【法规名称】
【法规编号】 82309 什么是编号？
【正 文】
第5页 CAP 364 THE HONG KONG ASSOCIATION OF BANKS ORDINANCE
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[接上页] (iii) 1 member whose place of incorporation is outside Hong Kong; and(b) designate one of the members of the Disciplinary Committee to be chairman thereof. Cap 364 s 17 Disciplinary provisions (1) A complaint that a member has acted in breach of any rule relating to the conduct of the business of banking made under section 12(1) shall be made in writing to the Chairman of the Committee who shall submit the complaint to the Committee which may, in its discretion, refer the complaint to the Disciplinary Committee. (2) The Committee may act on its own information in referring a complaint to the Disciplinary Committee. (3) The Disciplinary Committee shall notify the member in respect of which a complaint is made of the nature of the complaint and of the date, time and place fixed for a hearing of the complaint. (4) The member in respect of which a complaint is made shall be entitled to appear at the hearing and present its case. Cap 364 s 18 Powers of Disciplinary Committee with regard to obtaining evidence (1) For the purposes of the hearing of a complaint the Disciplinary Committee shall have the following powers- (a) to take evidence on oath; (b) to summon any employee of any member to attend the hearing to give evidence or produce any document or other thing in his possession and to examine him as a witness; (c) to award to a witness such expenses as, in the opinion of the Disciplinary Committee, he has incurred by reason of his attendance.(2) A summons to a witness shall be signed by the Chairman of the Disciplinary Committee. Cap 364 s 19 Legal representation At the hearing of a complaint- (a) a member selected for the purpose by the Disciplinary Committee or a solicitor or counsel on its behalf shall present the case against the member in respect of which the complaint is made; (b) the member in respect of which the complaint is made shall be entitled to be represented by a solicitor or counsel. Cap 364 s 20 Powers of Disciplinary Committee If, after due inquiry, the Disciplinary Committee is satisfied that a complaint under section 17 is proved, the Disciplinary Committee may recommend to the Committee that it should impose or procure to be imposed on the member in respect of which a complaint is made any of the penalties referred to in section 21: Provided that no such recommendation shall be made by the Disciplinary Committee unless the decision to make the recommendation is by an affirmative vote of not less than three quarters of the members of the Disciplinary Committee present and voting at the inquiry at which such recommendation is made. Cap 364 s 21 Disciplinary powers of the Committee (1) The Committee may, following a recommendation by the Disciplinary Committee, in its discretion impose or procure to be imposed on a member any of the following penalties for breach of any rule made pursuant to section 12(1)- (Amended L.N. 446 of 1994) (a) a reprimand; (b) after consultation with the Monetary Authority, the suspension of membership for any period not exceeding 3 months; (c) with the approval of the Financial Secretary, the suspension of facilities for the clearing of cheques and other instruments of a member for any period not exceeding 3 months; (d) with the approval of the Monetary Authority, the expulsion of a member from membership of the Association:Provided that any decision to impose or procure the imposition of any penalty shall be made by an affirmative vote of not less than three quarters of the members of the Committee present and voting at the meeting at which such decision is taken. (2) No appeal shall lie against the decision of the Committee to impose or procure to be imposed any penalty pursuant to subsection (1). (3) Where a penalty is imposed pursuant to subsection (1), the Committee- (a) may cause notice of the imposition of such penalty to be published in the Gazette; (b) shall give written notice to the Monetary Authority of such action and the reasons therefor.(4) Where the Committee, with the approval of the Financial Secretary, suspends or procures the suspension of clearing facilities pursuant to subsection (1)(c) then whilst such suspension is in force no member shall act as sub-clearer for the member whose clearing facilities have been so suspended. (Amended 76 of 1995 s. 10) Cap 364 s 22 Transfer of assets and liabilities PART VI TRANSITIONAL (1) All property of whatever kind and whether movable or immovable vested in or belonging to the Exchange Banks' Association immediately before the commencement of this Ordinance is as from such commencement transferred to and vested in the same interest in the Association without any further assurance and the Association shall have all powers necessary to take possession of, recover and obtain the benefit of such property. (2) All rights, obligations and liabilities of the Exchange Banks' Association immediately before the commencement of this Ordinance are as from such commencement the rights, obligations and liabilities of the Association and the Association shall have all necessary powers to exercise or discharge the same. |
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