Hong Kong Ordinances

DEPOSIT PROTECTION SCHEME ORDINANCE - SCHEDULE 1

(a) a term deposit where the current term agreed to by the depositor at the most recent time it was negotiated exceeds 5 years;
(aa) a structured deposit; (Added L.N. 107 of 2006)
(b) a deposit the repayment of which is secured either in whole or in part on the assets of the Scheme member;
(c) a bearer instrument;
(d) a deposit taken by the Scheme member at any of its offices outside Hong Kong;
(e) a deposit held for the account of the Exchange Fund;
(f) a deposit held by an excluded person in his own right, or, in the case of a deposit held by an excluded person and a non-excluded person in their own right (except where those persons carry on business in partnership), the portion of the deposit attributable to the excluded person's share in the deposit;
(g) a deposit held by a depositor as a bare trustee for an excluded person, or in a client account for an excluded person as the depositor's client, or, in the case of a deposit so held for an excluded person and a non-excluded person (except where those persons carry on business in partnership), the portion of the deposit attributable to the excluded person's share in the deposit;
(h) a deposit held by a depositor as a trustee for an excluded person only.

(a) a term deposit where the current term agreed to by the depositor at the most recent time it was negotiated exceeds 5 years;
(aa) a structured deposit; (Added L.N. 107 of 2006)
(b) a deposit the repayment of which is secured either in whole or in part on the assets of the Scheme member;
(c) a bearer instrument;
(d) a deposit taken by the Scheme member at any of its offices outside Hong Kong;
(e) a deposit held for the account of the Exchange Fund;
(f) a deposit held by an excluded person in his own right, or, in the case of a deposit held by an excluded person and a non-excluded person in their own right (except where those persons carry on business in partnership), the portion of the deposit attributable to the excluded person's share in the deposit.

(a) the loan of money, or any part of the loan, may be repaid—
(i) in another currency to be converted, at an exchange rate specified in terms of a ratio at the time when the loan of money was made, from the currency in which that loan was made; or (Replaced L.N. 175 of 2006)
(ii) in the form of any property other than money;
(b) the interest on the loan of money, or the premium at which the loan of money is repayable, or any part of the interest or premium, may be paid in another currency to be converted, at an exchange rate specified in terms of a ratio at the time when the loan of money was made, from the currency in which that loan was made; (Amended L.N. 175 of 2006)
(c) any amount of the loan of money to be repaid is determined by reference to—
(i) the price or value of a financial product, commodity, non-local currency or property;
(ii) the level of an index;
(iii) the fact that a relevant figure—
(A) is above, below or equal to a specified level; or
(B) is within or outside a specified range;
(iv) the difference calculated by subtracting a relevant figure from a specified percentage;
(v) the result of a mathematical operation that involves more than one relevant figure; or
(vi) the occurrence or non-occurrence of an event in relation to a person other than the depositor who holds, or the Scheme member that takes, the deposit; or
(d) any amount of the interest on the loan of money, or of the premium at which the loan of money is repayable, is determined by reference to—
(i) the price or value of a financial product, commodity, non-local currency or property;
(ii) the level of an index;
(iii) the fact that a relevant figure—
(A) is above, below or equal to a specified level; or
(B) is within or outside a specified range;
(iv) the difference calculated by subtracting a relevant figure from a specified percentage;
(v) the result of a mathematical operation that involves more than one relevant figure; or
(vi) the occurrence or non-occurrence of an event in relation to a person other than the depositor who holds, or the Scheme member that takes, the deposit. (Added L.N. 107 of 2006)

(a) a related company of the Scheme member;
(b) a multilateral development bank as defined in section 2(1) of the Banking Ordinance (Cap 155); (Amended 19 of 2005 s. 7)
(c) an authorized institution;
(d) a foreign bank; or
(e) in relation—
(i) to the definition of "protected deposit" in section 2(1) of this Ordinance for the purposes of Part 5 of this Ordinance, an officer of the Scheme member or its related company on—
(A) the date immediately preceding the date on which a Manager within the meaning of section 2(1) of the Banking Ordinance (Cap 155) is appointed in respect of the Scheme member under section 52 of that Ordinance; or
(B) the date on which the petition for the winding up of the Scheme member is presented,
whichever is the earlier;
(ii) to the definition of "protected deposit" in section 2(1) of this Ordinance for any other purpose, an officer of the Scheme member or its related company; (Amended L.N. 107 of 2006)

(a) is incorporated outside Hong Kong;
(b) is not an authorized institution; and
(c) may, in or outside the place where it is incorporated, lawfully take deposits from the general public (whether or not on current account), or is authorized or recognized as a bank in that place;

(a) in relation to the definition of "protected deposit" in section 2(1) of this Ordinance for the purposes of Part 5 of this Ordinance, a person who is not an excluded person within the meaning of paragraph (a), (b), (c), (d) or (e)(i) of the definition of "excluded person";
(b) in relation to the definition of "protected deposit" in section 2(1) of this Ordinance for any other purpose, a person who is not an excluded person within the meaning of paragraph (a), (b), (c), (d) or (e)(ii) of the definition of "excluded person"; (Amended L.N. 107 of 2006)
(c) in relation to the definition of "relevant deposit" in section 2(1) of this Ordinance, a person who is not an excluded person within the meaning of paragraph (a), (b), (c) or (d) of the definition of "excluded person"; (Added L.N. 107 of 2006)

(a) in relation to a Scheme member or its related company that is an authorized institution, means—
(i) a director of the Scheme member or the company;
(ii) a chief executive of the Scheme member or the company;
(iii) a controller, within the meaning of section 2(1) of the Banking Ordinance (Cap 155), of the Scheme member or the company; or
(iv) a manager, within the meaning of that section, of the Scheme member or the company;
(b) in relation to a Scheme member's related company that is not an authorized institution, has the meaning assigned to it by section 2(1) of the Companies Ordinance (Cap 32);

(a) a holding company of the Scheme member;
(b) a subsidiary of the holding company; or
(c) a subsidiary of the Scheme member; (Amended L.N. 107 of 2006)

(a) a rate of interest, quoted or published from time to time, that is offered by a person or government on a loan of money that—
(i) the person or government makes to, or proposes to make to, another person or government; or
(ii) the person or government raises from, or proposes to raise from, another person or government;
(b) a rate of interest, quoted or published from time to time, that is offered by a person or government, for entering into a swap contract with another person or government, as the rate of interest at which payments to be made under that contract are to be calculated;
(c) a rate of return, quoted or published from time to time, on an investment of moneys made by a person or government; or
(d) a figure, quoted or published from time to time, that represents the result of a mathematical operation that involves more than one rate of interest or return mentioned in paragraph (a), (b) or (c); (Added L.N. 107 of 2006)