| To establish the Hong Kong Tourism Board as a body corporate and to provide for its objects and powers; and for related matters. (Replaced 3 of 2001 s. 2) [21 June 1957] (Originally 29 of 1957) __________________________________________________________________ Note: This Ordinance has been amended by Part II of the Hong Kong Tourist Association (Amendment) Ordinance 2001. The related savings and transitional provisions in Part III of that Ordinance are reproduced as follows: "Part III Savings and Transitional Provisions 36. Interpretation In this Part, unless the context otherwise requires-"amended Ordinance" (经修订条例) means the Hong Kong Tourist Association Ordinance as amended by Part II; "appointed day" (指定日期) means the day appointed for the coming into operation# of Part II; "Association" (协会) means the Hong Kong Tourist Association established by section 3 of the Hong Kong Tourist Association Ordinance; "Hong Kong Tourist Association Ordinance" (《香港旅游协会条例》) means the Ordinance known as the Hong Kong Tourist Association Ordinance (Cap 302) that was in force immediately before the appointed day; "new Board" (发展局) means the Hong Kong Tourism Board established by section 3 of the amended Ordinance; "old Board" (理事会) means the Board of Management established by section 9 of the Hong Kong Tourist Association Ordinance, and named the Hong Kong Tourist Association Board by section 11 of the Hong Kong Tourist Association Ordinance. 37. Vesting of property, rights and liabilities of old Board in new Board and saving of validity of old Board's acts (1) All property, rights and liabilities of the old Board are vested in the new Board as from the appointed day by virtue of this subsection. (2) Nothing in this Ordinance affects the validity of anything lawfully done by or in relation to the old Board before the appointed day. (3) Anything that immediately before the appointed day is in the process of being done by or in relation to the old Board may be continued by or in relation to the new Board to the extent that it is consistent with this Ordinance. 38. Provisions incidental and supplemental to section 37 (1) Any agreement, arrangement or contract made or entered into or transaction effected or other things done by, to or in relation to the old Board that is in force or effective immediately before the appointed day or that 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 new Board to the extent that it is consistent with this Ordinance. (2) Accordingly, references to the old Board- (a) in any agreement, arrangement or contract or in any record 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 the old Board that vests in the new Board under section 37,are taken as from the appointed day as referring to the new Board in whatever terms as may be appropriate in the circumstances and to the extent that it is consistent with this Ordinance. (3) The new Board may be sued for the liabilities to which it is subject under section 37 and they may be recovered from the new Board. (4) The new Board may sue on, recover or enforce a chose in action vested in it under section 37 without having to give notice of the transfer to a person bound by the chose in action. (5) The record of property of the old Board 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 new Board on the request of the new Board, by the bank, company or other corporation. (6) The legal claims including present, future, actual and contingent claims by or against the old Board, including any accrued right of appeal, judicial and administrative proceedings instituted by or against the old Board that existed immediately before the appointed day do not abate by reason of the commencement of Part II. They may be continued or enforced by or against the new Board. (7) The guarantees and indemnities given by the old Board become and are the liability of the new Board, and the guarantees and indemnities given to the old Board become and are the property of the new Board. (8) Any delegation or authorization made by the old Board under the Hong Kong Tourist Association Ordinance 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. 39. Member or chairman of old Board taken to be the same of new Board (1) A person who holds office as a member or chairman of the old Board immediately before the appointed day shall be taken to have been appointed to the office in the new Board by the Chief Executive under section 9 of the amended Ordinance. |
