| To regulate banking business and the business of taking deposits; to make provision for the supervision of authorized institutions so as to provide a measure of protection to depositors; to promote the general stability and effective working of the banking system; to make provision for the supervision of money brokers; and to provide for matters incidental thereto or connected therewith. (Amended 4 of 1997 s. 2) [The Ordinance, other than Part XVII 1 September 1986 L.N. 199 of 1986 Part XVII 1 September 1988 L.N. 210 of 1988] (Originally 27 of 1986) Cap 155 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Banking Ordinance. (Enacted 1986) Cap 155 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "accounts" (帐目) means any accounts, whether kept in writing or print or by any machine or device; "advertisement" (广告) includes every form of advertising, whether made orally or produced mechanically, electronically, magnetically, optically, manually or by any other means; (Replaced 32 of 2001 s. 2) "Advisor" (顾问), in relation to an authorized institution, means the person appointed, pursuant to section 52(1)(B), to be the Advisor of the institution; (Added 49 of 1995 s. 2) "approval" (核准)- (a) in relation to a company proposing to act as a money broker, means the approval of the company under section 118C(1)(a) to act as a money broker; (b) in relation to a money broker, means the certificate of approval held by the broker; (Added 4 of 1997 s. 3)"approved currency" (核准货币) means a currency- (a) freely convertible into Hong Kong dollars; or (b) approved by the Monetary Authority; (Added 64 of 1987 s. 2. Amended 82 of 1992 s. 11)"approved money broker" (核准货币经纪) means a money broker which holds a valid certificate of approval; (Added 4 of 1997 s. 3) "associate" (相联者), in relation to a person entitled to exercise, or control the exercise of, voting power in relation to, or holding shares in, a company, means any other person in respect of whom that first-mentioned person has an agreement or arrangement, whether oral or in writing, express or implied, with respect to the acquisition, holding or disposal of shares or other interests in that company or under which they act together in exercising their voting power in relation to it; (Added 95 of 1991 s. 2) "auditor" (核数师) means a certified public accountant (practising) as defined in the Professional Accountants Ordinance (Cap 50); (Amended 23 of 2004 s. 56) "authorization" (认可) means, as the case requires- (a) the authorization under section 16 of a company to carry on banking business, a business of taking deposits as a deposit-taking company or a business of taking deposits as a restricted licence bank, as the case may be; (b) the banking licence, registration or restricted banking licence, as the case may be, held by an authorized institution; (Added 49 of 1995 s. 2)"authorized institution" (认可机构) means- (a) a bank; (Amended 3 of 1990 s. 2) (b) a restricted licence bank; or (Replaced 3 of 1990 s. 2) (c) a deposit-taking company; (Added 3 of 1990 s. 2)"authorized institution incorporated in Hong Kong" (在香港成立为法团的认可机构) means an authorized institution incorporated in Hong Kong by or under the Companies Ordinance (Cap 32) or any other Ordinance and any reference to a bank incorporated in Hong Kong, a deposit-taking company incorporated in Hong Kong or a restricted licence bank incorporated in Hong Kong shall be construed accordingly; (Amended 3 of 1990 s. 2) "authorized institution incorporated outside Hong Kong" (在香港以外成立为法团的认可机构) means an authorized institution incorporated by or under the law or other authority in any place outside Hong Kong; (Amended 3 of 1990 s. 2; 94 of 1993 s. 2) "automated teller machine" (自动柜员机) means a terminal device, whether installed by an authorized institution or by some other person, which is linked directly or indirectly to a computer system used by an authorized institution and which provides facilities to customers of the institution; (Replaced 32 of 2001 s. 2) "bank" (银行) means a company which holds a valid banking licence; (Amended 43 of 1990 s. 2) "Banking Advisory Committee" (银行业务谘询委员会) means the Banking Advisory Committee established by section 4; "banking business" (银行业务) 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 the period specified in item 1 of the First Schedule or with a period of call or notice of less than that period; (Amended 4 of 1997 s. 3) (b) paying or collecting cheques drawn by or paid in by customers;"banking licence" (银行牌照) means a banking licence granted under section 16; (Amended 43 of 1990 s. 2) "capital adequacy ratio" (资本充足比率) means the capital adequacy ratio referred to in section 98; |
