【法规名称】
【法规编号】 82383 什么是编号？
【正 文】
第10页 CAP 581 DEPOSIT PROTECTION SCHEME ORDINANCE
|
[接上页] Cap 581 s 32 Boardˇs duties and powers on occurrence of specified event Remarks: not yet in operation Division 3—Payment of compensation and related matters (1) If a specified event has occurred in relation to a Scheme member— (a) the Board shall as soon as practicable after the occurrence inform the depositors of the Scheme member by notice published in any daily newspaper in circulation in Hong Kong, or by other means the Board considers appropriate, of the occurrence; and (b) the Board— (i) may, for the purpose of performing its functions, require a depositor, or each depositor of a class of depositors, of the Scheme member to supply the Board with information and documents in support of the entitlement of the depositor or other persons to compensation under Division 2; and (ii) shall thereupon inform the depositors concerned by notice published in any daily newspaper in circulation in Hong Kong, or by other means the Board considers appropriate, of the requirement.(2) If a specified event has occurred in relation to a Scheme member— (a) the Board, or a person appointed as an agent of the Board or authorized by the Board under this Ordinance, may, for the purpose of the performance by the Board of its functions under this Ordinance, have access to the premises and records of the Scheme member; and (b) every director, chief executive, manager, employee or agent of the Scheme member, the liquidator or provisional liquidator of the Scheme member, or any person in possession of the records of the Scheme member, shall, subject to subsection (3)— (i) afford the Board, or a person appointed as an agent of the Board or authorized by the Board under this Ordinance, access to those records; and (ii) provide such assistance to the Board, or such a person so appointed or authorized, as the Board or person may require for the exercise of the power under paragraph (a).(3) The Board shall not require the disclosure by a solicitor or counsel of any privileged communication, whether oral or written, made to or by him in that capacity. (4) Any person who, without reasonable excuse, contravenes subsection (2)(b) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months. (5) If a specified event has occurred in relation to a Scheme member, the Board shall decide in accordance with this Ordinance— (a) whether a depositor of the Scheme member or any other person is entitled, in respect of the depositor’s protected deposit with the Scheme member, to compensation under Division 2; and (b) if he is, the amount of compensation to which he is entitled under Division 2.(6) In making a decision under subsection (5), the Board may rely on the records obtained from the Scheme member except to the extent of any manifest error that appears on the face of those records. (7) The Board shall as soon as practicable after a decision has been made under subsection (5)— (a) notify the depositor of its decision in writing; and (b) if applicable, pay the compensation, subject to section 35, to the depositor from the Fund. (8) In this section— “agent” (代理人), in relation to a Scheme member, includes— (a) the bankers and solicitors of the Scheme member; and (b) any persons, whether officers of the Scheme member or not, who are engaged as the auditors of the Scheme member;“manager” (经理) has the meaning assigned to it by section 2(1) of the Banking Ordinance (Cap 155); “records” (纪录), in relation to a Scheme member, includes books, accounts, records of transactions and information systems of the Scheme member. (9) In this section, any reference to a director, chief executive, manager, employee or agent of a Scheme member includes a person who has been but no longer is a director, chief executive, manager, employee or agent of the Scheme member. Cap 581 s 33 Boardˇs powers in relation to arrangements designed to increase amount of compensation Remarks: not yet in operation (1) Subsection (2) applies if— (a) an arrangement has been entered into or carried out on or after the relevant date in relation to a protected deposit with a Scheme member except where the arrangement is one in pursuance of a legally enforceable obligation incurred prior to that date; (b) the arrangement has, or would have had but for this section, the effect of enabling a person to become entitled to an amount of compensation under Division 2, to which the person would otherwise not be entitled; and (c) it would be concluded, having regard to— (i) the manner in which, and the circumstances under which, the arrangement was entered into or carried out; (ii) the form and substance of the arrangement; and (iii) the result in relation to the operation of this Ordinance that, but for this section, would have been achieved by the arrangement, that the arrangement was entered into or carried out for the sole or dominant purpose of enabling the person, either alone or in conjunction with other persons, to become entitled to an amount of compensation under Division 2, to which the person would otherwise not be entitled.(2) The Board shall exercise its power under section 32(5)— |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！