1988 Ed.]
9.
An organization-
Money Lenders
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(a) which is a member of the International Union of Credit and Investment Insurers (“The Berne Union"); or
(b) in respect of which the Registrar has declared in writing that he is satisfied that it was established by one or more national governments with the object of financing, or guaranteeing the financing of, the export of a country's goods or services.
PART 2
EXEMPTED LOANS
A loan made bona fide by an employer to his employee.
A loan made to a company secured by a mortgage, charge, lien or other encumbrance-
(a) registered, or to be registered, under the Companies Ordinance (Cap. 32); or
(b) which would, in the case of a company referred to in paragraph (b) or (c) of the definition of "company" in section 2(1), be able to be registered under that Ordinance if that company were a company referred to in paragraph (a) of that definition.
A loan made by a company under a bona fide credit-card scheme operated by the company to any holder of a credit-card issued under that scheme.
A loan made bona fide for the purchase of immovable property on the security of a mortgage of that property and a loan made bona fide to refinance such a mortgage.
A loan made by a company or a firm or individual whose ordinary business does not primarily or mainly involve the lending of money, in the ordinary course of that business.
A loan made by a licensed pawnbroker under the Pawnbrokers Ordinance (Cap. 166), being a loan to which that Ordinance applies.
A loan made by any statutory body under any power conferred by law in that behalf.
A loan made from-
(a) a fund established by resolution of the Legislative Council or by or under an Ordinance;
(b) any superannuation or provident fund.
A loan made from any chit-fund operated under the Chit-Fund Businesses (Prohibition) Ordinance (Cap. 262).
10. (a) A loan made by a holding company to its subsidiary or by a subsidiary to its holding company or another subsidiary company of the same holding company.
(b) Section 2(7) and (8) of the Companies Ordinance shall apply to the interpretation of this paragraph as it applies to the interpretation of that Ordinance.
11. A loan made to a company where the loan-
(a) forms part of a transaction involving the export from, or the import into, Hong Kong of goods or services; and
(b) is for the purpose of facilitating that export or import, as the case may be, of those goods or services.
12. (a) A loan made to a company that has a paid up share capital of not less than $1,000,000 or an equivalent amount in any other approved currency.
(b) For the purposes of this paragraph "approved currency" means a currency-
(i) freely convertible into Hong Kong dollars; or
(ii) approved in writing by the Registrar for the purposes of this paragraph.
13. A loan upon terms involving the issue by a company of debentures or other securities in respect of which a prospectus has been registered under the Companies Ordinance (Cap. 32).
14. A loan made to a company the shares or debentures of which are listed on-
(a) the Unified Exchange within the meaning of the Stock Exchanges Unification Ordinance (Cap. 361); or
(b) any other stock market declared in writing, by the Commissioner for Securities within the meaning of the Securities Ordinance (Cap. 333), to be approved for the purposes of this paragraph.
15. A loan made to the subsidiary of a company referred to in paragraph 14.
(Replaced, 69 of 1988, s. 33)
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