Hong Kong Ordinances

PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 5

Provisions incidental and supplemental to section 4

(1) Any agreement, arrangement or contract made or entered into or transaction
effected or other thing done by, to or in relation to a  Council which is in
force or effective immediately before the appointed  day or which is to take
effect on or after that day has effect as from that day as if made, entered
into, effected or done by, to or in relation to the Government to the extent
that it is consistent with this Ordinance.

(2) Accordingly, references to a Council-

   (a)  in any agreement, arrangement or contract or in any deed, bond or
        instrument;

   (b)  in any process or other document issued, prepared or employed for the
        purpose of any proceeding before a court, tribunal or similar body;
        and

   (c)  in any other document whatever (other than an enactment) relating to
        or affecting any property, right or liability of a Council which vests
        in the Government under section 4, are taken as from the appointed day
        as referring to the Government in whatever terms as may be appropriate
        in the circumstances and to the extent that it is consistent with this
        Ordinance.

(3) The Government may be sued for the liabilities to which it is subject
under section 4 and they may be recovered from the Government.

(4) The Government may sue on, recover or enforce a chose in action vested in
it under section 4 without having to give notice of the transfer to a person
bound by the chose in action.

(5) The record of property of a Council immediately before the appointed day
that is in the form of an entry in the books of a bank, company or other
corporation is to be transferred in those books to the Government on the
request of the Government, by the bank, company or other corporation.

(6) The legal claims including present, future, actual and contingent claims
by or against a Council, including any accrued right of appeal, judicial and
administrative proceedings instituted by or against a  Council that existed
immediately before the appointed day do not abate by reason of the repeal
under section 3. They may be continued or enforced by or against the
Government.

(7) The guarantees and indemnities given by a Council become and are the
liability of the Government. The guarantees and indemnities given to a Council
become and are the property of the Government.

(8) Any delegation or authorization made by a Council under an Ordinance
repealed under section 3, in force immediately before the appointed day, is to
continue in force to the extent that it is consistent with this Ordinance and
in so far as it is necessary to continue its effect after the appointed day.