【法规名称】
【法规编号】 82293 什么是编号？
【正 文】
第2页 CAP 1144 RAINIER INTERNATIONAL BANK (TRANSFER OF HONG KONG UNDERTAKING) ORDINANCE
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[接上页] (Enacted 1988) ____________________________________________________________________________________________ Note: See notice on page PN3432 of Gazette Supplement No. 6 of 15 July 1988. The appointed day was in the event 18 July 1988. Cap 1144 s 4 Recognition of vesting of Rainier's Hong Kong undertaking in Daiwa On the appointed day the Hong Kong undertaking shall be deemed for the purpose of Hong Kong law to be transferred to, and vest in, Daiwa to the intent that Daiwa shall succeed to the Hong Kong undertaking. (Enacted 1988) Cap 1144 s 5 Trust property and wills (1) Any property deemed to be vested in Daiwa by virtue of this Ordinance which immediately before the appointed day was held by Rainier, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (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 Daiwa 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 deemed to be vested in Daiwa by virtue of this Ordinance became vested in Rainier in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereon, and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, Rainier 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 Rainier there were substituted a reference to Daiwa. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. (Enacted 1988) Cap 1144 s 6 Supplementary provisions Without prejudice to the generality of the foregoing provisions but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect with respect to the Hong Kong undertaking with respect to matters within Hong Kong or subject to the laws of Hong Kong- (a) Every contract to which Rainier is a party (whether in writing or not) shall have effect on and from the appointed day as if- (i) Daiwa had been a party thereto instead of Rainier; (ii) for any reference (however worded and whether express or implied) to Rainier there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Daiwa; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Rainier were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Daiwa or, as the case may require, to such director, officer or employee of Daiwa as Daiwa may appoint for that purpose or, in default of appointment, to the director, officer or employee of Daiwa who corresponds as nearly as may be to the first-mentioned director, officer or employee: Provided that paragraph (a) shall not apply to the Agreement or any agreement expressed to be made pursuant or supplemental thereto.(b) Sub-paragraph (a)(ii) shall apply to any statutory provision, to any provision of any existing contract to which Rainier 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: Provided that such sub-paragraph shall not apply to any existing authorization or exemption under any enactment regulating the carrying on of the business of Rainier.(c) Any account between Rainier and a customer shall, on the appointed day, become an account between Daiwa 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 Daiwa or of the 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 given to Rainier (whether in writing or not and whether or not in relation to an account) shall have effect, on and from the appointed day, as if given to Daiwa. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, Rainier, or payable at any place of business of Rainier, 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 Daiwa, or were payable at the same place of business of Daiwa. |
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