【法规名称】
【法规编号】 82383 什么是编号？
【正 文】
第8页 CAP 581 DEPOSIT PROTECTION SCHEME ORDINANCE
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[接上页] (ii) is set aside by a court, it is deemed, with effect on and after the date specified in the notice of revocation as the date on which the revocation takes effect, or the date on which the setting aside takes effect, that the specified event never occurred and that the Monetary Authority had never served on the Board a notice of that decision. (3) Subsection (1) or (2) does not operate to prejudice the legality and effect of anything done in accordance with this Ordinance pursuant to the specified event before the effective date referred to in that subsection. Cap 581 s 25 Quantification date Remarks: not yet in operation (1) In this Part, “quantification date” (截算日), in relation to a Scheme member, means— (a) in the case where a specification is made under subsection (2) and has not been withdrawn under subsection (3), the date of the specified event in relation to the Scheme member; (b) in any other case, the date of appointment of a provisional liquidator in respect of the Scheme member.(2) If a specified event has occurred in relation to a Scheme member, and the Board— (a) has knowledge that a provisional liquidator will not be appointed; (b) is of the opinion that it is uncertain whether a provisional liquidator will be appointed; or (c) is of the opinion that an appointment of a provisional liquidator will take so long as to unduly delay the payment of compensation to the depositors of the Scheme member by the Board,the Board may make a specification for the purposes of subsection (1) that the quantification date, in relation to the Scheme member, means the date of the specified event in relation to the Scheme member. (3) The Board may withdraw a specification made under subsection (2) if a provisional liquidator is appointed in respect of the Scheme member after the specification is made. Cap 581 s 26 Protected deposits to include portion thereof Remarks: not yet in operation In this Part— (a) a reference to a protected deposit includes a portion of the deposit; and (b) in the case where a reference to a protected deposit means a portion of the deposit by virtue of paragraph (a), a reference to a portion of that protected deposit means a sub-portion of that portion. Cap 581 s 27 Entitlement to compensation: general Remarks: not yet in operation Division 2—Entitlement to compensation (1) Subject to section 31, a person is entitled, in respect of one or more protected deposits with a failed Scheme member that— (a) the person holds in his own right; (b) a depositor holds as a bare trustee for the person; or (c) a depositor holds in a client account for the person as the depositor’s client,to compensation of the specified amount from the Fund under section 28 or 29, but the total amount of compensation to which the person is so entitled in respect of the deposits concerned shall not exceed $100000, regardless of the number or amount of deposits. (2) Subject to section 31, a person is entitled, in respect of one or more protected deposits with a failed Scheme member that the person holds as a trustee under one trust, to compensation of the specified amount from the Fund under section 30, but the total amount of compensation to which the person is so entitled in respect of the deposits held under that trust shall not exceed $100000, regardless of the number or amount of deposits. (3) In subsections (1) and (2), “specified amount” (指明款额), in relation to compensation to which a person is entitled from the Fund, means the amount by which the aggregate amount, as at the date of the specified event, of the protected deposits in respect of which the person is so entitled exceeds the aggregate amount, as at that date, of the liabilities of the person to the failed Scheme member in respect of which— (a) in the case of the date of the specified event within the meaning of section 22(1)(b)(i), a right of set off exists in the winding up of the failed Scheme member; (b) in the case of the date of the specified event within the meaning of section 22(1)(b)(ii), a right of set off would have existed in the winding up of the failed Scheme member had a winding-up order been made in respect of it on that date,plus or minus, as the case may be, the interest accrued on the deposits, or the liabilities, calculated up to and including the quantification date. (4) For the purposes of subsection (3)— (a) if any protected deposit or liabilities are not denominated in Hong Kong dollars, the deposit or liabilities shall be converted into Hong Kong dollars at the midpoint between the selling and buying telegraphic transfer rates of exchange quoted by HKAB on the quantification date or, where no such rates are quoted, at an exchange rate determined by the Board; and (b) in determining the amount of liabilities of the person to the failed Scheme member, the same rules shall apply with regard to the valuation of annuities and future and contingent liabilities as are in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt, as if the failed Scheme member were a person so adjudged. |
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