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[接上页] (4) Where a notice of disclaimer is given under subsection (3) with respect to an agreement or lease, the agreement shall be deemed to be frustrated or, as the case may be, the lease shall be deemed to be surrendered on the date on which the notice of disclaimer becomes final, and for that reason the parties thereto shall be deemed to be discharged from the further performance of their obligations under the agreement or lease. (5) Where an agreement is deemed to be frustrated by virtue of subsection (4), section 17 of the Law Amendment and Reform (Consolidation) Ordinance (Cap 23) shall not apply to that agreement. (Enacted 1985) Cap 379 s 7 (Repealed 80 of 1993 s. 8) Cap 379 s 8 Guarantee by Government (1)-(2) (Repealed 80 of 1993 s. 5) (3) Any guarantee given by the Financial Secretary under this section prior to the commencement of the Overseas Trust Bank (Acquisition) (Amendment) Ordinance 1993 (80 of 1993) shall cease to have effect upon such commencement. (Added 80 of 1993 s. 5) (Enacted 1985) Cap 379 s 9 Compensation (1) (Repealed 80 of 1993 s. 6) (2) Any person who suffers loss by reason of the operation of section 4, the cessation of any right under section 5 or the disclaimer of a transaction under section 6(3) shall, in accordance with any regulations under section 10 read with subsection (3), be entitled to compensation in respect of such loss. (3) The following matters may be prescribed- (a) the manner of determining the amount of compensation payable under subsection (2); (b) the factors to be taken into account or disregarded, and the principles to be applied in determining such amount; (c) the time and manner of payment of such compensation; (d) whether and what interest shall be payable in respect of such compensation; (e) the denial of compensation under subsection (2) to any former director who has engaged in any transaction which could be disclaimed under section 6(3) if it were in whole or in part unperformed or unexpired; (f) any matter incidental to the matters specified in subsection (2) or paragraphs (a) to (e). (Amended 80 of 1993 s. 6) (Enacted 1985) Cap 379 s 10 Power to make regulations (1) The Financial Secretary may make regulations- (a) prescribing anything that may be prescribed under this Ordinance; and (b) (Repealed 80 of 1993 s. 7) (c) providing for the better carrying into effect of the purposes and provisions of this Ordinance.(2) Regulations under subsection (1) shall have effect notwithstanding anything to the contrary in the Companies Ordinance (Cap 32), the Banking Ordinance (Cap 155) and the memorandum and articles of association of the company or any subsidiary thereof. (Amended 27 of 1986 s. 137) (Enacted 1985) Cap 379 s 11 (Repealed 80 of 1993 s. 8) Cap 379 s 12 (Repealed 80 of 1993 s. 8) |