TNAG-2755-FCO40-3972-Banking-situation-in-Hong-Kong-1993 — Page 50

C C

C C

1986 Ed.]

Overseas Trust Bank (Compensation of [CAP. 379 Registered Holders of Shares Regulations

whatsoever received or made by or produced or disclosed to the Tribunal, used in the course of the hearing or obtained under an order made under paragraph (2), save that nothing in this paragraph shall prevent the publication of any determination of which notice has been given under regulation 15(1) or of any matter disclosed under regulation 15(2).

(4) An accountant mentioned in paragraph (2) may report to the Tribunal, the registered holders of shares or the Financial Secretary Incorporated, as may be appropriate, but nothing in this paragraph shall authorize him to disclose any of the matters mentioned in paragraph (1).

(5) In this regulation "company" includes a subsidiary.

11. (1) Any-

(a) exercise by the Chairman of any discretion under these

regulations; or

(b) decision or determination by the Tribunal as to law or fact.

shall, subject to paragraph (4), be final.

(2) Subject to paragraph (3) a decision or determination of any 2 members of the Tribunal shall be the decision or determina- tion (as the case may be) of the Tribunal and in the event that no 2 members agree the decision or determination of the Chairman shall be the decision or determination (as the case may be) of the Tribunal.

(3) On questions of law the decision of the Chairman shall be the decision of the Tribunal.

(4) The Tribunal shall have power to correct any mistake or error in any decision or determination or the reasons for any determination.

12. (1) The Tribunal shall. subject to paragraph (2). have power---

(a) for the purpose of regulation 7, to determine who is a

registered holder of shares:

(b) to appoint one or more registered holders of shares to

make representations on behalf of the registered holders of shares or any group thereof:

(c) to order that representations by registered holders of shares shall only be made by a person appointed under sub-paragraph (b):

(d) to receive and consider any material whether by way of oral evidence, written statements, documents or otherwise. notwithstanding that such material would not be admis- sible in evidence in civil or criminal proceedings:

A 5

[Subsidiary]

Decisions of the Tribunal.

Powers of the Tribunai.