THE HONG KONG ASSOCIATION OF BANKS (DISCIPLINARY COMMITTEE PROCEEDINGS0 BY-LAWS

THE HONG KONG ASSOCIATION OF BANKS (DISCIPLINARY COMMITTEE PROCEEDINGS0 BY-LAWS

THE HONG KONG ASSOCIATION OF BANKS
(DISCIPLINARY COMMITTEE PROCEEDINGS) BY-LAWS

(cap. 364, section 6)

[29 June 1984.]

1. These by-laws may be cited as The Hong Kong Association
of Banks (Disciplinary Committee Proceedings) By-laws.

2. In these by-laws, unless the context otherwise requires

'affidavit' includes affirmation;

'ClerV means a member selected for the purpose by the Disciplinary
Committee or a solicitor or counsel on its behalf engaged by the
Disciplinary Committee to present the case against the member in
respect of which the complaint is made;

'Respondent' means any member against which a complaint had
been made in accordance with section 17 of the Ordinance.

3. Where a complaint has been referred to the Disciplinary
Committee under section 17 of the Ordinance and the Disciplinary
Committee is of the opinion that the particulars of the complaint do not
disclose a prima facie case for disciplinary action, the Disciplinary
Committee may recommend to the Committee that the complaint be
dismissed without requiring the Respondent to answer the allegations
and without hearing the complaint.

4. (1) Where in the opinion of the Disciplinary Committee the
complaint discloses a primafacie case against the Respondent, the
Disciplinary Committee shall, in accordance with the requirements of
section 17 of the Ordinance, fix the date, time and place for the hearing
of the complaint and the Clerk shall serve notice thereof on each party
to the disciplinary proceedings together with information as to the
nature of the complaint, and shall also give to the Respondent copies
of all documents available to the Disciplinary Committee related to the
complaint. The Respondent shall also be supplied with a set of these
by-laws and its attention will be drawn to Part V of the Ordinance.

(2) There shall be a period of not less than 14 days between the
service of any such notice and the date fixed for the hearing as the
Disciplinary Committee may direct.

(3) The notice of the hearing shall inform the Respondent that if it
falls to appear at the date, time and place specified the Disciplinary
Committee may procecd in its absence and shall further require the
Respondent to furnish to the Clerk at an address to be specified at least
7 days before the hearing copies of all documents upon which the
Respondent intends to rely at the hearing. .





5. The Disciplinary Committee may either as to the whole
case or as to any particular fact or facts proceed and act upon
evidence given by affidavit; provided however that any party to the
disciplinary proceedings may require the attendance upon summons
of any deponent to any such affidavit for the purpose of giving oral
evidence and of being cross-examined unless the Disciplinary Com-
mittee is satisfied that the deponent is absent from Hong Kong or is
for any other good and sufficient reason unable to give evidence in
person at the hearing.

6. The Disciplinary Committee may of its own motion or
upon the application of any party adjourn the hearing upon such
terms as the Disciplinary Committee shall think fit.

7. Shorthand notes of disciplinary proceedings may be taken
by a person appointed by the Disciplinary Committee and any party
to the proceedings shall be entitled to a copy of the transcript.

8. The Disciplinary Committee shall have general power to
extend or abridge the time for doing anything under these by-laws.

9. Unless the Disciplinary Committee otherwise orders, all
affidavits, books, papers, records and exhibits produced or used in
connexion with any disciplinary proceedings under the Ordinance or
these by-laws shall be retained by the Clerk until further order of the
Disciplinary Committee.

10. At any hearing under these by-laws the Disciplinary Com-
mittee may receive such evidence as the Disciplinary Committee
considers relevant to the hearing, whether it would be admissible in a
court of law or not.

11. Any party to disciplinary proceedings may by notice in
writing call upon any other party to admit any document as genuine
and if such other party desires to challenge the authenticity of the
document he shall within 6 days after service of such notice give
notice that he does not admit the document and requires it to be
proved at the hearing. If such other party fails to give notice of
non-admission within the said period it shall be deemed to have
admitted the document unless otherwise ordered by the Disciplinary
Committee.

12. The Disciplinary Committee may require a Respondent at
the commencement of disciplinary proceedings or on any later stage
thereof to specify which facts stated in the complaint are admitted
and which facts are not admitted.

13. Without prejudice to these by-laws, the procedure at and
conduct of disciplinary proceedings may be determined by the
chairman of the Disciplinary Committee.
L.N. 169/84. Citation. Interpretation. Recommendation for dismissal of complaint without a hearing. Notice of hearing, etc. Evidence by affidavit. Adjournments. Shorthand notes. Extension or abridgement of time. Retention of records, etc. Evidence at hearings. Admission of documents. Admission of facts. General power.

L.N. 169/84. Citation. Interpretation. Recommendation for dismissal of complaint without a hearing. Notice of hearing, etc. Evidence by affidavit. Adjournments. Shorthand notes. Extension or abridgement of time. Retention of records, etc. Evidence at hearings. Admission of documents. Admission of facts. General power.

https://oelawhk.lib.hku.hk/items/show/3351

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