THE REVISED EDITION OF THE LAWS ORDINANCE

THE REVISED EDITION OF THE LAWS ORDINANCE

THE REVISED EDITION OF THE LAWS

ORDINANCE, 1948.

(ORDINANCE 20 OF 1948)

Tomake provislon for the preparatio7t and publication o
a revised edition of the law of the Colony.

[4th June, 1948.]

1. This Ordinance may be cited as the Revised
Edition of the Laws Ordinance.

2. In this Ordinance-
'commissioners' means the persons appointed under
section 3 ;
'Mililitary Proclamation' means a proclamation. of the
British Military Administration and any order, rules or
regulations made thereunder;
'revised edition of Ordinandes' means the revised edition
of the Ordinances of the Colony to be,prepared under
the authority of this Ordinance;
'revised edition of subsidiary legislation' means the revised
edition of proclamations, rules, regulations, by-laws
and other forms of subsidiary legislation of the Colony
to be prepared und-lr the authority of this Ordinance.

3. (1) John Bowes Griffin, K.c., Attorney General,
George Edward Strickland, Solicitor General, Henrique
Alberto de Barros Botellio, Assistant Crown Solicitor, and
Edward Hardwicke Sainsbury, Assistant Grown Solicitor,
are hereby appointed commissioners who shall prepare a
revised edition of Ordinances and a revised edition of sub-
sidiary legislation in the Colony.

(2) If the number of commissioners present at one,
time in the Colony and able to act falls below two, the
Governor may appoint some other fit and proper persons
not exceeding two to be commissioners in the stead of the
commissioners who are absent or unable to act.

4. In the preparation of the revised edition of Ordin-
ances the commissioners shall have power-





(a) to omit-
(i) all Ordinances, or parts of Ordinances,
Military Proclamations, or parts of Military Pro-
clamations, which have been expressly and speci-
fically repealed or which have expired, or have
become spent or have had their effect;
(5) all repealing enactments contained in
Ordinances or Military Proclamations and also all
tables and lists -of repealed enactments, whether
contained in Schedules or, otherwise;
(iii) all enactments prescribing the date when an
Ordinance or part of an Ordinance or Military
Proclamation or part of a Military Proclamation
is to come into operation, where such omission can
in the opinion of the commissioners conveniently
be made;
(iv) all amending Ordinances or Military Pro-
clamations or parts thereof where the amendments
effected thereby have been embodied by the com-
missioners in the Ordinance to which they relate;
(v) all enacting clauses;
(vi) any parts of an Ordinance or Military Pro-
clamation which can more cori'veniently be included
as rules, regulations or by-laws made under the
Ordinance or under any other Ordinance;
(b)to adopt a convenient standard form in all Ordin-
ances for-
(i) the interpretation section
(ii) any penal section;
(iii) any section giving power to make rules,
regulations or by-laws;
(e)to consolidate into one Ordinance any two or more
Ordinances or two or more Military Proclamations
or any number of Ordinances and Military Pro-
clamations in pari materia, making the alterations
thereby rendered necessary and affixing such date
thereto as may seem most convenient;
(d) to alter the order of sections in any Ordinances;
(e)to renumber the sections in any Ordinance in all
cases where it may be necessary so to do;





to alter the form or arrangement of any section,
transferring words, by combining it in whole or
in part with another section or other sections or
by dividing it into two or more subsections;
(g)to transfer any enactment contained in an
Ordinance or Military Proclamation from such
Ordinance or Military Proclamation to any other
Ordinance to which that enactment more properly
belongs, making the alterations thereby rendered
necessary;
(h) to divide Ordinances into parts or divisions;.
(i)to add a short title to any Ordinance which may
require it or to alter the short title of any Ordin-
ance;
to supply or alter tables of contents and marginal
notes;
(k)to correct grammatical, typographical, and similar
errors in the ekisting copies of Ordi.nances or
Military Proclamations and for that purpose to
make verbal additions, omissions, or alterations not
afiecting the meaning of any Ordinance or Military
Proclamation;
(1)to correct references to repealed enactments by
replacing such references by references to the
substituted enactments, for which purpose it is
declared that an enactment is deemed to be sub-
stituted for another enactment where it is expressly
stated in the subsequent enactment that it is so
substituted, or where the subsequent enactment re-
enacts with or without modification any provisions
of a repealed enactment;
(m)to make such formal alterations as to names, local-
ities, departments, offices and officers and otherwise
as may be necessary to bring any Ordinances or
Military Proclamations into conformity with the
circumstances of the Colony;
(n)to recast in the form of an Ordinance., making the
alteration.s thereby rendered necessary, any Military
Proclamation or part thereof which is still in force
and which cannot be more conveniently dealt with
under the foregoing powers or under section 9;
and to do all things relating to form and method which
may be necessary for the perfecting of the revised edition.





5. (1) The commissioners shall omit from the revised
edition of Ordinances the Ordinances specified in the First
Schedule : Provided that, anything in this Ordinance to
the contrary notwithstanding the said Ordinances shall
remain in force until the same shall have been expressly
repealed or shall have expired or become spent or had their
effect.

(2) At any time before the revised edition of Ordin-
ances is approved in pursuance of section 7, the Governor
may by proclamation make any amendment to the First
Schedule.

(3) For the purpose of subsection (i) the expression
'Ordinances' shall Include 'Military Proclamations'.

6. (1) If the commissioners consider it is desirable
that in the prepa ration of the revised edition of Ordinances
there should be omissions, amendments or additions other
than those authorized by section 4, the same may be col-
lected and submitted to Legislative Council in the form
of one or more Ordinances.

(2) If Such Ordinance or Ordinances are enacted prior
to the passing of the resolution mentioned in section
then-
(a)the commissioners shall in the preparation of the
revised edition give the like effect to such onlis-
sions, amendments or additions as if they had been
authorized by section 4; and
(b)if as a result of any such omission, amendment or
addition any Ordinance or part thereof or Military
Proclamation or part thereof has been repealed or
has expired or become spent or had its effect, such
Ordinance or part or Military Proclamation or part
shall be omitted from the revised edition.

(3) Subject to section 5 and to subsection (2) Of this
section the commissioners shall include in the revised edition
of Ordinances all unrepealed Ordinances enacted. until and
including the ist day of September, 1950.

7. (1) Upon the passing of a resolution of the
Legislative Council authorizing him so to do, the Governor
may, by proclamation, order that the revised edition of





Ordinances shall come into force on such date as he may
think fit.

(2) From the date named in the said proclamation the
revised edition of Ordinances shall be deemed to be and
shall be without any question whatsoever the sole and only
proper Statute Book of the Colony in respect of-
(a)unrepealed Ordinances enacted until and including
the 1st day of September, 1950, subject to tile
provisions of sections; and
(b)any Ordinances or parts of Ordinances included in
exercise of the powers conferred by subsections (i)
and (2) of section 6.

8. All proclamations, rules, regulations, by-laws and
other forms of subsidiary legislation made under any law
included in the revised edition of Ordinances, and in force
at the date when that revised edition conies into force,
shall continue in force until otherwise provided; and any
reference in any such proclamation, rule, regulation, by-
law, or other iorm of subsidiary legislation, to the law
under which it is made, or to any part thereof, or to any
other enactment, shall, where necessary and practicable, be
construed as a reference to the corresponding provision in
the revised edition of Ordinances.

9. (1) In the preparation of the revised edition of
subsidiary legislation, the commissioners shall have the like
powers to do all things as are conferred upon them by this
Ordinance in respect of the revised edition of Ordinances :
Provided that the power conferred by section 6 shall be
inapplicable and that if the commissioners consider that it
is desirable that in the preparation of the revised edition
of subsidiary legislation there should be amendments,
omissions or additions not authorized under the power pre-
viously conferred by this section, and in particular that any
Nklilitary Proclamation which is still in force and required
or any part thereof should be recast in the form of enact-
ment considered suitable by the commissioners and sub-
mitted by them to the authority having under the law of
the Colony power to enact the same, they shall act accord-
ingly.





(2) The commissioners shall also have power to include
in the revised edition of subsidiary legislation any part of
an Ordinance or Military Proclamation omitted pursuant to
sub-paragraph (vi) of paragraph (a) of section 4.

(3) Subject to subsection (I) of section io the commis-
sioners shall include in the revised edition of subsidiary
legislation all unrepealed subsidiary legislation enacted
until and including such date as the Governor shall specify
by notice in the Gazette or which was enacted after sub-
mission by the commissioners under the proviso to sub-
section (1) of this section.'

10. (1) The commissioners shall omit from the revised
edition of subsidiary legislation, all subsidiary legislation
enacted under the Ordinances mentioned in the First
Schedule and the subsidiary legislation mentioned in the.
Second Schedule: Provided that, anything in this Ordin-
ance to the contrary notwithstanding, the said subsidiary
legislation shall remain in force until the same shall have
been expressly repealed or shall have expired or become
spent or had effect.

(2) At any time before the revised edition of subsidiary
legislation is approved in pursuance of section II the
Governor may by proclamation, make any amendment to
the Second Schedule.

(3) For the purpose of subsection (i) of this section
the expression 'Ordinances' shall include 'Military Pro-
clamations'.

11. (1) The Governor may, by proclamation, order
that the revised edition of subsidiary legislation shall conic
into force on such date as he may think fit.

(2) From the date named in the said proclamation the
revised edition of subsidiary legislation shall be deemed to
be and shall be without any question whatsoever the sole
and only proper Statute Book of the Colony in respect
of-
(a)unrepealed subsidiary legislation enacted until and
including the date specified by the Governor by
notice under subsection (3) of section 9, subject to
the provisions of section 10; and





(b)subsidiary legislation enacted after submission by
the commissioners under subsection (2) of section
9.

12. The revised edition of Ordinances may also contain
a reprint of such Imperial Statutes, Orders in Council,
Letters Patent, Royal Instructions, Treaties, Conventions
and other instruments as the commissioners consider useful
to include.

13. Wherever in any enactment or in any document
of whatever kind, any reference is made to any enactment
affected by or under the operation of this Ordinance, the
reference shall, where necessary and practicable, be con-
strued as ' a reference to the corresponding enactment in the
revised edition of Ordinances or the revised edition of sub-
sidiay legislation.

14. One copy of each volume of the revised edition
of Ordinances and the revised edition of subsidiary legisla-
tion shall, by order of the Governor in that behalf be sealed
with the Public Seal of the Colony and transmitted to the
Registrar of the Supreme Court for record.

15. (1) Copies of the revised edition shall be distributed
among such persons, officers, departments and. institutions
as the Governor may direct.

(2) There shall be offered to the public such number
of copies at such price as the Governor may direct.

16. The Governor may, by warrant addressed to the
Accountant General, direct the payment of all expenses of
and incidental to the preparation, publication, distribution
and sale of the revised edition.

17. This Ordinance, as amended by the Revised
Edition of the Laws (Amendment) Ordinance, 1950, and
by the Revised Edition of the Laws (Amendment) (No.
2) Ordinance, 1950, shall be printed at the commencement
of the revised edition of Ordinances.
1950 vol 1 20 1950 vol 1 21 20 of 1948. 4 of 1950. 23 of 1950. Short title. Interpretation. 4 of 1950, s. 2. 23 of 1950, s. 2. 4 of 1950, s. 2. 23 of 1950, s. 2. Appointment of commissioners. Power of commissioners. [s. 4 cont.] 4 of 1950, s. 3. Omission of certain Ordinances from the revised edition. First Schedule. 4 of 1950, s. 4. Mode of dealing with amendments, etc., unauthorized under section 4. 23 of 1950, s. 3. Bringing of revised edition of Ordinances into force. 23 of 1950, s. 4. Saving of existing subsidiary legislation. Subsidiary legislation. [s. 9 cont.] 23 of 1950, s. 5. Omissions of certain subsidiary legislation from the revised edition. Second Schedule. 4 of 1950, s. 8. Bringing revised edition of subsidiary legislation into force. 23 of 1950, s. 6. Complementary matter in revised edition. Construction of references to repealed or amended anactments. Copies to be signed and deposited. Distribution of copies of revised edition. Expenses of preparation and publication. Place of this Ordinance in the new edition. 23 of 1950, s. 7. (4 of 1950.) (23 of 1950.)

20 of 1948. 4 of 1950. 23 of 1950. Short title. Interpretation. 4 of 1950, s. 2. 23 of 1950, s. 2. 4 of 1950, s. 2. 23 of 1950, s. 2. Appointment of commissioners. Power of commissioners. [s. 4 cont.] 4 of 1950, s. 3. Omission of certain Ordinances from the revised edition. First Schedule. 4 of 1950, s. 4. Mode of dealing with amendments, etc., unauthorized under section 4. 23 of 1950, s. 3. Bringing of revised edition of Ordinances into force. 23 of 1950, s. 4. Saving of existing subsidiary legislation. Subsidiary legislation. [s. 9 cont.] 23 of 1950, s. 5. Omissions of certain subsidiary legislation from the revised edition. Second Schedule. 4 of 1950, s. 8. Bringing revised edition of subsidiary legislation into force. 23 of 1950, s. 6. Complementary matter in revised edition. Construction of references to repealed or amended anactments. Copies to be signed and deposited. Distribution of copies of revised edition. Expenses of preparation and publication. Place of this Ordinance in the new edition. 23 of 1950, s. 7. (4 of 1950.) (23 of 1950.)

https://oelawhk.lib.hku.hk/items/show/1632

1950

v1

9