【法规名称】
【法规编号】 82281 什么是编号？
【正 文】
第8页 CAP 1167 BANK OF CHINA (HONG KONG) LIMITED (MERGER) ORDINANCE
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[接上页] (2) No officer or employee of a merging bank who becomes an officer or employee of Po Sang by virtue of this Ordinance shall, by virtue of this Ordinance, be entitled to participate in any provident fund of or gratuity benefits payable by Po Sang, and no existing officer or employee of Po Sang shall, by virtue only of this Ordinance, be entitled to participate in any provident fund of or gratuity benefits payable by the merging banks. Cap 1167 s 13 Waiver of prohibition of merger (1) Any provision contained in any contract or other document to which one of Po Sang, a transferring bank, Nanyang, Chiyu or BOC-CC or any of their respective subsidiaries is a party and which prohibits or has the effect of prohibiting the transactions referred to in this Ordinance, including but not limited to the transfer and vesting of the merging branches in Po Sang, shall be deemed by this Ordinance to have been waived. (2) Any provision contained in any contract or other document to the effect that a breach of contract or a default shall occur or be deemed to occur as a result of the transactions referred to in this Ordinance, including but not limited to the transfer and vesting of the merging branches in Po Sang, and to which one of Po Sang, a transferring bank, Nanyang, Chiyu or BOC-CC or any of their respective subsidiaries is a party shall be deemed by this Ordinance to have been waived. Cap 1167 s 14 Evidence: books and documents (1) All books and other documents which would, before the appointed time, have been evidence in respect of any matter for or against a merging bank shall be admissible in evidence in respect of the same matter for or against Po Sang. (2) In this section, "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap 8). Cap 1167 s 15 Part III of Evidence Ordinance (Cap 8) (1) At and from the appointed time Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of the merging banks vested in Po Sang by virtue of this Ordinance, and to entries made in those records before the appointed time, as if such records were the records of Po Sang. (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 Po Sang by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Po Sang at the time of the making of any entry therein which purports to have been made before the appointed time, 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 the merging banks shall by virtue of this Ordinance be deemed to be documents previously in the custody or control of Po Sang. (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 1167 s 16 Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting or deemed vesting of the merging branches in Po Sang and the vesting of the shares in Nanyang, Chiyu and BOC-CC in Po Sang or its nominee 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 such evidence of publication of notice of the appointed time- (i) shall, in relation to any registered securities transferred to, and vested in Po Sang 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 the merging banks to Po Sang; (ii) shall, together with a certified copy of any resolution made pursuant to paragraph (e) of the definition of "excluded property and liabilities" in section 2(1), be sufficient evidence that the property or liabilities mentioned within such a resolution are excluded property and liabilities;(b) any deed or other document made or executed at or after the appointed time, whereby Po Sang or a merging 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 a merging bank immediately before the appointed time, whether alone or jointly with any other person, shall be sufficient evidence that the interest of the merging banks in that property is vested in Po Sang under this Ordinance; (c) where there is any other transaction or purported transaction by Po Sang or a merging bank at or after the appointed time in connection with, or in relation to, any property or liabilities which are property or liabilities of the merging banks immediately before that time, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Po Sang has full power and authority for that transaction as if the property or liabilities were vested in it under this Ordinance; |
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