【法规名称】
【法规编号】 82289 什么是编号？
【正 文】
第5页 CAP 1152 DAO HENG BANK LIMITED ORDINANCE
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[接上页] (2) No officer or employee of Dao Heng Bank who becomes an officer or employee of Hang Lung Bank by virtue of this Ordinance shall, by virtue only of this Ordinance, be entitled to participate in any pension fund of Hang Lung Bank, and no existing officer or employee of Hang Lung Bank shall, by virtue only of this Ordinance, be entitled to participate in the Dao Heng Bank Limited Staff Retirement Plan or any other pension fund of Dao Heng Bank. (Enacted 1990) Cap 1152 s 11 Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Dao Heng Bank shall be admissible in evidence in respect of the same matter for or against Hang Lung Bank. (2) In this section "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap 8). (Amended 2 of 1999 s. 6) (Enacted 1990) Cap 1152 s 12 Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of Dao Heng Bank deemed to be vested in Hang Lung Bank by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Hang Lung Bank. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of Hang Lung Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Hang Lung Bank at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (银行记录) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). (Enacted 1990) Cap 1152 s 13 Evidence of vesting and transfer (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting and transfer of any property and liabilities of Dao Heng Bank in Hang Lung Bank in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) a Government Printer's copy of this Ordinance, together with evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, Hang Lung Bank by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from Dao Heng Bank to Hang Lung Bank; (b) any deed or other document made or executed on or after the appointed day, whereby Hang Lung Bank or Dao Heng Bank, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by Dao Heng Bank immediately before the appointed day and forming part of the undertaking, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Dao Heng Bank in that property is deemed to be vested in Hang Lung Bank under this Ordinance; (c) where there is any other transaction or purported transaction by Hang Lung Bank or Dao Heng Bank on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of Dao Heng Bank immediately before that day and forming part of the undertaking, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Hang Lung Bank has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (d) a certificate given by or on behalf of Hang Lung 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 Dao Heng Bank) is or, as the case may be, is not, deemed to be vested in Hang Lung 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 Dao Heng Bank and Hang Lung 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). |
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