12.6 Appeals Committee
The Appeals Committee shall comprise persons appointed by the SGX RegCo Board and approved by the Authority provided that:(a) the Appeals Committee shall not have a member who is, or who within three years of the proposed appointment date was, a Director, Officer or employee of:(i) SGX; or(ii) a related corporation of SGX.(b) a majority of the Appeals Committee shall not be Directors, Officers or employees of any member of SGX or SGX's subsidiaries; and(c) a majority of the Appeals Committee shall not be substantial shareholders of SGX or Directors, Officers or employees of any substantial shareholder of SGX.
The SGX RegCo Board shall appoint the chairman and the deputy chairman of the Appeals Committee. In the absence of the chairman, the deputy chairman will have all the powers of the chairman.
The Appeals Committee shall:(a) hear and decide appeals arising from decisions of the Disciplinary Committee; and(b) hear and determine appeals brought by a Trading Member, Chief Executive Officer or Trading Representative pursuant to Rule 2.24.3.
The Appeals Committee will determine the appeal by way of rehearing. It will only rehear that part of the decision of the Disciplinary Committee or SGX-ST that is appealed against.
Procedures may be issued in relation to Appeals Committee proceedings. The procedures are binding on all the parties to the proceedings and may be varied by the Appeals Committee as provided in the procedures or the Rules. Where any matter is not dealt with by the procedures or the Rules, the Appeals Committee may establish its own procedures.
Refer to the [Disciplinary Committee and Appeals Committee Handbook].
The Appeals Committee may hear and determine appeals concerning a Registered Person even if the Registered Person is no longer a Registered Person at the time of the Appeals Committee hearing, so long as the Registered Person was a Registered Person at the time of the alleged contravention.
The Appeals Committee may take any of the following actions:(a) dismiss the appeal;(b) uphold, reverse or vary the decision of the Disciplinary Committee;(c) uphold, reverse or vary specific findings of the Disciplinary Committee;(d) direct that SGX-ST take a specific course of action;(e) vary the sanctions imposed by the Disciplinary Committee; or(f) issue any other order that it deems appropriate.
In imposing sanctions, the Appeals Committee shall have all the powers of the Disciplinary Committee under Rule 12.5.7.
A Registered Person may apply to the Appeals Committee for, and the Appeals Committee may grant, an extension of the relevant timelines to comply with the sanctions imposed by the Appeals Committee.
A failure to comply with any sanction imposed by the Appeals Committee constitutes a breach of the Rules.
The Appeals Committee shall provide written grounds of its decision, which shall include any sanctions imposed against the Registered Person, within a reasonable period after the conclusion of the hearing.
The Appeals Committee shall cause its written grounds of decision to be published, unless the sanction imposed involves the issuance of a private reprimand. Where a private reprimand is issued by the Appeals Committee, the Appeals Committee shall determine whether the written grounds of decision are to be published, and if so, whether the written grounds of decision is to be published in part or in whole.
Each Registered Person irrevocably consents to the publication of the Appeals Committee's written grounds of decision pursuant to Rule 12.6.12. The consent will remain valid and effective notwithstanding that the Registered Person ceases to be a Registered Person. A Registered Person cannot initiate any action or proceeding against SGX-ST or the Appeals Committee for such publication.