(1) An authorized institution incorporated in Hong Kong shall immediately give written notice to the Monetary Authority if-
(a) the institution-
(i) proposes to give notice to its members of an ordinary resolution removing an auditor before the expiration of his term of office; or (Amended 49 of 1995 s. 18)
(ii) gives notice to its members of an ordinary resolution replacing an auditor at the expiration of his term of office; or (Amended 49 of 1995 s. 18)
(b) a person ceases to be an auditor of the institution otherwise than in consequence of such a resolution.
(2) An auditor of an authorized institution appointed under section 131 of the Companies Ordinance (Cap 32) shall immediately give written notice to the Monetary Authority if he-
(a) resigns before the expiration of his term of office;
(b) does not seek to be re-appointed; or
(c) decides to include in his report on the institution's accounts any qualification or adverse statement as to a matter mentioned in section 141 of the Companies Ordinance (Cap 32).
(3) Every director, every chief executive and every manager of an authorized institution which contravenes subsection (1) commits an offence and is liable- (Amended 32 of 2001 s. 24)
(a) on conviction upon indictment to a fine at tier 7 and to imprisonment for 2 years and to a further fine at tier 3 for every day for which the institution fails to give the notice required under that subsection to the Monetary Authority; or
(b) on summary conviction to a fine at tier 5 and to imprisonment for 6 months and to a further fine at tier 2 for every day for which the institution fails to give the notice required under that subsection to the Monetary Authority. (Amended 4 of 1997 s. 27)