【法规名称】
【法规编号】 82295 什么是编号？
【正 文】
第3页 CAP 1142 DEUTSCHE BANK (MERGER) ORDINANCE
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[接上页] Provided that nothing in this Ordinance shall affect any right of Deutsche Bank 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 DB Asia (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 Deutsche Bank. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, DB Asia, or payable at any place of business of DB Asia, whether so drawn, given, accepted or endorsed before, on or after 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 Deutsche Bank, or were payable at the same place of business of Deutsche Bank. (f) The custody of any document or record, goods or other thing held by DB Asia as bailee shall pass to Deutsche Bank on the appointed day, and the rights and obligations of DB Asia under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Deutsche Bank. (g) (i) Any security held immediately before the appointed day by DB Asia, or by a nominee or agent of or trustee for DB Asia, 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, Deutsche Bank, and be available to Deutsche 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 Deutsche Bank in accordance with the provisions of this Ordinance and any liabilities thereby secured, Deutsche Bank shall be entitled to the rights and priorities and be subject to the obligations and incidents to which DB Asia 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 DB Asia and Deutsche Bank in respect of which DB Asia or Deutsche Bank, or a nominee or agent of or trustee for DB Asia or Deutsche Bank holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting in Deutsche Bank of the 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 Deutsche 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 future liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, DB Asia or, as the case may be, Deutsche Bank were secured thereby immediately before that day.(h) Where by virtue of this Ordinance any right or liability of DB Asia is deemed to become a right or liability of Deutsche Bank, Deutsche 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 Deutsche Bank; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against DB Asia may be continued by or against Deutsche Bank. (i) Any judgment or award obtained by or against DB Asia and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against DB Asia, become enforceable by or against Deutsche Bank. (Enacted 1988) Cap 1142 s 7 Contracts of employment (1) Section 6(a) shall apply to a contract for the employment of any person by DB Asia; and employment with DB Asia and Deutsche Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of DB Asia shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Deutsche Bank. (Enacted 1988) Cap 1142 s 8 Pensions (1) The trust deeds and rules constituting or relating to the fund scheme established in Hong Kong and known as the Deutsche Bank (Asia) Aktiengesellschaft Hong Kong Branch Local Staff Provident Fund Scheme 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 DB Asia there were substituted a reference to Deutsche Bank. (2) No officer or employee of DB Asia who becomes an officer or employee of Deutsche Bank by virtue of this Ordinance shall by virtue of this Ordinance be entitled to participate in any pension fund of Deutsche Bank, and no existing officer or employee of Deutsche Bank shall, by virtue of this Ordinance, be entitled to participate in any pension fund of DB Asia or the Deutsche Bank (Asia) Aktiengesellschaft Hong Kong Branch Local Staff Provident Fund Scheme. |
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