【法规名称】
【法规编号】 82273 什么是编号？
【正 文】
第3页 CAP 1171 CITIC KA WAH BANK LIMITED (MERGER) ORDINANCE
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[接上页] (3) Any will made before the appointed day which has not been proved in Hong Kong before the appointed day, and any will made on or after the appointed day, being a will forming part of the undertaking which appoints CITIC Ka Wah Bank to be an executor, trustee or recipient of any property as trustee, shall, on and from the appointed day, be construed and have effect as if for any reference therein to CITIC Ka Wah Bank as such executor, trustee or recipient or otherwise in connection with such appointment, not being a reference (however worded and whether express or implied) to terms and conditions of, or to a scale of fees of, CITIC Ka Wah Bank, there were substituted a reference to Hongkong Chinese Bank. (4) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Cap 1171 s 7 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 CITIC Ka Wah Bank (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) Hongkong Chinese Bank had been a party thereto instead of CITIC Ka Wah Bank; (ii) for any reference (however worded and whether express or implied) to CITIC Ka Wah Bank there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Hongkong Chinese Bank; and (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of CITIC Ka Wah Bank were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Hongkong Chinese Bank or, as the case may require, to such director, officer or employee of Hongkong Chinese Bank as Hongkong Chinese Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Hongkong Chinese Bank who corresponds as nearly as may be to the firstmentioned director, officer or employee.(b) Paragraph (a)(ii) shall, subject to the provisions of section 17, apply to any statutory provision, to any provision of any existing contract to which CITIC Ka Wah Bank 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 CITIC Ka Wah Bank and a customer shall, on the appointed day, be transferred to Hongkong Chinese Bank and become an account between Hongkong Chinese Bank and such customer subject to the same conditions and incidents as theretofore; and 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 CITIC Ka Wah Bank (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 CITIC Ka Wah Bank 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 Hongkong Chinese Bank and such customer: Provided that nothing in this Ordinance shall affect any right of Hongkong Chinese Bank or of any customer to vary the conditions or incidents subject to which any account is kept.(d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to or by CITIC Ka Wah Bank, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to or by Hongkong Chinese Bank or, as the case may be, to or by Hongkong Chinese Bank jointly with such other person. (e) Any negotiable instrument or order for payment of money drawn on, or given to, or accepted or endorsed by, CITIC Ka Wah Bank, or payable at any place of business of CITIC Ka Wah Bank, whether so drawn, given, accepted or endorsed before, on or after the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by Hongkong Chinese Bank, or were payable at the same place of business of Hongkong Chinese Bank. |
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