【法规名称】
【法规编号】 82281 什么是编号？
【正 文】
第4页 CAP 1167 BANK OF CHINA (HONG KONG) LIMITED (MERGER) ORDINANCE
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[接上页] Cap 1167 s 5 Vesting of the merging branches and certain shares in Po Sang (1) At the appointed time- (a) the merging branches shall by virtue of this Ordinance and without further act or deed be transferred to, and vest in, Po Sang to the intent that Po Sang shall succeed to the merging branches as if in all respects Po Sang were the same person in law as the relevant transferring bank; and (b) the shares in Nanyang, Chiyu and BOC-CC held by Bank of China or its nominees shall by virtue of this Ordinance and without further act or deed be transferred to, and vest in, Po Sang or a nominee specified by Po Sang to the intent that Po Sang shall become the beneficial owner of all the shares in Nanyang, Chiyu and BOC-CC previously held by Bank of China or its nominees.(2) In relation to any matter referred to in subsection (1), where the transferor is not a company incorporated in Hong Kong, subsection (1) shall be deemed to have effect for the purposes of Hong Kong law. Cap 1167 s 6 Issue of legal tender notes (1) Subject to the Financial Secretary (with the approval of the Chief Executive in Council)- (a) by notice in writing authorizing Po Sang to issue bank notes under section 3(2) of the Legal Tender Notes Issue Ordinance (Cap 65) with effect from the appointed time; and (b) by notice in the Gazette amending the Schedule to the Legal Tender Notes Issue Ordinance (Cap 65) in accordance with section 6 of that Ordinance by repealing "1. Bank of China." from that Schedule and substituting "1. Bank of China (Hong Kong) Limited." with effect from the appointed time,Bank of China shall cease to be a note-issuing bank and Po Sang shall become a note-issuing bank, in each case with effect from the appointed time. (2) Subject to Po Sang becoming a note-issuing bank in accordance with subsection (1) and without prejudice to the provisions of the Legal Tender Notes Issue Ordinance (Cap 65)- (a) all legal tender notes issued by Bank of China prior to the appointed time shall at and from the appointed time by virtue of this Ordinance and without further act and deed be transferred to, and vest in, Po Sang to the intent that Po Sang shall succeed to such legal tender notes as if in all respects Po Sang were the same person in law as Bank of China, and such legal tender notes shall be deemed to have been issued by Po Sang who shall at and from the appointed time be liable to pay the bearer of such legal tender notes on demand at its office in Hong Kong; (b) all bank notes of Bank of China which had they been issued by Bank of China prior to the appointed time would have constituted legal tender notes of Bank of China shall at the appointed time by virtue of this Ordinance and without further act or deed be transferred to, and vest in, Po Sang to the intent that Po Sang shall succeed to such bank notes as if in all respects Po Sang were the same person in law as Bank of China; (c) Po Sang shall, subject to any terms and conditions specified by the Financial Secretary in accordance with section 3(2) of the Legal Tender Notes Issue Ordinance (Cap 65), at and from the appointed time by virtue of this Ordinance have the power to produce, store, distribute and issue in the name of Bank of China bank notes using the same designs and in the same denominations as Bank of China was authorized to issue immediately prior to the appointed time; (d) any bank notes issued by Po Sang pursuant to paragraph (c) shall be deemed to be legal tender notes issued by Po Sang who shall at and from the appointed time be liable to pay the bearer of any such legal tender notes so issued on demand at its office in Hong Kong; (e) Po Sang shall, subject to any terms and conditions specified by the Financial Secretary in accordance with section 3(2) of the Legal Tender Notes Issue Ordinance (Cap 65), have the power to destroy any legal tender notes issued or deemed to be issued by Po Sang under this section; (f) at and from the appointed time, all certificates of indebtedness issued to Bank of China under section 4 of the Exchange Fund Ordinance (Cap 66) and all indebtedness owed to Bank of China under those certificates of indebtedness shall by virtue of this Ordinance and without further act or deed be transferred to, and vest in, Po Sang to the intent that Po Sang shall succeed to such certificates of indebtedness and all indebtedness owed under them as if in all respects Po Sang were the same person in law as Bank of China. Cap 1167 s 7 Trust property and wills (1) Any property vested in Po Sang by virtue of this Ordinance which immediately before the appointed time was held by a merging bank, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court or otherwise), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, at and from the appointed time, be held by Po Sang alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. |
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