【法规名称】
【法规编号】 82383 什么是编号？
【正 文】
第3页 CAP 581 DEPOSIT PROTECTION SCHEME ORDINANCE
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[接上页] (f) to pay rebates or refunds of contributions to Scheme members in accordance with this Ordinance; (g) to recover from, or out of the assets of, the Scheme member concerned any amount of compensation paid to depositors from the Fund, together with any interest accrued thereon in accordance with section 38; and (h) such other functions as are imposed on it under this Ordinance. Cap 581 s 6 Board to perform functions through Monetary Authority (1) Unless otherwise directed by the Financial Secretary, the Board shall perform its functions under this Ordinance through the Monetary Authority. (2) For the purposes of subsection (1), the Monetary Authority shall, under the direction of the Board, do all acts and things necessary for implementing the decisions of the Board. (3) All costs and expenses incurred by the Monetary Authority for the purposes of subsection (1) shall be charged on the Exchange Fund. (4) The Financial Secretary may, in relation to the costs and expenses that were charged under subsection (3) during such period as may be determined by him, direct that those costs and expenses, or such portion thereof as may be determined by him— (a) shall be recoverable from the Fund; and (b) shall, at a time determined by him, be paid to the Exchange Fund by the Board from the Fund.(5) The Board shall comply with any direction given under subsection (4). Cap 581 s 7 Powers of Board The Board has power to do all such things as are necessary for, or incidental or conducive to, the performance of its functions and in particular, but without prejudice to the foregoing, may— (a) borrow money from the Government or any other person for the purpose of performing its functions; (b) claim from the liquidator or provisional liquidator of a failed Scheme member payment out of the assets of the failed Scheme member for reimbursement of the amount of compensation paid to the depositors concerned from the Fund, together with any interest accrued thereon in accordance with section 38; (c) provide an indemnity to the liquidator or provisional liquidator of a failed Scheme member for the purpose of obtaining an early payment out of the assets of the failed Scheme member; (d) make any compromise, agreement or arrangement— (i) with the liquidator or provisional liquidator of a failed Scheme member, or with any other person, in respect of its claim against the assets of the failed Scheme member; or (ii) with any person in respect of its claim against a Scheme member, in relation to which it is deemed under section 24 that a specified event never occurred;(e) with the consent of the Financial Secretary, petition the Court of First Instance for the winding up of a Scheme member; (f) employ persons to assist the Board in the performance of its functions; (g) appoint persons as agents, or authorize persons— (i) to assist the Board in the performance of its functions; or (ii) where the Board is to perform its functions through the Monetary Authority, to assist the Monetary Authority in the performance of such functions;(h) appoint persons as advisers to assist the Board in the performance of its functions; (i) hold, acquire, lease, sell, charge, dispose of or otherwise deal with all kinds of property whether movable or immovable; (j) do all such things as the Board thinks fit in respect of its administration and management; and (k) exercise such other powers as are conferred on the Board under this Ordinance. Cap 581 s 8 Board may issue guidelines (1) The Board may issue, for the guidance of banks or depositors, guidelines not inconsistent with this Ordinance, indicating the manner in which it proposes to perform its functions under this Ordinance. (2) The Board shall publish a guideline issued under this section in the Gazette. (3) The Board may amend or revoke a guideline issued under this section. Subsection (2) applies to the amendment or revocation of a guideline in the same way as it applies to the issue of a guideline. (4) A person does not incur a civil or criminal liability only because the person has contravened a guideline issued under this section. If in any legal proceedings the court is satisfied that such a guideline is relevant to determining a matter that is in issue in the proceedings— (a) the guideline is admissible in evidence in the proceedings; and (b) proof that the person contravened or did not contravene the guideline may be relied on by any party to the proceedings as tending to establish or negate the matter.(5) A guideline issued under this section is not subsidiary legislation. (6) In this section, “court” (法院) includes a magistrate and the Tribunal. Cap 581 s 9 Directions of Chief Executive in Council (1) After consultation with the Chairman of the Board, the Chief Executive in Council may, on being satisfied that it is in the public interest to do so, give the Board such written directions as he thinks fit with respect to the performance of any of the Board’s functions under this Ordinance. |
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