Page:Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (Cap. 615).pdf/83

This page has been proofread, but needs to be validated.

Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions)
Ordinance

Part 6—Division 2
A815
Section 64
Ord. No. 15 of 2011

(b) no criminal proceedings may be instituted against a person under section 61(2) in respect of any conduct if—
(i) any power has previously been exercised under this section to determine whether to punish the person for contempt in respect of the same conduct; and
(ii) proceedings arising from the exercise of that power remain pending or because of the previous exercise of that power, no power may again be lawfully exercised under this section to determine whether to punish the person for contempt in respect of the same conduct.

64. Privileged information

This Part and Schedule 4 do not require an authorized institution, acting as the banker or financial adviser of a person who makes an application for review, to disclose information in relation to the affairs of any of its customers other than that person.

65. Costs

(1) The Tribunal may, in relation to a review, by order award to—

(a) any person whose attendance, whether or not as a witness, has been necessary or required for the purposes of the review; or
(b) any party to the review,

any sum that it considers appropriate in respect of the costs reasonably incurred by the person, or the party, in relation to the review and the application for review in question.

(2) Costs awarded under subsection (1) must be paid by, and are recoverable as a civil debt from—