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【法规名称】 
【法规编号】 82309  什么是编号?
【正  文】

第3页 CAP 364 THE HONG KONG ASSOCIATION OF BANKS ORDINANCE

[接上页]

  (i) as to 4 members, by those members whose place of incorporation is Hong Kong; (Amended 27 of 1986 s. 137; 43 of 1990 s. 16)
  
  (ii) as to 5 members, by those members whose place of incorporation is outside Hong Kong.(2) (Repealed 76 of 1995 s. 5)
  
  (3) Any member of the Committee which ceases for any reason to be a member of the Association shall ipso facto cease to be a member of the Committee.
  
  (4) (a) There shall be a Chairman and Vice-Chairmen of the Committee.
  
  (b) The office of the Chairman shall be held by each of the continuing members on rotation in the order specified by the Committee and approved by the Monetary Authority.
  
  (c) Subject to the approval of the Monetary Authority, and with the agreement of all continuing members, the Committee may vary the order of rotation specified in paragraph (b).
  
  (d) All continuing members not holding the office of Chairman shall be the Vice-Chairmen. (Replaced 76 of 1995 s. 5)(5) The period of office for the Chairman shall be 1 year. (Replaced 76 of 1995 s. 5)
  
  Cap 364 s 9 Consultative Council
  
  (1) There shall be a Consultative Council of the Association which shall comprise-
  
  (a) the continuing members; and
  
  (b) the number of elected members provided for in Schedule 1 which members shall be elected in accordance with the bylaws of the Association and which shall be, and be elected by, members incorporated or, in the case of unincorporated members, having their principal place of business, in various regions of the world as provided in Schedule 1.(2) The Chairman and the Vice-Chairmen for the time being of the Committee pursuant to section 8(4) and (5) shall ex officio be the Chairman and the Vice-Chairmen respectively of the Consultative Council.
  
  (3) The Financial Secretary may, by order published in the Gazette, amend Schedule 1.
  
  (4) Where Schedule 1 is amended pursuant to subsection (3) any variation in the number of elected members required, or the regions from which such members are to be elected, shall take effect from the date of the next following meeting to elect members of the Consultative Council. (Amended L.N. 446 of 1994)
  
  (Amended 30 of 1991 s. 3; 76 of 1995 s. 6)
  
  Cap 364 s 10 Designated representatives of members
  
  (1) Every member of the Association shall designate in writing in a manner acceptable to the Committee a full time employee of that member holding a managerial post who shall, subject to subsection (2), as representative of that member- (Amended 22 of 1982 s. 2)
  
  (a) attend and vote at meetings;
  
  (b) hold office;
  
  (c) execute documents,and otherwise act for and on behalf of the member for the purposes of this Ordinance and bylaws made hereunder.
  
  (2) (a) If the designated representative is for any reason unable to attend any general meeting of members or any meeting of the Disciplinary Committee or otherwise to act, the member may designate, in the manner specified in subsection (1), an alternate representative who shall have the powers and functions of the designated representative.
  
  (b) A member may be represented at any meeting of the Committee or of the Consultative Council or of any subcommittee, other than the Disciplinary Committee, by any person employed by the member in a managerial capacity and nominated in a manner acceptable to the chairman of such meeting, and such person may attend and vote on behalf of that member at any such meeting and shall be deemed for the purposes of such meeting to have the powers and functions of the designated representative. (Replaced 22 of 1982 s. 2)(3) Every designation may be withdrawn and replaced by a new designation in writing at any time.
  
  Cap 364 s 11 Functions of the Committee
  
  PART IV
  
  GENERAL
  
  (1) The management of the Association shall be vested in the Committee and all the powers of the Association shall be vested in and exercisable by the Committee except so far as this Ordinance or any bylaws made hereunder otherwise authorize.
  
  (2) The Committee may appoint subcommittees for the better discharge of its functions under this Ordinance and may delegate to any subcommittee any of its powers and functions:
  
  Provided that the Committee shall not delegate to any subcommittee the power to impose penalties for breach of any rule made by the Committee pursuant to section 12.
  
  (3) The Committee may in its discretion co-opt any member of the Association to be a member of any subcommittee other than the Disciplinary Committee.
  
  Cap 364 s 12 Rules as to conduct of business of banking
  
  (1) The Committee may, after such consultation with the Financial Secretary as he shall consider appropriate, from time to time make such rules relating to the conduct of the business of banking as do not derogate from any law and may in particular, but without prejudice to the generality of the foregoing, make rules- (Amended L.N. 46 of 1991; L.N. 386 of 1993)
  
  (a) as to the maximum rates of interest, return, discount or other benefit which may be paid or granted by members, or by any specified category of members, in respect of-
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