【法规名称】
【法规编号】 82299 什么是编号？
【正 文】
第3页 CAP 1137 LLOYDS BANK (MERGER) ORDINANCE
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[接上页] (f) The custody of any document or record, goods or other thing held by LBI as bailee shall pass to Lloyds on the appointed day, and the rights and obligations of LBI under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Lloyds. (g) (i) Any security held immediately before the appointed day by LBI, or by a nominee or agent of or trustee for LBI, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, Lloyds, and be available to Lloyds (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to any security vested in Lloyds in accordance with the provisions of this Ordinance and any liabilities thereby secured, Lloyds shall be entitled to the rights and priorities and be subject to the obligations and incidents to which LBI would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of sub-paragraph (ii), in any case where any existing liability subsists between LBI and Lloyds in respect of which LBI or Lloyds, or a nominee or agent of or trustee for LBI or Lloyds, holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting in Lloyds of the undertaking or any part thereof; (iv) any security referred to in sub-paragraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to Lloyds (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and future liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, LBI or, as the case may be, Lloyds were secured thereby immediately before that day.(h) Where by virtue of this Ordinance any right or liability of LBI is deemed to become a right or liability of Lloyds, Lloyds 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, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Lloyds; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against LBI may be continued by or against Lloyds. (i) Any judgment or award obtained by or against LBI and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against LBI, become enforceable by or against Lloyds. (Enacted 1985) Cap 1137 s 7 Contracts of employment (1) Section 6(a) shall apply to a contract for the employment of any person by LBI; and employment with LBI and Lloyds under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director, secretary or auditor of LBI shall by virtue only of this Ordinance become a director, secretary or, as the case may be, auditor of Lloyds. (Enacted 1985) Cap 1137 s 8 Pensions (1) The trust deeds and rules constituting or relating to the fund established in Hong Kong and known as the Lloyds Bank International Limited Staff Provident 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 to LBI there were substituted a reference to Lloyds. (2) No officer or employee of LBI who becomes an officer or employee of Lloyds by virtue of this Ordinance shall by virtue of this Ordinance be entitled to participate in any pension fund of Lloyds, and no existing officer or employee of Lloyds shall, by virtue of this Ordinance, be entitled to participate in any pension fund of LBI or the Lloyds Bank International Limited Staff Provident Fund. (Enacted 1985) Cap 1137 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 LBI shall be admissible in evidence in respect of the same matter for or against Lloyds. (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 1985) Cap 1137 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 LBI deemed to be vested in Lloyds by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Lloyds. (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 Lloyds by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Lloyds 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. |
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