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[接上页] (3) Any body politic or corporate and any other person or persons whose rights are affected by any of the provisions of this Ordinance shall be deemed to be mentioned herein. (Enacted 1996) Cap 1161 s 3 Notice of appointed day The directors of Mitsubishi Finance may appoint a day and a time of that day for the purpose of this Ordinance. BOT International and Mitsubishi Finance shall give joint notice in the Gazette of the day so appointed save that, in the event that such day proves not to be the appointed day for any reason, BOT International and Mitsubishi Finance shall give joint notice in the Gazette to that effect and shall again give joint notice in the Gazette stating the next day so appointed or, as the case may be, the day which was the appointed day. (Enacted 1996)____________________________________________________________________________________________ Note: See notice on page PN2925 of Gazette Supplement No. 6 of 29 March 1996. The appointed day was 1 April 1996. Cap 1161 s 4 Reduction in capital and revocation of restricted banking licence (1) On the appointed day by virtue of this Ordinance the authorized and issued share capital of Mitsubishi Finance shall be reduced to US$10 comprising 10 ordinary shares of US$1 each and 40999990 ordinary shares of US$1 each shall be cancelled. (2) Not later than 7 days before the appointed day Mitsubishi Finance shall deliver to the Registrar of Companies a copy of this Ordinance together with a minute, signed by a director or the secretary of BOT International, confirming the reduction of share capital and cancellation of shares referred to in subsection (1). (3) The Registrar of Companies shall, pursuant to this Ordinance, register the copy of the Ordinance and the minute delivered to him pursuant to subsection (2) and on the appointed day shall certify under his hand the registration of the Ordinance and the minute which certificate shall be conclusive evidence of the reduction of the authorised and issued share capital of Mitsubishi Finance. (4) The restricted banking licence of Mitsubishi Finance shall be revoked on a day to be appointed by the Hong Kong Monetary Authority which day shall be published in the Gazette. (Enacted 1996) Cap 1161 s 5 Vesting of Mitsubishi Finance's undertaking in BOT International On the appointed day the undertaking shall by virtue of this Ordinance and without further act or deed be transferred to, and vest in, BOT International to the intent that BOT International shall succeed to the undertaking as if in all respects BOT International were the same person in law as Mitsubishi Finance. (Enacted 1996) Cap 1161 s 6 Trust property and wills (1) Any property deemed to be vested in BOT International by virtue of this Ordinance which immediately before the appointed day was held by Mitsubishi Finance, 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, on and from the appointed day, be held by BOT International 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. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in Mitsubishi Finance 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, Mitsubishi Finance of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to Mitsubishi Finance there were substituted a reference to BOT International. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. (Enacted 1996) Cap 1161 s 7 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, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to Mitsubishi Finance (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 on and from the appointed day as if- |