【法规名称】
【法规编号】 82381 什么是编号？
【正 文】
第2页 CAP 70 THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED ORDINANCE
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[接上页] Cap 70 s 1 Short title This Ordinance may be cited as The Hongkong and Shanghai Banking Corporation Limited Ordinance. (Replaced 37 of 1950 Schedule. Amended L.N. 333 of 1989) Cap 70 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "bank" (银行) means "The Hongkong and Shanghai Banking Corporation Limited" created by virtue of the provisions of the Hongkong and Shanghai Bank Ordinance 1866 (5 of 1866), and continued by this Ordinance; (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 37 of 1950 Schedule; L.N. 333 of 1989) "Ordinance" (条例) or "the Ordinance" (本条例) means this Ordinance. (Amended 54 of 1997 s. 3) Cap 70 s 3 Incorporation Notwithstanding the repeal of the Hongkong and Shanghai Bank Ordinance 1866 (5 of 1866), the bank shall continue to be incorporated by the name of "The Hongkong and Shanghai Banking Corporation Limited" (subject to the bank's right and ability to change its name from time to time under and in accordance with the provisions of the Companies Ordinance (Cap 32)) and shall and may sue and be sued in all courts and shall continue to have perpetual succession: (Amended 54 of 1997 s. 4) Provided that there shall be no limit whatever to the period of incorporation. (Replaced 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 37 of 1950 Schedule. Amended L.N. 333 of 1989) Cap 70 s 4 Constitution (1) Subject only to the provisions of this Ordinance, the bank is to be treated for all purposes as a company formed and registered under the Companies Ordinance (Cap 32) as a company limited by shares so that- (a) all the provisions of the Companies Ordinance (Cap 32) shall apply to the bank, its members, contributories and creditors as if it were a company so formed and registered; and (b) the members of the bank shall have such liability to contribute to the assets of the bank in the event of its being wound up as is mentioned in the Companies Ordinance (Cap 32):Provided that nothing in this Ordinance requires 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 (or both) prior to that date. (2) Part IX of the Companies Ordinance (Cap 32) shall not apply to the bank. (Replaced 54 of 1997 s. 5) Cap 70 s 5 Overriding provisions (1) Notwithstanding anything contained in the Companies Ordinance (Cap 32) or the memorandum and articles of association of the bank (as the same may be altered or otherwise varied or amended at any time and from time to time in such manner as may be permitted under or in accordance with the provisions of the Companies Ordinance (Cap 32)), none of those provisions of the bank's memorandum or articles of association (as adopted by enactment of The Hongkong and Shanghai Banking Corporation Limited (Amendment) Ordinance 1997 (54 of 1997)), which are specified in the Schedule shall be capable of being altered (although they may be renumbered) other than with the prior approval in writing of the Financial Secretary and a resolution of the members of the bank substituting, repealing or altering any of those provisions has no effect unless the resolution has previously been approved in writing by the Financial Secretary. (2) References in the Schedule to numbered clauses of the bank's memorandum and articles of association are, as stated therein, to the relevant numbered clauses contained in the respective forms of memorandum and articles of association adopted by enactment of The Hongkong and Shanghai Banking Corporation Limited (Amendment) Ordinance 1997 (54 of 1997). However, subsection (1) applies to the respective provisions of such clauses irrespective of whether they may subsequently be or (as the case may be at any relevant time) have been renumbered. (Replaced 54 of 1997 s. 5) Cap 70 s 6 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 7 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 8 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 9 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 10 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 11 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 12 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 13 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 14 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 15 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 16 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 17 (Repealed) (Repealed 54 of 1997 s. 7) Cap 70 s 18 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. |
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