Page:Deposit Protection Scheme Ordinance (Cap. 581).pdf/27

DEPOSIT PROTECTION SCHEME ORDINANCE :(a) the bankers and solicitors of the Scheme member; and
 * (b) any persons, whether officers of the Scheme member or not, who are engaged as the auditors of the Scheme member;

“manager” (經理) has the meaning assigned to it by section 2(1) of the Banking Ordinance (Cap. 155);

“records” (紀錄), in relation to a Scheme member, includes books, accounts, records of transactions and information systems of the Scheme member.

(9) In this section, any reference to a director, chief executive, manager, employee or agent of a Scheme member includes a person who has been but no longer is a director, chief executive, manager, employee or agent of the Scheme member.

33. Board’s powers in relation to arrangements designed to increase amount of compensation

(1) Subsection (2) applies if—
 * (a) an arrangement has been entered into or carried out on or after the relevant date in relation to a protected deposit with a Scheme member except where the arrangement is one in pursuance of a legally enforceable obligation incurred prior to that date;
 * (b) the arrangement has, or would have had but for this section, the effect of enabling a person to become entitled to an amount of compensation under Division 2, to which the person would otherwise not be entitled; and
 * (c) it would be concluded, having regard to—
 * (i) the manner in which, and the circumstances under which, the arrangement was entered into or carried out;
 * (ii) the form and substance of the arrangement; and
 * (iii) the result in relation to the operation of this Ordinance that, but for this section, would have been achieved by the arrangement,
 * that the arrangement was entered into or carried out for the sole or dominant purpose of enabling the person, either alone or in conjunction with other persons, to become entitled to an amount of compensation under Division 2, to which the person would otherwise not be entitled.

(2) The Board shall exercise its power under section 32(5)—
 * (a) as if the arrangement or any part thereof had not been entered into or carried out; or
 * (b) in such other manner as the Board considers appropriate to counteract the effect of the arrangement.