【法规名称】
【法规编号】 42129 什么是编号？
【正 文】
第2页 CAP 1155 THE CHRISTIAN AND MISSIONARY ALLIANCE (TRANSFER OF HONG KONG IMMOVABLE PROPERTY) ORDINANCE
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[接上页] (b) any existing instrument or order of any court under or by virtue of which any immovable property became vested in CMA, New York in any such fiduciary capacity as is referred to in paragraph (a) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, CMA, New York of remuneration for its services in any such fiduciary capacity, shall, on and from the effective day, be construed and have effect, so far as the context permits, as if for any reference therein to CMA, New York there were substituted a reference to CMA, Colorado; and (c) no testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. (Enacted 1994) Cap 1155 s 5 Supplementary provisions Without prejudice to the generality of the foregoing provisions but subject to any provision of this Ordinance to the contrary effect, every contract or instrument relating to any of the immovable property to which CMA, New York is a party (whether in writing or not) shall have effect on and from the effective day as if- (a) CMA, Colorado had been a party thereto instead of CMA, New York; (b) for any reference (however worded and whether express or implied) to CMA, New York there were substituted, as respects anything done or to be done on or after the effective day, a reference to CMA, Colorado; and; (c) any reference (however worded and whether express or implied) to the president or to any president, director, secretary, lawful attorney, officer or employee of CMA, New York was, as respects anything done or to be done on or after the effective day, a reference to the president of CMA, Colorado or, as the case may require, to such president, director, secretary, lawful attorney, officer or employee of CMA, Colorado as CMA, Colorado may appoint for that purpose or, in default of appointment, to the president, director, secretary, lawful attorney, officer or employee of CMA, Colorado who corresponds as nearly as may be to the first-mentioned president, director, secretary, lawful attorney, officer or employee. (Enacted 1994) Cap 1155 s 6 Evidence: title deeds and documents (1) All title deeds and other documents which would, before the effective day, have been evidence in respect of the immovable property or any part thereof for or against CMA, New York shall be admissible in evidence in respect of the same matter for or against CMA, Colorado. (2) In this section "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap 8). (Amended 2 of 1999 s. 6) (Enacted 1994) Cap 1155 s 7 Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting of any of the immovable property of CMA, New York in CMA, Colorado in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) any document made or executed on or after the effective day, whereby CMA, Colorado or CMA, New York, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the owner of, any of the immovable property held by CMA, New York immediately before the effective day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of CMA, New York in that property is deemed to be vested in CMA, Colorado under this Ordinance; (b) where there is any other transaction or purported transaction by CMA, Colorado or CMA, New York on or after the effective day in connection with, or in relation to any of the immovable property held by CMA, New York immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that CMA, Colorado has full power and authority for that transaction as if the relevant property or properties in question were deemed to be vested in it under this Ordinance; and (c) in this section "convey" (转易) includes assign, mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. (Enacted 1994) Cap 1155 s 8 Interests in land The deemed vesting in CMA, Colorado of an interest in immovable property by virtue of this Ordinance shall not- (a) constitute a purchase conveyance or creation of that interest for the purposes of section 4(1) or 27(1) of the Stamp Duty Ordinance (Cap 117); or (Amended 16 of 2004 s. 16) (b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. (Enacted 1994) Cap 1155 s 9 Saving Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 Nothing in this Ordinance shall affect 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. (Enacted 1994. Amended 4 of 2000 s. 3) |
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