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[接上页] (d) any bank notes issued by Standard Chartered Bank (Hong Kong) pursuant to paragraph (c) shall be deemed to be legal tender notes issued by Standard Chartered Bank (Hong Kong) who shall on and from the appointed day be liable to pay the bearer of any legal tender notes so issued on demand at its office in Hong Kong; (e) Standard Chartered Bank (Hong Kong) shall, subject to any terms and conditions specified by the Financial Secretary in accordance with section 3(2) of the Legal Tender Notes Issue Ordinance (Cap 65), have the power to destroy any legal tender notes issued or deemed to be issued by Standard Chartered Bank (Hong Kong) under this section; and (f) on and from the appointed day, all certificates of indebtedness issued to Standard Chartered under section 4 of the Exchange Fund Ordinance (Cap 66) and all indebtedness owed to Standard Chartered under those certificates of indebtedness shall by virtue of this Ordinance and without further act or deed be transferred to, and vest in, Standard Chartered Bank (Hong Kong) to the intent that Standard Chartered Bank (Hong Kong) shall succeed to such certificates of indebtedness and all indebtedness owed under them as if in all respects Standard Chartered Bank (Hong Kong) were the same person in law as Standard Chartered. Cap 1174 s 8 Supplementary provisions Without prejudice to the generality of any other provision of this Ordinance but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect other than in relation to the excluded property and liabilities— (a) All existing contracts, agreements, insurance policies, options, novations, certificates, awards, land grants, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security interest, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to a transferring entity or (in so far as they are) entered into by, made with, given to or by or addressed to Standard Chartered (and in any such case where the rights, liabilities or any chose in action under or established by such instruments forms part of any undertaking) (whether alone or with any other person and whether as principal or agent and whether in writing or not), shall be construed and have effect on and from the appointed day as if— (i) Standard Chartered Bank (Hong Kong) had been a party thereto instead of such transferring entity or, as the case may be, Standard Chartered; (ii) for any reference (however worded and whether express or implied) to such transferring entity or, as the case may be, Standard Chartered there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Standard Chartered Bank (Hong Kong); and (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of such transferring entity or, as the case may be, Standard Chartered were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Standard Chartered Bank (Hong Kong) or, as the case may require, to such director, officer or employee of Standard Chartered Bank (Hong Kong) as Standard Chartered Bank (Hong Kong) may appoint for that purpose or, in default of appointment, to the director, officer or employee of Standard Chartered Bank (Hong Kong) who corresponds as nearly as may be to the first-mentioned director, officer or employee: Provided that this paragraph shall not apply to the merger agreement or any agreement expressed to be made pursuant or supplemental thereto.(b) Paragraph (a)(ii) shall, subject to the provisions of section 18, apply to any statutory provision, to any provision of any existing contract to which a transferring entity or, as the case may be, Standard Chartered was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies. (c) Any account between a transferring entity and a customer shall, on the appointed day, be transferred to Standard Chartered Bank (Hong Kong) and become an account between Standard Chartered Bank (Hong Kong) and such customer subject to the same conditions and incidents including, without limitation, any account number as theretofore; and each such account shall be deemed for all purposes to be a single continuing account; and any existing contracts, agreements, insurance policies, options, novations, certificates, awards, land grants, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security interest, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to a transferring entity (whether alone or with any other person and whether as principal or agent and whether in writing or not), shall be construed and have effect on and from the appointed day as if any reference (however worded and whether express or implied) to such account between a transferring entity and a customer there were substituted, as respects anything falling to be done on or after the appointed day, and so far as the context permits, a reference to the continuing account between Standard Chartered Bank (Hong Kong) and such customer: |