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[接上页] Cap 1135 s 26 Unauthorized use of title of Academy (1) No person shall incorporate or form, or be a director, office bearer or organizer of, work in connection with, or be a member of, any company, body corporate, firm or organization which, without the written authority of the Academy- (a) purports or holds itself out to be- (i) the Academy or any branch or part thereof; or (ii) connected or associated with the Academy in any manner whatsoever; or(b) uses the title "The Hong Kong Academy for Performing Arts" or "香港演艺学院" or a title in any language which so closely resembles the title "The Hong Kong Academy for Performing Arts" or "香港演艺学院" as to be capable of deceiving or misleading any person into believing that the company, body corporate, firm or organization is- (i) the Academy or any branch or part thereof; or (ii) connected or associated with the Academy in any manner whatsoever.(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $10000. Cap 1135 s 27 Transfer of rights and liabilities, and other transitional provisions (1) All property, whether movable or immovable, rights, obligations and liabilities of the Provisional Council immediately before the commencement of this Ordinance are as from such commencement the property, rights, obligations and liabilities of the Academy and the Academy shall have all necessary powers to enjoy that property, enforce those rights and discharge those obligations and liabilities. (2) Without limiting the generality of subsection (1), every agreement, whether in writing or not, to which the Provisional Council was a party immediately before the commencement of this Ordinance and whether or not such agreement is of such a nature that the rights and liabilities thereunder could be assigned, shall have effect from such commencement as if- (a) the Academy had been party to such agreement in lieu of the Provisional Council; and (b) for any reference, however worded and whether expressed or implied, to the Provisional Council there were substituted in respect of anything to be done or omitted on or after the commencement of this Ordinance a reference to the Academy.(3) Where necessary for the purpose of giving effect to subsection (1), subsection (2)(b) shall also apply to any document, not being an agreement, having references therein to the Provisional Council. (4) The appointment of any employee of the Provisional Council subsisting immediately before the commencement of this Ordinance shall be deemed to be made by the Academy under this Ordinance and for the purpose of determining the right to pension, gratuity or other benefits of such employee on the cessation of his service, there shall be no break in the continuity thereof by reason only of this section. (5) Where anything has been commenced by or under the authority of the Provisional Council before the commencement of this Ordinance such thing may be carried on and completed by or under the authority of the Academy. (6) In this section "Provisional Council" (临时校董会) means the Provisional Council for The Hong Kong Academy for Performing Arts appointed by the Governor before the commencement of this Ordinance. |