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MAY.20 '88 18:56 LINKLATERS & PAINES HK 5-9108133
000; #14
P.014
10. (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 liabilitles of Rainier in Daiwa in accordance with the provisions of this Ordinance.
(1)
11.
(2) Without prejudice to the generality of subsection
(a)
Any document made or executed on or after the appointed day, whereby Daiwa or Rainier, 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 Rainiar immediately before the appointed day and forming part of the Hong Kong undertaking, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Rainier In that property is deemed to be vested in Daiwa under this Ordinance;
(b) where there is any other transaction or purported transaction by Daiwa or Rainier on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of Rainier immediately before that day and forming part of the Hong Kong undertaking, it shall be deemed in favour of any other parry to the transaction, or any person claiming through or under him, that Daiwa has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance;
(c) a joint certificate given by or on behalf of Rainier and Daiwa at any time that any property or liability specified in the certificate (which property or liability immediately before the appointed day is the property or liability of Rainier) is or, as the case may be, is not, deemed to be vested in Daiwa under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified;
(d) in this section "convey" includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclain, release or otherwise
assure.
The deemed vesting in Daiwa of an interest in land by virtue of this Ordinance shall not
(a)
-
constitute a purchase or creation of that interest for the purposes of section 119E(2) of the Landlord and Tenant (Consolidation) Ordinance; or
(b)
constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; or
G29RSG0003J3
2
Evidence of vesting
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Interests in Land
(Cap.7)