【法规名称】
【法规编号】 82277 什么是编号？
【正 文】
第6页 CAP 1169 MIZUHO CORPORATE BANK, LTD. (HONG KONG CONSOLIDATION) ORDINANCE
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[接上页] (ii) Where any right or liability of a consolidating bank in Hong Kong was before the appointed day the subject of arbitral proceedings to which the relevant consolidating bank in Hong Kong was a party, Corporate Business Bank shall on and from the appointed day automatically be substituted for such consolidating bank in Hong Kong as a party to those proceedings, without the need for consent from any other party or from the arbitrator.(i) Any judgment or award obtained by or against a consolidating bank in Hong Kong and not fully satisfied before the appointed day shall from that day, to the extent to which it is or was immediately before the appointed day enforceable by or against such consolidating bank in Hong Kong, become enforceable by or against Corporate Business Bank. (j) Any court order which applies to a consolidating bank in Hong Kong shall from the appointed day apply to Corporate Business Bank instead of to such consolidating bank in Hong Kong. (k) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by a consolidating bank in Hong Kong, whether alone or with others, before the appointed day. (l) The Privacy Commissioner may, on and from the appointed day, exercise in respect of Corporate Business Bank any power under the Personal Data (Privacy) Ordinance (Cap 486) which he could have immediately before the appointed day exercised in respect of a consolidating bank in Hong Kong in respect of a breach or alleged breach by the consolidating bank in Hong Kong of that Ordinance or the data protection principles; but the transfer to, and vesting or deemed vesting in, Corporate Business Bank by this Ordinance of the consolidating branches, and any disclosure to Corporate Business Bank of any information in contemplation or as a result thereof, shall not amount to a breach of any duty of confidentiality to which a consolidating bank in Hong Kong is subject immediately before the appointed day or to a contravention by Corporate Business Bank or a consolidating bank in Hong Kong of the Personal Data (Privacy) Ordinance (Cap 486) or the data protection principles. Cap 1169 s 7 Contracts of employment (1) Section 6(a) shall apply to a contract for the employment of any person by a consolidating bank in Hong Kong and employment with a consolidating bank in Hong Kong and Corporate Business Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of a consolidating bank shall by virtue only of this Ordinance become a director or auditor, as the case may be, of Corporate Business Bank. Cap 1169 s 8 Pensions, provident funds and gratuity benefits (1) The deeds and rules constituting or relating to the pension fund schemes and the provident fund schemes established in Hong Kong in respect of the employees of the consolidating banks in Hong Kong and the gratuity benefits payable by the consolidating banks in Hong Kong shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to the consolidating banks in Hong Kong there were substituted a reference to Corporate Business Bank. (2) No officer or employee of a consolidating bank in Hong Kong who becomes or is deemed to become an officer or employee of Corporate Business Bank by virtue of this Ordinance shall, by virtue only of this Ordinance, be entitled to participate in any pension fund schemes or provident fund schemes of or gratuity benefits payable by Corporate Business Bank, and no existing officer or employee of Corporate Business Bank shall, by virtue only of this Ordinance, be entitled to participate in any pension fund schemes or provident fund schemes established in Hong Kong in respect of the employees of the consolidating banks in Hong Kong or any gratuity benefits payable by the consolidating banks in Hong Kong. Cap 1169 s 9 Waiver of prohibition of merger (1) Any provision contained in any contract or document to which any of the consolidating banks or Corporate Business Bank or any of their respective subsidiaries is a party and which prohibits or has the effect of prohibiting the transactions referred to in this Ordinance, including but not limited to the transfer and vesting or deemed transfer and vesting of the consolidating branches in Corporate Business Bank shall be deemed by this Ordinance to have been waived. (2) Any provision contained in any contract or document to the effect that a breach of contract or a default shall occur or be deemed to occur as a result of the transactions referred to in this Ordinance, including but not limited to the transfer and vesting or deemed transfer and vesting of the consolidating branches in Corporate Business Bank, and to which any of the consolidating banks or Corporate Business Bank or any of their respective subsidiaries is a party shall be deemed by this Ordinance to have been waived. |
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