The oversight of the designated clearing and settlement systems (CSSs) and the HKTR within the HKMA is performed by the Financial Market Infrastructure Oversight (FMIO) team under the Banking Conduct Department (BCD), which is segregated from the Financial Infrastructure Department (FID) of the HKMA to maintain checks and balances. The FID is a department within the HKMA responsible for the operation and development of the financial infrastructures in Hong Kong. There are effective “Chinese wall” arrangements to avoid any potential conflicts of interest. All information obtained by the FMIO team of the BCD during the oversight process is kept strictly confidential and solely used for oversight purposes.
The FMIO team aims at transparency in its oversight of the FMIs as far as this is compatible with the security of the various FMIs under its purview and the legitimate confidentiality of data handled by or relevant to these FMIs. Information regarding the oversight objectives, policies, the framework and the approach taken is available on the website and in various publications of the HKMA. The information will be updated from time to time if required. As mentioned above, the annual reports of the PRC, with the approval of the FS, are published in full on the HKMA website.
Under section 34(1) of the Ordinance, the Payment Systems and Stored Value Facilities Appeals Tribunal (PSSVFAT) is established to hear appeals from persons who are aggrieved by a decision of the MA on the following:-
The PSSVFAT is chaired by a judge and consists of a panel of independent members appointed by the Chief Executive of the Hong Kong Special Administrative Region. The Tribunal will only meet on a need basis. The Chairman and no fewer than two members chosen from the panel will form a Tribunal to hear appeals.