【法规名称】
【法规编号】 82383 什么是编号？
【正 文】
第5页 CAP 581 DEPOSIT PROTECTION SCHEME ORDINANCE
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[接上页] (10) A bank exempted from section 12(1) shall, as soon as practicable after the relevant time, inform in writing its depositors, or any person who is not already a depositor of the bank but has informed the bank that he intends to make a deposit with the bank— (a) that it is not a member of the Scheme; (b) that any deposit, in whole or in part, taken by the bank at any of its Hong Kong offices is not protected by the Scheme, but is 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) of the following information about the scheme— (i) the name, address, telephone number and website (if any) of the organization operating the scheme; (ii) the scope and level of protection available to the deposits under the scheme; (iii) the type of deposits protected by the scheme; and (iv) any other information about the scheme, if any, as specified for this purpose in the conditions of the exemption.(11) If a bank contravenes subsection (10), every director and every chief executive of the bank commits an offence and is liable— (a) on conviction on indictment to a fine of $400000 and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.(12) In subsection (10), “relevant time” (有关时间)— (a) in relation to the bank’s depositors, means the time when the bank receives the notice of decision of the Board given under subsection (6); (b) in relation to a person who is not already a depositor of the bank but has informed the bank that he intends to make a deposit with the bank, means the time when the person so informs the bank. Cap 581 s 14 Establishment of Deposit Protection Scheme Fund PART 4 DEPOSIT PROTECTION SCHEME FUND (1) There is established by this section a fund to be known as the “Deposit Protection Scheme Fund” in English and “存款保障计划基金” in Chinese. (2) The Fund is to consist of— (a) contributions and late payment fees collected from Scheme members; (b) money recovered by the Board from, or out of the assets of, Scheme members; (c) returns on investments made under section 21; (d) money borrowed by the Board for the purpose of performing its functions; and (e) any other money lawfully paid into the Fund. Cap 581 s 15 Contributions to Fund Remarks: not yet in operation (1) The Board shall assess the amount of contribution payable by each Scheme member. (2) As soon as practicable after having made an assessment under subsection (1), the Board shall notify the Scheme member of the assessment in writing. (3) A Scheme member shall pay to the Board, in the prescribed manner and within the prescribed period, the amount of contribution assessed by the Board. (4) If a Scheme member fails to pay any contribution in contravention of subsection (3)— (a) the Board may impose on the Scheme member a late payment fee of $5000, or of a sum equivalent to 10% of the amount of the contribution that remains to be paid by the Scheme member, whichever is the greater; and (b) the Scheme member shall pay to the Board the contribution that remains to be paid by it, and the late payment fee, in the prescribed manner and within a period specified by the Board.(5) The Board shall, on collecting any contribution or late payment fee from a Scheme member, pay it into the Fund. (6) If a Scheme member contravenes subsection (4)(b), every director and every chief executive of the Scheme member commits an offence and is liable— (a) on conviction on indictment to a fine of $400000 and to imprisonment for 2 years; or (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.(7) Schedule 4 has effect with respect to the contributions payable by a Scheme member and to rebates and refunds of contributions. Cap 581 s 16 Payments from Fund There shall be paid from the Fund, as required under this Ordinance, the following— (a) expenses incurred— (i) in investigating or deciding the entitlement of depositors and other persons to compensation under Division 2 of Part 5; (ii) in relation to the Scheme; (iii) in the exercise by the Board of the rights, powers and authorities vested in it by this Ordinance or rules made under section 51;(b) expenses incurred in— (i) the establishment and maintenance of the Scheme; (ii) the management and administration of the Fund;(c) expenses incurred in obtaining insurance, sureties, guarantees or other security, or in making any financial arrangement, in respect of any compensation paid under this Ordinance; (d) repayment of, and interest on, any money borrowed by the Board for the purpose of performing its functions; (e) such amounts of compensation as allowed under this Ordinance, and the costs of and incidental to paying the same; (f) such amounts of rebates and refunds of contributions as allowed under this Ordinance, and the costs of and incidental to paying the same; |
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