【法规名称】
【法规编号】 82285 什么是编号？
【正 文】
第2页 CAP 1160 BANK OF TOKYO-MITSUBISHI ORDINANCE
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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 1160 s 3 Notice of appointed day Mitsubishi Bank shall give notice in the Gazette of the day expected to be the appointed day save that, in the event that such day proves not to be the appointed day for any reason, Mitsubishi Bank shall give notice in the Gazette to that effect and shall again give notice in the Gazette of the next day expected to be the appointed day or, as the case may be, Bank of Tokyo-Mitsubishi shall give notice in the Gazette of the day which was the appointed day. (Enacted 1996) Cap 1160 s 4 Recognition of vesting of Bank of Tokyo's undertaking in Bank of Tokyo-Mitsubishi On the appointed day that part of the undertaking of Bank of Tokyo which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of Bank of Tokyo shall be deemed for the purpose of Hong Kong law to be transferred to, and vest in, Bank of Tokyo-Mitsubishi to the intent that Bank of Tokyo-Mitsubishi shall succeed to such part of the undertaking of Bank of Tokyo as if in all respects Bank of Tokyo-Mitsubishi were the same person in law as Bank of Tokyo. (Enacted 1996) Cap 1160 s 5 Trust property and wills (1) Any property deemed to be vested in Bank of Tokyo-Mitsubishi by virtue of this Ordinance which immediately before the appointed day was held by Bank of Tokyo, 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 Bank of Tokyo-Mitsubishi 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 Bank of Tokyo 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, Bank of Tokyo 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 Bank of Tokyo there were substituted a reference to Bank of Tokyo-Mitsubishi. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. (Enacted 1996) Cap 1160 s 6 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 with respect to matters within Hong Kong or subject to the laws of Hong Kong- (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 Bank of Tokyo (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- (i) Bank of Tokyo-Mitsubishi had been a party thereto instead of Bank of Tokyo; (ii) for any reference (however worded and whether express or implied) to Bank of Tokyo there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Bank of Tokyo-Mitsubishi; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Bank of Tokyo were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Bank of Tokyo-Mitsubishi or, as the case may require, to such director, officer or employee of Bank of Tokyo-Mitsubishi as Bank of Tokyo-Mitsubishi may appoint for that purpose or, in default of appointment, to the director, officer or employee of Bank of Tokyo-Mitsubishi who corresponds as nearly as may be to the first-mentioned director, officer or employee: Provided that this paragraph shall not apply to the merger agreement or any agreement expressed to be made pursuant or supplemental thereto.(b) Paragraph (a)(ii) shall, subject to the provisions of section 16, apply to any statutory provision, to any provision of any existing contract to which Bank of Tokyo was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies: |
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