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To provide for the deemed transfer to and vesting in The Christian and Missionary Alliance, a Colorado corporation, of all immovable property in Hong Kong of The Christian and Missionary Alliance, a New York corporation; and for other related purposes. (Enacted 1994) [5 May 1992] (Originally 95 of 1994) Cap 1155 Preamble WHEREAS- (a) The Christian and Missionary Alliance was prior to the merger hereinafter mentioned a non-profit making religious corporation organized under the Laws of the State of New York having its national office in New York, the United States of America (hereinafter called "CMA, New York"); (b) in accordance with the relevant provisions in Colorado Revised Statutes, Laws of the State of Colorado and effective from 5 May 1992, CMA, New York was merged with a newly formed Colorado corporation, The Christian and Missionary Alliance of Colorado (Colorado Non-profit Corporation) with the latter as the survivor after the merger; (c) simultaneously with the said merger the name of The Christian and Missionary Alliance of Colorado (Colorado Non-profit Corporation) was changed to The Christian and Missionary Alliance (hereinafter called "CMA, Colorado"); (d) prior to the said merger, CMA, New York was the registered owner of certain immovable property in Hong Kong, whether as sole owner or as co-owner with others; or otherwise had a beneficial interest in the same or holding the same in a fiduciary capacity; (e) it is expedient to deem the transfer to and vesting in CMA, Colorado of all immovable property in Hong Kong of CMA, New York.NOW THEREFORE BE IT ENACTED by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows- (Enacted 1994) Cap 1155 s 1 Short title and commencement (1) This Ordinance may be cited as The Christian and Missionary Alliance (Transfer of Hong Kong Immovable Property) Ordinance. (2) This Ordinance shall have retrospective effect and shall be deemed to have come into operation and become effective for all purposes on 5 May 1992. (Enacted 1994) Cap 1155 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "CMA, Colorado" (科罗拉多宣道会) means The Christian and Missionary Alliance, a non-profit corporation organized and existing under the Laws of the State of Colorado in the United States of America with its national office in Colorado; "CMA, New York" (纽约宣道会) means The Christian and Missionary Alliance, a non-profit corporation previously organized and existed under the Laws of the State of New York in the United States of America; "effective day" (生效日期) means 5 May 1992; "immovable property" (不动产) means land in Hong Kong whether covered by water or not, any estate, right, interest or easement in or over such land (whether legal or equitable, present or future, actual or contingent), the whole or part of an undivided share in land and things attached to such land or permanently fastened to anything attached to such land and all liabilities, if any, pertaining thereto. (2) Any reference in this Ordinance to the immovable property of CMA, New York is a reference to the immovable property situated in Hong Kong to which CMA, New York was immediately prior to the said merger entitled (whether beneficially or in any fiduciary capacity) wherever in Hong Kong such immovable property is situated. (3) Any body politic or corporate and any other person or persons whose rights are affected by any of the provisions of this Ordinance shall be deemed to be mentioned herein. (Enacted 1994) Cap 1155 s 3 Recognition of transfer to and vesting in CMA, Colorado of immovable property of CMA, New York On the effective day, the immovable property of CMA, New York shall be deemed for the purpose of Hong Kong law to have been transferred to, and vested in, CMA, Colorado to the intent and effect that CMA, Colorado shall succeed to the immovable property of CMA, New York as if in all respects CMA, Colorado were the same person in law as CMA, New York. (Enacted 1994) Cap 1155 s 4 Trust property and wills Without prejudice to the generality of section 3- (a) any immovable property deemed to have been transferred to and vested in CMA, Colorado by virtue of this Ordinance which immediately before the effective day was held by CMA, New York, whether alone or jointly as co-owner with any other person or persons, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the effective day, be held by CMA, Colorado alone or, as the case may be, jointly as co-owner with such other person or persons, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively; |