- (ii) the most senior of the remaining members is to preside, with seniority determined according to the priority of their appointments as judges of the Court of First Instance.
(3) If—
- (a) the presiding member has given a direction under subsection (1); or
- (b) the members and parties have agreed to proceed under subsection (2),
the Tribunal as so constituted is to be regarded as properly constituted.
147. Rules of evidence
In proceedings under this Ordinance, other than proceedings in which the Commission applies for an order for—
- (a) a pecuniary penalty under section 93; or
- (b) a financial penalty under section 169,
the Tribunal is not bound by the rules of evidence and may receive and take into account any relevant evidence or information, whether or not it would be otherwise admissible in a court of law.
148. Evidence that might tend to incriminate
(1) A person appearing before the Tribunal to give evidence, other than in proceedings in which the Commission applies for an order for—
- (a) a pecuniary penalty under section 93; or
- (b) a financial penalty under section 169,
is not excused from answering any question on the grounds that to do so might expose the person to proceedings referred to in subsection (3).
(2) No statement or admission made by a person answering any question put to the person, in any proceedings to which subsection (1) applies, is admissible in evidence against that person in proceedings referred to in subsection (3).
(3) The proceedings referred to in subsections (1) and (2) are—
- (a) proceedings in which the Commission applies for an order for—
- (i) a pecuniary penalty under section 93; or
- (ii) a financial penalty under section 169; and
- (b) any criminal proceedings, other than proceedings for—
- (i) an offence under section 55 (Providing false or misleading documents or information);
- (ii) an offence under Part V (Perjury) of the Crimes Ordinance (Cap. 200); or
- (iii) an offence of perjury.
