Cap. 356 - Monetary Statistics Ordinance

To provide for the collection of statistical information from banks and deposit-taking companies. [8 December 1980] L.N. 346 of 1980(Format changes—E.R. 6 of 2021) 1. Short title This Ordinance may be cited as the Monetary Statistics Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—bank (銀行) has the meaning assigned to it in section 2(1) of the Banking Ordinance (Cap. 155); (Replaced 49 of 1995 s. 53)deposit-taking company (接受存款公司) has the meaning assigned to it in section 2(1) of the Banking Ordinance (Cap. 155); (Replaced 28 of 1981 s. 33. Amended 27 of 1986 s. 137)Monetary Authority (金融管理專員) means the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap. 66); (Added 82 of 1992 s. 35)restricted licence bank (有限制牌照銀行) has the meaning assigned to it in section 2(1) of the Banking Ordinance (Cap. 155). (Added 3 of 1990 s. 55)(Amended 82 of 1992 s. 35) 3. Returns (1) Every bank and every deposit-taking company and every restricted licence bank shall, within 14 days after the last day of each calendar month, submit to the Monetary Authority in a form specified by him a return setting out such statistical information relating to the assets and liabilities of its offices and branches as he may require for the purpose of measuring developments in the monetary sector. (Amended L.N. 259 of 1980)(2) In addition to any return required by subsection (1) the Monetary Authority may, by notice in writing, call upon any bank or deposit-taking company or restricted licence bank to submit to him, within a time and in a form specified in the notice, such other return or such further or fuller return of statistical information as he may require for the purpose of measuring developments in the monetary sector.(3) The Monetary Authority may require any return or information submitted to him pursuant to a requirement under this section to be accompanied by a certificate of the auditors of the bank or deposit-taking company or restricted licence bank as to whether or not, in the opinion of the auditors, the return or information is correctly compiled from the books and records of the bank or deposit-taking company or restricted licence bank.(Amended 3 of 1990 s. 55; 82 of 1992 s. 36) 4. Secrecy (1) The Monetary Authority and every person who is or has been authorized by him to have access to returns and information submitted by banks and deposit-taking companies and restricted licence banks under this Ordinance shall preserve and aid in preserving secrecy with regard to all such returns and information.(2) Neither the Monetary Authority nor any other person shall disclose to any unauthorized person any return or information submitted by any bank or deposit-taking company or restricted licence bank under this Ordinance.(3) Neither the Monetary Authority nor any other person shall suffer or permit any unauthorized person to have access to any return or information submitted by any bank or deposit-taking company or restricted licence bank under this Ordinance.(4) Except in respect of a prosecution under this Ordinance, no return or information submitted by any bank or deposit-taking company or restricted licence bank under this Ordinance shall be disclosed or used in any proceedings, and neither the Financial Secretary nor the Monetary Authority nor any person who has been authorized to have access to any such return or information shall be compellable in any proceedings to produce or give evidence regarding any such return or information.(5) Nothing in subsection (2) shall apply to the disclosure of information—(a) by the Monetary Authority to the Financial Secretary;(b) in the form of a summary of similar information provided by a number of banks or deposit-taking companies or restricted licence banks if the summary is so framed as to prevent particulars relating to the business of any particular bank or deposit-taking company or restricted licence bank being ascertained from it; or(c) to any court or magistrate for the purpose of proceedings instituted for an offence under this Ordinance.(Amended 3 of 1990 s. 55; 82 of 1992 s. 37) 5. Offences (1) Any person who contravenes section 4 commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.(2) Any person who—(a) refuses or fails to submit any return or information which he is required to submit under this Ordinance; or(b) wilfully or negligently makes any false return, or gives any false information, or misleads or attempts to mislead the Monetary Authority, (Amended 82 of 1992 s. 38)commits an offence and is liable on conviction to a fine at level 5 and in the case of a continuing offence, to a further fine of $2,000 for every day during which the offence continues.(Amended E.R. 6 of 2021)