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[接上页] (d) a certificate given by or on behalf of Emirates Bank at any time that any property or liability specified in the certificate (which property or liability immediately before the appointed day is the property or liability of MEFIL) is or, as the case may be, is not, deemed to be vested in Emirates Bank under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified.(3) Nothing in subsection (2)(c) or (d) shall affect the liability of MEFIL and Emirates Bank 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. (4) In subsection (2)- (a) "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); and (b) "convey" (转让) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure.(5) Nothing in this section applies to any property falling within section 5(2). (Enacted 1992) Cap 1154 s 14 Interests in land The vesting in Emirates Bank of an interest in land by virtue of this Ordinance shall not- (a) constitute the acquisition, assignment, transfer or parting with possession of that interest for the purposes of section 53(4)(a) or 53(7)(a) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (Amended 16 of 2004 s. 16) (b) operate so as to merge any leasehold interest in the reversion expectant on it; 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. (Enacted 1992) Cap 1154 s 15 Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt MEFIL or Emirates Bank or any subsidiary from the provisions of any enactment regulating the carrying on of the business of any of them. (Enacted 1992) Cap 1154 s 16 Saving for companies Nothing in this Ordinance shall prejudice the powers of Emirates Bank to alter its memorandum and articles of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of MEFIL to dispose of, or deal with, its property, security or liabilities before the appointed day. (Enacted 1992) Cap 1154 s 17 Saving Remarks: Adaptation amendments retroactively made - see 60 of 1999 s. 3 (1) 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 persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Amended 60 of 1999 s. 3) (2) Nothing in this Ordinance shall affect the liability of Emirates Bank to pay the purchase consideration for the undertaking to MEFIL. (Enacted 1992) |