Page:Deposit Protection Scheme Ordinance (Cap. 581).pdf/15

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DEPOSIT PROTECTION SCHEME ORDINANCE
Ord. No. 7 of 2004
A237


(2) As soon as practicable after having made an assessment under subsection (1), the Board shall notify the Scheme member of the assessment in writing.

(3) A Scheme member shall pay to the Board, in the prescribed manner and within the prescribed period, the amount of contribution assessed by the Board.

(4) If a Scheme member fails to pay any contribution in contravention of subsection (3)—

(a) the Board may impose on the Scheme member a late payment fee of $5,000, or of a sum equivalent to 10% of the amount of the contribution that remains to be paid by the Scheme member, whichever is the greater; and
(b) the Scheme member shall pay to the Board the contribution that remains to be paid by it, and the late payment fee, in the prescribed manner and within a period specified by the Board.

(5) The Board shall, on collecting any contribution or late payment fee from a Scheme member, pay it into the Fund.

(6) If a Scheme member contravenes subsection (4)(b), every director and every chief executive of the Scheme member 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.

(7) Schedule 4 has effect with respect to the contributions payable by a Scheme member and to rebates and refunds of contributions.

16. Payments from Fund

There shall be paid from the Fund, as required under this Ordinance, the following—

(a) expenses incurred—
(i) in investigating or deciding the entitlement of depositors and other persons to compensation under Division 2 of Part 5;
(ii) in relation to the Scheme;
(iii) in the exercise by the Board of the rights, powers and authorities vested in it by this Ordinance or rules made under section 51;
(b) expenses incurred in—
(i) the establishment and maintenance of the Scheme;
(ii) the management and administration of the Fund;
(c) expenses incurred in obtaining insurance, sureties, guarantees or other security, or in making any financial arrangement, in respect of any compensation paid under this Ordinance;