1988 Ed.]
Deutsche Bank (Merger)
[CAP. 1142
5
(3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance.
Supplementary provisions
6. Without prejudice to the generality of the foregoing provisions but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect with respect to matters within Hong Kong or subject to the laws of Hong Kong-
(a) Every contract to which DB Asia is a party (whether in writing or not)
shall have effect on and from the appointed day as if—
(i) Deutsche Bank had been a party thereto instead of DB Asia; (ii) for any reference (however worded and whether express or implied) to DB Asia there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Deutsche Bank;
(iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of DB Asia were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Deutsche Bank or, as the case may require, to such director, officer or employee of Deutsche Bank as Deutsche Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Deutsche Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee.
(b) Sub-paragraph (a)(ii) shall apply to any statutory provision, to any provision of any existing contract to which DB Asia was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies:
Provided that such sub-paragraph shall not apply to any existing authorization or exemption under any enactment regulating the carrying on of the business of DB Asia.
(c) Any account between DB Asia and a customer shall, on the appointed day, become an account between Deutsche Bank and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account:
Provided that nothing in this Ordinance shall affect any right of Deutsche Bank or of the customer to vary the conditions or incidents subject to which any account is kept.
(d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent given to DB Asia (whether in writing or not and whether or not in relation to an account) shall have effect, on and from the appointed day, as if given to Deutsche Bank.
(e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, DB Asia, or payable at any place of business of DB Asia, whether so drawn, given, accepted or endorsed before or after the appointed day, shall have the same effect on and after the appointed day as if it had been drawn on, given to, accepted or endorsed by, or made payable at any place of business of, Deutsche Bank.
1988 Ed.]
Deutsche Bank (Merger)
[CAP. 1142
5
(3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance.
Supplementary provisions
6. Without prejudice to the generality of the foregoing provisions but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect with respect to matters within Hong Kong or subject to the laws of Hong Kong-
(a) Every contract to which DB Asia is a party (whether in writing or not)
shall have effect on and from the appointed day as if—
(1) Deutsche Bank had been a party thereto instead of DB Asia; (ii) for any reference (however worded and whether express or implied) to DB Asia there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Deutsche Bank;
(iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of DB Asia were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Deutsche Bank or, as the case may require, to such director, officer or employee of Deutsche Bank as Deutsche Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Deutsche Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee.
(b) Sub-paragraph (a)(ii) shall apply to any statutory provision, to any provision of any existing contract to which DB Asia was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies:
Provided that such sub-paragraph shall not apply to any existing authorization or exemption under any enactment regulating the carrying on of the business of DB Asia.
(c) Any account between DB Asia and a customer shall, on the appointed day, become an account between Deutsche Bank and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing
account:
Provided that nothing in this Ordinance shall affect any right of Deutsche Bank or of the customer to vary the conditions or incidents subject to which any account is kept.
(d) Any existing instruction, order, direction, mandate, power of attor- ney, authority, undertaking or consent given to DB Asia (whether in writing or not and whether or not in relation to an account) shall have effect, on and from the appointed day, as if given to Deutsche Bank.
Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, DB Asia, or payable at any place of business of DB Asia, whether so drawn, given, accepted or
(e)
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