【法规名称】
【法规编号】 82383 什么是编号？
【正 文】
CAP 581 DEPOSIT PROTECTION SCHEME ORDINANCE
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An Ordinance to provide for the establishment of a Hong Kong Deposit Protection Board; to provide for the establishment by the Board of a Deposit Protection Scheme for the purpose of providing compensation to depositors under certain circumstances in respect of deposits maintained with banks that are members of the Scheme; to provide for the establishment of a Deposit Protection Scheme Fund from which such compensation is to be paid; to provide for contributions to the Fund and for the entitlement to, and payment of, compensation from the Fund; to make consequential and other amendments to other Ordinances; and to provide for connected purposes. [Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, 19, 20, 21, 46, 47, 49, 50, 51, 53 and 54 Section 55 (in so far as it relates to sections 2, 4 and 8 of Schedule 5) Schedules 1 and 2 Sections 2, 4 and 8 of Schedule 5 } } } } 22 May 2004 L.N. 101 of 2004] (Originally 7 of 2004) Cap 581 s 1 Short title and commencement PART 1 PRELIMINARY (1) This Ordinance may be cited as the Deposit Protection Scheme Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Financial Services and the Treasury by notice published in the Gazette. Cap 581 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires— “applicant” (申请人) means a person who applies to the Tribunal under section 41(1), (2) or (3) for a review of— (a) a decision, or an assessment, of the Board; or (b) a decision of the Monetary Authority;“authorized institution” (认可机构) has the meaning assigned to it by section 2(1) of the Banking Ordinance (Cap 155); “bank” (银行) means a company— (a) that holds a valid banking licence; or (b) the banking licence of which is for the time being suspended under section 24 or 25 of the Banking Ordinance (Cap 155);“banking licence” (银行牌照) means a banking licence granted under section 16 of the Banking Ordinance (Cap 155); “bare trustee” (被动受讬人), in relation to a deposit or portion thereof, means a person holding the deposit or that portion on trust for a beneficiary where the beneficiary has the exclusive right to direct how the deposit or that portion is to be dealt with subject only to the right of the person to resort to the deposit or that portion to satisfy any outstanding charge or lien or for the payment of duty, taxes, costs or other outgoings; “Board” (存保委员会) means the Hong Kong Deposit Protection Board established by section 3; “chief executive” (行政总裁), in relation to a Scheme member or a bank, means the chief executive appointed under section 74 of the Banking Ordinance (Cap 155) in respect of the Scheme member or the bank, and includes an alternate chief executive so appointed; “client account” (客户帐户), in relation to a depositor, means an account maintained by the depositor with a bank for the purpose of holding money held by the depositor for a client of the depositor, whether or not other money may be held in the account; “contribution” (供款) means— (a) the build-up levy within the meaning of Schedule 4; (b) the expected loss levy within the meaning of Schedule 4; or (c) the surcharge within the meaning of Schedule 4;“deposit” (存款) has the meaning assigned to it by section 2(1) of the Banking Ordinance (Cap 155); “depositor” (存款人) means a person entitled to repayment of a deposit, whether made by him or not; “director” (董事) includes any person who occupies the position of director, whatever the title of his office; “Exchange Fund” (外汇基金) means the Exchange Fund established by the Exchange Fund Ordinance (Cap 66); “Exchange Fund Bill” (外汇基金票据) means any instrument described as such which is issued by the Government for the account of the Exchange Fund under the Exchange Fund Ordinance (Cap 66); “failed Scheme member” (无力偿付成员) means a Scheme member in relation to which a specified event has, for the purposes of Part 5, occurred; “function” (职能) includes a power and a duty; “Fund” (存保基金) means the Deposit Protection Scheme Fund established by section 14; “HKAB” (香港银行公会) means The Hong Kong Association of Banks incorporated by section 3 of The Hong Kong Association of Banks Ordinance (Cap 364); “holding company” (控股公司) means a holding company within the meaning of section 2 of the Companies Ordinance (Cap 32); “information system” (资讯系统) has the meaning assigned to it by section 2(1) of the Electronic Transactions Ordinance (Cap 553); “late payment fee” (逾期缴付费) means the late payment fee imposed by the Board under section 15(4)(a); “liquidator” (清盘人) means a liquidator appointed by virtue of or under section 194 of the Companies Ordinance (Cap 32); “MA supervisory rating” (专员监管评级), in relation to a Scheme member, means the supervisory rating that— |
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