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To provide for the incorporation of The Hong Kong Association of Banks, for the corporation to assume the functions and to take over the assets and liabilities of The Exchange Banks' Association, Hong Kong and for matters incidental thereto and connected therewith. [12 January 1981] L.N. 9 of 1981 (Originally 76 of 1980) Cap 364 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as The Hong Kong Association of Banks Ordinance. Cap 364 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Association" (公会) means The Hong Kong Association of Banks incorporated by section 3; "business of banking" (银行业务) means any of the activities or functions of a licensed bank; "clearing account" (结算帐户) means a clearing account in respect of specified Hong Kong dollar credit balances kept and maintained by a member; (Replaced 76 of 1995 s. 2) "Committee" (委员会) means the Committee established by section 8; "Consultative Council" (谘询委员会) means the Consultative Council established by section 9; "continuing members" (永久会员) means the continuing members under section 8(1)(a); "deposit" (存款) has the same meaning as in the Banking Ordinance (Cap 155); (Replaced 30 of 1991 s. 2) "deposit charge" (存款收费) means a sum of money charged or levied by a member on a specified Hong Kong dollar deposit of a customer of that member in the event of an interest charge being levied on a member's clearing account; (Replaced 76 of 1995 s. 2) "Disciplinary Committee" (纪律委员会) means the Disciplinary Committee appointed under section 16; "Exchange Banks' Association" (外汇银行公会) means the unincorporated body known as The Exchange Banks' Association, Hong Kong existing immediately before the commencement of this Ordinance; "Exchange Fund" (外汇基金) means the fund of that name established under section 3(1) of the Exchange Fund Ordinance (Cap 66); (Added 30 of 1991 s. 2) "interest charge" (利息收费) means a sum of money charged or levied on a member's clearing account; (Replaced 76 of 1995 s. 2) "licensed bank" (持牌银行) means a bank within the meaning of section 2 of the Banking Ordinance (Cap 155); (Replaced 49 of 1995 s. 53) "member" (会员) means a member of the Association; "Monetary Authority" (金融管理专员) means the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66); (Added 76 of 1995 s. 2) "Secretary" (秘书) means the secretary of the Association appointed pursuant to section 13. (Amended 76 of 1995 s. 2) Cap 364 s 3 Incorporation of Association PART II INCORPORATION, OBJECTS AND POWERS (1) There is hereby established a body corporate to be known as The Hong Kong Association of Banks. (2) The Association shall have perpetual succession and shall be capable of suing and being sued and of doing and suffering all such other acts or things as bodies corporate may lawfully do and suffer. (3) The Association shall have a common seal which shall not be affixed except pursuant to a resolution of the Committee (or of a sealing subcommittee appointed by the Committee for that purpose) and in the presence of 2 members of the Committee and of the Secretary, or some other person appointed in his place by the Committee, each of whom shall sign his name. (4) Any document purporting to be a document duly executed under the seal of the Association authenticated in accordance with subsection (3) shall be received in evidence and shall, until the contrary is proved, be deemed to be a document so executed. Cap 364 s 4 Objects of the Association The objects of the Association shall be- (a) to further the interests of licensed banks; (b) to make rules from time to time for the conduct of the business of banking; (c) to consider, investigate and inquire into all matters and questions connected with or relating to the business of banking; (d) to promote, consider, support, oppose, make representations as to and generally deal with any law affecting or likely to affect the business of banking; (e) to collect, circulate and disseminate information relating to the business of banking or otherwise likely to be of interest to members and others; (f) to represent its members at and appear before any public body, committee or inquiry or before any court or tribunal; (g) to act as an advisory body to its members and to co-operate and maintain relations with other bodies and organizations in all matters touching or concerning the business of banking; (h) to provide a meeting place or places for its members and to adopt such means of publicizing or making known its activities and information and opinions on matters touching or concerning the business of banking as may be thought fit; (i) to provide or procure, by means of a management agreement or otherwise, facilities for the clearing of cheques and other instruments, and for the processing of banking transactions presented by members; |