INTERPRETATION ORDINANCE, 1911

INTERPRETATION ORDINANCE, 1911

No. 31 of 1911.

An Ordinance to amend and codify the law as to the inter-
pretation of terms and as to common forms used in
Ordinances.

[28th August, 1913.]

1. This Ordinance may be cited as the Interpretation
Ordinance, 1911.

2. This Ordinance shall apply to the Colony of Hongkong
and its dependencies, including the New Territories, unless
it is otherwise expressed.

PART I.

Of Ordinances generally.

3. All Ordinances now in force and all future Ordinances
shall, except as provided by section 4 of the New Territories
Regulation Ordinance, 1910, extend to the New Territories
unless it otherwise appears from express provision or by
necessary implication.

4. The provisions of this Ordinance shall apply

(1) to this Ordinance and to all future Ordinances unless
the contrary Attention appear;
(2) to Ordinances now in force unless otherwise expressly
herein provided.

5. Every Ordinance shall, unless otherwise provided
therein, come into operation on the day of its publication in
the Gazette.

[s. 6, rep. No. 43 of 1912.]

7. The word. commencement, when used with reference
to any enactment, shall mean the day on which the enactment
comes into operation.





8. When any enactment, or any proclamation, notice,
order, warant, scheme, or letters patent, made, granted, or
issued, under it power conferred by any enactment, or by any
competent authority, is expressed to come into operation on
a particular day, the same shall be construed as coming Into

operation on the expiration of the previous day.

9. When an Ordiliance confers prosper to make buy
appointment, to make, grant, or issue any instrument, that
is to say, any Order in Council, order, warrant, scheme,
letters patent, rules, regulations, or by-laws, to give notices,
to prescribe forms, or to do any other thing for the purposes
of the Ordinance, that power may, unless the Contrary inten-
tion appears, be exercised at any time after the passing of
the Ordinance, subject to this restriction, that any instrument
made under the power shall not, unless the contrary intention
appears in the Ordinance, or the contrary is necessary for
bringing the Ordinallee into operation, come into operation
until the Ordinance comes into operation.

10. (1) In all Ordinance there shall be a Short title, and
in all references to Ordinances in any enactment or in any
legal document it shall be sufficient, but no essential, to
mention the short title thereto, together with the number of
the section referred to.

(2) Where, however, the short title is not used, it shall be
lawful to indicate any Ordinance referred to as aforesaid by
the serial number of the year in which it was passed, together
with such year, and the number of the section referred to, as
the same appear in the edition of the Ordinances of Hongkong,
1844-1923, prepared under authority of the Ordinances of
Hongkong, 1844-1923, Ordinance, 1923.

[(3), (4) rep. Law Revision Ordinance, 1924.]

(5) Where the reference to any Ordinance is to any line
in any section thereof, it shall be hold to refer, in the case
of Ordinances included in the edition of the Ordinances of
Hongkong, 1844-1923', prepared under authority of the Ordi-
nances of Hongkong 1844-1923, Ordinance, 1923, to the line

of such section as printed therein; and in the case of
Ordinances passed after the year 1923, to the line of such
section as printed in the copy deposited in the Registry of
the Supreme court.






PART II.

Of repeals.

11.-(1) Where any Ordinance repeals wholly or in Part,
any former enactmen~ and substitutes other provisions there
for, the repealed enactment shall remain in force until the
substituted provisions come into operation.

(2) Where any Ordinance, or any part of an Ordinance, is
repealed, all proclamations, orders, notices, rules, and
tions, issued or made in virtue thereof shall remain in force,
so far as they are not inconsistent with the provisions of the
repealing Ordinance, and, unless the contrary intention
appears, until they shall have been repealed or have been
replaced by proclamations, orders, notices, rules, or regula-
tions, as the case may be, issued or made under the provisions
of the said repealing Ordinance.

12. The repeal of any enactment shall not, unless the
contrary mention appears,--

(a)revive anything not in force or existing at the time at
the repeal takes effect; or

(b) affect the previous operation of any enactment so
repealed, or anything duly done of suffered under any enact-
ment so repealed; or

(c) affect any right, privilege, obligation, or liability
acquired, accrued, or incurred under any enactment so
repealed; or

(d) affect any penalty, forfeiture, or punishment incurred
in respect of any offence committed against any enactment 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.

Provided that where the penalty, forfeiture, or punishment
imposed by the repealing Ordinance is heavier than that
imposed by the repealed enactment, the provisions by which
the lighter penalty, forfeiture, or punishment is imposed
shall, unless such repealing enactment otherwise provides, be
applied if the court decides to inflict any punishment.





13. When any Ordinance which repeals in whole or in
part, any earlier Ordinance is itself repealed, such last repeal
shall not be construed as reviving the enactment previously
repealed, unless such revival be expressly enacted.

14. Where any Ordinance repeals and re-enacts, with or
without Modification, any provisions of a former Ordinance,
reference in any other Ordinance to the provisions so
repealed, shall, unless the contrary intention appears, be
construed as to the provisions so re-enacted.

15. Where any statute of the Imperial Parliament repeals
and re-enacts, with or without modification, any provisions
of a former statue of the Imperial Parliament, references
in any Ordinance to the provisions so repealed, shall, unless
there is any provisions in the repealing statute from which
the contrary intention shall appear, be construed as references
to the provisions so re-enacted.

16. Any Ordinance which amends, repeals, or adds to , the

provisions of a former Ordinance shall, unless the contrary
Intention appears, be read and construed as forming part of
the Ordinance so affected.

17. Whenever any enactment shall be disallowed by His
Majesty, such disallowance shall be notified by the Governor
in the Gazette; and from and after the date of such notifica-
tion, the enactment, and all proclamations, orders, notices,
rules, regulations, or other like documents made thereunder
shall cease to have effect:

Provided always that the provisions of section 12 shall
apply to such disallowance as if the words disallowance
and disallowed were read therein in lieu of the words
repeal and repealed respectively ; with this exception
only, that any enactinent repealed, modified, or amended by
any enactinent disallowed, together with all proclamations,
orders, notices, rules, regulations, or other like documents,
made under such previoils enactment, shall revive and
continue in force in their original forms as from the date of
the said notification.

The expression disallowance shall include the significa-
tion of His Majesty's pleasure not, to allow any Ordinance.





PART III.
General.

18. Every Ordinance shall be a public Ordinance, and
shall be judicially noticed as such, Unless the contrary
is expressly provided by the Ordinance.

19. Every section of an Ordinance shall have effect as a
substantive enactment without introductory words.

20. Every Schedule to or Table in any Ordinance, shall,
together with any notes thereto, be construed and have
effect as part of the Ordinance.

21. Where an Ordinance is divided Into Parts, Chapters,
titles, or other sub-divisions, the fact and particulars of such
division shall, with or without express mention thereof in
such Ordinance, be taken notice of in all courts and for all
other purposes whatsoever.

22. References to the Sovereign in any Ordinance, or to
the Crown, shall unless the contrary intention appears or the
context otherwise requires, be construed as references to the
Sovereign for the time being, and it shall not be necessary
to refer to or include the Sovereign's Heirs and Successors.

23. No Ordinance shall be binding on the Crown, or
shall in any manner affect the rights of the Crown, unless it
is so provided in express terms.

This Ordinance shall be binding on the Crown.

24. Where any Ordinance confers a power or imposes a
duty, then, unless the contravy intention appears, the power
may be exercised and the duty shall be performed from time
to time as occasion requires.

25.-(1) Where reference is made to any person by the
term desigitating his office, such term shall include the
person for the time being the duties of such office,
as well as such other person as, may be appointed to perform
any portion of such duties.

(2) Where any Ordinance confers a power or privilege, or
imposes a duty on the holder of any office as the,
unless, the contrary intention appears, the power may be





exercised and the duty shall or may be performed, as the
case may be, by the holder of the office for the time being,
or by any person appointed to act in, or perform the duties
of, the said office for the time being.

(3) Any civil or criminal proceedings taken by or against
any person in virtue of his office shall not be discontinued
or abated by his death, resignation, or absence or removal
from office, but may be carried on by or against, as the
case may be, the person appointed to perform the duties of
the office.

26.--(1) Where reference is made in any enactment to
any seriess of sections of, or other divisions of, any enactment,
or to any Part of any enactment, the reference shall be held
to be inclusive of the sections or division or words mention-
ed in the reference.

(2) When any particular number of days is prescribed for
the doing of any act or for any other purpose, the same shall,
unless the contrary intention appears, be reckoned exclusive
of the first and inclusive of the last day.

26A.-(1) 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 serial number of
an 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.

(2) Where in any section of any Ordinance, there is a reference
reference to a sub-section or paragraph by member or letter
only and not in conjunction with the member of any section
of that or of any other Ordinance, such reference shall be
construed as a reference to the sub-section or paragraph of
that number or letter contained in the section in which such
reference occurs.

(3) The provisions of sub-sections ( 1) and (2) shall apply
mulatis mulandis in the case of reference to rules, regula-
tions, Appendices, by-laws, forms and other divisions or
portions of Ordinances, where such references are made by
number or letter only and not in conjunction with the titles
or numbers of Ordinances or parts of Ordinances.





27. In the meansurement of any distance for the purposes
of any Ordinance, that distance shall, unless the contrary
intention appears, be measured in a straight line on a
horizontal plane.

28.- (1) Whenever any expression of time occurs in any
enactment or in any legal document, the time referred to
shall, unless the contrary intention appears, be held to be
standard time.

The expression standard time means standard time as
used in the Colony: that is to say, the mean time of the
120th meridian East of Greenwich, which is exactly eight
hours in advance of Greenwich mean time.

(2) The expression a.m. indicates the period between
midnight following; and where in any enactment two such
expressions occur conjunctively in relation to any specified
hours, or in conjunction with the words sunset or
sunrise , they shall be constrited to relate to consecutive
periods of time.

29. Where all Ordinance authorises or requires, any
document to be served by post, whether the expression
serve , or give , or send , or any other expression is
used, then, unless the contrary intention appears, the service
shall be deemed to be, effected by properly addressing, pre-
paying, and posting a letter containing the document, and,
unless the contrary is proved, to have been effected at the
time at which the letter would be delivered in the ordinary
of post.

30. In any enactment expressions referring to writing or
printing shall include, unless the contrary intention appears,
writing, printing, lithography, photography, typewriting, and
every other mode of representing words or figures in a
visible form; but in the Case of a book printing shall not
include writing or typewriting.

Nothing in this section shall be taken to apply to
signatures.




31. In all Ordinance, unless the contrary intention appears,
the words oath and affidavit include, in the cases of
persons allowed or requied by law to affirm instead of
swearing, affirmation; and swear, in the like cases,
includes affirm.

32. Where in any enactment Chinese words or terms are
used, or where English words are used, followed, in brackets
or otherwise, by Chinese words or terms, whether in Chinese
characters or not, the Chinese words or terms shall be held
to be included in the enactment, and the meaning and
construction thereof shall be in accordance with Chinese
language and custom.

33. Where the words or, other , and otherwise
are used, they shall, unless the contrary intention appears, be
construed disjunctively and not as implying similarity, unless
the word similar, or some other word of like meaning, is
added.

Nothing in this section shall be taken to affect section 11
or the Penalties Ameadment, Ordinance, 1911.

34. Where the offence with which any person is charged
is-

(1) the doing of any act; or
(2) the omission to do any act; or
(3) the possession or custody of any matter or thing,
without lawful or reasonable authority or purpose or excuse,
the proof of such authority or purpose or excuse shall lie on
the person charged with the office.

35. In the construction of every Ordinance relating to an
offence punishable on indictment or on summary conviction,
the expression person shall, unless the contrary intention
appears, include a body corporate.

36. In all enactinents, unless the contrary intention appears,
words importing the masculine gender shall include females,
and words in the singular shall include the plural, and words
in the phural shall include the singular.





37. Where any notice, order, or other document is required
by any enactment to be publish in the Gazette, or where
any document referred to in section 26 (3) of the Evidence
Ordinance, 1899, appears in the Gazette, a copy of the
Gazette in which it is so published or appears shall be
prima facie evidence of the facts stated in such notice, order,
or document.

38.-(1) where under any enactment any person is re-
quired to pay any charge or fee for any act or thing done, or
document issue, or signature or seal affixed to any document,
by any public officer or department, or where any person is
adjudged by any court, or other authority duly authorised
by law, to pay or forfeit any sum of money, such charge or
fee and such sum of money shall be paid into the Treasury,
Unless the contrary is otherwise provided; and if any such
charge or fee, or if any commission on money receive or

taken possession of, realized, or otherwise dealt with, is
required to be paid to any public officer or department, such
officer or department receiving the same shall pay it into or
account for the same in due course to the Treasury.

(2) Where under any enactment any thing or any animal
is adjudged by any court, or other authority duly authorised
by law, to be forfeited, it shall, unless the contrary is
otherwise provided, or unless it is expressed by law to be
forfeited to any person, be forfeited to the Crown, and the
net proceeds thereof, if it is ordered by competent authority
to be sold, shall be paid into the Treasury, unless the contrary
is otherwise provided.

(3) Nothing in this section shall affect any provision in
any existing or future enactment whereby any shares of lines
or forfeitures, or of proceeds of forfeitures are expressed to
be recoverable by my person, or may be granted by any
authority to any person or officer.

(4) The Governor may in any special case, not provided
for by Ordinance, award a share, not exceeding three-fourths,
of any fine or forfeiture adjudged by any court, or of any
procees of any forfeitur, as a reward, bounty or gratuity,
to any member of the police force, for meritorious conduct,
zeal displayed, or injury sustained in the execution of his





duty, or to such private persons or informers as may be
deserving of reward for assisting in the detection of crime
or the apprehension of offenders.
[(5), rep. No. 43 of 1912.]

PART IV.
Definitions.

39. In all enactments the following words shall have the
meanings hereby assigned to them, unless otherwise provided
or unless the context otherwise requires.

A - Official definitions.

(1) Governor means the goernor of Hongkong, and
includes the officer for the time being administering the
Government of Hongkong;

and where the Governor of Hongkong is not intended,-

Governor means, as respects Australia, Canada, India,
and the Union of South Africa, the Governor General, and
includes any person who for the time teing has the power
of the Governor General;

and as respects any other British possession or territory
under the protection of the King, means the Governor or
Administrator of that possession, and includes the officer for
the time being administering the Government of that
or territory.

(2) Governor in Council , or Governor in Executive
Council or Governor with the advice of the Executive
Council means the Governor acting with the advice of the
Executive Council, but not necessarily in such Council
assembled.

(3) Officer adimistering the Government means the
officer who succeeds to or is appointed to the administration
of the Government of the Colony.

(1) Secretary of State means His Majesty's Principal
Secretary of State for the Colonies, unless another Secretary
of State is indicated.





(5) Crown Agents means the person or persons for the
time being acting as Crown Agents for the Colonies in
England, or any one of them.

(6) The Admiralty means the Lord High Admiral of
the United Kingdom for the time being, or the Commissioners
for the time being executing the Office of Lord High Admiral
of the United Kingdom.

(7) Privy Council means the Lords and others for the
time being of His Majesty's Most Honourable Privy Council;
and Order in Council means all Order made by His
Majesty in his Privy Council.

(8) Board of Trade means the Committee for the time
being of the Privy Council appointed for the consideration
of matters relating to trade and foreign plantations.

(9) Imperial Parliament and Parliament mean the
Parliament of the United Kingdom.

(10) Consul and Consular officer include consid-
general, consul, vice-consul, consular agent, and any person
for the time being authorised to discharge the duties of
consul-general, consid, or vice-consul.

(11) Legislative Council and legislature mean the
Legislative Council of the Government of Hongkong; and,
when used with reference to a British possession other thall
Hongkong, mean the authority, other than the Imperial
Parllament,' or Ills Majesty the, King ill Council, Competent
to make laws for such British possession.

(12) The Treasury and Treasurer mean the Colonial
Treasury and the Colonial Treasurer respectively.

(13) Justice of the peace means a person appointed by
the Governor to act as justice of the peace for the Colony.

B.- Colonial definitions.

(1) The Colony, this Colony, or Hongkong,
means the whole area of land and water lying between the
following boundaries:-

On the south-The parallel of latitude 22' 9' North between
the Points where it is intersected by the meridians of
longitude 113' 52' East and 114' 30' East of Greenwich;





On the north-A line drawn from the point where the
meridian of longitude 113' 52' Eist 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 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 delimiting the northern frontier of the New
Territories signed by James Haldane Stewart Lockhart and
Wong Ts'un-shin at Hongkong on the 19th day of March,
1899, and following the high water mark in Mirs Bay to the
point where the meridian of longitude 114' 30' East of
greewich intersects the mainland;

On the cast -The meridian of longitude 114' 30' East of
Greenwich between the points where it Intersects the main-
land and the parallel latitude 22' 9' North ;

On the west -The meridian of longitude 113' 52' East of
Greenwich between the points where it intersects the parallel
of latitude touching the extreme south-west point of the
shore of Deep Bay and the parallel of latitude 22' 9' North :
Provided that, between the points on the north and south
coast of Lantao where the meridian of longitude 113' 52'
East of Greenwich intersects the island, the boundary follows
the western coast-line of Lantao and includes the waters
appertaining thereto.

(2) Kowloon means tbat portion of the peninsula of
Kaulung which was ceded to Great Britain by the Emperor
of China on the 24th day of October, 1860.

(3) The New Territories means the additional territories
leased to Great Britain by the Emperor of China under the
Convention dated the 9th day of June, 1898.

(4) New Kowloon means that portion of the New
Territories which is delineated and shewn upon a plan
marked New Kowloon signed by the Director of Public
Works and countersigned by the Governor and deposited in
the Land Office.

(5) City of Victoria or Victoria means the area
within the following boundaries:-

On the north-The Harbour;





On the west-A line runing north and south, drawn
through the north-west angle of Inland Lot No. 1299, and
extending southwards a distance of 850 feet the afore-
said angle;

On the south-A line running east from the southern
extremity of the western boundary until it meets a contour
of the hill-side 700 feet above the level known as Ordinance
datum (that is to say, a level which shall be notified In the
Gazette) and thence following the said contour until it meets
the eastern boundary ;

On the east-A line following the western boundary (if the
Queen's Recreation Ground until it meets the old Shauki-
Wall Road, thence to the south-east angle of Inland Lot No.
1018, thence along the southern boundary of Inland Lot No.
1018, produced until It meets the road on the east side of
Wongneichong Valley, and thence to the south-east angle
of Inland LoL No. 1364, produced until it meets the southern
boundary.

(6) The waters of the Colony or Colonial waters
means all waters, whether navigable or not, included within
the Colony.

(7) Harbour means, unless any other harbour is
expressly indicated, the harbour of Victoria, and Includes
the waters of the Colony within the following boundaries :-

On the east-A line drawn from a pillar to be marked
Harbour Limits at North Point on the island of Hong-
kong to the most easterly point of Kowloon City Pier;

On the west-A line drawn from the westernmost point of
the Island of Hongkong to the western side of Green Island,
continued to the western point of Stonecutters Island, thence
to the north point of Stonecutters Island, and thence to the
Harbour Department Station at Shamshuipo.

(8) Public seal means the public seal of the Colony.

(9) Public office and public department include
every office or department invested with or performing
duties of a public nature, whether under the immediate
control of the Governor or not.

(10) Public officer or Public servant means any

person holding any appointment or discharging the duties,
whether permanently or temporarily, of any office the





emoluments of which are wholly or in part directly derived
from the revenues of the Colony, and includes members of
the Executive and Legislative Councils, members of the
Sanitary Board, justices of the peace, revenue officers,
members of the police force, and of the District Watchmen
Force appointed under the Regulation of Chinese Ordinance,
1888, and also commissioners and persons acting under the
Commissioners Powers Ordinance, 1886, and persons acting
under the Po Leung Kuk Incorporation Ordinance, 1893.

(11) Officer of police or police officer includes
members of the police force of all ranks; and where any
duty or power is imposed or conferred in any Ordinance
on any officer of police or police officer or police
constable or constable , it may be performed or exercised
by my member of the police force;

and where any duty or power is imposed or conferred on
any European officer of police or constable, it may be
performed or exercised by any European member of the
police force ;

and where any duty or power is imposed on any officer
of police other than a constable it may be performed or
exercised by any member of the police force of higher rank;

and where any person is referred to as not being a
constable of police it shall be construed to mean any
person not being a member of the police force

and the expression person employed in the police force
or otber words of like meaning shall include all the em-

ployes referred to in section 3 (2) of the Police Force
Ordinallee, 1900, as well as all members of the police force.

(12) Modical Officer of Health. and Assistant Medical
Officer of Health mean the persons appointed respectively
to act as such officers under the Public health and Buildings
Ordinance, 1903.

(13) Government Analyst includes for the purposes of
all Ordinances any analyst appointed by the Governor under
the Sale of Food and drugs Ordinance, 1896.

(14) The Gaol means Victoria Gaol, and includes any
place that may hereafter be set apart as a prison.





(15) Superintendent of Prisons means the person
appointed to that office under the Prisons Ordinance, 1899.
This definition shall apply to all warrants of committal, or
other documents, whether issued, made, scaled, or signed
before or after the commencement of this Ordinance.

C.--Geogaphical definitions.

(1) United Kingdom means the United Kingdom of
Great Britain and Ireland.

(2) British Islands' means the United kingdom, the
Channel Islands, and the Isle of Man.

(3) British possession means any part of His Majesty's
dominions exclusive of the United Kingdom; and where
parts of such dominions are under both a central and a local
legislature, all parts under the central legislature shall, for
the purposes of this definition, be deemed to be one British
possession.

(4) British colony or Colony means, where the
Colony of Hongkong is not intended, any part of His
Majesty's dominions exclusive of the United Kingdom and
of British India; and where parts of such dominions are
under both a central and a local legislature, all parts under
the central legislature shall, for the purposes of this

tion, be deemed to be one colony.

(5) British India means all territories and places within
His Majesty's dominions which are for the time being
governed by His Majesty through the Governor-General of
India, or through any Governor or other officer subordinate
to the Governor-General of India.

(6) India means British India together with any terri-
tories of any native prince or chief under the suzerainty of
His Majesty exereised through the Governor-General of India
or other officer subordinate to the Governor-General of India.

D. - Judicial definitions.

(1) High Court means, when used with reference to
England or Ireland, His Majesty's High Court of Justice in
England or Ireland, as the case may be.





(2) Court of assize or assizes means, as respects
England, Wales, and Ireland, a court of assize, a court of
oyer and terminer, and a court of gaol delivery, or any of
them, and as respects England and Wales, includes the
Central Criminal Court; and as respects hongkong, means
the Supreme Court, either one judge or the Full Court, sitting
in its criminal jurisdiction; and unless it is specially provided
that any offence is to be tried summarily before a magistrate
or otherwise, all offences shall be triable before the Supreme
Court sitting in its criminal jurisdiction.

(3) Supreme Court menas the Supreme Court of Hongkong.

(4) Probate court means, as respects Hongkong, the
Supreme Court sitting in its probate jurisdiction.

(5) Bankruptcy court means, as respects Hongkong, the
Supreme Court sitting in its bankruptcy jurisdiction.

(6) Colonial Court of admiralty means, as respects
Hongkong, the Supreme Court sitting in its Admiralty
jurisdiction.

(7) Court means the Supreme Court as well as any other
court holden in the Colony; but in the absence of any words
indicating a contrary intention the jurisdiction created by or
referred to in any enactment shall be exercised only by the
Supreme Court.

(8) Magistrate means a magistrate appointed under the
Magistrates Ordinance, 1890, but does not include the marine
magistrate in cases not coming within section 8 of the said
Ordinance, unless such magistrate is expressly indicated;
and unless the contrary intention appears, the expression
triable before a magistrate or tried summarily, or any
other expression having the like intent, means that an offence
may be tried as provided by the Magistrates Ordinance, 1890;
and the expression summary conviction or conviction
before a magistrate, and any other expression having
the like intent, means that hte offence to which it relates was
triable, and has been tried, and the offender convicted, as
provided by the said Oridnance; and in both cases the
procedure respecting the imposition of fines and forfeitures,
imprisonment for default, and all other provisions respecting
the jurisdiction of the magistrate, and the procedure of such
trial, shall be held to be included; and where by any Ordi-





nance an offence is made punishable by summary conviction,
the magistrate, or two magistrates, as the case may require,
shall be deemed thereby to be invested with jurisdiction to
try any person accursed of such offence; and references in any
enactment to two magistrates shall mean two magistrates
sitting together and exercising jurisdiction as provided by
setion 83 of the Magistrates ordinance, 1890.

(9) Judge means any judge, of the Supreme Court; and
where amy civil jurisdiction is required to be exercised by a
judge, such jurisdication, if it is not otherwise expressed,
shall be exercisable by a judge sitting in chambers.

(10) Rules of court mean, when used in relation to any
court, rules made by the authority having for the time being
power to make rules and orders regulating the practice and
procedure of such court, together with the forms necessary
thereto. The power of the said authority to make rules of
court as above defined shall include a power to make rules of
Court, together with the forms necessary thereto, for the
purpose of any future enactment direcling or authorising
anything to be done by rule of court.

E. - General definitions.

(1) Any Ordinance or any enactment means and
includes any Ordinance or any enactment, as the case may
be, which is in force in the Colony at the time when the
enactment in which the expression occurs is enforced or
applied.

(2) Bank of England means the Governor and Company
of the Bank of England.

(3) Bank of Ireland means the Governor and Company
of the Bank of ireland.

(4) Committed for trial means, when used in relation
to any person, committed to prison with the view to his
being tried before a judge and jury, or otherwise as the law
directs; and includes a person who is admitted to bail upon
recognizances to appear and take his trial before a judge
and jury, or otherwise.




(5) Definition means the interpretation to be given to
words or expressions used in the ordinance or part of an
Ordinance to which such interpretations are declared to be
applicable; and the words or expressions are to have in such
Ordinance or part of an ordinance, and in any rules, regula-
tions, orders, or other documents made thereunder, the
meanings assigned to them unless inconsistent with the
context.

(6) Enactment means any provision made by competent
authority having the force of law, and any part of such
provision, and includes rules and regulations made in virtue
of powers conferred by any Ordinance or statute.

(7) Gazette means the Hongkong Government Gazette.

(8) In this Ordinance or In this Part or In this
section, or any other similar expression means, when used
at the commencement of an interpretation section, that the
words or expressions which follow shall have, in the Ordinance,
or Part, or section, or in any rules, regulations, orders
or other oducments made thereunder, the meanings assigned
to them unless it is otherwise provided or unless any such
meaning is repugnant to, or inconsistent with, the context,
and the definitions of the said words and expressions shall
apply mutatis mutandis to any grammatical variations of the
terms defined and to any experssions cognate therewith.

(9) Medical practitioner, or any words importing a
person recognised at law as a practitioner in medicine or
surgery or as any kind of member of the medical profession,
means a medicl practitioner duly registered under the
Medicl Registration Ordinance, 1884, unless a Chinese
medical practitioner is expressly referred to .

(10) Month means calender month, unless it appears
from the context that lunar month or Chinese moon is
intended.

(11) Offence means any crime, misdemeanor, contraven-
tion, or other breach of the law for which a penalty is
provided.

(12) Person, and words applied to any person or in-
dividual, shall aply to and include, subject only to the
provisions of section 35, bodies corporate, joint tenants and
tenants in common.




(13) Per cent , when used in relation to a rate of
payable in any circumstances, means the rate of interest
specifed payable in respect of a year, unless it Is expressly
provided that it is payable in respect, of any other period.

(14) Proclamation means, as respects Hongkong, a
proclamation of the Governor or of the Governor in Council.

(15) Provided or prescribed , when used in reference
to any enactment, means provided or prescribed by such
enactment, or as provided or prescribed by the provisions of
such enactment.

(16) Solicitor means a legal practitioner admitted to
practice as a solicitor before the Supreme Court undur the
Legal Practitioners Orclinance, 1871.

(17) Statute or Act means an Act of the Imperial
Parliament.

(18) Statutory declaration means a declaration made
by virtue of the Statutory Declarations Act, 1835, or of the
Statutory Declarations Ordinnaice, 1893.

(19) Treaty means and includes a treaty, convention,
or agreement made with a foreign State, together with
protocols or declarations attached thereto, or independent
thereof but referring thereto.

(20) Will means and includes a will, testament, codicil,
and all other testamentary papers whatsoever.

(21) Year means a your according to the Gregorian
calendar, unless it appears from the context that a Chinese
year is intended.

(22) Years of age , or words of a like meaning, when
used in reference to the age of any person, means years
according to English reckoning, unless Chinese reckoning is
expressly indicated.



PART V.

Of regulations, forms, and other matters.

40 - (1) Where any Ordinance confers on any person a
discretionary power to make regulations, to issue any order,
or to do any act, the power shall, unless the contrary intention
appears, be construed as including the power, exercisable in
like manner, and subject ot the same conditions, if any, to
amend, vary, rescind, revoke and suspend the regulations
made, or order issued, or any part thereof, and to make or
issue new regulations, or a new order, or to abstain from
doing the act.

(2) Regulations, both in this section, and generally in this
Ordinance, as well as in all other enactments, means
regulations, rules, orders and by-laws, not inconsistent with
the rovisions of the ordinance under which they are made,
and includes of court.

(3) All regulations shall, unless otherwise provided, come
into operation on the day of their publication in the Gazette,
and shall have the same force and effect and be equally
binding, and shall be construed for all purposes as if they
had been contained in the Ordinance empowering them to
be made; and any refeence to the Ordinance in any
enactment or in any legal document shall be construed as
including the regulations in such reference.

(4) The smae rules shall apply to any order made by the
Governor or the Governor in Council, and to any order,
warrant, scheme, letters patent, or other instrument made or
issued under the provisions of any Ordinance: Provided
that they shall not apply to banishment or deportation orders.

41 - (1) Unless it is otherwise enacted, whenever in any
Ordinance it is provided that regulations shall be -

(a) made; or

(b) made subject to the approval or confirmation (or where
other words of like meaning are used) of the Governor in
council,

the following rules shall be observed:-

(i) the regulations shall be submitted for the approval of
the Governor in Council; and




(ii) the Governor in Council shall have power to amend,
or to disapprove the whole or any part of the regulations,
and may, if he disapproves them either in whole or in part,
require further or other regulations to be submitted for
approval.

The words to amend shall include the power to add to,
alter, or otherwise vary.

(2) This section shall apply to regulations which are by
any Ordinance made subject to the spparoval or confirmation
(or where other words of like meaning are used) of the
Governor or of the Legislative Council.

42. All forms in use under any Ordinance repealed by
any subsequent Ordinance, and which are not replaced by
forms in the repealing Ordiance, shall remain in force so
far as they are not inconsistent with its provisions, until they
have been replaced by forms prescribed in accordinance with
the provisions of the repealing Ordinance.

PART VI.
Of proclamations and Orders of the Governor.

43. Proclamations and notifications of the Governor shall
come into operation on the date of their publication in the
Gazette.

44. Where power is given to the Governor to issue a
proclamation or notilication, it shall include the power of
amentling, revoking or suspending the said proclamation
or notification, and of declaring the date of its coming into
operation and also of subsituting another therefor :

Provided always that where any Ordinalice is to come into
operation on a day to be fixed by proclamation, the power to
issue such proclamation shall not include (except in the case
of and for the purpose of correcting any mistake, therein)
the power of amending, revoking, or suspending the same.

45. Where power is given to the Governor to make any
order or give any direction, it shall be sufficient, unless it is
otherwise expressed, for such order or direction to be signified
under the hand of the Colonial Secretary or of the Assistant
Colonial Secretary.







The section shall not apply to the issue of any warrant by
the Governor: such warrant shall be under his hand and seal.

46. Sections 43 and 44 shall apply to proclamations and
notifications issued by the Governor in Council; and section
45 apply to orders and directions of the Governor in
Council, except that the signification thereof shall be under
the hand of the Clerk of Councils.

PART VII.

Of public officers.

47. Unless it is otherwise expressly provided in any
Ordinance, every person who, by force or violence, resists,
opposes, molests, hinders or obstructs any pbulic officer
in the performance of his duty, or any person lawfully
engaged, authorised, or employed in the performance of any
public duty, or any person lawfully acting in aid or assistance
of any such public officer or person, shall be liable to a fine
not exceeding one hundred dollars, and to imprisonment not
not exceeding three months.

48. (1) Unless it is otherwise expressly provided in ay
enactment, all actions and prosecutions to be commenced
against any pbulic officer for anything done or omitted to
be done in pursuance of any enactment shall be commenced
within six months after the act or omission, and not otherwise.

(2) In any such action the defendant may plead the general
issue, and give this Ordinance and any special matter in
evidence at any trial to be had thereupon.

(3) No plaintiff shall recover in any such action if tender
of sufficient amends has been made before such action brought,
or if a sufficient sum of money has been paid into court after
such action brought, by or on behalf of the defendant.

(4) If a verdict passes for the defendant, or the plaintiff is
monsuited or discontinues any such action after issue jointed,
or if on demurrer or otherwise, judgment is given against
the plaintiff, the defendant shall recover his full costs as
between solicitor and client, and shall have the like remedy
for the same as any defendant has by law in other cases;




and though a verdict passes or judgment is given for the
plaintiff in any such action, the plaintiff shall not have costs
against the defendant unless the judge before whom the trial
is had certifiesof the action.

PART VIII.

Miscellancous.

49- (1) In any Ordinance, instrument, Or document, any
Act of the Imperial Parliament may be cited by reference to
its short title, if any, either with or without a reference to
the chapter, or by reference to the regnal year in which it
was passed ; and, where there are more statutes or sessions
than one in the same regnal year, by reference to the statute
or the session, as the case may require; and where there are
more chpters than one, by reference to the chapter; and
any provision of any Act may be cited by reference to the
section or sub-section of the Act in which the provision is
contained.

(2) Where any Ordinance passed after the 18th day of
November, 1897, contains such reference as aforsaid, the
reference shall, unless the contrary intention appears, he read

as referring, in the case of statutes included in any revised
edition of the statutes purporting to be printed by authority,

to that edition; and in case of statutes not so included and
passed before the reign of King George the First, to the
edition prepared under the direction of the Record Com-
mission; and in other cases to the copies of the statutes
purporting to be printed by the King's Printer or under
the superintendence or authority of His Majesty's Stationery
Office.

(3) In any Ordinance a description or citation of a portion
of an Act of Parliament shall, unless the contrary intention
appears, 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
of citation.

(4) Any reference to an Act of Parliament shall include a
reference to regulations made thereunder. [Originally No. 31 of 1911. No. 3 of 1917. No. 20 of 1922. No. 32 of 1923. No. 34 of 1923. Law Rev. Ord., 1924.] Short title. Application of the Ordinance. Application of provisions of this Ordinance. Ordinance No. 34 of 1910. Application of provisions of this Ordinance. Commencement of Ordinances. Definition of commencement. 52 & 53 Vict. c. 63, s. 36(1). Time of commencement. 52 & 53 Vict. C. 63, s. 36(2). Exercise of statutory powers between passing and commencement of Ordinance. 52 & 53 Vict. C. 63, s. 37. Citatioin of Ordinance. 52 z7 53 Vict. C. 63, s. 35. Ordinance No. 18 of 1923. Ordinance No. 18 of 1923. Effect of repeal on existing proclamations and regulations. 52 & 53 Vict. C. 63, s. 11(2). Effect of repeal generally. 52 & 53 Vict. C. 63, s. 38(2). Repeal of Ordinance. 52 & 53 Vict. C. 63, s. 11 (1). References to re-enacted provisions. 52 & 53 Vict. C. 63, s. 38(1). References to re-enacted Acts of Parliament. Operation of amending Ordinaces. Disallowance. Ordinances to be public Ordinance. 52 & 53 Vict. C. 63, s. 9. Section to be substantive enactments. 52 & 53 Vict. C. 63, s. 8. Schedules, etc, to be part of Ordinances. Sub-divisioins of Ordinances to be recognised. References to the Sovereign. 52 & 53 Vict. c. 63, s. 30. Ordinances not binding on Crown unless expressed. 52 & 53 Vict. c. 63, s. 32 (1). Construction of provisions as to exercise of powers and duties. Construction of references to public officers. Construction of provisions granting powers to the holder of an office. 52 & 53 Vict. C. 63, s. 32 (2). Proceedings not abated by change in office. Construction of references to other enactments; and to a series of days. Construction of references to sections, etc. Meaning of person in criminal Ordinance. 52 & 53 Vict. c. 63, s. 2. [ef. s. 39 E (12).] Rules as to gender and number. 52 & 53 Vict. c. 63, s. 1. Measurment of distances 52&53 Vict c.63,s,64.Refereences to time Meaning of service by post. Meaning of writing 52&53 Vict c.63,s20 Meaning of oath,affidavit and swear 52&53Vict c.63,s3.Use of Chinese expressions in Ordinance Meaning of or otherotherwise Ordinance No.30of 1911Burden of proof where acts done without lawful execuse etc.Meaning of person in criminal Ordinances 52&53Vict .63,s.2.[cf.s.39E(12).]Rules as to gender and number 52&53Vict c63,s1. Effect of notices of Gazette. Ordinance No. 2 of 1889. Application of fees, fines and forfeitures. Definitions. Governor. 52 & 53 Vict. C. 63, s. 18 (6). Governor in Council. Officer administering the Government. Secretary of State. [s. 39 contd.] Crown Agents. Admiralty. 52 & 53 Vict. C. 63, s. 12 (4). Privy Council. 52 & 53 Vict. C. 63, s. 12 (5). Board of Trade. 52 & 53 Vict. C. 63, s. 12 (8). Imperial Parliament. Consul. 52 & 53 Vict. C. 63, s. 12 (20). Legislative Council. 52 & 53 Vict. c. 63, s. 18 (7). Treasury. Justice of the peace. The Colony. [s. 39 contd.] Kowloon. New Territories. New Kowloon. City of Victoria. [s. 39 contd.] Water of the Colony. Harbour. Public seal. Public office. Public officer. [s. 39 contd.] Ordinances Nos. 3 of 1888, 13 of 1886 and 6 of 1893. Officer of police, etc. Ordinance No. 11 of 1900. Medical Officer of Health. Ordinance No. 1 of 1903. Government Analyst. Ordinance No. 8 of 1986. The Gaol. [s. 39 contd.] Superintedent of Prisons. Ordinance No. 4 of 1899. United Kingdom. British Islands. 52 & 53 Vict. C. 63, s. 18 (2). British colony 52 & 53 Vict. C. 63, s. 18 (3). British India. 52 & 53 Vict. C. 63, s. 18 (4). India. 52 & 53 Vict. C. 63, s. 18 (5). High Court. 52 & 53 Vict. c. 63, s. 13 (3). [s. 39 contd.] Court of assize. 52 & 53 Vict. C. 63, s. 13 (4). Supreme Court. Probate Court. Bankruptcy court. Colonial Court of Admiralty. Court. Magistrate. Ordinance No. 3 of 1890. [s. 39 contd.] Judge. Rules of court. 52 & 53 Vict. C. 63, s. 14. Any Ordinance. Bank of England. 52 & 53 Vict. C. 63, s. 12 (18). Bank of Ireland. 52 & 53 Vict. C. 63, s.12 (19). Committed for trial 52 & 53 Vict. C. 63, s. 27. [s. 39 contd.] Definition. Enactment. Gazette. In this Ordinance, etc. Medical practitioner. Ordinance No. 1 of 1884. Month. Offence. Person. [s. 39 contd.] Per cent. Proclamation. Provided, etc. Solicitor. Ordinance No. 1 of 1871. Statute, etc. Statutory declaration. 5 & 6 Will. 4, c. 62. Ordinance No. 8 of 1893. Treaty. Will. Year. Years of age. Extent of power to regulations. 52 & 53 Vict. C. 63, s. 32 (3). Meaning of regulations. Publication and effect. Other documents. Powers of Governor in Council over regulations. Forms in repealed Ordinances. Coming into operation of proclamations. Extent of power to issue proclamations. Signification of orders of the Governor. Application of certain previous sections. Interfering with public officers. Protection of public officers acting under authority of enactment. [ef. No. 1 of 1903, s. 270.] Citation of Imperial Acts. 52 & 53 Vict. C. 63, s. 35.

[Originally No. 31 of 1911. No. 3 of 1917. No. 20 of 1922. No. 32 of 1923. No. 34 of 1923. Law Rev. Ord., 1924.] Short title. Application of the Ordinance. Application of provisions of this Ordinance. Ordinance No. 34 of 1910. Application of provisions of this Ordinance. Commencement of Ordinances. Definition of commencement. 52 & 53 Vict. c. 63, s. 36(1). Time of commencement. 52 & 53 Vict. C. 63, s. 36(2). Exercise of statutory powers between passing and commencement of Ordinance. 52 & 53 Vict. C. 63, s. 37. Citatioin of Ordinance. 52 z7 53 Vict. C. 63, s. 35. Ordinance No. 18 of 1923. Ordinance No. 18 of 1923. Effect of repeal on existing proclamations and regulations. 52 & 53 Vict. C. 63, s. 11(2). Effect of repeal generally. 52 & 53 Vict. C. 63, s. 38(2). Repeal of Ordinance. 52 & 53 Vict. C. 63, s. 11 (1). References to re-enacted provisions. 52 & 53 Vict. C. 63, s. 38(1). References to re-enacted Acts of Parliament. Operation of amending Ordinaces. Disallowance. Ordinances to be public Ordinance. 52 & 53 Vict. C. 63, s. 9. Section to be substantive enactments. 52 & 53 Vict. C. 63, s. 8. Schedules, etc, to be part of Ordinances. Sub-divisioins of Ordinances to be recognised. References to the Sovereign. 52 & 53 Vict. c. 63, s. 30. Ordinances not binding on Crown unless expressed. 52 & 53 Vict. c. 63, s. 32 (1). Construction of provisions as to exercise of powers and duties. Construction of references to public officers. Construction of provisions granting powers to the holder of an office. 52 & 53 Vict. C. 63, s. 32 (2). Proceedings not abated by change in office. Construction of references to other enactments; and to a series of days. Construction of references to sections, etc. Meaning of person in criminal Ordinance. 52 & 53 Vict. c. 63, s. 2. [ef. s. 39 E (12).] Rules as to gender and number. 52 & 53 Vict. c. 63, s. 1. Measurment of distances 52&53 Vict c.63,s,64.Refereences to time Meaning of service by post. Meaning of writing 52&53 Vict c.63,s20 Meaning of oath,affidavit and swear 52&53Vict c.63,s3.Use of Chinese expressions in Ordinance Meaning of or otherotherwise Ordinance No.30of 1911Burden of proof where acts done without lawful execuse etc.Meaning of person in criminal Ordinances 52&53Vict .63,s.2.[cf.s.39E(12).]Rules as to gender and number 52&53Vict c63,s1. Effect of notices of Gazette. Ordinance No. 2 of 1889. Application of fees, fines and forfeitures. Definitions. Governor. 52 & 53 Vict. C. 63, s. 18 (6). Governor in Council. Officer administering the Government. Secretary of State. [s. 39 contd.] Crown Agents. Admiralty. 52 & 53 Vict. C. 63, s. 12 (4). Privy Council. 52 & 53 Vict. C. 63, s. 12 (5). Board of Trade. 52 & 53 Vict. C. 63, s. 12 (8). Imperial Parliament. Consul. 52 & 53 Vict. C. 63, s. 12 (20). Legislative Council. 52 & 53 Vict. c. 63, s. 18 (7). Treasury. Justice of the peace. The Colony. [s. 39 contd.] Kowloon. New Territories. New Kowloon. City of Victoria. [s. 39 contd.] Water of the Colony. Harbour. Public seal. Public office. Public officer. [s. 39 contd.] Ordinances Nos. 3 of 1888, 13 of 1886 and 6 of 1893. Officer of police, etc. Ordinance No. 11 of 1900. Medical Officer of Health. Ordinance No. 1 of 1903. Government Analyst. Ordinance No. 8 of 1986. The Gaol. [s. 39 contd.] Superintedent of Prisons. Ordinance No. 4 of 1899. United Kingdom. British Islands. 52 & 53 Vict. C. 63, s. 18 (2). British colony 52 & 53 Vict. C. 63, s. 18 (3). British India. 52 & 53 Vict. C. 63, s. 18 (4). India. 52 & 53 Vict. C. 63, s. 18 (5). High Court. 52 & 53 Vict. c. 63, s. 13 (3). [s. 39 contd.] Court of assize. 52 & 53 Vict. C. 63, s. 13 (4). Supreme Court. Probate Court. Bankruptcy court. Colonial Court of Admiralty. Court. Magistrate. Ordinance No. 3 of 1890. [s. 39 contd.] Judge. Rules of court. 52 & 53 Vict. C. 63, s. 14. Any Ordinance. Bank of England. 52 & 53 Vict. C. 63, s. 12 (18). Bank of Ireland. 52 & 53 Vict. C. 63, s.12 (19). Committed for trial 52 & 53 Vict. C. 63, s. 27. [s. 39 contd.] Definition. Enactment. Gazette. In this Ordinance, etc. Medical practitioner. Ordinance No. 1 of 1884. Month. Offence. Person. [s. 39 contd.] Per cent. Proclamation. Provided, etc. Solicitor. Ordinance No. 1 of 1871. Statute, etc. Statutory declaration. 5 & 6 Will. 4, c. 62. Ordinance No. 8 of 1893. Treaty. Will. Year. Years of age. Extent of power to regulations. 52 & 53 Vict. C. 63, s. 32 (3). Meaning of regulations. Publication and effect. Other documents. Powers of Governor in Council over regulations. Forms in repealed Ordinances. Coming into operation of proclamations. Extent of power to issue proclamations. Signification of orders of the Governor. Application of certain previous sections. Interfering with public officers. Protection of public officers acting under authority of enactment. [ef. No. 1 of 1903, s. 270.] Citation of Imperial Acts. 52 & 53 Vict. C. 63, s. 35.

https://oelawhk.lib.hku.hk/items/show/1254

1923

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