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[接上页] (i) specified Hong Kong dollar deposits of their customers; (ii) specified instruments;(aa) as to the keeping and maintenance of clearing accounts in conformity with the terms and conditions specified by the Financial Secretary under section 3A of the Exchange Fund Ordinance (Cap 66); (Added 30 of 1991 s. 4. Amended 76 of 1995 s. 7) (ab) as to the imposition of deposit charges, and the minimum deposit charges to be so imposed; (Added 30 of 1991 s. 4) (ac) as to the payment of deposit charges by customers to members; (Added 30 of 1991 s. 4) (ad) as to the imposition of interest charges, and the rates of interest charges to be so imposed; (Added 30 of 1991 s. 4) (ae) as to the payment of interest charges by a member to the Financial Secretary for the account of the Exchange Fund; (Replaced 76 of 1995 s. 7) (b) as to the conduct of foreign exchange business and the minimum commissions and charges to be applied therefor; (c) as to the conduct of securities and safe custody business and the minimum commissions and charges to be applied therefor; (d) as to the minimum charges to be applied by members for the issuance of guarantees or other documents; (e) as to any other charges relating to the provision of any banking service, not being charges by way of interest or return payable on loans or advances granted by members; (f) prohibiting members from transacting any specified type of business or using any particular type of instrument.(1A) All amounts of interest charges paid to the Financial Secretary for the account of the Exchange Fund in accordance with rules made under this section shall be credited to the Exchange Fund. (Added 30 of 1991 s. 4) (2) Rules made by the Committee pursuant to subsection (1)- (a) may be amended by the Committee at any time; (b) shall be binding on each member upon being served on the member as provided in subsection (3); (c) shall not be subsidiary legislation, rules, regulations or bylaws within the meaning of those words in the Interpretation and General Clauses Ordinance (Cap 1) including sections 20 and 34 thereof.(3) Rules made under subsection (1) or amended under subsection (2) shall- (a) be delivered; (b) be sent by registered post or recorded delivery; or (c) be sent by telex, facsimile transmission or other similar method,to every member at its registered office or principal place of business in Hong Kong and, unless the contrary is proved, services shall be deemed to have been effected- (i) upon delivery; (ii) 48 hours after the time of posting; or (iii) immediately after the time of sending by telex, facsimile transmission or other similar method,as the case may be. (Replaced 30 of 1991 s. 4) Cap 364 s 13 Appointment of staff (1) The Committee shall appoint a Secretary and may appoint other officers, servants and agents at such remuneration and upon such terms and conditions of appointment as it thinks fit. (2) The Committee may grant, or make provision for the grant of pensions, gratuities and retirement or other benefits to employees of the Association. Cap 364 s 14 Function of the Consultative Council The function of the Consultative Council shall be to advise the Committee on any matter relating to the business of banking which- (a) is referred to it by the Committee; (b) it chooses to consider; (c) it is requested, by a notice in writing signed by not less than 50 members, to consider with a view to advising the Committee. Cap 364 s 15 Meetings of the Consultative Council (1) Meetings of the Consultative Council shall be held at such times and places as the Consultative Council or the Chairman thereof may from time to time appoint. (2) The following procedural provisions shall apply to every meeting of the Consultative Council- (a) 15 members shall form a quorum; (b) the Chairman shall preside; (Replaced 76 of 1995 s. 8) (c) if the Chairman is absent, the Vice-Chairman who most recently held office as Chairman and who is present at the meeting shall preside; (Added 76 of 1995 s. 8) (d) if the Chairman and all Vice-Chairmen who have held office as Chairman are absent, then the members present shall select a Vice-Chairman to preside; (Added 76 of 1995 s. 8) (e) if the Chairman and all Vice-Chairmen are absent, a member selected by the members present shall preside. (Added 76 of 1995 s. 8)(3) Subject to subsection (2), the Consultative Council shall regulate its own procedure relating to its meeting and the conduct thereof. (4) The Financial Secretary may, by order published in the Gazette, amend the number provided for in subsection (2)(a). (Amended 76 of 1995 s. 8) Cap 364 s 15A (Repealed) (Repealed 76 of 1995 s. 9) Cap 364 s 16 Disciplinary Committee PART V DISCIPLINARY PROCEEDINGS The Committee shall- (a) appoint from amongst its members a Disciplinary Committee of 4 members comprising the following- (i) 2 continuing members; (ii) 1 member whose place of incorporation is Hong Kong; (Amended 27 of 1986 s. 137; 43 of 1990 s. 16) |