1984 Ed.]
Standard Chartered Asia Limited
ICAP. 1136
5
(h) where by virtue of this Ordinance any right or liability of MBFEL becomes a right or liability of SC Asia, SC Asia and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of SC Asia and any legal proceedings or applications to any authority pending immediately before the appointed day by or against MBFEL may be continued by or against SC Asia; and
(i) any judgment or award obtained by or against MBFEL and not fully satisfied before the appointed day shall, to the extent to which it is enforceable by or against MBFEL, be enforceable by or against SC Asia.
8. (1) Paragraph (a) of section 7 applies to a contract for the employment of any person by MBFEL; and employment with MBFEL and SC Asia under any such contract shall be deemed for all purposes to be a single continuing employment.
(2) No director, secretary or auditor of MBFEL shall by virtue only of this Ordinance become a director, secretary or, as the case may be, auditor of SC Asia.
9. (1) All records and other documents which would, before the appointed day, have been evidence in respect of any matter for or against MBFEL shall be admissible in evidence in respect of the same matter for or against SC Asia.
(2) In this section "documents" shall be construed in accordance with 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 MBFEL vested in SC Asia by virtue of this Ordinance, and to entries made therein before the appointed day, as if such banker's records were the banker's records of SC Asia.
(2) For the purposes of section 20 of the Evidence Ordinance, banker's records which become the banker's records of SC Asia by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of SC Asia 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 the property and liabilities of MBFEL in SC Asia in accordance with the provisions of this Ordinance.
Contracts of employment.
Evidence and records and documents.
(Cap. 8.)
Application of Part III of Evidence Ordinance.
(Cap. 8.)
Evidence of vesting.