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【法规名称】 
【法规编号】 82277  什么是编号?
【正  文】

第4页 CAP 1169 MIZUHO CORPORATE BANK, LTD. (HONG KONG CONSOLIDATION) ORDINANCE

[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 which appoints a consolidating bank in Hong Kong 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 such 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, such bank, there were substituted a reference to Corporate Business Bank.
  
  (4) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance.
  
  Cap 1169 s 6 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-
  
  (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 a consolidating bank in Hong Kong (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) Corporate Business Bank had been a party thereto instead of such consolidating bank in Hong Kong;
  
  (ii) for any reference (however worded and whether express or implied) to such consolidating bank in Hong Kong there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Corporate Business Bank;
  
  (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of such consolidating bank in Hong Kong were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Corporate Business Bank or, as the case may require, to such director, officer or employee of Corporate Business Bank as Corporate Business Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Corporate Business Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee:
  
  Provided that this paragraph shall not apply to the consolidation agreement or any agreement made or expressed to be made pursuant or supplemental or in implementation thereto or thereof.(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 a consolidating bank in Hong Kong 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 a consolidating bank in Hong Kong and a customer shall, on the appointed day, be transferred to Corporate Business Bank and become an account between Corporate Business Bank and such customer subject to the same conditions and incidents as theretofore; and each 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 a consolidating bank in Hong Kong (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 such consolidating bank in Hong Kong 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 Corporate Business Bank and such customer:
  
  Provided that nothing in this Ordinance shall affect any right of Corporate Business 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 a consolidating bank in Hong Kong, either alone or jointly with another person, shall apply and have effect on and from the appointed day, as if given to or by Corporate Business Bank or, as the case may be, to or by Corporate Business Bank jointly with such other person.
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