【法规名称】
【法规编号】 82279 什么是编号？
【正 文】
第5页 CAP 1168 THE BANK OF EAST ASIA, LIMITED ORDINANCE
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[接上页] Cap 1168 s 8 Accounting treatment of United Chinese Bank and Bank of East Asia (1) On and from the appointed day, by virtue of this Ordinance and notwithstanding the provisions of any other Ordinance- (a) the balance sheets and profit and loss accounts of United Chinese Bank and Bank of East Asia for the accounting period of each company in which the appointed day falls shall be prepared in all respects as if the undertaking had vested in Bank of East Asia pursuant to section 5 on the first day of such accounting period of Bank of East Asia; (b) all assets and liabilities of United Chinese Bank shall be transferred to Bank of East Asia at their carrying value in the consolidated accounts of the group including United Chinese Bank and Bank of East Asia on the first day of such accounting period of Bank of East Asia; (c) every existing reserve of United Chinese Bank as consolidated in the group accounts including United Chinese Bank and Bank of East Asia on the first day of such accounting period of Bank of East Asia shall be transferred to and for all purposes be and become a reserve of Bank of East Asia; and (d) the amount, description and character of every reserve of Bank of East Asia which shall come into being pursuant to paragraph (c) shall be the same in all respects as those of the corresponding existing reserve of United Chinese Bank immediately before the first day of such accounting period of Bank of East Asia, and all enactments and rules of law shall apply to or in respect of every such reserve of Bank of East Asia in the same manner in all respects as they applied to or in respect of the corresponding existing reserve of United Chinese Bank immediately before the first day of such accounting period of Bank of East Asia.(2) Every reference in subsection (1) to an existing reserve shall include a reference to any reserve or similar provision, irrespective of its name or designation (and whether the amount thereof be positive or negative in nature) and, without prejudice to the generality of the foregoing, every such reference shall include a reference to any sums standing to the credit (or debit) of any profit and loss account. (3) Without prejudice to the generality of subsection (1), any profits or losses of United Chinese Bank earned or incurred after the beginning of the financial year of United Chinese Bank in which the appointed day shall occur, shall, on and from the appointed day, and by virtue of this Ordinance, be treated for all purposes as profits or, as the case may be, losses, of Bank of East Asia. Cap 1168 s 9 Contracts of employment (1) Section 7(a) shall apply to a contract for the employment of any person by United Chinese Bank; and employment with United Chinese Bank and Bank of East Asia under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of United Chinese Bank shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Bank of East Asia. Cap 1168 s 10 Pensions, provident funds and gratuity benefits (1) The deeds and rules constituting or relating to the pension fund scheme established in Hong Kong and known as the United Chinese Bank Limited Employees Provident Fund Scheme and the provident fund scheme established in Hong Kong and known as the BEA (MPF) Master Trust Scheme, and the gratuity benefits payable by United Chinese Bank 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 United Chinese Bank there were substituted a reference to Bank of East Asia. (2) No officer or employee of United Chinese Bank who becomes an officer or employee of Bank of East Asia by virtue of this Ordinance shall, by virtue only of this Ordinance, be entitled to participate in any pension or provident fund or schemes of or gratuity payments payable by Bank of East Asia, and no existing officer or employee of Bank of East Asia shall, by virtue only of this Ordinance, be entitled to participate in the United Chinese Bank Limited Employees Provident Fund Scheme or the BEA (MPF) Master Trust Scheme or any other pension fund scheme of, provident fund scheme of, or gratuity benefits payable by United Chinese Bank. Cap 1168 s 11 Waiver of prohibition of merger (1) Any provision contained in any contract to which either Bank of East Asia or United Chinese Bank is a party which prohibits or has the effect of prohibiting the transfer and vesting or deemed transfer and vesting of the undertaking of United Chinese Bank in Bank of East Asia shall be deemed by this Ordinance to have been waived. (2) Any provision contained in any contract to the effect that a default shall occur or be deemed to occur as a result of the transfer and vesting or deemed transfer and vesting of the undertaking of United Chinese Bank in Bank of East Asia, and to which either Bank of East Asia or United Chinese Bank is a party, shall be deemed by this Ordinance to have been waived. |
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