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

Part 6—Division 2
A807
Section 61
Ord. No. 15 of 2011

(b) remitting the matter to the specified authority with any directions it considers appropriate.

(2) If the Tribunal varies, or substitutes any other decision for, a specified decision under subsection (1)(a), the decision as varied or the other decision substituting for the specified decision may be any decision (whether more or less onerous than the decision varied or substituted) that the specified authority had power to make in respect of the person who makes the application for review in question, whether or not under the same provision as that under which the specified decision has been made.

(3) In reviewing a specified decision, the Tribunal must give the parties to the review a reasonable opportunity to be heard.

(4) For the purposes of proceedings before the Tribunal, matters of fact are to be established on a balance of probabilities.

61. Powers of Tribunal

(1) Subject to Schedule 4, the Tribunal may, for the purposes of a review, on its own initiative or on the application of any party to the review—

(a) receive and consider any material by way of oral evidence, written statements or documents, whether or not the material would be admissible in a court of law;
(b) determine the manner in which any material mentioned in paragraph (a) is received;
(c) by notice in writing signed by the chairperson of the Tribunal, require a person to attend before it at any sitting and to give evidence and produce any article, record or document in the person’s possession or control relating to the subject matter of the review;
(d) administer oaths;