【法规名称】
【法规编号】 82283 什么是编号？
【正 文】
第5页 CAP 1161 THE BANK OF TOKYO-MITSUBISHI (MERGER OF SUBSIDIARIES) ORDINANCE
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[接上页] Cap 1161 s 12 Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Mitsubishi Finance shall be admissible in evidence in respect of the same matter for or against BOT International. (2) In this section "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap 8). (Amended 2 of 1999 s. 6) (Enacted 1996) Cap 1161 s 13 Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of Mitsubishi Finance deemed to be vested in BOT International by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of BOT International. (2) For the purposes of section 20 of the Evidence Ordinance, banker's records which are deemed to have become the banker's records of BOT International by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of BOT International at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section, "banker's records" (银行纪录) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). (Enacted 1996) Cap 1161 s 14 Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the deemed vesting of any property and liabilities of Mitsubishi Finance in BOT International 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 day, shall, in relation to any registered securities transferred to, and vested in, BOT International 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 Mitsubishi Finance to BOT International; (b) any deed or other document made or executed on or after the appointed day, whereby BOT International or Mitsubishi Finance, 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 Mitsubishi Finance immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Mitsubishi Finance in that property is deemed to be vested in BOT International under this Ordinance; (c) where there is any other transaction or purported transaction by BOT International or Mitsubishi Finance on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of Mitsubishi Finance immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that BOT International has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (d) a joint certificate given by or on behalf of BOT International and Mitsubishi Finance before the appointed day, or a certificate given by or on behalf of BOT International on or after the appointed day, that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day are property or liabilities of Mitsubishi Finance) is at the date so specified deemed to be vested in BOT International under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (e) nothing in paragraphs (b) and (c) shall affect the liability of BOT International and Mitsubishi Finance to the other of them 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 (2)- "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) Nothing in this section applies to any property falling within section 15. (Enacted 1996) Cap 1161 s 15 Transfers governed otherwise than by law of Hong Kong Where the transfer and vesting of any property forming part of the undertaking of Mitsubishi Finance is governed otherwise than by the law of Hong Kong, Mitsubishi Finance shall, if BOT International so requires, so soon as is practicable after the appointed day, take all necessary steps for the purpose of securing the effective transfer or vesting thereof to or in BOT International and, pending such transfer or vesting, shall hold such property in trust for the BOT International. |
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