14.6 Disciplinary Committee Proceedings
SGX-ST will give a person charged a written notice setting out particulars of the charge. In the case of an Approved Executive Director or a Trading Representative, a copy will be given to the Trading Member.
14.6.2 Response to Charge(1) The following procedures apply:—(a) The person charged may submit a Defence. It must be given to the Secretary of the Disciplinary Committee within 14 days from the date of the Notice of Charge.(b) SGX-ST may Respond to the Defence. It must be given to the person charged and the Secretary within 14 days of receipt of the Defence.(c) The person charged may Reply to the Response. It must be given to the Secretary within 14 days of receipt of the Response.(2) Time to comply with the deadlines may be extended by the Chairman of the Disciplinary Committee or his nominee. A written request for extension must be submitted within the deadline and must set out the grounds. The decision of the Chairman or his nominee is final and binding.(3) The Disciplinary Committee may hear a charge and exercise all its powers even if the person charged does not file a Defence or a Reply to the Response, or is not present at the hearing or any adjourned hearing.
14.6.3 Legal Representation before Disciplinary Committee(1) SGX-ST and the person charged may be represented by an advocate and solicitor.(2) The person charged must tell the Secretary of the Disciplinary Committee in writing of the name of his legal representative at least 14 days before the hearing of the charge.(3) The Disciplinary Committee may seek the advice of an advocate and solicitor.
14.6.4 Evidence(1) SGX-ST and the person charged may examine, and take copies of, the evidence which each of them intends to rely on at the hearing.(2) A person charged and the Trading Member (if applicable) must give SGX-ST a written undertaking not to disclose information received from SGX-ST in relation to the charge to any person, except the legal representative of the person charged for the purpose of the hearing or any appeal.(3) A breach of the undertaking constitutes a breach of the Rules.
14.6.5 Witnesses, Examination and Cross Examination(1) SGX-ST and the person charged may:—(a) examine and cross-examine witnesses; and(b) request the attendance of a witness.(2) The Disciplinary Committee may, in its absolute discretion:—(a) call for the attendance of any witness; and(b) allow or disallow a request for the attendance of a witness.(3) The Disciplinary Committee cannot compel the attendance of a witness.
14.6.6 Disciplinary Committee's Deliberation
Unless expressly permitted by the Chairman of the Disciplinary Committee, SGX-ST and the person charged must not be present during the deliberation of a charge by the Disciplinary Committee. Failure to observe this Rule does not vitiate any decision.
14.6.7 Decision of Disciplinary Committee(1) SGX-ST and the person charged may be present when the Disciplinary Committee announces its decision.(2) The Disciplinary Committee will record short written grounds of decision.(3) The Disciplinary Committee will give its written decision to SGX-ST and the person charged.
14.6.8 Notification of Decision(1) SGX-ST will notify all Trading Members, Approved Executive Directors and Trading Representatives of all charges established by the Disciplinary Committee (together with such details as SGX-ST thinks appropriate).(2) SGX-ST may make the decision public (together with such details as SGX-ST thinks appropriate). For avoidance of doubt, this includes publication of the following information:—(a) the particulars of the Trading Member, Approved Executive Director or Trading Representative. In the case of an Approved Executive Director or a Trading Representative, also the particulars of his or her Trading Member at the time;(b) the particulars of the charge;(c) the underlying facts in respect of the charge;(d) the findings and decision of the Disciplinary Committee or the Appeals Committee (as applicable);(e) the basis of the findings and decision of the Disciplinary Committee or the Appeals Committee (as applicable); and(f) the powers exercised by the Disciplinary Committee or the Appeals Committee (as applicable).(3) This Rule operates as irrevocable consent by a Trading Member, an Approved Executive Director and a Trading Representative for SGX-ST to publish or notify a decision. The consent remains valid and effective notwithstanding that the person ceases to be a Trading Member, Approved Executive Director or Trading Representative. A Trading Member, Approved Executive Director or Trading Representative cannot initiate any action or proceeding against SGX-ST or members of the Disciplinary Committee for publishing or notifying a decision under this Rule.