【法规名称】
【法规编号】 82383 什么是编号？
【正 文】
第11页 CAP 581 DEPOSIT PROTECTION SCHEME ORDINANCE
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[接上页] (a) as if the arrangement or any part thereof had not been entered into or carried out; or (b) in such other manner as the Board considers appropriate to counteract the effect of the arrangement.(3) In this section— “arrangement” (安排) includes an arrangement, transaction, operation or scheme whether or not such arrangement, transaction, operation or scheme is enforceable, or intended to be enforceable, by legal proceedings; “relevant date” (有关日期), in relation to a Scheme member, means— (a) the date on which a Manager within the meaning of section 2(1) of the Banking Ordinance (Cap 155) is appointed in respect of the Scheme member under section 52 of that Ordinance; or (b) the date on which the petition for the winding up of the Scheme member is presented,whichever is the earlier. Cap 581 s 34 Compensation in Hong Kong dollars Remarks: not yet in operation Compensation payable in accordance with this Ordinance shall be paid in Hong Kong dollars regardless of the currency in which the protected deposit concerned is denominated. Cap 581 s 35 Limits to amount of compensation Remarks: not yet in operation The amount of compensation payable to a depositor of a failed Scheme member in accordance with this Ordinance shall not exceed the amount in respect of which the depositor would, on the winding up of the failed Scheme member, be entitled to priority under section 265(1)(db) of the Companies Ordinance (Cap 32). Cap 581 s 36 Interim payment Remarks: not yet in operation If a specified event has occurred in relation to a Scheme member, and the Board considers that, in relation to a depositor of the Scheme member— (a) there is uncertainty as to the entire amount of compensation payable to the depositor in accordance with this Ordinance; or (b) the time required to ascertain the entire amount of compensation payable to the depositor in accordance with this Ordinance would be so long as to unduly delay the payment of compensation to the depositor by the Board,the Board may make an interim payment of compensation to the depositor of such an amount as the Board considers appropriate. Cap 581 s 37 Recovery of payment by Board Remarks: not yet in operation (1) If the amount of compensation paid, whether or not as an interim payment under section 36, to a depositor from the Fund is later found to be greater than the amount of compensation payable to the depositor in accordance with this Ordinance, the depositor shall repay the excess to the Board in a manner, and within a period, specified by the Board. (2) If a depositor contravenes subsection (1)— (a) the Board may impose on the depositor a late repayment fee of a sum not exceeding 5% of the amount of the excess that remains to be repaid by the depositor; and (b) the depositor shall pay to the Board the late repayment fee in a manner, and within a period, specified by the Board.(3) Such excess or late repayment fee as a depositor is required to repay or pay under this section is recoverable by the Board from the depositor as a debt due to the Board. The Board may, in relation to the excess or late repayment fee— (a) determine, if it considers uneconomical to do so, not to recover the same from the depositor; or (b) take such steps as it considers appropriate to recover the same from the depositor.(4) The Board shall, on collecting any such excess or late repayment fee from a depositor, pay it into the Fund. Cap 581 s 38 Subrogation Remarks: not yet in operation (1) If the Board makes a payment of compensation to a depositor of a Scheme member from the Fund— (a) subject to subsection (2), the Board is, notwithstanding any rule of law, subrogated, to the extent of the net amount of that payment and, where the amount of that payment is calculated on the basis of a quantification date within the meaning of section 25(1)(a), any interest, calculated in accordance with subsection (5), accrued on the net amount of that payment, to all the rights and remedies of the depositor in relation to all his deposits, whether or not protected deposits, with the Scheme member, in priority over— (i) the rights and remedies of the depositor in relation to those deposits; and (ii) the rights and remedies of any person who is subrogated, whether or not before the Board’s subrogation, to the rights and remedies of the depositor in relation to those deposits; and(b) until the Board has been reimbursed in full the net amount of that payment and any interest accrued on that net amount in accordance with this section, the depositor, or any person who is subrogated, whether or not before the Board’s subrogation, to the rights and remedies of the depositor in relation to those deposits, has no right in bankruptcy or winding up or by legal proceedings or otherwise to receive in respect of those deposits any amount from, or out of the assets of, the Scheme member.(2) The Board is not subrogated to any rights and remedies of the depositor in respect of compensation payable out of the Investor Compensation Fund established under section 236 of the Securities and Futures Ordinance (Cap 571). |
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