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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 not).(5) Nothing in this section applies to any property falling within section 5(2). Cap 1173 s 14 Interests in land (1) The vesting and deemed vesting in Bank of East Asia of an interest in land by virtue of this Ordinance shall not- (a) constitute an acquisition, 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 registration of any interest in land in the name of EACredit or EAFinance (whether alone or with any other person) shall be construed and have effect on and from the appointed day as if Bank of East Asia had been entered on the land register instead of EACredit or EAFinance (as the case may be). (3) To enable Bank of East Asia 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, and may be used as an assignment, conveyance, transfer or, as the case may be, general disposition of such property in favour of Bank of East Asia. (4) Bank of East Asia 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 from EACredit in respect of the vesting of all the properties of EACredit transferred to and vested or deemed to be vested in Bank of East Asia by virtue of this Ordinance. (5) Bank of East Asia 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 from EAFinance in respect of the vesting of all the properties of EAFinance transferred to and vested or deemed to be vested in Bank of East Asia by virtue of this Ordinance. (6) For the avoidance of doubt, nothing in this section shall exempt EACredit, EAFinance or Bank of East Asia from the provisions of the Stamp Duty Ordinance (Cap 117). Cap 1173 s 15 Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt EACredit, EAFinance or Bank of East Asia or any subsidiary of Bank of East Asia from the provisions of any enactment regulating the carrying on of the business of any of them. Cap 1173 s 16 Saving for companies Nothing in this Ordinance shall prejudice the powers of Bank of East Asia 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 EACredit or EAFinance to alter their respective memorandum and articles of association or to dispose of, or deal with, their respective property, security interests or liabilities before the appointed day. Cap 1173 s 17 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. |