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(i) criminal proceedings have previously been instituted against the person under section 42(3) in respect of the same conduct; and

(ii) (A) those criminal proceedings remain pending; or

(B) by reason of the previous institution of those criminal proceedings, no criminal proceedings may again be lawfully instituted against that person under that section in respect of the same conduct;

(b) no criminal proceedings may be instituted against any person under section 42(3) in respect of any conduct if—

(i) any power has previously been exercised under or pursuant to this section to determine whether to punish the person for contempt in respect of the same conduct; and

(ii) (A) proceedings arising from the exercise of such power remain pending; or

(B) by reason of the previous exercise of such power, no power may again be lawfully exercised under or pursuant to this section to determine whether to punish the person for contempt in respect of the same conduct.

45. Appeal to Court of Appeal

(1) Where the Tribunal has delivered its determination under section 41(9)(a) or (b) on a review of—

(a) a decision or assessment of the Board; or

(b) a decision of the Monetary Authority,

the applicant, or the Board or the Monetary Authority (as the case may be), if dissatisfied with the determination, may appeal to the Court of Appeal against the determination on a point of law.

(2) The Court of Appeal may, in relation to a determination appealed against, do the following—

(a) confirm, vary or set aside the determination;

(b) remit the matter to the Tribunal with any direction that it

considers appropriate.

(3) The Rules of the High Court (Cap. 4 sub. leg. A) apply in relation to such an appeal to the extent that those Rules are not inconsistent with this Ordinance.

(4) In an appeal under this section, the Court of Appeal may make such order for payment of costs as it considers appropriate.