【法规名称】
【法规编号】 82277 什么是编号？
【正 文】
第7页 CAP 1169 MIZUHO CORPORATE BANK, LTD. (HONG KONG CONSOLIDATION) ORDINANCE
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[接上页] Cap 1169 s 10 Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against a consolidating bank in Hong Kong shall be admissible in evidence in respect of the same matter for or against Corporate Business Bank from and after the appointed day. (2) In this section, "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap 8). Cap 1169 s 11 Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day, Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of the consolidating banks in Hong Kong vested or deemed to be vested in Corporate Business Bank by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Corporate Business Bank. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of Corporate Business Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Corporate Business Bank at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) For the purposes of sections 40 and 41 of the Evidence Ordinance (Cap 8), documents previously in the custody or control of the consolidating banks in Hong Kong shall by virtue of this Ordinance be deemed to be documents previously in the custody or control of Corporate Business 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 1169 s 12 Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting or deemed vesting of the consolidating branches in Corporate Business 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 such 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, Corporate Business 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 consolidating banks in Hong Kong to Corporate Business Bank; (b) any deed or other document made or executed on or after the appointed day, whereby Corporate Business Bank or a consolidating bank in Hong Kong, 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 consolidating bank in Hong Kong immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of the consolidating banks in Hong Kong in that property is vested or deemed to be vested in Corporate Business Bank under this Ordinance; (c) where there is any other transaction or purported transaction by Corporate Business Bank or a consolidating bank in Hong Kong on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of the consolidating banks in Hong Kong immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Corporate Business 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 Corporate Business Bank at any time on or after the appointed day, that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day are property or liabilities of a consolidating bank in Hong Kong) is or are or, as the case may be, is or are not at the date so specified vested or deemed to be vested in Corporate Business Bank under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (e) nothing in paragraphs (c) and (d) shall affect the liability of Corporate Business Bank and the consolidating banks in Hong Kong to each other 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; and (f) in this subsection- "convey" (转易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure; "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).(3) Corporate Business Bank shall register or cause to be registered in the Land Registry a Government Printer's copy of this Ordinance in respect of the vesting or deemed vesting in Corporate Business Bank of the relevant property of the consolidating banks in Hong Kong. |
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