Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 155
TABLE OF PROVISIONS
Long Title
1. Short title
2. Interpretation
3. Application
4. Banking Advisory Committee
5. Deposit-taking Companies Advisory Committee
6. (Repealed)
7. Functions of the Monetary Authority
8. (Repealed)
9. Reports by Monetary Authority
10. Power of Chief Executive to give directions
11. Banking business restricted to licensed banks
12. Restriction on business of taking deposits
13. Power to grant exemptions
14. Deposit-taking company not to take deposits less than specified sum
14A. Only authorized institutions may issue, etc. multi-purpose cards
15. Application for authorization, etc.
16. Grant or refusal of authorization, etc.
17. Application for authorization in the case of proposed company
18. Variation of authorization
19. Fees payable by authorized institutions
20. Register of authorized institutions, etc.
21. Publication of names entered in or removed from register and
suspensions
22. Revocation of authorization
23. Procedure on and effect of revocation of authorization
24. Temporary suspensions
25. Suspensions
26. Opportunity of being heard
27. Effect of suspension
28. Transfer of authorization
29. Application for transfer
30. Certificate of transfer, etc.
31. Liabilities and privileges of transferer and transferee
32. (Repealed)
33. (Repealed)
34. (Repealed)
35. (Repealed)
36. (Repealed)
37. (Repealed)
38. (Repealed)
39. (Repealed)
40. (Repealed)
41. (Repealed)
42. (Repealed)
43. (Repealed)
44. Control of establishment, etc. of local branches
45. Fees in respect of local branches
45A. Notification of commencement of business at local offices
46. Control of establishment, etc. of local representative offices
47. Supply of information and examination of local representative offices
48. Fees in respect of local representative offices
49. Control of establishment, etc. of overseas branches and overseas
representative offices
50. Conditions regarding overseas branches and overseas representative
offices
51. Fees in respect of overseas branches and overseas representative
offices
51A. Control of establishment, etc. of overseas banking corporations
52. Powers of Monetary Authority
53. Powers of Chief Executive in Council
53A. Notification of direction under section 52(1)(B) or (C), etc.
53B. Effect of direction under section 52(1)(C)
53C. Powers of Manager
53D. Court of First Instance may approve certain resolutions
53E. Court of First Instance may make certain orders
53F. Duration of direction under section 52(1)(B) or (C)
53G. Advisors, Managers and assistants
53H. Obstruction, etc. of Manger
54. (Repealed)
55. Examination and investigation of authorized institutions, etc.
56. Production of authorized institution's, etc., books, etc.
57. (Repealed)
58. (Repealed)
58A. Disciplinary action in respect of relevant individuals
59. Audit
59A. Notification in respect of auditors
59B. Notification by authorized institution of end of financial year, etc.
60. Publication of audited balance sheet, etc.
60A. Disclosure to the general public of information relating to financial
affairs
61. Communication by auditor with Monetary Authority
62. (Repealed)
63. Returns and information to be submitted to the Monetary Authority
63A. Auditor to report to Monetary Authority any matter which adversely
affects financial position of authorized institution to material
extent
63B. Auditors of registered institutions to submit report to Monetary
Authority in certain cases
64. Information on shareholding, etc.
65. Alteration in constitution
66. Authorized institution to notify Monetary Authority when it ceases to
take deposits
67. Duty to report inability to meet obligations
68. Examination by authorities outside Hong Kong
69. Amalgamation, etc. requires approval
70. Provisions applicable to persons proposing to become controllers, and
to certain existing controllers, of authorized institutions
incorporated in Hong Kong
70A. Objection to existing controllers
70B. Restrictions on and sale of shares
70C. Prohibition on certain persons acting as indirect controllers
70D. Punishment for attempted evasion of restrictions
71. Chief executives and directors require Monetary Authority's consent
71C. Executive officers of registered institutions require Monetary
Authority's consent
71D. Appointment of executive officers
71E. Grant of provisional consent in relation to persons seeking Monetary
Authority's consent under section 71C(1) to be executive officers
71F. Transitional provisions in relation to sections 71C and 71D in the
case of certain registered institutions
72. (Repealed)
72A. Monetary Authority may require specified persons to submit information
72B. Notification of appointment of manager, etc.
73. Certain persons prohibited from acting as employees of authorized
institutions except with consent of Monetary Authority
74. Appointment of chief executive
75. (Repealed)
76. (Repealed)
77. (Repealed)
78. (Repealed)
79. Interpretation and application
79A. Monetary Authority may require provisions of this Part to apply to
certain authorized institutions on a consolidated basis
80. Advance against security of own shares, etc.
81. Limitation on advances by authorized institutions
82. Monetary Authority may publish guidelines on business practices of
authorized institutions
83. Limitations on advances to directors, etc. of bank
84. (Repealed)
85. Limitation on advances to employees
86. Powers of Monetary Authority where moneys placed with foreign bank
87. Limitation on shareholding by authorized institutions
87A. Acquisition by authorized institutions incorporated in Hong Kong of
share capital in companies
88. Limitation on holding of interest in land by authorized institutions
89. (Repealed)
90. Limitation on aggregate holdings under sections 83, 87 and 88
91. Proof of compliance with section 80, 81, 83, 85, 86, 87, 88 or 90
92. Offence to issue advertisements, etc. relating to deposits
93. Fraudulent inducement to make a deposit
94. Liability in tort for inducing persons to make a deposit in certain
cases
95. False, etc. advertisements by authorized institution
96. Certain representations prohibited
97. Restrictions on use of name "bank"
97A. False statements as to authorized status
98. Capital adequacy ratio
98A. Calculation of capital adequacy ratio
99. Failure to keep to capital adequacy ratio
100. Remedial action
101. Monetary Authority may increase capital adequacy ratio for particular
authorized institutions
101A. Establishment of Capital Adequacy Review Tribunal
101B. Application to Review Tribunal
101C. Determination of review by Review Tribunal
101D. Registration of determination made by Review Tribunal
101E. Powers of Review Tribunal
101F. Sittings of Review Tribunal to be held in private
101G. Use of incriminating evidence given under compulsion
101H. Appeal to Court of Appeal
101I. Power of Chief Justice to make rules
102. Liquidity ratio
103. Failure to keep to liquidity ratio
104. Remedial action
105. Monetary Authority may vary liquidity ratio for particular authorized
institutions
106. Authorized institutions not to create certain charges and to notify
Monetary Authority of certain civil proceedings
107. (Repealed)
108. (Repealed)
109. (Repealed)
110. (Repealed)
111. (Repealed)
112. (Repealed)
113. (Repealed)
114. (Repealed)
115. (Repealed)
116. (Repealed)
117. Investigations on behalf of Financial Secretary
118. Powers of the inspector and offences in connection with the
investigation
118A. Only approved money brokers may act as money brokers
118B. Application for approval
118C. Determination of application for approval
118D. Revocation of approval
118E. Procedure on and effect of revocation of approval
118F. Fees payable by approved money brokers
119. Chief Executive in Council to decide whether or not banking business
or business of taking deposits is being conducted
120. Official secrecy
121. Disclosure of information relating to authorized institutions
122. Winding-up of authorized institutions
123. Offences by directors, chief executives, managers, trustees, employees
and agents
124. Prohibition on receipt of commission by staff
125. Search warrants and seizures
126. Defence where director or manager, etc. prosecuted
126A. Limit of time for complaint or information
127. Indemnity
128. (Repealed)
129. Validity of contract in contravention of this Ordinance or any
Ordinance repealed by this Ordinance
130. (Repealed)
131. Recovery of fees, expenses, etc.
131A. Cost related fees to be paid into Exchange Fund
132. Use of language
132A. Appeals
132B. Level of fines for offences under this Ordinance
133. Power of Monetary Authority to specify forms
134. Service of notices
134A. Monetary Authority to consult, etc., before attaching conditions to
authorization
134B. Monetary Authority to consult, etc., before attaching conditions to
certificate of approval
135. Power to amend Schedules
136. Consent of Secretary for Justice
137. (Amendments Incorporated)
137A. Exclusion of provisions of Gambling Ordinance (Cap 148)
137B. Prescribed instruments
138. Interpretation
139. Appointed members of former committees to continue in office
140. (Repealed)
141. Authorized and employed persons to continue to be authorized and
employed
142. Former applications for licences, etc. deemed to be applications
under this Ordinance
143. Former licences, etc. deemed to be licences, etc. under this
Ordinance
144. Date of payment of certain fees
145. Conditions attached to former licences, etc. deemed to be conditions
under this Ordinance
146. Suspension of former registration, etc. deemed to be suspension under
this Ordinance
147. Actions, etc. under Part IV of former Banking Ordinance deemed to
be actions under Part X of this Ordinance
148. Transitional provision in relation to certain letters of comfort
148A. Transitional provisions in relation to section 87
149. Transitional provisions in relation to amendments made by Banking
(Amendment) Ordinance 1990
150. Transitional provisions in relation to amendments made by Banking
(Amendment) (No. 2) Ordinance 1991
151. Savings in relation to Exchange Fund (Amendment) Ordinance 1992
152. Transitional provisions in relation to Banking (Amendment) Ordinance
1995
153. Transitional provisions in relation to Banking (Amendment) Ordinance
1997
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[ Note: This table has been automatically generated and may be incomplete. ]