【法规名称】
【法规编号】 82381 什么是编号？
【正 文】
CAP 70 THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED ORDINANCE
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To amend the constitution of The Hongkong and Shanghai Banking Corporation Limited. (Replaced 37 of 1950 Schedule. Amended L.N. 333 of 1989) [17 May 1929] (Originally 6 of 1929 (Cap 70 1950)) ______________________________________________________________________ Note: This Ordinance was amended by ss. 3 to 7 of 54 of 1997. The Hongkong and Shanghai Bank Regulations was repealed by s. 8 of 54 of 1997. S. 2 and s. 9 to 12 of 54 of 1997 are reproduced below- "2. Interpretation (1) In this Ordinance, unless the context otherwise requires- "the bank" (银行) has the same meaning as in the principal Ordinance and means the company incorporated under The Hongkong and Shanghai Bank Ordinance 1866 (5 of 1866) (as subsequently varied and replaced) and which was registered under the Companies Ordinance (Cap 32) on 6 October 1989 with the name of "The Hongkong and Shanghai Banking Corporation Limited"; "Monetary Authority" (金融管理专员) means the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66); "the principal Ordinance" (主体条例) means The Hongkong and Shanghai Banking Corporation Limited Ordinance (Cap 70). (2) Expressions that are defined in the Companies Ordinance (Cap 32) and are used in this Ordinance shall have the meanings so defined, unless the context otherwise requires. 9. Alteration of the bank's constitution (1) The constitution of the bank is altered by substituting a memorandum and articles of association for the provisions of the principal Ordinance which govern the constitution (including the objects) of the bank (and this shall include replacement of the Regulations made pursuant to the principal Ordinance) and the memorandum and articles of association adopted by enactment of this Ordinance shall be in the respective forms thereof delivered by the bank to and accepted by the Monetary Authority prior to the date on which this Ordinance shall come into effect. (2) The memorandum and articles of association adopted by enactment of this Ordinance shall apply to the bank and shall (subject only to the continuing provisions of the principal Ordinance) be capable of alteration in the same manner as if the bank were a company formed and registered under the Companies Ordinance (Cap 32) as a company limited by shares with that memorandum of association and those articles of association. (3) (Subject only to the continuing provisions of the principal Ordinance) the bank shall be treated for all purposes as a company formed and registered under the Companies Ordinance (Cap 32) as a company limited shares. 10. Changes in the bank's authorized and issued share capital All matters relating to or affecting (among other things) the bank's share capital (including, without limitation, any increase in or reduction, alteration or reorganization of the bank's authorized or issued share capital and including, also without limitation, the issue of redeemable shares and the redemption and purchase by the bank of its own shares) shall be determined with regard to the bank's constitution and the Companies Ordinance (Cap 32) and any other Ordinance or provision of law applicable to companies formed and registered under the Companies Ordinance (Cap 32), all on the basis provided in and contemplated by section 8. 11. Registration of memorandum and articles of association On or as soon as practicable following the date on which this Ordinance shall come into effect the bank shall deliver to the Registrar of Companies a certified printed copy of the memorandum and articles of association of the bank adopted by enactment of this ordinance. 12. Miscellaneous savings Nothing in this Ordinance operates or shall operate- (a) to create a new legal entity; (b) to prejudice or affect the continuity of the bank; (c) to affect the property of the bank; (d) to affect the application of the Companies Ordinance (Cap 32) to the bank with effect from and on 6 October 1989 by virtue of the registration of the bank under that Ordinance on that date; (e) to require the bank to comply with any of the provisions of the Companies Ordinance (Cap 32) in respect of the period prior to the registration of the bank under that Ordinance on 6 October 1989 except in so far as compliance with that Ordinance shall have been required by the legislation under which the bank was originally incorporated or by which it was subsequently governed or regulated prior to that date; (f) to render defective any legal or other proceedings instituted or to be instituted by or against the bank or any other person; (g) except to the extent provided by this Ordinance or the principal Ordinance (as amended by this Ordinance), to affect any rights, powers, authorities, duties, functions, liabilities or obligations of the bank or any other person; or (h) otherwise to affect the validity or legality of anything done by the bank prior to the commencement of this Ordinance under or pursuant to the principal Ordinance (or the Regulations made pursuant thereto).". |
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