CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - CHAPTER 316H CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 316 section 11) [14 January 1983] (L.N. 7 of 1983) CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 1 Citation VerDate:30/06/1997 This order may be cited as the Census and Statistics (Annual Survey of Banks, Deposit-taking Companies, Restricted Licence Banks and Representative Offices of Foreign Banks) Order. (3 of 1990 s. 55) CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 2 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 23 of 1998 s. 2 In this order, unless the context otherwise requires- "bank" (銀行) means a bank under the Banking Ordinance (Cap 155); (49 of 1995 s. 53) "business undertaking" (商業經營) means any of the following- (a) a bank; (b) a deposit-taking company or a restricted licence bank; (3 of 1990 s. 55) (c) a representative office of a foreign bank; "deposit-taking company" (接受存款公司) means deposit-taking company under the Banking Ordinance (Cap 155); (27 of 1986 s. 137; 3 of 1990 s. 55) "foreign bank" (外地銀行) means a bank formed or established outside Hong Kong; (23 of 1998 s. 2) "representative office" (代表辦事處), in relation to a foreign bank, means a representative office of the foreign bank in Hong Kong; (23 of 1998 s. 2) "restricted licence bank" (有限制牌照銀行) means a restricted licence bank under the Banking Ordinance (Cap 155); (3 of 1990 s. 55) "survey" (調查) means the statistical survey referred to in paragraph 3; "survey period" (調查期) means the survey period specified in or under paragraph 6. "bank" (銀行) "business undertaking" (商業經營) "deposit-taking company" (接受存款公司) "foreign bank" (外地銀行) "representative office" (代表辦事處) "restricted licence bank" (有限制牌照銀行) "survey" (調查) "survey period" (調查期) CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 2 Interpretation VerDate:30/06/1997 In this order, unless the context otherwise requires- "bank" (銀行) means a bank under the Banking Ordinance (Cap 155); (49 of 1995 s. 53) "business undertaking" (商業經營) means any of the following- (a) a bank; (b) a deposit-taking company or a restricted licence bank; (3 of 1990 s. 55) (c) a representative office of a foreign bank; "deposit-taking company" (接受存款公司) means deposit-taking company under the Banking Ordinance (Cap 155); (27 of 1986 s. 137; 3 of 1990 s. 55) "restricted licence bank" (有限制牌照銀行) means a restricted licence bank under the Banking Ordinance (Cap 155); (3 of 1990 s. 55) "survey" (調查) means the statistical survey referred to in paragraph 3; "survey period" (調查期) means the survey period specified in or under paragraph 6. "bank" (銀行) "business undertaking" (商業經營) "deposit-taking company" (接受存款公司) "restricted licence bank" (有限制牌照銀行) "survey" (調查) "survey period" (調查期) CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 3 Survey of business undertakings VerDate:30/06/1997 A statistical survey shall be carried out by the Commissioner every year in respect of business undertakings in Hong Kong for the purpose of compiling statistics relating to banks, deposit-taking companies, restricted licence banks and representative offices of foreign banks in the survey period. (3 of 1990 s. 55) CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 4 Particulars to be given VerDate:30/06/1997 For the purpose of the survey, the particulars specified in the Schedule shall be given in respect of business undertakings for the survey period and shall, not later than 30 June following the survey period, be furnished to the Commissioner in accordance with such form of questionnaire as the Commissioner may issue for that purpose. CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 5 Persons required to give particulars VerDate:30/06/1997 The particulars required to be given under paragraph 4 in respect of a business undertaking shall be given by a director, secretary or other person concerned in the management thereof. CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 6 The survey period VerDate:30/06/1997 For the purpose of this order, the survey period shall be the calendar year immediately preceding the year on which the survey is carried out or such other period of 12 consecutive months commencing in that calendar year and ending not later than 31 March of the following year as the Commissioner may specify in any particular case. CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 7 Sampling methods may be used VerDate:30/06/1997 The use of sampling methods for the collection of particulars relevant to the survey is hereby authorized. CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 8 Application of order in certain cases VerDate:30/06/1997 This order shall apply in relation to a business undertaking notwithstanding that it commenced business after the commencement of the survey period or ceased to carry on business during that period. CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - PARAGRAPH 9 Date for destruction of schedules VerDate:30/06/1997 All completed schedules collected or received by census officers for the survey and all copies thereof shall be destroyed not later than 30 June of the fourth year following the survey period in question. CENSUS AND STATISTICS (ANNUAL SURVEY OF BANKS, DEPOSIT-TAKING COMPANIES, RESTRICTED LICENCE BANKS AND REPRESENTATIVE OFFICES OF FOREIGN BANKS) ORDER - SCHEDULE SCHEDULE VerDate:30/06/1997 [paragraph 4] PARTICULARS REQUIRED TO BE GIVEN IN RESPECT OF BUSINESS UNDERTAKINGS 1. A. Banks, Deposit-taking Companies and Restricted Licence Banks (1) Number and sex of working proprietors, active partners and unpaid family workers, full-time employees and part-time employees engaged in business undertaken by the relevant bank. (2) Compensation of employees, by type of such compensation. (3) Operating expenses and other payments, by type. (4) Business receipts, and other income and receipts, by type. (5) Nature of transactions with parties not resident in Hong Kong. Country of residence of such parties and their relationship to the relevant bank; receipts and payments arising therefrom, by type. B. Representative Offices of Foreign Banks (1) Number and sex of working proprietors, active partners and unpaid family workers, full-time employees and part-time employees engaged in business undertaken by the relevant office, being business to which the licence relates. (2) Compensation of employees, by type of such compensation. (3) Operating expenses and other payments, by type. (4) Business receipts, and other income and receipts, by type. 2. (1) In this Schedule- "country of residence" (所居國家), in relation to a party not resident in Hong Kong, means- (a) where the party carries on, carries out or conducts productive operations, the country in which the place at which such operations are carried on, carried out or conducted is situated or, in case there is more than 1 such place, the country in which the place where such operations are principally carried on, carried out or conducted is situated; (b) in any other case, the country in which the party is incorporated or otherwise established; "relevant bank" (有關銀行), in relation to a particular questionnaire issued pursuant to paragraph 4, means the bank, deposit-taking company or restricted licence bank to which the questionnaire is so issued; "relevant office" (有關辦事處), in relation to a particular such questionnaire, means the representative office to which the questionnaire is so issued; "unpaid family workers" (無酬的家庭工作人員) means persons, whether relatives or not, who- (a) live in the dwelling of any director, partner or proprietor (whether a sole proprietor or not) of the bank, company or office to which a particular questionnaire is issued pursuant to paragraph 4 relates ("the employer"); and (b) are employed by the employer in banking business but do not receive a regular wage, salary or other payment in respect of such employment; and (c) during the course of such employment work for not less than one-third of the period during which full-time employees of the employer who are so employed normally work in the course of their employment. (2) Where there is in a country 2 or more states, provinces or other political entities in more than 1 of which companies or other bodies corporate or other persons may be incorporated or otherwise established under law, for the purposes of this schedule any company or other body corporate or any person which is so incorporated or otherwise established shall be regarded as being incorporated or otherwise established in that country. (L.N. 64 of 1996) "country of residence" (所居國家) "relevant bank" (有關銀行) "relevant office" (有關辦事處) "unpaid family workers" (無酬的家庭工作人員)