Recovery of fees, or penses, plc.
Winding-ug of banks. (Cap. 32).
Orders by the Financial
Secretary.
Application of other Ordinances. (Cap. 70).
24
returns or information submitted under section 15, 38 or 39 shall be required to produce in any court any book, account or other document whatsoever or to divulge or communicate to any court any matter or thing coming under his notice in the performance of his functions or duties under this Ordinance, except as may be necessary in the course of a prosecution for any offence or of a winding-up by the Supreme Court under section $5.
54. (1) There shall be recoverable at the suit of the Attorney General as a civil debt due to the Crown from the bank concerned, or in the case of an unincorporated bank, from the directors jointly and severally thereof-
(a) the amount of any fees payable under section 12 or 44 for the
grant of a licence:
(b) any remuneration due to any person appointed or directed by the Financial Secretary under paragraph (ii) or (iii) of sub- section (1) of section 13.
(2) There shall be recoverable, at the suit of the Attorney General, as a civil debt due from the applicants, jointly and severally, to the Crown, any expenses ordered by the Financial Secretary to be defrayed by the applicants under subsection (4) of section 15.
55. (1) The provisions of the Companies Ordinance with regard to a creditors' voluntary winding-up shall not apply to banking companies. (2) Notwithstanding the filing of any declaration of solvency under section 218 of the Companies Ordinance, the Supreme Court may, upon petition made by the Financial Secretary, acting in accordance with a direction of the Governor in Council under paragraph (iii) of subsection (1) of section 14, order the winding-up of a bank in accordance with the provisions of the Companies Ordinance relating to the winding-up of companies, whether registered or unregistered, if the Supreme Court is satisfied that it is in the public interest that the bank should be wound up.
56. The Financial Secretary may make orders-——
(a) prescribing anything which is to be or may be prescribed under
this Ordinance;
(b) providing for the carrying into effect of the provisions of the
Ordinance.
57, (1) Notwithstanding anything in the Hongkong and Shanghai Banking Corporation Ordinance, all the provisions of this Ordinance shall apply to the Hongkong and Shanghai Banking Corporation.
(2) Where there is any conflict or inconsistency between the provi- sions of this Ordinance and the provisions of the Hongkong and Shang-
25
hai Banking Corporation Ordinance the provisions of this Ordinance shall prevail.
(3) A bank which is incorporated or registered under the Com- panies Ordinance shall be subject to the provisions of that Ordinance as (Cap. 32). well as to the provisions of this Ordinance, save that where there is any conflict or inconsistency between the provisions of this Ordinance and the provisions of the Companies Ordinance the provisions of this Ordin- ance shall prevail.
PART VIII,
OFFENCES.
director or
58. Any person who is prosecuted in respect of any offence under Defence section 61, 63, 64, 65 or 66, shall have a good defence if he proves that whore the offence was committed without his consent or connivance and that ILANBger be exercised all such diligence to prevent the commission of the offence prosecuted. as he ought to have exercised having regard to his position in the bank
in respect of which the offence was committed.
59. Any director, manager, trustee, employee or agent of any bank Offences by
directors, who, with intent to deceive—
employnes and agents.
(a) wilfully makes a false entry in any book of record or in any report, slip, document or statement of the business, affairs, transactions, condition, assets or accounts of such bank; or
(b) wilfully omits to make an entry in any book of record of in any report, slip, document or statement of the business, affairs, transactions, condition, assets or accounts of such bank; or
(c) wilfully alters, abstracts, conceals or destroys an entry in any book of record, or in any report, slip, document or statement of the business, affairs, transactions, condition, assets or accounts of such bank,
shall be guilty of an offence and shall be liable on conviction on indict- ment to a fine of twenty thousand dollars and to imprisonment for five years.
60. Any person who-
(a) contravenes or fails to comply with any of the provisions of
subsection (1) of section 53; or
(b) aids, abets, counsels or procures any person to contravene any
of the provisions of subsection (1) of section $3,
shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars and to imprisonment for two years.
Breach of KZGTEGY.