【法规名称】
【法规编号】 82301 什么是编号？
【正 文】
第3页 CAP 1136 STANDARD CHARTERED ASIA LIMITED ORDINANCE
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[接上页] (h) where by virtue of this Ordinance any right or liability of MBFEL becomes a right or liability of SC Asia, SC Asia 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 SC Asia and any legal proceedings or applications to any authority pending immediately before the appointed day by or against MBFEL may be continued by or against SC Asia; and (i) any judgment or award obtained by or against MBFEL and not fully satisfied before the appointed day shall, to the extent to which it is enforceable by or against MBFEL, be enforceable by or against SC Asia. Cap 1136 s 8 Contracts of employment (1) Paragraph (a) of section 7 applies to a contract for the employment of any person by MBFEL; and employment with MBFEL and SC Asia under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director, secretary or auditor of MBFEL shall by virtue only of this Ordinance become a director, secretary or, as the case may be, auditor of SC Asia. Cap 1136 s 9 Evidence and records and documents (1) All records and other documents which would, before the appointed day, have been evidence in respect of any matter for or against MBFEL shall be admissible in evidence in respect of the same matter for or against SC Asia. (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 1136 s 10 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 MBFEL vested in SC Asia 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 SC Asia. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which become the banker's records of SC Asia by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of SC Asia 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 1136 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 the property and liabilities of MBFEL in SC Asia in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1), any document made or executed on or after the appointed day whereby SC Asia, 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 MBFEL immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of MBFEL in such property became vested in SC Asia by virtue of this Ordinance. (3) Nothing in this section applies to any property falling within section 3(3) of this Ordinance. Cap 1136 s 12 Vesting of interests in land The vesting in SC Asia of an interest in land by virtue of this Ordinance shall not- (a) (Repealed 16 of 2004 s. 16) (b) constitute an assignment, transfer, devolution, parting with possession or other disposition of that interest for the purposes of any provision relating to assignment, transfer, devolution, parting with possession or other disposition contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. Cap 1136 s 13 Saving for SC Asia Nothing in this Ordinance shall derogate from or prejudice the powers of SC Asia to alter its memorandum and articles of association or to dispose of, or deal with, its assets or to carry on or discontinue its business or any part thereof. Cap 1136 s 14 Saving for enactments concerning financial institutions Save as expressly provided in this Ordinance, nothing in this Ordinance shall exempt MBFEL or SC Asia from the provisions of any enactment regulating the carrying on of the business of either of them. Cap 1136 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. (Amended 60 of 1999 s. 3) Cap 1136 s 16 Costs of Ordinance The costs, charges and expenses preliminary to, and of and incidental to, the preparing for, obtaining and passing of this Ordinance, or otherwise in relation thereto, shall be paid by SC Asia. |
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