Hong Kong Ordinances

THE LEGISLATIVE COUNCIL COMMISSION ORDINANCE - SECT 22A

Transfer of property, etc. to Commission

(1) All property, whether movable (including choses in action) or immovable,
which immediately before the commencement of the amending  Ordinance was
vested in or belonged to any person acting as the President, or acting in or
on the behalf, of the Provisional Legislative Council or was held in trust or
subject to conditions for the Provisional Legislative Council and all rights,
powers and privileges relating to or connected with any such property, shall
on the commencement of the amending  Ordinance, without any conveyance or
assignment, be transferred to and vested in or become the property of, or
property held in trust or subject to conditions for, the Commission.

(2) All property transferred by this section which immediately before the
commencement of the amending Ordinance was standing in the books of any bank
or was registered in the books of any bank, corporation or company in the name
of any person shall, upon the request of the Commission made at any time on or
after the commencement of the amending  Ordinance, be transferred in those
books by the bank, corporation or company into the name of the Commission.

(3) Every chose in action transferred by this section may, on or after the
commencement of the amending Ordinance, be sued upon, recovered, or enforced
by the Commission in its own name and it shall not be necessary for the
Commission to give notice to the person bound by any such chose in action of
the transfer effected by this section.

(4) Every debt or other liability (including unliquidated liabilities arising
from torts or breaches of a contract) incurred by any person acting as the
President, or acting in or on the behalf, of the Provisional Legislative
Council which immediately before the commencement of the amending Ordinance is
owing and unpaid or has been incurred and is undischarged shall, on such
commencement, become and be the debt or liability of the Commission and shall
be paid or discharged by and may be recovered from and shall be enforceable
against the Commission accordingly.

(5) Every contract which was entered into between any person acting as the
President, or acting in or on the behalf, of the Provisional Legislative
Council and any other person and is in force immediately before the
commencement of the amending Ordinance shall continue in force on and after
such commencement, but it shall be construed and have effect as if the
Commission were substituted therein for the first-mentioned person and shall
be enforceable by or against the Commission accordingly.

(6) All documents or instruments existing immediately before the commencement
of the amending Ordinance to which any person was a party as the President, or
in or on the behalf, of the Provisional Legislative Council or in which any
reference was made to such person shall be construed and have effect on and
from such commencement as if-

   (a)  the Commission had been a party thereto instead of that person;

   (b)  for any reference (whether express or implied) to that person there
        were substituted, as respects anything falling to be done on or after
        such commencement, a reference to the Commission.

(7) Where, immediately before the commencement of the amending  Ordinance, any
legal proceedings to which any person acting as the President, or acting in or
on the behalf, of the Provisional Legislative Council is a party are pending,
the name of the Commission shall be substituted for that of such person and
the proceedings shall not abate by reason of such substitution.

(8) The Stamp Duty Ordinance ( Cap 117) shall not apply to the vesting in the
Commission of property or rights transferred by this section. (Added 115 of
1997 s. 10)