35. Enforcement

Past version: effective up to 20/08/2014
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(1) A person commits a contravention if he, without reasonable excuse:
(a) fails to comply with an order, notice, prohibition or requirement of the Financial Markets Tribunal under Article 34;
(b) having been required by the Financial Markets Tribunal under Article 34 to attend before such tribunal, leaves the place where his attendance is so required without the permission of such tribunal;
(c) hinders or deters any person from attending before the Financial Markets Tribunal, giving evidence or producing any item, record or document, for the purposes of any proceedings commenced under Article 33;
(d) threatens or causes any loss to be suffered by any person who has attended before the Financial Markets Tribunal, on account of such attendance;
(e) threatens or causes any loss to be suffered by any member of a Financial Markets Tribunal or any person assisting such tribunal at any time on account of the performance of his functions in that capacity;
(f) engages in conduct, including without limitation the:
(i) destruction of documents; or
(ii) giving of information that is false or misleading;
that is intended to obstruct the Financial Markets Tribunal in the exercise of any of its powers; or
(g) fails to pay a fine imposed under Article 34(4)(a).
(2) A person who commits a contravention under Article 35(1) is liable to a fine and may be subject to censure of the Financial Markets Tribunal, including by means of publication of a written notice of censure.
(3) Where a person fails to comply with an order, notice, prohibition or requirement of a Financial Markets Tribunal made under Article 34, the Court may, on application of:
(a) the Financial Markets Tribunal; or
(b) the Chief Executive at the request of the Financial Markets Tribunal;
make any order as it thinks fit to enforce such order, notice, prohibition or requirement.