【法规名称】
【法规编号】 68735 什么是编号？
【正 文】
第11页 CAP 556 MASS TRANSIT RAILWAY ORDINANCE
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[接上页] (2) Accordingly, references (whether express or implied) to MTRC- (a) in any agreement made, transaction effected or other thing done by, to or in relation to MTRC (whether or not in writing); (b) in any process or other document issued, prepared or employed for the purpose of any proceedings before any court or other tribunal or authority; (c) in any other document whatever (other than an enactment) relating to or affecting any property, right or liability of MTRC which vests by virtue of section 37 in the Corporation,shall be taken as from the appointed day as referring to the Corporation. (3) Where immediately before the appointed day there is in force or effective an agreement made, transaction effected or other thing done by, to or in relation to MTRC which refers (in whatever terms and whether expressly or by implication) to a person employed by or engaged in the business of MTRC, that agreement, transaction or other thing shall have effect, in relation to anything falling to be done on or after the appointed day, as if for that reference there were substituted a reference to such person as the Corporation may appoint or, in default of appointment, to the person employed by or engaged in the business of the Corporation who corresponds as nearly as may be to the person employed by or engaged in the business of MTRC in question. (4) For the avoidance of doubt, reference in this Part to any agreement made, transaction effected or other thing done by, to or in relation to MTRC includes reference to- (a) any guarantee, conveyance, deed, lease, licence, notice, permit, document granting or comprising any security, bond, mandate, instruction and other document or instrument entered into by, given to or by or addressed to MTRC; (b) any instruction, order, direction, mandate, power of attorney, authority, undertaking or consent given to or by MTRC, whether alone or jointly with another person and whether in writing or not; (c) any direction, order or notice made under any legislation; (d) any contract to which MTRC was not a party; (e) any entry on any register.(5) Sections 39 to 41 are for the avoidance of doubt and do not affect the generality of this section. <* Note - Exp. X-Ref.: Sections 39, 40, 41 *> Cap 556 s 39 Security (1) Any security held immediately before the appointed day by MTRC, or by a person as nominee of, agent of or trustee for MTRC, shall be held by the Corporation, or by that person as nominee of, agent of or trustee for the Corporation (as the case may require), and shall be available to the Corporation (whether for its own benefit or for the benefit of any other person, as the case may be). (2) In relation to any security vested in the Corporation by virtue of this Part and any liabilities secured by the security, the Corporation shall be entitled to the rights and priorities, and shall be subject to the obligations and incidents, which MTRC would have been entitled to and subject to if it had continued to hold the security. (3) In this section, "security" (抵押) means any interest, legal or equitable, by means of which the payment or discharge of a debt or liability (whether present or future, actual or contingent) is secured, whether or not that interest is evidenced in writing. Cap 556 s 40 Miscellaneous supplementary provisions (1) The Corporation and all other persons have the same rights, powers and remedies for ascertaining, perfecting or enforcing any right or liability vested in the Corporation by virtue of this Part as they would have had if that right or liability had at all times been a right or liability of the Corporation; and in this subsection reference to rights and powers includes in particular a reference to rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority. (2) Any legal proceedings or applications to any authority pending or commenced by or against MTRC shall be continued by or against the Corporation to the exclusion of MTRC. (3) Any judgment or award obtained by or against MTRC and not fully satisfied before the appointed day is enforceable by or against the Corporation to the extent that it was enforceable by or against MTRC immediately before that date. (4) The functions of MTRC under any Ordinance as in force immediately before the appointed day which- (a) relates to any part of the business of MTRC; or (b) authorizes the carrying out of works designed to be used in connection with any part of the business of MTRC or the acquisition of land for the purpose of carrying out any such works,become the functions of the Corporation for the purposes of that Ordinance. Cap 556 s 41 Employment-related matters (1) The effect of section 37 in relation to any contract of employment with MTRC in force immediately before the appointed day is merely to modify that contract (as from that day) by substituting the Corporation for MTRC and, accordingly, employment with MTRC and the Corporation under a contract of employment to which that section applies is deemed for all purposes to be a single continuing employment. |
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