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[接上页] (b) kept at its offices; and (c) available for sale to any person at a reasonable cost. Cap 565 s 34 Corporation may prosecute in its name Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice relating to the prosecution of criminal offences, the prosecution of an offence under this Ordinance may be brought in the name of the Corporation. Cap 565 s 35 Repeal, etc. PART VII REPEAL, VESTING, TRANSITIONAL AND SAVINGS PROVISIONS AND CONSEQUENTIAL AMENDMENTS (1) The Hong Kong Industrial Estates Corporation Ordinance (Cap 209) and the Hong Kong Industrial Technology Centre Corporation Ordinance (Cap 431) are repealed. (2) HKIEC and HKITCC are dissolved. (3) Any shares issued by HKITCC to the Government under section 14(2) of the Hong Kong Industrial Technology Centre Corporation Ordinance (Cap 431) are cancelled. Cap 565 s 36 Dissolution of PHKSPCL (1) Notwithstanding any provisions in the memorandum and articles of association of PHKSPCL governing the winding up or dissolution of PHKSPCL and notwithstanding the provisions of any other Ordinance, PHKSPCL is deemed to be dissolved under section 291A(1) of the Companies Ordinance (Cap 32) as if, on the appointed day, the Court of First Instance had made an order under that section that PHKSPCL be struck off the register of companies and dissolved and, accordingly, the Registrar of Companies shall, on the appointed day, or so soon after that day as is possible, strike PHKSPCL off the register. (2) For the purposes of subsection (1)- (a) section 291A(2) of the Companies Ordinance (Cap 32) shall not apply; and (b) section 291B of that Ordinance shall apply,to PHKSPCL. Cap 565 s 37 Vesting of rights, obligations, assets and liabilities (1) All rights, obligations, assets and liabilities of HKIEC, HKITCC and PHKSPCL shall be vested in the Corporation as from the appointed day by virtue of this section. (2) The Stamp Duty Ordinance (Cap 117) shall not apply to any vesting effected by this section. (3) The production of a Government Printer's copy, or a document certified by a solicitor to be a true copy of a Government Printer's copy, of this Ordinance shall be conclusive evidence for all purposes of any vesting effected by this section. (4) Without affecting the generality of subsection (3), a certificate given by or on behalf of the Corporation on or after the appointed day that any right, obligation, asset or liability specified in the certificate (being any right, obligation, asset or liability which immediately before the appointed day was that of HKIEC, HKITCC or PHKSPCL) is vested in the Corporation under this section is conclusive evidence for all purposes of the fact so certified. (5) The vesting in the Corporation of any rights, obligations, assets or liabilities under this section does not constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of such rights, obligations, assets or liabilities for the purposes of any instrument concerning or affecting such rights, obligations, assets or liabilities. (6) A provision contained in any deed, contract or other document made by HKIEC, HKITCC or PHKSPCL- (a) prohibiting, having the effect of prohibiting, requiring or having the effect of requiring any consent or approval for, the vesting under this section; or (b) to the effect that a default shall occur or be deemed to occur, or any right or obligation shall cease, as a result of the vesting under this section,is deemed to have been waived. Cap 565 s 38 Interests in land (1) The vesting in the Corporation of an interest in land effected by section 37 does not- (a) operate as a breach of covenant or condition against alienation; (b) give rise to any right of pre-emption, right of forfeiture, right of re-entry, option, damages or other right of action affecting land; (c) invalidate or discharge any contract or security; (d) operate so as to merge any leasehold interest in the reversion expectant on it; (e) extinguish, affect, vary, diminish or postpone any priority of that interest, whether under the Land Registration Ordinance (Cap 128), at law or in equity.(2) The Corporation shall register or cause to be registered in the Land Registry a Government Printer's copy of this Ordinance in respect of the vesting of any interest in land effected by section 37. Cap 565 s 39 Transitional and savings Schedule 3 sets out the transitional and savings provisions applicable from the appointed day. Cap 565 s 40 (Omitted as spent) (Omitted as spent) Cap 565 Sched 1 SPECIFIED PREMISES [sections 2 & 27] 1. Tai Po Industrial Estate Tai Po Town Lot No. 1, No. 13 and extensions thereto, New Territories, Hong Kong 2. Yuen Long Industrial Estate Yuen Long Town Lot No. 313 and extensions thereto, New Territories, Hong Kong 3. Tseung Kwan O Industrial Estate Tseung Kwan O Town Lot No. 39 and extensions thereto, New Territories, Hong Kong |