【法规名称】
【法规编号】 82383 什么是编号？
【正 文】
第6页 CAP 581 DEPOSIT PROTECTION SCHEME ORDINANCE
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[接上页] (g) expenses incurred by or in relation to the Tribunal; (h) any other money payable from the Fund in accordance with this Ordinance. Cap 581 s 17 Financial year and estimates (1) The Board may, with the prior approval of the Financial Secretary, fix a period to be the financial year of the Fund. (2) As soon as practicable after the commencement of this section, the Board shall submit to the Financial Secretary, for his approval, estimates of the income and expenditure of the Fund for the first financial year of the Fund. (3) In each financial year of the Fund, before a date to be fixed by the Financial Secretary, the Board shall submit to the Financial Secretary, for his approval, estimates of the income and expenditure of the Fund for the next financial year of the Fund. Cap 581 s 18 Accounts (1) The Board shall keep and maintain proper accounts and records of all transactions of the Fund. (2) After the end of each financial year of the Fund, the Board shall cause to be prepared for the financial year a statement of accounts of the Fund that— (a) includes an income and expenditure account and balance sheet; and (b) is signed by the Chairman of the Board. Cap 581 s 19 Auditors (1) The Board shall, with the prior approval of the Financial Secretary, appoint an auditor, who may be the Director of Audit. (2) The auditor is entitled— (a) to have access to such books of account and other records of the Fund; and (b) to require such information and explanation,as he considers necessary to perform his functions. (3) The auditor shall audit the statement of accounts prepared under section 18(2) and make a report to the Board on the audit of that statement. (4) A report made under subsection (3) shall contain a statement by the auditor as to whether in his opinion the statement of accounts gives a true and fair view of the matters to which the statement of accounts relates. Cap 581 s 20 Statements and reports to be laid before Legislative Council (1) The Board shall, within 4 months after the end of each financial year of the Fund or such further time as the Financial Secretary may for any particular year allow, submit to the Financial Secretary— (a) a report on the activities of the Board for that financial year; (b) a copy of the statement of accounts prepared under section 18(2) for that financial year; and (c) a copy of the report made under section 19(3) on the audit of that statement.(2) The Financial Secretary shall cause the reports and statement received by him under subsection (1) to be laid on the table of the Legislative Council. Cap 581 s 21 Investment of money (1) The Board may place, or invest, money of the Fund that is not immediately required by the Board for the performance of its functions in the following— (a) deposits with the Monetary Authority for the account of the Exchange Fund; (b) Exchange Fund Bills; (c) US Treasury Bills; (d) subject to subsection (2), exchange rate contracts or interest rate contracts, including derivative products; (e) any other investment approved by the Financial Secretary.(2) The Board shall not place, or invest, money of the Fund in exchange rate contracts or interest rate contracts except for hedging purposes. Cap 581 s 22 Occurrence of specified event Remarks: not yet in operation PART 5 COMPENSATION Division 1—Preliminary (1) In this Part— (a) subject to section 24, a specified event has occurred in relation to a Scheme member if— (i) a winding-up order has been made by the Court of First Instance in respect of the Scheme member; or (ii) the Monetary Authority has served on the Board a notice of his decision in respect of the Scheme member under subsection (2), whichever is the earlier;(b) a reference to a date of the specified event, in relation to a Scheme member, means— (i) if a specified event has occurred in relation to the Scheme member by virtue of paragraph (a)(i), the date on which the winding-up order in respect of the Scheme member is made; (ii) if a specified event has occurred in relation to the Scheme member by virtue of paragraph (a)(ii), the date on which the notice is served on the Board under subsection (2).(2) If— (a) in respect of a Scheme member— (i) a Manager within the meaning of section 2(1) of the Banking Ordinance (Cap 155) has been appointed under section 52 of that Ordinance; or (ii) a provisional liquidator has been appointed; and(b) the Monetary Authority is of the opinion that the Scheme member— (i) is likely to become unable to meet its obligations; (ii) is about to suspend payment to its depositors; or (iii) is insolvent, has ceased to pay its debts in the ordinary course of business, or cannot pay its debts as they become due, the Monetary Authority may, after consultation with the Financial Secretary, decide that compensation should be paid from the Fund to the depositors of the Scheme member in accordance with this Ordinance and shall thereupon serve on the Board a written notice of the Monetary Authority’s decision. |
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