【法规名称】
【法规编号】 82295 什么是编号？
【正 文】
第4页 CAP 1142 DEUTSCHE BANK (MERGER) ORDINANCE
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[接上页] (Enacted 1988) Cap 1142 s 9 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 DB Asia shall be admissible in evidence in respect of the same matter for or against Deutsche 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 1988) Cap 1142 s 10 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 DB Asia deemed to be vested in Deutsche 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 Deutsche 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 Deutsche Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Deutsche 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" (银行纪录) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). (Enacted 1988) Cap 1142 s 11 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 DB Asia in Deutsche Bank in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) any document made or executed on or after the appointed day, whereby Deutsche Bank or DB Asia, 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 DB Asia immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of DB Asia in that property is deemed to be vested in Deutsche Bank under this Ordinance; (b) where there is any other transaction or purported transaction by Deutsche Bank or DB Asia on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of DB Asia immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Deutsche 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; (c) a joint certificate given by or on behalf of DB Asia and Deutsche Bank before the appointed day, or a certificate given by or on behalf of Deutsche Bank on or after the appointed day, that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day are property or liabilities of DB Asia) is at the date so specified deemed to be vested in Deutsche Bank under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (d) nothing in paragraphs (b) and (c) affects the liability of DB Asia and Deutsche 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; (e) in this section "convey" (转易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. (Enacted 1988) Cap 1142 s 12 Interests in land The deemed vesting in Deutsche Bank of an interest in land by virtue of this Ordinance shall not- (a) (Repealed 16 of 2004 s. 16) (b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. (Enacted 1988) Cap 1142 s 13 Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Deutsche Bank or DB Asia or any other subsidiary of Deutsche Bank or DB Asia from the provisions of any enactment regulating the carrying on of the business of any of them. (Enacted 1988) Cap 1142 s 14 Saving for companies Nothing in this Ordinance shall prejudice the powers of Deutsche Bank to alter its memorandum and articles of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of DB Asia to dispose of, or deal with, its property, security or liabilities before the appointed day. (Enacted 1988) Cap 1142 s 15 Saving Remarks: Adaptation amendments retroactively made - see 60 of 1999 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Enacted 1988. Amended 60 of 1999 s. 3) |
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