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[接上页] (5) Where there is any doubt or dispute as to whether a medium of exchange is a currency for the purposes of this Ordinance, the Monetary Authority may, by notice in the Gazette- (a) declare that medium of exchange to be a currency for the purposes of this Ordinance; (b) declare that medium of exchange not to be a currency for the purposes of this Ordinance. (Added 94 of 1993 s. 2) (6) Any reference in this Ordinance to any person who signs any document includes a reference to any person who authorizes the signing of the document. (Added 49 of 1995 s. 2) (7) Any reference in any provision of this Ordinance to a specified form means the form specified under section 133 for the purposes of that provision. (Added 49 of 1995 s. 2) (8) For the avoidance of doubt, it is hereby declared that any reference in this Ordinance to taking a deposit (or words to the like effect) includes holding a deposit. (Added 49 of 1995 s. 2) (9) Any reference in this Ordinance to the relevant banking supervisory authority, in relation to a company incorporated outside Hong Kong, means the banking supervisory authority outside Hong Kong which, in the opinion of the Monetary Authority, has a supervisory responsibility for that company (and whether or not that authority is located in the place where that company is incorporated). (Added 49 of 1995 s. 2. Amended 42 of 1999 s. 2) (10) In sections 18(4), 22(4), 24(5) and 25(3), the term "continuing to hold a deposit" (继续持有存款) includes renewing a deposit. (Added 49 of 1995 s. 2) (11) References in this Ordinance to a person ("the facilitator") facilitating the issue of a multi-purpose card (or words to the like effect) mean facilitating the issue of such a card- (a) by another person ("the issuer"); and (b) by the provision, whether directly or indirectly or by electronic means or otherwise, by the facilitator to the issuer of valuable consideration the value of which determines, whether in whole or in part, the extent to which the issuer may provide any undertaking referred to in the definition of "stored value card" in respect of such multi-purpose card. (Added 4 of 1997 s. 3)(12) References in this Ordinance to the affairs, business and property of an authorized institution (including a former authorized institution) shall include, in the case of an institution which has or had approval under section 16(3A)(a) to issue or facilitate the issue of multi-purpose cards, any affairs, business and property of the institution arising from, or attributable to, whether directly or indirectly, that approval. (Added 4 of 1997 s. 3) (13) Where the Monetary Authority has exercised his power under section 22(1) to propose to revoke the authorization of an authorized institution, or the proposed revocation of the authorization of an authorized institution has taken effect in accordance with section 22(3), then, in the case of an institution which has or had approval under section 16(3A)(a) to issue or facilitate the issue of multi-purpose cards, section 22(4) shall, with all necessary modifications, operate in relation to any sum of money which is- (a) referred to in the definition of "stored value card" in the case of a stored value card which is such a multi-purpose card issued by the authorized institution or former authorized institution, as the case may be; or (b) paid to the authorized institution or former authorized institution, as the case may be, for facilitating the issue of such a multi-purpose card,as if any such sum was a deposit referred to in section 22(4) in respect of which the Monetary Authority may exercise his power under section 22(4) (and that power may be exercised accordingly). (Added 4 of 1997 s. 3) (14) The Monetary Authority may, by notice in the Gazette, and subject to such conditions, if any, as are specified in the notice- (a) declare an instrument, or a class of instruments, to be an instrument, or a class of instruments, as the case may be, for the purposes of the definition of "money broker"; (b) declare a person, or a class of persons, not to be a money broker, or a class of money brokers, as the case may be, for the purposes of the definition of "money broker"; (c) declare a person, or a class of persons, to be a person, or a class of persons, as the case may be, to whom paragraph (b)(i) of the definition of "money broker" shall not apply; (ca) declare a place of business, or a class of places of business, not to be a place of business, or a class of places of business, as the case may be, for the purposes of the definition of "local office"; (Added 32 of 2001 s. 2) (cb) declare a person, or a class of persons, not to be a manager, or a class of managers, as the case may be, for the purposes of the definition of "manager"; (Added 32 of 2001 s. 2) (d) declare a stored value card, or a class of stored value cards, not to be a stored value card, or a class of stored value cards, as the case may be, for the purposes of the definition of "multi-purpose card". (Added 4 of 1997 s. 3)(15) It is hereby declared that- |