General Conditions

By using NET Banking, you agree to these Conditions (being the General Conditions and the Specific Conditions - see below). Please read them carefully, particularly General Conditions 4 (Your Logon ID and Password) and 5 (Limit of our liability) below.

"You" and "your" mean a NET Banking customer. "We", "us" and "our" refer to CMB Wing Lung Bank Limited, Wing Lung Securities Ltd. or the Bank's other subsidiaries.
   

1.

Introduction

1.1

NET Banking is an automated service which allows our customers to access financial services through the internet. We may from time to time vary the services available on NET Banking, the operations of NET Banking or the daily cut-off times, or suspend or withdraw NET Banking, without notice or responsibility to you.

1.2

NET Banking is only available in the places where we are authorized to providing the relevant services.

1.3

Before you can access NET Banking, you must sign an application and obtain in person your Password from our designated office. We may reject your application, without giving any reason. It is important for your protection that you immediately change your Password after you have accessed NET Banking for the first time.

1.4

Two-factor authentication by using a security token prescribed by us is mandatory to access NET Banking. You will comply with our procedures for collecting and activating a security token as required. You may request to replace a security token if it malfunctions, runs out of battery or is lost. We will impose a service charge where the old token is physically damaged, lost or if you fail to return the token to us upon termination of your NET Banking service. You will not temper with, copy, exploit or otherwise deal with the security token except using it to access a service provided by us.

1.5

If you are an individual, you agree that we may use and disclose your personal data (collected by us at any time) for the purposes (including matching procedures, as defined in the Personal Data (Privacy) Ordinance) and to the persons (in or outside Hong Kong) as referred to in our current statement or policy on personal data.
   

2.

NET Banking

2.1

In general, an instruction once given and accepted cannot be altered or cancelled. However, an instruction to sell or buy securities may be altered or cancelled before execution.

2.2

Our computer data records of NET Banking transactions and messages (including applicable exchange rates) are, save to the extent of manifest error, conclusive and binding on you. You agree that they shall be admissible in the courts as evidence of the existence of the transactions and messages, and of the facts contained therein, to the extent permitted by applicable law. Transactions and messages as shown on your computer are for your reference only.

2.3

NET Banking is an automated system. All your instructions will be processed automatically by our computer system, without opportunity for oversight. You agree that any manual processing, for example, to complete a cashier order which you have purchased through NET Banking, will be a purely administrative task.

2.4

You are regarded as having received a communication when it is dispatched by our computer system or posted on our NET Banking web site. The dispatch and receipt of communications through NET Banking are regarded to take place in Hong Kong.

2.5

You will not use NET Banking for any purpose other than to access an available service. You shall ensure that the content of a message sent by or on your behalf through NET Banking is not inconsistent with applicable law.

2.6

If your instruction has not been accepted by NET Banking for any reason (for example, insufficient account balance, or after cut-off time), please try again. NET Banking will not reprocess your instruction automatically.

2.7

You will obtain and maintain at your own cost suitable computer equipment, software and connection to the internet to access NET Banking. You are responsible for all telephone, internet service and other charges incurred in using NET Banking. We will not be responsible for any inability to access NET Banking, or any incorrect representation of NET Banking on your screen, arising from your equipment, software or connection.

2.8

We may download certain information including your identification data to your computer or access device, if allowed under our Privacy Policy statement.

2.9

These Conditions are additional to our relevant terms and conditions governing the underlying transactions effected through NET Banking.
   

3.

e-Statements / e-Advices

3.1

The e-Statements / e-Advices service is at all times provided to you if you possess one or more of the following, as applicable:

 

i.

a valid CMB Wing Lung NET Banking Account;

  

ii.

a valid and up-to-date email address that has sufficient capacity at all relevant times to receive the statement alert;

  

iii.

an internet service provider, appropriate telecommunications equipment and computer software capable of receiving and reading the statement alert, any or all of which may be determined by us from time to time.

  

3.2

Our Bank will send a statement alert to your designated email address via secured means. We may, in our discretion, send a message to your email address last registered with the Bank to notify you that the e-statements / e-advices have been placed on CMB Wing Lung NET Banking Site for your review and download. All e-statements and e-advices placed in your CMB Wing Lung Net Banking Account, or a statement alert sent or re-sent under the Service to your email address, shall be deemed to be delivered to you. It is your responsibility to frequently and periodically check your email address to acquire such notices.

3.3

Once you have registered with the e-Statements/e-Advices service, the corresponding Statements and Advices (i.e. in their paper form) will no longer be sent to your mailing address or by any other means unless otherwise stipulated. Your e-statements / e-advices may be reviewed on CMB Wing Lung NET Banking Site, which will only be made available there for a designated period of time determined by us from time to time. Such contents and records shall be binding upon you irrespective of whether or not they have been reviewed and/or saved by you. These Terms and Conditions are not intended to and will not supersede or replace the existing general terms and conditions governing your Accounts and your use of other products and services offered by our Bank. These Terms and Conditions shall be deemed and reviewed as supplementary to such general terms and conditions. In the event of inconsistency or conflict between these Terms and Conditions and other T&Cs, these Terms and Conditions shall prevail where the service is concerned.

3.4

Once you have registered your account(s) for e-Statements/e-Advices service, it is deemed that you agree and accept to receive the e-Statements/e-Advices which have been provided or to be provided from the account(s) by electronic means.

3.5

If you have registered for the service which requires your acknowledgement/ response to the e-Statements/e-Advices from the account(s), you agree to download, store and print the corresponding documents and reply to the Bank within a reasonable time.

3.6

During such time when you are registered with the e-Statements/e-Advices service, you may in addition request for the corresponding Statement/ Advice in paper form (irrespective of whether or not such e-statements / e-advices is still available on CMB Wing Lung NET Banking Site), but such a request is at all times will subject to the service charges as we shall determine from time to time.

3.7

You warrant that all particulars given to us for the purposes of or in connection with the Service are complete, accurate and up-to-date at all relevant time and undertake to notify us as soon as practicable of any changes thereto including, without limitation, your email address.

3.8

You agree to open, read or access and carefully review and examine all e-statements / e-advices sent to you in a timely manner and advise us as soon as possible, of any errors, discrepancies, unauthorized transactions or other irregularities arising from whatever cause, including, without limitation, forgery, fraud, lack of authority or your negligence or negligence of another person(s)("Errors").

3.9

You agree that the e-statements / e-advices shall, as between us and you, be conclusive evidence as to the balance shown therein and that the e-statements / e-advices shall be binding upon you and you shall be deemed to have agreed to waive any rights to raise objections or pursue any remedies against us in respect thereof unless you notify us of any such errors within 60 days where the e-statements / e-advices is a monthly credit card e-statements / e-advices and 90 days for all other e-statements / e-advices after we have sent the statement alert to your email address.

3.10

After reviewing your e-statements / e-advices on CMB Wing Lung NET Banking Site, you may download, save or print out the related document as reference.

3.11

You understand that internet and email services may be subject to certain IT risks and disruption.

3.12

You shall bear any fees, charges or expenses which may be imposed by any telecommunications company (whether or not designated by us) providing or servicing your telecommunications equipment in connection with the e-Statements/e-Advices service.

3.13

We may re-send to the email address any statement alert which, in our opinion, has failed to reach you the first time we sent it. This will be done in accordance with our procedures for re-sending that statement alert, if any, as designated by us from time to time. If, in our opinion, the statement alert sent or re-sent further to your email address has failed to reach you, we may, in our sole discretion, notify you of the same using such means as we deem appropriate and you must comply with any instructions we may specify in such notices. We may, but shall not be obliged to, forward the corresponding Statement or Advice of that particular e-statements / e-advices to the mailing address you have last registered with us. We may also, in our sole discretion, stop sending the said e-statements / e-advices or even all other e-statements / e-advices in the future and we may dispose of the said statement alert as we shall decide including, without limitation, deleting or removing the same from our system and record.

3.14

You may terminate the e-Statements/e-advices service and any other related service (if applicable) by notifying us with at least of 3 business days in such manner as we may prescribe from time to time.
   

4.

Your Logon ID and Password

4.1

They are important means of protection for you. You agree to use all reasonable care to keep them secret to yourself and where we provide you with a security token, to ensure the safe keeping of the security token (or, if you are a corporate body, your authorized representative only). The term "Password" includes, where a security token has been provided, the security token and each one-time password (OTP) generated by the security token.

4.2

Where we provide you with a security token, you agree to complete its activation process within the activation period where necessary. You must follow the directions and procedures as specified by us from time to time for token activation and NET Banking access using the security token, failing which you may not be able to access NET Banking.

4.3

You shall contact us immediately by telephone at 3711 7900 if you find or believe that your Logon ID or Password has been compromised, lost or stolen or that any unauthorized transactions have occurred. You shall confirm your report to us in writing within 24 hours.

4.4

We may regard an instruction given through NET Banking by any person with the use of your Logon ID or Password as conclusively binding on you.

4.5

You will be liable for all losses if you have acted fraudulently or with gross negligence, or allowed any third party to use your Logon ID or Password, or failed to comply with your obligations under General Conditions 4.1 or 4.3. You would not otherwise be responsible for any direct loss suffered by you as a result of unauthorized transactions conducted through your account. This Condition does not apply to you unless you are a private individual (excluding sole traders, partnerships, clubs and societies), or to unauthorized transactions conducted through plastic cards which may be used to pay for goods and services or to withdraw cash.

4.6

To the extent that General Condition 4.5 does not apply, you will be liable for all instructions given with the use of your Logon ID or Password, whether or not authorized.

4.7

An instruction given by the use of your Logon ID or Password is valid and conclusively binding on you, although your mandate for the account may require a particular signature, or different signatures may be specified for different accounts.
   

5.

Limit of our liability

5.1

A reasonable level of commercially available security and encryption measures have been provided for NET Banking. However, unless caused by our wilful default, we are not liable for:

a. any instruction which is not actually received by us, whether by reason of malfunction in computer or communications facilities or otherwise;
b. any delay or interruption in accessing NET Banking, or the timely execution of instructions which are not given to us in time;
c. any inability to access NET Banking;
d.(subject to Condition 4.5) any unauthorized interception, corruption or loss of messages sent through the internet, or any unauthorized access to NET Banking;
e. any error in NET Banking; or
f. any computer virus or similar problems arising in connection with NET Banking.

5.2

We shall in no event be liable for any loss, damage or expense for not providing two-factor authentication for any services or transactions.

5.3

We are in any event not liable for any indirect, special, incidental or consequential damages arising from the use of or inability to use NET Banking.

5.4

Any information available on NET Banking is provided for your reference only. We are not responsible for its accuracy, completeness or timeliness, or for any decision made with the information.

5.5

Hyperlinks to other sites are provided for your convenience only. They are not our recommendation or endorsement of the other sites. We are not responsible for the contents of the other sites, and have not verified them.

5.6

If we are found to be liable for any damages, our liability shall be limited to the amount of the relevant transaction or, if less, your direct damages.

5.7

We cannot be responsible to recover a payment which you have made to a third party through NET Banking, or to resolve a dispute between you and the third party.

5.8

These limits of our liability operate to the extent permitted by applicable law.
   

6.

Changes to Conditions

6.1

We may change these Conditions at any time, by posting a notice on the NET Banking web site 30 days before the change takes effect.

6.2

You will abide by the latest current version of these Conditions, although you may have received a previous version at the time of your application to access NET Banking.

6.3

We may impose or vary fees and charges for using NET Banking. Fees and charges may be debited from your accounts with us.
   

7.

Termination

7.1

You may terminate your use of NET Banking at any time by notifying us. This will not terminate your accounts with us.

7.2

We may terminate your use of NET Banking at any time, without giving any reason. Our notice of termination dispatched through NET Banking or made available on an attempted access with your Logon ID and Password shall have immediate effect.

7.3

Termination of the use of NET Banking will not affect any accrued rights. Condition 2.2 shall survive termination.
   

8.

General

8.1

You agree to comply with the operational instructions from time to time in force for NET Banking. These instructions may be viewed by clicking on the "Help" button. Please read these instructions, which set out fees and charges, and may affect your rights and obligations.

8.2

The NET Banking web site is hosted by us and is connected to the internet via an independent service provider, which is not our agent for any purpose. We do not assume any responsibility in respect of the provider.

8.3

All holders of a joint account are jointly and severally responsible to us for an instruction given through NET Banking in respect of the account. Any requirement in the mandate for joint signatories shall be regarded as satisfied by the use on NET Banking of the correct Logon ID and Password for the account.

8.4

Changes in the authorized signatory of your account will not affect operation through NET Banking by using your Logon ID and Password. If you wish, you must change your Password immediately.

8.5

If any Condition or part thereof is invalid, all other Conditions shall remain in full force and effect.

8.6

These Conditions, and all transactions effected through NET Banking, are governed by the law of the Hong Kong Special Administrative Region. The parties submit to the non-exclusive jurisdiction of the Hong Kong courts.

8.7

Headings are for ease of reference only. "Our computer system" refers only to the computer equipment and software which are operated under our sole control. Words importing the singular include the plural and vice versa. "Including" is not a word of limitation.

8.8

The English version of these Conditions prevails over the Chinese version.


The Specific Conditions may be found on the NET Banking web site as part of the Conditions, appearing immediately after the General Conditions. These Specific Conditions are deemed incorporated herein.

 

Effective: September 2011
CMB Wing Lung NET Banking

CMB WING LUNG BANK GROUP

Privacy Policy Statement

It is the policy of CMB Wing Lung Bank Group (the "Group") to respect the privacy of their customers and keep the information relating to a customer secure and confidential. The Group also educates all staff of the importance of customers' privacy and requires them to comply with the strictest standards of security and confidentiality. Information is collected on the use of web portal from the Group's customers, which include the Group's web portal visitors.

Data Collection and Usage

The Group collects personal data from the Group's web portal visitors on a voluntary basis. Personal information may include name, title, e-mail address, etc. The information is used by the Group for the purposes indicated in the respective screens in which customers are invited to provide personal data and in the following Notice to Customers. Personal information held by the Group is kept confidential and the Group does not use customers' personal information for any purposes other than those already specified to customers herein or in the Group's Notice to Customers or unless such usage is permitted or required by law.

When an individual visits this web portal, the Group records the visit only as a "hit" but does not capture any personal identifiable information about the visitor. The Group gathers and analyzes this information to compile general statistics about usage of the Group's web portal. The Group also collects information about the visit by means of cookies files (Cookies are small pieces of data transmitted to and stored in the visitor's local hard drive). The data obtained would be used for web portal personalization and marketing. Cookies can not retrieve information stored in the visitor's hard disk. The visitor has a choice not to accept the cookies files, but if this is the case, certain functionality may not be available.

Data Disclosure Restrictions

The Group follows strict privacy procedures in regard to protection of personal data. No disclosure of personal identifiable information to third parties is allowed unless the related customer has been previously informed or the disclosure is permitted or required by any law binding on the Group or any of its branches.

Data Retention

The Group retains all records of online transactions for validation and auditing purposes. Information that is no longer required is destroyed.

Data Security

All personal data provided to the Group is secured with restricted access by authorized personnel. Encryption technology is employed for sensitive data to protect customers' privacy during data transmission.

Contact Us

Request for access to data or correction of data or for information regarding policies and practices and kinds of data held should be addressed to:

Data Protection Officer
CMB Wing Lung Bank Limited
45 Des Voeux Road Central, Hong Kong

Interpretation
In this statement, "Group" means CMB Wing Lung Bank Ltd., any subsidiary undertaking of CMB Wing Lung Bank Ltd., any direct or indirect parent undertaking of CMB Wing Lung Bank Ltd., any subsidiary undertaking of any such parent undertaking, or any of their related or associated companies including, for the avoidance of doubt, undertakings within the group of China Merchants Group.

June 2009

CMB WING LUNG BANK GROUP
Notice to Customers relating to the Personal Data (Privacy) Ordinance (the "Ordinance")

In compliance with the Personal Data (Privacy) Ordinance, CMB Wing Lung Bank Ltd would wish to inform you of the following:
1. From time to time, it is necessary for customers and various other individuals (including without limitation applicants for banking/financial services and banking/credit facilities, sureties, referees, guarantors, providers of security, shareholders, directors, officers and managers of corporate customers or applicants, and sole proprietors or partners of applicants and other contractual counterparties) (collectively, “data subjects”) to supply the Group with data in connection with various matters including without limitation the opening or continuation of accounts and the establishment or continuation of banking/credit facilities or provision of securities and futures trading, credit card, insurance, tenancy and property management and other banking and financial services.
2. Failure to supply such data may result in the Group being unable to open or continue accounts or establish or continue banking/credit facilities or provision of securities and futures trading, credit card, insurance, tenancy and property management and other banking and financial services.
3. It is also the case that data are collected from data subjects in the ordinary course of the continuation of the Group’s business relationship with such data subjects, including without limitation, when payments are made to data subjects’ accounts, when data subjects instruct the Bank to enter into transactions, when data subjects write cheques, deposit money, repay loans, conduct securities and futures trading, apply for credit cards, request the Bank to provide tenancy and property management services or purchase insurance or other banking and financial products and services.
4. The purposes for which data relating to a data subject may be used will vary depending on the nature of the data subject’s relationship with the Group. Broadly, they may comprise all or any one or more of the following purposes:-
i. the daily management and operation of the services and credit facilities provided by the Group to data subjects;
ii. provision of bankers’ references;
iii. conducting credit checks (including without limitation upon applications for consumer credit and periodic or special reviews of such consumer credit) and, subject to the requirements set out in the Ordinance, carrying out matching procedures (as defined in the Ordinance);
iv. creating and maintaining the Group’s credit or behaviour scoring models;
v. assisting other financial institutions, credit or charge card issuing companies and debt collection agents to conduct credit checks and collect debts;
vi. ensuring ongoing credit worthiness of data subjects;
vii. conducting market, service or product analysis or researching, designing, developing or improving financial services or related products of the Group for data subjects’ use;
viii. marketing the following services or products (in respect of which the Group may or may not be remunerated):
(1) financial, insurance, credit card, banking and related services and products;
(2) reward, loyalty or privileges programmes and related services and products; and
(3) services and products offered by the Group’s co-branding partners (the names of such co-branding partners can be found in the application form(s) for the relevant services and products, as the case may be); and
these services or products may be provided and/or marketed by:
(1) the Group;
(2) third party financial institutions, insurers, credit card companies, securities and investment services providers;
(3) third party reward, loyalty or privileges programme providers; and
(4) co-branding partners of the Group;
ix. determining the amount of indebtedness owed to or by data subjects;
x. the enforcement of data subjects’ obligations, including but without limitation the collection of amounts outstanding from data subjects and those providing security or guarantee for data subjects’ obligations;
xi. meeting the requirements under any applicable law, regulation, or court order binding on the Group or any of its branches to make disclosure to relevant supervisory or regulatory authorities, police or court of law or under and for the purposes of any guidelines issued by regulatory or other authorities with which the Group or any of its branches are expected to comply;
xii. enabling an actual or proposed assignee of the Group (including their legal and commercial advisers), or participant or sub-participant of the Group’s rights in respect of the data subjects (including legal and commercial advisers to such participant or sub-participant) to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
xiii. comparing data of data subjects or other persons for credit checking, data verification or otherwise producing or verifying data, whether or not for the purpose of taking adverse action against the data subjects;
xiv. maintaining a credit history of data subjects (whether or not there exists any relationship between data subjects and the Group) for present and future reference;
xv. exchanging information with merchants accepting credit cards issued by the Group and entities with whom the Group provides affinity/co-branded/private label credit card services (each a “merchant” or an “affinity entity”) (the names of such affinity entities can be found in the application form(s) for the relevant services and products);
xvi. verifying data subjects’ identities with the bank of any merchant in connection with any credit card payment or transaction; and
xvii. purposes relating thereto.

5. Data held by the Group relating to data subjects will be kept confidential but the Group may provide such information to the following parties for the purposes set out in paragraph 4:-
i. any agent, contractor, claim adjuster or third party service provider who provides administrative, management, telecommunications, computer, payment or securities clearing, underwriting, depository, custodian, registration or other services to the Group in connection with the operation of its business;
ii. the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
iii. credit reference agencies; and, in the event of default, to debt collection agencies;
iv. any person to whom the Group is under an obligation to make disclosure under the requirements of any law binding on the Group or any of its branches or under and for the purposes of any guidelines issued by regulatory or other authorities with which the Group or any of its branches are expected to comply, or as required by a competent court, tribunal, police or other government authorities;
v. any actual or proposed assignee of the Group (including their legal and commercial advisers) or participant or sub-participant or transferee of the Group’s rights (including their legal and commercial advisers) in respect of the data subject;
vi. any insurance company or agent, and securities and futures broker, merchant or other business partners of the Group;
vii. any financial institution and charge card or credit card issuing companies with which the data subjects have or propose to have dealings;
viii. any party giving or proposing to give a guarantee or third party security to guarantee or secure the data subjects’ obligations;
ix. Joint Electronic Teller Services Limited (“JETCO”), operators or participants of the JETCO network and other issuers of ATM cards;
x. the bank of any merchant in connection with any credit card payment or transactions for the purpose of verifying the identity of the cardholder;
xi. any Group members;
xii. any third party in connection with paragraph 4(x);
xiii.
(1) third party financial institutions, insurers, credit card companies, securities and investment services providers;
(2) third party reward, loyalty and privileges programme providers;
(3) co-branding partners of the Group (the names of such co-branding partners can be found in the application form(s) for the relevant services and products, as the case may be); and
(4) external service providers (including but not limited to mailing houses, telecommunication companies, telemarketing and direct sales agents, call centres, data processing companies and information technology companies) that the Group engages; and
xiv. any other person under a duty of confidentiality to the Bank including a member of the Group which has undertaken to keep such information confidential.

6. Under and in accordance with the terms of the Ordinance and the Code of Practice on Consumer Credit Data approved and issued under the Ordinance, any data subject has the right:-
i. to check whether the Group holds data about him and of access to such data;
ii. to require the Group to correct any data relating to him which is inaccurate;
iii. to ascertain the Group’s policies and practices in relation to data and to be informed of the kind of personal data held by the Group;
iv. in relation to consumer credit data, to request to be informed which items of data are routinely disclosed to credit reference agencies or debt collection agencies, and be provided with further information to enable the making of a data access and correction request to the relevant credit reference agency or debt collection agency; and
v. in relation to consumer credit data (except where the consumer credit applied for involves a residential mortgage loan) which has been provided by the Group to a credit reference agency, to instruct the Group upon termination of an account by full repayment to make a request to the credit reference agency to delete such data from its database, as long as the instruction is given within 5 years of termination and at no time did the account have a default of payment lasting in excess of 60 days within 5 years immediately before account termination.

7. Where the Group has provided consumer credit to an individual customer and the account is subsequently in default lasting in excess of 60 days, the relevant consumer credit data may be retained by the credit reference agency until the expiry of 5 years from the date of final settlement of the amount in default or 5 years from the date of discharge from a bankruptcy as notified to the Group, whichever is earlier.
8. The Group may have obtained a credit report on the data subject and any of its sureties from a credit reference agency in considering any application for credit. In the event the data subject or any of its sureties wishes to access the credit report or to request to have any personal data of the data subject held by the credit reference agency corrected pursuant to the Ordinance, the Group will advise the contact details of the relevant credit reference agency.
9. The Group may access the database of a credit reference agency for the purpose of credit review from time to time. In particular, the Group may access the consumer credit data of individual customer held by a credit reference agency for the purpose of the review of their existing consumer credit facilities which may involve the consideration by the Group of any of the following matters:
i. an increase in the credit amount;
ii. the curtailing of credit (including the cancellation of credit or a decrease in the credit amount); or
iii. the putting in place or the implementation of a scheme of arrangement with the individual customer.

10. In accordance with the terms of the Ordinance, the Group has the right to charge a reasonable fee for the processing of any data access request.
11. Data of a data subject may be processed, kept and transferred or disclosed in and to any country as the Group or any person who has obtained such data from the Group referred to in paragraph 5 above considers appropriate. Such data may also be released or disclosed in accordance with the local practices and laws, rules and regulations (including any governmental acts and orders) in such country.
12. The person to whom requests for access to data or correction of data or for information regarding policies and practices and kinds of data held are to be addressed is:-
The Data Protection Officer
CMB Wing Lung Bank Ltd
45 Des Voeux Road Central, Hong Kong
Telephone: 2826 2705
Fax: 2537 9872
13. You may, at any time and without charge, choose not to receive our promotional material. Please let us know in writing if you do not wish to receive such material.
14. Nothing in this Notice shall limit the rights of data subjects under the Ordinance.
15.

 In this Notice, the following terms shall have the following meanings:
“Bank” means CMB Wing Lung Bank Ltd.;
“Group” and “CMB Wing Lung Bank Group” mean the Bank, any subsidiary undertaking of the Bank, any related company of the Bank, any associated company of the Bank, any direct and/or indirect parent undertaking of the Bank, any subsidiary undertaking of any such parent undertaking, any of their related companies, any of their associated companies including, for the avoidance of doubt, undertakings within the group of China Merchants Group Ltd (and “Group member” shall be construed accordingly); and
The expressions “subsidiary undertaking”, “parent undertaking” and “undertaking” bear the meanings under the Companies Ordinance (Cap.32).

16. In case of discrepancies between the English and Chinese versions, the English version shall prevail.

April 2011