【法规名称】
【法规编号】 82281 什么是编号？
【正 文】
第9页 CAP 1167 BANK OF CHINA (HONG KONG) LIMITED (MERGER) ORDINANCE
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[接上页] (d) a certificate given by or on behalf of Po Sang at any time at or after the appointed time that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed time are property or liabilities of a merging bank) are or, as the case may be, are not at the date so specified vested in Po Sang under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (e) nothing in paragraphs (c) and (d) shall affect the liability of Po Sang and the merging banks to each other 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; and (f) in this subsection- "convey" (转易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure; "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).(3) Po Sang shall register or cause to be registered in the Land Registry a Government Printer's copy of this Ordinance in respect of the vesting of the relevant property of the merging banks in Po Sang. (4) Nothing in this section applies to any property falling within section 17. Cap 1167 s 17 Transfers governed otherwise than by laws of Hong Kong (1) Where the transfer and vesting of any property forming part of a merging branch is governed otherwise than by the laws of Hong Kong, the transferring bank in question shall, if Po Sang so requires, as soon as is practicable after the appointed time, take all necessary steps for the purpose of securing the effective transfer and vesting thereof to and in Po Sang and, pending such transfer or vesting, shall hold such property in trust for Po Sang. (2) Where the transfer and vesting of the shares in Nanyang, Chiyu and BOC-CC is governed otherwise than by the laws of Hong Kong, the owner of such shares shall, if Po Sang so requires, as soon as is practicable after the appointed time, take all necessary steps for the purpose of securing the effective transfer and vesting thereof to and in Po Sang or its nominee and, pending such transfer or vesting, shall hold such shares on trust for Po Sang or its nominee. Cap 1167 s 18 Interests in land (1) The vesting and deemed vesting in Po Sang of an interest in land by virtue of this Ordinance shall not- (a) constitute an acquisition, disposal, assignment, transfer or parting with possession of that interest for the purposes of section 53(4)(a) or (7)(a), of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (Amended 16 of 2004 s. 16) (b) constitute an assignment or underlease of, or an agreement to assign or underlet, that interest for the purposes of section 6(1)(b) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (c) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning or affecting that interest; or (d) operate as a breach of covenant or condition against alienation; or (e) give rise to any forfeiture, damages or other right of action; or (f) invalidate or discharge any contract or security interest; or (g) operate so as to merge any leasehold interest in the reversion expectant on it; or (h) extinguish, affect, vary, diminish or postpone any priority of that interest, whether under the Land Registration Ordinance (Cap 128), at law or in equity.(2) All existing registration of any interest in land in the name of a merging bank (whether alone or with any other person) shall be construed and have effect at and from the appointed time as if Po Sang had been entered on the land register instead of such bank. Cap 1167 s 19 Completion and deduction of title of property To enable Po Sang to complete a title, if thought fit, to any property transferred to it and vested in it by virtue of this Ordinance by notice of title, deed, instrument or otherwise, or to deduce title, this Ordinance shall be deemed to be, and may be used as, an assignment or assignation, conveyance, transfer or, as the case may be, general disposition of such property in favour of Po Sang. Cap 1167 s 20 Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt a transferring bank, Po Sang, Nanyang or Chiyu or any subsidiary of a transferring bank, Po Sang, Nanyang or Chiyu from the provisions of any enactment regulating the carrying on of the business of any of them. Cap 1167 s 21 Saving for companies Nothing in this Ordinance shall prejudice the powers of any transferring bank, or Po Sang, Nanyang, Chiyu or BOC-CC to alter its memorandum and articles of association or other constitutive documents or to dispose of, or deal with, its property, security interests or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the power of any member of the Bank of China Group to dispose of, or deal with, their property, security interests or liabilities before the appointed time. Cap 1167 s 22 Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by, from or under them. |
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