The Research Of Legal System For E-banking Supervision In Hong Kong

The development of e-banking has promoted the revolutionary transformation ofthe banking field, the financial integration，and the economic globalization. Therefore，e-banking is increasingly a main artery of national economy, and has gained muchsupport and attention from the governments all over the world. As the third largestinternational banking center in the world, Hong Kong possesses mature and systemiclegal supervision system, and has taken up the leading position of e-banking legalsupervision. Thus, it is worth to study and explore the legal system for e-bankingsupervision in Hong Kong systematically and in detail. At the same time, the perfectionof related inspection legal system of China Mainland can be achieved by studying the e-banking legal supervision system of Hong Kong.This thesis is composed of five parts. The first part–Introduction is mainly justifychoice of this thesis topic, review the international and domestic literature and point outthat it is urgent to study on the legal system for e-banking supervision in Hong Kongbecause of little research on them at present.The second part is the general analysis of e-banking of Hong Kong, including themeanings, summary of contents and risks, and the source of supervision laws. Thesource of supervision laws has five aspects: the international frame and principles–convention and international agreement, the frame and principles in Hong Kong–theBasic Law of Hong Kong, the specialized supervision law–Banking Ordinance, theoperating instruction of Hong Kong–legal guidelines from HKMA, the auxiliary basisof Hong Kong–other relevant guidelines of HKMA.The third part combs the primary legal system for e-banking supervision fromtwo angles: the industrial regulation and the practices management. The industrialregulation mainly emphasizes the e-banking market admittance supervision and thee-banking operation supervision. The practices management mainly emphasizes therisks (technology risk, operating risk, law risk, credit risk and the strategy risk)management.The fourth summarizes the features of the legal system for e-banking supervisionin Hong Kong which including the feature of relatively independent legislative power,the feature of international interaction, the feature of coexist of authority and flexibilityof supervisory agencies, and the feature of multi–level and complementarily of the supervision law.In the fifth part, based on introducing the current situation of e–banking and the e–banking supervision law, I compare the supervision law in mainland with it in HongKong, According to the comparison, this part summarizes the disparity which includingthe low degree of internationalization standards, the complex setting of supervisionagencies, the lack of operability, the incompletion of supervision law, and the lack ofeffective supervision. Then, the suggestions to the legal system for e-bankingsupervision in Mainland are provided, including: enhance the international cooperationand promote the international principles absorption, clear the agency function andestablish the supervised mechanism, refining the supervision legislation and improve itsapplicability, complete supervision content and perfect the supervision law system, setup the fee standard and perfect the management method of e–banking.