【法规名称】
【法规编号】 82273 什么是编号？
【正 文】
第7页 CAP 1171 CITIC KA WAH BANK LIMITED (MERGER) ORDINANCE
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[接上页] (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 1171 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 CITIC Ka Wah Bank in Hongkong Chinese 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- (i) shall, in relation to any registered securities transferred to, and vested in, Hongkong Chinese 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 CITIC Ka Wah Bank to Hongkong Chinese Bank; (ii) shall, together with a certified copy of any resolution made pursuant to paragraph (d) of the definition of "excluded property and liabilities" in section 2(1), be sufficient evidence that the property or liabilities mentioned within such a resolution are excluded property and liabilities;(b) any deed or other document made or executed on or after the appointed day, whereby Hongkong Chinese Bank or CITIC Ka Wah 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 CITIC Ka Wah Bank immediately before the appointed day and forming part of the undertaking, whether alone or jointly with any other person, shall be sufficient evidence that the interest of CITIC Ka Wah Bank in that property is vested in Hongkong Chinese Bank under this Ordinance; (c) where there is any other transaction or purported transaction by CITIC Ka Wah Bank or Hongkong Chinese Bank on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of CITIC Ka Wah Bank immediately before that day and forming part of the undertaking, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Hongkong Chinese Bank has full power and authority for that transaction as if the property or liabilities were vested in it under this Ordinance; (d) a certificate given by or on behalf of Hongkong Chinese Bank at any time that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day is the property or liabilities of CITIC Ka Wah Bank) is or, as the case may be, is not, deemed to be vested in Hongkong Chinese 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 CITIC Ka Wah Bank and Hongkong Chinese Bank to the other of them in respect of anything done, or purporting to have been done, by either 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 1171 s 16 Interests in land (1) The vesting and deemed vesting in Hongkong Chinese 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 CITIC Ka Wah Bank (whether alone or with any other person) vested in Hongkong Chinese Bank by virtue of this Ordinance and all existing registration of any interest in land in the name of Hongkong Chinese 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 "CITIC Ka Wah Bank Limited 中信嘉华银行有限公司" had been entered on the land register instead of the name of CITIC Ka Wah Bank or Hongkong Chinese Bank, as the case may be. |
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