【法规名称】
【法规编号】 82485 什么是编号？
【正 文】
第3页 CAP 34 MONEY CHANGERS ORDINANCE
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[接上页] (Added 9 of 1989 s. 8) Cap 34 s 9 Chief Executive may amend Schedules Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 The Chief Executive may amend the Schedules by notice in the Gazette- (Amended 65 of 2000 s. 3) (a) to alter the form of the transaction note prescribed in Schedule 1 by including further or different information relevant to the exchange transaction; (b) to add or delete information which may be included in permitted statements prescribed in Schedule 2; and (c) to add to or delete from the list of currencies prescribed in Schedule 3. (Added 9 of 1989 s. 8) Cap 34 s 10 False or misleading representations (1) A money changer shall not make a false or a misleading statement as to the rate of exchange offered to a customer or potential customer. (2) A money changer shall not make a false or a misleading statement as to- (a) the terms of an exchange transaction; or (b) the application of this Ordinance,to a customer or a potential customer. (3) A money changer who contravenes this section commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Added 9 of 1989 s. 8) Cap 34 s 11 Criminal liability (1) If a person employed by a money changer does an act which would be an offence under this Ordinance if done by a money changer, each of the following persons is guilty of that offence as if he were a money changer who had committed the offence and each person is liable to the penalty prescribed for the offence- (a) the person employed by the money changer; (b) the money changer, unless the money changer took reasonable steps to prevent the commission of the offence; and (c) where the employer of the person is a corporation, each director, manager, secretary and other similar officer of the corporation and any person purporting to act in any of those capacities unless he took reasonable steps to prevent the commission of the offence.(2) Subject to subsection (3), for the purposes of this section, a person is deemed to be a director of a corporation if he occupies the position of a director by whatever name he may be called or is a person in accordance with whose directions or instructions a director of the corporation acts. (3) A person shall not, by reason only that a director of the corporation acts on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions a director acts. (4) If a partner in a partnership of money changers commits an offence under this Ordinance, each other partner shall be guilty of the offence unless he took reasonable steps to prevent the commission of the offence. (5) Where under this section a person employed by a money changer is deemed to have committed an offence- (a) his employer; and (b) where the employer is a corporation, each director, manager, secretary, person purporting to act as a director, manager or secretary of the corporation,is presumed, in the absence of evidence to the contrary, to have not taken reasonable steps to prevent the commission of the offence. (6) Where a money changer who is in a partnership with another money changer commits an offence, the partner of that money changer is presumed, in the absence of evidence to the contrary, to have not taken reasonable steps to prevent the commission of the offence. (Added 9 of 1989 s. 8) Cap 34 Sched 1 TRANSACTION NOTE [section 4(1)(a)] Money Changer's Name: .................................................................................................. Money Changer's Address: .............................................................................................. ....................................................................................................................................... Money Changer's Telephone No.: ..................................................................................... Date: ............................................................ Currency Amount Net Rate of Exchange Equivalent Amount Total ................................................................. Cashier's Signature for the Money Changer. ......................................................... Customer's Signature. A customer may cancel an exchange transaction within 3 days and obtain a refund of the original currency tendered in exchange for the Equivalent Amount shown above if the money changer fails to comply with the Money Changers Ordinance (Cap 34). (Added 9 of 1989 s. 8. Amended L.N. 171 of 1996) Cap 34 Sched 2 PERMITTED STATEMENTS [section 4(3)] A transaction note may contain the following statements- The Money Changer accepts no responsibility for the customer's failure to comply with any country's or territory's currency controls. Please check all money before leaving the counter. (Added 9 of 1989 s. 8. Amended L.N. 612 of 1995; L.N. 171 of 1996) Cap 34 Sched 3 PRESCRIBED CURRENCIES [sections 6(1) & 7(1)] Currencies of the following countries or territories- Australia Canada China Federal Republic of Germany France India Japan Malaysia Philippines Singapore Switzerland Taiwan Thailand United Kingdom United States of America (Added 9 of 1989 s. 8. Amended L.N. 612 of 1995) |
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