【法规名称】
【法规编号】 82267 什么是编号？
【正 文】
第9页 CAP 1174 STANDARD CHARTERED BANK (HONG KONG) LIMITED (MERGER) ORDINANCE
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[接上页] (2) Any provision contained in any contract or other document or other agreement to the effect that a breach of contract or a default shall occur or be deemed to occur as a result of the transfer and vesting or deemed transfer and vesting of any of the undertakings of the transferring entities in Standard Chartered Bank (Hong Kong), and to which a transferring entity or Standard Chartered Bank (Hong Kong) or any of their respective subsidiaries is a party or to which Standard Chartered is a party but the rights, liabilities or any chose in action under or established by such contract or other document or other agreement forms part of the undertaking of a transferring entity, shall be deemed by this Ordinance to have been waived. Cap 1174 s 14 Evidence: books and documents (1) All books and other documents which would, prior to the appointed day, have been evidence in respect of any matter for or against a transferring entity shall be admissible in evidence in respect of the same matter for or against Standard Chartered Bank (Hong Kong). (2) In this section, "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap 8). Cap 1174 s 15 Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day, Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of the transferring banks vested or deemed to be vested in Standard Chartered Bank (Hong Kong) by virtue of this Ordinance, and to entries made in those records prior to the appointed day, as if such records were the records of Standard Chartered Bank (Hong Kong). (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of Standard Chartered Bank (Hong Kong) by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Standard Chartered Bank (Hong Kong) at the time of the making of an entry therein which purports to have been made prior to the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) For the purposes of sections 40 and 41 of the Evidence Ordinance (Cap 8), documents previously in the custody or control of the transferring entities shall by virtue of this Ordinance be deemed to be documents previously in the custody or control of Standard Chartered Bank (Hong Kong). (4) In this section, "banker's records" (银行纪录) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Cap 1174 s 16 Evidence of vesting and transfer (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting and transfer or deemed vesting and transfer of the undertakings or any part of them of the transferring entities in Standard Chartered Bank (Hong Kong) in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)— (a) a Government Printer's copy of this Ordinance, together with evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested or deemed to be vested in, Standard Chartered Bank (Hong Kong) by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from the transferring entities to Standard Chartered Bank (Hong Kong); (b) any deed or other document made or executed on or after the appointed day, whereby Standard Chartered Bank (Hong Kong) or a transferring entity, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not) or applies to be registered as the holder or proprietor of, any property held by a transferring entity immediately prior to the appointed day and forming part of the undertakings, whether alone or jointly with any other person, shall be sufficient evidence that, the interest of the transferring entity in that property is vested or deemed to be vested in Standard Chartered Bank (Hong Kong) under this Ordinance; (c) where there is any other transaction or purported transaction by Standard Chartered Bank (Hong Kong) or a transferring entity on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of the transferring entities immediately prior to that day and forming part of the undertakings, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Standard Chartered Bank (Hong Kong) has full power and authority for that transaction as if the property or liabilities were vested or deemed to be vested in it under this Ordinance; (d) a certificate given by or on behalf of Standard Chartered Bank (Hong Kong) at any time that any property or liabilities specified in the certificate (which property or liabilities immediately prior to the appointed day are the property or liabilities of a transferring entity) are or, as the case may be, are not, deemed to be vested in Standard Chartered Bank (Hong Kong) under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified.(3) Nothing in subsection (2)(c) or (d) shall affect the liability of Standard Chartered Bank (Hong Kong) and each of the transferring entities to one another in respect of anything done, or purporting to have been done, by any of them in connection with, or in relation to, any property or liabilities. |
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