1964_SECURITIES_AND_FUTURES_COMMISSION_ORDINANCE — Page 34

34

CAP. 24]

Securities and Futures Commission

[1989 Ed.

recoverable by the person to whom they are payable under such rules as a civil debt.

(10) Any person who, without reasonable excuse, refuses or fails---

(a) to attend and give evidence when required to do so by a tribunal hearing an appeal under this Part; or

(b) to answer truthfully and fully questions put to him by a member of such tribunal; or

(c) to produce any record or other document which he is required by such tribunal to produce,

commits an offence.

22. Case stated

(1) The tribunal hearing an appeal under this Part may by way of a case stated refer to the Court of Appeal, for its opinion thereon, any question of law relating to the appeal.

(2) A case may be stated under this section by a tribunal either of its own motion or on the application in accordance with subsection (4) of any party to the relevant appeal.

(3) (a) A case stated under this section by a tribunal of its own motion shall be stated before the tribunal determines the relevant appeal and be signed by the person presiding at the hearing of such appeal.

(b) Where a case is stated under this section by a tribunal of its own motion, the tribunal shall not determine the relevant appeal until after the opinion of the Court of Appeal on the case has been given.

(4) The following provisions shall apply to any application under subsection (2)-

(a) the application shall be in writing and, subject to paragraph (b), shall be sent to the chairman of the Panel after the determination of the relevant appeal and be accompanied by the fee specified in an order made for the purposes of this subsection by the Governor in Council;

(b) the application shall be received by the chairman of the Panel before the expiration of the period of 14 days beginning on the day on which such appeal is determined;

(c) the party making the application shall at the same time send a copy thereof to any other party to such appeal;

(d) on receipt of the application the chairman of the Panel shall reconvene the tribunal by which such appeal was determined; and

(e) the tribunal shall, as soon as may be, consider the application and may allow or refuse it, and its decision shall be final and shall not be appealable.