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Ord. No. 43/85
Evidence: books and documents.
(Cap. 8.)
Part III of Evidence Ordinance. (Cap. 8.)
Evidence of vesting.
LLOYDS BANK (MERGER)
(2) No officer or employee of LBI who becomes an officer or employee of Lloyds by virtue of this Ordinance shall by virtue of this Ordinance be entitled to participate in any pension fund of Lloyds, and no existing officer or employee of Lloyds shall, by virtue of this Ordinance, be entitled to participate in any pension fund of LBI or the Lloyds Bank International Limited Staff Provident Fund.
9. (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against LBI shall be admissible in evidence in respect of the same matter for or against Lloyds.
(2) In this section "documents" has the same meaning as in section 55 of the Evidence Ordinance.
10. (1) On and from the appointed day Part III of the Evidence Ordinance shall apply to the banker's records of LBI deemed to be vested in Lloyds by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Lloyds.
(2) For the purposes of section 20 of the Evidence Ordinance, banker's records which are deemed to have become the banker's records of Lloyds by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Lloyds 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" shall be construed in accordance with section 2 of the Evidence Ordinance.
11. (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;
not-
LLOYDS BANK (MERGER)
Ord. No. 43/85
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(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" includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure.
12. The deemed vesting of an interest in land by or under this Ordinance shall Interests in land.
(a) constitute a purchase or creation of that interest for the purposes of section
119E(2) of the Landlord and Tenant (Consolidation) Ordinance;
(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.
13. 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.
(Cap. 7.)
Saving for
enactments
concerning banking institutions.
14. Nothing in this Ordinance shall prejudice the powers of Lloyds to alter Saving for its memorandum and articles of association or to dispose of, or deal with, its companies. 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.
15. Nothing in this Ordinance shall affect or be deemed to affect the rights of Saving. Her Majesty the Queen, Her Heirs or Successors, 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.
Passed by the Hong Kong Legislative Council this 10th day of July 1985.
LI Wing,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LI Wing,
Clerk to the Legislative Council.