Hong Kong Ordinances
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Previous]
[Next]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]
BANKING ORDINANCE - SECT 2
Interpretation
(Past version on 02/12/2005).
(Past version on 08/09/2004).
(Past version on 01/04/2003).
(Past version on 24/05/2002).
(Past version on 19/11/1999).
(Past version on 30/06/1997).
(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 certified public accountant (practising) as
defined in the Professional Accountants Ordinance ( Cap 50); (Amended 23 of
2004 s. 56)
"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), in relation to an authorized
institution, means the ratio of the institution's capital base to a value
representing the degree of risk of the following kinds to which the
institution is exposed-
(a) credit risk, that is to say, the risk of loss from-
(i) default by counterparties in on-balance sheet and off-balance
sheet items of the institution; or
(ii) diminution in the value of such on-balance sheet items of the
institution as may for the purposes of this paragraph be
prescribed by the Monetary Authority in rules made under
section 98A(1);
(b) market risk, that is to say, the potential losses arising from
fluctuations in the value of positions held by the institution-
(i) for trading purposes in debt securities, interest rater-elated
contracts, equities and equity-related contracts; and
(ii) in foreign exchange, exchange rate-related contracts,
commodities and commodity-related contracts; and
(c) operational risk, that is to say, the risk of direct or indirect
losses resulting from-
(i) inadequacies or failings in the processes or systems, or of
personnel, of the institution; or
(ii) external events; (Replaced 19 of 2005 s. 7)
"capital base" (資本基礎), in relation to an institution, means the sum
of-
(a) the following amounts, but in each case only to the extent prescribed
by the Monetary Authority in rules made under section 98A(1), namely-
(i) the paid-up capital of the institution;
(ii) the amount standing to the credit of the share premium account
of the institution;
(iii) the audited retained earnings of the institution; and
(iv) the published reserves of the institution; and
(b) the amounts of such other resources of the institution as may for the
purposes of this paragraph be prescribed by the Monetary Authority in
rules made under section 98A(1); (Added 19 of 2005 s. 7)
"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)
"multilateral development bank" (多邊發展銀行) means any bank or lending
or development body specified by the Monetary Authority under subsection
(19); (Added 19 of 2005 s. 7)
"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)
"Review Tribunal" (覆核審裁處) means the Capital Adequacy Review Tribunal
established under section 101A; (Added 19 of 2005 s. 7)
"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;
"share premium account" (股份溢價帳)-
(a) in relation to a company incorporated in Hong Kong, means a
share premium account referred to in section 48B(1) of the Companies
Ordinance ( Cap 32) maintained in respect of the company;
(b) in relation to a company incorporated outside Hong Kong, means an
account having the same characteristics as a share premium account
referred to in section 48B(1) of the Companies Ordinance ( Cap 32)
irrespective of its name; (Added 19 of 2005 s. 7)
"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)
"The DTC Association" (DTC 公會) means The Hong Kong Association of
Restricted Licence Banks and Deposit-taking Companies incorporated under the
Companies Ordinance ( Cap 32); (Added 19 of 2005 s. 7)
"The Hong Kong Association of Banks" (香港銀行公會) means the body
corporate of that name incorporated by section 3 of
The Hong Kong Association of Banks Ordinance ( Cap 364); (Added 19 of 2005 s.
7)
"Tier 1 country" (第1級國家) means Hong Kong and any country or place
other than Hong Kong which-
(a) is a member of the Organization for Economic Co-operation and
Development; or
(b) has concluded a special lending arrangement with the International
Monetary Fund associated with the International Monetary Fund's
General Arrangements to Borrow, but excludes any such country or place
which-
(c) has rescheduled its external sovereign debt, whether to central
government or non-central government creditors, within the previous 5
years; or
(d) is specified by the Monetary Authority by notice published in the
Gazette as being a country or place that is not to be regarded as a
Tier 1 country for the purposes of this definition; (Added 19 of 2005
s. 7)
"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, other than section 14, to taking a deposit
(or words to the like effect) includes holding a deposit. (Added 49 of 1995 s.
2. Amended 19 of 2005 s. 8)
(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)
(18) Any provision of this Ordinance that purports to impose criminal
liability on every manager of an authorized institution or other company in
the event of a contravention of this Ordinance shall be construed as imposing
criminal liability on a manager of an authorized institution or other company
only to the extent that the contravention was caused or contributed to by an
act or omission on the part of the manager himself or a person under his
control. (Added 19 of 2005 s. 8)
(19) The Monetary Authority may by notice published in the Gazette specify to
be a multilateral development bank for the purposes of this Ordinance any bank
or lending or development body established by agreement between, or guaranteed
by, 2 or more countries, territories or international organizations other than
for purely commercial purposes. (Added 19 of 2005 s. 7)
"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)
"capital base" (資本基礎)
"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)
"multilateral development bank" (多邊發展銀行)
"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)
"Review Tribunal" (覆核審裁處)
"Securities and Futures Commission" (證監會)
"share" (股份)
"share premium account" (股份溢價帳)
"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)
"The DTC Association" (DTC 公會)
"The Hong Kong Association of Banks" (香港銀行公會)
"Tier 1 country" (第1級國家)
"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)
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Previous]
[Next]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]