【法规名称】
【法规编号】 82279 什么是编号？
【正 文】
第4页 CAP 1168 THE BANK OF EAST ASIA, LIMITED ORDINANCE
|
[接上页] (ii) In relation to any security vested or deemed to be vested in Bank of East Asia in accordance with the provisions of this Ordinance and any liabilities thereby secured, Bank of East Asia shall be entitled to the rights and priorities and be subject to the obligations and incidents to which United Chinese Bank would have been entitled and subject if it had continued to hold the security. (iii) Without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between United Chinese Bank and Bank of East Asia in respect of which United Chinese Bank or Bank of East Asia, or a nominee or agent of or trustee for United Chinese Bank or Bank of East Asia holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting of the undertaking in Bank of East Asia. (iv) Any security referred to in subparagraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to Bank of East Asia (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, United Chinese Bank or, as the case may be, Bank of East Asia were secured thereby immediately before that day. (v) Notwithstanding subparagraph (i), where immediately before the appointed day any security would not be available to United Chinese Bank as security for the payment or discharge of any liability owing to it, or to Bank of East Asia as security for the payment or discharge of any liability owing to it, such security shall not become available to Bank of East Asia as security for such liability on and from the appointed day by virtue of this Ordinance, unless- (A) the terms of such security expressly provide otherwise; (B) Bank of East Asia obtains the written consent of the person or persons who granted such security; or (C) such security arises at general law.(vi) Notwithstanding subparagraph (ii), where immediately before the appointed day, United Chinese Bank would not, in respect of any liability owing to it, be entitled to the rights and priorities in relation to any security then in existence, or Bank of East Asia would not, in respect of any liability owing to it, be entitled to the rights and priorities in relation to any security then in existence, Bank of East Asia shall not, in respect of such liability, be entitled to such rights and priorities on and from the appointed day by virtue of this Ordinance, unless- (A) the terms of such security expressly provide otherwise; (B) Bank of East Asia obtains the written consent of the person or persons who granted such security; or (C) such security arises at general law.(h) (i) Where by virtue of this Ordinance any right or liability of United Chinese Bank becomes or is deemed to become a right or liability of Bank of East Asia, Bank of East Asia and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Bank of East Asia; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against United Chinese Bank may be continued by or against Bank of East Asia. (ii) Where any right or liability of United Chinese Bank was before the appointed day the subject of arbitral proceedings to which United Chinese Bank was a party, Bank of East Asia shall on and from the appointed day automatically be substituted for United Chinese Bank 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 United Chinese Bank and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against United Chinese Bank, become enforceable by or against Bank of East Asia. (j) Any court order which applies to United Chinese Bank and which relates to a right or liability or property of United Chinese Bank which by virtue of this Ordinance is deemed to become a right or liability or property of Bank of East Asia shall on and from the appointed day apply to Bank of East Asia instead of to United Chinese Bank. (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 United Chinese Bank, whether alone or with others, before the appointed day. (l) The Privacy Commissioner may, on and from the appointed day, exercise in respect of Bank of East Asia any power under the Personal Data (Privacy) Ordinance (Cap 486) which he could have immediately before the appointed day exercised in respect of United Chinese Bank in respect of a breach or alleged breach by United Chinese Bank of that Ordinance or the data protection principles; but the transfer to, and vesting in, Bank of East Asia by this Ordinance of the undertaking of United Chinese Bank and any disclosure to Bank of East Asia of any information in contemplation or as a result thereof shall not amount to a breach of any duty of confidentiality to which United Chinese Bank is subject immediately before the appointed day or to a contravention by Bank of East Asia or United Chinese Bank of the Personal Data (Privacy) Ordinance (Cap 486) or the data protection principles. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！