### Royal Bank of Scotland Ordinance 《蘇格蘭皇家銀行條例》

10. Claims, actions, etc., not to abate
(1) Where by virtue of this Ordinance any right or liability of Royal Bank of Scotland becomes a right or liability of the Bank, the Bank 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, claiming, perfecting or enforcing that right or liability as if it had at all times been a right or liability of the Bank; and any claim (including any contingent claim), action, arbitration or proceeding and any cause of action, arbitration or proceeding and any application to any authority which shall, immediately before the appointed day, be pending or existing by, against or in favour of Royal Bank of Scotland shall not abate or be discontinued or in any way prejudicially affected by reason of the provisions of this Ordinance, but the same may, on and from the appointed day, only be made, continued, prosecuted and enforced by or against or in favour of the Bank as and when it might have been made, continued, prosecuted and enforced by or against or in favour of Royal Bank of Scotland if this Ordinance had not been passed.
(2) Any judgment, decree, order or award obtained by or against Royal Bank of Scotland and not fully satisfied before the appointed day, shall, to the extent to which it is enforceable by or against Royal Bank of Scotland, only be enforceable, on and from the appointed day, by or against the Bank.
(3) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by Royal Bank of Scotland, whether alone or with others, before the appointed day.

11. Application of Part III of Evidence Ordinance
(1) On and from the appointed day, Part III of the Evidence Ordinance (Cap. 8) shall apply to the banker’s records of Royal Bank of Scotland transferred to the Bank 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 the Bank.
(2) For the purposes of section 20 of the Evidence Ordinance (Cap. 8), banker’s records so transferred to the Bank shall be deemed to have been the ordinary banker’s records of the 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 (銀行紀錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap. 8).

### Royal Bank of Scotland Ordinance 《蘇格蘭皇家銀行條例》

12. Transfers governed otherwise than by law of Hong Kong
Where the transfer and vesting of any property forming part of the undertaking of Royal Bank of Scotland is governed otherwise than by the law of Hong Kong, Royal Bank of Scotland shall, if the Bank so requires, so soon as is practicable after the appointed day, take all necessary steps for the purpose of securing the effective transfer or vesting thereof to or in the Bank and, pending such transfer or vesting, shall hold any such property in trust for the Bank.

13. Records and other documents to remain evidence
(1) All records and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Royal Bank of Scotland shall on and from the appointed day be admissible in evidence in respect of the same matter for or against the Bank.
(2) In this section documents (文件) shall be construed in accordance with section 46 of the Evidence Ordinance (Cap. 8). (Amended 2 of 1999 s. 6)

14. Evidence of transfer
(1) The production of a Government Printer’s copy of this Ordinance, and such evidence of publication of notice of the appointed day as is specified in section 3(3), shall, for all purposes, be conclusive evidence of the transfer of the undertaking of Royal Bank of Scotland to the Bank and of the vesting thereof in the Bank in accordance with the provisions of this Ordinance.
(2) Without prejudice to the generality of the foregoing—
(a) a Government Printer’s copy of this Ordinance, together with such evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, the Bank by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from Royal Bank of Scotland to the Bank;
(b) any deed or other instrument or document made or executed on or after the appointed day whereby the Bank, whether alone or jointly with any other person, conveys, transfers or assigns, or purports to convey, transfer or assign, to any person (whether for consideration or not), or applies to be registered as the holder, proprietor or owner of, any property held by Royal Bank of Scotland immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Royal Bank of Scotland in such property became vested in the Bank by virtue of this Ordinance.
(3) In subsection (2) registered securities (註冊證券) means shares, stocks, debentures, loans, bonds, units of a unit trust scheme or other shares of the investments subject to the trusts of such scheme, and other securities of any description which are transferable and the holders of which are entered in a register (whether maintained in Hong Kong or not).

### Royal Bank of Scotland Ordinance 《蘇格蘭皇家銀行條例》

15. Reserves and profits and losses transferred
(1) For the purposes of section 4, on and from the appointed day, and by virtue of this Ordinance—
(a) every existing reserve of Royal Bank of Scotland shall be transferred to and for all purposes be and become a reserve of the Bank; and
(b) the amount, description and character of every reserve of the Bank which shall come into being pursuant to paragraph (a) shall be the same in all respects as those of the corresponding existing reserve immediately before the appointed day, and all enactments and rules of law shall apply to or in respect of every such reserve of the Bank in the same manner in all respects as they applied to or in respect of the corresponding existing reserve immediately before the appointed day.
(2) Every reference in subsection (1) to an existing reserve shall include a reference to any reserve or similar provision, irrespective of its name or designation (and whether the amount thereof be positive or negative in nature).
(3) Without prejudice to the generality of subsection (1), any profits or losses of Royal Bank of Scotland earned or incurred after the beginning of the financial year in which the appointed day shall occur, shall, on and from the appointed day, and by virtue of this Ordinance, be treated for all purposes as profits or, as the case may be, losses, of the Bank.
(4) In subsection (3), financial year (財政年度) has the meaning assigned to it by section 2(1) of the Companies Ordinance (Cap. 32) as in force on the appointed day. (Amended 28 of 2012 ss. 912 & 920)