Tag Archives: China

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Misrepresentation and misuse of the word “bank” in Hong Kong by crypto firms

The following is issued on behalf of the Hong Kong Monetary Authority:

     The Hong Kong Monetary Authority (HKMA) wishes to remind members of the public to be cautious about certain overseas crypto firms, which are not licensed banks in Hong Kong, making representation in Hong Kong that they are “banks” or using the word “bank” in the descriptions of their products or services. Such acts may constitute a contravention of the Banking Ordinance.

     It has come to the HKMA’s attention that at the activities hosted in Hong Kong by two overseas crypto firms which are not licensed banks in Hong Kong, one of the firms was reported to have made representation that it was a “bank”, while the other firm had described its card product offered on its website as “bank card”. The HKMA is concerned that such claims by these firms may mislead consumers to believe that they are licensed banks in Hong Kong and are under the HKMA’s supervision, and such products and services are provided by licensed banks in Hong Kong. 

     Under the Banking Ordinance, only licensed banks, restricted licence banks and deposit-taking companies (collectively known as authorized institutions) which are authorized by the HKMA can carry on banking business or deposit-taking business in Hong Kong. Other than licensed banks in Hong Kong, it is an offence for any person to use the word “bank” in the name or description under which the person carries on business, or makes any representation that the person is a bank or is carrying on banking business in Hong Kong (Note).

     The HKMA wishes to remind members of the public that crypto firms which are not authorized institutions in Hong Kong are not supervised by the HKMA. Overseas crypto firms with names carrying the word “bank” or overseas “crypto banks” claiming to be licensed elsewhere are not necessarily licensed banks in Hong Kong. Also, products or services with names carrying the word “bank” are not necessarily provided by licensed banks in Hong Kong. 

     If there is any doubt, members of the public may refer to the register of authorized institutions on the HKMA’s website (https://vpr.hkma.gov.hk/eng/regulatory-resources/registers/register-of-ais-and-lros), or call the HKMA’s Public Enquiry Service hotline (2878 8222).

Note:
Under section 97 of the Banking Ordinance, it is an offence for any person, other than a licensed bank in Hong Kong or a central bank, without the written consent of the Monetary Authority, to use the word “bank” or any of its derivatives, or use the letters “b”, “a”, “n”, “k” in that order, in the description or name under which such person is carrying on business in Hong Kong; or to make any representation that such person is a bank or is carrying on banking business in Hong Kong. Under section 97A of the Banking Ordinance, no person is permitted to describe himself, or otherwise hold himself out, so as to indicate, or reasonably be construed to indicate, that he is a licensed bank, or carrying on in Hong Kong banking business, unless he is a licensed bank in Hong Kong. read more

Taxi Service Commendation Scheme 2024 opens for public nominations

     The Transport Department (TD) today (November 15) said that, to promote the quality services and image of the taxi industry, and compliment quality taxi drivers and taxi service management teams, the Committee on Taxi Service Quality (CTSQ) and the TD are jointly organising the Taxi Service Commendation Scheme 2024.
 
     To recognise the quality services provided by drivers and management teams, a total of 24 awards will be granted under the scheme, including 20 Quality Taxi Drivers, one Most Popular Taxi Driver, two Good Driver, Good Service awards, and one Quality Taxi Service Management Team. To encourage public participation, the scheme is open for nominations throughout the year.
 
     Members of the public can nominate quality taxi drivers and service management teams, and share their Good Driver, Good Service riding experiences provided by a taxi driver via the CTSQ’s webpage (www.ctsq.org.hk/voting) by scanning the QR code on the publicity material of the scheme (see Annex). They can also download the nomination form from the TD’s website (www.td.gov.hk/en/transport_in_hong_kong/public_transport/taxi/index.html) or the CTSQ’s website (www.ctsq.org.hk) and send the completed form to the TD by post or email.
 
     The TD will issue letters to the taxi trade and publish content in the Taxi Newsletter to introduce the scheme. Promotional materials will be exhibited inside taxi compartments, at other public transport modes and the information plates of taxi stands. The scheme will also be publicised through the TD’s website, the HKeMobility mobile application and collaboration with the Hong Kong Tourism Board to invite public and tourists’ nominations on drivers and management teams. read more

Air Pollution Control (Amendment) Bill 2024 gazetted today

     The Air Pollution Control (Amendment) Bill 2024 (Amendment Bill) was published in the Gazette today (November 15) to more effectively combat unlicensed specified process (SP) operations and implement recommendations of the latest Air Quality Objectives (AQOs) review.
 
     A spokesman for the Environment and Ecology Bureau indicated that SPs are major sources of serious air pollution. Currently, 31 types of SPs are specified in Schedule 1 to the Air Pollution Control Ordinance (Cap. 311) (APCO). All SP operations are required to have an SP licence issued by the Environmental Protection Department (EPD). All unlicensed SP operations are illegal. They cause persistent air pollution problems and a large number of complaints and must be immediately stopped.
 
     The spokesman said, “To provide an effective legal means to stop ongoing unlicensed SP operations as soon as possible, the Amendment Bill proposes to introduce a statutory closure notification mechanism to empower the Director of Environmental Protection to issue a closure notice in respect of the premises where he has reasonable cause to believe that an unlicensed SP is being carried out. The Amendment Bill also proposes to revise the scope of ‘cement works’ and the definition of ‘premises’ under the APCO to include cement works carried out at sea in order to enhance regulatory clarity. After the enactment and commencement of the Amendment Bill, we will provide a six-month transitional period for relevant existing operators to apply to the EPD for the required SP licences.”
 
     The Amendment Bill also proposes to implement recommendations of the latest AQOs review in order to set out measures and requirements to tackle air pollution problems. The proposed AQOs updates include tightening the five objectives for sulphur dioxide (SO2), respirable suspended particulates (PM10) and fine suspended particulates (PM2.5), and adding three new objectives for nitrogen dioxide (NO2), ozone (O3) and carbon monoxide (CO) introduced by the World Health Organization. 
 
     The spokesman said, “The updated AQOs will be on par with relevant standards of other advance economies. A transitional period of 36 months will be provided for designated projects for which environmental permits (EP) have been issued under the Environmental Impact Assessment Ordinance (Cap. 499) before the new AQOs take effect, starting from the enactment and commencement of the Amendment Bill. During the transition period, the pre-amended AQOs continue to apply to applications for variation of conditions of the EP. Meanwhile, the Amendment Bill also proposes to update the AQOs and provide corresponding transitional arrangements by ‘negative vetting’ in the future to streamline relevant procedures.”
 
     The Amendment Bill will be introduced into the Legislative Council for first and second readings on November 27.  read more