### Deposit Protection Scheme Ordinance 《存款保障計劃條例》

53. Power of Monetary Authority to make rules
(1) The Monetary Authority may, after consultation with HKAB, make rules for the purpose of enabling a Scheme member, or each Scheme member of a class of Scheme members, to be required to maintain, in respect of the relevant deposits maintained with the Scheme member, assets in Hong Kong.
(2) Rules made under this section may—
(a) empower the Monetary Authority to require a Scheme member, or each Scheme member of a class of Scheme members, to maintain, in respect of the relevant deposits maintained with the Scheme member, assets in Hong Kong in accordance with any requirement specified in the rules for the purpose;
(b) empower the Monetary Authority to specify, for the purpose of an asset maintenance requirement, the amount of assets to be maintained in Hong Kong by the Scheme member, or each of the Scheme members, subject to the requirement;
(c) specify the circumstances under which, and the manner in which, the Monetary Authority may issue an asset maintenance requirement;
(d) specify—
(i) the assets that are to be regarded as assets in Hong Kong;
(ii) the extent to which, and the manner in which, certain assets are to be taken into account; and
(iii) other matters to be taken into account,
for the purpose of determining whether an asset maintenance requirement has been complied with;
(e) require that the Monetary Authority shall, before issuing an asset maintenance requirement, afford the Scheme member an opportunity of being heard;
(f) specify the time within which, and the manner in which, a Scheme member is to be heard before an asset maintenance requirement is issued;
(g) enable any person aggrieved by an asset maintenance requirement to apply to the Tribunal for a review of the decision;
(h) specify the time within which, and the manner in which, such an application is to be made;
(i) provide that every director and every chief executive of a Scheme member that contravenes an asset maintenance requirement commits an offence and is liable—
(i) on conviction on indictment to a fine of $400,000 and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine of $20,000 for each day during which the offence continues; or
(ii) on summary conviction to a fine at level 6 and to imprisonment for 6 months and, in the case of a continuing offence, to a further fine of $10,000 for each day during which the offence continues;
(j) provide for any specified defence to be available in proceedings for such an offence; and
(k) provide for any other matter relating to the asset maintenance requirement.
(3) In this section, asset maintenance requirement (維持資產規定) means the requirement, referred to in subsection (2)(a), by the Monetary Authority of a Scheme member, or each Scheme member of a class of Scheme members, to maintain assets in Hong Kong.

### Deposit Protection Scheme Ordinance 《存款保障計劃條例》

54. Amendment of Schedules
(1) The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 1, 2, 3 or 4.
(2) In amending Schedule 4, the Chief Executive in Council shall ensure that the Fund should, so far as practicable, be made up of money derived from the banking industry.

56. Transitional provisions in relation to Deposit Protection Scheme (Amendment) Ordinance 2010
(1) The amendments made to this Ordinance by the Deposit Protection Scheme (Amendment) Ordinance 2010 (11 of 2010) (the amending Ordinance

### Deposit Protection Scheme Ordinance 《存款保障計劃條例》

57. Transitional provisions in relation to Deposit Protection Scheme (Amendment) Ordinance 2016
(1) In this section—
*commencement date (生效日期) means the date of commencement of the Deposit Protection Scheme (Amendment) Ordinance 2016 (2 of 2016);
former Ordinance (《原有條例》) means this Ordinance as in force immediately before the commencement date;
specified event (指明事件) means a specified event within the meaning of section 22(1).
(2) The former Ordinance applies to all matters arising from, in relation to, or as a consequence of, a specified event that has occurred before the commencement date.
(3) The provisions of the former Ordinance specified in subsection (4) continue to apply—
(a) for determining the amount of build-up levy payable by a Scheme member under section 3(5) of Schedule 4 for the year of 2016; and
(b) for calculating the amount of contribution payable by a new Scheme member under section 6(1) of that Schedule for the year of 2016.
(4) The provisions of the former Ordinance specified for the purposes of subsection (3) are—
(a) section 48(2);
(b) the definition of amount of relevant deposits in section 1(1) of Schedule 4; and
(c) section 1(2) of that Schedule.
(Added 2 of 2016 s. 10) Editorial Note:
* Commencement date: 24 March 2016.

### Prevention of Child Pornography Ordinance 《防止兒童色情物品條例》

1. Short title
(Amended E.R. 1 of 2021)(1) This Ordinance may be cited as the Prevention of Child Pornography Ordinance.
(2) (Omitted as spent—E.R. 1 of 2021)

### Prevention of Child Pornography Ordinance 《防止兒童色情物品條例》

3. Offences relating to child pornography
(1) Any person who prints, makes, produces, reproduces, copies, imports or exports any child pornography commits an offence and is liable—
(a) on conviction on indictment to a fine of $2,000,000 and to imprisonment for 8 years; or
(b) on summary conviction to a fine of $1,000,000 and to imprisonment for 3 years.
(2) Any person who publishes any child pornography commits an offence and is liable—
(a) on conviction on indictment to a fine of $2,000,000 and to imprisonment for 8 years; or
(b) on summary conviction to a fine of $1,000,000 and to imprisonment for 3 years.
(3) Any person who has in his possession any child pornography (unless he is the only person pornographically depicted in the child pornography) commits an offence and is liable—
(a) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 5 years; or
(b) on summary conviction to a fine of $500,000 and to imprisonment for 2 years.
(4) Any person who publishes or causes to be published any advertisement that conveys or is likely to be understood as conveying the message that any person has published, publishes or intends to publish any child pornography commits an offence and is liable—
(a) on conviction on indictment to a fine of $2,000,000 and to imprisonment for 8 years; or
(b) on summary conviction to a fine of $1,000,000 and to imprisonment for 3 years.