【法规名称】
【法规编号】 82377 什么是编号？
【正 文】
第12页 CAP 155 BANKING ORDINANCE
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[接上页] (a) the refusal; and (b) the reasons for the refusal. (5) Without limiting the generality of subsection (1)(a) or (3A)(a) but subject to section 134A, the Monetary Authority may at any time, by notice in writing served on an authorized institution, attach to its authorization such conditions (including attach by way of amending conditions already attached to its authorization), or cancel any conditions attached to its authorization, as he may think proper. (6) Before exercising his power under subsection (1)(b) or (3A)(b) to refuse to authorize or approve a company, the Monetary Authority shall give the company an opportunity, within such period as the Monetary Authority may specify in writing, being a period reasonable in all the circumstances, of being heard. (7) (Repealed 4 of 1997 s. 27) (8) Every director, every chief executive and every manager of an authorized institution which contravenes any condition attached under subsection (1)(a), (3A)(a) or (5) to its authorization commits an offence and is liable- (Amended 32 of 2001 s. 24) (a) on conviction upon indictment to a fine at tier 7; or (b) on summary conviction to a fine at tier 5,and, in the case of a continuing offence, to a further fine at tier 2 for every day during which the offence continues. (Amended 4 of 1997 s. 27) (9) It is hereby declared that, without limiting the generality of subsection (1)(a), (3A)(a) or (5), conditions attached under that subsection to an authorization may- (a) impose restrictions, either generally or in any particular case, on the banking business, business of taking deposits as a deposit-taking company or business of taking deposits as a restricted licence bank, or business of issuing or facilitating the issue of multi-purpose cards, as the case may be, which may be carried on by the authorized institution to which the authorization relates; (aa) impose requirements in respect of the administration, maintenance, management, use and regulation of any sums of money which are- (i) referred to in the definition of "stored value card" in the case of a stored value card which is a multi-purpose card issued by the authorized institution to which the authorization relates; or (ii) paid to the authorized institution to which the authorization relates for facilitating the issue of a multi-purpose card; (Added 4 of 1997 s. 7)(ab) impose requirements in respect of the separation of any sums referred to in paragraph (aa) from other sums paid to or received by the institution referred to in that paragraph; (Added 4 of 1997 s. 7) (ac) in the case of subsection (5), require the authorized institution to which the authorization relates to cease any of the following- (i) issuing or facilitating the issue of multi-purpose cards; (ii) taking any further sum of money- (A) referred to in the definition of "stored value card" in relation to any multi-purpose cards issued by it; or (B) for facilitating the issue of multi-purpose cards, with effect on and from such date as is specified in the notice under that subsection concerned; (Added 4 of 1997 s. 7)(b) notwithstanding any other provisions of this Ordinance or the provisions of any other enactment (including the Companies Ordinance (Cap 32)), impose requirements in relation to the accounts of the authorized institution to which the authorization relates, including- (i) the institution's audited annual accounts within the meaning of section 60(11); (ii) any supplementary information to those audited annual accounts; (iii) the report of the directors under section 129D(1) of the Companies Ordinance (Cap 32); (iv) the institution's cash flow statement, together with any notes thereon, where the statement does not already form part of those audited annual accounts; (v) the disclosure (whether to the public or otherwise) of those audited annual accounts, that supplementary information, that report, that cash flow statement or those notes. (10) The Monetary Authority may from time to time cause to be prepared and published by notice in the Gazette, for the guidance of companies seeking to be authorized, guidelines not inconsistent with this Ordinance, indicating the manner in which he proposes to exercise functions conferred or imposed by this section and the Seventh Schedule upon him. (Replaced 49 of 1995 s. 6. Amended 4 of 1997 s. 7) Cap 155 s 17 Application for authorization in the case of proposed company Where a body of persons proposes to form a company for the purpose of carrying on a business referred to in section 15(1), it may apply to the Monetary Authority for an intimation as to whether or not the company will be authorized to carry on that business upon its incorporation and, in the case of any such application, the provisions of sections 15(2) and 16 and the Seventh Schedule shall be read and have effect with such modifications as may be necessary to take account of such application. (Replaced 49 of 1995 s. 6) Cap 155 s 18 Variation of authorization |
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