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BANKING ORDINANCE - SECT 2
Interpretation
Caution: This is a past version. See the current version here.
(1) In this Ordinance, unless the context otherwise requires- "accounts"
(帳目) means any accounts, whether kept in writing or print or by any
machine or device; "advertisement" (廣告) includes every form of
advertising, whether made orally or produced mechanically, electronically,
magnetically, optically, manually or by any other means; (Replaced 32 of 2001
s. 2) "Advisor" (顧問), in relation to an authorized institution, means the
person appointed, pursuant to section 52(1)(B), to be the Advisor of the
institution; (Added 49 of 1995 s. 2) "approval" (核准)-
(a) in relation to a company proposing to act as a money broker, means the
approval of the company under section 118C(1)(a) to act as a
money broker;
(b) in relation to a money broker, means the certificate of approval held
by the broker; (Added 4 of 1997 s. 3) "approved currency"
(核准貨幣) means a currency-
(a) freely convertible into Hong Kong dollars; or
(b) approved by the Monetary Authority; (Added 64 of 1987 s. 2. Amended 82
of 1992 s. 11) "approved money broker" (核准貨幣經紀) means a
money broker which holds a valid certificate of approval; (Added 4 of
1997 s. 3) "associate" (相聯者), in relation to a person entitled
to exercise, or control the exercise of, voting power in relation to,
or holding shares in, a company, means any other person in respect of
whom that first-mentioned person has an agreement or arrangement,
whether oral or in writing, express or implied, with respect to the
acquisition, holding or disposal of shares or other interests in that
company or under which they act together in exercising their voting
power in relation to it; (Added 95 of 1991 s. 2) "auditor" (核數師)
means a professional accountant holding a practising certificate under
the Professional Accountants Ordinance ( Cap 50); "authorization"
(認可) means, as the case requires-
(a) the authorization under section 16 of a company to carry on
banking business, a business of taking deposits as a deposit-taking
company or a business of taking deposits as a restricted licence bank,
as the case may be;
(b) the banking licence, registration or restricted banking licence, as
the case may be, held by an authorized institution; (Added 49 of 1995
s. 2) "authorized institution" (認可機構) means-
(a) a bank; (Amended 3 of 1990 s. 2)
(b) a restricted licence bank; or (Replaced 3 of 1990 s. 2)
(c) a deposit-taking company; (Added 3 of 1990 s. 2) "authorized
institution incorporated in Hong Kong"
(在香港成立為法團的認可機構) means an
authorized institution incorporated in Hong Kong by or under the
Companies Ordinance ( Cap 32) or any other Ordinance and any reference
to a bank incorporated in Hong Kong, a deposit-taking company
incorporated in Hong Kong or a restricted licence bank incorporated in
Hong Kong shall be construed accordingly; (Amended 3 of 1990 s. 2)
"authorized institution incorporated outside Hong Kong"
(在香港以外成立為法團的認可機構) means an
authorized institution incorporated by or under the law or other
authority in any place outside Hong Kong; (Amended 3 of 1990 s. 2; 94
of 1993 s. 2) "automated teller machine" (自動櫃員機) means a
terminal device, whether installed by an authorized institution or by
some other person, which is linked directly or indirectly to a
computer system used by an authorized institution and which provides
facilities to customers of the
institution; (Replaced 32 of 2001 s. 2)
"bank" (銀行) means a company which holds a valid banking licence; (Amended
43 of 1990 s. 2) "Banking Advisory Committee" (銀行業務諮詢委員會)
means the Banking Advisory Committee established by section 4; "banking
business" (銀行業務) means the business of either or both of the
following-
(a) receiving from the general public money on current, deposit, savings
or other similar account repayable on demand or within less than the
period specified in item 1 of the First Schedule or with a period of
call or notice of less than that period; (Amended 4 of 1997 s. 3)
(b) paying or collecting cheques drawn by or paid in by customers;
"banking licence" (銀行牌照) means a banking licence granted under
section 16 ; (Amended 43 of 1990 s. 2) "capital adequacy ratio"
(資本充足比率) means the capital adequacy ratio referred to in
section 98; "certificate of approval" (核准證明書) means a
certificate of approval attached to a notice under section 118C(1)(a)
served on a company; (Added 4 of 1997 s. 3) "certificate of
registration" (註冊證明書) means a certificate of registration-
(a) granted under section 119 of the Securities and Futures Ordinance (
Cap 571); and
(b) which is in force; (Added 6 of 2002 s. 2) "chief executive"
(行政總裁), in relation to an authorized institution, means the
chief executive appointed under section 74 in respect of the
institution, and includes an alternate chief executive so appointed;
(Amended 95 of 1991 s. 2) "company" (公司) means a body corporate-
(a) incorporated under the Companies Ordinance ( Cap 32);
(b) incorporated by any other Ordinance; or
(c) incorporated outside Hong Kong; (Amended 94 of 1993 s. 2) "controller"
(控權人), in relation to a company-
(a) means, in respect of all the provisions of this Ordinance, any person
who is-
(i) an indirect controller; or
(ii) a majority shareholder controller; and
(b) includes, in respect of the provisions of Part XIII, any person who is
a minority shareholder controller, of that company, and references in
this Ordinance to "control" (控制) shall be construed accordingly;
(Replaced 95 of 1991 s. 2) "currency" (貨幣) includes-
(a) the European Currency Unit; and
(b) any medium of exchange the subject of a declaration under subsection
(5)(a) which is in force; (Added 94 of 1993 s. 2) "dealing service"
(交易服務) means a service, whether or not offered in person or by
electronic means or otherwise, whereby the persons to whom the service
is provided are given the ability to quote bid or offer prices or
rates-
(a) for the purpose of effecting an agreement of any type referred to in
paragraph (a) of the definition of "money broker" (and whether or not
any such agreement is effected); and
(b) which may be-
(i) accepted by any of those other persons to whom they are quoted;
or
(ii) matched pursuant to the service; (Added 4 of 1997 s. 3)
"deposit" (存款)-
(a) means a loan of money-
(i) at interest, at no interest or at negative interest; or
(ii) repayable at a premium or repayable with any consideration in
money or money's worth; but
(b) does not include a loan of money-
(i) upon terms involving the issue, by any company, of debentures
or other securities in respect of which a prospectus has been
registered under the Companies Ordinance ( Cap 32); (Replaced
64 of 1987 s. 2)
(ii) upon terms referable to the provision of property or services;
or
(iii) by one company to another (neither company being an
authorized institution) at a time when one is a subsidiary of
the other or both are subsidiaries of another company, and
references in this Ordinance to the taking or the making of a
deposit shall be construed accordingly; "depositor" (存款人)
means a person entitled to repayment of a deposit, whether made
by him or not; "Deposit-taking Companies Advisory Committee"
(接受存款公司諮詢委員會) means the
Deposit-taking Companies Advisory Committee established by
section 5; "deposit-taking company" (接受存款公司) means
a company which is currently registered; (Replaced 3 of 1990 s.
2. Amended 49 of 1995 s. 2) "director" (董事) includes any
person who occupies the position of director, whatever the
title of his office; "document" (文件) includes any
publication (including a newspaper, magazine, journal or other
periodical publication, a poster or notice, a circular,
brochure, pamphlet or handbill, or a prospectus)-
(a) directed at, or likely to be accessed or read (whether concurrently or
otherwise) by, members of the public; and
(b) whether produced mechanically, electronically, magnetically,
optically, manually or by any other means; (Replaced 32 of 2001 s. 2)
"Exchange Fund" (外匯基金) means the Exchange Fund established
under the Exchange Fund Ordinance ( Cap. 66); (Added 82 of 1992 s. 11)
"executive officer" (主管人員), in relation to a
registered institution, means an executive officer appointed under
section 71D in respect of the institution; (Added 6 of 2002 s. 2)
"exercise" (行使), in relation to a function, includes perform and
discharge; (Added 95 of 1991 s. 2) "former auditor" (前核數師)
means a person who was formerly the auditor of an
authorized institution or a former authorized institution; (Added 43
of 1990 s. 2) "former authorized institution" (前認可機構) means
an institution which was formerly a bank, a restricted licence bank or
a deposit-taking company; (Added 43 of 1990 s. 2) "functions" (職能)
includes powers and duties; "holding company" (控股公司) and
"subsidiary" (附屬公司) have the same meaning as in the
Companies Ordinance ( Cap 32); "incorporated outside Hong Kong"
(在香港以外成立為法團) includes established, by whatever
means, outside Hong Kong; (Added 94 of 1993 s. 2) "indirect
controller" (間接控權人), in relation to a company, means any
person in accordance with whose directions or instructions the
directors of the company or of another company of which it is a
subsidiary are accustomed to act, but does not include a Manager or
Advisor, or any person in accordance with whose directions or
instructions those directors are accustomed to act by reason only that
they act on advice given by him in his professional capacity; (Added
95 of 1991 s. 2. Amended 49 of 1995 s. 2) "invitation" (邀請)
includes an offer and an invitation, whether made orally or produced
mechanically, electronically, magnetically, optically, manually or by
any other means; (Added 32 of 2001 s. 2) "issue" (發出), in relation
to any advertisement, invitation or document, includes publishing,
circulating, distributing or otherwise disseminating the
advertisement, invitation or document, whether-
(a) by any visit in person;
(b) in a newspaper, magazine, journal or other periodical publication;
(c) by the display of posters or notices;
(d) by means of circulars, brochures, pamphlets or handbills;
(e) by an exhibition of photographs or cinematography films;
(f) by way of sound broadcasting or television;
(g) by computer or other electronic device; or
(h) by any other means, whether mechanically, electronically,
magnetically, optically, manually or by any other medium, or by way of
production or transmission of light, image or sound or any other
medium,
and also includes causing or authorizing the advertisement, invitation or
document to be issued; (Replaced 32 of 2001 s. 2) "liquidity ratio"
(流動資產比率) means the liquidity ratio referred to in section 102;
"local branch" (本地分行), in relation to-
(a) an authorized institution which is a bank, means-
(i) in the case of a bank incorporated in Hong Kong, a place of
business thereof in Hong Kong, other than its principal place
of business in Hong Kong or any automated teller machine, at
which it carries on- (A) banking business; or (B) any other
business whereby it may incur financial exposure mentioned in
section 81(2),
and to which members of the public ordinarily have physical access for the
purposes of that business;
(ii) in the case of a bank incorporated outside Hong Kong, a place
of business thereof in Hong Kong, other than its principal
place of business in Hong Kong or any automated teller machine,
at which it carries on- (A) banking business; or (B) any other
business whereby it may incur financial exposure mentioned in
section 81(2),
and to which members of the public ordinarily have physical access for the
purposes of that business; and
(b) an authorized institution which is a deposit-taking company or a
restricted licence bank, means a place of business in Hong Kong of the
deposit-taking company or the restricted licence bank, other than its
principal place of business in Hong Kong or any automated teller
machine, at which it carries on-
(i) the business of taking deposits; or
(ii) any other business whereby it may incur financial exposure
mentioned in section 81(2), and to which members of the public
ordinarily have physical access for the purposes of that
business; (Replaced 32 of 2001 s. 2) "local office"
(本地辦事處), in relation to an authorized institution-
(a) subject to paragraph (b), means a place of business of the institution
in Hong Kong from which any business of the institution is promoted or
assisted and to which members of the public ordinarily have physical
access for the purposes of that business;
(b) does not include-
(i) the institution's principal place of business in Hong Kong;
(ii) a local branch established or maintained by the institution;
(iii) an automated teller machine;
(iv) a place of business of the institution used solely for the
purposes of the administration of the affairs or business of
the institution or the processing of transactions; or
(v) a place of business of the institution, or a place of business
of the institution belonging to a class of places of business,
declared in a notice under subsection (14)(ca) not to be a
place of business, or a class of places of business, as the
case may be, for the purposes of this definition; (Added 32 of
2001 s. 2) "local representative office"
(本地代表辦事處) means an office in Hong Kong of a bank
within the meaning of section 46(9); (Replaced 94 of 1993 s. 2)
"majority shareholder controller" (大股東控權人), in
relation to a company, means any person who, either alone or
with any associate or associates, is entitled to exercise, or
control the exercise of, more than 50% of the voting power at
any general meeting of the company or of another company of
which it is a subsidiary; (Added 95 of 1991 s. 2) "Manager"
(經理人), in relation to an authorized institution, means
the person appointed, pursuant to section 52(1)(C), to be the
Manager of the institution; (Added 49 of 1995 s. 2) "manager"
(經理)-
(a) subject to paragraph (c), in relation to an authorized
institution incorporated in Hong Kong, means any individual, other
than a director or chief executive of the institution, appointed by
the institution, or by a person acting for or on behalf of or by an
arrangement with the institution, to be principally responsible,
either alone or with others, for the conduct of any one or more of the
affairs or business of the institution specified in the Fourteenth
Schedule;
(b) subject to paragraph (c), in relation to an authorized
institution incorporated outside Hong Kong, means any individual,
other than a chief executive of the institution, appointed by the
institution, or by a person acting for or on behalf of or by an
arrangement with the institution, to be principally responsible,
either alone or with others, for the conduct of any one or more of the
affairs or business in Hong Kong of the institution specified in the
Fourteenth Schedule;
(c) does not include a person, or a person belonging to a class of
persons, declared in a notice under subsection (14)(cb) not to be a
manager, or a class of managers, as the case may be, for the purposes
of this definition; (Replaced 32 of 2001 s. 2) "minority shareholder
controller" (小股東控權人), in relation to a company, means any
person who, either alone or with any associate or associates, is
entitled to exercise, or control the exercise of, 10% or more, but not
more than 50%, of the voting power at any general meeting of the
company or of another company of which it is a subsidiary; (Added 95
of 1991 s. 2) "Monetary Authority" (金融管理專員) means the
Monetary Authority appointed under section 5A of the
Exchange Fund Ordinance ( Cap 66); (Added 82 of 1992 s. 11) "money at
call" (短期通知款項) means money payable within not more than 24
hours of a demand therefor, but does not include money payable on
demand; "money broker" (貨幣經紀)-
(a) subject to paragraph (b), means a person who, for reward
(whether by way of commission, fees or otherwise), carries on the business in
or from Hong Kong, or provides to persons in Hong Kong the service, of
negotiating, arranging or facilitating, whether by electronic means or
otherwise, agreements between other persons-
(i) in respect of- (A) the making of a deposit of any currency; (B)
the purchase or sale of any currency, and whether or not the
currency the subject of the purchase or sale is to be received
or delivered immediately or at any future time or upon the
happening of any future occurrence; or (C) the purchase or sale
of an instrument, or an instrument belonging to a class of
instruments, declared in a notice under subsection
(14)(a) to be an instrument, or a class of instruments, as the case may be,
for the purposes of this definition;
(ii) one of which is an authorized institution; and
(iii) as agent for, or as the provider of a dealing service to, not
less than one of those persons;
(b) does not include an authorized institution or-
(i) subject to paragraph (c), a person acting as a money broker
where the person is so acting wholly ancillary or incidentally
to a business carried on by the person which, if the business
is, or were to be, carried on in or from Hong Kong , is not, or
would not be, as the case may be, the business of acting as a
money broker; or
(ii) a person, or a person belonging to a class of persons, declared
in a notice under subsection (14)(b) not to be a person, or a
class of persons, as the case may be, for the purposes of this
definition;
(c) includes a person, or a person belonging to a class of persons,
declared in a notice under subsection (14)(c) to be a person, or a
class of persons, as the case may be, to whom paragraph (b)(i) shall
not apply; (Added 4 of 1997 s. 3) "multi-purpose card"
(多用途儲值卡)-
(a) subject to paragraph (b), means a stored value card other than a
single-purpose card;
(b) does not include a stored value card, or a stored value card belonging
to a class of stored value cards, declared in a notice under
subsection (14)(d) not to be a stored value card, or a class of
stored value cards, as the case may be, for the purposes of this
definition; (Added 4 of 1997 s. 3) "opportunity of being heard"
(陳詞機會) means a reasonable opportunity of being heard; (Added
6 of 2002 s. 2) "overseas branch" (海外分行) means a branch
outside Hong Kong of an
authorized institution incorporated in Hong Kong, at which it carries
on banking business or a business of taking deposits, as the case may
be, whether or not the business of the branch is limited by the laws
or regulations of the place in which the branch is situated and
whether or not the branch is referred to as an agency in such place;
"overseas representative office" (海外代表辦事處) means an
office outside Hong Kong, other than an overseas branch, of an
authorized institution incorporated in Hong Kong; "public"
(公眾人士) means the public of Hong Kong, and includes any class
of that public; (Added 32 of 2001 s. 2) "recognized stock market"
(認可證券市場) has the same meaning as in section 1 of Part 1 of
Schedule 1 to the Securities and Futures Ordinance ( Cap 571); (Added
5 of 2002 s. 407) "register" (紀錄冊) means the register maintained
under section 20; (Replaced 49 of 1995 s. 2) "registered" (註冊)
means registered under section 16; (Replaced 49 of 1995 s. 2)
"registered institution" (註冊機構) means an
authorized institution-
(a) to which section 25(a) or 32 of Schedule 10 to the Securities
and Futures Ordinance ( Cap 571) applies; or
(b) granted a certificate of registration; (Added 6 of 2002 s. 2)
"regulated activity" (受規管活動), in relation to a
registered institution, means a regulated activity-
(a) within the meaning of Schedule 1 to the Securities and Futures
Ordinance ( Cap 571); and
(b) in respect of which the institution is registered-
(i) to carry on the activity; and
(ii) by virtue of- (A) in the case of an institution falling within
paragraph (a) of the definition of "registered institution",
section 25(a) or 32 of Schedule 10 to the
Securities and Futures Ordinance ( Cap 571); (B) in any other
case, the certificate of registration granted to it; (Added 6
of 2002 s. 2) "require" (要求) means reasonably require;
(Added 32 of 2001 s. 2) "reserves" (儲備), in relation to an
authorized institution, means reserves which appear in the
accounts of the institution, but does not include any reserves
which are represented by the writing down of the value of
assets or by provision for the depreciation of fixed assets;
(Added 95 of 1991 s. 2) "restricted banking licence"
(有限制銀行牌照) means a restricted banking licence
granted under section 16; (Added 3 of 1990 s. 2. Amended 49 of
1995 s. 2) "restricted licence bank" (有限制牌照銀行)
means a company which holds a valid restricted banking licence.
(Added 3 of 1990 s. 2) "Securities and Futures Commission"
(證監會) means the Securities and Futures Commission
referred to in the Securities and Futures Ordinance ( Cap 571);
(Added 6 of 2002 s. 2) "share" (股份) means share in the
share capital of a company, and includes stock except where a
distinction between stock or shares is expressed or implied;
and the expression "shareholder" (股東) includes a
stockholder; "short-term deposit" (短期存款) means a
deposit with an original term to maturity of less than the
period specified in item 1 of the First Schedule or with a
period of call or notice of less than such specified period;
(Amended 3 of 1990 s. 2) "single-purpose card"
(單用途儲值卡) means a stored value card referred to in
paragraphs (a) and (b)(i) of the definition of "stored value
card"; (Added 4 of 1997 s. 3) "specified sum" (指明款項),
in relation to-
(a) a deposit-taking company, means the sum referred to in section 14
(1)(a); and
(b) a restricted licence bank, means the sum referred to in section 14
(1)(b); (Amended 3 of 1990 s. 2) "stored value card" (儲值卡) means
a card (or like thing) on which data may be stored (or otherwise
recorded) in electronic, magnetic or optical form and for or in
relation to which a person pays a sum of money to the issuer of the
card, whether directly or indirectly, in exchange for-
(a) the storage of the value of that money, whether in whole or in part,
on the card; and
(b) either-
(i) an undertaking (whether express or implied) by the issuer that,
on the production of the card to the issuer, and whether or not
some other action is also required, the issuer will supply
goods or services (which shall not include money or money's
worth); or
(ii) an undertaking (whether express or implied) by the issuer that,
on the production of the card to the issuer or a third party,
and whether or not some other action is also required,
the issuer or the third party, as the case may be, will supply
goods or services (which may include money or money's worth);
(Added 4 of 1997 s. 3) "unsuccessful" (不成功), in relation
to an appeal, includes any case where the appeal is abandoned
or withdrawn; (Added 49 of 1995 s. 2) "working day" (工作日)
means a day other than a public holiday or a gale warning day
within the meaning of section 2 of the Judicial Proceedings
(Adjournment During Gale Warning Days) Ordinance ( Cap 62).
(Added 95 of 1991 s. 2) (Amended 3 of 1990 s. 2; 43 of 1990 s.
2; 95 of 1991 s. 2; 94 of 1993 s. 2; 49 of 1995 s. 2; 5 of 2002
s. 407)
(2) For the purposes of this Ordinance-
(a) the taking of deposits includes holding out as being prepared to take
deposits;
(b) an advertisement, invitation or document issued by any person by way
of display or exhibition in a public place shall be treated as being
issued by him on every day on which he causes or authorizes it to be
displayed or exhibited;
(c) an advertisement, invitation or document which consists of or contains
information likely to lead, directly or indirectly, members of the
public to-
(i) make deposits; or
(ii) enter into, or offer to enter into, agreements to make
deposits, shall be treated as being an advertisement,
invitation or document which is or contains an advertisement,
invitation or document to members of the public so to do; and
(d) an advertisement, invitation or document issued by one person on
behalf of or to the order of another shall be treated as an
advertisement, invitation or document, as the case may be, issued by
that other person. (Amended 32 of 2001 s. 2)
(3) Without limiting the generality of any other meaning which "insolvent"
(無力償債) may have, an authorized institution shall, for the purposes of
this Ordinance, be deemed to be insolvent if it has ceased to pay its debts in
the ordinary course of business or it cannot pay its debts as they become due.
(4) Where, under this Ordinance, an authorized institution is required to
provide facilities to any person for the purpose of any investigation or
examination of the institution, such facilities shall include photocopying
facilities.
(5) Where there is any doubt or dispute as to whether a medium of exchange is
a currency for the purposes of this Ordinance, the Monetary Authority may, by
notice in the Gazette-
(a) declare that medium of exchange to be a currency for the purposes of
this Ordinance;
(b) declare that medium of exchange not to be a currency for the purposes
of this Ordinance. (Added 94 of 1993 s. 2)
(6) Any reference in this Ordinance to any person who signs any document
includes a reference to any person who authorizes the signing of the document.
(Added 49 of 1995 s. 2)
(7) Any reference in any provision of this Ordinance to a specified form means
the form specified under section 133 for the purposes of that provision.
(Added 49 of 1995 s. 2)
(8) For the avoidance of doubt, it is hereby declared that any reference in
this Ordinance to taking a deposit (or words to the like effect) includes
holding a deposit. (Added 49 of 1995 s. 2)
(9) Any reference in this Ordinance to the relevant banking supervisory
authority, in relation to a company incorporated outside Hong Kong, means the
banking supervisory authority outside Hong Kong which, in the opinion of the
Monetary Authority, has a supervisory responsibility for that company (and
whether or not that authority is located in the place where that company is
incorporated). (Added 49 of 1995 s. 2. Amended 42 of 1999 s. 2)
(10) In sections 18(4), 22(4), 24(5) and 25(3), the term "continuing to hold a
deposit" (繼續持有存款) includes renewing a deposit. (Added 49 of 1995
s. 2)
(11) References in this Ordinance to a person ("the facilitator") facilitating
the issue of a multi-purpose card (or words to the like effect) mean
facilitating the issue of such a card-
(a) by another person ("the issuer"); and
(b) by the provision, whether directly or indirectly or by electronic
means or otherwise, by the facilitator to the issuer of valuable
consideration the value of which determines, whether in whole or in
part, the extent to which the issuer may provide any undertaking
referred to in the definition of "stored value card" in respect of
such multi-purpose card. (Added 4 of 1997 s. 3)
(12) References in this Ordinance to the affairs, business and property of an
authorized institution (including a former authorized institution) shall
include, in the case of an institution which has or had approval under
section 16(3A)(a) to issue or facilitate the issue of multi-purpose cards, any
affairs, business and property of the institution arising from, or
attributable to, whether directly or indirectly, that approval. (Added 4 of
1997 s. 3)
(13) Where the Monetary Authority has exercised his power under section 22(1)
to propose to revoke the authorization of an authorized institution, or the
proposed revocation of the authorization of an authorized institution has
taken effect in accordance with section 22(3), then, in the case of an
institution which has or had approval under section 16(3A)(a) to issue or
facilitate the issue of multi-purpose cards, section 22(4) shall, with all
necessary modifications, operate in relation to any sum of money which is-
(a) referred to in the definition of "stored value card" in the case of a
stored value card which is such a multi-purpose card issued by the
authorized institution or former authorized institution, as the case
may be; or
(b) paid to the authorized institution or former authorized institution,
as the case may be, for facilitating the issue of such a
multi-purpose card, as if any such sum was a deposit referred to in
section 22(4) in respect of which the Monetary Authority may exercise
his power under section 22(4)
(and that power may be exercised accordingly). (Added 4 of 1997 s. 3)
(14) The Monetary Authority may, by notice in the Gazette, and subject to such
conditions, if any, as are specified in the notice-
(a) declare an instrument, or a class of instruments, to be an instrument,
or a class of instruments, as the case may be, for the purposes of the
definition of "money broker";
(b) declare a person, or a class of persons, not to be a money broker, or
a class of money brokers, as the case may be, for the purposes of the
definition of "money broker";
(c) declare a person, or a class of persons, to be a person, or a class of
persons, as the case may be, to whom paragraph (b)(i) of the
definition of "money broker" shall not apply;
(ca) declare a place of business, or a class of places of business, not to
be a place of business, or a class of places of business, as the case
may be, for the purposes of the definition of "local office"; (Added
32 of 2001 s. 2)
(cb) declare a person, or a class of persons, not to be a manager, or a
class of managers, as the case may be, for the purposes of the
definition of "manager"; (Added 32 of 2001 s. 2)
(d) declare a stored value card, or a class of stored value cards, not to
be a stored value card, or a class of stored value cards, as the case
may be, for the purposes of the definition of "multi-purpose card".
(Added 4 of 1997 s. 3)
(15) It is hereby declared that-
(a) any reference to "production" in the definition of "stored value card"
includes the use of a stored value card to operate a machine or other
device; and for the purpose of-
(i) obtaining or paying for, whether directly or indirectly, the
supply of goods or services by the issuer or a third party, or
any combination thereof; or
(ii) the transfer to another person of money or money's worth,
whether directly or indirectly;
(b) where the issuer of a multi-purpose card is or was a bank, then any
obligation-
(i) on the issuer to redeem or refund, or otherwise give value for,
any value which is or was stored on that card; and
(ii) which is recorded, or which is required to be recorded, as a
liability on the balance sheet of the issuer, shall be deemed
to be a deposit for the purposes of section 265(1)(db) of the
Companies Ordinance ( Cap 32);
(c) any reference in this Ordinance to a person acting as a money broker
(or words to the like effect) includes a person holding himself out to
be a money broker;
(d) a notice under subsection (14) is subsidiary legislation. (Added 4 of
1997 s. 3)
(16) Any reference in this Ordinance to a continuing offence means an offence
consisting of a person's continued default, refusal or other contravention of
a requirement (howsoever described) of this Ordinance, and notwithstanding
that the period sperified by or under this Ordinance for complying with that
requirement has expired. (Added 4 of 1997 s. 3)
(17) For the avoidance of doubt, it is hereby declared that any reference in
this Ordinance to the commission of an offence by every director, every
chief executive and every manager of an authorized institution or other
company (including any grammatical variations or cognate expressions of such
reference) means that one or more than one of any such director,
chief executive and manager may be prosecuted for the offence. (Added 32 of
2001 s. 2) "accounts" (帳目) "advertisement" (廣告) "Advisor" (顧問)
"approval" (核准) "approved currency" (核准貨幣) "approved money broker"
(核准貨幣經紀) "associate" (相聯者) "auditor" (核數師)
"authorization" (認可) "authorized institution" (認可機構) "authorized
institution incorporated in Hong Kong"
(在香港成立為法團的認可機構) "authorized institution incorporated
outside Hong Kong" (在香港以外成立為法團的認可機構) "automated
teller machine" (自動櫃員機) "bank" (銀行) "Banking Advisory Committee"
(銀行業務諮詢委員會) "banking business" (銀行業務) "banking
licence" (銀行牌照) "capital adequacy ratio" (資本充足比率)
"certificate of approval" (核准證明書) "certificate of registration"
(註冊證明書) "chief executive" (行政總裁) "company" (公司)
"controller" (控權人) "control" (控制) "currency" (貨幣) "dealing
service" (交易服務) "deposit" (存款) "depositor" (存款人)
"Deposit-taking Companies Advisory Committee"
(接受存款公司諮詢委員會) "deposit-taking company"
(接受存款公司) "director" (董事) "document" (文件) "Exchange Fund"
(外匯基金) "executive officer" (主管人員) "exercise" (行使) "former
auditor" (前核數師) "former authorized institution" (前認可機構)
"functions" (職能) "holding company" (控股公司) and "subsidiary"
(附屬公司) "incorporated outside Hong Kong"
(在香港以外成立為法團) "indirect controller" (間接控權人)
"invitation" (邀請) "issue" (發出) "liquidity ratio" (流動資產比率)
"local branch" (本地分行) "local office" (本地辦事處) "local
representative office" (本地代表辦事處) "majority shareholder
controller" (大股東控權人) "Manager" (經理人) "manager" (經理)
"minority shareholder controller" (小股東控權人) "Monetary Authority"
(金融管理專員) "money at call" (短期通知款項) "money broker"
(貨幣經紀) "multi-purpose card" (多用途儲值卡) "opportunity of being
heard" (陳詞機會) "overseas branch" (海外分行) "overseas
representative office" (海外代表辦事處) "public" (公眾人士)
"recognized stock market" (認可證券市場) "register" (紀錄冊)
"registered" (註冊) "registered institution" (註冊機構) "regulated
activity" (受規管活動) "require" (要求) "reserves" (儲備) "restricted
banking licence" (有限制銀行牌照) "restricted licence bank"
(有限制牌照銀行) "Securities and Futures Commission" (證監會)
"share" (股份) "shareholder" (股東) "short-term deposit" (短期存款)
"single-purpose card" (單用途儲值卡) "specified sum" (指明款項)
"stored value card" (儲值卡) "unsuccessful" (不成功) "working day"
(工作日) "insolvent" (無力償債) "continuing to hold a deposit"
(繼續持有存款)
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