【法规名称】
【法规编号】 82377 什么是编号？
【正 文】
第7页 CAP 155 BANKING ORDINANCE
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[接上页] (a) any reference to "production" in the definition of "stored value card" includes the use of a stored value card to operate a machine or other device; and for the purpose of- (i) obtaining or paying for, whether directly or indirectly, the supply of goods or services by the issuer or a third party, or any combination thereof; or (ii) the transfer to another person of money or money's worth, whether directly or indirectly;(b) where the issuer of a multi-purpose card is or was a bank, then any obligation- (i) on the issuer to redeem or refund, or otherwise give value for, any value which is or was stored on that card; and (ii) which is recorded, or which is required to be recorded, as a liability on the balance sheet of the issuer, shall be deemed to be a deposit for the purposes of section 265(1)(db) of the Companies Ordinance (Cap 32);(c) any reference in this Ordinance to a person acting as a money broker (or words to the like effect) includes a person holding himself out to be a money broker; (d) a notice under subsection (14) is subsidiary legislation. (Added 4 of 1997 s. 3)(16) Any reference in this Ordinance to a continuing offence means an offence consisting of a person's continued default, refusal or other contravention of a requirement (howsoever described) of this Ordinance, and notwithstanding that the period specified by or under this Ordinance for complying with that requirement has expired. (Added 4 of 1997 s. 3) (17) For the avoidance of doubt, it is hereby declared that any reference in this Ordinance to the commission of an offence by every director, every chief executive and every manager of an authorized institution or other company (including any grammatical variations or cognate expressions of such reference) means that one or more than one of any such director, chief executive and manager may be prosecuted for the offence. (Added 32 of 2001 s. 2) Cap 155 s 3 Application (1) Part III of this Ordinance shall not apply to the taking of any deposit by- (a) a trust company registered under Part VIII of the Trustee Ordinance (Cap 29); (b) a credit union registered under the Credit Unions Ordinance (Cap 119); (c) a company, where such deposit is secured by a mortgage, or charge, registered or to be registered under the Companies Ordinance (Cap 32); (d) a person bona fide carrying on insurance business where such deposit is taken in the ordinary course of such business; (e) a person bona fide operating a superannuation or provident fund where such deposit is taken for the purposes of such fund; (f) a public utility company specified in Schedule 3 to the Inland Revenue Ordinance (Cap 112) where such deposit is taken from a consumer; (Amended 95 of 1991 s. 3) (g) an employer where such deposit is taken from a bona fide employee; (h) a solicitor, where such deposit is taken from a client, or as a stakeholder, in the ordinary course of his practice; (Amended 64 of 1987 s. 3) (i) (Repealed 78 of 1999 s. 7) (j) a corporation who is licensed to carry on a business in dealing in securities, dealing in futures contracts, leveraged foreign exchange trading or securities margin financing under Part V of the Securities and Futures Ordinance (Cap 571) where rules made under section 149 of that Ordinance apply to such deposit; (Replaced 5 of 2002 s. 407(2)) (ja) a mutual fund or unit trust authorized as a collective investment scheme under section 104 of the Securities and Futures Ordinance (Cap 571); (Replaced 5 of 2002 s. 407(2)) (k) a person authorized under Part III of the Securities and Futures Ordinance (Cap 571) to provide automated trading services as defined in Part 2 of Schedule 5 to that Ordinance, where such deposit is provided as security in relation to a transaction referred to in paragraph (c) of that definition; (Replaced 5 of 2002 s. 407(2)) (ka) (Repealed 5 of 2002 s. 407(2)) (l) a recognized clearing house within the meaning of section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571), where such deposit is provided as security in relation to a market contract within the meaning of that section; or (Added 68 of 1992 s. 20. Amended 62 of 1995 s. 12; 5 of 2002 s. 407(2)) (m) the Exchange Fund established by the Exchange Fund Ordinance (Cap 66). (Replaced 64 of 1987 s. 3) (2) Part III of this Ordinance shall not apply to the taking of any deposit from- (a) an authorized institution; (b) a bank incorporated outside Hong Kong that is not an authorized institution; (Amended 94 of 1993 s. 3; 49 of 1995 s. 3) (c) a money lender licensed under the Money Lenders Ordinance (Cap 163) in the ordinary course of his business as a money lender; or (d) a pawnbroker licensed under the Pawnbrokers Ordinance (Cap 166) in the ordinary course of his business as a pawnbroker. (3) Notwithstanding anything in The Hongkong and Shanghai Banking Corporation Limited Ordinance (Cap 70), this Ordinance shall apply to The Hongkong and Shanghai Banking Corporation Limited. (Amended L.N. 333 of 1989; 95 of 1991 s. 3) |
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