(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.