【法规名称】
【法规编号】 82287 什么是编号？
【正 文】
第2页 CAP 1154 MIDDLE EAST FINANCE INTERNATIONAL LIMITED (TRANSFER OF UNDERTAKING) ORDINANCE
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[接上页] (2) Where the vesting of any property situate in any country or territory outside Hong Kong and forming part of the undertaking is governed otherwise than by the law of Hong Kong, MEFIL shall, if Emirates Bank so requires, so soon as is practicable after the appointed day, take all necessary steps for securing the effective vesting thereof in Emirates Bank and, pending such vesting, MEFIL shall hold any such property in trust for Emirates Bank. (Enacted 1992) Cap 1154 s 6 Trust property and wills (1) Any property vested in Emirates Bank by virtue of this Ordinance which immediately before the appointed day was held by MEFIL, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement, will, or other instrument (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), 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 Emirates Bank 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 MEFIL, 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, MEFIL 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 MEFIL there were substituted a reference to Emirates Bank. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. (Enacted 1992) Cap 1154 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, 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 MEFIL (whether alone or with any other person and whether as principal or agent and whether in writing or not), other than those entered into, made, given to or by or addressed to MEFIL in relation to the excluded property and the agreement by Emirates Bank to pay the purchase consideration for the undertaking to MEFIL shall be construed and have effect on and from the appointed day as if- (i) Emirates Bank had been a party thereto instead of MEFIL; (ii) for any reference (however worded and whether express or implied) to MEFIL there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Emirates Bank; and (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of MEFIL were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Emirates Bank or, as the case may require, to such director, officer or employee of Emirates Bank as Emirates Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Emirates Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee.(b) Paragraph (a)(ii) shall, subject to the provisions of section 15, apply to any statutory provision, to any provision of any existing contract to which MEFIL 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. (c) Each account between MEFIL and a customer shall, on the appointed day, be transferred to Emirates Bank and become an account between Emirates Bank and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account; provided that nothing in this Ordinance shall affect any right of Emirates Bank or of any customer to vary the conditions or incidents subject to which any account is kept. (d) Each existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to MEFIL, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to Emirates Bank or, as the case may be, to Emirates Bank jointly with such other person. |
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