(2) An arbitral tribunal must not make an order under subsection (1)(a) only on the ground that the claimant is—
- (a) a natural person who is ordinarily resident outside Hong Kong;
- (b) a body corporate—
- (i) incorporated under the law of a place outside Hong Kong; or
- (ii) the central management and control of which is exercised outside Hong Kong; or
- (c) an association—
- (i) formed under the law of a place outside Hong Kong; or
- (ii) the central management and control of which is exercised outside Hong Kong.
(3) An arbitral tribunal—
- (a) must, when making an order under subsection (1)(a), specify the period within which the order has to be complied with; and
- (b) may extend that period or an extended period.
(4) An arbitral tribunal may make an award dismissing a claim or stay a claim if it has made an order under subsection (1)(a) but the order has not been complied with within the period specified under subsection (3)(a) or extended under subsection (3)(b).
(5) Despite section 35(2), sections 39 to 42 apply, if appropriate, to an order under subsection (1)(d) as if a reference to an interim measure in those sections were an order under that subsection.
(6) Property is a relevant property for the purposes of subsection (1)(d) if—
- (a) the property is owned by or is in the possession of a party to the arbitral proceedings; and
- (b) the property is the subject of the arbitral proceedings, or any question relating to the property has arisen in the arbitral proceedings.
(7) Unless otherwise agreed by the parties, an arbitral tribunal may, when conducting arbitral proceedings, decide whether and to what extent it should itself take the initiative in ascertaining the facts and the law relevant to those arbitral proceedings.
(8) Unless otherwise agreed by the parties, an arbitral tribunal may—
- (a) administer oaths to, or take the affirmations of, witnesses and parties;
- (b) examine witnesses and parties on oath or affirmation; or
- (c) direct the attendance before the arbitral tribunal of witnesses in order to give evidence or to produce documents or other evidence.
