TNAG-1781-FCO40-2541-Employment-in-Hong-Kong-various-ordinances-1988 — Page 57

A322

Ord. No. 60/88

Contracts of employment

Evidence:

books and documents

(Cap. 8)

Part III of Evidence Ordinance (Cap. 8)

Evidence of vesting

RAINIER INTERNATIONAL BANK (TRANSFER OF HONG KONG UNDERTAKING)

7. (1) Section 6(a) shall apply to a contract for the employment of any person by Rainier; and employment with Rainier and Daiwa under any such contract shall be deemed for all purposes to be a single continuing employment.

(2) No director or auditor of Rainier shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Daiwa.

8. (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Rainier shall be admissible in evidence in respect of the same matter for or against Daiwa.

(2) In this section "documents" has the same meaning as in section 55 of the Evidence Ordinance.

9. (1) On and from the appointed day Part III of the Evidence Ordinance shall apply to the banker's records of Rainier deemed to be vested in Daiwa by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Daiwa.

(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 Daiwa by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Daiwa 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.

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 liabilities of Rainier in Daiwa 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 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 Rainier 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 party 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;