(14) 任何人就遵從根據第(2)款所作的任何規定,簽署任何他知道或 理應知道在要項上屬虛假的文件,即屬犯罪─
(14) Any person who signs any document for the purposes of complying with any requirement under subsection (2) which he knows or reasonably ought to know to be false in a material particular commits an offence and is liable-
(15) 任何人就遵從根據第(2)款所作的任何規定而交出的任何簿冊、 帳目、文件、證券、保證或資料在要項上是虛假的,即屬犯罪─
(15) Any person who produces any book, account, document, security or information for the purpose of complying with any requirement under subsection (2) which is false in a material particular commits an offence is liable-
(a) 就該機構而言;及
(a) in relation to the institution; and
(i) 香港破產清盤法所指的清盤人、臨時清盤人、接管人或經理人;
(i) a liquidator, provisional liquidator, receiver or manager under the law of insolvency in Hong Kong;
(ii) 聯合王國破產清盤法所指的破產管理人;
(ii) an administrator under the law of insolvency in the United Kingdom;
(iii) 第(17)款所指的公告中就本定義而指明的職位。
(iii) an office specified in a notice under subsection (17) to be an office for the purposes of this definition.
(17) 財政司可藉憲報公告,就“有關人員”的定義而指明職位。
(17) The Financial Secretary may, by notice in the Gazette, specify an office to be an office for the purposes of the definition of ""relevant office-holder"".
(1) 在根據第52(1)(C)條發出的指示就任何在香港成立為法團的認可 機構生效的期間內,原訟法庭可應─
(1) During the period for which a direction given under section 52(1)(C) is in force in respect of an authorized institution incorporated in Hong Kong, the Court of First Instance may, on the application of-
(a) 該機構的經理人;或
(a) the Manager of the institution; or
(b) 該機構不少於100名成員,或持有該機構已發行股份總數不少於十 分之一的成員,
(b) not less than 100 members of, or members holding not less than one-tenth of the total number of issued shares in, the institution,
(i) 凡屬(a)段適用者,是擬在該機構的成員大會上動議的,但因大會 沒有法定人數而沒有如此動議;
(i) where paragraph (a) is applicable, was proposed to be moved at a general meeting of the members of the institution but which was not so moved because a quorum for the meeting was not obtained;
(ii) 凡屬(a)或(b)段適用者,已於該機構的成員大會上經恰當動議, 但不論因任何理由而未獲通過。
(ii) where paragraph (a) or (b) is applicable, has been properly moved at a general meeting of the members of the institution but which has not, for whatever reason, been passed.
(2) 在根據第52(1)(C)條發出的指示就任何在香港以外成立為法團的 認可機構生效的期間內,原訟法庭可應該機構的申請批准或拒絕批准任何 決議,而該決議─
(2) During the period for which a direction given under section 52(1)(C) is in force in respect of an authorized institution incorporated outside Hong Kong, the Court of First Instance may, on the application of the institution, approve or refuse to apprthat is payable in
(a) 是在第53B(10)條所指的會議上已通過或看來是已在該會議上通過 的任何決議;
(a) which has been passed, or which purports to have been passed, at a meeting within the meaning of section 53B(10);
(c) 已有一份文本,是於該決議通過或看來已通過(視屬何情況而定) 之日後不遲於14天,按其通過或看來已通過(視屬何情況而定)時的形式, 由該機構提供予經理人的。
(c) a copy of which has been provided, in the form in which it was passed, or purports to have been passed, as the case may be, to the Manager by the institution not later than 14 days after the day on which it was passed, or purports to have been passedthat is payable in in
(3) 在根據第(1)款提出的申請的聆訊中─
(3) On the hearing of an application under subsection (1)-
(a) 經理人及有關認可機構的任何成員;及
(a) the Manager and any member of the authorized institution concerned; and
(b) 金融管理專員,
(b) the Monetary Authority,
有權就該項申請陳詞,並傳召、訊問與盤問任何證人,此外,如他認 為適當,亦可支持或反對該項申請的提出。
shall be entitled to be heard on the application and to call, examine and cross-examine any witness and, if he so thinks fit, support or oppose the making of the application.
(4) 在根據第(2)款提出的申請的聆訊中─
(4) On the hearing of an application under subsection (2)-
(b) 金融管理專員,
(b) the Monetary Authority,
有權就該項申請陳詞,並傳召、訊問與盤問任何證人,此外,如他認 為適當,亦可支持或反對該項申請的提出。
shall be entitled to be heard on the application and to call, examine and cross-examine any witness and, if he so thinks fit, support or oppose the making of the application.
(5) 凡原訟法庭批准第(1)或(2)款所提述的決議,則該決議須當作於 該項批准作出時通過,並於當時及其後生效,或於原訟法庭認為適當的較 後時間通過,並於當時及其後生效。
(5) Where the Court of First Instance approves a resolution referred to in subsection (1) or (2), then the resolution shall be deemed to have been passed upon, and shall take effect on and after, that approval or such later time as the Court of First Insthat is payable i
(1) 在根據第52(1)(C)條發出的指示就任何認可機構生效的期間內的 任何時間,如該認可機構的經理人提出申請而原訟法庭覺得─
(1) Where, on the application of the Manager of an authorized institution at any time during the period for which a direction given under section 52(1)(C) is in force in respect of the institution, it appears to the Court of First Instance that-