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Training for HKMA Staff Regarding the Banking Ordinance and Relevant Statistics

Taylor Amarel made this Freedom of Information request to Hong Kong Monetary Authority

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Dear Hong Kong Monetary Authority,

I would like to request information on the following topics:

1.) Banking Ordinance training for HKMA Staff, specifically:

1a.) Does the HKMA have training materials for the Banking Ordinance?

1b.) Are the training materials part of mandatory training courses, voluntary training courses, or self-study courses?

1c.) Are there any assessments, certifications, or tests, to rate the proficiency and understanding of the Banking Ordinance among HKMA Staff?

1d.) Is there any specific unit of the HKMA that is dedicated to complaints, investigations, or other concerns relating to the Banking Ordinance?

2.) Statistics relating to suspected violations of the Banking Ordinance

2a.) How many complaints were filed or categorized as a suspected violation of the Banking Ordinance in the years 2016, 2017, 2018, 2019, and 2020 (to the present day)?

2b.) If available, how many complaints for years 2016, 2017, 2018, 2019, and 2020 (to present day) alleged unlicensed banking or deposit-taking activities as defined by Section 11 and 12 of the Banking Ordinance?

2c.) What are the number of investigations, prosecutions, and convictions for violations of the Banking Ordinance for the years 2016, 2017, 2018, 2019, and 2020 (to the present day)?

Yours faithfully,

Taylor Amarel

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的個人資料。

Dear Mr./Ms. Amarel,

Thank you for your email dated 6 November 2020. Please note that your
enquiry is being handled. According to paragraph 1.16 of the "Code on
Access to Information", we will inform you the progress on or before 26
November 2020.

Best regards,

Florence Lui
Access to Information Officer
Hong Kong Monetary Authority

----------------------------------------- Reply History
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To: "FOI requests at Hong Kong Monetary Authority"
<[Hong Kong Monetary Authority request email]>
Cc:
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Tips
From: "Taylor Amarel"
<[FOI #524 email]>
06/11/2020 05:16 PM
Subject Freedom of Information request - Training for HKMA Staff Regarding
the Banking Ordinance and Relevant Statistics

Dear Hong Kong Monetary Authority,

I would like to request information on the following topics:

1.) Banking Ordinance training for HKMA Staff, specifically:

1a.) Does the HKMA have training materials for the Banking Ordinance?

1b.) Are the training materials part of mandatory training courses,
voluntary training courses, or self-study courses?

1c.) Are there any assessments, certifications, or tests, to rate the
proficiency and understanding of the Banking Ordinance among HKMA Staff?

1d.) Is there any specific unit of the HKMA that is dedicated to
complaints, investigations, or other concerns relating to the Banking
Ordinance?

2.) Statistics relating to suspected violations of the Banking Ordinance

2a.) How many complaints were filed or categorized as a suspected
violation of the Banking Ordinance in the years 2016, 2017, 2018, 2019,
and 2020 (to the present day)?

2b.) If available, how many complaints for years 2016, 2017, 2018, 2019,
and 2020 (to present day) alleged unlicensed banking or deposit-taking
activities as defined by Section 11 and 12 of the Banking Ordinance?

2c.) What are the number of investigations, prosecutions, and convictions
for violations of the Banking Ordinance for the years 2016, 2017, 2018,
2019, and 2020 (to the present day)?

Yours faithfully,

Taylor Amarel

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Dear Mr./Ms. Amarel,

Thank you for your email dated 6 November 2020. Please find below our
responses in blue:

1.) Banking Ordinance training for HKMA Staff, specifically:

1a.) Does the HKMA have training materials for the Banking Ordinance?

1b.) Are the training materials part of mandatory training courses,
voluntary training courses, or self-study courses?

1c.) Are there any assessments, certifications, or tests, to rate the
proficiency and understanding of the Banking Ordinance among HKMA Staff?

1d.) Is there any specific unit of the HKMA that is dedicated to
complaints, investigations, or other concerns relating to the Banking
Ordinance?

Answer for 1a to 1d : The Hong Kong Monetary Authority (HKMA) provides
training activities related to the Banking Ordinance which are mandatory
for relevant staff. All staff are given regular feedback on their
performance by supervisors in their daily course of work, and a detailed
performance appraisal is conducted annually.

The Banking Ordinance provides the legal framework for the regulation and
supervision of banking business in Hong Kong. The HKMA exercises its
statutory regulatory and supervisory functions in line with international
standards, and includes Banking Conduct Department, Banking Policy
Department, Banking Supervision Department as well as Enforcement and
Anti-Money Laundering Department which together are responsible for
regulating and supervising banking business of authorized institutions.
Amongst others, the Enforcement Divisions of the HKMA handles complaints
against authorized institutions and/or their staff, and conducts
investigations or otherwise follows up on issues arising from on-site
examinations and offsite reviews, banking complaints, whistle-blowing and
banks’ self-reporting and which raise possible concerns such as breaches
of the laws and regulations, misconduct, and/or fitness and properness of
banks and/or their staff.

2.) Statistics relating to suspected violations of the Banking Ordinance

2a.) How many complaints were filed or categorized as a suspected
violation of the Banking Ordinance in the years 2016, 2017, 2018, 2019,
and 2020 (to the present day)?

Answer:

Year Number of complaints filed or categorized as
suspected violation of the Banking Ordinance
by Authorized Institutions
2016 0
2017 1
2018 0
2019 0
2020 (up to end-Oct) 0

2b.) If available, how many complaints for years 2016, 2017, 2018, 2019,
and 2020 (to present day) alleged unlicensed banking or deposit-taking
activities as defined by Section 11 and 12 of the Banking Ordinance?

Answer:

Year Number of enquiries/complaints in relation to
alleged unlicensed banking or deposit-taking
activities as defined under sections 11 and
12 of the Banking Ordinance
2016 3
2017 5
2018 9
2019 8
2020 (up to end-Oct) 14

2c.) What are the number of investigations, prosecutions, and convictions
for violations of the Banking Ordinance for the years 2016, 2017, 2018,
2019, and 2020 (to the present day)?

Answer:

Year Number of breaches by Authorized Institutions
under various sections of the Banking
Ordinance
2016 31
2017 52
2018 23
2019 23
2020 (up to end-Oct) 41

Best regards,

Florence Lui
Access to Information Officer
Hong Kong Monetary Authority

To: "Taylor Amarel" ----------------------------------------- ----
<[FOI #524 email]> ----
cc:
bcc:
Tips
From: Public Enquiry ----------------------------------------- ----
----
Date: 13/11/2020 05:01 PM
Subject: Re: Freedom of Information request - Training for HKMA Staff Regarding the Banking
Ordinance and Relevant Statistics [1]Link