1985 Ed.]
Royal Bank of Scotland
[CAP. 1138
5
(3) The publication of notice under subsection (2) shall be conclusive evidence of a day being the appointed day for the purposes of this Ordinance, and a photostatic or other reproduction of a page or part of a page of the Gazette containing the notice certified by an authorized representative of the Bank shall be evidence of the publication of the notice.
4. On the appointed day that part of the undertaking of Royal Bank of Scotland which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of Royal Bank of Scotland shall, by virtue of this Ordinance and without further act or deed, be transferred to, and vest in, the Bank to the intent that the Bank shall succeed to such part of the undertaking of Royal Bank of Scotland as if in all respects the Bank were the same person in law as Royal Bank of Scotland.
5. (1) Without prejudice to the generality of any other provision of this Ordinance but subject to any provision in this Ordinance to the contrary effect, the following provisions of this section shall have effect for the purposes of section 4.
(2) All existing contracts, agreements, certificates, awards, conveyances, deeds, leases, licences, notices, permits, guarantees, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to Royal Bank of Scotland (whether alone or with any other person and whether as principal or agent and whether in writing or not) shall be construed and have effect on and from the appointed day as if-
(a) instead of Royal Bank of Scotland, the Bank had been the person by whom they were entered into, with whom they were made, to or by whom they were given or to whom they were addressed (as the case may be);
(b) for any reference (however worded and whether express or implied) to Royal Bank of Scotland there were substituted, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the Bank; and
(c) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Royal Bank of Scotland were, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the directors of the Bank or, as the case may require, to such director, officer or employee of the Bank as the Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of the Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee.
Transfer of undertaking of Royal Bank of Scotland to the Bank.
Provisions as to contracts, etc., and enactments.