【法规名称】
【法规编号】 82383 什么是编号？
【正 文】
第4页 CAP 581 DEPOSIT PROTECTION SCHEME ORDINANCE
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[接上页] (2) The Board shall comply with any written direction given under subsection (1). (3) If a written direction is given under subsection (1), a requirement under an Ordinance that the Board shall, for the purpose of performing any of the functions to which the written direction relates— (a) form any opinion; (b) be satisfied as to any matter (including existence of particular circumstances); or (c) consult any person, does not apply for any purpose connected with the performance of functions pursuant to, or consequent upon, the written direction. Cap 581 s 10 Exemption from taxation The Board is exempt from taxation under the Inland Revenue Ordinance (Cap 112). Cap 581 s 11 Establishment of Deposit Protection Scheme Remarks: not yet in operation PART 3 DEPOSIT PROTECTION SCHEME The Board shall, for the purposes of this Ordinance, establish and maintain a scheme to be known as the “Deposit Protection Scheme” in English and “存款保障计划” in Chinese. Cap 581 s 12 Membership of Scheme Remarks: not yet in operation (1) Subject to section 13, every bank is a member of the Scheme and remains as such until— (a) the company ceases to be a bank by virtue of section 18(3) of the Banking Ordinance (Cap 155); or (b) its banking licence is revoked under that Ordinance.(2) In the case of a bank the banking licence of which was granted on or before the commencement of this section, it becomes a member of the Scheme on that commencement. (3) In the case of a bank the banking licence of which is granted after the commencement of this section, it becomes a member of the Scheme on the date on which its banking licence is granted. Cap 581 s 13 Exemption Remarks: not yet in operation (1) A bank may apply to the Board for an exemption from section 12(1). (2) An application under subsection (1) for an exemption is— (a) to be made in the manner specified by the Board; and (b) to be accompanied by such information and documents as the Board may reasonably require for the purpose of deciding whether the exemption should be granted.(3) The Board may, on receipt of an application under subsection (1) from a bank— (a) exempt the bank from section 12(1); or (b) refuse to so exempt the bank.(4) The Board shall not exempt a bank from section 12(1) unless it is satisfied that— (a) the bank is incorporated outside Hong Kong; (b) the deposits taken by the bank at its Hong Kong offices are protected by a deposit protection scheme, or other scheme of a similar nature, established and maintained in the jurisdiction in which the bank is incorporated; and (c) the scope and level of protection available to those deposits under that scheme are not in all material respects narrower, and lower, than those that would be available to those deposits under the Scheme if the bank were not exempted.(5) If the Board exempts a bank from section 12(1)— (a) it is a condition of the exemption— (i) that the bank shall pay an annual exemption fee of such amount as may be specified by the Board from time to time; (ii) that the bank shall forthwith notify the Board of any change of circumstances which may affect the exemption and, if so required by the Board, supply further information and documents to assist the Board in deciding whether the exemption should continue to be granted; and (iii) where the bank is exempted from section 12(1) after having been a member of the Scheme, that the bank shall, in relation to any deposit taken by it before the date specified in the notice referred to in subsection (6) as the date on which the exemption takes effect— (A) at the written request of the depositor made within 3 months after that date; and (B) without imposing any fee or penalty on the depositor, repay the deposit, and pay the interest accrued thereon, prior to maturity; and(b) the Board may impose such other conditions of the exemption as the Board considers appropriate.(6) As soon as practicable after having made a decision on an application under subsection (1) from a bank, the Board shall give notice in writing to the bank of its decision and, in the case of a decision to refuse to exempt the bank from section 12(1) or to impose any condition under subsection (5)(b), the reasons for its decision. (7) An exemption from section 12(1) remains in force until it is revoked by the Board. (8) The Board may, by notice in writing given to a bank the subject of an exemption from section 12(1)— (a) impose any further condition of the exemption as the Board considers appropriate; (b) vary any condition imposed under paragraph (a) or subsection (5)(b); (c) revoke any condition imposed under paragraph (a) or subsection (5)(b); or (d) revoke the exemption if any condition of the exemption has not been or is not being complied with,and shall, in the case of a decision to impose any further condition, vary any condition or to revoke an exemption, state the reasons for its decision in the notice. (9) Before exercising its power under subsection (3)(b), (5)(b) or (8)(a), (b) or (d), the Board shall afford the bank an opportunity, within such period as the Board may specify in writing, being a period reasonable in all the circumstances, of being heard. |
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