TNAG-2755-FCO40-3972-Banking-situation-in-Hong-Kong-1993 — Page 49

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CAP. 3791

Overseas Trust Bank (Compensation of Registered Holders of Shares) Regulations

[1986 Ed.

(Subsidiary]

Attendance and representation at hearing.

(Cap. 87.)

Hearings to be in private.

Disclosure and discovery.

(4) The Chairman shall fix a day for the first hearing and shall give notice of that date, by notice in writing signed by him, to the Financial Secretary Incorporated, the company and-

(a) in the event that the Tribunal has exercised its powers under regulation 12(1)(b), any registered holder of shares appointed pursuant thereto; or

(b) in the event that the Tribunal has decided not to exercise its powers under regulation 12(1)(b), every registered holder of shares who has given notice under paragraph (2).

8.

At the hearing referred to in regulation 7—

(a) any registered holder of shares to whom notice has been given under regulation 7(4) may, subject to any directions given by the Chairman as to time and location, attend and make representations, and may be represented by counsel or a solicitor:

(b) the Financial Secretary Incorporated may make represen- tations and may be represented by counsel or a solicitor or by a legal officer within the meaning of the Legal Officers Ordinance:

(c) the company may make representations in relation to such matters as may be determined by the Tribunal and may be represented by counsel or a solicitor.

9. All hearings of the Tribunal shall be conducted in private and the Chairman shall determine who may be present and may exclude any person including a person mentioned in regulation 8 from any part of the hearing.

10. (1) Subject to paragraph (2), the company or any direc- tor. servant, auditor. adviser or agent thereof shall not be required to disclose to any person or to the Tribunal any information or to produce to any person or to the Tribunal any document, as to the affairs of any of the customers of the company or the relationship between the company and any other bank or other financial institution.

(2) The Tribunal may, by order in writing, require the com- pany and any director, servant. auditor, adviser or agent thereof to disclose or produce to an accountant appointed by the Tribunal under regulation 12(1)(j) or (k) or to an accountant employed to advise the Financial Secretary Incorporated. such of the matters mentioned in paragraph (1) as may be necessary for that accountant properly to advise the Tribunal, the registered holders of shares or the Financial Secretary Incorporated.

(3) Except as provided in this regulation no person shall publish or otherwise disclose any evidence, submission, document. information, decision, determination, statement or other matter

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