TNAG-1769-FCO40-2523-Hong-Kong-mergers-involving-banks-and-other-financial-instit-1988 — Page 89

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DEUTSCHE BANK (MERGER) BILL 1988

Any judgement or award obtained by or against DB Asia and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against DB Asia, become enforceable by or against Deutsche Bank.

(1) Section 6(a) shall apply to a contract for the employment of Contracts of any person by DB Asia; and employment with DB Asia and Deutsche Bank employment. under any such contract shall be deemed for all purposes to be a single continuing employment.

(2) No director or auditor of DB Asia shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Deutsche Bank.

8. (1) The trust deeds and rules constituting or relating to the fund Pensions. scheme established in Hong Kong and known as the Deutsche Bank (Asia) Aktiengesellschaft Hong Kong Branch Local Staff Provident Fund Scheme shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to DB Asia there were substituted a reference to Deutsche Bank.

(2) No officer or employee of DB Asia who becomes an officer or employee of Deutsche Bank by virtue of this Ordinance shall by virtue of this Ordinance be entitled to participate in any pension fund of Deutsche Bank, and no existing officer or employee of Deutsche Bank shall, by virtue of this Ordinance, be entitled to participate in any pension fund of DB Asia or the Deutsche Bank (Asia) Aktiengesellschaft Hong Kong Branch Local Staff Provident Fund Scheme.

9. (1) All books and other documents which would, before the Evidence: appointed day, have been evidence in respect of any matter for or against books and DB Asia shall be admissible in evidence in respect of the same matter for or against Deutsche Bank.

(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 DB Asia deemed to be vested in Deutsche Bank by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Deutsche Bank.

(2) For the purposes of section 20 of the Evidence Ordinance, bank- er's records which are deemed to have become the banker's records of Deutsche Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Deutsche Bank 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.

documents.

(Cap. 8.)

Part III of Evidence Ordinance. (Cap. 8.)

11. (1) The production of a Government Printer's copy of this Evidence of Ordinance shall, for all purposes, be conclusive evidence of the vesting of vesting. any property and liabilities of DB Asia in Deutsche Bank in accordance with the provisions of this Ordinance.

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