1964-HKRS28-8-31_Part02 — Page 38

Offences *gainst sections 3 and 47.

Prohibition

counumissi CHIL by staff.

61. Any and every-

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(a) person who contravenes any of the provisions of section 5; and (b) director and manager of any unincorporated bank in respect of which any of the provisions of section 47 is contravened, 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.

62. Any director or employez (other than a compradore) of a bank. an receipt of who asks for or receives, consents or agrees to receive any gift, commis

sion, emolument, service, gratuity, money, property or thing of value for his own personal benefit or advantage or for that of any of his relatives, for procuring or endeavouring to procure for any person any advance or credit facility from that bank or the purchase or discount of any draft. note, cheque, bill of exchange or other obligation by that bank, or for permitting any person to overdraw any account with that bank, shall be guilty of an offence and shall be liable on summary conviction to a fine of ten thousand dollars and to imprisonment for two years.

Criminal liability of

63. (1) Subject to the provisions of section 46, every director and directors and every manager of any bank which contravenes or fails to comply with

any of the provisions of-

managers.

(a) subsection (1) of section 19;

(b) subsection (1) of section 20;

(c) section 21:

(d) section 22:

(e) section 23:

() subsection (1) or (2) of section 24;

(g) section 25;

(h) section 26;

(0) subsection (1) of section 27;

() section 28;

(A) subsection (1) of section 29:

( subsection (1) of section 33;

(m) section 34;

(n) section 35;

(0) subsection (1) of section 36;

(p) subsection (1), (2) or (3) of section 37:

(q) subsection (1) of section 38;

() section 39:

(4) subsection (3) of section 49,

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shall be guilty of an offence and shall be liable on summary conviction to a fine of two thousand dollars for every day during which the offence continues.

(2) Every director and every manager of any bank in respect of which there is a failure to comply with any of the provisions of sub- section (3) of section 36 shall be guilty of an offence and liable on summary conviction to a fine of two thousand dollars,

64. (1) Subject to the provisions of section 46, every director and Directors, every manager of a back shall be guilty of an offence if-

liccused

ctc. of

gulity of offence In event of

contravention of section 18

(a) the bolding of specified liquid assets of the bank is at any time bank to be

less in amount than the minimum required by section 18; (6) the bank, during the period of any deficiency of specified liquid assets referred to in paragraph (2), grants any advance or credit facility or gives any financial guarantee or incurs any other liability on behalf of any customer of the bank without the approval in writing of the Commissioner; or

(c) the bank fails to submit to the Financial Secretary any informa- tion required by him pursuant to the provisions of subsection (2) of section 38.

(2) Any director or manager who commits an offence under sub- section (1) shall be liable on summary conviction to a fine of two thousand dollars--

(a) for every day during which an offence under paragraph (a) of

subsection (1) continues; and

(b) for every contravention of paragraph (5) of subsection (1); and (c) for every day during which an offence under paragraph (c) of

subsection (1) continues.

65. Every director and every manager of any bank which-

(a) fails to comply with any requirement of the Financial Secretary

under paragraph (1) of subsection (1) of section 13:

(6) fails to comply with any order of the Governor in Council

under paragraph (ii) of subsection (1) of section 14;

(c) fails to comply with any requirement of the Financial Secretary

made under subsection (5) of section 37; or

(fails to comply with any direction given by the Commissioner

or other person under section 40.

shall be guilty of an offence and shall be liable on summary conviction to a fine of two thousand dollars for every day during which the offence continues.

or 38.

Offence and penalty for failing to comply with orders, etc.