【法规名称】
【法规编号】 82377 什么是编号？
【正 文】
第10页 CAP 155 BANKING ORDINANCE
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[接上页] (b) on summary conviction to a fine at tier 5 and to imprisonment for 6 months. (Amended 4 of 1997 s. 27)(7) Any person who enters into a contract or arrangement, or uses any device or scheme, which has the effect of, or is designed to have the effect of, avoiding subsection (1), (2), (3) or (4) commits an offence and is liable- (a) on conviction upon indictment to a fine at tier 8 and to imprisonment for 5 years; or (b) on summary conviction to a fine at tier 5 and to imprisonment for 6 months. (Amended 4 of 1997 s. 27) (8) For the purposes of any proceedings for an offence under subsection (6), if it is proved that a person took deposits on at least 5 separate occasions within any period of 30 days, that person shall, in the absence of evidence to the contrary, be deemed to have been carrying on a business of taking deposits. (Amended 49 of 1995 s. 5) (Amended 3 of 1990 s. 4) Cap 155 s 13 Power to grant exemptions (1) The Financial Secretary may, by notice in the Gazette, exempt any person or class of persons from section 12(1) and, if the Financial Secretary thinks fit, in that notice also exempt that person or class of persons from section 92(1) in respect of the business of taking deposits to which the exemption from section 12(1) relates. (Replaced 64 of 1987 s. 4) (2) An exemption under subsection (1) shall be subject to such conditions as are specified in the notice. (3) The Financial Secretary may at any time by notice in the Gazette- (a) revoke an exemption under subsection (1); or (b) revoke, vary, or add to, any condition subject to which such exemption is granted. Cap 155 s 14 Deposit-taking company not to take deposits less than specified sum (1) Subject to subsection (2)- (a) a deposit-taking company shall not take in Hong Kong any deposit from a depositor of a sum less than the amount specified in item 2 of the First Schedule; and (b) a restricted licence bank shall not take in Hong Kong any deposit from a depositor of a sum less than the amount specified in item 3 of the First Schedule. (Amended 95 of 1991 s. 5) (2) A deposit-taking company or restricted licence bank may take a deposit from a depositor of a sum less than the specified sum applying at the date of that deposit if the amount standing to the credit of the depositor with the deposit-taking company or restricted licence bank, as the case may be, at the time any such deposit is taken is not less than the specified sum applying at the date of that deposit. (3) Except where a depositor withdraws the whole amount standing to his credit with a deposit-taking company or a restricted licence bank, the deposit-taking company or restricted licence bank, as the case may be, shall not at the time of the withdrawal of any sum permit the amount of the balance standing to the credit of the depositor to be less than the specified sum. (4) Notwithstanding subsection (3), where a depositor has an amount standing to his credit with a deposit-taking company or a restricted licence bank at a time when the specified sum is amended by being increased, the deposit-taking company or restricted licence bank, as the case may be, may permit the amount of the balance to be reduced by withdrawals to any amount that is not less than the specified sum as it was before being so amended. (5) Every director, every chief executive and every manager of a deposit-taking company or a restricted licence bank which contravenes subsection (1) or (3) commits an offence and is liable- (Amended 32 of 2001 s. 24) (a) on conviction upon indictment to a fine at tier 8 and to imprisonment for 2 years; or (b) on summary conviction to a fine at tier 5 and to imprisonment for 6 months. (Amended 4 of 1997 s. 27)(6) Any person who holds himself out, whether as a broker or agent of a deposit-taking company or a restricted licence bank or otherwise, as being prepared to take from any person, any sum less than the specified sum for the purpose of making a deposit of that sum, or of that sum and other sums, with the deposit-taking company or restricted licence bank, as the case may be, commits an offence and is liable- (a) on conviction upon indictment to a fine at tier 8 and to imprisonment for 2 years; or (b) on summary conviction to a fine at tier 5 and to imprisonment for 6 months. (Amended 4 of 1997 s. 27)(7) Any person who enters into a contract or arrangement, or uses any device or scheme, which has the effect of, or is designed to have the effect of, avoiding subsection (1) or (3) commits an offence and is liable- (a) on conviction upon indictment to a fine at tier 8 and to imprisonment for 5 years; or (b) on summary conviction to a fine at tier 5 and to imprisonment for 6 months. (Amended 4 of 1997 s. 27) (Amended 3 of 1990 s. 5) Cap 155 s 14A Only authorized institutions may issue, etc. multi-purpose cards (1) No person shall- (a) issue a multi-purpose card; or (b) facilitate the issue of a multi-purpose card,except an authorized institution (other than an authorized institution the authorization of which is for the time being suspended under section 24 or 25) which, subject to section 16(5) as read with section 16(9), has approval to do so under section 16(3A)(a). |
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