303
(1) The Disciplinary Committee shall, as a tribunal of first instance, hear and determine charges brought by the Exchange against a Relevant Person for contravention of any Relevant Rule.
(2) The Disciplinary Committee shall comprise persons appointed by the SGX RegCo Board in consultation with the Authority, and shall not have a member who is, or who within 3 years of the proposed appointment date was, a director, officer or employee of:
(a) SGX; or
(b) a related corporation of SGX.
(3) The Disciplinary Committee shall hear and determine charges by convening a Disciplinary Committee hearing, subject to the following conditions:
(a) a Disciplinary Committee hearing shall have an initial quorum of 5 members, including the chairman or deputy chairman of the Disciplinary Committee, but may be concluded with a quorum of 3 members; and
(b) the quorum of a Disciplinary Committee hearing shall comprise at least 1 member with legal experience and the remaining members with any of the following experience:
(i) corporate finance experience
(ii) directorship experience in an issuer listed on the Exchange; and
(iii) accounting experience.
(4) The Disciplinary Committee may hear and determine charges against a Relevant Person even if the Relevant Person is no longer a Relevant Person at the time of the Disciplinary Committee hearing, so long as the Relevant Person was a Relevant Person at the time of the alleged contravention.
(5) Charges brought before the Disciplinary Committee shall be decided by a simple majority of votes by its members. In the case of an equality of votes, the chairman of the hearing shall be entitled to a casting vote.
(6) The chairman of the Disciplinary Committee has the following powers:
(a) the fixing of the date of the hearing;
(b) fixing the timelines for filing of documents for the hearing;
(c) determining if obtaining legal advice is necessary;
(d) determining if confidential information related to the proceedings may be disclosed to a third party;
(e) establishing procedures for the hearing which are not contrary to the Rules;
(f) determining if the composition of the Disciplinary Committee may be varied after the hearing has commenced; and
(g) determining all administrative and procedural matters relating to a hearing.
(7) In the absence of the chairman of the Disciplinary Committee, the deputy chairman of the Disciplinary Committee shall have all the powers of the chairman of the Disciplinary Committee.
(8) The Disciplinary Committee shall be supported by a secretariat which reports to the chairman of the Disciplinary Committee.
(9) The chairman of the Disciplinary Committee may delegate any of his powers or duties under Rule 303(6), 315(1), 315(2), 315(6) and 316(1) to any member of the Disciplinary Committee or the Disciplinary Committee secretariat.
(10) References to the chairman of the Disciplinary Committee in Rules 303(6), 315(1), 315(2), 315(6) and 316(1) shall refer to the deputy chairman or the member or secretariat who has been delegated the relevant powers of the chairman.
Added on 7 October 20157 October 2015 and amended on 15 September 201715 September 2017.
304
(1) The Appeals Committee shall hear and decide appeals arising from:
(a) decisions of the Disciplinary Committee;
(b) decisions of the Exchange relating to any of the following matters:
(i) rejection of an application for the extension of time to allow an issuer to restore its percentage of securities in public hands to at least 10% under Rule 723;
(ii) removal of an issuer from the Official List under Rule 746(5);
(iii) rejection of a proposal by a cash company to meet requirements for a new listing under Rule 1017(2);
(iv) rejection of an application for extension of time to meet requirements for a new listing under Rule 1017(2);
(v) rejection of a resumption proposal under Rule 1304;
(vi) rejection of an application for extension of time to submit or implement a resumption proposal under Rule 1304;
(vii) removal of an issuer from the Official List under Rule 1305;
(viii) rejection of a proposal by an issuer to voluntarily delist under Rule 1307;
(ix) suspension or restriction of activities undertaken by a sponsor or registered professional under Rule 305(3)(c)(xii); and
(x) revocation of the authorization of a sponsor or cancellation of the registration of a registered professional under Rule 305(3)(c)(xiii); and
(c) the enforcement actions taken by the Exchange under Rules 305(3)(c)(x), (xix) and (xx).
(2) The Appeals Committee shall comprise persons appointed by the SGX RegCo Board in consultation with the Authority, but shall not have a member who is, or who within 3 years of the proposed appointment date was, a director, officer or employee of:
(a) SGX; or
(b) a related corporation of SGX.
(3) The Appeals Committee shall hear and determine appeals by convening an Appeals Committee hearing, subject to the following conditions:
(a) an Appeals Committee hearing shall have an initial quorum of 5 members, including the chairman or deputy chairman of the Appeals Committee, but may conclude with a quorum of 3 members; and
(b) the quorum of an Appeals Committee hearing shall comprise at least 1 member with legal experience and the remaining members with any of the following experience:
(i) corporate finance experience
(ii) directorship experience in an issuer listed on the Exchange; and
(iii) accounting experience.
(4) The Appeals Committee may hear and determine appeals concerning a Relevant Person even if the Relevant Person is no longer a Relevant Person at the time of the Appeals Committee hearing, so long as the Relevant Person was a Relevant Person at the time of the alleged contravention or decision of the Exchange.
(5) Appeals brought before the Appeals Committee shall be decided by a simple majority of votes by its members. In the case of an equality of votes, the chairman of the hearing shall be entitled to a casting vote.
(6) The chairman of the Appeals Committee has the following powers:
(a) the fixing of the date of the hearing;
(b) fixing the timelines for filing of documents for the hearing;
(c) determining if obtaining legal advice is necessary;
(d) determining if confidential information related to the proceedings may be disclosed to a third party;
(e) establishing procedures for the hearing which are not contrary to the Rules;
(f) determining if the composition of the Appeals Committee may be varied after the hearing has commenced;
(g) determining if an appeal has satisfied the bases for appeal required under Rule 319(4), Rule 319(5) or Rule 319(6); and
(h) determining all administrative and procedural matters related to a hearing.
(7) In the absence of the chairman of the Appeals Committee, the deputy chairman of the Appeals Committee shall have all the powers of the chairman of the Appeals Committee.
(8) The Appeals Committee shall be supported by a secretariat which reports to the chairman of the Appeals Committee.
(9) The chairman of the Appeals Committee may delegate any of his powers or duties under Rules 304(6), 320(1), 320(2), 320(6) and 321(1) to any member of the Appeals Committee or the Appeals Committee secretariat.
(10) References to the chairman in Rules 304(6), 320(1), 320(2), 320(6) and 321(1) shall refer to the deputy chairman or the member or secretariat who has been delegated the relevant powers of the chairman.
Added on 7 October 20157 October 2015 and amended on 15 September 201715 September 2017, 7 February 20207 February 2020 and 1 August 2021.