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Laws of Banking and Finance in the Hong Kong SAR

Laws of Banking and Finance in the Hong Kong SAR

Author: Berry F.C. Hsu
Publisher: Hong Kong University Press
ISBN: 9789622094604
Published In: July 1998
Format: Online , 328 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Laws of Banking and Finance in the HKSAR addresses the contemporary issues relating to financial institutions and their operation in the Hong Kong Special Administrative Region. It examines the historical, economic, and social aspects of banking and finance. It traces the policies of banking and finance in the SAR during the last 150 years and under the Basic law. This book focuses on current issues and developments in the legal framework of the HKSAR, commercial instruments, relations between bankers and customers, banking institutions, and capital markets. It provides commentaries on legislation and case law as well as explaining the rationale behind the various regulatory frameworks. The globalization of the capital markets is another important aspect considered by the book.

Part 1: Introduction

Chapter I The Legal Framework of Banking and Finance
Introduction
The constitutional framework of banking and finance
The legislative and executive processes
The judicial process
Administrative law
Interpretation and construction of ordinances

Part II: The Black Letter Laws of Banking

Chapter 2 Negotiable Instruments and Securities
Introduction
Negotiable instruments
Law relating to securities

Chapter 3 Banker and Customer, Business Associations, Bankruptcy and Insolvency
Introduction
The relationship between banker and customer
The banker-customer relationship
Different roles of the banker with the same customer
Business organizations as customers
Insolvency and bankruptcy

PART III: Regulatory Framework of Banking

Chapter 4 Evolution of Banking Legislation: from Colonization to Globalization
Introduction
The development of the Banking Ordinance
Globalization and modernization of banking legislation
The structure of banking and deposit-taking institutions

Chapter 5 Regulatory Framework of Banking Institutions
Introduction
Ownership and management
Financial requirements for banking operations
The monitoring of banking operations
The statutory power of the Monetary Authority
The banking framework in global competition

Part IV: Regulatory Framework of Finance

Chapter 6 Regulatory Framework of Financial Markets I
Introduction
Background
The case for regulating financial markets
Restriction of entry to financial markets

Chapter 7 Regulatory Framework of Financial Markets II
Introduction
Mandatory disclosure
Accuracy of information
Improper activities
The HKSAR and the global challenge

Part V: Conclusion

Chapter 8 The HKSAR as an International Financial Centre
Financial Market Review
Bank ownership
Corporate governance
Corporate insolvency
Securities law
Conflict of interest
Accounting and disclosure standards
Rationalization of regulatory bodies
Conclusion

Berry Fong-Chung Hsu is an associate professor in law in the Department of Real Estate and Construction, University of Hong Kong. Dr. Hsu, a Chartered Engineer of the British Engineering Council, is also a Barrister and Solicitor of the Supreme Court of Victoria. His research interests include law of banking and finance, tax law and public law of Hong Kong.