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[接上页] (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). (Enacted 1985) Cap 1137 s 11 Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting of any property and liabilities of LBI in Lloyds in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) any document made or executed on or after the appointed day, whereby Lloyds or LBI, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by LBI immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of LBI in that property- (i) in the case of such a document referring to the property as property held by Lloyds, is deemed to be vested in Lloyds under this Ordinance; and (ii) in the case of such a document referring to the property as property held by LBI, is not deemed to be vested in Lloyds under this Ordinance;(b) where there is any other transaction by Lloyds or LBI on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of LBI immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Lloyds or, as the case may be, LBI has full power and authority for that transaction as if- (i) in the case of a transaction by Lloyds, the property or liabilities were deemed to be vested in it under this Ordinance; and (ii) in the case of a transaction by LBI, the property or liabilities were not deemed to be vested in Lloyds under this Ordinance;(c) a joint certificate given by or on behalf of LBI and Lloyds, whether given before, on or after the appointed day, that any property or liabilities specified in the certificate is or is not at the date so specified deemed to be vested in Lloyds under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (d) nothing in paragraphs (b) and (c) affects the liability of LBI or Lloyds to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities; (e) in this section "convey" (转易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. (Enacted 1985) Cap 1137 s 12 Interests in land The deemed vesting of an interest in land by or under this Ordinance shall not- (a) (Repealed 16 of 2004 s. 16) (b) constitute an assignment, transfer, devolution, alienation, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; (c) give rise to any forfeiture; (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. (Enacted 1985) Cap 1137 s 13 Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Lloyds or LBI or any other subsidiary of Lloyds from the provisions of any enactment regulating the carrying on of the business of any of them. (Enacted 1985) Cap 1137 s 14 Saving for companies Nothing in this Ordinance shall prejudice the powers of Lloyds to alter its memorandum and articles of association or to dispose of, or deal with, its assets or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of LBI to dispose of, or deal with, its assets before the appointed day. (Enacted 1985) Cap 1137 s 15 Saving Remarks: Adaptation amendments retroactively made - see 60 of 1999 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Enacted 1985. Amended 60 of 1999 s. 3) |