【法规名称】
【法规编号】 82297 什么是编号？
【正 文】
第5页 CAP 1138 ROYAL BANK OF SCOTLAND ORDINANCE
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[接上页] Cap 1138 s 8 Contracts of employment (1) Section 5(2) shall apply to a contract for the employment of any person by Royal Bank of Scotland and employment by Royal Bank of Scotland and the Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director, secretary or auditor of Royal Bank of Scotland shall, by virtue only of this Ordinance, become a director, secretary or, as the case may be, auditor of the Bank. Cap 1138 s 9 Retirement fund (1) In this section "the fund" (该基金) means the group retirement benefit fund established in Hong Kong by policy number GPC-1093 issued by American International Assurance Company Limited to Royal Bank of Scotland. (2) For the purposes of section 4 and without prejudice to the generality of any other provision of this Ordinance, the policies, rules, regulations and instruments constituting or relating to the fund shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein, express or implied, to Royal Bank of Scotland (except in the name or title of the fund) there were substituted a reference to the Bank, but for the purpose of ascertaining and calculating the right to benefits under the fund, service or employment with Royal Bank of Scotland prior to the appointed day shall be taken into account as if it were service or employment with the Bank. Cap 1138 s 10 Claims, actions, etc., not to abate (1) Where by virtue of this Ordinance any right or liability of Royal Bank of Scotland becomes a right or liability of the Bank, the 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, claiming, perfecting or enforcing that right or liability as if it had at all times been a right or liability of the Bank; and any claim (including any contingent claim), action, arbitration or proceeding and any cause of action, arbitration or proceeding and any application to any authority which shall, immediately before the appointed day, be pending or existing by, against or in favour of Royal Bank of Scotland shall not abate or be discontinued or in any way prejudicially affected by reason of the provisions of this Ordinance, but the same may, on and from the appointed day, only be made, continued, prosecuted and enforced by or against or in favour of the Bank as and when it might have been made, continued, prosecuted and enforced by or against or in favour of Royal Bank of Scotland if this Ordinance had not been passed. (2) Any judgment, decree, order or award obtained by or against Royal Bank of Scotland and not fully satisfied before the appointed day, shall, to the extent to which it is enforceable by or against Royal Bank of Scotland, only be enforceable, on and from the appointed day, by or against the Bank. (3) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by Royal Bank of Scotland, whether alone or with others, before the appointed day. Cap 1138 s 11 Application of 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 Royal Bank of Scotland transferred to the Bank by virtue of this Ordinance, and to entries made therein before the appointed day, as if such banker's records were the banker's records of the Bank. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records so transferred to the Bank shall be deemed to have been the ordinary banker's records of the 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). Cap 1138 s 12 Transfers governed otherwise than by law of Hong Kong Where the transfer and vesting of any property forming part of the undertaking of Royal Bank of Scotland is governed otherwise than by the law of Hong Kong, Royal Bank of Scotland shall, if the Bank so requires, so soon as is practicable after the appointed day, take all necessary steps for the purpose of securing the effective transfer or vesting thereof to or in the Bank and, pending such transfer or vesting, shall hold any such property in trust for the Bank. Cap 1138 s 13 Records and other documents to remain evidence (1) All records and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Royal Bank of Scotland shall on and from the appointed day be admissible in evidence in respect of the same matter for or against the Bank. |
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