【法规名称】
【法规编号】 82377 什么是编号？
【正 文】
第11页 CAP 155 BANKING ORDINANCE
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[接上页] (2) The provisions of sections 11, 12 and 14 shall not apply to or in relation to a sum of money- (a) referred to in the definition of "stored value card" in the case of a stored value card which- (i) is a multi-purpose card; or (ii) but for a declaration under section 2(14)(d), would be a multi-purpose card; or(b) paid for facilitating the issue of- (i) a multi-purpose card; or (ii) a stored value card which, but for a declaration under section 2(14)(d), would be a multi-purpose card,if, but only if, the sum is paid, whether directly or indirectly, to- (i) an authorized institution which has the relevant approval referred to in subsection (1); or (ii) an issuer of a stored value card which, but for a declaration under section 2(14)(d), would be a multi-purpose card.(3) Any person who and every director and manager of a company which contravenes subsection (1) 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.(4) 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) 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. (Added 4 of 1997 s. 5) Cap 155 s 15 Application for authorization, etc. PART IV AUTHORIZATION (1) A company which proposes to carry on- (a) banking business; (b) a business of taking deposits as a deposit-taking company; or (c) a business of taking deposits as a restricted licence bank, shall apply to the Monetary Authority for authorization to carry on that business. (2) There shall be lodged with the Monetary Authority in respect of an application for authorization from a company- (a) a copy of the memorandum and articles of association or other document constituting the company, which shall be verified in such manner as the Monetary Authority may require; and (b) such other documents and information as may be required by the Monetary Authority.(3) An application for authorization from a company where- (a) subsection (1)(b) is applicable; and (b) the principal business of which is or will be the issuing or facilitating the issue of multi-purpose cards,may include an application that the company be approved under section 16(3A)(a) to issue or facilitate the issue of such cards. (Added 4 of 1997 s. 6) (Replaced 49 of 1995 s. 6) Cap 155 s 16 Grant or refusal of authorization, etc. (1) Subject to subsections (2) and (6), the Monetary Authority may, on receipt of an application in accordance with section 15 from a company- (a) authorize the company to carry on the business the subject of the application subject to such conditions, if any, as he may think proper to attach to the company's authorization in any particular case; or (b) refuse to so authorize the company. (2) Without limiting the generality of subsection (1)(b), the Monetary Authority shall refuse to authorize a company under that subsection if any one or more of the criteria specified in the Seventh Schedule applicable to or in relation to the company are not fulfilled with respect to the company. (3) The authorization of a company under subsection (1)(a) shall be effected by- (a) the grant of a banking licence where the carrying on of banking business is the subject of the company's application for authorization; (b) registering the company where the carrying on of a business of taking deposits as a deposit-taking company is the subject of the company's application for authorization, for which purpose the Monetary Authority shall- (i) enter in the register the relevant particulars specified in section 20; and (ii) notify the company in writing of the registration and date of registration; (c) the grant of a restricted banking licence where the carrying on of a business of taking deposits as a restricted licence bank is the subject of the company's application for authorization.(3A) Where the Monetary Authority has authorized a company under subsection (1)(a) and section 15(3) is applicable to the application referred to in that subsection from the company, the Monetary Authority may- (a) approve the company to issue or facilitate the issue of multi-purpose cards subject to such conditions, if any, as he may think proper to attach to the company's authorization in any particular case; (b) subject to subsection (6), refuse to so approve the company. (Added 4 of 1997 s. 7)(3B) A bank shall be deemed to be approved under subsection (3A)(a) to issue or facilitate the issue of multi-purpose cards, and the other provisions of this Ordinance shall be construed accordingly (but without prejudice to the operation of subsection (9)(ac)). (Added 4 of 1997 s. 7) (4) Where the Monetary Authority refuses to authorize a company under subsection (1)(b) or to approve a company under subsection (3A)(b), he shall notify the company in writing of- |
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