【法规名称】
【法规编号】 82297 什么是编号？
【正 文】
第6页 CAP 1138 ROYAL BANK OF SCOTLAND ORDINANCE
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[接上页] (2) In this section "documents" (文件) shall be construed in accordance with section 46 of the Evidence Ordinance (Cap 8). (Amended 2 of 1999 s. 6) Cap 1138 s 14 Evidence of transfer (1) The production of a Government Printer's copy of this Ordinance, and such evidence of publication of notice of the appointed day as is specified in section 3(3), shall, for all purposes, be conclusive evidence of the transfer of the undertaking of Royal Bank of Scotland to the Bank and of the vesting thereof in the Bank in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of the foregoing- (a) a Government Printer's copy of this Ordinance, together with such evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, the Bank by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from Royal Bank of Scotland to the Bank; (b) any deed or other instrument or document made or executed on or after the appointed day whereby the Bank, whether alone or jointly with any other person, conveys, transfers or assigns, or purports to convey, transfer or assign, to any person (whether for consideration or not), or applies to be registered as the holder, proprietor or owner of, any property held by Royal Bank of Scotland immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Royal Bank of Scotland in such property became vested in the Bank by virtue of this Ordinance.(3) In subsection (2) "registered securities" (注册证券) means shares, stocks, debentures, loans, bonds, units of a unit trust scheme or other shares of the investments subject to the trusts of such scheme, and other securities of any description which are transferable and the holders of which are entered in a register (whether maintained in Hong Kong or not). Cap 1138 s 15 Reserves and profits and losses transferred (1) For the purposes of section 4, on and from the appointed day, and by virtue of this Ordinance- (a) every existing reserve of Royal Bank of Scotland shall be transferred to and for all purposes be and become a reserve of the Bank; and (b) the amount, description and character of every reserve of the Bank which shall come into being pursuant to paragraph (a) shall be the same in all respects as those of the corresponding existing reserve immediately before the appointed day, and all enactments and rules of law shall apply to or in respect of every such reserve of the Bank in the same manner in all respects as they applied to or in respect of the corresponding existing reserve immediately before the appointed day.(2) Every reference in subsection (1) to an existing reserve shall include a reference to any reserve or similar provision, irrespective of its name or designation (and whether the amount thereof be positive or negative in nature). (3) Without prejudice to the generality of subsection (1), any profits or losses of Royal Bank of Scotland earned or incurred after the beginning of the financial year in which the appointed day shall occur, shall, on and from the appointed day, and by virtue of this Ordinance, be treated for all purposes as profits or, as the case may be, losses, of the Bank. (4) In subsection (3), "financial year" (财政年度) has the meaning assigned to it by section 2(1) of the Companies Ordinance (Cap 32). Cap 1138 s 16 Transfer of interests in land and other property It is hereby declared that the transfer and vesting of any property to and in the Bank by virtue of this Ordinance shall not- (a) constitute an acquisition of a right to occupy premises for the purposes of section 53(4) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (Amended 16 of 2004 s. 16) (b) constitute an assignation, assignment, transfer, devolution, parting with possession or other disposition of property or of an interest in property for the purposes of any provision relating to assignation, assignment, transfer, devolution, parting with possession or other disposition contained in any deed or other instrument or document concerning that property or that interest; or (c) operate as a breach of covenant or condition against alienation; or (d) give rise to any forfeiture; or (e) invalidate or discharge any contract or security; or (f) operate so as to merge any leasehold interest in the reversion which is expectant thereon:Provided that nothing in this section shall exempt Royal Bank of Scotland or the Bank from the provisions of the Stamp Duty Ordinance (Cap 117). Cap 1138 s 17 Completion and deduction of title to property To enable the Bank to complete a title, if thought fit, to any property transferred to it and vested in it by virtue of this Ordinance by notice of title, deed, instrument or otherwise, or to deduce title, this Ordinance shall be deemed to be, and may be used as, an assignment or assignation, conveyance, transfer or, as the case may be, general disposition of such property in favour of the Bank. |
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