【法规名称】
【法规编号】 82267 什么是编号？
【正 文】
第7页 CAP 1174 STANDARD CHARTERED BANK (HONG KONG) LIMITED (MERGER) ORDINANCE
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[接上页] (A) the terms of such security interest expressly provide otherwise; (B) Standard Chartered Bank (Hong Kong) obtains the written consent of the person or persons who granted such security interest; or (C) such security interest arises at general law.(h) (i) Where by virtue of this Ordinance any right or liability of a transferring entity or Standard Chartered where it holds any right or liability on behalf of a transferring entity becomes or is deemed to become a right or liability of Standard Chartered Bank (Hong Kong), Standard Chartered Bank (Hong Kong) and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Standard Chartered Bank (Hong Kong); and any legal proceedings or application to any authority existing or pending immediately prior to the appointed day by or against a transferring entity or, as the case may be, Standard Chartered may be continued by or against Standard Chartered Bank (Hong Kong). (ii) Where any right or liability of a transferring entity or Standard Chartered where it holds any right or liability on behalf of a transferring entity was prior to the appointed day the subject of arbitral or legal proceedings to which the transferring entity or Standard Chartered on behalf of such transferring entity was a party, Standard Chartered Bank (Hong Kong) shall on and from the appointed day automatically be substituted for such transferring entity or, as the case may be, Standard Chartered as a party to those proceedings, without the need for consent from any other party or from the arbitrator.(i) Any judgment or award obtained by or against a transferring entity or Standard Chartered where it has obtained a judgment or award or had a judgment or award held against it on behalf of a transferring entity and not fully satisfied prior to the appointed day shall on that day, to the extent to which it is enforceable by or against such transferring entity or Standard Chartered on behalf of such transferring entity, become enforceable by or against Standard Chartered Bank (Hong Kong). (j) Any court order which applies to a transferring entity or to Standard Chartered on behalf of a transferring entity shall on and from the appointed day apply to Standard Chartered Bank (Hong Kong) instead of to such transferring entity or, as the case may be, Standard Chartered. (k) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by a transferring entity, whether alone or with others, prior to the appointed day. (l) The Privacy Commissioner may, on and from the appointed day, exercise in respect of Standard Chartered Bank (Hong Kong) any power under the Personal Data (Privacy) Ordinance (Cap 486) which he could have immediately prior to the appointed day exercised in respect of a transferring entity in respect of a breach or alleged breach by a transferring entity of that Ordinance or the data protection principles; but the transfer to, and vesting in, Standard Chartered Bank (Hong Kong) by this Ordinance of the undertakings of the transferring entities and any disclosure to Standard Chartered Bank (Hong Kong) of any information in contemplation or as a result thereof shall not amount to a breach of any duty of confidentiality to which a transferring entity is subject immediately prior to the appointed day or to a contravention by Standard Chartered Bank (Hong Kong) or a transferring entity of the Personal Data (Privacy) Ordinance (Cap 486) or the data protection principles. Cap 1174 s 9 Accounting treatment of Standard Chartered Bank (Hong Kong) and the transferring entities (1) On and from the appointed day, by virtue of this Ordinance and notwithstanding the provisions of any other Ordinance— (a) the undertaking of Standard Chartered, Hong Kong Branch shall be transferred to Standard Chartered Bank (Hong Kong) at its carrying value in the accounts of Standard Chartered, Hong Kong Branch as stated in them immediately prior to the appointed day; (b) the undertaking of Manhattan Card Company shall be transferred to Standard Chartered Bank (Hong Kong) at its carrying value in the accounts of Manhattan Card Company as stated in them immediately prior to the appointed day; (c) the undertaking of Standard Chartered Finance shall be transferred to Standard Chartered Bank (Hong Kong) at its carrying value in the accounts of Standard Chartered Finance as stated in them immediately prior to the appointed day; (d) the undertaking of Standard Chartered International shall be transferred to Standard Chartered Bank (Hong Kong) at its carrying value in the accounts of Standard Chartered International as stated in them immediately prior to the appointed day; |
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