【法规名称】
【法规编号】 82279 什么是编号？
【正 文】
第6页 CAP 1168 THE BANK OF EAST ASIA, LIMITED ORDINANCE
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[接上页] (3) Nothing in this section applies to any contract to which Bank of East Asia in Hong Kong or United Chinese Bank in Hong Kong is not a party. Cap 1168 s 12 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 United Chinese Bank shall be admissible in evidence in respect of the same matter for or against Bank of East Asia. (2) In this section "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap 8). Cap 1168 s 13 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 United Chinese Bank deemed to be vested in Bank of East Asia by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Bank of East Asia. (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 Bank of East Asia by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Bank of East Asia 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 United Chinese Bank shall by virtue of this Ordinance be deemed to be documents previously in the custody or control of Bank of East Asia. (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 1168 s 14 Evidence of vesting and transfer (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting and transfer or deemed vesting and transfer of any property and liabilities of United Chinese Bank in Bank of East Asia 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 evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, Bank of East Asia 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 United Chinese Bank to Bank of East Asia; (b) any deed or other document made or executed on or after the appointed day, whereby Bank of East Asia or United Chinese Bank, 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 United Chinese Bank immediately before the appointed day and forming part of the undertaking, whether alone or jointly with any other person, shall be sufficient evidence that the interest of United Chinese Bank in that property is deemed to be vested in Bank of East Asia under this Ordinance; (c) where there is any other transaction or purported transaction by Bank of East Asia or United Chinese Bank on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of United Chinese Bank immediately before that day and forming part of the undertaking, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Bank of East Asia has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (d) a certificate given by or on behalf of Bank of East Asia at any time that any property or liability specified in the certificate (which property or liability immediately before the appointed day is the property or liability of United Chinese Bank) is or, as the case may be, is not, deemed to be vested in Bank of East Asia under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified.(3) Nothing in subsection (2)(c) or (d) shall affect the liability of United Chinese Bank and Bank of East Asia to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities. (4) In subsection (2)- (a) "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); and (b) "convey" (转易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure.(5) Nothing in this section applies to any property falling within section 5(2). |
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