【法规名称】
【法规编号】 82289 什么是编号？
【正 文】
第4页 CAP 1152 DAO HENG BANK LIMITED ORDINANCE
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[接上页] (iv) any security referred to in subparagraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, 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 future advances and liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, Dao Heng Bank or, as the case may be, Hang Lung Bank were secured thereby immediately before that day.(h) Where by virtue of this Ordinance any right or liability of Dao Heng Bank is deemed to become a right or liability of Hang Lung Bank, Hang Lung Bank and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Hang Lung Bank; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against Dao Heng Bank may be continued by or against Hang Lung Bank. (i) Any judgement or award obtained by or against Dao Heng Bank and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against Dao Heng Bank, become enforceable by or against Hang Lung Bank. (j) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by Dao Heng Bank, whether alone or with others, before the appointed day. (Enacted 1990) Cap 1152 s 8 Accounting treatment of Dao Heng Bank and Hang Lung Bank (1) On and from the appointed day, by virtue of this Ordinance and notwithstanding the provisions of any other Ordinance- (a) the balance sheets and profit and loss accounts of Dao Heng Bank and Hang Lung Bank for the accounting period of each company in which the appointed day falls shall be prepared in all respects as if the undertaking had vested in Hang Lung Bank pursuant to section 5 on the first day of such accounting period of Dao Heng Bank; (b) every existing reserve of Dao Heng Bank (except the excluded reserves) shall be transferred to and for all purposes be and become a reserve of Hang Lung Bank; (c) the amount, description and character of every reserve of Hang Lung Bank which shall come into being pursuant to paragraph (b) shall be the same in all respects as those of the corresponding existing reserve immediately before such appointed day, and all enactments and rules of law shall apply to or in respect of every such reserve of Hang Lung Bank in the same manner in all respects as they applied to or in respect of the corresponding existing reserve immediately before the appointed day; and (d) all property comprising interests in land and buildings forming part of the undertaking shall, for the purposes of preparing the balance sheet of Hang Lung Bank, be deemed to have been acquired by Hang Lung Bank at a value equal to the independent valuation of such property as at 11 October 1989 obtained by Dao Heng Bank adjusted to take account of capital expenditure and depreciation charges thereon up to and including the day immediately preceding the appointed day.(2) Every reference in subsection (1) to an existing reserve shall include a reference to any reserve or similar provision, irrespective of its name or designation (and whether the amount thereof be positive or negative in nature) and, without prejudice to the generality of the foregoing, every such reference shall include a reference to any sums standing to the credit (or debit) of any profit and loss account. (3) Without prejudice to the generality of subsection (1), any profits or losses of Dao Heng Bank earned or incurred after the beginning of the financial year of Dao Heng Bank in which the appointed day shall occur, shall, on and from the appointed day, and by virtue of this Ordinance, be treated for all purposes as profits or, as the case may be, losses, of Hang Lung Bank. (Enacted 1990) Cap 1152 s 9 Contracts of employment (1) Section 7(a) shall apply to a contract for the employment of any person by Dao Heng Bank; and employment with Dao Heng Bank and Hang Lung Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of Dao Heng Bank shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Hang Lung Bank. (Enacted 1990) Cap 1152 s 10 Pensions (1) The trust deed and rules constituting or relating to the fund established in Hong Kong and known as the Dao Heng Bank Limited Staff Retirement Plan 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 Dao Heng Bank there were substituted a reference to Hang Lung Bank. |
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