ORDINANCES OF HONGKONG 1844-1923 ORDINANCE, 1923

ORDINANCES OF HONGKONG 1844-1923 ORDINANCE, 1923

THE

ORDINANCES OF HONGKONG.

No. 18 of 1923.
An Ordinance to authorise the publication of an edition of

the Ordinances of the Colony, to be known as The
Ordinances of Hongkong, 1844-1923

[28th September, 1923].
1. This Ordinance may be cited as the Ordinances of
Hongkong, 1844-1923, Ordinance 1923.

2. In.this Ordinances,

(a) New Revised Edition means the New Revised Edition
of the Ordinances of Hongkong prepared by Chaloner
Grenville Alabaster, and authorlsed to be used by
proclamation of the Governor, dated the 28th day of August,
1913 and made in virtue of Ordinance No. 19 of 1911.

.(b) ' The Ordinances of Hongkong., 1844-1923 means the
,edition of the Ordinances of Hongkong atithorised by this
Ordinance.

3.' The. Governor may appoint some fit and proper.

person as editor to prepare the Ordinances of Hongkong,


As amended by Law Rev. Ord., 1923.
See G. N. 'No. 447 of 1923.





4.. In the preparation of the Ordinances of Hongkong

1844-1923, the editor shall have the following powers with
regard to the Ordinances included therein:-

(i) to Omit---

(a) Ordinances or parts of Ordinances which have been
repealed;

b) introducton, words of enactment;

(c) headings or parts of headings of divisions or sub-divi-'
sions-of Ordinances which in the opinion. of the editor are
not necessary to the proper interpretation of the Ordinances;

(2) to insert in their proper places in such Ordinances as
have been amended all the, provisions of the Ordinances
amending the same as indicated therein, as if the said
amended Ordinances had been ordered to be printed as
amended by such amending Ordinances; and further, where
all the amendments made by such aniending
are so inserted as aforesaid so that the object of such
Ordinances has been effected, to treat the remainder of such
Orindances as exhausted, and to omit the same;

(3) to make grammatica and typographical amendments,
and to revise the punctuation where in the opinion of the
editor such revision is necessary;

(4) to substitute-

(a) figures for words, ilild
(b) in references to Ordinances, the serial number for, the
short title,

or vice vesa^, where in the opinion of the editor such
substitutions are convenient;







.,.,(5)..to adopt a convenient standard form in all Ordinances
for the interpretation sections and for the sections giving
power to make regulations;

(6) to recast the marginal notes and references of, the
sections of Ordinances, and the headings of divisions or
sub-divisions of Ordinances, where in the opinlon of the,
editor such reasting necessary; and

(7) to do all such things relating to form and method
which may fle necessary for the perfecting. of the Ordinances
of Hongkong, 1844-1923.

The numbering of the Ordinances contained in the
New Revised Edition and of the Ordinances passedd after the
31 st day of December, '1912, and of the sections of any such
Ordinances, shall be preserved unless any alteration of such
numbering shall be authorised by the special Ordinances
referred to in section 6 (1).

6. (1) All omissions and amendments in the' Ordinances
comprised in the Ordinances of Hongkong, 1844-1923, other
than those referred to in section 4, shall be collected by the
editor, and submitted to the Legislative Council in the form
of one or more Ordinances.

(2),Where a later Ordinance, the object of which is to amend
an earlier Ordinance, contains new matter which cannot be
inserted in the earlier Ordinance in the manner indicated by
section 4 (2), and. it is expedient that such new matter
should be incorporated in the earlier Ordinance, it shall be
for. the editor to eflect such incorporation by one of
lawful

As amended by Law Rev. Ord., 1924.





the said Law' Revision Ordinances: and when all of such
new matter has been incorporated, and the amendments, if
any, in such later Ordinance have been inserted in thell,
proper places as indicated by section 4 (2), so that the
object of the later Ordinance has been effected, the remain-
der of the said later Ordinance shall be treated as exhausted
and omitted from the,Ordinances of Hongkong, 1844-1923.

(3) Without prejudice to the generality of the Provisions
of sub-section (1), the following, omissions shall be held to
be included therein:-

(a) Ordinances or parts of Ordinances which have expired
or have becorne spent or have lost their effect;

(b) repealing sections, and tables and lists of repealed
enactments, in Schedules or otherwise;

(c) preambles, or parts of preambles, to Ordinances which
in the opinion of the editor no longer serve any useful pur-
pose.

7.-(1) The Ordinances of Hongkong, 1844-1923, shall
include all the Ordinances in force on the 31st day of
December, 1923, and shall be comprised in two or more
Volumes, as may be necessary.

(2) The editor shall further prepare and issue as. part of
his undertaking-

(a) a chronological table of all the Ordinances of the
Colony, including those which have been repealed, or
which were not included in the New Revised Edition:
Provided that he may for such purpose adopt the chrono-

* As anjended by Law Rev. Ord., 1924.





logical. table prepared for the New Revised Edition by
Chaloner Grenville Alabaster, Esquire
(b) a full and complete' index to the subject-matter of all
contained in the Ordinances of Hongkong,
1844-1923);

(c) in so far as it may be' practicable, a collection of such
Orders of His Majesty in Council, treaties, constitutional-
documents and Acts of the Imperial Parliament as relate to
or affect the Colony or extracts therefrom as he may deem
fit; and

(d)' such indexes and, tables of references to the aforesaid
or other matters as he may consider necessary for perfecting
the Ordinances of Hongkong, 1844-1923,

all of which things, whether or not included in one or more
supplementary volumes separate and distinct from those
containing the Ordinances, shall, together with the volumes
containing the Ordinances, form one edition entitled The
Ordinanees of Honghong, 1844-1923.

8. (1) Each volume of the edition before it. is issued
shall by general order of the Governor in that behalf, be
impressed on the title page thereof with the seal of the
Colony.

(2) After the the publication of the last of the volumes con-
taining the Ordinances, and after the passing of the special
Ordinances referred to in section 6, the said volumes shall
be laid before the Legislative . Council for approval, and
such approval, if given, shall be notified by proclamation of
the Governor.





(3) The supplementary, volumes referred to in section 7 (2)
shall be similarly laid before the Legislative Council for
approvaLas soon as conveniently may be after the publica-
tion of each volume, , such approval, if given , shall be
simlilarly notified by proclamation of the Governor.

[s.9 rep. Revision Ordinance, 1924.]

10.-(1) A copy of this Ordinance and of all Ordinances
passed after the 27th day of September, 1923, certified
under the hand of the Governor and the seal of the Colony
shall, as soon as conveniently may be after they have been
passed by the Legislative Council and assented to by the
Governor, be transmitted by the Clerk of Councils to the
Registrar, of the Suprerne Court, who shall preserve them
for record together with the collection of Ordinances of the
Colony from the commencement thereof down to and
inclusive of Ordinance No. 30 of 1886, ancl the sealed copies
of all the Ordinances subsequent to Ordinance No. 30 of,
1886 already preserved in the Registry of the
Court.

(2) All such sealed copies and all the copies contained
in the said collection shall be deemed to be the originals.

(3) The Registrar of the Supreme Court shall also obtain'
and preserve a copy of the New Revised Edition.

'(4) In so far as there are variations between the New
-Revised Edition, and the aforesaid originals in the case of
Ordinances passed up to the end of the year 1912, such

As amended by Law Rev. Ord., 1924,





originals shall be deemed to have been amended by, and
such variations shall be deemed to have been authorised
by,' the Statute Laws (New Revised Edition) Ordinance,
1911.

(15) Subject to the provisions of section 11, any original
within the meaning of sub-sectIon (2) and any
contained in the New Revised Edition may be proved
respectively by a certified copy of such original and by a
certified copy of such Ordinance as contained in the New
Revised Edition, or, by order of a Judge, by production by
the Registrar of the Supreme Court of such original or of such
Ordinance as contained in the New Revised Edition. Subject,
however, to any objection being taken, any such original or
any Ordinance contained in the New Revised Edition may be
proved by, the production of a copy of the Gazette or of a
copy of any collection of Ordinanes, purporting to be print-
ed by the Government Printers, containing a copy of such
original, or'of volume of the, New Revised Edition pur-
porting to be impressed on the title page thereof with the
seal of the Colony, containing such Ordinance.

(6) Any person shall be entitled to inspect any such
or the copy of the New Revised Edition during
office hours on payment of twenty-five cents fo
tion not exceeding three hours, and to take copies or extracts,
certification by the, Registrar of the Supreme
payment of twenty-five cents per folio of seventy-five
words for each copy, or extract..





11. Ftom the date of the proclamation referred to in see-
tion 8 (2), the Ordinances of Hongkong, 1844-1923, shall be
deemed to be, and, shall be, without any question, in all
courts and for all other purposes whatsoever, the sole and
only proper statute book of the Colony up to the date of the
latest of the Ordinances contained therein. From the date
of the said proclamation, in so far as there may be variations
between the Ordinances contained in the Ordinances of
Hongkong, 1844-1923, and the New Revised or
between the Ordinances contained in the Ordinances of'
Hongkong, 1844-1923, and the originals preserved by the
Registrar of the Supreme Court of Ordinances passed
between the commencement of the year 1913 and the end
of the year 1923, the Ordinances contained in the New
Revised Edition and, the Ordinances passed during the said
period shall be deemed to have been amended by, and such
variations to have been authorised by, this Ordinance:

Provided that nothing in this section shall allect the
operation of anywhich may be passed before the
issue of such proclamation, for the repeal, alteration, or
amendment of any earlier Ordinance, after such Ordinance
has been printed in, the Ordinances of Hongkong, 1844-1923.

12. Where in any existing enactment or in any existing
document of whatever kind, reference is made to Ordi-
nance which is affected by or under the operation of this
Ordinance, such reference shall, where necessary, and practic-

As amended by Law Rev. Ord., 1924,




able, be deemed to extend and apply to the corresponding

enactment as contained the Ordinances of Hong Kong,

13. This Ordinance shall, be printed as the first of the
Ordinances to be contained in the Ordinances of Hongkong,

[s. 14, rep. Law Revision Ordinance, 1924.]
[Originally No. 18 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Appointment of editor. Power of editor. Numbering of Ordinances. Ordinances to be prepared by editor for the purposes of revision. Extent of revision. Approval of new edition by proclamation. Preservation of Ordinances. Originals. Copy of New Revised Edition to be preserved. Variations between the New Revised Edition, and originals. [s. 10 contd.] Ordinance No. 19 of 1911. Proof of Ordinance. Inspection of originals and New Revised Edition. Validity and operation of the Ordinances of Hongkong, 1844-1923. Construction of references to former editions of Ordinances. Place of this Ordinance in the Ordinances of Hongkong, 1844-4923.

[Originally No. 18 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Appointment of editor. Power of editor. Numbering of Ordinances. Ordinances to be prepared by editor for the purposes of revision. Extent of revision. Approval of new edition by proclamation. Preservation of Ordinances. Originals. Copy of New Revised Edition to be preserved. Variations between the New Revised Edition, and originals. [s. 10 contd.] Ordinance No. 19 of 1911. Proof of Ordinance. Inspection of originals and New Revised Edition. Validity and operation of the Ordinances of Hongkong, 1844-1923. Construction of references to former editions of Ordinances. Place of this Ordinance in the Ordinances of Hongkong, 1844-4923.

https://oelawhk.lib.hku.hk/items/show/1055

1923

v1

No. 18 of 1923

9