【法规名称】
【法规编号】 43786 什么是编号？
【正 文】
第2页 CAP 1143 THE SPIRITUAL ASSEMBLY OF THE BAHA'IS OF HONG KONG INCORPORATION ORDINANCE
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[接上页] (b) all moneys and liquidated and unliquidated claims that, immediately before that commencement, were payable to or recoverable by the company shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Assembly; (c) all proceedings commenced before that commencement by the company and pending immediately before that commencement shall be deemed to be proceedings pending by the Assembly and all proceedings so commenced by any person against the company and pending immediately before the commencement shall be deemed to be proceedings pending by that person against the Assembly; (d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the company and in force immediately before that commencement shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Assembly; (e) the Assembly may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this section and for the prosecution of actions and proceedings so referred to as the company might have done but for this Ordinance; (f) the Assembly may enforce and realize any security or charge existing immediately before that commencement in favour of the company and may exercise any powers thereby conferred on the company as if the security or charge were a security or charge in favour of the Assembly; and (g) all debts, money and claims, liquidated and unliquidated, that, immediately before the commencement, were due or payable by, or recoverable against, the company shall be debts due by, money payable by and claims recoverable against, the Assembly.(2) No stamp duty shall be payable in respect of any vesting under this section of movable or immovable property. (Enacted 1988) Cap 1143 s 9 Saving of employees of the company Any person who was, immediately before the commencement of this Ordinance, an employee of the company shall, on and from that commencement, be an employee of the Assembly on the same terms and conditions as he was an employee of the company immediately before that commencement. (Enacted 1988) Cap 1143 s 10 References in documents to the company (1) On and from the commencement of this Ordinance, a reference in any document to the company or an employee of the company shall be a reference to- (a) in the case of the company, the Assembly; and (b) in the case of an employee of the company, an employee of the Assembly.(2) For the purposes of this section "document" (文件) does not include any document which relates to the incorporation of the company. (Enacted 1988) Cap 1143 s 11 Dissolution of the company Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 (1) On the commencement of this Ordinance, the company shall, notwithstanding any provisions to the contrary in its constitution governing the winding up or dissolution of the company and notwithstanding the provisions of any other Ordinance, be deemed to be dissolved under section 291A(1) of the Companies Ordinance (Cap 32) as if, on that commencement, the Court of First Instance had made an order under that section that the company be struck off the register and dissolved and, accordingly, the Registrar of Companies shall, on that commencement, or so soon thereafter as is possible, strike the company off the register. (Amended 4 of 2000 s. 3) (2) For the avoidance of doubt, it is hereby declared that- (a) section 291A (2) of the Companies Ordinance (Cap 32) shall not apply; and (b) section 291B of the Companies Ordinance (Cap 32) shall apply, to the company. (Enacted 1988) Cap 1143 s 12 Service of documents on the Assembly The Assembly shall at all times have a fixed address for service of documents on the Assembly and notice of such address or any change thereof shall be forwarded to the Registrar of Companies. (Enacted 1988) Cap 1143 s 13 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 or referred to in this Ordinance and those claiming by, through, from or under them. (Enacted 1988. Amended 4 of 2000 s. 3) Cap 1143 Sched 1 CONSTITUTION Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 [sections 2 & 6] 1. Interpretation In this constitution, unless the context otherwise requires- "Assembly" (总会) means the Spiritual Assembly for the time being elected by the members of the Baha'i community of Hong Kong in accordance with the constitution; "authorized area" (获授权地区) means a locality the boundaries of which have been or from time to time may be defined or redefined by the Assembly; |
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