### Dao Heng Bank Limited (Merger) Ordinance 《道亨銀行有限公司(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 the transferring banks, and the gratuity benefits payable by the transferring banks 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 the transferring banks there were substituted a reference to Dao Heng Bank.
(2) No officer or employee of a transferring bank who becomes an officer or employee of Dao Heng Bank 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 Dao Heng Bank, and no existing officer or employee of Dao Heng Bank 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 a transferring bank.

12. Waiver of prohibition of merger
(1) Any provision contained in any contract or other document to which a transferring bank or Dao Heng Bank or any of their respective subsidiaries is a party which prohibits or has the effect of prohibiting the transfer and vesting or deemed transfer and vesting of any of the undertakings of the transferring banks in Dao Heng Bank 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 any of the undertakings of the transferring banks in Dao Heng Bank, and to which a transferring bank or Dao Heng Bank or any of their respective subsidiaries is a party, 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 a transferring bank shall be admissible in evidence in respect of the same matter for or against Dao Heng Bank.
(2) In this section, documents (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap. 8).

### Dao Heng Bank Limited (Merger) Ordinance 《道亨銀行有限公司(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 the transferring banks vested or deemed to be vested in Dao Heng 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 Dao Heng Bank.
(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 Dao Heng Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker’s records of Dao Heng 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) For the purposes of sections 40 and 41 of the Evidence Ordinance (Cap. 8), documents previously in the custody or control of the transferring banks shall by virtue of this Ordinance be deemed to be documents previously in the custody or control of Dao Heng Bank. 
(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).

### Dao Heng Bank Limited (Merger) Ordinance 《道亨銀行有限公司(合併)條例》

18. Saving for companies
Nothing in this Ordinance shall prejudice the powers of Dao Heng Bank to alter its articles of association or to dispose of, or deal with, its property, security interests or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of any member of the DBS Group to alter its articles of association, and its memorandum of association (if applicable), or to dispose of, or deal with, its property, security interests or liabilities before the appointed day.
(Amended 28 of 2012 ss. 912 & 920)

19. 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.

### CITIC Ka Wah Bank Limited (Merger) Ordinance 《中信嘉華銀行有限公司(合併)條例》

1. Short title
This Ordinance may be cited as the CITIC Ka Wah Bank Limited (Merger) Ordinance.

### CITIC Ka Wah Bank Limited (Merger) Ordinance 《中信嘉華銀行有限公司(合併)條例》

3. Notice of appointed day
(1) The directors of CITIC Ka Wah Bank may appoint a day for the purposes of this Ordinance.
(2) CITIC Ka Wah Bank and Hongkong Chinese Bank 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, CITIC Ka Wah Bank and Hongkong Chinese Bank 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. Changes of name and revocation of banking licence
(1) On the appointed day, by virtue of this Ordinance—
(a) the name of CITIC Ka Wah Bank shall, in accordance with this section, be changed to “CITIC International Financial Holdings Limited 中信國際金融控股有限公司”;
(b) the name of Hongkong Chinese Bank shall, in accordance with this section, be changed to “CITIC Ka Wah Bank Limited 中信嘉華銀行有限公司”; and
(c) the banking licence of CITIC Ka Wah 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.
(2) Not later than 7 days before the appointed day, CITIC Ka Wah Bank shall deliver to the Registrar of Companies a copy of this Ordinance.
(3) The Registrar of Companies shall, pursuant to this Ordinance, register the copy of the Ordinance delivered to him pursuant to subsection (2) and on the appointed day—
(a) shall enter the new name of CITIC Ka Wah Bank in the register in place of its former name and issue to CITIC Ka Wah Bank a certificate of incorporation on change of name stating CITIC Ka Wah Bank’s new name; and
(b) shall enter the new name of Hongkong Chinese Bank in the register in place of its former name and issue to Hongkong Chinese Bank a certificate of incorporation on change of name stating Hongkong Chinese Bank’s new name.

### CITIC Ka Wah Bank Limited (Merger) Ordinance 《中信嘉華銀行有限公司(合併)條例》

5. Vesting of the undertaking in Hongkong Chinese Bank
(1) On the appointed day the undertaking shall, by virtue of this Ordinance and without further act or deed, be transferred to, and vest in, Hongkong Chinese Bank to the intent that Hongkong Chinese Bank shall succeed to the whole undertaking as if in all respects Hongkong Chinese Bank were the same person in law as CITIC Ka Wah Bank.
(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 undertaking is governed otherwise than by the laws of Hong Kong, CITIC Ka Wah Bank shall, if Hongkong Chinese Bank so requires, so soon as is practicable after the appointed day, take all necessary steps for securing the effective transfer and vesting thereof in Hongkong Chinese Bank and, pending such transfer and vesting, CITIC Ka Wah Bank shall hold any such property in trust absolutely for Hongkong Chinese Bank.