CO129-567-10 Companies Amendment Ordinance- draft bill 15-9-1938 - 28-9-1938 — Page 94

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Public Trustee.

Double Deposits.

Deposits to the credit of

more than one account in the Post Office

Savings

Bank.

Interest in more than

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14. Deposits may be made by the Public Trustee in respect of any estate which he is administering or for which he is acting as custodian Trustee or as ordinary Trustee or on behalf of any person for whom he is acting as Trustee.

15.-(1) No depositor in a Trustee Savings Bank (unless such bank has suspended payment) shall make any deposit in the Post Office Savings Bank.

(2) No depositor in the Post Office Savings Bank shall make any deposit in a Trustee Savings Bank,

(3) This Regulation shall not apply to deposits made in the name of any person as trustee for another person also named in the title of the account.

(4) This Regulation shall not apply to Registrars of County Courts or to Friendly Societies or to any Industrial or Provident Society expressly authorised by statute to invest its capital or funds to any amount in any Trustee Savings Bank or in a Post Office Savings Bank.

(5) Any person offending against this Regulation shall be liable to forfeit any amount illegally deposited, either as to the whole thereof, or to such extent as the National Debt Commissioners may think just in the circumstances of the case.

16.-(1) No depositor in the Post Office Savings Bank shall make deposits to the credit of more than one account in such Bank.

(2) This Regulation shall not apply to deposits made in the name of any person as trustee for another person also named in the title of the account, or to deposits made pursuant to sub- clause 2 of Regulation 12.

(3) This Regulation shall not apply to Registrars of County Courts or to Friendly Societies, or to the Public Trustee, or to any Industrial or Provident Society expressly authorised by statute to invest its capital or funds to any amount in any Trustee Savings Bank or in a Post Office Savings Bank.

(4) Any person offending against this Regulation shall be liable to forfeit any amount illegally deposited, either as to the whole thereof, or to such extent as the Postmaster-General may think just in the circumstances of the case.

17.(1) No person shall be entitled to any benefit from de- one account. posits in more than one Savings Bank or standing to the credit of more than one account in a Savings Bank, except so far as such benefit is derived as a member of a society entitled to deposit or invest in a Savings Bank or from deposits standing in the name of the Registrar of a County Court or of the Public Trustce or from deposits made pursuant to sub-clause 2 of Regu- lation 12 or from a deceased depositor where the person deriving benefit from such depositor is unable by reason of age or for any other reason to give a valid receipt for the deposits to which he is entitled.

(2) Nothing in this Regulation shall prevent a depositor in a Trustee Savings Bank which has suspended payment from subse- quently becoming entitled to a benefit from deposits in another Savings Bank.

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without

(3) In this Regulation the term

Savings Bank prefix means the Post Office Savings Bank and any Trustee Savings Bank.

(4) Any person offending against this Regulation shall be liable to forfeit any amount illegally deposited, either as to the whole thereof, or to such extent as in the case of deposits standing to the credit of more than one account in the Post Office Savings Bank, the Postmaster-General, and in any other case, the National Debt Commissioners, may think just in the circumstances of the

case.

Procedure on making Deposits.

18.-(1) Subject to the provisions of these Regulations, a Declaration depositor on making a first deposit, and whenever thereafter he is required so to do, shall specify his Christian name and surname, occupation, and residence, to the Postmaster-General, and shall make and sign a declaration in the prescribed form.

(2) Such declaration shall contain a statement to the effect that the person by or on whose behalf the deposit is made is not entitled to any benefit from any deposits in the Post Office Savings Bank or any Trustee Savings Bank, except deposits belonging to a Society of which such person may be a member. and which is entitled to deposit or invest in a Savings Bank or deposits standing in the name of the Registrar of a County Court or of the Public Trustee, or deposits derived from a deceased depositor in a Savings Bank, where the person entitled to such deposits is unable, by reason of age or for any other reason, to give a valid receipt for the said deposits.

(3) Such declaration shall be witnessed by one of the following persons (that is to say) :—

(a) The Officer of the Postmaster-General receiving the

deposit.

(b) Any other person approved by the Postmaster-General

in that behalf.

(4) This Regulation shall not apply to deposits made by or under the authority of any statute where such statute dispenses with the making of the prescribed declaration, or to cases in which under any direction of the Postmaster-General the making of the prescribed declaration is declared to be unnecessary.

19. (1) Where a first deposit is made on behalf and in the name of an infant under seven years of age, such declaration as aforesaid shall be made by the person making the deposit, under seven. and such person shall specify at the foot of such declaration the day on which the said infant will attain the age of seven

years.

(2) Where deposits are made on behalf and in the name of an infant under seven years of age, so soon as such infant attains the age of seven years, he shall, when required by the Postmaster- General, make such declaration as aforesaid.

Declaration as to accounts of infants

20. Where a first deposit is made on behalf of a person of Declaration unsound mind, such declaration as aforesaid shall be made by as to accounts the Committee of his Estate, and in every such case the person unsound

of persons of making the deposit shall specify the capacity in which he acts. mind.

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