【法规名称】
【法规编号】 82271 什么是编号？
【正 文】
第7页 CAP 1172 DAO HENG BANK LIMITED (MERGER) ORDINANCE
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[接上页] (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 banks shall by virtue of this Ordinance be deemed to be documents previously in the custody or control of Dao Heng Bank. (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 1172 s 15 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 any property and liabilities of the transferring banks in Dao Heng Bank 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, Dao Heng Bank 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 banks to Dao Heng Bank; (b) any deed or other document made or executed on or after the appointed day, whereby Dao Heng Bank or a transferring bank, 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 bank immediately before 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 bank in that property is vested or deemed to be vested in Dao Heng Bank under this Ordinance; (c) where there is any other transaction or purported transaction by Dao Heng Bank or a transferring bank 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 banks immediately before 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 Dao Heng Bank 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 Dao Heng Bank at any time that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day are the property or liabilities of a transferring bank) are or, as the case may be, are not, deemed to be vested in Dao Heng Bank 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 Dao Heng Bank and each of the transferring banks 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. (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 1172 s 16 Interests in land (1) The vesting or deemed vesting in Dao Heng Bank 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 registration of any interest in land in the name of a transferring bank (whether alone or with any other person) immediately before the appointed day shall be construed and have effect on and from the appointed day as if the name "Dao Heng Bank Limited (道亨银行有限公司)" had been entered on the land register instead of the name of such transferring bank. |
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