50

CAP. 155]

Banking

[1987 Ed.

Information on shareholding,

etc.

3/90527

(4) Notwithstanding section 120, the Commissioner may prepare and publish consolidated statements aggregating the figures in the returns furnished under subsection (1).

(5) Every director and every manager of an authorized institution which contravenes subsection (1), or fails to comply with any requirement under subsection (3), commits an offence and is liable on conviction upon indictment or on summary conviction to a fine of $50,000 and, in the case of a continuing offence, to a further fine of $5,000 for every day during which the offence continues.

(6) Every director and every manager of an authorized institution which fails without reasonable excuse to comply with any requirement under subsection (2) commits an offence and is liable-----

(a) on conviction upon indictment to a fine of $200,000 and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine of $10,000 for every day during which the offence continues; or

(b) on summary conviction to a fine of $50,000 and to imprisonment for 6 months and, in the case of a continuing offence, to a further fine of $5,000 for every day during which the offence continues.

(7) Any person who signs any document for the purposes of this section which he knows or reasonably ought to know to be false in a material particular commits an offence and is liable-

(a) on conviction upon indictment to a fine of $500,000 and to imprisonment for 2 years; or

(b) on summary conviction to a fine of $50,000 and to imprisonment for 6 months.

64. (1) Every authorized institution incorporated in Hong Kong shall, if so required by the Commissioner, inform him of the name and address of, and the nature of the business carried on by, every company-

(a) in which the institution holds the beneficial ownership, directly or indirectly, of an aggregate of 20 per cent or more of the share capital;

(b) where any director or manager of that company is also a director or manager of the institution;

(c) where the name of that company has common features with the name of the institution;

(d) which, by whatever means, acts in concert with the institution to promote the institution's business; or

(e) the controller of which is also the controller of the institution.

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