【法规名称】
【法规编号】 82299 什么是编号？
【正 文】
第2页 CAP 1137 LLOYDS BANK (MERGER) ORDINANCE
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[接上页] (Enacted 1985) Cap 1137 s 5 Trust property and wills (1) Any property deemed to be vested in Lloyds by virtue of this Ordinance which immediately before the appointed day was held by LBI, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Lloyds alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which (whether alone or by the operation of the Lloyds & Bolsa International Bank Act 1972 (1972 c. vi U.K.)) any property became vested in LBI in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, LBI of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein (whether original or by the operation of the Lloyds & Bolsa International Bank Act 1972 (1972 c. vi U.K.)) to LBI, other than a reference (however worded and whether express or implied) to terms and conditions of LBI or to a scale of fees of LBI, there were substituted a reference to Lloyds. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. (Enacted 1985) Cap 1137 s 6 Supplementary provisions Without prejudice to the generality of the foregoing provisions but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect with respect to matters within Hong Kong or subject to the laws of Hong Kong- (a) Every contract to which LBI is a party (whether in writing or not) shall have effect on and from the appointed day as if- (i) Lloyds had been a party thereto instead of LBI; (ii) for any reference (however worded and whether express or implied) to LBI there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Lloyds; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of LBI were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Lloyds or, as the case may require, to such director, officer or employee of Lloyds as Lloyds may appoint for that purpose or, in default of appointment, to the director, officer or employee of Lloyds who corresponds as nearly as may be to the first-mentioned director, officer or employee; and (iv) where the contract relates to property or liabilities which are for the time being only partly vested in Lloyds, the contract, to the extent to which it is enforceable by and against LBI, constituted two separate contracts, one of which is enforceable by and against Lloyds as regards the part of the property or liabilities so vested in it and not as regards the other part, and the other of which is enforceable by and against LBI as regards the part of the property or liabilities not so vested in Lloyds and not as regards the other part.(b) Paragraph (a)(ii) and (iii) shall apply to any statutory provision, to any provision of any existing contract to which LBI was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies: Provided that those sub-paragraphs shall not apply to any existing authorization or exemption under any enactment regulating the carrying on of the business of LBI.(c) Any account between LBI and a customer shall, on the appointed day, become an account between Lloyds and the customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account: Provided that nothing in this Ordinance shall affect any right of Lloyds 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 LBI (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 Lloyds. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, LBI, or payable at any place of business of LBI, 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 Lloyds, or were payable at the same place of business of Lloyds. |
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