
claims.
of