INTERPRETATION AND GENERAL CLAUSES ORDINANCE
INTERPRETATION AND GENERAL CLAUSES ORDINANCE
(CHAPTER 1)
CONTENTS
Section
PART I SHORT TITLE AND APPLICATION
1. Short title
2. Application
PART II INTERPRETATION OF WORDS AND EXPRESSIONS
3. Interpretation of words and expressions
4. Definition of "Commonwealth"
5. Grammatical variations and cognate expressions
6. References to Government property
7. Provisions for gender and number
8. Service by post
9. Chinese words and expressions
10. References to pounds sterling
PART II(A) A GENERAL PROVISIONS AS TO LAWS IN BOTH OFFICIAL LANGUAGES
10A. Application of Part II A
10B. Construction of Ordinances in both official languages
10C. Expressions of English law
10D. Name of statutory body corporate
10E. Words etc. in the official languages may be declared as equivalents
PART III GENERAL PROVISIONS AS TO ORDINANCES
11. Ordinance to be public Ordinance
12. Sections and schedules
13. Citation of Ordinance
14. Collective citation
15. Reference to Ordinance as amended
16. Citation of part of Ordinance
17. Construction of reference to Ordinance, section, etc.
18. Marginal notes and section headings
19. General principles of interpretation
PART IV COMMENCEMENT, DISALLOWANCE, AMENDMENT AND REPEAL
20. Commencement of Ordinance
21. Disallowance
22. Ordinance and amending Ordinance to be read as one
23. Effect of repeal generally
24. Repealed Ordinance not revived
25. Repeal and substitution
26. Repeal of amended Ordinance to include amendments
27. Effect of expiry of Ordinance
PART V SUBSIDIARY LEGISLATION
28. General provision with regard to power to make subsidiary legislation
29. Fees and charges
30. Subsidiary legislation to be judicially noticed
31. Construction of subsidiary legislation
32. Exercise of statutory powers between enactment and commencement of
Ordinance
33. Acts done under subsidiary legislation deemed done under Ordinance
34. Placing of subsidiary legislation before Legislative Council
35. Approval of Legislative Council to subsidiary legislation
36. Effect of repeal on subsidiary legislation
37. Forms
PART VI POWERS
38. Presumption of lawful exercise of power
39. Exercise of powers
40. Construction of enabling words
41. Power to issue licences, etc. discretionary
42. Power to appoint includes power to suspend, dismiss, re-appoint, etc.
43. Delegation by specified public officers
44. Effect of delegation of powers and duties
45. Exercise of powers in special cases
46. Power to make public instruments and perform acts
47. Power to relate back appointment
PART VII BOARDS AND COMMITTEES
47A. Power of Governor to appoint advisory bodies
48. Power to appoint chairman
49. Power to appoint public officer to board, etc.
50. Appointment of alternates
51. Powers of board, etc. not affected by vacancy
52. Power of majority and exercise of powers
53. Seal
PART VIII PUBLIC OFFICERS AND PUBLIC CONTRACTS
54. References to public officer
54A. Power to transfer functions of public officers
55. Change of title of office
56. Appointment of officers by name or office
57. Filling vacancy
58. Power to appoint while holder on retirement leave
59. Contracts by public officer
60. Effect of past contracts by public officer
61. Omission of title after signature of public officer immaterial
PART IX CROWN, GOVERNOR AND GOVERNOR IN COUNCIL
62. Signification of orders of Governor and Governor in Council
63. Delegation by Governor
64. Appeals and objections to Governor in Council
65. References to the Sovereign
66. Saving of rights of Crown
PART X TIME AND DISTANCE
67. Hong Kong Time
68. (Repealed)
69. References to "a.m." and "p.m."
70. Provision where no time prescribed
71. Computation of time
72. Power to extend time
73. Distance
74. Warrants, etc. valid on public holiday
PART XI IMPERIAL ENACTMENTS
75. Modifications
76. Citation of imperial enactments
77. Construction of reference to imperial enactment
78. References to subsidiary legislation under imperial Acts
79. Construction of imperial enactments
80. Copies of imperial enactments
PART XII FEES, PENALTIES, OFFENCES AND PROCEEDINGS
81. Attempts to commit offences
82. Reference to an offence to include attempts, etc.
83. Acts constituting 2 or more offences
84. Liability of directors, etc.
85. Imposition of penalty not to bar civil action
86. Penalties prescribed to be deemed maximum penalties
87. Statement of penalty at end of section
88. Certain penalties may be cumulative
88A. Power to increase fines
89. Trial of offences
90. Punishment of indictable offences, including conspiracies and
incitements
91. Evidence of signature or fiat, etc.
91A. Prosecution of offences
92. Amendment of penalty
93. Disposal of fines and penalties
94. Disposal of forfeits
95. Award of compensation
96. Reduction, etc. of fees and charges
97. Collection of fees
PART XIII MISCELLANEOUS
98. Copies of Ordinances, etc. in Gazette
98A. Rectification of errors
99. Reprint of Ordinances
100. Performance of acts for which payment required
101. Amendment of Schedules
Schedule 1 Boundaries of the City of Victoria
Schedule 2 Boundaries of the Colony
Schedule 3 Boundaries of the Harbour
Schedule 4 Area of Kowloon
Schedule 5 Area of New Kowloon
Schedule 6 Public Officers
To consolidate and amend the law relating to the construction, application
and interpretation of laws, to make general provisions with regard
thereto, to define terms and expressions used in laws and public
documents, to make general provision with regard to public officers,
public contracts and civil and criminal proceedings and for purposes and
for matters incidental thereto or connected therewith.
[31 December 1966] L. N. 88 of 1966
PART I SHORT TITLE AND APPLICATION
1. Short title
This Ordinance may be cited as the Interpretation and General Clauses
Ordinance.
2. Application
(1) Save where the contrary intention appears either from this Ordinance
or from the context of any other Ordinance or instrument, the provisions
of this Ordinance shall apply to this Ordinance and to any other Ordinance
in force, whether such other Ordinance came or comes into operation before
or after the commencement of this Ordinance, and to any instrument made or
issued under or by virtue of any such Ordinance.
(2) This Ordinance shall be binding on the Crown.
PART II INTERPRETATION OF WORDS AND EXPRESSIONS
3. Interpretation of words and expressions
"act", when used with reference to an offence or civil wrong, includes a
series of acts, an illegal omission and a series of illegal omissions;
"Act" and "Statute" mean an Act or Statute of Parliament;
"adult" [1] means a person who has attained the age of 18 years; (Amended
32 of 1990 s. 6)
"aircraft" means any machine that can derive support in the atmosphere
from the reactions of the air;
"alien" means a person who is neither a Commonwealth citizen nor a British
protected person nor a citizen of the Republic of Ireland; (Replaced 80 of
1982 s. 2)
"amend" means repeal, revoke, cancel, add to or vary and the doing of all
or any of such things simultaneously or by the same Ordinance or
instrument;
"arrestable offence" means an offence for which the sentence is fixed by
law or for which a person may under or by virtue of any law be sentenced
to imprisonment for a term exceeding 12 months, and an attempt to commit
any such offence; (Added 30 of 1971 s. 2) "Attorney General" means the
Attorney General of Hong Kong;
"British citizen" means a person who has the status of a British citizen
under the British Nationality Act 1981 (1981 c. 61 U. K.); (Added 80 of
1982 s. 2)
"British Dependent Territories citizen" means a person who has the status
of a British Dependent Territories citizen under the British Nationality
Act 1981 (1981 c. 61 U. K.); (Added 80 of 1982 s. 2)
"British Overseas citizen" means a person who has the status of a British
Overseas citizen under the British Nationality Act 1981 (1981 c. 61 U.
K.); (Added 80 of 1982 s. 2)
"British protected person" means a person who has the status of a British
protected person under the British Nationality Act 1981 (1981 c. 61. U.
K.); (Added 80 of 1982 s. 2)
"British subject" means a person who has the status of a British subject
under the British Nationality Act 1981 (1981 c. 61 U. K.); (Replaced 80 of
1982 s. 2)
"Chief Justice" means the Chief Justice of Hong Kong;
"Chief Secretary" means the Chief Secretary of Hong Kong; (Replaced 39 of
1982 s. 2)
"Christian name" means any name prefixed or suffixed to a surname, whether
received in Christian baptism or otherwise;
"City of Victoria" and "Victoria" mean the area within the boundaries
specified in Schedule 1;
"Clerk of Councils" means the Clerk to the Executive Council and the
Legislative Council and any person appointed by the Governor to be Deputy
Clerk of Councils;
"coin" means gold, silver, bronze, cupronickel or other coin in use as
legal currency in Hong Kong;
"Colony" and "Hong Kong" mean the area of land and the area of Deep Bay
and Mirs Bay lying within the boundaries specified in Schedule 2 and the
territorial waters appertaining thereto;
"commencement", when used in relation to an Ordinance, or any part or
provision thereof, means the date on which the Ordinance, part or
provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial", when used in relation to any person, means-
(a) committed to prison with a view to his being tried before the High
Court; or
(b) admitted to bail upon recognizances to appear and stand his trial
before the High Court; (Amended 92 of 1975 s. 59)
"common law" means the common law of England;
"Commonwealth citizen" means a person who has the status of a Commonwealth
citizen under the British Nationality Act 1981 (1981 c. 61 U. K.); (Added
80 of 1982 s. 2)
"consul" and "consular officer" mean any person, including the head of a
consular post, recognized by the competent authority of the receiving
state as entrusted in that capacity with the exercise of consular
functions;
"contravene" in relation to any requirement or condition prescribed in any
Ordinance or in any grant, permit, licence, lease or authority granted
under or by virtue of any Ordinance includes a failure to comply with that
requirement or condition;
"counsel" means a person admitted to practise as counsel before the High
Court; (Amended 92 of 1975 s. 59)
"court" means any court of the Colony of competent jurisdiction;
"Crown Agents" means the persons or body for the time being acting as
Crown Agents for Oversea Governments and Administrations;
"Crown lease" means any lease granted by the Crown, any instrument whereby
the term of a Crown lease may have been extended or the provisions thereof
varied and any agreement for a Crown lease;
"daily penalty" means a penalty for each day on which the offence is
continued after conviction therefor;
"definition" means the interpretation given by an Ordinance to any word or
expression;
"District Board" means a District Board established under the District
Boards Ordinance (Cap. 366); (Added 42 of 1981 s. 27)
"District Court" means the District Court of Hong Kong;
"District Judge" means a judge of the District Court;
"document" means any publication and any matter written, expressed or
described upon any substance by means of letters, characters, figures or
marks, or by more than one of these means;
"enact", in relation to subsidiary legislation, means make; (Added 18 of
1987 s. 2)
"Executive Council" means the Executive Council of Hong Kong;
"export" means to take out or cause to be taken out of the Colony by air,
land or water;
"Financial Secretary" means the Financial Secretary of Hong Kong and the
Secretary for the Treasury; (Amended L. N. 94 of 1989)
"financial year" means the period from 1 April in any year to 31 March in
the immediately succeeding year, both days inclusive;
"forge" and "forgery" have the meaning assigned to those terms by Part IX
of the Crimes Ordinance (Cap. 200); (Added 49 of 1992 s. 5)
"full age" [1] means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" means-
(a) the Hong Kong Government Gazette and any supplement thereto;
(b) the Hong Kong (British Military Administration) Gazette published on
or between 12 October 1945 and 1 May 1946; and
(c) any Special Gazette or Gazette Extraordinary;
"general revenue" means the general revenue of Hong Kong; (Added 39 of
1982 s. 2)
"Government" means the Government of Hong Kong;
"Government Printer" means the Government Printer of Hong Kong and any
other printer authorized by or on behalf of the Governor to print any
Ordinance or any other document of the Government;
"Governor" means-
(a) the Governor of Hong Kong;
(b) the Acting Governor; (Replaced 54 of 1969 s. 2)
(c) to the extent to which a deputy to the Governor is authorized to
perform on behalf of the Governor any functions of the Governor, the
Deputy to the Governor; and
(d) where the Governor of Hong Kong is not intended, the Governor-General,
Governor, administrator or other officer for the time being administering
the government of any British possession;
"Governor in Council", "Governor in Executive Council" and "Governor with
the advice of the Executive Council" means the Governor acting after
consultation with the Executive Council in accordance with Royal
Instructions but not necessarily in such Council assembled;
"harbour" means the waters of the Colony within the boundaries specified
in Schedule 3;
"health officer" means-
(a) the Director, Deputy Director and Assistant Director of Health;
(Replaced L. N. 76 of 1989)
(b) any person appointed as a health officer by the Governor; and
(c) any person for the time being performing the duties of a health
officer under any Ordinance;
"immovable property" means-
(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached
to land;
"imperial enactment" means-
(a) any Act;
(b) any Order in Council;
(c) any Letters Patent or Royal Instructions; and
(d) any rule, regulation, proclamation, order, notice, rule of court, by-
law or other instrument made under or by virtue of any Act, Order in
Council, Letters Patent or Royal Instructions;
"import" means to bring or cause to be brought into the Colony by air,
land or water;
"infant" and "minor" [1] mean a person who has not attained the age of 18
years; (Amended 32 of 1990 s. 6)
"instrument" includes any publication in the Gazette having legal effect;
"judge" means the Chief Justice, a Justice of Appeal, a judge of the High
Court of Justice and a deputy judge of the High Court of Justice;
(Replaced 92 of 1975 s. 58. Amended 49 of 1983 s. 7)
"justice" and "justice of the peace" mean a person appointed to be a
justice of the peace for the Colony either by the Governor or by or under
any Ordinance;
"Kowloon" means the area specified in Schedule 4;
"Lands Tribunal" means the Lands Tribunal established under section 3 of
the Lands Tribunal Ordinance (Cap. 17); (Added 62 of 1974 s. 16)
"law" means any law for the time being in force in, having legislative
effect in, extending to, or applicable in, the Colony;
"Legislative Council" means the Legislative Council of Hong Kong;
"magistrate" means-
(a) any person appointed to be a permanent, special or marine magistrate
under the Magistrates Ordinance (Cap. 227); and
(b) 2 justices of the peace sitting together, to whom section 7 (2) of the
Magistrates Ordinance (Cap. 227) applies;
"master", when used with reference to a vessel, means the person (except a
pilot) having for the time being command or charge of the vessel;
"medical practitioner", "registered medical practitioner" and any words
importing that a person is recognized by any Ordinance to be a medical
practitioner in Hong Kong or a member of the medical profession in Hong
Kong, mean a person duly registered as, or deemed to be registered as, a
medical practitioner under the Medical Registration Ordinance (Cap. 161);
"month" means calendar month;
"movable property" means property of every description except immovable
property;
"New Kowloon" means the area specified in Schedule 5;
"New Territories" means the territories leased to Great Britain by the
Emperor of China under the Convention dated 9 June 1898;
"oath" and "affidavit" include, in the case of persons allowed or required
by law to affirm instead of swearing, affirmation; and "swear" in the like
case includes affirm;
"occupy" includes use, inhabit, be in possession of or enjoy the land or
premises to which the word relates, otherwise than as a mere servant or
for the mere purpose of the care, custody or charge thereof;
"offence" includes any crime and any contravention or other breach of, or
failure to comply with, any provision of any Ordinance, for which a
penalty is provided; (Amended 50 of 1991 s. 4 (1))
"official languages" means the English language and the Chinese language,
and a reference to an "official language" shall be construed as a
reference to the English language or the Chinese language as the case may
be; (Added 18 of 1987 s. 2)
"or", "other" and "otherwise" shall be construed disjunctively and not as
implying similarity, unless the word "similar" or some other word of like
meaning is added;
"Order in Council" means an order made by Her Majesty in Her Privy
Council;
"Ordinance" and "enactment" mean-
(a) any Ordinance enacted by the Governor by and with the advice and
consent of the Legislative Council;
(b) any proclamation made by the British Military Administration on or
between 1 September 1945 and 1 May 1946; and
(c) any subsidiary legislation made under any such Ordinance or
proclamation;
"Parliament" and "Imperial Parliament" mean the Parliament of England, the
Parliament of Great Britain and the Parliament of the United Kingdom;
"per cent", when used in relation to a rate of interest payable in any
circumstances, means the rate of interest specified payable in respect of
a year, unless it is expressly provided that it is payable in respect of
any other period;
"person" includes any public body and any body of persons, corporate or
unincorporate, and this definition shall apply notwithstanding that the
word "person" occurs in a provision creating or relating to an offence or
for the recovery of any fine or compensation;
"personal name" means the names other than a surname which a person most
commonly adopts in conjunction with his surname or, in the case of a
person having no surname, the names which he commonly adopts;
"pier" includes every quay, wharf or jetty of whatever description
connected to and having direct access to the shore and used or intended to
be used for the purposes of a pier, quay, wharf or jetty;
"police officer" and terms or expression referring to ranks in the Royal
Hong Kong Police Force shall bear the meanings respectively assigned to
them by the Police Force Ordinance (Cap. 232); (Amended 29 of 1969 s. 2)
"power" includes any privilege, authority and discretion;
"prescribed" and "provided", when used in or with reference to any
Ordinance, mean prescribed or provided by that Ordinance or by subsidiary
legislation made under that Ordinance;
"prison" means any place or building or portion of a building set apart
for the purpose of a prison under any Ordinance relating to prisons;
"Privy Council" means the Lords and others for the time being of Her
Majesty's Most Honourable Privy Council;
"property" includes-
(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and
profit, present or future, vested or contingent, arising out of or
incident to property as defined in paragraph (a) of this definition;
"public" includes any class of the public;
"publication" means-
(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other
contrivance by means of which any words or ideas may be mechanically,
electronically or electrically produced, reproduced, represented or
conveyed;
(c) anything whether of a similar nature to the foregoing or not,
containing any visible representation, or by its form, shape, or in any
manner, capable of producing, reproducing, representing or conveying words
or ideas; and
(d) every copy and reproduction of any publication as defined in
paragraphs (a), (b) and (c) of this definition;
"public body" includes-
(a) the Executive Council;
(b) the Legislative Council;
(c) the Urban Council;
(ca) any District Board; (Added 42 of 1981 s. 27)
(cb) the Regional Council; (Added 39 of 1985 s. 60)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;
"public holiday" and "general holiday" mean any day which is a general
holiday by virtue of any provision of the Holidays Ordinance (Cap. 149);
"public office" means any office or employment the holding or discharging
of which by a person would constitute that person a public officer;
"public officer" and "public servant" mean any person holding an office of
emolument under the Crown in right of the Government of Hong Kong, whether
such office be permanent or temporary;
"public place" means-
(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place
of general resort, admission to which is obtained by payment or to which
the public have or are permitted to have access;
"public seal" means the public seal of Hong Kong;
"Regional Council" means the Regional Council established by the Regional
Council Ordinance (Cap. 385); (Added 39 of 1985 s. 60)
"registered", when used with reference to a document, means registered
under the provisions of any law applicable to the registration of such a
document;
"Registrar of the Supreme Court" means the Registrar of the Supreme Court
and any Deputy or Assistant Registrar of the Supreme Court;
"repeal" includes rescind, revoke, cancel or replace;
"rules of court", when used in relation to any court, means rules made by
the authority having for the time being power to make rules and orders
regulating the practice and procedure of such court;
"Secretary of State" means one of Her Majesty's Principal Secretaries of
State for the time being;
"sell" includes exchange and barter;
"ship" includes every description of vessel used in navigation not
exclusively propelled by oars;
"sign" includes, in the case of a person unable to write, the affixing or
making of a seal, mark, thumbprint or chop;
"solicitor" means a person admitted to practise as a solicitor before the
High Court; (Amended 92 of 1975 s. 59)
"statutory declaration", if made-
(a) in Hong Kong, means a declaration under the repealed Statutory
Declarations Ordinance or the Oaths and Declarations Ordinance (Cap. 11);
(Replaced 20 of 1972 s. 24)
(b) in any part of the Commonwealth except the Colony, means a declaration
made before a justice of the peace, notary public, or other person having
authority therein under any legal provision for the time being in force in
such part to take or receive a declaration
(c) in any other place, means a declaration before a British consul or
person having authority under any Act for the time being in force to take
or receive a declaration;
"street" and "road" mean-
(a) any highway, street, road, bridge, thoroughfare, parade, square,
court, alley, lane, bridleway, footway, passage, tunnel; and (Amended 54
of 1969 s. 2)
(b) any open place, whether situate on land leased from the Crown or not,
used or frequented by the public or to which the public have or are
permitted to have access; "subsidiary legislation" and "regulations" mean
any proclamation, rule, regulation, order, resolution, notice, rule of
court, bylaw or other instrument made under or by virtue of any Ordinance
and having legislative effect;
"summary conviction" means a summary conviction by a magistrate in
accordance with the provisions of the Magistrates Ordinance (Cap. 227);
"Supreme Court" means the Supreme Court of Hong Kong;
"surname" includes a clan or family name;
"territorial waters" means such part of the sea adjacent to the coast of
the Colony as is deemed by international law to constitute the territorial
waters of Hong Kong;
"treaty" means a treaty, convention or agreement made with a foreign
state, and any protocol or declaration attached thereto or independent
thereof but referring thereto;
"triable summarily" means triable by a magistrate, in accordance with the
provisions of the Magistrates Ordinance
(Cap. 227);
"trust territory" means a territory administered by the Government of any
part of Her Majesty's dominions under the trusteeship system of the United
Nations;
"United Kingdom" means-
(a) the United Kingdom of Great Britain and Northern Ireland; or
(b) when used with reference to citizenship or nationality, Great Britain,
Northern Ireland, the Channel Islands and the Isle of Man; (Replaced 80 of
1982 s. 2)
"urban areas" means the Colony, excluding the New Territories except New
Kowloon;
"Urban Council" means the Urban Council established by the Urban Council
Ordinance (Cap. 101);
"vessel" means any ship or boat and any description of vessel used in
navigation;
"waters of the Colony", "waters of Hong Kong" and "Colonial waters"
mean-(Amended 39 of 1982 s. 2)
(a) all waters, whether navigable or not, included in the Colony; and
(b) territorial waters;
"will" includes any testamentary instrument;
"words" includes figures and symbols;
"writing" and "printing" include writing, printing, lithography,
photography, typewriting and any other mode of representing words in a
visible form;
"year" means a year according to the Gregorian calendar;
"years of age" and words of a like meaning, when used with reference to
the age of any person, mean years of age according to the English
reckoning of ages.
4. Definition of "Commonwealth"
"Commonwealth" means collectively-
(a) the United Kingdom;
(b) the Channel Islands;
(c) the Isle of Man;
(d) the countries mentioned in Schedule 3 to the British Nationality Act
1981 (1981 c. 61 U. K.);
(e) the British Dependent Territories mentioned in Schedule 6 to the
British Nationality Act 1981 (1981 c. 61 U. K.).
(Replaced 80 of 1982 s. 2)
5. Grammatical variations and cognate expressions
Where any word or expression is defined in any Ordinance, such definition
shall extend to the grammatical variations and cognate expressions of such
word or expression.
6. References to Government property
Where reference is made in any Ordinance to property and the expressions
used in relation thereto imply that such property is owned by, or belongs
to, the Government, or convey a similar meaning, such reference shall be
deemed to refer to such of the property of the Crown of the description
mentioned as has been appropriated to the use of the Government.
7. Provisions for gender and number
(1) Words and expressions importing the masculine gender include the
female.
(2) Words and expressions in the singular include the plural and words and
expressions in the plural include the singular.
8. Service by post
Where any Ordinance authorizes or requires any documents to be served or
any notice to be given by post or by registered post, whether the
expression "serve" or "give" or "send" or any other expression is used,
the service or notice shall be deemed to be effected by properly
addressing, prepaying the postage thereon and dispatching it by post or by
registered post, as the case may be, to the last known postal address of
the person to be served or given notice, and, unless the contrary is
proved, such service or notice shall be deemed to have been effected at
the time at which the document or notice would be delivered in the
ordinary course of post.
(Amended 36 of 1972 s. 2)
9. Chinese words and expressions
Chinese words and expressions in the English text of an Ordinance shall be
construed according to Chinese language and custom.
(Replaced 18 of 1987 s. 3)
10. References to pounds sterling
The amount of Hong Kong dollars equivalent to an amount of pounds sterling
referred to in any law shall be calculated at the merchant selling rate of
The Hong Kong Association of Banks at the close of business on the
relevant day.
(Replaced 2 of 1975 s. 2)
PART II(A) GENERAL PROVISIONS AS TO LAWS IN BOTH OFFICIAL LANGU- AGES
10A. Application of Part II AThis Part shall apply to an Ordinance-
(a) enacted in both official languages; or
(b) in respect of which an authentic text is published under section 4B of
the Official Languages Ordinance (Cap. 5).
10B. Construction of Ordinances in both official languages
(1) The English language text and the Chinese language text of an
Ordinance shall be equally authentic, and the Ordinance shall be construed
accordingly.
(2) The provisions of an Ordinance are presumed to have the same meaning
in each authentic text.
(3) Where a comparison of the authentic texts of an Ordinance discloses a
difference of meaning which the rules of statutory interpretation
ordinarily applicable do not resolve, the meaning which best reconciles
the texts, having regard to the object and purposes of the Ordinance,
shall be adopted.
10C. Expressions of English law
(1) Where an expression of the common law is used in the English language
text of an Ordinance and an analogous expression is used in the Chinese
language text thereof, the Ordinance shall be construed in accordance with
the common law meaning of that expression.
(2) In this section "common law" means the common law and rules of equity
in force in Hong Kong.
10D. Name of statutory body corporate
Where an Ordinance establishes a body corporate and in the English
language text and Chinese language text of that Ordinance the name of the
body corporate is in the form only of the language of that text, the name
of the body corporate shall consist of the form of its name in each of the
texts of the Ordinance.
10E. Words etc. in the official languages may be declared as equivalents
(1) The Governor in Council may, by notice in the Gazette, declare that
any word, expression, office, title (including the short title of any
Ordinance), citation or thing therein specified in one official language
shall, in relation to the interpretation of an Ordinance, be the
equivalent of any word, expression, office, title, citation or thing
therein specified in the other official language.
(2) No declaration shall be made under this section unless a draft of the
notice has been laid before and approved by resolution of the Legislative
Council, and section 34 of this Ordinance shall not apply in relation to
any such declaration. (Part IIA added 18 of 1987 s. 4)
PART III GENERAL PROVISIONS AS TO ORDINANCES
11. Ordinance to be public Ordinance
Every Ordinance shall be a public Ordinance and shall be judicially
noticed as such.
12. Sections and schedules
(1) Every section of an Ordinance shall have effect as a substantive
enactment without introductory words.
(2) Every schedule to or table in any Ordinance and any notes to such
schedule or table shall be construed and have effect as part of such
Ordinance.
13. Citation of Ordinance
(1) Where any Ordinance is referred to, it shall be sufficient for all
purposes to cite such Ordinance by-
(a) the title, short title or citation thereof;
(b) its number among the Ordinances of the year in which it was enacted;
or
(c) any chapter number lawfully given to it under the authority of any
Ordinance providing for the issue of a revised or other edition of the
laws of Hong Kong. (Amended L. N. 54 of 1989)
(2) Any reference made to any Ordinance, in accordance with the provisions
of subsection (1), may be made according to the title, short title,
citation, number or chapter number used in copies of Ordinances printed by
the Government Printer.
(Amended L. N. 57 of 1974)
14. Collective citation
(1) Where it is provided that any Ordinance may, as to the whole or any
part thereof, be cited with any other Ordinance or with any group of
Ordinances, all such Ordinances shall be read and construed together, and
any such group shall be construed as including such first mentioned
Ordinance.
(2) Where it is provided that 2 or more Ordinances may together be cited
by a collective short title or citation containing therein the years of
the first and last of such Ordinances, such short title or citation shall
be construed to include all the Ordinances covered by the same, or any of
them.
15. Reference to Ordinance as amended
(1) Where in any Ordinance a reference is made to another Ordinance, such
reference shall be deemed to include a reference to such last mentioned
Ordinance as the same may from time to time be amended.
(2) Where any Ordinance repeals and re-enacts, with or without
modification, any provision of a former Ordinance, references in any other
Ordinance to the provision so repealed shall be construed as references to
the provision so re-enacted.
16. Citation of part of Ordinance
In any Ordinance a description or citation of a portion of an Ordinance
shall be construed as including the word, section or other part mentioned
or referred to as forming the beginning and as forming the end of the
portion comprised in the description or citation.
17. Construction of reference to Ordinance, section, etc.
(1) Any reference in any Ordinance to "any Ordinance" or to "any
enactment" shall be construed as a reference to any Ordinance for the time
being in force.
(2) Where in any Ordinance there is a reference to a section, Part,
Chapter or Schedule by number or letter only, and not in conjunction with
the title or short title of any other Ordinance, such reference shall be
construed as a reference to the section, Part, Chapter or Schedule of that
number or letter contained in the Ordinance in which such reference
occurs.
(3) Where in any section of any Ordinance there is a reference to a
subsection, paragraph, subparagraph or other division by number or letter
only, and not in conjunction with the number of any section of that or of
any other Ordinance, such reference shall be construed as a reference to
the subsection, paragraph, subparagraph or other division of that number
or letter contained in the section in which such reference occurs.
(4) The provisions of subsections (2) and (3) shall apply mutatis mutandis
to subsidiary legislation.
(5) Any reference to an Ordinance in any Ordinance shall include a
reference to any subsidiary legislation made under the Ordinance to which
reference is made.
18. Marginal notes and section headings
(1) Where any section, subsection or paragraph of any Ordinance is taken
verbatim from, or is substantially similar to, a section, subsection or
paragraph of any imperial enactment, there may be added as a note to the
section, subsection or paragraph of the Ordinance a reference, in
abbreviated form, to such section, subsection or paragraph of the imperial
enactment.
(2) A reference added under subsection (1) shall not have any legislative
effect and shall not in any way vary, limit or extend the interpretation
of any Ordinance.
(3) A marginal note or section heading to any provision of any Ordinance
shall not have any legislative effect and shall not in any way vary, limit
or extend the interpretation of any Ordinance.
(Amended 44 of 1988 s. 2)
19. General principles of interpretation
An Ordinance shall be deemed to be remedial and shall receive such fair,
large and liberal construction and interpretation as will best ensure the
attainment of the object of the Ordinance according to its true intent,
meaning and spirit.
PART IV COMMENCEMENT, DISALLOWANCE, AMENDMENT AND REPEAL
20. Commencement of Ordinance
Every Ordinance shall-
(a) be published in the Gazette; and
(b) come into operation on the expiration of the day next preceding the
day of such publication or, if it is provided in the Ordinance or in some
other law that such Ordinance shall come into operation on some other day,
then it shall come into operation on the expiration of the day next
preceding such other day.
21. Disallowance
(1) Where any Ordinance is disallowed by Her Majesty, such disallowance
shall be notified by the Governor by notice in the Gazette; and from and
after the date of publication of such notice the Ordinance shall cease to
have effect.
(2) Where notice of disallowance of any Ordinance is notified in
accordance with the provisions of subsection (1), the provisions of
section 23 shall apply in respect of such disallowance as if the words
"disallowance" and "disallowed" were substituted therein for the words
"repeal" and "repealed" respectively.
(3) Any Ordinance repealed or amended by any Ordinance disallowed shall
revive and continue in force in its original form with effect from the
date of publication of the notice referred to in subsection (1).
22. Ordinance and amending Ordinance to be read as one
Any Ordinance which amends any other Ordinance shall be read and construed
as one with the amended Ordinance, and the amended Ordinance may, in the
amending Ordinance, be referred to as the "Principal Ordinance",
"principal regulations" or as the case may be.
23. Effect of repeal generally
Where an Ordinance repeals in whole or in part any other Ordinance, the
repeal shall not-
(a) revive anything not in force or existing at the time at which the
repeal takes effect;
(b) affect the previous operation of any Ordinance so repealed or anything
duly done or suffered under any Ordinance so repealed;
(c) affect any right, privilege, obligation or liability acquired, accrued
or incurred under any Ordinance so repealed;
(d) affect any penalty, forfeiture or punishment incurred in respect of
any offence committed against any Ordinance so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid; and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced, and any such penalty,
forfeiture or punishment may be imposed, as if the repealing Ordinance had
not been passed.
24. Repealed Ordinance not revived
Where any Ordinance repealing in whole or in part any former Ordinance is
itself repealed, such last repeal shall not revive the Ordinance or
provision previously repealed, unless provision is made to that effect.
25. Repeal and substitution
Where any Ordinance repeals in whole or in part any other Ordinance and
substitutes other provisions therefor, the repealed Ordinance shall remain
in force until the substituted provisions come into operation.
26. Repeal of amended Ordinance to include amendments
Where any Ordinance which has been amended by any other Ordinance is
repealed, such repeal shall include the repeal of all those provisions of
such other Ordinance by which such first mentioned Ordinance was amended.
27. Effect of expiry of Ordinance
Upon the expiry or lapse of any Ordinance, the provisions of section 23
shall apply as if such Ordinance had been repealed.
PART V SUBSIDIARY LEGISLATION
28. General provision with regard to power to make subsidiary le- gislation
Where an Ordinance confers power on any authority to make subsidiary
legislation, the following provisions shall have effect with reference to
the making thereof-
(a) when any subsidiary legislation purports to be made in exercise of a
particular power or powers, it shall be deemed also to be made in exercise
of all other powers thereunto enabling;
(b) no subsidiary legislation shall be inconsistent with the provisions of
any Ordinance;
(c) subsidiary legislation may at any time be amended by the same
authority and in the same manner by and in which it was made:
Provided that where such authority has been replaced wholly or in part by
another authority, the power conferred hereby upon the original authority
may be exercised by the replacing authority concerning all matters or
things within its jurisdiction as if it were the original authority;
(d) where any Ordinance confers power on any authority to make subsidiary
legislation for any general purpose, and also for any special purpose
incidental thereto, the enumeration of the special purposes shall not be
deemed to derogate from the generality of the powers conferred with
reference to the general purpose;
(e) subsidiary legislation may provide that a contravention or breach
thereof shall be punishable on summary conviction by such fine not
exceeding $5,000 or by such term of imprisonment not exceeding 6 months as
may be specified in the subsidiary legislation or by both such fine and
imprisonment; (Amended 23 of 1981 s. 2)
(f) subsidiary legislation may amend any forms contained in the Ordinance
under which such subsidiary legislation is made and may prescribe new
forms for the purpose thereof and for the purposes of such subsidiary
legislation; and
(g) subsidiary legislation may provide for the imposition of fees and
charges in respect of any matter with regard to which provision is made in
such subsidiary legislation or in the Ordinance under which such
subsidiary legislation is made.
29. Fees and charges
(1) Where provision is made by any subsidiary legislation in respect of
fees or other charges, such subsidiary legislation may provide for all or
any of the following matters-
(a) specific fees or charges;
(b) maximum or minimum fees or charges;
(c) maximum and minimum fees or charges;
(d) the payment of fees or charges either generally or under specified
conditions or in specified circumstances;
(e) the exemption of any person or class of persons from the payment of
fees or charges; and
(f) the reduction, waiver or refund, in whole or in part, of any such fees
or charges, either upon the happening of a certain event or in the
discretion of a specified person.
(2) Where any reduction, waiver or refund, in whole or in part, of any fee
or charge is provided for by any subsidiary legislation, such reduction,
waiver or refund may be expressed to apply or be applicable either
generally or specially-
(a) in respect of certain matters or transactions or classes of matters or
transactions;
(b) in respect of certain documents or classes of documents;
(c) in respect of the occurrence or the termination of any event;
(d) in respect of certain persons or classes of persons; or
(e) in respect of any combination of such matters, transactions,
documents, events or persons, and may be expressed to apply or be
applicable subject to such conditions as may be specified in the
subsidiary legislation or in the discretion of any person specified
therein.
30. Subsidiary legislation to be judicially noticed
Subsidiary legislation shall be judicially noticed.
(Replaced 67 of 1975 s. 2)
31. Construction of subsidiary legislation
Where any Ordinance confers power to make any subsidiary legislation,
expressions used in the subsidiary legislation shall have the same meaning
as in the Ordinance conferring the power, and any reference in such
subsidiary legislation to "the Ordinance" shall be construed as a
reference to the Ordinance conferring the power to make such subsidiary
legislation.
32. Exercise of statutory powers between enactment and commence- ment of Ordinance
Where an Ordinance is not to come into operation on or before the
expiration of the day next preceding the day of the publication thereof
and confers power to make any appointment, to make any subsidiary
legislation, to issue notices, to prescribe forms or to do any other thing
for the purposes of the Ordinance, such power may be exercised at any time
after the publication of the Ordinance in the Gazette:
Provided that any appointment, subsidiary legislation, instrument, notice,
form or thing made, granted, issued, prescribed, given or done under such
power shall not, unless the appointment, subsidiary legislation,
instrument, notice, form or thing is necessary for bringing the Ordinance
into operation, come into operation or have any effect until the Ordinance
comes into operation.
33. Acts done under subsidiary legislation deemed done under Or- dinance
An act shall be deemed to be done under an Ordinance or by virtue of the
powers conferred by an Ordinance or in pursuance or execution of the
provisions of or under the authority of an Ordinance, if it is done under
or by virtue of or in pursuance or execution of or under the authority of
subsidiary legislation made under any power contained in that Ordinance.
34. Placing of subsidiary legislation before Legislative Council
(1) All subsidiary legislation shall be laid on the table of the
Legislative Council at the next sitting thereof after the publication in
the Gazette of that subsidiary legislation.
(2) Where subsidiary legislation has been laid on the table of the
Legislative Council under subsection (1), the Legislative Council may, by
resolution passed at a sitting of the Legislative Council held not later
than 28 days after the sitting at which it was so laid. provide that such
subsidiary legislation shall be amended in any manner whatsoever
consistent with the power to make such subsidiary legislation, and if any
such resolution is so passed the subsidiary legislation shall, without
prejudice to anything done thereunder, be deemed to be amended as from the
date of publication in the Gazette of such resolution.
(3) If the period referred to in subsection (2) would but for this
subsection expire-
(a) after the end of a session of the Legislative Council or a dissolution
thereof; but
(b) on or before the day of the second sitting of the Legislative Council
in the next following session thereof, that period shall be deemed to
extend to and expire on the day after that second sitting.
(4) Before the expiry of the period referred to in subsection (2) or that
period as extended by virtue of subsection (3), the Legislative Council
may by resolution in relation to any subsidiary legislation specified
therein extend that period or that period as so extended by a further
period not exceeding 21 days.
(5) Any resolution passed by the Legislative Council in accordance With
this section shall be published in the Gazette not later than 14 days
after the passing thereof or within such further period as the Governor
may allow in any particular case.
(6) In this section "subsidiary legislation" does not include a resolution
of the Legislative Council.
(Replaced 39 of 1986 s. 2)
35. Approval of Legislative Council to subsidiary legislation
Where any Ordinance provides that subsidiary legislation shall be subject
to the approval of the Legislative Council or of any other authority, or
contains words to the like effect, then-
(a) the subsidiary legislation shall be submitted for the approval of the
Legislative Council or other authority; and
(b) the Legislative Council may by resolution or the other authority may
by order amend the whole or any part of the subsidiary legislation.
36. Effect of repeal on subsidiary legislation
(1) Where any Ordinance-
(a) repeals any former Ordinance and substitutes other provisions
therefor; or
(b) repeals any former Ordinance and re-enacts such former Ordinance with
or without modification, any subsidiary legislation made under the former
Ordinance and in force at the commencement of the repealing Ordinance
shall, so far as it is not inconsistent with the repealing Ordinance,
continue in force and have the like effect for all purposes as if made
under the repealing Ordinance.
(2) Where any subsidiary legislation is continued in force by virtue of
subsection (1), such subsidiary legislation may be from time to time
amended as if it had been made under the repealing Ordinance.
37. Forms
(1) Where any form is prescribed by or under any Ordinance, deviations
therefrom, not affecting the substance of such form, shall not invalidate
it.
(2) Where a form is prescribed in any Ordinance in both official languages
and the text in one official language is combined in a particular manner
with, or is set out separately from, the text in the other official
language, the form may be printed and used-
(a) with the texts combined in any manner; or
(b) in either official language. (Added 18 of 1987 s. 5)
PART VI POWERS
38. Presumption of lawful exercise of power
Where any Ordinance confers power upon any person to-
(a) make any subsidiary legislation;
(b) make any instrument; or
(c) exercise any power,
and the Ordinance conferring the power prescribes conditions, subject to
the observance, performance or existence of which any such power may be
exercised, such conditions shall be presumed to have been duly fulfilled
if in the subsidiary legislation or instrument exercising the power there
is a statement that the subsidiary legislation or instrument is made, or
the power exercised, in exercise of, or in pursuance of, the power
conferred by such Ordinance, or a statement to the like effect.
39. Exercise of powers
(1) Where any Ordinance confers any power or imposes any duty, then the
power may be exercised and the duty shall be performed from time to time
as occasion requires.
(2) Where any Ordinance confers any power or imposes any duty on the
holder of any public office as such, then the power may be exercised and
the duty shall be performed by the holder for the time being of that
public office.
40. Construction of enabling words
(1) Where any Ordinance confers upon any person power to do or enforce the
doing of any act or thing, all such powers shall be deemed to be also
conferred as are reasonably necessary to enable the person to do or
enforce the doing of the act or thing.
(2) Without prejudice to the generality of subsection (1), where any
Ordinance confers power-
(a) to provide for, prohibit, control or regulate any matter, such power
shall include power to provide for the same by the licensing thereof and
power to prohibit acts whereby the prohibition, control or regulation of
such matter might be evaded;
(b) to grant a licence, Crown lease, permit, authority, approval or
exemption, such power shall include power to impose reasonable conditions
subject to which such licence, Crown lease, permit, authority, approval or
exemption may be granted;
(c) to approve any person or thing, such power shall include power to
withdraw approval thereof;
(d) to give directions, such power shall include power to couch the same
in the form of prohibitions.
(3) Without prejudice to the generality of subsection (1), whenever in any
Ordinance the expression "as the Governor may appoint" or "as the Governor
may direct" or "as the Governor may specify" or "as the Governor may
prescribe" or "as may be designated by the Governor", or any similar
expression referring to the Governor, appears and no power is expressly
conferred upon the Governor to make the appointment, give the direction or
specification, prescribe or make the designation, as the case may be, such
power shall nevertheless be deemed to be conferred.
(4) Subsection (3) shall have effect in relation to the Governor in
Council, a public officer, a public body or other person as it has effect
in relation to the Governor.
41. Power to issue licences, etc. discretionary
(1) Where any Ordinance confers power upon any person to issue, grant,
give or renew any licence, Crown lease, authority, approval or permit, the
person so empowered shall have a discretion either to issue, grant, give
or renew or to refuse to issue, grant, give or renew such licence, Crown
lease, authority, approval or permit.
(2) Nothing in this section shall affect any right which may be conferred
by any Ordinance upon any person to appeal against a refusal to issue,
grant, give or renew any licence, Crown lease, authority, approval or
permit.
42. Power to appoint includes power to suspend, dismiss, reap- point, etc.
Where any Ordinance confers a power or imposes a duty upon any person to
make any appointment or to constitute or establish any board, tribunal,
commission, committee or similar body, then the person having such power
or duty shall also have the power-
(a) to remove, suspend, dismiss or revoke the appointment of, and to
re-appoint or reinstate, any person appointed in exercise of such power or
duty;
(b) to revoke the appointment, constitution or establishment of, or to
dissolve, any board, tribunal, commission, committee or similar body
appointed, constituted or established, in exercise of such power or duty,
and to re-appoint, re-constitute or reestablish the same; and
(c) to specify the period for which any person appointed in exercise of
such power or duty shall hold such appointment:
Provided that where the power or duty of such person so to act is only
exercisable upon the recommendation, or is subject to the approval or
consent, of some other person, then such power shall only be exercisable
upon such recommendation or subject to such approval or consent.
43. Delegation by specified public officers
(1) Where any Ordinance confers powers or imposes duties upon a specified
public officer, such public officer may delegate any other public officer
or the person for the time being holding any office designated by him to
exercise such powers or perform such duties on his behalf, and thereupon,
or from the date specified by such specified public officer, the person
delegated shall have and may exercise such powers and perform such duties.
(2) Nothing in subsection (1) shall authorize a specified public officer
to delegate any person to make subsidiary legislation or to hear any
appeal.
(3) Where any Ordinance confers any power or imposes any duty upon a
specified public officer and such power is exercised or such duty is
performed by any other public officer, the specified public officer shall,
unless the contrary is proved, be deemed to have delegated the latter
public officer under subsection (1) to exercise the power or perform the
duty.
(4) In this section "specified public officer" means the person for the
time being holding any public office which has been specified, either
generally or for the purposes of any particular Ordinance, under this
section by the Governor by notice in the Gazette.
44. Effect of delegation of powers and duties
(1) Where any Ordinance confers power upon any person to delegate the
exercise on his behalf of any of the powers or the performance of any of
the duties conferred or imposed upon him under any Ordinance-
(a) such delegation shall not preclude the person so delegating from
exercising or performing at any time any of the powers or duties so
delegated;
(b) such delegation may be conditional, qualified or limited in such
manner as the person so delegating may think fit;
(c) where the delegation may be made only with the approval of some
person, such delegation may be conditional, qualified or limited in such
manner as the person whose approval is required may think fit;
(d) the delegation may be to a named person or to the person for the time
being holding any office designated by the person so delegating; and
(e) any delegation may be amended by the person so delegating. (Added 14
of 1971 s. 2)
(2) The delegation of any power shall be deemed to include the delegation
of any duty incidental thereto or connected therewith and the delegation
of any duty shall be deemed to include the delegation of any power
incidental thereto or connected therewith.
45. Exercise of powers in special cases
Where any Ordinance confers any power or imposes any duty upon the holder
of any public office and either-
(a) that office has been abolished; or
(b) no person has been appointed to discharge the functions of that
office, those powers and duties may be exercised or performed-
(i) in the case of making subsidiary legislation, by the Governor; and
(ii) in any other case, by the holder of such other public office as the
Governor may by order direct.
46. Power to make public instruments and perform acts
Where any Ordinance confers power upon any person to make, issue or
approve any proclamation, order, notice, declaration, instrument,
notification, licence, permit, register or list, such power shall include
power-
(a) to amend or suspend such proclamation, order, notice, declaration,
instrument, notification, licence, permit, register or list;
(b) to substitute another proclamation, order, notice, declaration,
instrument, notification, licence, permit, register or list for-one
already made, issued or approved;
(c) to withdraw approval of any proclamation, order, notice, declaration,
instrument, notification, licence, permit, register or list so approved;
and
(d) to declare the date of the coming into operation, and the period of
operation, of any such proclamation, order, notice, declaration,
instrument, notification, licence, permit, register or list.
47. Power to relate back appointment
Any appointment made under the provisions of any Ordinance may be declared
to have effect as from the date upon which the person appointed in fact
began to exercise the powers and perform the duties of his appointment,
not being a date earlier than the commencement of the Ordinance under
which the appointment is made.
PART VII BOARDS AND COMMITTEES
47A. Power of Governor to appoint advisory bodies
(1) The Governor may from time to time by order published in the Gazette
establish by law such advisory and other committees and bodies as he
considers appropriate in the public interest and may appoint the members
thereof.
(2) An order under subsection (1) may contain such provisions relating to
the committee or body established by the order as the Governor thinks fit,
including the terms of reference of the body, the terms of office of
members appointed to that body, the removal or resignation of members, the
re-appointment of members, quorums for meetings and similar procedural
matters.
(Added 39 of 1982 s. 3)
48. Power to appoint chairman
Where any Ordinance confers power upon any person to appoint any persons
to be members of any board, tribunal, commission, committee or similar
body, the person so appointing may appoint a chairman, a deputy chairman,
a vice-chairman and a secretary of such board, tribunal, commission,
committee or similar body.
49. Power to appoint public officer to board, etc.
Where any Ordinance confers power upon any person to appoint any persons
to be members of any board, tribunal, commission, committee or similar
body, the person so empowered may appoint any public officer, by his
official designation, to be a member of such board, tribunal, commission,
committee or similar body, and, on such appointment and until such
appointment shall be revoked or otherwise determined, the person for the
time being holding the public office in question shall be a member of such
board, tribunal, commission, committee or similar body.
50. Appointment of alternates
Where any board, tribunal, commission, committee or similar body is
established by or under any Ordinance, any person who is empowered by such
Ordinance to appoint any or all of the members thereof may-
(a) appoint 1 or more duly qualified persons to be alternate members of
the same, and any one such alternate member may attend any meeting of the
same when a substantive member is temporarily unable to attend for any
reason; and
(b) appoint a duly qualified person to be a temporary member of the same
in the place of any substantive member who is precluded by illness,
absence from the Colony or any other cause from exercising his functions
as such, and when attending any meeting of such board, tribunal,
commission, committee or similar body, such alternate or temporary member
shall be deemed for all purposes to be a member of the same.
51. Powers of board, etc. not affected by vacancy
Where any board, tribunal, commission, committee or similar body is
established by or under any Ordinance, the powers of such board, tribunal,
commission, committee or similar body shall not be affected by-
(a) any vacancy in the membership thereof;
(b) any defect in the appointment or qualification of a person purporting
to be a member thereof; or
(c) any minor irregularity in the convening of any meeting thereof.
52. Power of majority and exercise of powers
(1) Where any Ordinance confers a power or imposes a duty upon a body or
number of persons consisting of or being not less than 3, such power may
be exercised or duty performed in the name of that body or number of
persons by a majority of those persons.
(2) Whenever such body or number of persons is assembled, the chairman or
other member presiding shall have a casting as well as a deliberative
vote, in all matters in which a decisions is taken by vote by whatever
name such vote may be called.
(3) The exercise of any power vested in such body or number of persons may
be signified either by the chairman or other person presiding at the
meeting or other deliberation at which such power was exercised or at
which, as the case may be, authority to exercise it was conferred, or by
any person from time to time authorized by such body or persons to signify
the exercise of such power.
53. Seal
Where any Ordinance constitutes any board, tribunal, commission, committee
or similar body to be a body corporate having perpetual succession and a
common seal, and any document requires to be sealed with such common seal,
then such common seal shall be affixed by the chairman of such board,
tribunal, commission, committee or similar body, or by any member thereof
appointed by the chairman for that purpose, and shall be authenticated by
the signature of the chairman or such member.
PART VIII PUBLIC OFFICERS AND PUBLIC CONTRACTS
54. References to public officer
In any Ordinance, instrument, warrant or process of any kind, any
reference to a public officer, or to a person holding a public office by a
term designating his office, shall include a reference to any person for
the time being lawfully discharging the functions of that office, or any
part of such functions, and any person appointed to act in or perform the
duties of such office, or any part of such duties, for the time being.
(Amended L. N. 54 of 1989)
54A. Power to transfer functions of public officers
(1) The Legislative Council may by resolution provide for the transfer to
any public officer of any functions exercisable by virtue of any Ordinance
by another public officer.
(2) A resolution under this section may contain such incidental,
consequential and supplemental provisions as may be necessary or expedient
for the purpose of giving full effect to the resolution.
(3) A certificate issued by the Chief Secretary that any property vested
in a public officer immediately before a resolution under this section
takes effect has been transferred by virtue of the resolution to another
public officer shall be conclusive evidence of the transfer.
(4) In this section-
"functions" includes powers and duties;
"public officer" includes any corporation created for the purpose of
incorporating a person for the time being holding a public office.
(Added 67 of 1975 s. 3)
[cf. 1946 c. 31 s. 1U. K.]
55. Change of title of office
The Chief Secretary may, by notice (which may be given retrospective
effect) in the Gazette, declare a change in title of any public officer or
public body, or of any person referred to in any Ordinance, and the notice
may contain Provisions substituting the new title in any Ordinance
relating to the public officer, public body or person and in any
instrument, contract or legal proceedings made or commenced before the
date on which the notice takes effect.
(Replaced 67 of 1975 s. 4)
[cf. 1946 c. 31 s. 2 U. K.]
56. Appointment of officers by name of office
Where any Ordinance confers power upon any person to appoint or name a
person to have and exercise any powers or perform any duties, the person
so empowered may either appoint a person by name or direct the person for
the time being holding any office designated by him to have and exercise
such powers or perform such duties; and thereupon, or from the date
specified by the person so empowered, the person appointed by name or the
person holding the office aforesaid shall have and may exercise such
powers or perform such duties accordingly until such appointment be
revoked or otherwise determined.
57. Filling vacancy
(1) When any Ordinance confers a power or imposes a duty upon a public
officer and such public officer is unable to exercise the powers or
perform the duties of his office, owing to absence or inability to act
from illness or any other cause, the Governor may, by notice in the
Gazette, direct that such power shall be had and may be exercised and such
duty shall be performed by a public officer named by, or by a public
officer holding the office designated by, the Governor, subject to such
conditions, exceptions and qualifications as the Governor may direct.
(2) Any direction by the Governor under subsection (1) may be given-
(a) in anticipation of any absence or inability occurring; or
(b) subsequently thereto and may relate back to the commencement of such
absence or inability.
(3) Where any Ordinance confers powers or imposes duties upon a public
officer and a new post is subsequently created in the same or another
Government department, the Governor may, by notice in the Gazette, direct
that the said powers and duties or any of them shall be exercised by any
holder of the new post so created, either to the exclusion of or in
addition to the first named public officer or otherwise.
58. Power to appoint while holder on retirement leave
(1) Where the holder of any public office is on leave of absence pending
the relinquishment by him of such office, another person may be appointed
to the same public office.
(2) Where 2 or more persons are holding the same public office by reason
of an appointment made in accordance with subsection (1), then, for the
purposes of any Ordinance and in respect of any power conferred or duty
imposed upon the holder of such office, the person last appointed to the
office shall be deemed to be the holder thereof.
59. Contracts by public officer
In any contract or other document, signed, executed or made by the
Governor or by any public officer on behalf of the Governor or the
Government or of any Government department, it shall not be necessary to
name the Governor or such public officer, but it shall be sufficient to
name the office held by the Governor or such public officer, and the
Governor or public officer shall be deemed to be a party thereto as if the
Governor or such public officer were a corporation sole with perpetual
succession for this purpose.
60. Effect of past contracts by public officer
Any contract or other document signed, executed or made before the
commencement of this Ordinance by the Governor or by any public officer on
behalf of the Governor or the Government or of any Government department
shall be enforceable as if the office of Governor or such public officer
had, at the time of such execution or making, been a corporation sole with
perpetual succession for this purpose.
61. Omission of title after signature of public officer immaterial
The omission to add the title of the public office held by the Governor or
any public officer signing or executing any contract or other document
after the signature of such officer shall not exclude such contract or
other document from the operation of sections 59 and 60.
PART IX CROWN, GOVERNOR AND GOVERNOR IN COUNCIL
62. Signification of orders of Governorand Governor in Council
(1) Where any Ordinance confers a power or imposes a duty upon the
Governor or the Governor in Council to make any subsidiary legislation or
appointment, give any directions, issue any order, authorize any thing or
matter to be done, grant any exemption, remit any fee or penalty, or
exercise any other power or perform any other duty, the exercise of such
power or the performance of such duty may be signified-
(a) in the case of the Governor, under the hand of any public officer
specified in Schedule 6; (Amended 36 of 1972 s. 3)
(b) in the case of the Governor in Council, under the hand of the Clerk of
Councils.
(2) Notwithstanding the provisions of subsection (1), proclamations shall
be made or issued only under the hand of the Governor himself.
(3) The Governor may, by order published in the Gazette, amend Schedule 6.
(Added 36 of 1972 s. 3)
63. Delegation by Governor
(1) Where any Ordinance confers powers or imposes duties upon the
Governor, he may delegate any person by name or the person holding any
office designated by him to exercise such powers or perform such duties on
his behalf and thereupon, or from the date specified by the Governor, the
person so delegated shall have and may exercise such powers and perform
such duties.
(2) Without prejudice to the provisions of any Letters Patent or Royal
Instructions relating to the appointment of a deputy to the Governor,
nothing in subsection (1) shall authorize the Governor to delegate any
person to make subsidiary legislation, issue proclamations or to determine
any appeal.
(3) Where any Ordinance confers powers or imposes duties upon the Governor
and such power is exercised or such duty is performed by any public
officer, the Governor shall, unless the contrary is proved, be deemed to
have delegated such public officer under subsection (1) to exercise the
power or perform the duty.
64. Appeals and objections to Governor in Council
(1) Where any Ordinance confers upon any person a right of appeal or
objection to the Governor in Council, such appeal or objection shall be
governed by rules made in accordance with subsection (2). (Replaced 54 of
1969 s. 5)
(2) The Governor in Council may make rules governing the procedure to be
followed in appeals or objections to the Governor in Council. (Replaced 54
of 1969 s. 5)
(3) The conferring by any Ordinance of a right of appeal or objection to
the Governor in Council shall not prevent any person from applying to the
Supreme Court for an order of mandamus, certiorari, prohibition,
injunction or any other order, instead of appealing or making an objection
to the Governor in Council, where an application for such an order would
lie, but no proceedings by way of mandamus, certiorari, prohibition,
injunction or other order shall be taken against the Governor in Council
in respect of any such appeal or objection to the Governor in Council or
any proceedings connected therewith. (Amended 54 of 1969 s. 5)
(4) The Governor in Council, when considering any appeal or objection to
him (whether by way of petition or otherwise, and whether such appeal or
objection is made by virtue of any Ordinance or otherwise) shall act in an
administrative or executive capacity and not in a judicial or quasi-
judicial capacity and shall be entitled to consider and take into account
any evidence, material, information or advice in his absolute discretion.
(Amended 54 of 1969 s. 5)
(5) The Governor in Council, when considering any appeal or objection to
him (whether by way of petition or otherwise and whether such appeal or
objection is made by virtue of any Ordinance or otherwise) against any
decision of any person, public officer or public body, may confirm, vary
or reverse such decision or substitute therefor such other decision or
make such other order as the Governor in Council may think fit. (Amended
54 of 1969 s. 5)
65. References to the Sovereign
Any reference to the Sovereign or to the Crown shall be construed as a
reference to the Sovereign for the time being.
66. Saving of rights of Crown
No Ordinance shall in any manner whatsoever affect the right of or be
binding on the Crown unless it is therein expressly provided or unless it
appears by necessary implication that the Crown is bound thereby.
PART X TIME AND DISTANCE
67. Hong Kong Time
(1) Whenever any expression of time occurs in any Ordinance the time
referred to is Hong Kong Time.
(2) For the purposes of subsection (1), "Hong Kong Time" means the time
used for general purposes throughout Hong Kong namely, 8 hours, or such
other period as may be determined by the Legislative Council by resolution
under this subsection or under section 16 of the Oil (Conservation and
Control) Ordinance (Cap. 264), in advance of Greenwich Mean Time. (Amended
27 of 1979 s. 17)
(3) A resolution of the Legislative Council under subsection (2) may
determine Hong Kong Time for the whole or part of a year.
(4) Nothing in this section shall affect the use of Greenwich Mean Time
for the purposes of astronomy, meteorology, navigation or aviation, or
affect the construction of any document mentioning or referring to a point
of time in connection with any of these purposes.
(Replaced 17 of 1977 s. 3)
68. (Repealed 17 of 1977 s. 3)
69. References to "a.m." and "p.m."
The expression "a.m." indicates the period between midnight and the
following noon, and the expression "p.m." indicates the time between noon
and the following midnight. Where 2 such expressions occur conjunctively
in relation to any specified hour or in conjunction with the word "sunset"
or "sunrise", they shall be construed as relating to a consecutive period
of time.
70. Provision where no time prescribed
Where no time is prescribed or allowed within which any thing shall be
done, such thing shall be done without unreasonable delay, and as often as
due occasion arises.
71. Computation of time
(1) In computing time for the purposes of any Ordinance-
(a) a period of days from the happening of any event or the doing of any
act or thing shall be deemed to be exclusive of the day on which the event
happens or the act or thing is done;
(b) if the last day of the period is a public holiday or a gale warning
day the period shall include the next following day, not being a public
holiday or a gale warning day;
(c) where any act or proceeding is directed or allowed to be done or taken
on a certain day, then if that day is a public holiday or a gale warning
day, the act or proceeding shall be considered as done or taken in due
time if it is done or taken on the next following day, not being a public
holiday or a gale warning day;
(d) where an act or proceeding is directed or allowed to be done or taken
within any time not exceeding 6 days, no public holiday or a gale warning
day shall be reckoned in the computation of that time. (Amended 43 of 1983
s. 2)
(2) In this section "gale warning day" means any day throughout or for
part of which a gale warning is in force, and "gale warning" has the
meaning assigned to it by section 2 of the Judicial Proceedings
(Adjournment During Gale Warnings) Ordinance (Cap. 62). (Added 43 of 1983
s. 2)
72. Power to extend time
Where in any Ordinance a time is prescribed for doing any act or taking
any proceeding and power is given to a court, public body, public officer
or other authority to extend such time, then the power may be exercised by
the court, public body, public officer or other authority although the
application for the same is not made until after the expiration of the
time prescribed.
73. Distance
In the measurement of any distance for the purposes of any Ordinance, that
distance shall be measured in a straight line on a horizontal plane.
74. Warrants, etc. valid on public holiday
Any summons, notice, warrant or other process may be issued, served or
executed and any arrest, search or seizure may be carried out or made on
any day, whether a public holiday or not, and at any hour of the day or
night.
PART XI IMPERIAL ENACTMENTS
75. Modifications
An imperial enactment shall be judicially noticed as such and shall be
read with such modifications as to names, localities, courts, officers,
persons, moneys, penalties or otherwise as may be necessary to make the
same applicable to the circumstances of the Colony.
76. Citation of imperial enactments
An imperial enactment may be cited by a short title or citation, if any,
or by reference to the regnal or calendar year in which it was passed or
by the number assigned to any statutory instrument or statutory rule and
order.
77. Construction of reference to imperial enactment
A reference in any law to an imperial enactment or to any provision, part
or division thereof shall be construed as a reference to the same as the
same may be from time to time amended and as a reference to any imperial
enactment or to any provision, part or division of an imperial enactment,
substituted therefor.
(Amended 54 of 1969 s. 6)
78. References to subsidiary legislation under imperial Acts
A reference in any law to any imperial Act shall include a reference to
any Order in Council, rule, regulation, proclamation, order, notice, rule
of court, by-law or other instrument made under or by virtue thereof and
having legislative effect.
79. Construction of imperial enactments
Any imperial enactment shall be construed in accordance with the terms
thereof and of any interpretation statute applicable thereto and, to the
extent to which no provision is made in the imperial enactment or in such
statute for the interpretation thereof, in accordance with the provisions
of this Ordinance as if such imperial enactment were itself an Ordinance;
and any reference in this Ordinance to an Ordinance shall, in the
interpretation of an imperial enactment, include a reference to imperial
enactments.
80. Copies of imperial enactments
A copy of an imperial enactment shall, if it-
(a) is published in the Gazette or purports to be printed by the
Government Printer; or
(b) is contained in any printed collection purporting to be published or
printed by authority, be deemed, until the contrary is proved, to be an
authentic copy of the imperial enactment as at the date of such
publication or printing. (Replaced 2 of 1975 s. 4)
PART XII FEES, PENALTIES, OFFENCES AND PROCEEDINGS
81. Attempts to commit offences
(1) A provision in any Ordinance which creates or results in the creation
of an offence shall be deemed to include a provision that an attempt to
commit such an offence shall itself constitute an offence which may be
dealt with and punished in like manner as if the offence had been
committed.
(2) Where a person is charged with an offence, he may be convicted of
having attempted to commit that offence although he was not charged with
the attempt.
(3) Nothing in this section shall affect any law relating to attempts to
commit offences at common law.
82. Reference to an offence to include attempts, etc.
(1) Where-
(a) any Ordinance confers a power or imposes a duty which is to be
exercised or performed consequent upon a conviction of an offence or in
relation to a person who is detained in custody for an offence; or
(b) a reference is otherwise made in any Ordinance to an offence, then
that power or duty or that reference shall be deemed to be also
exercisable or performable consequent upon a conviction of, or include a
reference to, as the case may be-
(i) an attempt to commit that offence;
(ii) aiding, abetting, counselling or procuring that offence;
(iii) a conspiracy to commit that offence; and
(iv) an incitement to commit that offence.
(Added 64 of 1983 s. 2)
(2) Subsection (1) shall apply to powers of imposing pecuniary penalties
and of forfeiture, seizure and search, and to powers and discretions to
cancel, suspend or refuse to issue any licence, permit or other
authorization, but nothing in this section shall be deemed to authorize
the imposition of any sentence of imprisonment otherwise than in default
of payment of any pecuniary penalty which may be imposed by virtue of this
section. (Amended 24 of 1993 s. 13)
83. Acts constituting 2 or more offences
Where any act constitutes 2 or more offences, whether under the same
Ordinance or otherwise, the offender shall be liable to be prosecuted and
punished for any or all such offences but shall not be liable to be
punished twice for the same offence.
84. Liability of directors, etc.
Where a person by whom an offence under any Ordinance has been committed
is a company and it is proved that the offence was committed with the
consent or connivance of a director or other officer concerned in the
management of the company, or any person purporting to act as such
director or officer, the director or other officer shall be guilty of the
like offence.
(Amended 67 of 1975 s. 5)
85. Imposition of penalty not to bar civil action
The imposition of a penalty or fine by or under any Ordinance shall not
relieve any person from liability to answer in damages to a person
injured.
86. Penalties prescribed to be deemed maximum penalties
Where in any Ordinance a penalty is prescribed for an offence under that
Ordinance, such provision shall imply-
(a) that such offence shall be punishable upon conviction by a penalty not
exceeding the penalty prescribed; and
(b) if the amount of the fine is unspecified, that such offence shall,
without prejudice to any law against excessive or unreasonable fines or
assessments, be punishable by a fine of any amount.
87. Statement of penalty at end of section
Where in any Ordinance a penalty is set out at the foot of any section or
part thereof the same shall mean that any contravention of that section or
part shall be an offence under such Ordinance punishable upon conviction
by a penalty not exceeding the penalty so set out.
88. Certain penalties may be cumulative
Where in any Ordinance more than one penalty is prescribed for an offence,
the use of the word "and" shall mean that the penalties may be inflicted
alternatively or cumulatively.
88A. Power to increase fines
(1) The Legislative Council may, by resolution, amend any Ordinance so as
to increase the amount of any fine specified in that Ordinance.
(2) A resolution under this section may contain such incidental,
consequential and supplemental provisions as may be necessary or expedient
for the purpose of giving full effect to the resolution.
(Added 23 of 1981 s. 3)
89. Trial of offences
(1) Where any provision in any Ordinance creates, or results in the
creation of, an offence, the offence shall be triable summarily only,
unless-
(a) the offence is declared to be treason;
(b) the words "upon indictment" or "on indictment" appear; or (Amended L.
N. 54 of 1989)
(c) (Repealed 50 of 1991 s. 4 (1))
(d) the offence is transferred to the District Court in accordance with
Part IV of the Magistrates Ordinance (Cap. 227). (Added 16 of 1970
Schedule)
(2) Where any provision in any Ordinance creates, or results in the
creation of, an offence and-
(a) the offence is declared to be treason; or
(b) subject to subsection (4), the words "upon indictment" or "on
indictment" appear. the offence shall be triable only upon indictment.
(3) (Repealed 50 of 1991 s. 4 (1))
(4) Where any provision in any Ordinance creates, or results in the
creation of, an offence and the offence is declared to be triable either
summarily or upon indictment or to be punishable on summary conviction or
on indictment, the offence shall be triable either on indictment or
summarily.
(5) Nothing in this section shall affect-
(a) the powers conferred upon a magistrate by the Magistrates Ordinance
(Cap. 227) or by any other law to try an indictable offence summarily; or
(b) the powers conferred upon the District Court by any law to try
indictable offences. (Amended 50 of 1991 s. 4 (1))
90. Punishment of indictable offences, including conspiracies and incitements
(1) Subject to subsections (2), (3) and (4), where a person is convicted
of an offence which is an indictable offence and for which no penalty is
otherwise provided by any Ordinance, he shall be liable to imprisonment
for 7 years and a fine. (Amended 12 of 1986 s. 2; 50 of 1991 s. 4 (1))
(2) Where a person is convicted of-
(a) (Repealed 12 of 1986 s. 2)
(b) conspiring; or
(c) incitement,
to commit an offence for which a maximum penalty is provided by any
Ordinance, and no penalty is otherwise provided by any Ordinance for such
conspiracy or incitement, he shall be liable to be sentenced to that
maximum penalty. (Amended 12 of 1986 s. 2)
(3) (Repealed 24 of 1993 s. 14)
(4) Where a person is convicted of the offence at common law of conspiracy
to defraud, he shall be liable to imprisonment for 14 years. (Added 12 of
1986 s. 2) (Replaced 64 of 1983 s. 3)
91. Evidence of signature or fiat, etc.
Where the fiat, authorization, sanction, consent or authority of the
Governor or any other public officer is necessary before any prosecution
or action is commenced, or for any purpose whatsoever in connection with
any proceeding, any document purporting to bear the fiat, authorization,
sanction, consent or authority of the Governor, or such public officer, as
the case may be, shall, until the contrary is proved, be received as
evidence in any proceeding without proof being given that the signature to
such fiat, authorization, sanction, consent or authority is that of the
Governor or such public officer.
91A. Prosecution of offences
Where any Ordinance provides that no prosecution for an offence shall be
commenced without the consent of some person other than the Attorney
General, such a provision shall not derogate from the powers of the
Attorney General in respect of the prosecution of that offence.
(Added 54 of 1969 s. 7)
92. Amendment of penalty
Where an act or omission constitutes an offence and the penalty for such
offence is varied between the time of the commission of such offence and
the conviction therefor, the offender shall be liable to the penalty
prescribed at the time of the commission of the offence.
93. Disposal of fines and penalties
Any fine or penalty imposed by or under the authority of any Ordinance
shall be paid into the general revenue of the Colony:
Provided that the Governor may direct the payment to any aggrieved person,
or to any person whose information or evidence has led to the conviction
of the offender or to the recovery of the fine or penalty, of such
proportion of the fine or penalty as he may think fit.
94. Disposal of forfeits
(1) Where under any Ordinance any movable property is adjudged by any
court or other authority to be forfeited, it shall be forfeited to the
Crown, and the net proceeds thereof, if it is ordered by a competent
authority to be sold, shall be paid into the general revenue of the
Colony.
(2) Nothing in this section shall affect any provision in any Ordinance
whereby any portion of any forfeit or of the proceeds of any forfeit is
expressed to be recoverable by any person or may be granted by any
authority to any person.
95. Award of compensation
(1) The Legislative Council may by resolution award compensation, by way
of either a single payment or periodical payments, from the general
revenue of the Colony to any person injured in the execution of a moral or
legal duty to assist in the prevention of or resistance to crime or any
offence, or to the dependants of a person so injured who dies as a result
of such injury. (Amended L. N. 54 of 1989)
(2) Any award made under this section may be made subject to such
conditions as may be specified in such resolution and may at any time be
varied or revoked by the Legislative Council by resolution.
(3) No award made under this section shall be assignable or transferable
or liable to be attached, sequestered or levied upon for or in respect of
any debt or claim whatsoever other than a debt due to the Government.
96. Reduction, etc. of fees and charges
Any fee or charge made payable by or under any Ordinance to the Crown or
the Government or to any public body other than the Urban Council or the
Regional Council or public officer, not being a fee or charge which is
regulated by rules of court-(Amended 19 of 1973 s. 54; 39 of 1985 s. 60)
(a) may be reduced or varied by order of the Governor:
Provided that no variation thereof shall cause such fee or charge to
exceed the original figure;
(b) may be remitted or refunded, in whole or in part, in any particular
case and on any special ground by the Governor;
(c) subject as aforesaid shall be paid into or from the general revenue of
the Colony.
97. Collection of fees
(1) Where, for the purposes of any Ordinance, any foreign or Commonwealth
law or any treaty, the signature of the Governor or of any public officer
is affixed to any certificate, authorization, consent, licence, permit or
exemption, or any alteration, transfer or renewal thereof, addition
thereto or endorsement thereon, or any copy of the same, and no fee for
such signature is prescribed by law, there shall be payable for such
signature such fee as the Financial Secretary may prescribe by notice in
the Gazette. (Amended 42 of 1983 s. 2)
(2) Where any Ordinance requires or authorizes the issue of any document
by a public officer, such public officer may, subject to any directions of
the Governor, issue a duplicate of such document, upon payment of such fee
as may be prescribed by law or as the Financial Secretary may prescribe by
notice in the Gazette if no fee is prescribed by law.
(3) Where any Ordinance requires or authorizes any alteration, transfer,
or endorsement of or addition to any certificate, authorization, consent,
licence, permit or exemption by a public officer, such fee shall be
payable therefor as may be prescribed by law or as the Financial Secretary
may prescribe by notice in the Gazette if no fee is prescribed by law.
(4) Where an extract of any document, book, record or instrument may be
properly certified by a public officer as a true extract of such document,
book, record or instrument, such fee shall be payable for the certifying
of the extract by such officer as may be prescribed by law or as the
Financial Secretary may prescribe by notice in the Gazette if no fee is
prescribed by law.
(5) No fee shall be payable under this section for anything done by a
public officer on behalf of the Urban Council or the Regional Council.
(Added 65 of 1979 s. 10. Amended 39 of 1985 s. 60)
(Amended 69 of 1973 s. 4)
PART XIII MISCELLANEOUS
98. Copies of Ordinances, etc. in Gazette
(1) A copy of an Ordinance shall, if published in the Gazette, be deemed
to be an authentic copy of that Ordinance as at the date of such
publication. (Amended 51 of 1990 s. 4)
(2) A copy of any other instrument shall, if published in the Gazette or
purporting to be printed by the Government Printer, on its production be
admitted as prima facies evidence thereof in all courts and for all
purposes whatsoever without any further proof.
(Replaced 2 of 1975 s. 5)
98A. Rectification of errors
(1) The Attorney General may, by order published in the Gazette, rectify
any clerical or printing error appearing in any Ordinance printed or
published pursuant to this Ordinance. (Amended 51 of 1990 s. 5)
(2) Every order made under this section shall be laid on the table of the
Legislative Council without unreasonable delay, and, if a resolution is
passed at the first sitting of the Legislative Council held not less than
27 days after the sitting at which the order is so laid that the order be
annulled, it shall thenceforth be void, but without prejudice to the
validity of anything previously done thereunder, or to the making of a new
order. (Amended 2 of 1981 s. 3)
(Added 14 of 1971 s. 3)
99. Reprint of Ordinances
The Government Printer may, with the authority of the Governor, print
copies of any Ordinance with all additions, omissions, substitutions and
amendments effected by any amending Ordinances, and such copies shall be
deemed to be authentic copies of the Ordinance so amended as at the date
of such printing.
100. Performance of acts for which payment required
(1) Where any person, public officer, Government department or public body
is required to do anything for which a fee is to be paid or a charge made
under any Ordinance, such person, public officer, Government department or
public body may decline to do that thing until the fee or charge is paid
or, where the precise amount of the payment to be made cannot be
ascertained until the thing is done, until there be paid such amount as
may be estimated to be the correct amount by the person, public officer or
the responsible officer of the Government department or public body
required to do the thing.
(2) Where a thing has been done for which an estimated amount shall have
been paid, such amount shall be adjusted to the correct amount either by
means of a further payment or by a refund of the amount overpaid.
101. Amendment of Schedules
The Governor may from time to time, by notice in the Gazette, amend all or
any of the Schedules.
SCHEDULE 1 BOUNDARIES OF THE CITY OF VICTORIA [S. 3]
On the north-The Harbour;
On the west-A line running due north and south drawn through the north-
west angle of Inland Lot No. 1299 and extending southwards a distance of
850 feet from the aforesaid angle;
On the south-A line running due east from the southern extremity of the
western boundary until it meets a contour in the vicinity of the Hill
above Belchers 700 feet above principal datum, that is to say, a level
17.833 feet below the bench-mark known as "Rifleman's Bolt", the highest
point of a copper bolt set horizontally in the east wall of the Royal Navy
Office and Mess Block Naval Dockyard, and thence following the said
contour until it meets the eastern boundary;
On the east-A line following the west side of the Government Pier, Bay
View and thence along the west side of Hing Fat Street, then along the
north side of Causeway Road to Moreton Terrace. Thence along the west side
of Moreton Terrace to the south-east corner of Inland Lot No. 1580 and
produced in a straight line for 80 feet, and thence along the north side
of Cotton Path and produced until it meets the west side of Wong Nei Chong
Road on the east side of Wong Nei Chong Valley and thence to the south-
east angle of Inland Lot No. 1364, produced until it meets the southern
boundary.
SCHEDULE 2 BOUNDARIES OF THE COLONY [S. 3]
On the south-The parallel of latitude 22 09' north between the points
where it is intersected by the meridian of longitude 114 30' east of
Greenwich and the line of the western boundary;
On the north-A line drawn from the point where the meridian of longitude
113 52' east of Greenwich intersects the parallel of latitude touching the
extreme south-west point of the shore of Deep Bay to the said south-west
point of the shore of Deep Bay, thence along the high water mark upon the
shore of Deep Bay to the estuary of the Sham Chun River, thence by a line
drawn as described in the agreement delineating the northern frontier of
the New Territories signed by James Haldane Steward LOCKHART and WONG
Tsun-shin at Hong Kong on 19 March 1899, and following the high water mark
in Mirs Bay to the point where the meridian of longitude 114 30' east of
Greenwich intersects the mainland high water mark;
On the east-The meridian of longitude 114 30' east of Greenwich between
the points where it intersects the mainland high water mark and the
parallel of latitude 22 09' north;
On the west-The meridian of longitude 113 52' east of Greenwich between
the point where it intersects the parallel of latitude touching the
extreme south-west point of the shore of Deep Bay and the north coast of
Lantau Island. The boundary then follows the western coast line of Lantau
Island including the waters appertaining thereto to the extreme south-west
point thereof and thence runs in a south-easterly direction to the extreme
south-west point of Tai A Chau Island in the Soko Island Group and
continues in the same straight line to the point at which it intersects
the parallel of latitude 22 09' north.
SCHEDULE 3 BOUNDARIES OF THE HARBOUR [S. 3]
On the east-A straight line drawn from the westernmost extremity of Siu
Chau Wan Point to the westernmost extremity of Ah Kung Ngam Point
(sometimes known as Kung Am); On the west-A straight line drawn from the
westernmost point of Island of Hong Kong to the westernmost point of Green
Island, thence a straight line drawn from the westernmost point of Green
Island to the south-easternmost point of Tsing Yi, thence along the
eastern and northern coast lines of Tsing Yi to the westernmost extremity
of Tsing Yi and thence a straight line drawn true north therefrom to the
mainland. (Amended 54 of 1969 s. 8)
SCHEDULE 4 AREA OF KOWLOON [S. 3]
"Kowloon" means that portion of the peninsula of Kaulung which was ceded
to Great Britain by the Emperor of China on 24 October 1860.
SCHEDULE 5 AREA OF NEW KOWLOON [S. 3]
"New Kowloon" means that portion of the New Territories which is
delineated in red and shown upon a plan marked "New Kowloon" dated 8
December 1937, signed by the Director of Public Works, countersigned by
the Governor and deposited in the Land Registry. (Amended 8 of 1993 s. 2)
SCHEDULE 6 PUBLIC OFFICERS [S. 62]
Chief Secretary
Financial Secretary
Attorney General
Secretary for the Civil Service
Secretary for Constitutional Affairs
Secretary for Economic Services
Secretary for Education and Manpower
Secretary for Health and Welfare
Secretary for Home Affairs
Secretary for Financial Services
Secretary for Planning, Environment and Lands
Secretary for Recreation and Culture
Secretary for Security
Secretary for Trade and Industry
Secretary for Transport
Secretary for the Treasury
Director of Administration
Secretary for Works
Regional Secretary (Hong Kong and Kowloon)
Regional Secretary (New Territories)
Deputy Secretary
Deputy Director of Administration
Principal Assistant Secretary
Assistant Director of Administration
(Added 36 of 1972 s. 4. Replaced L. N. 195 of 1973; L. N. 145 of 1974.
Amended L. N. 238 of 1976; L. N. 63 of 1978; L. N. 21 of 1979; L. N. 282
of 1981; L. N. 379 of 1981; L. N. 24 of 1982; L. N. 73 of 1982; L. N. 50
of 1984; L. N. 151 of 1984; L. N. 76 of 1985; L. N. 320 of 1985; L. N. 55
of 1989; L. N. 94 of 1989; L. N. 262 of 1989; L. N. 291 of 1989; L. N. 99
of 1990; L. N. 167 of 1990; L. N. 273 of 1990; L. N. 323 of 1992; L. N.
354 of 1992; L. N. 96 of 1993)
ding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid; and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced, and any such penalty,
forfeiture or punishment may be imposed, as if the repealing Ordinance had
not been passed.
24. Repealed Ordinance not revived
Where any Ordinance repealing in whole or in part any former Ordinance is
itself repealed, such last repeal shall not revive the Ordinance or
provision previously repealed, unless provision is made to that effect.
25. Repeal and substitution
Where any Ordinance repeals in whole or in part any other Ordinance and
substitutes other provisions therefor, the repealed Ordinance shall remain
in force until the substituted provisions come into operation.
26. Repeal of amended Ordinance to include amendments
Where any Ordinance which has been amended by any other Ordinance is
repealed, such repeal shall include the repeal of all those provisions of
such other Ordinance by which such first mentioned Ordinance was amended.
27. Effect of expiry of Ordinance
Upon the expiry or lapse of any Ordinance, the provisions of section 23
shall apply as if such Ordinance had been repealed.
PART V SUBSIDIARY LEGISLATION
28. General provision with regard to power to make subsidiary le- gislation
Where an Ordinance confers power on any authority to make subsidiary
legislation, the following provisions shall have effect with reference to
the making thereof-
(a) when any subsidiary legislation purports to be made in exercise of a
particular power or powers, it shall be deemed also to be made in exercise
of all other powers thereunto enabling;
(b) no subsidiary legislation shall be inconsistent with the provisions of
any Ordinance;
(c) subsidiary legislation may at any time be amended by the same
authority and in the same manner by and in which it was made:
Provided that where such authority has been replaced wholly or in part by
another authority, the power conferred hereby upon the original authority
may be exercised by the replacing authority concerning all matters or
things within its jurisdiction as if it were the original authority;
(d) where any Ordinance confers power on any authority to make subsidiary
legislation for any general purpose, and also for any special purpose
incidental thereto, the enumeration of the special purposes shall not be
deemed to derogate from the generality of the powers conferred with
reference to the general purpose;
(e) subsidiary legislation may provide that a contravention or breach
thereof shall be punishable on summary conviction by such fine not
exceeding $5,000 or by such term of imprisonment not exceeding 6 months as
may be specified in the subsidiary legislation or by both such fine and
imprisonment; (Amended 23 of 1981 s. 2)
(f) subsidiary legislation may amend any forms contained in the Ordinance
under which such subsidiary legislation is made and may prescribe new
forms for the purpose thereof and for the purposes of such subsidiary
legislation; and
(g) subsidiary legislation may provide for the imposition of fees and
charges in respect of any matter with regard to which provision is made in
such subsidiary legislation or in the Ordinance under which such
subsidiary legislation is made.
29. Fees and charges
(1) Where provision is made by any subsidiary legislation in respect of
fees or other charges, such subsidiary legislation may provide for all or
any of the following matters-
(a) specific fees or charges;
(b) maximum or minimum fees or charges;
(c) maximum and minimum fees or charges;
(d) the payment of fees or charges either generally or under specified
conditions or in specified circumstances;
(e) the exemption of any person or class of persons from the payment of
fees or charges; and
(f) the reduction, waiver or refund, in whole or in part, of any such fees
or charges, either upon the happening of a certain event or in the
discretion of a specified person.
(2) Where any reduction, waiver or refund, in whole or in part, of any fee
or charge is provided for by any subsidiary legislation, such reduction,
waiver or refund may be expressed to apply or be applicable either
generally or specially-
(a) in respect of certain matters or transactions or classes of matters or
transactions;
(b) in respect of certain documents or classes of documents;
(c) in respect of the occurrence or the termination of any event;
(d) in respect of certain persons or classes of persons; or
(e) in respect of any combination of such matters, transactions,
documents, events or persons, and may be expressed to apply or be
applicable subject to such conditions as may be specified in the
subsidiary legislation or in the discretion of any person specified
therein.
30. Subsidiary legislation to be judicially noticed
Subsidiary legislation shall be judicially noticed.
(Replaced 67 of 1975 s. 2)
31. Construction of subsidiary legislation
Where any Ordinance confers power to make any subsidiary legislation,
expressions used in the subsidiary legislation shall have the same meaning
as in the Ordinance conferring the power, and any reference in such
subsidiary legislation to "the Ordinance" shall be construed as a
reference to the Ordinance conferring the power to make such subsidiary
legislation.
32. Exercise of statutory powers between enactment and commence- ment of Ordinance
Where an Ordinance is not to come into operation on or before the
expiration of the day next preceding the day of the publication thereof
and confers power to make any appointment, to make any subsidiary
legislation, to issue notices, to prescribe forms or to do any other thing
for the purposes of the Ordinance, such power may be exercised at any time
after the publication of the Ordinance in the Gazette:
Provided that any appointment, subsidiary legislation, instrument, notice,
form or thing made, granted, issued, prescribed, given or done under such
power shall not, unless the appointment, subsidiary legislation,
instrument, notice, form or thing is necessary for bringing the Ordinance
into operation, come into operation or have any effect until the Ordinance
comes into operation.
33. Acts done under subsidiary legislation deemed done under Or- dinance
An act shall be deemed to be done under an Ordinance or by virtue of the
powers conferred by an Ordinance or in pursuance or execution of the
provisions of or under the authority of an Ordinance, if it is done under
or by virtue of or in pursuance or execution of or under the authority of
subsidiary legislation made under any power contained in that Ordinance.
34. Placing of subsidiary legislation before Legislative Council
(1) All subsidiary legislation shall be laid on the table of the
Legislative Council at the next sitting thereof after the publication in
the Gazette of that subsidiary legislation.
(2) Where subsidiary legislation has been laid on the table of the
Legislative Council under subsection (1), the Legislative Council may, by
resolution passed at a sitting of the Legislative Council held not later
than 28 days after the sitting at which it was so laid. provide that such
subsidiary legislation shall be amended in any manner whatsoever
consistent with the power to make such subsidiary legislation, and if any
such resolution is so passed the subsidiary legislation shall, without
prejudice to anything done thereunder, be deemed to be amended as from the
date of publication in the Gazette of such resolution.
(3) If the period referred to in subsection (2) would but for this
subsection expire-
(a) after the end of a session of the Legislative Council or a dissolution
thereof; but
(b) on or before the day of the second sitting of the Legislative Council
in the next following session thereof, that period shall be deemed to
extend to and expire on the day after that second sitting.
(4) Before the expiry of the period referred to in subsection (2) or that
period as extended by virtue of subsection (3), the Legislative Council
may by resolution in relation to any subsidiary legislation specified
therein extend that period or that period as so extended by a further
period not exceeding 21 days.
(5) Any resolution passed by the Legislative Council in accordance With
this section shall be published in the Gazette not later than 14 days
after the passing thereof or within such further period as the Governor
may allow in any particular case.
(6) In this section "subsidiary legislation" does not include a resolution
of the Legislative Council.
(Replaced 39 of 1986 s. 2)
35. Approval of Legislative Council to subsidiary legislation
Where any Ordinance provides that subsidiary legislation shall be subject
to the approval of the Legislative Council or of any other authority, or
contains words to the like effect, then-
(a) the subsidiary legislation shall be submitted for the approval of the
Legislative Council or other authority; and
(b) the Legislative Council may by resolution or the other authority may
by order amend the whole or any part of the subsidiary legislation.
36. Effect of repeal on subsidiary legislation
(1) Where any Ordinance-
(a) repeals any former Ordinance and substitutes other provisions
therefor; or
(b) repeals any former Ordinance and re-enacts such former Ordinance with
or without modification, any subsidiary legislation made under the former
Ordinance and in force at the commencement of the repealing Ordinance
shall, so far as it is not inconsistent with the repealing Ordinance,
continue in force and have the like effect for all purposes as if made
under the repealing Ordinance.
(2) Where any subsidiary legislation is continued in force by virtue of
subsection (1), such subsidiary legislation may be from time to time
amended as if it had been made under the repealing Ordinance.
37. Forms
(1) Where any form is prescribed by or under any Ordinance, deviations
therefrom, not affecting the substance of such form, shall not invalidate
it.
(2) Where a form is prescribed in any Ordinance in both official languages
and the text in one official language is combined in a particular manner
with, or is set out separately from, the text in the other official
language, the form may be printed and used-
(a) with the texts combined in any manner; or
(b) in either official language. (Added 18 of 1987 s. 5)
PART VI POWERS
38. Presumption of lawful exercise of power
Where any Ordinance confers power upon any person to-
(a) make any subsidiary legislation;
(b) make any instrument; or
(c) exercise any power,
and the Ordinance conferring the power prescribes conditions, subject to
the observance, performance or existence of which any such power may be
exercised, such conditions shall be presumed to have been duly fulfilled
if in the subsidiary legislation or instrument exercising the power there
is a statement that the subsidiary legislation or instrument is made, or
the power exercised, in exercise of, or in pursuance of, the power
conferred by such Ordinance, or a statement to the like effect.
39. Exercise of powers
(1) Where any Ordinance confers any power or imposes any duty, then the
power may be exercised and the duty shall be performed from time to time
as occasion requires.
(2) Where any Ordinance confers any power or imposes any duty on the
holder of any public office as such, then the power may be exercised and
the duty shall be performed by the holder for the time being of that
public office.
40. Construction of enabling words
(1) Where any Ordinance confers upon any person power to do or enforce the
doing of any act or thing, all such powers shall be deemed to be also
conferred as are reasonably necessary to enable the person to do or
enforce the doing of the act or thing.
(2) Without prejudice to the generality of subsection (1), where any
Ordinance confers power-
(a) to provide for, prohibit, control or regulate any matter, such power
shall include power to provide for the same by the licensing thereof and
power to prohibit acts whereby the prohibition, control or regulation of
such matter might be evaded;
(b) to grant a licence, Crown lease, permit, authority, approval or
exemption, such power shall include power to impose reasonable conditions
subject to which such licence, Crown lease, permit, authority, approval or
exemption may be granted;
(c) to approve any person or thing, such power shall include power to
withdraw approval thereof;
(d) to give directions, such power shall include power to couch the same
in the form of prohibitions.
(3) Without prejudice to the generality of subsection (1), whenever in any
Ordinance the expression "as the Governor may appoint" or "as the Governor
may direct" or "as the Governor may specify" or "as the Governor may
prescribe" or "as may be designated by the Governor", or any similar
expression referring to the Governor, appears and no power is expressly
conferred upon the Governor to make the appointment, give the direction or
specification, prescribe or make the designation, as the case may be, such
power shall nevertheless be deemed to be conferred.
(4) Subsection (3) shall have effect in relation to the Governor in
Council, a public officer, a public body or other person as it has effect
in relation to the Governor.
41. Power to issue licences, etc. discretionary
(1) Where any Ordinance confers power upon any person to issue, grant,
give or renew any licence, Crown lease, authority, approval or permit, the
person so empowered shall have a discretion either to issue, grant, give
or renew or to refuse to issue, grant, give or renew such licence, Crown
lease, authority, approval or permit.
(2) Nothing in this section shall affect any right which may be conferred
by any Ordinance upon any person to appeal against a refusal to issue,
grant, give or renew any licence, Crown lease, authority, approval or
permit.
42. Power to appoint includes power to suspend, dismiss, reap- point, etc.
Where any Ordinance confers a power or imposes a duty upon any person to
make any appointment or to constitute or establish any board, tribunal,
commission, committee or similar body, then the person having such power
or duty shall also have the power-
(a) to remove, suspend, dismiss or revoke the appointment of, and to
re-appoint or reinstate, any person appointed in exercise of such power or
duty;
(b) to revoke the appointment, constitution or establishment of, or to
dissolve, any board, tribunal, commission, committee or similar body
appointed, constituted or established, in exercise of such power or duty,
and to re-appoint, re-constitute or reestablish the same; and
(c) to specify the period for which any person appointed in exercise of
such power or duty shall hold such appointment:
Provided that where the power or duty of such person so to act is only
exercisable upon the recommendation, or is subject to the approval or
consent, of some other person, then such power shall only be exercisable
upon such recommendation or subject to such approval or consent.
43. Delegation by specified public officers
(1) Where any Ordinance confers powers or imposes duties upon a specified
public officer, such public officer may delegate any other public officer
or the person for the time being holding any office designated by him to
exercise such powers or perform such duties on his behalf, and thereupon,
or from the date specified by such specified public officer, the person
delegated shall have and may exercise such powers and perform such duties.
(2) Nothing in subsection (1) shall authorize a specified public officer
to delegate any person to make subsidiary legislation or to hear any
appeal.
(3) Where any Ordinance confers any power or imposes any duty upon a
specified public officer and such power is exercised or such duty is
performed by any other public officer, the specified public officer shall,
unless the contrary is proved, be deemed to have delegated the latter
public officer under subsection (1) to exercise the power or perform the
duty.
(4) In this section "specified public officer" means the person for the
time being holding any public office which has been specified, either
generally or for the purposes of any particular Ordinance, under this
section by the Governor by notice in the Gazette.
44. Effect of delegation of powers and duties
(1) Where any Ordinance confers power upon any person to delegate the
exercise on his behalf of any of the powers or the performance of any of
the duties conferred or imposed upon him under any Ordinance-
(a) such delegation shall not preclude the person so delegating from
exercising or performing at any time any of the powers or duties so
delegated;
(b) such delegation may be conditional, qualified or limited in such
manner as the person so delegating may think fit;
(c) where the delegation may be made only with the approval of some
person, such delegation may be conditional, qualified or limited in such
manner as the person whose approval is required may think fit;
(d) the delegation may be to a named person or to the person for the time
being holding any office designated by the person so delegating; and
(e) any delegation may be amended by the person so delegating. (Added 14
of 1971 s. 2)
(2) The delegation of any power shall be deemed to include the delegation
of any duty incidental thereto or connected therewith and the delegation
of any duty shall be deemed to include the delegation of any power
incidental thereto or connected therewith.
45. Exercise of powers in special cases
Where any Ordinance confers any power or imposes any duty upon the holder
of any public office and either-
(a) that office has been abolished; or
(b) no person has been appointed to discharge the functions of that
office, those powers and duties may be exercised or performed-
(i) in the case of making subsidiary legislation, by the Governor; and
(ii) in any other case, by the holder of such other public office as the
Governor may by order direct.
46. Power to make public instruments and perform acts
Where any Ordinance confers power upon any person to make, issue or
approve any proclamation, order, notice, declaration, instrument,
notification, licence, permit, register or list, such power shall include
power-
(a) to amend or suspend such proclamation, order, notice, declaration,
instrument, notification, licence, permit, register or list;
(b) to substitute another proclamation, order, notice, declaration,
instrument, notification, licence, permit, register or list for-one
already made, issued or approved;
(c) to withdraw approval of any proclamation, order, notice, declaration,
instrument, notification, licence, permit, register or list so approved;
and
(d) to declare the date of the coming into operation, and the period of
operation, of any such proclamation, order, notice, declaration,
instrument, notification, licence, permit, register or list.
47. Power to relate back appointment
Any appointment made under the provisions of any Ordinance may be declared
to have effect as from the date upon which the person appointed in fact
began to exercise the powers and perform the duties of his appointment,
not being a date earlier than the commencement of the Ordinance under
which the appointment is made.
PART VII BOARDS AND COMMITTEES
47A. Power of Governor to appoint advisory bodies
(1) The Governor may from time to time by order published in the Gazette
establish by law such advisory and other committees and bodies as he
considers appropriate in the public interest and may appoint the members
thereof.
(2) An order under subsection (1) may contain such provisions relating to
the committee or body established by the order as the Governor thinks fit,
including the terms of reference of the body, the terms of office of
members appointed to that body, the removal or resignation of members, the
re-appointment of members, quorums for meetings and similar procedural
matters.
(Added 39 of 1982 s. 3)
48. Power to appoint chairman
Where any Ordinance confers power upon any person to appoint any persons
to be members of any board, tribunal, commission, committee or similar
body, the person so appointing may appoint a chairman, a deputy chairman,
a vice-chairman and a secretary of such board, tribunal, commission,
committee or similar body.
49. Power to appoint public officer to board, etc.
Where any Ordinance confers power upon any person to appoint any persons
to be members of any board, tribunal, commission, committee or similar
body, the person so empowered may appoint any public officer, by his
official designation, to be a member of such board, tribunal, commission,
committee or similar body, and, on such appointment and until such
appointment shall be revoked or otherwise determined, the person for the
time being holding the public office in question shall be a member of such
board, tribunal, commission, committee or similar body.
50. Appointment of alternates
Where any board, tribunal, commission, committee or similar body is
established by or under any Ordinance, any person who is empowered by such
Ordinance to appoint any or all of the members thereof may-
(a) appoint 1 or more duly qualified persons to be alternate members of
the same, and any one such alternate member may attend any meeting of the
same when a substantive member is temporarily unable to attend for any
reason; and
(b) appoint a duly qualified person to be a temporary member of the same
in the place of any substantive member who is precluded by illness,
absence from the Colony or any other cause from exercising his functions
as such, and when attending any meeting of such board, tribunal,
commission, committee or similar body, such alternate or temporary member
shall be deemed for all purposes to be a member of the same.
51. Powers of board, etc. not affected by vacancy
Where any board, tribunal, commission, committee or similar body is
established by or under any Ordinance, the powers of such board, tribunal,
commission, committee or similar body shall not be affected by-
(a) any vacancy in the membership thereof;
(b) any defect in the appointment or qualification of a person purporting
to be a member thereof; or
(c) any minor irregularity in the convening of any meeting thereof.
52. Power of majority and exercise of powers
(1) Where any Ordinance confers a power or imposes a duty upon a body or
number of persons consisting of or being not less than 3, such power may
be exercised or duty performed in the name of that body or number of
persons by a majority of those persons.
(2) Whenever such body or number of persons is assembled, the chairman or
other member presiding shall have a casting as well as a deliberative
vote, in all matters in which a decisions is taken by vote by whatever
name such vote may be called.
(3) The exercise of any power vested in such body or number of persons may
be signified either by the chairman or other person presiding at the
meeting or other deliberation at which such power was exercised or at
which, as the case may be, authority to exercise it was conferred, or by
any person from time to time authorized by such body or persons to signify
the exercise of such power.
53. Seal
Where any Ordinance constitutes any board, tribunal, commission, committee
or similar body to be a body corporate having perpetual succession and a
common seal, and any document requires to be sealed with such common seal,
then such common seal shall be affixed by the chairman of such board,
tribunal, commission, committee or similar body, or by any member thereof
appointed by the chairman for that purpose, and shall be authenticated by
the signature of the chairman or such member.
PART VIII PUBLIC OFFICERS AND PUBLIC CONTRACTS
54. References to public officer
In any Ordinance, instrument, warrant or process of any kind, any
reference to a public officer, or to a person holding a public office by a
term designating his office, shall include a reference to any person for
the time being lawfully discharging the functions of that office, or any
part of such functions, and any person appointed to act in or perform the
duties of such office, or any part of such duties, for the time being.
(Amended L. N. 54 of 1989)
54A. Power to transfer functions of public officers
(1) The Legislative Council may by resolution provide for the transfer to
any public officer of any functions exercisable by virtue of any Ordinance
by another public officer.
(2) A resolution under this section may contain such incidental,
consequential and supplemental provisions as may be necessary or expedient
for the purpose of giving full effect to the resolution.
(3) A certificate issued by the Chief Secretary that any property vested
in a public officer immediately before a resolution under this section
takes effect has been transferred by virtue of the resolution to another
public officer shall be conclusive evidence of the transfer.
(4) In this section-
"functions" includes powers and duties;
"public officer" includes any corporation created for the purpose of
incorporating a person for the time being holding a public office.
(Added 67 of 1975 s. 3)
[cf. 1946 c. 31 s. 1U. K.]
55. Change of title of office
The Chief Secretary may, by notice (which may be given retrospective
effect) in the Gazette, declare a change in title of any public officer or
public body, or of any person referred to in any Ordinance, and the notice
may contain Provisions substituting the new title in any Ordinance
relating to the public officer, public body or person and in any
instrument, contract or legal proceedings made or commenced before the
date on which the notice takes effect.
(Replaced 67 of 1975 s. 4)
[cf. 1946 c. 31 s. 2 U. K.]
56. Appointment of officers by name of office
Where any Ordinance confers power upon any person to appoint or name a
person to have and exercise any powers or perform any duties, the person
so empowered may either appoint a person by name or direct the person for
the time being holding any office designated by him to have and exercise
such powers or perform such duties; and thereupon, or from the date
specified by the person so empowered, the person appointed by name or the
person holding the office aforesaid shall have and may exercise such
powers or perform such duties accordingly until such appointment be
revoked or otherwise determined.
57. Filling vacancy
(1) When any Ordinance confers a power or imposes a duty upon a public
officer and such public officer is unable to exercise the powers or
perform the duties of his office, owing to absence or inability to act
from illness or any other cause, the Governor may, by notice in the
Gazette, direct that such power shall be had and may be exercised and such
duty shall be performed by a public officer named by, or by a public
officer holding the office designated by, the Governor, subject to such
conditions, exceptions and qualifications as the Governor may direct.
(2) Any direction by the Governor under subsection (1) may be given-
(a) in anticipation of any absence or inability occurring; or
(b) subsequently thereto and may relate back to the commencement of such
absence or inability.
(3) Where any Ordinance confers powers or imposes duties upon a public
officer and a new post is subsequently created in the same or another
Government department, the Governor may, by notice in the Gazette, direct
that the said powers and duties or any of them shall be exercised by any
holder of the new post so created, either to the exclusion of or in
addition to the first named public officer or otherwise.
58. Power to appoint while holder on retirement leave
(1) Where the holder of any public office is on leave of absence pending
the relinquishment by him of such office, another person may be appointed
to the same public office.
(2) Where 2 or more persons are holding the same public office by reason
of an appointment made in accordance with subsection (1), then, for the
purposes of any Ordinance and in respect of any power conferred or duty
imposed upon the holder of such office, the person last appointed to the
office shall be deemed to be the holder thereof.
59. Contracts by public officer
In any contract or other document, signed, executed or made by the
Governor or by any public officer on behalf of the Governor or the
Government or of any Government department, it shall not be necessary to
name the Governor or such public officer, but it shall be sufficient to
name the office held by the Governor or such public officer, and the
Governor or public officer shall be deemed to be a party thereto as if the
Governor or such public officer were a corporation sole with perpetual
succession for this purpose.
60. Effect of past contracts by public officer
Any contract or other document signed, executed or made before the
commencement of this Ordinance by the Governor or by any public officer on
behalf of the Governor or the Government or of any Government department
shall be enforceable as if the office of Governor or such public officer
had, at the time of such execution or making, been a corporation sole with
perpetual succession for this purpose.
61. Omission of title after signature of public officer immaterial
The omission to add the title of the public office held by the Governor or
any public officer signing or executing any contract or other document
after the signature of such officer shall not exclude such contract or
other document from the operation of sections 59 and 60.
PART IX CROWN, GOVERNOR AND GOVERNOR IN COUNCIL
62. Signification of orders of Governorand Governor in Council
(1) Where any Ordinance confers a power or imposes a duty upon the
Governor or the Governor in Council to make any subsidiary legislation or
appointment, give any directions, issue any order, authorize any thing or
matter to be done, grant any exemption, remit any fee or penalty, or
exercise any other power or perform any other duty, the exercise of such
power or the performance of such duty may be signified-
(a) in the case of the Governor, under the hand of any public officer
specified in Schedule 6; (Amended 36 of 1972 s. 3)
(b) in the case of the Governor in Council, under the hand of the Clerk of
Councils.
(2) Notwithstanding the provisions of subsection (1), proclamations shall
be made or issued only under the hand of the Governor himself.
(3) The Governor may, by order published in the Gazette, amend Schedule 6.
(Added 36 of 1972 s. 3)
63. Delegation by Governor
(1) Where any Ordinance confers powers or imposes duties upon the
Governor, he may delegate any person by name or the person holding any
office designated by him to exercise such powers or perform such duties on
his behalf and thereupon, or from the date specified by the Governor, the
person so delegated shall have and may exercise such powers and perform
such duties.
(2) Without prejudice to the provisions of any Letters Patent or Royal
Instructions relating to the appointment of a deputy to the Governor,
nothing in subsection (1) shall authorize the Governor to delegate any
person to make subsidiary legislation, issue proclamations or to determine
any appeal.
(3) Where any Ordinance confers powers or imposes duties upon the Governor
and such power is exercised or such duty is performed by any public
officer, the Governor shall, unless the contrary is proved, be deemed to
have delegated such public officer under subsection (1) to exercise the
power or perform the duty.
64. Appeals and objections to Governor in Council
(1) Where any Ordinance confers upon any person a right of appeal or
objection to the Governor in Council, such appeal or objection shall be
governed by rules made in accordance with subsection (2). (Replaced 54 of
1969 s. 5)
(2) The Governor in Council may make rules governing the procedure to be
followed in appeals or objections to the Governor in Council. (Replaced 54
of 1969 s. 5)
(3) The conferring by any Ordinance of a right of appeal or objection to
the Governor in Council shall not prevent any person from applying to the
Supreme Court for an order of mandamus, certiorari, prohibition,
injunction or any other order, instead of appealing or making an objection
to the Governor in Council, where an application for such an order would
lie, but no proceedings by way of mandamus, certiorari, prohibition,
injunction or other order shall be taken against the Governor in Council
in respect of any such appeal or objection to the Governor in Council or
any proceedings connected therewith. (Amended 54 of 1969 s. 5)
(4) The Governor in Council, when considering any appeal or objection to
him (whether by way of petition or otherwise, and whether such appeal or
objection is made by virtue of any Ordinance or otherwise) shall act in an
administrative or executive capacity and not in a judicial or quasi-
judicial capacity and shall be entitled to consider and take into account
any evidence, material, information or advice in his absolute discretion.
(Amended 54 of 1969 s. 5)
(5) The Governor in Council, when considering any appeal or objection to
him (whether by way of petition or otherwise and whether such appeal or
objection is made by virtue of any Ordinance or otherwise) against any
decision of any person, public officer or public body, may confirm, vary
or reverse such decision or substitute therefor such other decision or
make such other order as the Governor in Council may think fit. (Amended
54 of 1969 s. 5)
65. References to the Sovereign
Any reference to the Sovereign or to the Crown shall be construed as a
reference to the Sovereign for the time being.
66. Saving of rights of Crown
No Ordinance shall in any manner whatsoever affect the right of or be
binding on the Crown unless it is therein expressly provided or unless it
appears by necessary implication that the Crown is bound thereby.
PART X TIME AND DISTANCE
67. Hong Kong Time
(1) Whenever any expression of time occurs in any Ordinance the time
referred to is Hong Kong Time.
(2) For the purposes of subsection (1), "Hong Kong Time" means the time
used for general purposes throughout Hong Kong namely, 8 hours, or such
other period as may be determined by the Legislative Council by resolution
under this subsection or under section 16 of the Oil (Conservation and
Control) Ordinance (Cap. 264), in advance of Greenwich Mean Time. (Amended
27 of 1979 s. 17)
(3) A resolution of the Legislative Council under subsection (2) may
determine Hong Kong Time for the whole or part of a year.
(4) Nothing in this section shall affect the use of Greenwich Mean Time
for the purposes of astronomy, meteorology, navigation or aviation, or
affect the construction of any document mentioning or referring to a point
of time in connection with any of these purposes.
(Replaced 17 of 1977 s. 3)
68. (Repealed 17 of 1977 s. 3)
69. References to "a.m." and "p.m."
The expression "a.m." indicates the period between midnight and the
following noon, and the expression "p.m." indicates the time between noon
and the following midnight. Where 2 such expressions occur conjunctively
in relation to any specified hour or in conjunction with the word "sunset"
or "sunrise", they shall be construed as relating to a consecutive period
of time.
70. Provision where no time prescribed
Where no time is prescribed or allowed within which any thing shall be
done, such thing shall be done without unreasonable delay, and as often as
due occasion arises.
71. Computation of time
(1) In computing time for the purposes of any Ordinance-
(a) a period of days from the happening of any event or the doing of any
act or thing shall be deemed to be exclusive of the day on which the event
happens or the act or thing is done;
(b) if the last day of the period is a public holiday or a gale warning
day the period shall include the next following day, not being a public
holiday or a gale warning day;
(c) where any act or proceeding is directed or allowed to be done or taken
on a certain day, then if that day is a public holiday or a gale warning
day, the act or proceeding shall be considered as done or taken in due
time if it is done or taken on the next following day, not being a public
holiday or a gale warning day;
(d) where an act or proceeding is directed or allowed to be done or taken
within any time not exceeding 6 days, no public holiday or a gale warning
day shall be reckoned in the computation of that time. (Amended 43 of 1983
s. 2)
(2) In this section "gale warning day" means any day throughout or for
part of which a gale warning is in force, and "gale warning" has the
meaning assigned to it by section 2 of the Judicial Proceedings
(Adjournment During Gale Warnings) Ordinance (Cap. 62). (Added 43 of 1983
s. 2)
72. Power to extend time
Where in any Ordinance a time is prescribed for doing any act or taking
any proceeding and power is given to a court, public body, public officer
or other authority to extend such time, then the power may be exercised by
the court, public body, public officer or other authority although the
application for the same is not made until after the expiration of the
time prescribed.
73. Distance
In the measurement of any distance for the purposes of any Ordinance, that
distance shall be measured in a straight line on a horizontal plane.
74. Warrants, etc. valid on public holiday
Any summons, notice, warrant or other process may be issued, served or
executed and any arrest, search or seizure may be carried out or made on
any day, whether a public holiday or not, and at any hour of the day or
night.
PART XI IMPERIAL ENACTMENTS
75. Modifications
An imperial enactment shall be judicially noticed as such and shall be
read with such modifications as to names, localities, courts, officers,
persons, moneys, penalties or otherwise as may be necessary to make the
same applicable to the circumstances of the Colony.
76. Citation of imperial enactments
An imperial enactment may be cited by a short title or citation, if any,
or by reference to the regnal or calendar year in which it was passed or
by the number assigned to any statutory instrument or statutory rule and
order.
77. Construction of reference to imperial enactment
A reference in any law to an imperial enactment or to any provision, part
or division thereof shall be construed as a reference to the same as the
same may be from time to time amended and as a reference to any imperial
enactment or to any provision, part or division of an imperial enactment,
substituted therefor.
(Amended 54 of 1969 s. 6)
78. References to subsidiary legislation under imperial Acts
A reference in any law to any imperial Act shall include a reference to
any Order in Council, rule, regulation, proclamation, order, notice, rule
of court, by-law or other instrument made under or by virtue thereof and
having legislative effect.
79. Construction of imperial enactments
Any imperial enactment shall be construed in accordance with the terms
thereof and of any interpretation statute applicable thereto and, to the
extent to which no provision is made in the imperial enactment or in such
statute for the interpretation thereof, in accordance with the provisions
of this Ordinance as if such imperial enactment were itself an Ordinance;
and any reference in this Ordinance to an Ordinance shall, in the
interpretation of an imperial enactment, include a reference to imperial
enactments.
80. Copies of imperial enactments
A copy of an imperial enactment shall, if it-
(a) is published in the Gazette or purports to be printed by the
Government Printer; or
(b) is contained in any printed collection purporting to be published or
printed by authority, be deemed, until the contrary is proved, to be an
authentic copy of the imperial enactment as at the date of such
publication or printing. (Replaced 2 of 1975 s. 4)
PART XII FEES, PENALTIES, OFFENCES AND PROCEEDINGS
81. Attempts to commit offences
(1) A provision in any Ordinance which creates or results in the creation
of an offence shall be deemed to include a provision that an attempt to
commit such an offence shall itself constitute an offence which may be
dealt with and punished in like manner as if the offence had been
committed.
(2) Where a person is charged with an offence, he may be convicted of
having attempted to commit that offence although he was not charged with
the attempt.
(3) Nothing in this section shall affect any law relating to attempts to
commit offences at common law.
82. Reference to an offence to include attempts, etc.
(1) Where-
(a) any Ordinance confers a power or imposes a duty which is to be
exercised or performed consequent upon a conviction of an offence or in
relation to a person who is detained in custody for an offence; or
(b) a reference is otherwise made in any Ordinance to an offence, then
that power or duty or that reference shall be deemed to be also
exercisable or performable consequent upon a conviction of, or include a
reference to, as the case may be-
(i) an attempt to commit that offence;
(ii) aiding, abetting, counselling or procuring that offence;
(iii) a conspiracy to commit that offence; and
(iv) an incitement to commit that offence.
(Added 64 of 1983 s. 2)
(2) Subsection (1) shall apply to powers of imposing pecuniary penalties
and of forfeiture, seizure and search, and to powers and discretions to
cancel, suspend or refuse to issue any licence, permit or other
authorization, but nothing in this section shall be deemed to authorize
the imposition of any sentence of imprisonment otherwise than in default
of payment of any pecuniary penalty which may be imposed by virtue of this
section. (Amended 24 of 1993 s. 13)
83. Acts constituting 2 or more offences
Where any act constitutes 2 or more offences, whether under the same
Ordinance or otherwise, the offender shall be liable to be prosecuted and
punished for any or all such offences but shall not be liable to be
punished twice for the same offence.
84. Liability of directors, etc.
Where a person by whom an offence under any Ordinance has been committed
is a company and it is proved that the offence was committed with the
consent or connivance of a director or other officer concerned in the
management of the company, or any person purporting to act as such
director or officer, the director or other officer shall be guilty of the
like offence.
(Amended 67 of 1975 s. 5)
85. Imposition of penalty not to bar civil action
The imposition of a penalty or fine by or under any Ordinance shall not
relieve any person from liability to answer in damages to a person
injured.
86. Penalties prescribed to be deemed maximum penalties
Where in any Ordinance a penalty is prescribed for an offence under that
Ordinance, such provision shall imply-
(a) that such offence shall be punishable upon conviction by a penalty not
exceeding the penalty prescribed; and
(b) if the amount of the fine is unspecified, that such offence shall,
without prejudice to any law against excessive or unreasonable fines or
assessments, be punishable by a fine of any amount.
87. Statement of penalty at end of section
Where in any Ordinance a penalty is set out at the foot of any section or
part thereof the same shall mean that any contravention of that section or
part shall be an offence under such Ordinance punishable upon conviction
by a penalty not exceeding the penalty so set out.
88. Certain penalties may be cumulative
Where in any Ordinance more than one penalty is prescribed for an offence,
the use of the word "and" shall mean that the penalties may be inflicted
alternatively or cumulatively.
88A. Power to increase fines
(1) The Legislative Council may, by resolution, amend any Ordinance so as
to increase the amount of any fine specified in that Ordinance.
(2) A resolution under this section may contain such incidental,
consequential and supplemental provisions as may be necessary or expedient
for the purpose of giving full effect to the resolution.
(Added 23 of 1981 s. 3)
89. Trial of offences
(1) Where any provision in any Ordinance creates, or results in the
creation of, an offence, the offence shall be triable summarily only,
unless-
(a) the offence is declared to be treason;
(b) the words "upon indictment" or "on indictment" appear; or (Amended L.
N. 54 of 1989)
(c) (Repealed 50 of 1991 s. 4 (1))
(d) the offence is transferred to the District Court in accordance with
Part IV of the Magistrates Ordinance (Cap. 227). (Added 16 of 1970
Schedule)
(2) Where any provision in any Ordinance creates, or results in the
creation of, an offence and-
(a) the offence is declared to be treason; or
(b) subject to subsection (4), the words "upon indictment" or "on
indictment" appear. the offence shall be triable only upon indictment.
(3) (Repealed 50 of 1991 s. 4 (1))
(4) Where any provision in any Ordinance creates, or results in the
creation of, an offence and the offence is declared to be triable either
summarily or upon indictment or to be punishable on summary conviction or
on indictment, the offence shall be triable either on indictment or
summarily.
(5) Nothing in this section shall affect-
(a) the powers conferred upon a magistrate by the Magistrates Ordinance
(Cap. 227) or by any other law to try an indictable offence summarily; or
(b) the powers conferred upon the District Court by any law to try
indictable offences. (Amended 50 of 1991 s. 4 (1))
90. Punishment of indictable offences, including conspiracies and incitements
(1) Subject to subsections (2), (3) and (4), where a person is convicted
of an offence which is an indictable offence and for which no penalty is
otherwise provided by any Ordinance, he shall be liable to imprisonment
for 7 years and a fine. (Amended 12 of 1986 s. 2; 50 of 1991 s. 4 (1))
(2) Where a person is convicted of-
(a) (Repealed 12 of 1986 s. 2)
(b) conspiring; or
(c) incitement,
to commit an offence for which a maximum penalty is provided by any
Ordinance, and no penalty is otherwise provided by any Ordinance for such
conspiracy or incitement, he shall be liable to be sentenced to that
maximum penalty. (Amended 12 of 1986 s. 2)
(3) (Repealed 24 of 1993 s. 14)
(4) Where a person is convicted of the offence at common law of conspiracy
to defraud, he shall be liable to imprisonment for 14 years. (Added 12 of
1986 s. 2) (Replaced 64 of 1983 s. 3)
91. Evidence of signature or fiat, etc.
Where the fiat, authorization, sanction, consent or authority of the
Governor or any other public officer is necessary before any prosecution
or action is commenced, or for any purpose whatsoever in connection with
any proceeding, any document purporting to bear the fiat, authorization,
sanction, consent or authority of the Governor, or such public officer, as
the case may be, shall, until the contrary is proved, be received as
evidence in any proceeding without proof being given that the signature to
such fiat, authorization, sanction, consent or authority is that of the
Governor or such public officer.
91A. Prosecution of offences
Where any Ordinance provides that no prosecution for an offence shall be
commenced without the consent of some person other than the Attorney
General, such a provision shall not derogate from the powers of the
Attorney General in respect of the prosecution of that offence.
(Added 54 of 1969 s. 7)
92. Amendment of penalty
Where an act or omission constitutes an offence and the penalty for such
offence is varied between the time of the commission of such offence and
the conviction therefor, the offender shall be liable to the penalty
prescribed at the time of the commission of the offence.
93. Disposal of fines and penalties
Any fine or penalty imposed by or under the authority of any Ordinance
shall be paid into the general revenue of the Colony:
Provided that the Governor may direct the payment to any aggrieved person,
or to any person whose information or evidence has led to the conviction
of the offender or to the recovery of the fine or penalty, of such
proportion of the fine or penalty as he may think fit.
94. Disposal of forfeits
(1) Where under any Ordinance any movable property is adjudged by any
court or other authority to be forfeited, it shall be forfeited to the
Crown, and the net proceeds thereof, if it is ordered by a competent
authority to be sold, shall be paid into the general revenue of the
Colony.
(2) Nothing in this section shall affect any provision in any Ordinance
whereby any portion of any forfeit or of the proceeds of any forfeit is
expressed to be recoverable by any person or may be granted by any
authority to any person.
95. Award of compensation
(1) The Legislative Council may by resolution award compensation, by way
of either a single payment or periodical payments, from the general
revenue of the Colony to any person injured in the execution of a moral or
legal duty to assist in the prevention of or resistance to crime or any
offence, or to the dependants of a person so injured who dies as a result
of such injury. (Amended L. N. 54 of 1989)
(2) Any award made under this section may be made subject to such
conditions as may be specified in such resolution and may at any time be
varied or revoked by the Legislative Council by resolution.
(3) No award made under this section shall be assignable or transferable
or liable to be attached, sequestered or levied upon for or in respect of
any debt or claim whatsoever other than a debt due to the Government.
96. Reduction, etc. of fees and charges
Any fee or charge made payable by or under any Ordinance to the Crown or
the Government or to any public body other than the Urban Council or the
Regional Council or public officer, not being a fee or charge which is
regulated by rules of court-(Amended 19 of 1973 s. 54; 39 of 1985 s. 60)
(a) may be reduced or varied by order of the Governor:
Provided that no variation thereof shall cause such fee or charge to
exceed the original figure;
(b) may be remitted or refunded, in whole or in part, in any particular
case and on any special ground by the Governor;
(c) subject as aforesaid shall be paid into or from the general revenue of
the Colony.
97. Collection of fees
(1) Where, for the purposes of any Ordinance, any foreign or Commonwealth
law or any treaty, the signature of the Governor or of any public officer
is affixed to any certificate, authorization, consent, licence, permit or
exemption, or any alteration, transfer or renewal thereof, addition
thereto or endorsement thereon, or any copy of the same, and no fee for
such signature is prescribed by law, there shall be payable for such
signature such fee as the Financial Secretary may prescribe by notice in
the Gazette. (Amended 42 of 1983 s. 2)
(2) Where any Ordinance requires or authorizes the issue of any document
by a public officer, such public officer may, subject to any directions of
the Governor, issue a duplicate of such document, upon payment of such fee
as may be prescribed by law or as the Financial Secretary may prescribe by
notice in the Gazette if no fee is prescribed by law.
(3) Where any Ordinance requires or authorizes any alteration, transfer,
or endorsement of or addition to any certificate, authorization, consent,
licence, permit or exemption by a public officer, such fee shall be
payable therefor as may be prescribed by law or as the Financial Secretary
may prescribe by notice in the Gazette if no fee is prescribed by law.
(4) Where an extract of any document, book, record or instrument may be
properly certified by a public officer as a true extract of such document,
book, record or instrument, such fee shall be payable for the certifying
of the extract by such officer as may be prescribed by law or as the
Financial Secretary may prescribe by notice in the Gazette if no fee is
prescribed by law.
(5) No fee shall be payable under this section for anything done by a
public officer on behalf of the Urban Council or the Regional Council.
(Added 65 of 1979 s. 10. Amended 39 of 1985 s. 60)
(Amended 69 of 1973 s. 4)
PART XIII MISCELLANEOUS
98. Copies of Ordinances, etc. in Gazette
(1) A copy of an Ordinance shall, if published in the Gazette, be deemed
to be an authentic copy of that Ordinance as at the date of such
publication. (Amended 51 of 1990 s. 4)
(2) A copy of any other instrument shall, if published in the Gazette or
purporting to be printed by the Government Printer, on its production be
admitted as prima facies evidence thereof in all courts and for all
purposes whatsoever without any further proof.
(Replaced 2 of 1975 s. 5)
98A. Rectification of errors
(1) The Attorney General may, by order published in the Gazette, rectify
any clerical or printing error appearing in any Ordinance printed or
published pursuant to this Ordinance. (Amended 51 of 1990 s. 5)
(2) Every order made under this section shall be laid on the table of the
Legislative Council without unreasonable delay, and, if a resolution is
passed at the first sitting of the Legislative Council held not less than
27 days after the sitting at which the order is so laid that the order be
annulled, it shall thenceforth be void, but without prejudice to the
validity of anything previously done thereunder, or to the making of a new
order. (Amended 2 of 1981 s. 3)
(Added 14 of 1971 s. 3)
99. Reprint of Ordinances
The Government Printer may, with the authority of the Governor, print
copies of any Ordinance with all additions, omissions, substitutions and
amendments effected by any amending Ordinances, and such copies shall be
deemed to be authentic copies of the Ordinance so amended as at the date
of such printing.
100. Performance of acts for which payment required
(1) Where any person, public officer, Government department or public body
is required to do anything for which a fee is to be paid or a charge made
under any Ordinance, such person, public officer, Government department or
public body may decline to do that thing until the fee or charge is paid
or, where the precise amount of the payment to be made cannot be
ascertained until the thing is done, until there be paid such amount as
may be estimated to be the correct amount by the person, public officer or
the responsible officer of the Government department or public body
required to do the thing.
(2) Where a thing has been done for which an estimated amount shall have
been paid, such amount shall be adjusted to the correct amount either by
means of a further payment or by a refund of the amount overpaid.
101. Amendment of Schedules
The Governor may from time to time, by notice in the Gazette, amend all or
any of the Schedules.
SCHEDULE 1 BOUNDARIES OF THE CITY OF VICTORIA [S. 3]
On the north-The Harbour;
On the west-A line running due north and south drawn through the north-
west angle of Inland Lot No. 1299 and extending southwards a distance of
850 feet from the aforesaid angle;
On the south-A line running due east from the southern extremity of the
western boundary until it meets a contour in the vicinity of the Hill
above Belchers 700 feet above principal datum, that is to say, a level
17.833 feet below the bench-mark known as "Rifleman's Bolt", the highest
point of a copper bolt set horizontally in the east wall of the Royal Navy
Office and Mess Block Naval Dockyard, and thence following the said
contour until it meets the eastern boundary;
On the east-A line following the west side of the Government Pier, Bay
View and thence along the west side of Hing Fat Street, then along the
north side of Causeway Road to Moreton Terrace. Thence along the west side
of Moreton Terrace to the south-east corner of Inland Lot No. 1580 and
produced in a straight line for 80 feet, and thence along the north side
of Cotton Path and produced until it meets the west side of Wong Nei Chong
Road on the east side of Wong Nei Chong Valley and thence to the south-
east angle of Inland Lot No. 1364, produced until it meets the southern
boundary.
SCHEDULE 2 BOUNDARIES OF THE COLONY [S. 3]
On the south-The parallel of latitude 22 09' north between the points
where it is intersected by the meridian of longitude 114 30' east of
Greenwich and the line of the western boundary;
On the north-A line drawn from the point where the meridian of longitude
113 52' east of Greenwich intersects the parallel of latitude touching the
extreme south-west point of the shore of Deep Bay to the said south-west
point of the shore of Deep Bay, thence along the high water mark upon the
shore of Deep Bay to the estuary of the Sham Chun River, thence by a line
drawn as described in the agreement delineating the northern frontier of
the New Territories signed by James Haldane Steward LOCKHART and WONG
Tsun-shin at Hong Kong on 19 March 1899, and following the high water mark
in Mirs Bay to the point where the meridian of longitude 114 30' east of
Greenwich intersects the mainland high water mark;
On the east-The meridian of longitude 114 30' east of Greenwich between
the points where it intersects the mainland high water mark and the
parallel of latitude 22 09' north;
On the west-The meridian of longitude 113 52' east of Greenwich between
the point where it intersects the parallel of latitude touching the
extreme south-west point of the shore of Deep Bay and the north coast of
Lantau Island. The boundary then follows the western coast line of Lantau
Island including the waters appertaining thereto to the extreme south-west
point thereof and thence runs in a south-easterly direction to the extreme
south-west point of Tai A Chau Island in the Soko Island Group and
continues in the same straight line to the point at which it intersects
the parallel of latitude 22 09' north.
SCHEDULE 3 BOUNDARIES OF THE HARBOUR [S. 3]
On the east-A straight line drawn from the westernmost extremity of Siu
Chau Wan Point to the westernmost extremity of Ah Kung Ngam Point
(sometimes known as Kung Am); On the west-A straight line drawn from the
westernmost point of Island of Hong Kong to the westernmost point of Green
Island, thence a straight line drawn from the westernmost point of Green
Island to the south-easternmost point of Tsing Yi, thence along the
eastern and northern coast lines of Tsing Yi to the westernmost extremity
of Tsing Yi and thence a straight line drawn true north therefrom to the
mainland. (Amended 54 of 1969 s. 8)
SCHEDULE 4 AREA OF KOWLOON [S. 3]
"Kowloon" means that portion of the peninsula of Kaulung which was ceded
to Great Britain by the Emperor of China on 24 October 1860.
SCHEDULE 5 AREA OF NEW KOWLOON [S. 3]
"New Kowloon" means that portion of the New Territories which is
delineated in red and shown upon a plan marked "New Kowloon" dated 8
December 1937, signed by the Director of Public Works, countersigned by
the Governor and deposited in the Land Registry. (Amended 8 of 1993 s. 2)
SCHEDULE 6 PUBLIC OFFICERS [S. 62]
Chief Secretary
Financial Secretary
Attorney General
Secretary for the Civil Service
Secretary for Constitutional Affairs
Secretary for Economic Services
Secretary for Education and Manpower
Secretary for Health and Welfare
Secretary for Home Affairs
Secretary for Financial Services
Secretary for Planning, Environment and Lands
Secretary for Recreation and Culture
Secretary for Security
Secretary for Trade and Industry
Secretary for Transport
Secretary for the Treasury
Director of Administration
Secretary for Works
Regional Secretary (Hong Kong and Kowloon)
Regional Secretary (New Territories)
Deputy Secretary
Deputy Director of Administration
Principal Assistant Secretary
Assistant Director of Administration
(Added 36 of 1972 s. 4. Replaced L. N. 195 of 1973; L. N. 145 of 1974.
Amended L. N. 238 of 1976; L. N. 63 of 1978; L. N. 21 of 1979; L. N. 282
of 1981; L. N. 379 of 1981; L. N. 24 of 1982; L. N. 73 of 1982; L. N. 50
of 1984; L. N. 151 of 1984; L. N. 76 of 1985; L. N. 320 of 1985; L. N. 55
of 1989; L. N. 94 of 1989; L. N. 262 of 1989; L. N. 291 of 1989; L. N. 99
of 1990; L. N. 167 of 1990; L. N. 273 of 1990; L. N. 323 of 1992; L. N.
354 of 1992; L. N. 96 of 1993)
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