【法规名称】
【法规编号】 82281 什么是编号？
【正 文】
第6页 CAP 1167 BANK OF CHINA (HONG KONG) LIMITED (MERGER) ORDINANCE
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[接上页] (f) The custody of any document or record, goods or other thing held by a merging bank as bailee shall pass to Po Sang at the appointed time, and the rights and obligations of the merging bank under any contract of bailment relating to any such document or record, goods or thing shall at that time become rights and obligations of Po Sang. (g) (i) Any security interest held immediately before the appointed time by a merging bank, or by a nominee or agent of or trustee for a merging bank, as security for the payment or discharge of any liability shall, at and from the appointed time, be held by, or, as the case may require, by that nominee, agent or trustee for, Po Sang, and be available to Po Sang (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 that liability. (ii) In relation to any security interest vested in Po Sang in accordance with the provisions of this Ordinance and any liabilities thereby secured, Po Sang shall be entitled to the rights and priorities and be subject to the obligations and incidents to which the merging bank in question would have been entitled and subject if it had continued to hold the security interest. (iii) Without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between a merging bank and Po Sang or between 2 merging banks, in respect of which a merging bank or Po Sang, or a nominee or agent of or trustee for a merging bank or Po Sang holds a security interest, that liability shall, for the purpose of enforcing or realizing that security interest, be deemed to continue in effect notwithstanding the vesting of the merging branches in Po Sang. (iv) Any security interest referred to in subparagraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, at and from the appointed time, be available to Po Sang (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, a merging bank were secured thereby immediately before that time. (v) Notwithstanding subparagraph (i), where immediately before the appointed time any security interest would not be available to Po Sang as security for the payment or discharge of any liability owing to it, or to any merging bank as security for the payment or discharge of any liability owing to it, such security interest shall not become available to Po Sang as security for such liability at and from the appointed time by virtue of this Ordinance, unless- (A) the terms of such security interest expressly provide otherwise; (B) Po Sang obtains the written consent of the person or persons who granted such security interest; or (C) such security interest arises at general law.(vi) Notwithstanding subparagraph (ii), where immediately before the appointed time, Po Sang would not, in respect of any liability owing to it, be entitled to the rights and priorities in relation to any security interest then in existence, or any merging bank would not, in respect of any liability owing to it, be entitled to the rights and priorities in relation to any security interest then in existence, Po Sang shall not, in respect of such liability, be entitled to such rights and priorities at and from the appointed time by virtue of this ordinance, unless- (A) the terms of such security interest expressly provide otherwise; (B) Po Sang obtains the written consent of the person or persons who granted such security interest; or (C) such security interest arises at general law.(h) (i) Where by virtue of this Ordinance any right or liability of a merging bank is deemed to become a right or liability of Po Sang, Po Sang and all other persons shall, at and from the appointed time, 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 Po Sang; and any legal proceedings or application to any authority existing or pending immediately before the appointed time by or against a merging bank may be continued by or against Po Sang. (ii) Where any right or liability of a merging bank was before the appointed time the subject of arbitral proceedings to which the relevant merging bank was a party, Po Sang shall at and from the appointed time automatically be substituted for such 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 a merging bank and not fully satisfied before the appointed time shall from that time, to the extent to which it is enforceable by or against such bank, become enforceable by or against Po Sang. |
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