Chapter: | 1 | INTERPRETATION AND GENERAL CLAUSES ORDINANCE | Gazette Number | Version Date |
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Long title | 30/06/1997 |
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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
(Originally 31 of 1966)
Section: | 1 | Short title | 30/06/1997 |
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PART I SHORT TITLE AND APPLICATION This Ordinance may be cited as the Interpretation and General Clauses Ordinance.
Section: | 2 | Application | 26 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 26 of 1998 s. 2
(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.
(1A) The inclusion of the substance of a provision of this Ordinance in another Ordinance does not imply the exclusion of the application of any other provision of this Ordinance to the other Ordinance. (Added 89 of 1993 s. 2)
(2) This Ordinance shall be binding on the State. (Replaced 26 of 1998 s. 2)
Note:
Please also see s. 1(3) of 26 of 1998, which is subject to article 12 of the Hong Kong Bill of Rights set out in
Part II of Cap 383. That s. 1(3) reads as follows- "(3) Save where the contrary intention appears either from the amended Ordinance or from the context of any other Ordinance or instrument, the provisions of the amended Ordinance shall apply to the amended Ordinance and to any other Ordinance in force, whether such other Ordinance came or comes into operation before, on or after 1 July 1997, and to any instrument made or issued under or by virtue of any such Ordinance.".
(Please note that "amended Ordinance" referred to in the above s. 1(3) means Cap 1 as amended by 26 of
1998.)
Section: | 2A | Laws previously in force | 110 of 1997; 26 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 26 of 1998 s. 3
Cap 1 - INTERPRETATION AND GENERAL CLAUSES ORDINANCE
(4) In this section-
"laws previously in force" (原有法律) means the common law, rules of equity, Ordinances, subsidiary legislation and customary law in force immediately before 1 July 1997 and adopted as laws of the Hong Kong Special Administrative Region.
(Added 110 of 1997 s. 5. Amended 26 of 1998 s. 3)
PART II
INTERPRETATION OF WORDS AND EXPRESSIONS
"act" (作為), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上訴委員會) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飛機、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修訂) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) 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)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政長官) means
Article 53 of the Basic Law; (Added 26 of 1998 s. 4)
"Chief Executive in Council" (行政長官會同行政會議) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (終審法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政務司司長) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中國) means the People's Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中國公民) mean a person who has Chinese nationality under the Nationality Law of the People's Republic of China in Schedule 4 to the Promulgation of National Laws 1997
(L.N. 379 of 1997); (Added 26 of 1998 s. 4) "Clerk to the Executive Council" (行政會議秘書) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法會秘書) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), 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" (交付審判), when used in relation to a person, means
(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4) "common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (領事) and "consular officer" (領事館官員) 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" (違反) 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" (大律師) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上訴法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (終審法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原訟法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, 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; (Added 26 of 1998 s. 4) "department" (部門), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4) "District Council" (區議會) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89) "District Court" (區域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4) "District Judge" (區域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4) "document" (文件) 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;
"enactment" (成文法則) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政會議) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (輸出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (財政司司長) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (財政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外國) mean a country or state other than the People's Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外幣) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (憲報) means
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4) "general holiday" and "public holiday" (公眾假期、公眾假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5) "general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4) "Government" (特區政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of
1998 s. 4) "Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-
(c) a Crown lease; (Added 26 of 1998 s. 4) "Government Printer" (政府印務局) means
within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4) "harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998
26 of 1998 s. 4) "Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特別行政區永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特別行政區) means the Hong Kong Special Administrative Region of the People's Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不動產) means
(c) things attached to land or permanently fastened to anything attached to land; "import" (輸入、進口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4) "infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32
of 1990 s. 6)
"instrument" (文書) includes any publication in the Gazette having legal effect;
"Joint Declaration" (聯合聲明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (終審法院法官) means the Chief Justice, a permanent judge and a nonpermanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平紳士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龍) means the area specified in Schedule 4;
"Lands Tribunal" (土地審裁處) means the Lands Tribunal established under section 3 of the Lands Tribunal
Ordinance (Cap 17); (Added 62 of 1974 s. 16) "law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4) "Legislative Council" (立法會) means
(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4) "magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10) "master" (船長), 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" (醫生), "registered medical practitioner" (註冊醫生) 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);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People's Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (動產) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港實施的全國性法律) means a national law applied in Hong Kong
pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4) "New Kowloon" (新九龍) means the area specified in Schedule 5; "New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4) "oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of
swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (佔用) 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" (罪、罪行、罪項、犯法行為) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People's Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特別行政區設立的機構) means
"official languages" (法定語文) 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)
"order paper" (議事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4) "Ordinance" (條例) means
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4) "People's Republic of China" (中華人民共和國) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (釐、百分之), 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" (人、人士、個人、人物、人選) 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;
"pier" (碼頭) 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" (警務人員) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (權、權力) includes any privilege, authority and discretion;
"prescribed" (訂明) and "provided" (訂定), 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" (獄、監獄) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons; "property" (財產) 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; "Provisional Legislative Council" (臨時立法會) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公眾、公眾人士) includes any class of the public; "publication" (刊物) means-
definition; "public body" (公共機構) includes-
(f) any undertaking by or of the Government; "public office" (公職) means any office or employment the holding or discharging of which by a person would constitute that person a public officer; "public officer" (公職人員) means any person holding an office of emolument under the Government, whether such
office be permanent or temporary; (Added 26 of 1998 s. 4) "public place" (公眾地方、公眾埸所) 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" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4) "public servant" (公務員、公務人員) has the same meaning as public officer; (Added 26 of 1998 s. 4) "registered" (登記、註冊), 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 High Court" (高等法院司法常務官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (規例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (廢除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院規則), 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 for Justice" (律政司司長) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (賣、售賣、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳灣口岸港方口岸區) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (簽名、簽署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律師) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of
1998 s. 4) "State" ("國家") includes only
"statutory declaration" (法定聲明), if made
"street" (街、街道) means-
"subsidiary legislation" and "subordinate legislation" (附屬法例、附屬法規、附屬立法) 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; (Added 26 of 1998 s. 4)
"summary conviction" (簡易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (條約) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循簡易程序審訊) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船隻) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in
the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4) "weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15) "words" (字、文字、語言文字) includes figures and symbols; "writing" (書寫) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other
mode of representing words in a visible form; "year" (年) means a year according to the Gregorian calendar; "years of age" (歲、年歲、年齡) and words of like meaning, when used in reference to the age of any person,
means years of age calculated from the date of birth. (Added 26 of 1998 s. 4) (Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
Note:
* See also s. 6 of 32 of 1990.
Section: | 3A | References to former or retired judge | 32 of 2000 | 01/07/1997 |
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A reference to a person who is a former or retired judge of a court, or of a specified court, in Hong Kong, includes respectively a reference to a person who is a former or retired judge of a court which was constituted under the laws of Hong Kong before 1 July 1997, or of the court in Hong Kong which before 1 July 1997 exercised jurisdiction similar to that of the specified court.
(Added 32 of 2000 s. 15)
Section: | 4 | (Repealed 26 of 1998 s. 5) | 26 of 1998 | 01/07/1997 |
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Remarks:
Amendments retroactively made - see 26 of 1998 s. 5
Section: | 5 | Grammatical variations and cognate expressions | 30/06/1997 |
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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.
Section: | 6 | References to Government property | 26 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 26 of 1998 s. 6
(1) Where reference is made in any Ordinance to property and the expressions used in relation thereto imply that the property is owned by, belongs to, or reverts to, the Government, or convey a similar meaning, the reference shall be construed in accordance with Article 7 of the Basic Law.
(2) In this section, "property" (財產) means any of the land and natural resources within the Hong Kong
Special Administrative Region. (Replaced 26 of 1998 s. 6)
Section: | 7 | Provisions for gender and number | 30/06/1997 |
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Section: | 8 | Service by post | 30/06/1997 |
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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, pre-paying 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.
Cap 1 - INTERPRETATION AND GENERAL CLAUSES ORDINANCE
(Amended 36 of 1972 s. 2)
Section: | 9 | Chinese and English words and expressions | 26 of 1998 | 01/07/1997 |
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Remarks:
Amendments retroactively made - see 26 of 1998 s. 7
Chinese words and expressions in the English text of an Ordinance shall be construed according to Chinese language and custom and English words and expressions in the Chinese text of an Ordinance shall be construed according to English language and custom.
(Replaced 18 of 1987 s. 3. Amended 26 of 1998 s. 7)
Section: | 10 | (Repealed 26 of 1998 s. 8) | 26 of 1998 | 01/07/1997 |
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Remarks:
Amendments retroactively made - see 26 of 1998 s. 8
Section: | 10A | Application of Part IIA | 30/06/1997 |
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PART IIA
GENERAL PROVISIONS AS TO LAWS IN BOTH OFFICIAL LANGUAGES
This Part shall apply to an Ordinance
Section: | 10B | Construction of Ordinances in both official languages | 30/06/1997 |
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Section: | 10C | Expressions of common law | 26 of 1998 | 01/07/1997 |
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(2) (Repealed 26 of 1998 s. 9)
Section: | 10D | Name of statutory body corporate | 30/06/1997 |
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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.
(Amended L.N. 336 of 1990)
Section: | 10E | Words etc. in the official languages may be declared as equivalents | 26 of 1998 | 01/07/1997 |
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Remarks:
Amendments retroactively made - see 26 of 1998 s. 37
(Amended 26 of 1998 s. 37) (Part IIA added 18 of 1987 s. 4)
Section: | 11 | Ordinance to be public Ordinance | 30/06/1997 |
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PART III GENERAL PROVISIONS AS TO ORDINANCES Every Ordinance shall be a public Ordinance and shall be judicially noticed as such.
Section: | 12 | (Repealed) | 30/06/1997 |
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(Repealed 89 of 1993 s. 5)
Section: | 13 | Citation of Ordinance | 30/06/1997 |
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(1) Where any Ordinance is referred to, it shall be sufficient for all purposes to cite such Ordinance by-
(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)
Section: | 14 | (Repealed) | 30/06/1997 |
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(Repealed 89 of 1993 s. 6)
Section: | 15 | Reference to Ordinance as amended | 30/06/1997 |
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Section: | 16 | Citation of part of Ordinance | 30/06/1997 |
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Section: | 17 | Construction of reference to Ordinance, section, etc. | 30/06/1997 |
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(4)-(5) (Repealed 89 of 1993 s. 7)
Section: | 18 | Marginal notes and section headings | 26 of 1998 | 01/07/1997 |
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Remarks:
Amendments retroactively made - see 26 of 1998 s. 10
(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)
Section: | 19 | General principles of interpretation | 30/06/1997 |
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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.
Section: | 20 | Commencement, etc., of Ordinance | 26 of 1998 | 01/07/1997 |
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Remarks:
Amendments retroactively made - see 26 of 1998 s. 11
PART IV
COMMENCEMENT, DISALLOWANCE, AMENDMENT AND REPEAL
(i) from which different provisions are to be repealed (including repealed for different purposes);
(ii) from which the same provisions are to be repealed for different purposes, and different notices may fix different days-
Section: | 21 | Invalidation | 26 of 1998 | 01/07/1997 |
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Remarks:
Amendments retroactively made - see 26 of 1998 s. 12
(3) An Ordinance repealed or amended by an Ordinance which is invalidated as referred to in subsection (1)
shall revive and continue in force in its original form. (Amended L.N. 46 of 1991) (Replaced 26 of 1998 s. 12)
Section: | 22 | (Repealed 89 of 1993 s. 9) | 30/06/1997 |
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(Repealed 89 of 1993 s. 9)
Section: | 23 | Effect of repeal generally | 30/06/1997 |
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Where an Ordinance repeals in whole or in part any other Ordinance, the repeal shall not
Section: | 24 | Repealed Ordinance not revived | 30/06/1997 |
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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.
Section: | 25 | Repeal and substitution | 30/06/1997 |
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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.
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Section: | 26 | (Repealed 89 of 1993 s. 10) | 30/06/1997 |
---|
Section: | 27 | Effect of expiry, etc. of Ordinance | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 13
Where an Ordinance-
the provisions of section 23 shall apply as if the Ordinance had been repealed. (Replaced 26 of 1998 s. 13)
Section: | 28 | General provision with regard to power to make subsidiary legislation | 30/06/1997 |
---|
PART V
SUBSIDIARY LEGISLATION
(Amended 89 of 1993 s. 11)
Section: | 28A | Construction of power to make subsidiary legislation | L.N. 138 of 2007 | 01/07/2007 |
---|
Where an Ordinance that applies in Hong Kong and in the Shenzhen Bay Port Hong Kong Port Area confers power on a person to make subsidiary legislation, the power shall be construed as including—
Kong Port Area respectively. (Added 4 of 2007 s. 17)
Section: | 29 | Fees and charges | 30/06/1997 |
---|
(1A) Where an Ordinance confers a power on a person to make subsidiary legislation, the subsidiary legislation may impose a fee or charge for anything in it or the Ordinance. (Added 89 of 1993 s. 12)
Section: | 29A | Variation of certain fees and charges | 26 of 1998 | 01/07/1997 |
---|
(4) Where
Council, then such 1 or more of the following provisions as are appropriate in the particular circumstances shall operate
(iii) the enactment requiring or otherwise relevant to so laying the primary instrument shall also apply to
subsidiary legislation which is so made or issued and amends that instrument. (Added 39 of 1993 s. 2. Amended 26 of 1998 s. 37)
Section: | 30 | (Repealed 89 of 1993 s. 13) | 30/06/1997 |
---|
Section: | 31 | Construction of subsidiary legislation | 30/06/1997 |
---|
Section: | 32 | Exercise of statutory powers between enactment and commencement of Ordinance | 30/06/1997 |
---|
(2) An exercise of a power under subsection (1) is not effective until the provision in the Ordinance to which it
relates comes into operation unless the exercise of the power is necessary to bring the Ordinance into operation. (Replaced 89 of 1993 s. 15)
Section: | 33 | (Repealed 89 of 1993 s. 16) | 30/06/1997 |
---|
Section: | 34 | Placing of subsidiary legislation before Legislative Council | 8 of 2002 | 03/05/2002 |
---|
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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
of 1993 s. 17) that period shall be deemed to extend to and expire on the day after that second sitting.
17) (Replaced 39 of 1986 s. 2)
Section: | 35 | Approval of Legislative Council to subsidiary legislation | 30/06/1997 |
---|
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-
Section: | 36 | Effect of repeal on subsidiary legislation | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 14
(1) Where any Ordinance-
modification, (Amended 26 of 1998 s. 14) 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.
Section: | 37 | Forms | 30/06/1997 |
---|
(2) Where a form is prescribed in any Ordinance in both official languages and the text in one official language
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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
Section: | 37A | Amendment of subsidiary legislation by Ordinance | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 15
The amendment of subsidiary legislation by an Ordinance does not prevent, and has never prevented, a person on whom power is conferred by an Ordinance (as defined in section 3) to make that subsidiary legislation (and whether or not the person made the subsidiary legislation) from amending that subsidiary legislation.
(Added 26 of 1998 s. 15)
Section: | 38 | Presumption of lawful exercise of power | 30/06/1997 |
---|
PART VI
POWERS
Where any Ordinance confers power upon any person to
Section: | 39 | Exercise of powers | 30/06/1997 |
---|
Section: | 40 | Construction of enabling words | 26 of 1998; 29 of 1998 | 01/07/1997 |
---|
Section: | 41 | Power to issue licences, etc. discretionary | 26 of 1998; 29 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 17; 29 of 1998 s. 105
(Amended 89 of 1993 s. 20; 26 of 1998 s. 17; 29 of 1998 s. 105)
Section: | 42 | Power to appoint includes power to suspend, dismiss, reappoint, etc. | 30/06/1997 |
---|
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-
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.
Section: | 43 | Delegation by specified public officers | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 26 of 1998 s. 37
(4) In this section "specified public officer" (指明的公職人員) 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 Chief Executive in Council by notice in the Gazette. (Amended 26 of 1998 s. 37)
Section: | 44 | Effect of delegation of powers and duties | 30/06/1997 |
---|
Section: | 45 | Exercise of powers in special cases | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 37
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-
Section: | 46 | Power to make public instruments and perform acts | 30/06/1997 |
---|
Where any Ordinance confers power upon any person to make, grant, issue or approve any proclamation, order, notice, declaration, instrument, notification, licence, permit, exemption, register or list, such power shall include power-
order, notice, declaration, instrument, notification, licence, permit, exemption, register or list. (Amended 89 of 1993 s. 21)
Section: | 47 | Power to relate back appointment | 30/06/1997 |
---|
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.
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Section: | 47A | Power of Chief Executive to appoint advisory bodies | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 37
PART VII
BOARDS AND COMMITTEES
(Added 39 of 1982 s. 3. Amended 26 of 1998 s. 37)
Section: | 48 | Power to appoint chairman | 30/06/1997 |
---|
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.
Section: | 49 | Power to appoint public officer to board, etc. | 30/06/1997 |
---|
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.
Section: | 50 | Appointment of alternates | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 18
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
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.
Section: | 51 | Powers of board, etc. not affected by vacancy | 30/06/1997 |
---|
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
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Section: | 52 | Power of majority and exercise of powers | 30/06/1997 |
---|
Section: | 53 | Seal | 30/06/1997 |
---|
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.
Section: | 54 | References to public officer | 30/06/1997 |
---|
PART VIII
PUBLIC OFFICERS AND PUBLIC CONTRACTS
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; L.N. 46 of 1991)
Section: | 54A | Power to transfer functions of public officers | L.N. 362 of 1997 | 01/07/1997 |
---|
being holding a public office. (Added 67 of 1975 s. 3) [cf. 1946 c. 31 s. 1 U.K.]
Section: | 55 | Change of title of office | L.N. 362 of 1997 | 01/07/1997 |
---|
The Chief Secretary for Administration 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. Amended L.N. 362 of 1997 ss. 2 & 3)
[cf. 1946 c. 31 s. 2 U.K.]
Section: | 56 | Appointment of officers by name or office | 30/06/1997 |
---|
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.
Section: | 57 | Filling vacancy | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 37
Section: | 58 | Power to appoint while holder on retirement leave | 30/06/1997 |
---|
Section: | 59 | Contracts by public officer | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 37
In any contract or other document, signed, executed or made by the Chief Executive or by any public officer on
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behalf of the Chief Executive or the Government or of any Government department, it shall not be necessary to name the Chief Executive or such public officer, but it shall be sufficient to name the office held by the Chief Executive or such public officer, and the Chief Executive or public officer shall be deemed to be a party thereto as if the Chief Executive or such public officer were a corporation sole with perpetual succession for this purpose.
(Amended 26 of 1998 s. 37)
Section: | 60 | (Repealed 26 of 1998 s. 19) | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 19
Section: | 61 | Omission of title after signature of public officer immaterial | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 ss. 20 & 37
The omission to add the title of the public office held by the Chief Executive 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 section 59.
(Amended 26 of 1998 ss. 20 & 37)
Section: | 62 | Signification of orders of Chief Executive and Chief Executive in Council | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 ss. 21 & 37
PART IX
GOVERNMENT, CHIEF EXECUTIVE AND CHIEF EXECUTIVE IN COUNCIL (Replaced 26 of 1998 s. 21)
(3) The Chief Executive in Council may, by order published in the Gazette, amend Schedule 6. (Added 36 of
1972 s. 3) (Amended 26 of 1998 s. 37)
Section: | 63 | Delegation by Chief Executive | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 ss. 22 & 37
(1) Where any Ordinance confers powers or imposes duties upon the Chief Executive, 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 Chief Executive, the person so delegated shall have and
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may exercise such powers and perform such duties.
(Amended 26 of 1998 s. 37)
Section: | 64 | Appeals and objections to Chief Executive in Council | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 ss. 23 & 37
(Amended 26 of 1998 s. 37)
Section: | 65 | (Repealed 26 of 1998 s. 24) | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 24
Section: | 66 | Saving of rights of State | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 24
(Replaced 26 of 1998 s. 24)
Section: | 67 | Hong Kong Time | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 26 of 1998 s. 25
PART X
TIME AND DISTANCE
(1) Whenever any expression of time occurs in any Ordinance the time referred to is Hong Kong Time.
(Replaced 17 of 1977 s. 3. Amended 26 of 1998 s. 25)
Section: | 68 | (Repealed 17 of 1977 s. 3) | 30/06/1997 |
---|
(Repealed 17 of 1977 s. 3)
Section: | 69 | References to "a.m." and "p.m." | 30/06/1997 |
---|
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.
Section: | 70 | Provision where no time prescribed | 30/06/1997 |
---|
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.
Section: | 71 | Computation of time | L.N. 362 of 1997 | 01/07/1997 |
---|
(1) In computing time for the purposes of any Ordinance-
(2) In this section-"black rainstorm warning day" (黑色暴雨警告日) means any day throughout or for part of which a black rainstorm warning is in force, and "black rainstorm warning" (黑色暴雨警告) means a warning issued by the Director of the Hong Kong Observatory of a heavy rainstorm in, or in the vicinity of, Hong Kong by the use of the heavy rainstorm signal commonly referred to as Black; (Amended L.N. 362 of 1997 ss. 2 & 3)
"gale warning day" (烈風警告日) means any day throughout or for part of which a gale warning is in force, and "gale warning" (烈風警告 ) has the meaning assigned to it by section 2 of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap 62). (Replaced 68 of 1995 s. 16)
Section: | 72 | Power to extend time | 30/06/1997 |
---|
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.
Section: | 73 | Distance | 30/06/1997 |
---|
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.
Section: | 74 | Warrants, etc. valid on public holiday | 30/06/1997 |
---|
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.
Section: | 75 | Modifications | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 ss. 26 & 27
PART XI
NATIONAL LAWS APPLYING IN HONG KONG (Replaced 26 of 1998 s. 26)
A national law applying in Hong Kong 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 Hong Kong.
(Amended 26 of 1998 s. 27)
Section: | 76 | Citation of national laws applying in Hong Kong | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 28
A national law applying in Hong Kong may be cited by its full name and-
Section: | 77 | (Repealed 26 of 1998 s. 29) | 26 of 1998 | 01/07/1997 |
---|
Remarks:
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Amendments retroactively made - see 26 of 1998 s. 29
Section: | 78 | Reference to subsidiary legislation under national laws applying in Hong Kong | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 30
A reference in any law to any national law applying in Hong Kong shall include a reference to any resolution, rule, regulation, proclamation, order, notice, rule of court, by-law or other instrument made under or by virtue thereof and having legislative effect in Hong Kong.
(Amended 26 of 1998 s. 30)
Section: | 79 | (Repealed 89 of 1993 s. 23) | 30/06/1997 |
---|
(Repealed 89 of 1993 s. 23)
Section: | 80 | Copies of national laws applying in Hong Kong | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 31
A copy of a national law applying in Hong Kong 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 national law as at the date of such publication or printing.
(Replaced 2 of 1975 s. 4. Amended 26 of 1998 s. 31)
Section: | 80A | Application of section 23 to national laws applying in Hong Kong | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 32
Where a law causes a national law applying in Hong Kong to cease in whole or in part to be such a national law, then the provisions of section 23 shall apply to and in relation to the national law as it applies to and in relation to an Ordinance repealed in whole or in part save where the contrary intention appears from the first-mentioned law or the national law.
(Added 26 of 1998 s. 32)
Section: | 81 | Interpretation | 30/06/1997 |
---|
PART XII | |
---|---|
SEARCH AND SEIZURE OF JOURNALISTIC MATERIAL | |
In this Part, unless the context otherwise requires- "premises" (處所) includes any place and in particular, includes- (a) any vehicle, vessel, aircraft or hovercraft; (b) any tent or movable structure. | (Added 88 of 1995 s. 2) (Added 88 of 1995 s. 2) |
Section: | 82 | Meaning of "journalistic material" | 30/06/1997 |
---|
(3) A person who receives material from someone who intends that the recipient shall use it for the purposes of
journalism is to be taken to have acquired it for those purposes. (Added 88 of 1995 s. 2)
Section: | 83 | Power to enter and search or seize | 30/06/1997 |
---|
A provision in any Ordinance which confers on, or authorizes the issue of a warrant conferring on, any person the power to enter any premises and to search the premises or any person found on the premises or to seize any material (whether of a general or particular kind and whether or not the word "material" is used in that provision) shall not, in the absence of an express provision to the contrary, be construed as conferring, or authorizing the issue of a warrant conferring, a power to enter premises where such entry is for the purpose of searching for or seizing material which is known or suspected to be journalistic material.
(Added 88 of 1995 s. 2)
Section: | 84 | Application for production order in respect of journalistic material | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 33
(3) The conditions to be fulfilled for the purposes of subsection (2) are that-
granted, having regard to
an offence and is liable to a fine at level 6 and to imprisonment for 1 year. (Added 88 of 1995 s. 2)
Remarks:
Amendments retroactively made - see 26 of 1998 s. 34
(8) Any person empowered by a warrant issued under this section may
possession or under his control and who if not so detained may prejudice the purpose of the search. (Added 88 of 1995 s. 2)
(1) A warrant issued under section 85, other than a warrant to which subsection (7) of that section applies,
shall-
(2) A person executing or seeking to execute such a warrant shall-
(6) Any person who knowingly contravenes subsection (5) commits an offence and is liable to a fine at level 6
and to imprisonment for 1 year. (Added 88 of 1995 s. 2)
Section: | 89 | Miscellaneous | 30/06/1997 |
---|
Section: | 90 | Amendment of Schedule 7 | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 37
The Chief Executive in Council may, by order published in the Gazette, amend the persons specified in Schedule 7 to be directorate disciplined officers. (Added 88 of 1995 s. 2. Amended 26 of 1998 s. 37)
Section: | 91 | (Repealed 89 of 1993 s. 27) | 30/06/1997 |
---|
Section: | 91A | (Repealed 89 of 1993 s. 27) | 30/06/1997 |
---|
Section: | 92 | (Repealed 89 of 1993 s. 26) | 30/06/1997 |
---|
Section: | 93 | (Repealed 89 of 1993 s. 27) | 30/06/1997 |
---|
Section: | 94 | (Repealed 89 of 1993 s. 27) | 30/06/1997 |
---|
Section: | 95 | (Repealed 89 of 1993 s. 27) | 30/06/1997 |
---|
Section: | 96 | (Repealed 89 of 1993 s. 27) | 30/06/1997 |
---|
Section: | 97 | (Repealed 89 of 1993 s. 27) | 30/06/1997 |
---|
Section: | 98 | Copies of Ordinances, etc. in Gazette | 30/06/1997 |
---|
PART XIII
MISCELLANEOUS
Section: | 98A | Rectification of errors | L.N. 362 of 1997 | 01/07/1997 |
---|
Section: | 98B | Power to substitute dates | 10 of 2008 | 09/05/2008 |
---|
(2) An amendment under subsection (1) is not to be construed as changing the legal effect of the affected
provision. (Added 10 of 2008 s. 42)
Section: | 98C | Power to substitute title of subsidiary legislation | 10 of 2008 | 09/05/2008 |
---|
(1) The Secretary for Justice may, by order published in the Gazette, amend any subsidiary legislation to effect the replacement of a general reference to another subsidiary legislation by—
(2) An amendment under subsection (1) is not to be construed as changing the legal effect of the affected
provision. (Added 10 of 2008 s. 42)
Section: | 99 | Reprint of Ordinances | 26 of 1998 | 01/07/1997 |
---|
Remarks:
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Amendments retroactively made - see 26 of 1998 s. 37
The Government Printer may, with the authority of the Chief Executive, 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.
(Amended 26 of 1998 s. 37)
Section: | 100 | (Repealed 89 of 1993 s. 27) | 30/06/1997 |
---|
Section: | 100A | Power to increase fines | 30/06/1997 |
---|
(1) The Legislative Council may, by resolution, amend an Ordinance so as to increase
(1A) The increase under subsection (1) may be expressed as an amount of money or as a level in Schedule 8 to the Criminal Procedure Ordinance (Cap 221). (Added 58 of 1994 s. 5)
(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)
Note:
This provision previously appeared in s. 88A. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 100A.
Section: | 101 | Amendment of Schedules | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 ss. 35 & 37
The Chief Executive in Council may from time to time, by notice in the Gazette, amend all or any of the Schedules (except Schedules 1 and 9). (Amended 26 of 1998 ss. 35 & 37)
Section: | 102 | Amendment of Schedules 1 and 9 | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 36
The Secretary for Justice may, by notice in the Gazette, amend Schedule 1 or repeal any of the provisions of Schedule 9. (Added 26 of 1998 s. 36)
Schedule: | 1 | BOUNDARIES OF THE CITY OF VICTORIA | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 38
[section 102 & Schedule 9]
BOUNDARIES OF THE CITY OF VICTORIA (Amended 26 of 1998 s. 38)
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 | THE LAND AND SEA COMPRISING THE HONG KONG SPECIAL ADMINISTRATIVE REGION | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 39
[section 3]
The land and sea comprised within the boundary of the administrative division of the Hong Kong Special Administrative Region of the People's Republic of China promulgated by the Order of the State Council of the People's Republic of China No. 221 dated 1 July 1997 and published as S.S. No. 5 to Gazette No. 6/1997 of the Gazette*.
(Replaced 26 of 1998 s. 39)
Note:
* Reproduced in Instrument A207 in this database.
Schedule: | 3 | BOUNDARIES OF THE HARBOUR | 30/06/1997 |
---|
[section 3]
On the east-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 | 26 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 26 of 1998 s. 40
[section 3]
"Kowloon" (九龍) means that portion of the peninsula of Kaulung which became part of Hong Kong on 24 October 1860. (Amended 26 of 1998 s. 40)
Schedule: | 5 | AREA OF NEW KOWLOON | 30/06/1997 |
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[section 3]
"New Kowloon" (新九龍) means that portion of the New Territories which is delineated in red and shown upon a plan marked "New Kowloon" dated the 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: | 5A | AREA OF NEW TERRITORIES | 26 of 1998 | 01/07/1997 |
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Remarks:
Amendments retroactively made - see 26 of 1998 s. 41
[section 3]
All of Hong Kong except the land and sea comprised within the boundary of Hong Kong immediately before 9 June 1898. (Schedule 5A Added 26 of 1998 s. 41)
Schedule: | 6 | PUBLIC OFFICERS | L.N. 49 of 2008 | 01/04/2008 |
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[section 62]
Chief Secretary for Administration
Financial Secretary
Secretary for Justice
Secretary for the Civil Service
Secretary for Commerce and Economic Development
Secretary for Constitutional and Mainland Affairs
Secretary for Development
Secretary for Education
Secretary for the Environment
Secretary for Financial Services and the Treasury
Secretary for Food and Health
Secretary for Home Affairs
Secretary for Labour and Welfare
Secretary for Security
Secretary for Transport and Housing
Under Secretary
Permanent Secretary
Director of Administration
Director of Home Affairs
Deputy Secretary
Deputy Director of Administration
Principal Assistant Secretary
Assistant Director of Administration (Schedule 6 replaced L.N. 134 of 2007. Amended L.N. 49 of 2008)
Schedule: | 7 | DIRECTORATE DISCIPLINED OFFICERS | 30/06/1997 |
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[sections 85(2) & 90]
The following are directorate disciplined officers for the purposes of section 85(2) of this Ordinance-
Schedule: | 8 | CONSTRUCTION ON AND AFTER 1 JULY 1997 OF WORDS AND EXPRESSIONS IN LAWS PREVIOUSLY IN FORCE | 110 of 1997; 26 of 1998 | 01/07/1997 |
---|
Remarks:
Amendments retroactively made - see 26 of 1998 s. 42
[section 2A(3)]
1. Any reference in any provision to Her Majesty, the Crown, the British Government or the Secretary of State (or to similar names, terms or expressions) where the content of the provision-
Region, shall be construed as a reference to the Central People's Government or other competent authorities of the People's Republic of China.
10. Any reference to "地方法院" shall be construed as a reference to "區域法院".
21A. Any reference to "立法局" shall be construed as a reference to "立法會". (Added 26 of 1998 s. 42)
21B. Any reference to "行政局" shall be construed as a reference to "行政會議". (Added 26 of 1998 s. 42)
21C. Any reference to "地方法院法官" or "地院法官" shall be construed as a reference to "區域法院法官". (Added 26 of 1998 s. 42)
21D. Any reference to "大法官" or "大法官或法官" shall be construed as a reference to "法官". (Added 26 of 1998 s. 42)
21E. Any reference to "政府" shall be construed as a reference to "特區政府". (Added 26 of 1998 s. 42)
21F. Any reference to "首席法官" or "首席大法官" shall be construed as a reference to "終審法院首席法官".
(Added 26 of 1998 s. 42)
22. This Schedule applies unless the context otherwise requires. (Added 110 of 1997 s. 6)
Remarks:
Adaptation amendments retroactively made - see 26 of 1998 s. 43
[section 102]
"British citizen" (英國公民) means a person who has the status of a British citizen under the British Nationality Act 1981 (1981 c. 61 U.K.)#;
"British Dependent Territories citizen" (英國屬土公民) means a person who has or had the status of a British Dependent Territories citizen under the British Nationality Act 1981 (1981 c. 61 U.K.)#;
"British enactment" and "imperial enactment" (英國成文法則) mean
"British Overseas citizen" (英國海外公民) means a person who has the status of a British Overseas citizen under the British Nationality Act 1981 (1981 c. 61 U.K.)#; "British protected person" (受英國保護人士) means a person who has the status of a British protected person under the British Nationality Act 1981 (1981 c. 61 U.K.)#; "British subject" (英籍人士) means a person who has the status of a British subject under the British Nationality Act 1981 (1981 c. 61 U.K.)#; "Commonwealth" (英聯邦) means collectively
(e) the British Dependent Territories mentioned in Schedule 6 to the British Nationality Act 1981 (1981 c. 61 U.K.)#; "Commonwealth citizen" (英聯邦公民) means a person who has the status of a Commonwealth citizen under the British Nationality Act 1981 (1981 c. 61 U.K.)#; "Crown Agents" (英聯邦代辦) means the persons or body for the time being acting as Crown Agents for Oversea Governments and Administrations; "Order in Council" (樞密院頒令) means an order made by Her Majesty in Her Privy Council (being the Lords and others for the time being of Her Majesty's Most Honourable Privy Councin( � "Parliament" (國會) means the Parliament of England, the Parliament of Great Britain and the Parliament of the United Kingdom;
"territorial waters" (領海) has the same meaning as waters of Hong Kong; "United Kingdom" (聯合王國) means
Islands and the Isle of Man; "Victoria" (維多利亞) means the area within the boundaries specified in Schedule 1 to this Ordinance.
A copy of a British 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 British enactment as at the date of such publication or printing.
7. Construction of certain references to Crown
(1) Where it is expressly provided in an Ordinance that the Ordinance
(a) affects or does not affect the right of; or
(b) is or is not binding on, the Crown, then that reference to the Crown shall be construed as a reference to the State.
(2) Subsection (1) does not prejudice the operation of section 2A(2)(c) of this Ordinance, whether before, on or
after the commencement of this section. (Schedule 9 Added 26 of 1998 s. 43)
Note:
# Please also see L.N. 308 of 1993.