|
[接上页] 5. Validity of proceedings The validity of any proceedings of the Board shall not be affected by- (a) any defect in the appointment of a member of the Board; (b) the absence of any member from the meeting at which such proceedings occurred; (c) a vacancy among members of the Board. Cap 565 Sched 3 TRANSITIONAL AND SAVINGS [section 39] 1. Continuance of employment (1) Subject to subsection (3)- (a) a person who, immediately before the appointed day was employed by HKIEC, HKITCC or PHKSPCL, continues to be employed by the Corporation on the same terms and conditions, including the remuneration payable, as applied to that person immediately before that day; and (b) there is no break or interruption in the employment of such person only because of the commencement of Part VII of this Ordinance.(2) The employment of a person referred to in subsection (1) may be terminated, or the terms and conditions of such employment varied, after the appointed day by the Corporation in the same manner and to the same extent as immediately before that day. (3) Notwithstanding section 14 of this Ordinance, the person who held the offices of the Chief Executive of HKIEC, the Chief Executive Officer of HKITCC and the Chief Executive Officer of PHKSPCL immediately before the appointed day becomes the Chief Executive Officer of the Corporation as if he were appointed under that section, and holds such office until the Board makes the appointment under that section. (4) The person referred to in subsection (3) is employed by the Corporation on the same terms and conditions, including the remuneration payable, as applied to that person immediately before that day. 2. Unexpired term of office The term of office of the chairman or any other member of- (a) the Board of HKIEC; (b) a committee appointed by HKIEC; (c) the board of directors of HKITCC; (d) a committee established by the board of directors of HKITCC; (e) the board of directors of PHKSPCL; (f) a committee appointed by PHKSPCL,which is current immediately before the appointed day shall expire on that day. 3. Completion of acts already commenced Anything which immediately before the appointed day is being done by, on behalf of or in relation to HKIEC, HKITCC or PHKSPCL may be carried on or completed by, on behalf of or in relation to the Corporation (as the case may be). 4. Right of action (1) The Corporation may be sued for the obligations or liabilities to which it is subject under section 37 of this Ordinance and they may be recovered from the Corporation. (2) The Corporation may sue on, recover or enforce a chose in action vested in it under section 37 of this Ordinance without having to give notice of the vesting to a person bound by the chose in action. 5. Continuance of pending legal proceedings Where, immediately before the appointed day, any legal proceedings to which HKIEC, HKITCC or PHKSPCL is a party are pending, the name of the Corporation shall be substituted for that of HKIEC, HKITCC or PHKSPCL (as the case may be) and the proceedings shall not abate by reason only of such substitution. 6. Evidence: books and documents (1) Books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against HKIEC, HKITCC or PHKSPCL are admissible in evidence in respect of the same matter for or against the Corporation (as the case may be). (2) In this section "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap 8). 7. Effect of existing agreements, etc. Any agreement, arrangement or contract made or entered into or transaction effected or other thing done by, to or in relation to HKIEC, HKITCC or PHKSPCL which is in force or effective immediately before the appointed day or which is to take effect on or after that day shall have effect as from that day as if made, entered into, effected or done by, to or in relation to the Corporation (as the case may be). 8. References to bodies dissolved References to HKIEC, HKITCC or PHKSPCL- (a) in any agreement, arrangement or contract or in any deed, bond or 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 whatever (other than an enactment) relating to or affecting any right, obligation, asset or liability of HKIEC, HKITCC or PHKSPCL which vests in the Corporation under section 37 of this Ordinance,shall be taken as from the appointed day as referring to the Corporation. 9. Record of property The record of property of HKIEC, HKITCC or PHKSPCL immediately before the appointed day that is in the form of an entry in the books of a bank, company or other corporation is to be transferred in those books to the Corporation on the request of the Corporation, by the bank, company or other corporation. 10. Delivery of books, etc. All books, papers, minutes, receipts, accounts or other document relating to HKIEC, HKITCC or PHKSPCL that were under the care and custody of HKIEC, HKITCC or PHKSPCL immediately before the appointed day shall be delivered to the Corporation on that day by the person who has the care and custody of those documents on the commencement of that day. Cap 565 Sched 4 (Omitted as spent) (Omitted as spent) |