【法规名称】
【法规编号】 82377 什么是编号？
【正 文】
第5页 CAP 155 BANKING ORDINANCE
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[接上页] (ii) by virtue of- (A) in the case of an institution falling within paragraph (a) of the definition of "registered institution", section 25(a) or 32 of Schedule 10 to the Securities and Futures Ordinance (Cap 571); (B) in any other case, the certificate of registration granted to it; (Added 6 of 2002 s. 2)"require" (要求) means reasonably require; (Added 32 of 2001 s. 2) "reserves" (储备), in relation to an authorized institution, means reserves which appear in the accounts of the institution, but does not include any reserves which are represented by the writing down of the value of assets or by provision for the depreciation of fixed assets; (Added 95 of 1991 s. 2) "restricted banking licence" (有限制银行牌照) means a restricted banking licence granted under section 16; (Added 3 of 1990 s. 2. Amended 49 of 1995 s. 2) "restricted licence bank" (有限制牌照银行) means a company which holds a valid restricted banking licence. (Added 3 of 1990 s. 2) "Securities and Futures Commission" (证监会) means the Securities and Futures Commission referred to in the Securities and Futures Ordinance (Cap 571); (Added 6 of 2002 s. 2) "share" (股份) means share in the share capital of a company, and includes stock except where a distinction between stock or shares is expressed or implied; and the expression "shareholder" (股东) includes a stockholder; "short-term deposit" (短期存款) means a deposit with an original term to maturity of less than the period specified in item 1 of the First Schedule or with a period of call or notice of less than such specified period; (Amended 3 of 1990 s. 2) "single-purpose card" (单用途储值卡) means a stored value card referred to in paragraphs (a) and (b)(i) of the definition of "stored value card"; (Added 4 of 1997 s. 3) "specified sum" (指明款项), in relation to- (a) a deposit-taking company, means the sum referred to in section 14(1)(a); and (b) a restricted licence bank, means the sum referred to in section 14(1)(b); (Amended 3 of 1990 s. 2) "stored value card" (储值卡) means a card (or like thing) on which data may be stored (or otherwise recorded) in electronic, magnetic or optical form and for or in relation to which a person pays a sum of money to the issuer of the card, whether directly or indirectly, in exchange for- (a) the storage of the value of that money, whether in whole or in part, on the card; and (b) either- (i) an undertaking (whether express or implied) by the issuer that, on the production of the card to the issuer, and whether or not some other action is also required, the issuer will supply goods or services (which shall not include money or money's worth); or (ii) an undertaking (whether express or implied) by the issuer that, on the production of the card to the issuer or a third party, and whether or not some other action is also required, the issuer or the third party, as the case may be, will supply goods or services (which may include money or money's worth); (Added 4 of 1997 s. 3)"unsuccessful" (不成功), in relation to an appeal, includes any case where the appeal is abandoned or withdrawn; (Added 49 of 1995 s. 2) "working day" (工作日) means a day other than a public holiday or a gale warning day within the meaning of section 2 of the Judicial Proceedings (Adjournment During Gale Warning Days) Ordinance (Cap 62). (Added 95 of 1991 s. 2) (Amended 3 of 1990 s. 2; 43 of 1990 s. 2; 95 of 1991 s. 2; 94 of 1993 s. 2; 49 of 1995 s. 2; 5 of 2002 s. 407)(2) For the purposes of this Ordinance- (a) the taking of deposits includes holding out as being prepared to take deposits; (b) an advertisement, invitation or document issued by any person by way of display or exhibition in a public place shall be treated as being issued by him on every day on which he causes or authorizes it to be displayed or exhibited; (c) an advertisement, invitation or document which consists of or contains information likely to lead, directly or indirectly, members of the public to- (i) make deposits; or (ii) enter into, or offer to enter into, agreements to make deposits, shall be treated as being an advertisement, invitation or document which is or contains an advertisement, invitation or document to members of the public so to do; and(d) an advertisement, invitation or document issued by one person on behalf of or to the order of another shall be treated as an advertisement, invitation or document, as the case may be, issued by that other person. (Amended 32 of 2001 s. 2)(3) Without limiting the generality of any other meaning which "insolvent" (无力偿债) may have, an authorized institution shall, for the purposes of this Ordinance, be deemed to be insolvent if it has ceased to pay its debts in the ordinary course of business or it cannot pay its debts as they become due. (4) Where, under this Ordinance, an authorized institution is required to provide facilities to any person for the purpose of any investigation or examination of the institution, such facilities shall include photocopying facilities. |
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