【法规名称】
【法规编号】 82297 什么是编号？
【正 文】
第2页 CAP 1138 ROYAL BANK OF SCOTLAND ORDINANCE
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[接上页] "subsidiary" (附属公司) has the meaning given by section 2(4) of the Companies Ordinance (Cap 32); "undertaking" (业务) when used in relation to Royal Bank of Scotland means the business and all existing property and all existing liabilities of Royal Bank of Scotland; and "will" (遗属) includes a codicil, a trust disposition and settlement, any other testamentary writing and any deed, disposition, contract, instrument or writing taking effect on the death of any person whereby any part of his estate is disposed of, or under which a succession thereto arises. (2) References in this Ordinance to property and liabilities of Royal Bank of Scotland are references to all property vested in or belonging to or held by Royal Bank of Scotland and all liabilities to which Royal Bank of Scotland is subject, whether beneficially or in any fiduciary capacity and whether or not capable of being transferred or assigned by Royal Bank of Scotland. (3) Any reference in this Ordinance to property or liabilities of Royal Bank of Scotland is a reference to property or, as the case may be, to liabilities of Royal Bank of Scotland whether situated in Hong Kong or elsewhere. (4) Any reference in this Ordinance to rights or liabilities of Royal Bank of Scotland is a reference to rights to which Royal Bank of Scotland is entitled or, as the case may be, to liabilities to which Royal Bank of Scotland is subject, whether under the law of Hong Kong or under the law of any country or territory outside Hong Kong. Cap 1138 s 3 Appointed day (1) The directors of the Bank may appoint a day for the purposes of this Ordinance: Provided that any day appointed under this section shall not be before a licence has been granted to the Bank under section 7 of the Banking Ordinance (Cap 155). (2) Not less than 14 days before the day appointed under this section the Bank shall publish in the Gazette a notice stating the day so appointed. (3) The publication of notice under subsection (2) shall be conclusive evidence of a day being the appointed day for the purposes of this Ordinance, and a photostatic or other reproduction of a page or part of a page of the Gazette containing the notice certified by an authorized representative of the Bank shall be evidence of the publication of the notice. ____________________________________________________________________________________________ Note: 30 September 1985 has been appointed as the day referred to in section 3(1)-see notice in page PN3615 of Gazette Supplement No. 6 of 13 September 1985. Cap 1138 s 4 Transfer of undertaking of Royal Bank of Scotland to the Bank On the appointed day that part of the undertaking of Royal Bank of Scotland which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of Royal Bank of Scotland shall, by virtue of this Ordinance and without further act or deed, be transferred to, and vest in, the Bank to the intent that the Bank shall succeed to such part of the undertaking of Royal Bank of Scotland as if in all respects the Bank were the same person in law as Royal Bank of Scotland. Cap 1138 s 5 Provisions as to contracts, etc., and enactments (1) Without prejudice to the generality of any other provision of this Ordinance but subject to any provision in this Ordinance to the contrary effect, the following provisions of this section shall have effect for the purposes of section 4. (2) All existing contracts, agreements, certificates, awards, conveyances, deeds, leases, licences, notices, permits, guarantees, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to Royal Bank of Scotland (whether alone or with any other person and whether as principal or agent and whether in writing or not) shall be construed and have effect on and from the appointed day as if- (a) instead of Royal Bank of Scotland, the Bank had been the person by whom they were entered into, with whom they were made, to or by whom they were given or to whom they were addressed (as the case may be); (b) for any reference (however worded and whether express or implied) to Royal Bank of Scotland there were substituted, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the Bank; and (c) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Royal Bank of Scotland were, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the directors of the Bank or, as the case may require, to such director, officer or employee of the Bank as the Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of the Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee.(3) Any existing deed or other instrument or document and any existing contract, agreement or undertaking not in writing (other than one to which subsection (2) applies or a will) in which there is a reference (however worded and whether express or implied) to Royal Bank of Scotland or to the directors or to any director, officer or employee of Royal Bank of Scotland shall be construed and have effect on and from the appointed day as if- |
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