### Deutsche Bank (Merger) Ordinance 《德意志銀行(合併)條例》

3. Notice of appointed day
Deutsche Bank shall give notice in the Gazette of the day expected to be the appointed day save that, in the event that such day proves not to be the appointed day for any reason, Deutsche Bank shall give notice in the Gazette to that effect and shall again give notice in the Gazette of the next day expected to be the appointed day or, as the case may be, of the day which was the appointed day.

4. Recognition of vesting of DB Asia’s undertaking in Deutsche Bank
On the appointed day that part of the undertaking of DB Asia which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of DB Asia shall be deemed for the purpose of Hong Kong law to be transferred to, and vest in, Deutsche Bank to the intent that Deutsche Bank shall succeed to such part of the undertaking of DB Asia as if in all respects Deutsche Bank were the same person in law as DB Asia.

5. Trust property and wills
(1) Any property deemed to be vested in Deutsche Bank by virtue of this Ordinance which immediately before the appointed day was held by DB Asia, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Deutsche Bank alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively.
(2) Any existing instrument or order of any court under or by virtue of which any property became vested in DB Asia in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, DB Asia of remuneration for its services in any such fiduciary capacity, 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 DB Asia there were substituted a reference to Deutsche Bank.
(3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance.

### Deutsche Bank (Merger) Ordinance 《德意志銀行(合併)條例》

7. Contracts of employment
(1) Section 6(a) shall apply to a contract for the employment of any person by DB Asia; and employment with DB Asia and Deutsche Bank under any such contract shall be deemed for all purposes to be a single continuing employment.
(2) No director or auditor of DB Asia shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Deutsche Bank.

8. Pensions
(1) The trust deeds and rules constituting or relating to the fund scheme established in Hong Kong and known as the Deutsche Bank (Asia) Aktiengesellschaft Hong Kong Branch Local Staff Provident Fund Scheme 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 DB Asia there were substituted a reference to Deutsche Bank.
(2) No officer or employee of DB Asia who becomes an officer or employee of Deutsche Bank by virtue of this Ordinance shall by virtue of this Ordinance be entitled to participate in any pension fund of Deutsche Bank, and no existing officer or employee of Deutsche Bank shall, by virtue of this Ordinance, be entitled to participate in any pension fund of DB Asia or the Deutsche Bank (Asia) Aktiengesellschaft Hong Kong Branch Local Staff Provident Fund Scheme.

9. 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 DB Asia shall be admissible in evidence in respect of the same matter for or against Deutsche Bank.
(2) In this section documents (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap. 8). (Amended 2 of 1999 s. 6)

10. 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 DB Asia deemed to be vested in Deutsche 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 Deutsche 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 Deutsche Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker’s records of Deutsche 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).

### Deutsche Bank (Merger) Ordinance 《德意志銀行(合併)條例》

11. Evidence of vesting
(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 DB Asia in Deutsche Bank 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 Deutsche Bank or DB Asia, 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 DB Asia immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of DB Asia in that property is deemed to be vested in Deutsche Bank under this Ordinance;
(b) where there is any other transaction or purported transaction by Deutsche Bank or DB Asia on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of DB Asia immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Deutsche Bank has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance;
(c) a joint certificate given by or on behalf of DB Asia and Deutsche Bank before the appointed day, or a certificate given by or on behalf of Deutsche Bank on or after the appointed day, that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day are property or liabilities of DB Asia) is at the date so specified deemed to be vested in Deutsche Bank under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified;
(d) nothing in paragraphs (b) and (c) affects the liability of DB Asia and Deutsche Bank to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities;
(e) in this section convey (轉易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure.