(9) The Authority shall, on receipt of the report referred to in subsection (8), provide a copy of that report to the trustee of the registered scheme in relation to which the investigation was conducted, may provide a copy of that report to any scheme member or to any other person that the Authority may determine to have an interest in that registered scheme, and may publish the report or any part of it.
(10) Nothing in this section shall require disclosure to an inspector appointed under subsection (2)—
- (a) by a solicitor of any privileged communication made to him in that capacity, except as respects the name and address of his client; or
- (b) by an authorized institution within the meaning of the Banking Ordinance (Cap. 155) relating to the affairs of a customer unless—
- (i) that customer is a person who the inspector has reason to believe may be able to give information relevant to the investigation; and
- (ii) the Authority is satisfied that the disclosure is necessary for the purposes of the investigation and certifies in writing that this is the case.
33. Suspension or removal of approved trustees
(1) The Authority may suspend or remove an approved trustee of a registered scheme in accordance with regulations made under section 46 if—
- (a) it appears to the Authority that the conduct of the approved trustee in relation to that registered scheme has, had or may have an adverse effect on the financial position of the registered scheme; or
- (b) the Authority has revoked the approval of the approved trustee in accordance with section 20(8).
(2) The suspension of an approved trustee of a registered scheme may be for such period or periods as the Authority may determine, and in such a case approval in respect of that approved trustee shall also be suspended.
(3) The Authority shall by notice in writing served on the approved trustee of a registered scheme who is suspended or removed under this section state the decision and the reasons for that decision.
(4) Upon the suspension or removal of an approved trustee of a registered scheme (“original approved trustee”) under this section the Authority shall appoint another approved trustee to take his place and act as the approved trustee of the registered scheme (“replacement approved trustee”) during the period of the suspension of the original approved trustee or until the vacancy created by the removal of that original approved trustee is filled.
