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(Cap. 32.)
"automated teller machine" means a terminal device, whether installed by a bank or by some other person, which is linked directly or indirectly to a computer system used by a bank and which provides facilities to customers of the bank; "bank" means a company which carries on banking business and holds a valid
banking licence, and includes an unincorporated bank;
"Banking Advisory Committee” means the Banking Advisory Committee established
by section 4;
"banking business" means the business of either or both of the following--
(a) receiving from the general public money on current, deposit, savings or other similar account repayable on demand or within less than 3 months or at call or notice of less than 3 months;
(b) paying or collecting cheques drawn by or paid in by customers; "banking licence" means a banking licence granted under section 16 or 111; "capital to risk assets ratio" means the capital to risk assets ratio referred to in
section 102;
"certificate of deposit" means a document relating to money, in any currency, which has been deposited with the issuer or some other person, being a document which recognizes an obligation to pay a stated amount to bearer or to order, with or without interest, and being a document by the delivery of which, with or without endorsement, the right to receive that stated amount, with or without interest, is transferable;
"chief executive", in relation to an authorized institution, means the chief executive
appointed under section 74 in respect of the institution;
"Commissioner" means the Commissioner of Banking appointed under section 6;
"company" means a company-—
(a) incorporated under the Companies Ordinance; (b) incorporated by any other Ordinance; or
(c) incorporated outside Hong Kong;
"controller", in relation to a company, including a company which is an authorized
institution, means any person—
(a) in accordance with whose directions or instructions the directors of the company or of another company of which it is a subsidiary (or any of them) are accustomed to act; or
(b) who is entitled to exercise, or control the exercise, of more than 50 per cent of the voting power at any general meeting of the company or of another company of which it is a subsidiary,
and references in this Ordinance to "control" shall be construed accordingly, but with references in this definition to a company also being construed as references to a body corporate, whether or not it is a company;
"deposit❞—
(a) means a loan of money-
(i) at interest, at no interest or at negative interest; or
(ii) repayable at a premium or repayable with any consideration in money or money's worth; but
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(b) does not include a loan of money— (i) outside Hong Kong; or
(ii) upon terms involving the issue of debentures or other securities in respect of which a prospectus has been registered under the Companies (Cap. 32.) Ordinance,
and references in this Ordinance to the taking of a deposit shall be construed accordingly;
"depositor" means a person entitled to repayment of a deposit, whether made by him
or not;
"Deposit-taking Companies Advisory Committee" means the Deposit-taking Com-
panies Advisory Committee established by section 5;
"deposit-taking company" means—
(a) a registered deposit-taking company; or
(b) a licensed deposit-taking company;
"deposit-taking licence" means a deposit-taking licence granted under section 25; "director" includes any person who occupies the position of director, whatever the
title of his office;
"document" includes a circular, brochure, pamphlet, poster, handbill, prospectus and any other document which is directed at or likely to be read by members of the public; and also includes any newspaper, magazine, journal or other periodical publication;
"functions" includes powers and duties;
"holding company" and "subsidiary company" have the same meaning as in the
Companies Ordinance;
"issue", in relation to an advertisement or document, includes publish, circulate, distribute or disseminate the advertisement or document; and also includes causing the advertisement or document to be issued;
"licence", in relation to-
(a) an authorized institution which is a bank, means a banking licence; and (b) an authorized institution which is a deposit-taking company, means a
deposit-taking licence,
and references in this Ordinance to a licensed authorized institution shall be construed accordingly;
"licensed" means licensed under this Ordinance;
"liquidity ratio" means the liquidity ratio referred to in section 106;
"local branch", in relation to-
(a) an authorized institution which is a bank, means—
(i) in the case of a bank incorporated in Hong Kong, a place of business thereof in Hong Kong, other than its principal place of business in Hong Kong, at which it transacts banking business; and
(ii) in the case of a bank incorporated outside Hong Kong, a place of business thereof in Hong Kong, other than its principal place of business in Hong Kong or a local representative office thereof, at which it transacts banking business,
but in either case does not mean an automated teller machine; and
(Cap. 32.)
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