Page:Mandatory Provident Fund Schemes Ordinance (Cap. 485).pdf/30

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A2194
Ord. No. 80 of 1995
MANDATORY PROVIDENT FUND SCHEMES

39. Case may be stated for Court of Appeal

(1) The Appeal Board may refer any question of law arising in an appeal to the Court of Appeal for determination by way of case stated.

(2) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment.

(3) Where a case is stated under subsection (1), the Appeal Board shall not determine the relevant appeal before the Court of Appeal determines the relevant point of law.

40. Offences relating to appeal

Any person who without reasonable excuse refuses or fails—

(a) to attend and give evidence when required to do so by the Appeal Board;
(b) to answer truthfully, and completely questions put to him by the Appeal Board;
(c) to produce any document which he is required by the Appeal Board to produce,

commits an offence and is liable on summary conviction to a fine at level 4.

PART VI
Miscellaneous

41. Preservation of secrecy

(1) Subject to sections 30 and 42 and subsection (2), any person who acquires any information (including any information contained in any report referred to in section 7(6)(d)) by virtue of his performance or assistance in the performance of functions under this Ordinance shall preserve secrecy with regard to such information, and without prejudice to the foregoing shall not—

(a) disclose such information to any other person except where such disclosure is necessary to such performance or assistance; or
(b) suffer or permit any other person to have access to such information except where such access is necessary for that other person to perform or assist in the performance of functions under this Ordinance.

(2) Nothing in this section shall be construed as prohibiting disclosure of such information in pursuance of a court order, a rule of law or a requirement made under a rule of law.

(3) Subsection (2) shall not apply to any information contained in any report referred to in section 7(6)(d).