Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions)
Ordinance
(3) Subsection (2) does not apply to criminal proceedings in which the person is charged with an offence under section 61(2)(a), or under Part V of the Crimes Ordinance (Cap. 200), or with perjury, in respect of the evidence, answer or information.
63. Contempt dealt with by Tribunal
(1) The Tribunal has the same powers as the Court of First Instance to punish for contempt.
(2) Without limiting the powers of the Tribunal under subsection (1), the Tribunal has the same powers as the Court of First Instance to punish for contempt, as if it were contempt of court, a person who, without reasonable excuse, engages in any conduct falling within section 61(2)(a), (b), (c), (d), (e) or (f).
(3) The Tribunal must, in the exercise of its powers to punish for contempt under this section, adopt the same standard of proof as the Court of First Instance in the exercise of the same powers to punish for contempt.
(4) Despite anything in this Ordinance—
- (a) no power may be exercised under this section to determine whether to punish a person for contempt in respect of any conduct if—
- (i) criminal proceedings have previously been instituted against the person under section 61(2) in respect of the same conduct; and
- (ii) those criminal proceedings remain pending or because of the previous institution of those criminal proceedings, no criminal proceedings may again be lawfully instituted against the person under that section in respect of the same conduct; and
