1978-HKRS28-16-26_Part03 — Page 66

Authenticated Laws 確真本香港法例 All

Addißen al ocer Mellon 34.

Amendodent of seçtium 4.

Amendment of section 9.

Arasadmeal of section 10.

"money at short notice" means money, other than money at call, payable within not more than 7 days of a demand therefor;";

(b) by deleting the definition of “Commissioner" and substituting the

following-

“"Commissioner" means the Commissioner of Deposit-taking

Companies appointed by section 3A;";

(c) by deleting the full stop at the end and substituting a semicolon;

and

(d) by inserting after the definition of "registered" the following

definitions—

3.

11

"share" means share in the share capital of a company, and includes stock except where a distinction between slod or shares is expressed or implied; and the expressico "shareholder'); includes a stockholder;

"specified liquid (assets" means all or any of the asseta

specified in section 244.7,

The principal Ordinance is amended by adding after section 3 the following section-

**Aprointrac of Comala-

(Cxp. 135.)

4.

I

3A. The Commissioner of Banking appointed moder section 4 of the Banking Ordinance shall also be the Com missioner of Deposit-taking Companies.".

Section 501) of the principal Ordinance is amended—

(a) by inserting after paragraph (a) the following paragraph-- *(a) the Secretary for Monetary Affairs;"; and

(6) in paragraph (c), by deleting "9" and substituting the following-

5.

"10".

Section 9(2) of the principal Ordinance is amended by deleting "may be specified by the Commissioner under section 36(1)" and substitui- ing the following-

"the Commissioner may specify".

6. Section 10 of the principal Ordinance is amcoded—

(a) in subsection (2)α)—–

(1) by inserting after "the company" the following—

E

as determined under subsection (3),"; and

(ii) by deleting "the case of a company incorporated ounide Hong Kong" and substituting the following—

"any other currency":

(b) in subsection (3)—–—–—–

(D) by inserting after "whether or not the" the following-

“issued capital of the"; and

(i) by deleting "(6)" and substituting the following—

"(a) and (6) respectively"; and

(c) by inserting after subsection (7) the following subsection—

"(8) For the purposes of this section, "capital" means thi share capital of a company.",

Kr

3

7. Section 14(1) of the principal Ordinance is amended—

(a) in paragraph (b), by deleting “(4)' and substituting the following-

"(3) and (4); and

(b) in paragraph (g), by inserting after "17" the following-

"or 24A”.

Amendment of section 14.

8. Section 20 of the principal Ordinance is repealed and replaced by Repeal and the following

Welch and

fommo

to the Com-

mial.pone.

20. (1) Without prejudice to sections 17 and 19, every registered deposit-taking compsay shall submit to the Com- misioner-

(c) pot later than 21 days after the last day of each calendar month a return, in such form as the Com- missioner may specify, showing the assets and liabilities of its offices and branches in Hong Kong at the close of business on the last businesa day of that month; and

(b) dol later than 21 days after the last day of cuch quarter ending on the 31st March, the 30th June, the 30th September and the 31st December respec- Lively, or upon any other day which may be approved by the Commissioner, à statistical return, in such form as the Financial Secretary may specify. relating to its offices and branches in Hong Kong as at the close of business on the last business day of the preceding quarter:

Provided that the Commissioner may by permission in writing allow the returns referred to in paragraphs (2) and (b) to be submitted at less frequent intervals.

(2) The Commissioner may require a registered deposit- taking company to submit such farther information as he may consider necessary for the proper understanding of the financial position of the company and such information shall be submitted within such period and in such manner as the Commissioner may require.

(3) The Commissioner may require any return sub- milled to him pursuant to subsection (1), or any information submitted to him pursuant to a requirement under sub- section (2), to be accompanied by a certificate of the auditors of the company as in whether or not, in the opinion of the auditors, the return or information is correctly compiled from the books and records of the company.

(4) Notwithstanding anything in section 25, the Com- misioner may prepare and publish consolidated statements aggregating the figures in the returns furnished under sub- section (1).

(5) Any registered deposit-taking company that fails to comply with this section, or with any requirement under this section, shall be guilty of an offence and shall be liable on conviction upon indictment to a fine of $2,000 for every day during which the offence continues,

(6) Any person who signs any document for the pur- poses of this section which he knows or reasonably ought to know to be false in a material particular shall be guilty of an offence and shall be liable on conviction upon indictment to a fine of $20,000 and to imprisonment for 2 years.".

replacerdeal of ресно.

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