【法规名称】
【法规编号】 82293 什么是编号？
【正 文】
第3页 CAP 1144 RAINIER INTERNATIONAL BANK (TRANSFER OF HONG KONG UNDERTAKING) ORDINANCE
|
[接上页] (f) The custody of any document or record, goods or other thing held by Rainier as bailee shall pass to Daiwa on the appointed day, and the rights and obligations of Rainier under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Daiwa. (g) (i) Any security held immediately before the appointed day by Rainier, or by a nominee or agent of or trustee for Rainier, 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, Daiwa, and be available to Daiwa (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 Daiwa in accordance with the provisions of this Ordinance and any liabilities thereby secured, Daiwa shall be entitled to the rights and priorities and be subject to the obligations and incidents to which Rainier would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of sub-paragraph (ii), in any case where any existing liability subsists between Rainier and Daiwa in respect of which Rainier or Daiwa, or a nominee or agent of or trustee for Rainier or Daiwa holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting in Daiwa of the Hong Kong undertaking; (iv) any security referred to in sub-paragraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to Daiwa (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 future liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, Rainier or, as the case may be, Daiwa were secured thereby immediately before that day.(h) Where by virtue of this Ordinance any right or liability of Rainier is deemed to become a right or liability of Daiwa, Daiwa 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 Daiwa; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against Rainier may be continued by or against Daiwa. (i) Any judgment or award obtained by or against Rainier and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against Rainier, become enforceable by or against Daiwa. (Enacted 1988) Cap 1144 s 7 Contracts of employment (1) Section 6(a) shall apply to a contract for the employment of any person by Rainier; and employment with Rainier and Daiwa under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of Rainier shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Daiwa. (Enacted 1988) Cap 1144 s 8 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 Rainier shall be admissible in evidence in respect of the same matter for or against Daiwa. (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 1988) Cap 1144 s 9 Part III of Evidence Ordinance (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of Rainier deemed to be vested in Daiwa by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Daiwa. (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 Daiwa by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Daiwa 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" (银行纪录) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). (Enacted 1988) Cap 1144 s 10 Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting of any property and liabilities of Rainier in Daiwa in accordance with the provisions of this Ordinance. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！