### Alice Ho Miu Ling Nethersole Charity Foundation Ordinance 《雅麗氏何妙齡那打素慈善基金會條例》

10. Internal management
All matters of internal management of the Foundation including any amendment of the constitution shall be settled and carried out in accordance with the constitution for the time being in force.

11. Properties
All properties of and vested in The Executive Committee shall be vested in the Foundation as from the commencement* of this Ordinance.

Editorial Note:
* Commencement date: 23 May 2008.

12. Repeal
The Alice Ho Miu Ling Nethersole Hospital Incorporation Ordinance (Cap. 1072) is repealed.

13. Transitional
(1) This section applies to any vested or contingent gift or disposition, made either before or after the commencement* of this Ordinance, by will, deed, testamentary disposition, or in any other manner for the benefit of The Executive Committee.
(2) A gift or disposition to which this section applies is to be construed for all purposes after the commencement of this Ordinance as if the gift or disposition were expressed to be for the benefit of the Foundation, and a receipt given by the Chairman or the Honorary Treasurer on behalf of the Foundation shall be a sufficient discharge to any person making a payment or otherwise acting in respect of such a gift or disposition in accordance with this subsection.

Editorial Note:
* Commencement date: 23 May 2008.

14. Saving
Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by, from or under them.

### Industrial and Commercial Bank of China (Asia) Limited (Merger) Ordinance 《中國工商銀行(亞洲)有限公司(合併)條例》

1. Short title
This Ordinance may be cited as the Industrial and Commercial Bank of China (Asia) Limited (Merger) Ordinance.

### Industrial and Commercial Bank of China (Asia) Limited (Merger) Ordinance 《中國工商銀行(亞洲)有限公司(合併)條例》

3. Notice of appointed day
(1) The directors of ICBC (Asia) may appoint a day for the purposes of this Ordinance.
(2) ICBC (Asia) and Belgian Bank, Hong Kong Branch shall give joint notice in the Gazette stating the day so appointed save that, in the event that such day proves not to be the appointed day for any reason, ICBC (Asia) and Belgian Bank, Hong Kong Branch shall give joint notice in the Gazette to that effect and shall again give joint notice in the Gazette stating the next day so appointed or, as the case may be, the day which was the appointed day.

4. Revocation of banking licence
By virtue of this Ordinance, the banking licence of Belgian Bank shall, in accordance with Part V of the Banking Ordinance (Cap. 155), be revoked on and from a day to be appointed by the Monetary Authority which day shall be published in the Gazette.

5. Vesting of the undertakings in ICBC (Asia)
(1) On the appointed day the undertakings shall, by virtue of this Ordinance and without further act or deed, be transferred to, and vest in, ICBC (Asia) to the intent that ICBC (Asia) shall succeed to the whole undertakings as if in all respects ICBC (Asia) were the same person in law as Belgian Bank, Hong Kong Branch.
(2) Where the transfer and vesting of any property and liabilities situate in any country, territory or place outside Hong Kong and forming part of the undertakings is governed otherwise than by the laws of Hong Kong, Belgian Bank, Hong Kong Branch shall, if ICBC (Asia) so requires, so soon as is practicable after the appointed day, take all necessary steps for securing the effective transfer and vesting thereof in ICBC (Asia) and, pending such transfer and vesting, Belgian Bank, Hong Kong Branch shall hold any such property and liabilities in trust absolutely for ICBC (Asia).

### Industrial and Commercial Bank of China (Asia) Limited (Merger) Ordinance 《中國工商銀行(亞洲)有限公司(合併)條例》

10. Contracts of employment
(1) Section 7(a) shall apply to a contract for the employment of any person by Belgian Bank, Hong Kong Branch and employment with Belgian Bank, Hong Kong Branch and ICBC (Asia) under any such contract shall be deemed for all purposes to be a single continuing employment.
(2) No director, secretary or auditor of Belgian Bank, Hong Kong Branch shall by virtue only of this Ordinance become a director, secretary or auditor, as the case may be, of ICBC (Asia).

### Industrial and Commercial Bank of China (Asia) Limited (Merger) Ordinance 《中國工商銀行(亞洲)有限公司(合併)條例》

11. Pensions, provident funds and gratuity benefits
(1) The deeds and rules constituting or relating to the pension fund schemes and the provident fund schemes established for the benefit of employees of Belgian Bank, Hong Kong Branch and the gratuity benefits payable by Belgian Bank, Hong Kong Branch 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 Belgian Bank, Hong Kong Branch, or as the case may be, Belgian Bank there were substituted a reference to ICBC (Asia).
(2) No officer or employee of Belgian Bank, Hong Kong Branch who becomes an officer or employee of ICBC (Asia) by virtue of this Ordinance shall, by virtue only of this Ordinance, be entitled to participate in any pension fund scheme of, provident fund scheme of or gratuity benefits payable by ICBC (Asia), and no existing officer or employee of ICBC (Asia) shall, by virtue only of this Ordinance, be entitled to participate in any pension fund scheme of, provident fund scheme of or gratuity benefits payable by Belgian Bank, Hong Kong Branch.

12. Waiver of prohibition of merger
(1) Any provision contained in any contract or other document to which Belgian Bank, Hong Kong Branch or ICBC (Asia) or any of their respective subsidiaries is a party or to which Belgian Bank is a party but the rights, liabilities, or any chose in action under or established by such contract or other document forms part of the undertakings which prohibits or has the effect of prohibiting the transfer and vesting or deemed transfer and vesting of the undertakings in ICBC (Asia) shall be deemed by this Ordinance to have been waived.
(2) Any provision contained in any contract or other document to the effect that a breach of contract or a default shall occur or be deemed to occur as a result of the transfer and vesting or deemed transfer and vesting of the undertakings in ICBC (Asia), and to which Belgian Bank, Hong Kong Branch or ICBC (Asia) or any of their respective subsidiaries is a party, or to which Belgian Bank is a party but the rights, liabilities, or any chose in action under or established by such contract or other document forms part of the undertakings, shall be deemed by this Ordinance to have been waived.

13. Evidence: books and documents
(1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Belgian Bank, Hong Kong Branch shall be admissible in evidence in respect of the same matter for or against ICBC (Asia).
(2) In this section, documents (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap. 8).

### Industrial and Commercial Bank of China (Asia) Limited (Merger) Ordinance 《中國工商銀行(亞洲)有限公司(合併)條例》

14. Part III of Evidence Ordinance (Cap. 8)
(1) On and from the appointed day, Part III of the Evidence Ordinance (Cap. 8) shall apply to the banker’s records of Belgian Bank, Hong Kong Branch vested or deemed to be vested in ICBC (Asia) by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of ICBC (Asia).
(2) For the purposes of section 20 of the Evidence Ordinance (Cap. 8), banker’s records which are deemed to have become the banker’s records of ICBC (Asia) by virtue of this Ordinance shall be deemed to have been the ordinary banker’s records of ICBC (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) For the purposes of sections 40 and 41 of the Evidence Ordinance (Cap. 8), documents previously in the custody or control of Belgian Bank, Hong Kong Branch shall by virtue of this Ordinance be deemed to be documents previously in the custody or control of ICBC (Asia).
(4) In this section, banker’s records (銀行紀錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap. 8).