Page:Deposit Protection Scheme Ordinance (Cap. 581).pdf/42

DEPOSIT PROTECTION SCHEME ORDINANCE (8) Any person who signs any document to which subsection (1), (2), (3) or (4) relates and which he knows or reasonably ought to know to be false in a material particular commits an offence and is liable—
 * (a) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 2 years; or
 * (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.

(9) In this section—

“adequate” (足夠), in relation to systems of control, includes operating effectively;

“systems of control” (管控制度) includes procedures.

49. False statements regarding Scheme membership and protected deposits

(1) No person shall, with intent to deceive, make any false, misleading or deceptive statement or representation as to whether or not—
 * (a) a person is a Scheme member; or
 * (b) a deposit, or any other financial product, is a protected deposit.

(2) Any person who contravenes subsection (1) commits an offence and is liable—
 * (a) on conviction on indictment to a fine of $400,000 and to imprisonment for 2 years; or
 * (b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.

50. Defences

In any proceedings for an offence under section 13(11), 15(6), 46(7) or 48(6) or (7), it is a defence for the person charged to prove that he took reasonable precautions and exercised due diligence to avoid the commission of the offence by himself or any person under his control.

51. Power of Board to make rules

(1) The Board may, after consultation with the Financial Secretary and HKAB, make rules—
 * (a) prescribing the requirements in accordance with which Scheme members shall maintain those information systems and other records to which the Board would, on the occurrence of a specified event, have access under section 32(2)(a);
 * (b) prescribing the manner in which compensation is to be paid to depositors from the Fund;
 * (c) prescribing the manner in which—