【法规名称】
【法规编号】 82281 什么是编号？
【正 文】
第5页 CAP 1167 BANK OF CHINA (HONG KONG) LIMITED (MERGER) ORDINANCE
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[接上页] (2) Any existing instrument or order of any court under or by virtue of which any property became vested in a merging bank in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, a merging bank of remuneration for its services in any such fiduciary capacity, shall, at and from the appointed time, be construed and have effect, so far as the context permits, as if for any reference therein to the merging bank, other than a reference (however worded and whether express or implied) to terms and conditions of, or to a scale of fees of, the merging bank, there were substituted a reference to Po Sang provided always that this subsection shall not prevent Po Sang from varying the remuneration or scale of fees payable in accordance with the terms of the relevant instrument or order. (3) Any will made before the appointed time which has not been proved in Hong Kong before the appointed time, and any will made at or after the appointed time, being a will which appoints a merging bank to be an executor, trustee or recipient of any property as trustee, shall, at and from the appointed time, be construed and have effect as if for any reference therein to such bank as such executor, trustee or recipient or otherwise in connection with such appointment, not being a reference (however worded and whether express or implied) to terms and conditions of, or to a scale of fees of, such bank, there were substituted a reference to Po Sang. (4) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Cap 1167 s 8 Supplementary provisions Without prejudice to the generality of any other provision of this Ordinance but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect- (a) All existing contracts, agreements, insurance policies, options, novations, certificates, awards, land grants, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security interest, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to a merging bank (whether alone or with any other person and whether as principal or agent and whether in writing or not) shall be construed and have effect at and from the appointed time as if- (i) Po Sang had been a party thereto instead of such bank; (ii) for any reference (however worded and whether express or implied) to such bank there were substituted, as respects anything falling to be done at or after the appointed time, a reference to Po Sang; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of such bank were, as respects anything falling to be done at or after the appointed time, a reference to the directors of Po Sang or, as the case may require, to such director, officer or employee of Po Sang as Po Sang may appoint for that purpose or, in default of appointment, to the director, officer or employee of Po Sang who corresponds as nearly as may be to the first-mentioned director, officer or employee: Provided that this paragraph shall not apply to the merger agreement or any agreement expressed to be made pursuant or supplemented thereto.(b) Paragraph (a)(ii) shall, subject to the provisions of sections 6 and 20, apply to any statutory provision, to any provision of any existing contract to which a merging bank was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies. (c) Any account between a merging bank and a customer shall, at the appointed time, be transferred to Po Sang and become an account between Po Sang and such customer subject to the same conditions and incidents as theretofore; and each such account shall be deemed for all purposes to be a single continuing account: Provided that nothing in this Ordinance shall affect any right of Po Sang or of any customer to vary the conditions or incidents subject to which any account is kept.(d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to or by a merging bank, either alone or jointly with another person, shall apply and have effect, at and from the appointed time, as if given to or by Po Sang or, as the case may be, to Po Sang jointly with such other person. (e) Any negotiable instrument or order for payment of money drawn on, or given to, or accepted or endorsed by, a merging bank, or payable at any place of business of a merging bank, whether so drawn, given, accepted or endorsed before, at or after the appointed time, shall have the same effect at and from the appointed time, as if it had been drawn on, or given to, or accepted or endorsed by Po Sang, or were payable at the same place of business of Po Sang. |
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