【法规名称】
【法规编号】 41985 什么是编号？
【正 文】
第5页 CAP 1085 EDUCATION SCHOLARSHIPS FUND ORDINANCE
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[接上页] Cap 1085 s 21 Cost of administration Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 The cost of administering the fund shall be paid out of the general revenue. (Amended 55 of 2000 s. 3) Cap 1085 s 22 Saving Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 Nothing in this Ordinance shall effect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Amended 55 of 2000 s. 3) Cap 1085 s 23 Saving and transitional provisions relating to the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (1) In this section and section 24- "Amended Ordinance" (经修订条例) means this Ordinance as amended by the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003); "date of commencement" (生效日期) means the date of commencement* of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003). (2) A reference in section 24 to property, rights and liabilities of the corporation sole known as the "Director of Education" is a reference to- (a) property and assets of every description (whether tangible or intangible) and rights and liabilities of every description (whether present or future, actual or contingent); (b) property wherever situated or rights and liabilities under the law of any place.(3) The corporation sole known as the "Permanent Secretary for Education and Manpower" constituted by section 3(3) of the Amended Ordinance is deemed to be a continuation of and the same legal entity as the corporation sole known as the "Director of Education" constituted by section 3(3) of this Ordinance before the date of commencement. (4) The enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) does not affect the legality and validity of anything done by the corporation sole known as the "Director of Education" before the date of commencement. (Added 3 of 2003 s. 33)________________________________________________________________________ Note: * Commencement date: 28 February 2003. Cap 1085 s 24 Provisions incidental and supplemental to section 23 (1) The provisions in this section are for the avoidance of doubt and apply without limiting the generality of section 23 and to the extent that they are appropriate in the circumstances and consistent with this Ordinance. (2) As from the date of commencement, all property, rights and liabilities to which the corporation sole known as the "Director of Education" was entitled or subject immediately before that date are deemed to be vested, without any actual transfer or conveyance, in the corporation sole known as the "Permanent Secretary for Education and Manpower". (3) A reference to the corporation sole known as the "Director of Education"- (a) in any agreement, arrangement or contract or in any deed, bond or any other instrument; (b) in any process or other document issued, prepared or employed for the purpose of any proceeding before a court, tribunal or similar body; and (c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of the corporation sole known as the "Director of Education" which vests in the corporation sole known as the "Permanent Secretary for Education and Manpower" by virtue of subsection (2),shall be taken as from the date of commencement as referring to the corporation sole known as the "Permanent Secretary for Education and Manpower". (4) The record of property of the corporation sole known as the "Director of Education" immediately before the date of commencement that is in the form of any entry in the books of a bank, company or other corporation is to be transferred in those books to the corporation sole known as the "Permanent Secretary for Education and Manpower" on the request of the corporation sole known as the "Permanent Secretary for Education and Manpower" by the bank, company or other corporation. (5) The corporation sole known as the "Permanent Secretary for Education and Manpower" may sue on, recover or enforce any property or right vested in it under subsection (2) and may be sued for any liabilities to which it is subject under that subsection. (6) The corporation sole known as the "Permanent Secretary for Education and Manpower" may sue on, recover or enforce a chose in action vested in it under subsection (2) without having to give a notice of transfer to the person bound by the chose in action. (7) Any claim by or against the corporation sole known as the "Director of Education" in any judicial or administrative proceedings that is subsisting immediately before the date of commencement does not abate by reason of the enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) and may be continued or enforced by or against the corporation sole known as the "Permanent Secretary for Education and Manpower". |
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