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[接上页] (4) In subsection (2)— (a) "convey" (转易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure; and (b) "registered securities" (注册证券) means shares, stocks, debentures, loans, bonds, units of a unit trust scheme or other shares of the investments subject to the trusts of such a scheme, and other securities of any description which are transferable and the holders of which are entered in a register (whether maintained in Hong Kong or elsewhere).(5) Nothing in this section applies to any property and liabilities falling within section 5(2). Cap 1174 s 17 Interests in land (1) The vesting or deemed vesting in Standard Chartered Bank (Hong Kong) of an interest in land by virtue of this Ordinance shall not— (a) constitute an acquisition, disposal, assignment, transfer or parting with possession of that interest for the purposes of section 53(4)(a) or (7)(a) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (Amended 16 of 2004 s. 16) (b) constitute an assignment or underlease of, or an agreement to assign or underlet, that interest for the purposes of section 6(1)(b) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (c) operate so as to merge any leasehold interest in the reversion expectant on it; or (d) 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 or affecting that interest; or (e) operate as a breach of covenant or condition against alienation; or (f) give rise to any forfeiture, damages or other right of action; or (g) invalidate or discharge any contract or security interest; or (h) extinguish, affect, vary, diminish or postpone any priority of that interest, whether under the Land Registration Ordinance (Cap 128), at law or in equity.(2) All existing registrations of any instruments relating to land or interests in land in the name of a transferring entity (whether alone or with any other person) immediately prior to the appointed day shall be construed and have effect on and from the appointed day as if the name "Standard Chartered Bank (Hong Kong) Limited 渣打银行(香港)有限公司" had been entered on the land register instead of the name of such transferring entity. (3) To enable Standard Chartered Bank (Hong Kong) to complete title, if thought fit, to any property transferred to it and vested or deemed to be vested in it by virtue of this Ordinance by notice of title, deed, instrument or otherwise, or to deduce title, this Ordinance shall be deemed to be an assignment, conveyance, transfer or, as the case may be, an instrument of a general disposition of such property in favour of Standard Chartered Bank (Hong Kong) and the production of a Government Printer's copy of this Ordinance shall be conclusive evidence of this Ordinance for the purpose of proving or deducing title in favour of Standard Chartered Bank (Hong Kong). (4) For the purpose of enabling the public to be informed of this Ordinance through the public records at the Land Registry in relation to the properties or interests in land affected by this Ordinance, Standard Chartered Bank (Hong Kong) shall register or cause to be registered in the Land Registry a Government Printer's copy of this Ordinance against a property transferred to it and vested or deemed to be vested in it by virtue of this Ordinance in respect of the vesting of all the properties of the transferring entities or Standard Chartered, in the case of some properties, held on behalf of or which form part of the undertaking of Standard Chartered, Hong Kong Branch transferred to and vested or deemed to be vested in Standard Chartered Bank (Hong Kong) by virtue of this Ordinance. (5) For the avoidance of doubt, nothing in this section shall exempt Standard Chartered Bank (Hong Kong) and the transferring entities from the provisions of the Stamp Duty Ordinance (Cap 117). Cap 1174 s 18 Saving for other enactments Nothing in this Ordinance shall exempt Standard Chartered Bank (Hong Kong) or a transferring entity or any subsidiary of Standard Chartered Bank (Hong Kong) or a transferring entity from the provisions of any enactment regulating the carrying on of the business of any of them. Cap 1174 s 19 Saving for companies Nothing in this Ordinance shall prejudice the powers of Standard Chartered Bank (Hong Kong) to alter its memorandum and articles of association or to dispose of, or deal with, its property, security interests or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of any member of the Standard Chartered Group to alter its memorandum and articles of association or to dispose of, or deal with, its property, security interests or liabilities prior to the appointed day. Cap 1174 s 20 Saving 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 person except such as are mentioned in this Ordinance and those claiming by, from or under them. |