Daciplinary wovisions.
Power of
Disciplinary Comencec with round 10 Oblálog evidence.
Leral kpresentadon.
Powers of Daciptinery
COMMBAS.
Disciplinary powers of the Comminet.
17. (1) A complaint that a member has acted in breach of any rule relating to the conduct of the business of banking made under section 12(1) shall be made in writing to the Chairman of the Committee who shall submit the complaint to the Committee which may, in its discretion, refer the complaint to the Disciplinary Committee.
(2) The Committee may act on its own information in referring a complaint to the Disciplinary Committee.
(0) The Disciplinary Committee shall notify the member in respect of which a complaint is made of the nature of the complaint and of the date, time and place fixed for a hearing of the complaint.
(4) The member in respect of which a complaint is made shall be entitled to appear at the hearing and present its cuse,
18 (1) For the purposes of the hearing of a complaint the Dis ciplinary Committee shall have the following powers--
(a) to take evidence on calb;
(5) to summon any employer of any member to attend the hearing to give evidence or produce any document or other thing in his possession and to examine him as a witness;
(c) to award to a witness such expenses as, in the opinion of the Disciplinary Committee, be has incurred by reason of his attendance.
(2) A summons to a witness shall be signed by the Chairman of the Disciplinary Committec.
19. At the hearing of a complaint-
(a) a member selected for the purpose by the Disciplinary Committes or a solicitor or counsel "an its behalf shall present the case against the member in respect of which the complaint is made; (5) the member in respect of which the complaint is made shall be
cotitled to be represented by a solicitor or counsel
30. If, after due inquiry, the Disciplinary Committee is satisfied that a complaint under section 17 is proved, the Disciplinary Committee may recommend to the Committee that it should impose or procure to be imposed on the member in respect of which a complaint is made any of the penalties referred to in section 21:
Provided that no such recommendation shall be made by the Dis- siplinary Committee unless the decision to make the recommendation is by an affirmative vote of not less than three quarters of the members of the Disciplinary Committee present and voting at the inquiry at which such recommendation is made.
21. (1) The Committee may, following a recommendation by the Disciplinary Committee, in its discretion impose or procure to be imposed on a member any of the following penalties for breach of any rule made pursuant to section (201)-
(a) a reprimand;
(8) after consultation with the Financial Secretary, the suspension
of membership for any period not exceeding 3 months;
(c) after consultation with the Financial Secretary, the suspension of facilitics for the clearing of cheques and other instruments of a member for any period not exceeding 3 months;
(d) with the approval of the Governor in Council, the expulsion of
a member from membership of the Association:
Provided that any decision to impose or procure the imposition of any penalty shall be made by an affirmative vote of not less than three quarters of the members of the Committee present and voting at the meeting at which such decision is taken.
(2) No appeal shall lie against the decision of the Committee to impose or procure to be imposed any penalty pursuant to subsection (1).
(3) Where a penalty is imposed pursuant to subsection (1), the Cam- mitled....
(2) may cause notice of the imposition of such penalty to be published
in the Gazette;
(6) shall give written notice to the Financial Secretary of such action
and the reasons therefor.
(4) Where the Committee, after consultation with the Financial Secretary, suspends or procures the suspension of clearing facilities pursuant to subsection (1)(c) then whilst such suspension is in force no member shall act as sub-clearer for the member whose clearing facilities have been sa suspended.
PART VI
TRANSITIONAL
22. (1) All property of whatever kind and whether movable or Tranfer at immovable vested in or belonging to the Exchange Banks' Association
d immediately before the commencement of this Ordinance is as from such
blk. Commencement transferred to and vested in the same interest in the Association without any further assurance and the Association shall have all powers necessary to take possession of, recover and obtain the benefit of such property.
(3) All rights, obligations and liabilities of the Exchange Banks" Association immediately before the commencement of this Ordinance are as from such commencement the rights, obligations and liabilities of the Association and the Association shall have all necessary powers to exercise or discharge the same.
13. (1) Every licensed bank which immediately before the commence. Other ment of this Ordinance holds office as a member of the general committee tarcitional of the Exchange Banks' Association shall, as from the commencement of previsione. this Ordinance, be a member of the Committee of the Association for the purposes of this Ordinance until the conclusion of the Arst annual general meeting of members which shall be convened as soon as practicable after the coming into force of by-laws made under section 6(1) relating to be convening of meetings of the Association.
(2) Where anything has been commenced by or under the authority of the Exchange Banks' Association before the commencement of this Ordinance such thing may be carried on and completed by, or under the authority of, the Association.
24. In any enactment containing reference to the Exchange Banks' Convential Association or the Hong Kong Exchange Banks' Association or words to josement the like effect, there shall be substituted for such reference a reference to cent The Hong Kong Association of Banks.
of other