【法规名称】
【法规编号】 44219 什么是编号？
【正 文】
第2页 CAP 1098 PERMANENT SECRETARY FOR EDUCATION AND MANPOWER INCORPORATION ORDINANCE
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[接上页] (Added 21 of 1989 s. 2) Cap 1098 s 9 Saving and transitional provisions relating to the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (1) In this section and section 10- "Amended Ordinance" (经修订条例) means this Ordinance as amended by the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003); "date of commencement" (生效日期) means the date of commencement* of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003). (2) A reference in section 10 to property, rights and liabilities of the corporation sole known as the "Director of Education Incorporated" is a reference to- (a) property and assets of every description (whether tangible or intangible) and rights and liabilities of every description (whether present or future, actual or contingent); (b) property wherever situated or rights and liabilities under the law of any place.(3) The corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated" constituted by section 2 of the Amended Ordinance is deemed to be a continuation of and the same legal entity as the corporation sole known as the "Director of Education Incorporated" constituted by section 2 of this Ordinance before the date of commencement. (4) The enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) does not affect the legality and validity of anything done by the corporation sole known as the "Director of Education Incorporated" before the date of commencement. (Added 3 of 2003 s. 39)________________________________________________________________________ Note: * Commencement date: 28 February 2003. Cap 1098 s 10 Provisions incidental and supplemental to section 9 (1) The provisions in this section are for the avoidance of doubt and apply without limiting the generality of section 9 and to the extent that they are appropriate in the circumstances and consistent with this Ordinance. (2) As from the date of commencement, all property, rights and liabilities to which the corporation sole known as the "Director of Education Incorporated" was entitled or subject immediately before that date are deemed to be vested, without any actual transfer or conveyance, in the corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated". (3) A reference to the corporation sole known as the "Director of Education Incorporated"- (a) in any agreement, arrangement or contract or in any deed, bond or any other 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 whatsoever (other than an enactment) relating to or affecting any property, right or liability of the corporation sole known as the "Director of Education Incorporated" which vests in the corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated" by virtue of subsection (2),shall be taken as from the date of commencement as referring to the corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated". (4) The record of property of the corporation sole known as the "Director of Education Incorporated" immediately before the date of commencement that is in the form of any entry in the books of a bank, company or other corporation is to be transferred in those books to the corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated" on the request of the corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated" by the bank, company or other corporation. (5) Where the corporation sole known as the "Director of Education Incorporated" is the trustee of any trust, the corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated" shall effective on the date of commencement continue as trustee of that trust in substitution of the corporation sole known as the "Director of Education Incorporated". (6) The corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated" may sue on, recover or enforce any property or right vested in it under subsection (2) and may be sued for any liabilities to which it is subject under that subsection. (7) The corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated" may sue on, recover or enforce a chose in action vested in it under subsection (2) without having to give a notice of transfer to the person bound by the chose in action. (8) Any claim by or against the corporation sole known as the "Director of Education Incorporated" in any judicial or administrative proceedings that is subsisting immediately before the date of commencement does not abate by reason of the enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) and may be continued or enforced by or against the corporation sole known as the "Permanent Secretary for Education and Manpower Incorporated". |
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