【法规名称】
【法规编号】 82289 什么是编号？
【正 文】
第3页 CAP 1152 DAO HENG BANK LIMITED ORDINANCE
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[接上页] (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. (Enacted 1990) Cap 1152 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 Dao Heng Bank (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 Dao Heng Bank in relation to the excluded property (save in respect of the issued share capital of Hang Lung Bank), shall be construed and have effect on and from the appointed day as if- (i) Hang Lung Bank had been a party thereto instead of Dao Heng Bank; (ii) for any reference (however worded and whether express or implied) to Dao Heng Bank there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Hang Lung Bank; and (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Dao Heng Bank were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Hang Lung Bank or, as the case may require, to such director, officer or employee of Hang Lung Bank as Hang Lung Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Hang Lung 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 Dao Heng Bank 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) Any account between Dao Heng Bank and a customer shall, on the appointed day, be transferred to Hang Lung Bank and become an account between Hang Lung 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 Hang Lung Bank or of any customer to vary the conditions or incidents subject to which any account is kept. (d) Any 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 Dao Heng Bank, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to Hang Lung Bank or, as the case may be, to Hang Lung Bank jointly with such other person. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, Dao Heng Bank, or payable at any place of business of Dao Heng Bank, whether so drawn, given, accepted or endorsed before, or on the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by Hang Lung Bank, or were payable at the same place of business of Hang Lung Bank. (f) The custody of any document or record, goods or other thing held by Dao Heng Bank as bailee shall pass to Hang Lung Bank on the appointed day, and the rights and obligations of Dao Heng Bank under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Hang Lung Bank. (g) (i) Any security held immediately before the appointed day by Dao Heng Bank, or by a nominee or agent of or trustee for Dao Heng Bank, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, Hang Lung Bank, and be available to Hang Lung Bank (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to any security vested in Hang Lung Bank in accordance with the provisions of this Ordinance and any liabilities thereby secured, Hang Lung Bank shall be entitled to the rights and priorities and be subject to the obligations and incidents to which Dao Heng Bank would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between Dao Heng Bank and Hang Lung Bank in respect of which Dao Heng Bank or Hang Lung Bank, or a nominee or agent of or trustee for Dao Heng Bank or Hang Lung Bank holds security, that liability shall, for the purpose of enforcing or realising that security, be deemed to continue in effect notwithstanding the vesting of the undertaking in Hang Lung Bank; |
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