INTERPRETATION ORDINANCE
Title
INTERPRETATION ORDINANCE
Description
CHAPTER 1.
INTERPRETATION ORDINANCE.
ARRANGEMENT OF SECTIONS.
Section Page
1. Short title ............................. ... ... ... ... ... 99
2. Application .....................---.. ... ... ... ... ... 99
Part L-GENERAL PROVISIONS OF
INTERPRETATION.
3. (1) Interpretation of certain words and expressions ... ... 99
(2) Interpretation of 'British Colony' in future enactments
and revised edition ................... ... ... ... ... ... 107
(3) Definition to apply to grammatical variations and
cognate expressions .................... ... ... ... ... 107
(4) Reference to Government property .. ... ... ... ... 107
(5) Provisions for gender and number .. ... ... ... ... 107
(6) Meaning of service by post . ......... ... ... ... ... 107
(7) Provision for Chinese terms .......... ... ... ... 108
(8) Reference to time ... ... ... ... ... ... ... ... ... 108
(9) The Sovereign ... ... ... ... ... ... ... ... ... ... 108
(10) Reference to an officer and change of title ... ... ... 108
(11) Expressions denoting distance ... ... ... ... ... ... 109
(12) Computation of days ... ... ... ... ... ... ... ... 109
(13) Provision where no time prescribed ... ... ... ... 109
(14) Enactments, when binding on the Crown ... ... ... 109
Part II-ENACTMENTS.
(Character- Citation -Reference- Commencement.)
4. Ordinances to be public Ordinances ... ... ... ... ... ... 109
5. Sections to be substantive enactments ... ... ... ... ... 109
6. Schedules, etc. to be part of Ordinances ... ... ... ... ... 109
7. (1) Citation of and in enactments and references thereto 109
(2) Amendments ... ... ... ... ... ... ... ... ... ... 109
(3) Reference to the number of a line ... ... ... ... ... 110
(4) Construction of citation of a portion of an enactment 110
(5) (a) Construction in an Ordinance of references to
sections, etc . ..................... ... ... ... ... 110
(b) Construction in a section of reference to sub-
sections and paragraphs ............. ... ... ... 110
(c) Construction to apply to other enactments ... . ... 110
8. Coming into operation of enactments, etc. ... ... ... ... 110
Part III-REPEAL, AMENDMENT AND
DISALLOWANCE.
9. Repeal and substitution, effect thereof ... ... ... ... ...
10. Effect of repeal generally ... ... ... ... ... ... ... ...
11. Repeal of Ordinances ... ... ... ... ... ...
12. Enactment and amending enactment to be read as one, etc. 112
13. Disallowance ... ... ... ... ... .... ... ... . ... ... ... 112
Part IV-REGULATIONS AND INSTRUMENTS.
Section Page
14. Regulations ............................ ... ... ... ... 112
15. Construction of general penalties clause regarding regulations 114
16. Extent of power to make public instruments ... ... 114
17. Deviation in forms ..................... ... ... ... ... ... 114
Part V-PROVISION AS TO POWERS.
18. Exercise of powers between passing and commencement of
enactment ............................. ... 115
19. Construction of i~ovisions**as'*t*o *e*~ercise. of powers, etc. 115
20. Power to appoint includes power to suspend or remove 115
21. Power to fill vacancy temporarily ...... ... ... ... ... 115
22. Power to appoint chairman .............. ... ... ... ... 116
23. Power to appoint by name or by official designation ... 116
24. Effect of defining office to include deputy or assistant 116
25. Construction of enabling words ......... ... ... ... ... 117
26. Power of Governor to delegate authority ... ... ... 117
27. Delegation not to preclude exercise of powers by officer
delegating same ............................ ... ... ... ... 117
28. Power of majority ...................... ... ... ... ... ... 117
29. Signification of orders of the Governor and Governor in
Council ............................... ... ... ... ... ... 118
Part VI-PROVISION AS TO OFFENCES,
PENALTIES, FINES, FEES AND FORFEITURES.
30. Attempt to commit an offence to be deemed an offence 118
31. Provision as to offences under two or more laws ... 118
32. Penalties prescribed to be maximum penalties ... ... 118
33. Penalty at end of enactment or part, effect thereof ... 119
34. Offences to be punishable upon summary conviction except
in certain cases ....................... ... ... ... ... ... 119
35. Punishment of misdemeanor where punishment not otherwise
specified 119
36. Certain penalties may be cumulative .... 119
37. Disposal of fines and penalties ........ ... ... 119
38. Disposal of forfeits ................... ... ... ... 119
39. Imposition of penalty not to bar civil action 120
40. Reduction, variation, remission, and application of fees a~j
charges ................................ ... ... ... ... ... 120
41. Remission of penalties ................. ... ... ... ... ... 120
Part VIL-PROVISIONS AS TO ADMINISTRATIVE
APPEALS.
42. Administrative appeals ................. ... ... ... ... ... 120
Part VIIL-IMPERIAL ENACTMENTS.
43. Application of Act to the Colony to be read with such
modifications as necessary to make it applicable ... 121
44. Construction of reference to imperial enactment or part
thereof ................................ ... ... ... ... ... 121
45. Citation of imperial statutes .......... ... ... ... ... ... 121
SCHEDULES.
FIRST SCHEDULE-Boundaries of City of Victoria.
SECOND SCREDULE-Boundaries of the Colony.
THIRD SCHEDULE-Boundaries of the Harbour.
CHAPTER 1.
INTERPRETATION. ........
To amend and consolidate the law relating to the construc-
tion and inferpre ta tion of the law and to make better
provision for the interpretation of the terminology
employed therein and for matters incidental thereto.
[1st September, 1950.]
1. This Ordinance may be cited as the Interpretation
Ordinance.
2. (1) Save where the contrary intention appears
either from this Ordinance or from the context of any enact-
ment or instrument, the provisions of this Ordinance shall
apply and shall apply only to this Ordinance and to all
enactments now or hereafter in force made by competent
authority in the Colony and to any instrument made or
issued under or by virtue of any such enactment.
(2) This Ordinance shall be binding on the Crown.
PART I.
GENERAL PROVISIONS OF INTERPRETATION.
3. (1) 'act' used with reference to an offence or civil
wrong, includes a series of acts, and words which refer
to acts done extend to illegal omissions,.
'Act' or 'Statute' means an Act or Statute of the Imperial
Parliament;
'Admiralty' or '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;
'amend' includes repeal, add to or vary and the doing
of all or two or more of such things simultaneously
or by the same instrument;
'any enactment' or 'any Ordinance' includes any enact-
merit or any Ordinance, 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;
'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;
'British possession' means any part of His Majesty's
dominions exclusive of the United ECingdom ; 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 ;
'Christian name' means any name prefixed to a surname,
whether received in Christian baptism or otherwise;
'City of Victoria' or '~7ictoria'~ means the area within
' the boundaries specified in the First Schedule;
'Clerk of Councils' means the person appointed by the
Governor to be Clerk to the Executive Council and
the Legislative Council and includes any person
appointed by the Governor to be Deputy Clerk of
Councils;
'Colony' or 'Hong Kong' means the whole area of land
and the whole area of Deep Bay *and Mirs Bay lying
within the boundaries specified in the Second Schedule,
together with the territorial waters appertaining thereto
'Colonial Secretary', includes. Deputy Colonial Secretary;
'commencement', when used with reference to any enact-
ment, shall mean the day on which the enactment
comes into operation;
'Commissioner of Prisons' means the person appointed to
that office under any enactment relating to prisons;
'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;
Commonwealth' means collectively the United Kingdom,
any British possession, the Republic of India, any state
or territory under His Majesty's protection and any
mandated or trust territory;
'consul' and 'consular officer' include consul-general,
consul, vice-consul, consular agent and any person for
the time bein- authorized to discharge the duties of
consul-gencral, consul or vice-consul;
'contravene' in relation to any requirement or condition
prescribed in any enactment or in any permit, licence
or audiority granted under any enactment includes a
failure to cornply with that requirement or condition;
'Court' or '~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 enact-
inent shall be exercised only by the Supreme Court;
'Crown Agents' ineans the person or persons for the time
being acting as ;Crown Agents for the -Colonies in
England, or any one of them;
-daily penalty' means a penalty for each day on which
an offence is continued after conviction therefor;
'definition' means the interpretation given by an enactment
to words or expressions;
Itenactment' means any provision made by competent
authority, in the Colony having the force of law and
any part of such provision;
'financial Secretarv' includes Deputy Financial Secretary;
'financial year' means the twelve months ending on the
31st day of March in any year;
'Gazette' means the Hong Kong Government Gazette and
any Supplement thereto, and includes the Hong Kong
(British Military Administration) Gazette published on
or between the 12th day of October, 1945 and the ist
day of May, 1946;
'Government' means the,Government of Hong Kong;
'Government Chemist' includes any chemist appointed by
the Governor under the Adulterated Food and Drugs
Ordinance;
'Government Printer' means the Government Printer of
the Colony, and includes any printer purporting to be
the printer authorized by Government to print enact-
ments;
'Governor' rneans the Governor of Hong Kong and
includes the officer for the time' being administering the
Government and also includes the Governor's Deptity
exercising any power which he is duly appointed to
exercise under the Royal Letters Patent constituting
the office of Governor and Commander-in-Chief of the
Colony of Hong Kong and its Dependencies, but
where the Governor of Hong Kong is not intended,
'Governor' means, in respect of any Dominion, the
Governor General and includes any person who for
the time being has the power of the Governor General,
and as respects any other British possession, territory
under the protection of His Majesty or any mandated
or trust territory, means the Governor or Administra-
tor of that possession or territory and includes the officer
for the time being administering the Government of
that possession or territory;
'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 accordance
with such advice nor necessarily in such Council
assembled;
'Harbour' means the harbour of Victoria and includes the
waters of the Colony within the boundaries specified in
the Third Schedule;
'Health Officer' includes the Deputy Director of Health
Services, any medical officer appointed as a health
officer by the Governor, any veterinary officer and any,
officer for the time being performing the duties of a
health officer or veterinary' officer under any enactment;
'imperial enactment' means any enactment made by com-
petent authority in the United Kingdom and includes
an Order in Council.
'Imperial Parliament' and 'Parliament' mean the
Parliament of the United Kingdom;
'imprisonment' shall import imprisonment with hard
labour save in respect of imprisonment under any enact-
ment for not providing sureties : Provided that save
where a court or magistrate otherwise orders, a term
of imprisonment for less than two years shall import
imprisonment without hard labour;
'judge' means any judge of the Supreme Court, and
where any civil jurisdiction is required to be exercised
by a judge, such jurisdiction, if it is not otherwise
expressed, shall be exercisable by a judge sitting in
chambers;
'justice' or 'justice of the peace' means a person
appointed by the Governor to be a justice of the peace
for the Colony;
'Kowloon' means that portion of the peninsula of Kau-
lung which was ceded to Great Britain by the Emperor
of China on the 24th day of October, i86o;
'magistrate' includes marine magistrates and two justices
of the peace sitting together, to whom subsection (2)
of section 7 of the Magistrates Ordinance, applies;
'mandated territory' means a territory administered by the
government of any part of His Majesty's dominions
in accordance with a mandate from the League of
Nations;
'medical practitioner', or any words importing a person
recognized at law as a practitioner in medicine or
surgery or as a member of any branch of the medical
profession, means a medical practitioner duly registered
or deemed to be a medical practitioner under the
Medical Registration Ordinance;
'month' means calendar month;
'New Kowloon' means that portion of the New Territories
which is delineated in red and shown upon a plan
marked 'New Kowloon' dated the 8th day of Decem-
ber, 1937, signed by the Director of Public Works,
countersigned by the Governor and deposited in the
Land Office;
'New Territories' means the additional territories leased to
Great Britain by the Emperor of China under the Con-
vention dated the 9th day of June, 1898;
'lo.-th' or 'affidavit' includes, in the cases of persons
allowed or required by law to affirm instead of swear-
ing, affirmation; and 'swear', in the like cases,
includes affirm;
'occupy' includes use, inhabit, be in possession of or
enjoy the prem;ses in respect whereof the word is used,
otherwise than as a mere servant and for the mere
purpose of the care, custody and charge thereof -,
'offence' means any crime, misdemeanor, contravention or
other breach of the law for which a penalty is provided;
'officer administering, the Government' means the officer
who succeeds to or is appointed to the administration
of the Government of the Colony;
'or', 'other' and 'otherwise' shall be construed disjunc-
tively and not as implying similarity, unless the word
'similar' or some other word of like meaning is added;
'Order in Council' means an Order made by His Majesty
in His Privy Council;
per cent', when used in relation to a rate of nterest
payable in any circumstances, means the rate of interest
specified payable in respect of a year, unI ess it is
expressly provided that it is payable in respect of ans,
other period;
'person' includes any body of persons corporate ot,
unincorporate and this interpretation shall appI ' v not-
withstanding that the word 'person' occurs in a pio-
vision creating or relating to an offence or for the
recovery of any fine or any compensation ;
'personal name' means the names other than a surname
which a person most commonly adopts ir, conjunction
with his surname or, in the case of a person having
no surname, the names which he commonly adopts;
'pier' includes every pier, wharf or jetty of whatever des-
cription and any vessel, hulk, pontoon or other struc-
ture, fixed or floating, connected to and having direct
access to the shore, and used or intended to be used
for the purposes of a pier or wharf;
'police officer' and terms or expressions referring to ranks
in the Police Force shall bear the meanings respectively
assigned to them by the Police Force Ordinance;
'power' includes privilege, authority and discretion;
'prescribed' or 'provided' when used in reference to any
enactment means prescribed or provided by or under
such enactment;
'prison' includes any place or building or portion of a
building set apart or hereafter to be set apart for the
purpose of a prison under any Ordinance relating to
prisons;
'Privy Council' means the Lords and others for the time
being of His Majesty's Most Honourable Privy
Council ;
'property' includes money, goods,. thoses in action, land
and every description of property, whether real or
personal; also obligations, easements and every des-
cription of estate, interest and profit, present or future,
vested or contingent, arising out of or incident to pro-
perty as above defined;
,.public body' rneans any executive, legislative, municipal
or urban council, any Government department or under-
taking, any local or public authority or undertaking,
any
board, commission, committee or other body,
whether paid or. unpaid, which is invested with o'r is
pei-forming, whether permanently or temporarily, duties
af a public nature:
'public office' means any office or employment the holding
or discharging of which by a person would constitute
hirn a public officer;
'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 derived from
the revenues of the Colony and any employee or
member of a public body, whether temporary or per-
manent and whether paid or unpaid and any justice
of the peace;
'public place' includes every public highway, street, road,
square, Court, alley, lane, bridlewav, footway, parade,
wharf, jetty, quay, bridge, public garden or open space,
and every 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 access;
-public seal' means the public seal of the Colony;
'registered', used with reference to a document, means
registered under the provisions of the enadtment
applicable to the registration of such document;
',regulations' includes rules, rules of court and by-laws;
,'repeal' includes rescind, revoke, cancel or replace;
'rules of court' means, 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;
'Secretary of State' means His Majesty's Principal Secre-
tary of State for the Colonies unless another Secretary
of State is indicated;
'sell' includes exchange and barter;
'sign' includes in the case of a person unable to write
the making of a mark or the affixing of a chop;
,,solicitor' means a person admitted to practise as a solicitor
before the Supreme Court;
'standard time' means the mean time.of the 12oth meridian
east of Greenwich;
'statutory declaration' if made
(a)in the Colony means a declaration under the
Statutory Declarations Ordinance;
(b)in any part of the Commonwealth except the
Colony means a declaration made before a justice
of the peace, notary public, or other person having
authority therein under any legal provision for the
time being in force in such part to take or receive
a declaration ;
(c)in any other place, means a declaration before a
British Consul or person having authPrity under
any Act for the time being in force to take or
receive a declaration;
'street' or 'road' includes any highway, street, road,
bridge, thoroughfare, parade, square, court, alley, lanc,
bridleway, footway, passage, or open place whether
situate on land leased from the Crown ot. not, used or
frequented by the public, or to which the public have
or are permitted to have access;
'summary conviction' means summary conviction by a
magistrate in accordance with the procedure prescribed
by the Magistrates Ordinance;
'Supreme Court' means the Supreme Court of Flong
Kong;
'surname' includes a clan or family narne;
'treaty' means a treaty, convention or agreenlent made
with a foreign state, together with protocols or declara-
tions attached thereto, or independent thereof but
referring thereto;
'trust territory' means a territory administered by the
government of any part of His Majesty's dominions
under the trusteeship system of the United Nations;
'United Kingdom' means the United Kingdom of Great
Britain and Northern Ireland;
'waters of the Colony' or 'Colonial waters' means all
waters whether navigable or not included within the
Colony and includes territorial waters;
'will' includes any testamentary instrument;
'writing' or 'printing' shall include 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 typing. Nothing in this definition shall be
taken to apply to signatures;
'year' means a year according to the Gregorian calendar;
years of age' or words of a like meaning, when used
in reterence to the age of any person, means years
according to English reckoning.
(2) In any such enactment as is mentioned in section
2 coming into operation after the commencement of this
Ordinance or contained in the revised edition of Ordinances
or the revised edition of subsidiary legislation prepared
under the authority of the Revised Edition of the Laws
Ordinance, 1948, and in any instrument issued thereunder-
'British Colony' or 'Colony' shall not include a self-
governing member of the Commonwealth;
'India' and 'Pakistan' shall mean respectively India and
Pakistan as constituted upon the commencement of this
Ordinance, and shall include any state from time to time
incorporated in India and Pakistan respectively.
(3) Whenever a definition has been given by this or
any other enactment to words or expressions the gram-
matical variations and cognate expressions of such definition
shall also apply to such enactment and such definition and
its grammatical variations and cognate expressions shall also
apply to any enactment or instrument made or issued under
or by virtue thereof.
(4) Whenever any reference is made to property and
the expressions used in relation thereto imply that such
property is owned by or belongs to the Government or
convey a similar meaning such reference shall be deemed
to refer to such of the property of the Crown of the descrip-
tion mentioned as has by or with the consent of His
Majesty express or implied been appropriated to the use
of the Government.
(s)(a) Words importing the masculine gender include
females.
(b)Words in the singular include the plural and vice
versa.
(6) Where any enactment authorizes or requires any
document to be served by post, whether the expression
'serve' or 'give' or 'send' or any other expression is
used the service shall be deemed to be effected by properly
addressing, preparing 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 course of post.
(7) Chinese words or terms whether in Chinese charac-
ters or not and whether in apposition or not to English
words shall be deemed to form part of any enactment in
which they appear and shall be construed according to
Chinese language and custom.
(8)(a) Whenever any expression of time occurs in
any enactment or instrument, the time referred to
shall be held to be standard time.
(b)The expression 'a.m.' indicates the period between
midnight and the following noon; and the expres-
sion 'p.m.' indicates the period between noon and
the following midnight and where two such
expressions occur conjunctively in relation to any
specified hours, or in conjunction with the words
'sunset' or 'sunrise', they shall be construed as
relating to a consecutive period of time.
(9) Reference to the Sovereign or to the Crown shall
be construed as reference to the Sovereign for the time
being.
(10) A public officer or department may be referred to
by the term designating such office or department as
appearing in any enactment or in any provision made by
Legislative Council for the payment of the emoluments of
such office or the expenses of such department or by any
style authorized by the Governor under the proviso herein-
after contained and any reference to a public officer includes
the person for the tinie being executing the duties of such
office and a person appointed to perform any portion of
such duties: Provided that if the Governor considers it
expedient that there should be a change in the style of any
public office or department he may by notice in the Gazette
declare that such change of style shall take effect from a
date specified in such notice, and provided further that
whenever a change in the style of an office or department.
occurs whether by virtue of such notice or in any other
lawful manner any reference to such former style shall be
read and construed as a reference to that office or depart-
ment, as the case may be, by such new style.
(11) Any word or expression. denoting distance shall
denote distance measured in a straight line on a horizontal
plane.
(12) In computing a period of days from the happen-
ing of an event for the doing of any act or thing there
shall be excluded the day on which the event happens or
die act or thing is done and, if the period is less than
six days, any general holiday within such period.
(13) A prescribed act or thing shall, if no time is pres-
cribed, be done with all convenient speed and as often as
the prescribed occasion arises.
(14) No enactment shall be binding on the Crown
unless it appears expressly or by necessary implication that
the Crown shall be bound thereby.
PART II.
ENACTIMENTS.
(Character-Citation-Reference-Commencemeitt.)
4. Every Ordinance shall be a public Ordinance, and
shall be judicially noticed as such
5. Every section of an Ordinance shall have effect as
a substantive enactment without introductory words.
6. Every Schedule to or Table in any Ordinance
shall, together with any notes thereto, be construed and
have effect as part of the Ordinance.
7. (1) When any enactment is referred to it shall be
sufficient for all purposes to cite such enactment by the
short title thereof: Provided that in the case of an Ordin-
ance it shall be sufficient either to cite the same by the
year in which it was made and its number among the
Ordinances of that year or, in the case of a revised edition
of.Ordinances issued under theRevised Edition of the Laws
Ordinance, 1948, by its short title or chapter number; and
the reference may in all cases be made according to the
copies of enactments printed by the Government Printer.
(2) A reference in an enactment to another includes a
reference to such last-mentioned enactment as the same may
from time to time be amended and to any enactment sub-
stituted therefor.
(3) A reference in any enactment to the number of a
line of any section or other part of an enactment means such
line in the latest official copy printed by the Government
Printer of such enactment at the time of the passing, making
or issue of the enactment containing the reference.
(4) In any enactment a description or citation of a
portion of an enactment, including any imperial enactment
applicable to Hong Kong, shall be construed as including
the word, section or other part, mentioned or referred to as
forming the beginning and as forming the end of the portion
comprised in the description or citation.
(5)(a) 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
occurs.
(b)Where in any section of any Ordinance there is a
reference to a subsection or paragraph by number
or letter only and not in conjunction with the
number of any section of that or of any other
Ordinance, such reference shall be construed as a
reference to the subsection or paragraph of that
number or letter contained in the section in which
such reference occurs.
(c)The provisions of this subsection shall apply
mutatis mutandis to other enactments and to instru-
ments issued under or by virtue thereof.
8. (1) Any enactment, or instrument issued under or
by virtue of any enactment, which is expressed to come
into operation on a particular day shall come into operation
on the expiration of the previous day.
(2) Any enactment or instrument published in the
Gazette shall come into operation on its publication in the
Gazette.
PART Ill.
REPEAL? AMENDMENT AND DiSALLOWANCE.
9. (1) Where any enactment repeals any former
enactment and substitutes other provisions therefor, the
repealed etiactment shall remain in force until the substituted
provisions come into operation.
(2) Where any enactment is declared to be made by
way of replacement of or substitution for another or re-enacts
another, with or without modification, the enactments and
instruments made or prescribed by or under the earlier
enactment shall remain in force so far as they are not
inconsistent with such later enactment and be deemed for
all purposes (including pernalties) to have been made or
prescribed thereby and to be liable to amendment thereby
or thereunder .
10. The repeal of any enactment shall not-
(a)revive anything not in force or existing at the time
at which the repeal takes effect; or
(b)affect the previous operation of any enactment so
repealed, or anything duly done or suffered under
anv enactment so repealed; or
(c)affect any right, privilege, obligation or liability
acquired, accrued or incurred tinder 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
ffiaffect any investigation, legal proceeding or remedy
in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as afore-
said; 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 enactment had not
been passed.
11. When any enactment which repeals any earlier
enactinent is itself repealed, such last repeal shall not be
construed as reviving the enactment previously repealed.
12. Any enactment which amends another enactment
shall be read and construed as one with the amended enact-
ment, and the amended enactment may in the amending
enactment be referred to as the principal enactment, that
is to say, may be referred to as the principal Ordinance,
regulations or as the case may be.
13. Whenever any enactment is disallowed by His
Majesty such disallowance shall be notified by the Governor
in the Gazette; from and after the date of such notifica-
tion the enactment, and all instruments thereunder, shall
cease to have effect : Provided always that the provisions
of section io 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 enactment repealed,
modified or amended by any enactment disallowed, together
with all instruments made or issued under such previous
enactment, shall revive and continue in force in their
original form as from the date of the said notification.
PART IV.
REGULATIONS AND INSTRUMENTS.
14. The foil owing provisions shall apply to regula-
tions-
(a) authority to make regulations shall include-
(i) authority to provide that a contravention
thereof shall be punishable on summary conviction
by such fine not exceeding one thousand dollars
and with imprisonment for such term not exceed-
ing six months as may be specified in the regula-
tions;
(ii) authority to arnend or suspend the regula-
tions in the same manner as they were made;
(iii) authority to amend any forms prescribed
by the enactment under which the regulations were
made and to prescribe new forms for the purpose
thereof and for the purposes of the regulations;
(b)authority to provide for fees and charges shall
include authority to provide for the reduction
waiver or refund thereof either generally or in any
particular event or case or class of case or in the
discretion of any person;
(c)regulations shall have the same force and etlect
and be as binding and shall be construed for all
purposes as if they had been contained in the
enactment under which thev were made;
(d)all regulations shall be laid on the table of the
Legislative Council at the first meeting thereof
after the publication in the Gazette of the making
of such regulations, and if a resolution be passed
at the first meeting of the Legislative Council held
after such regulations have been laid on the table
of the said Council resolving that any such regula-
tions shall be amended in any manner whatsoever,
the said regulations shall, without prejudice to any-
thing done thereunder, be deemed to be amended
as from the date of publication in the Gazette of
the passing of such resolution;
(e)if an enactment provides that the regulations shall
be subject to the approval of Legislative Council
or any other authority or contains words to the
like effect then-
(i) the regulations shall be submitted for the
approval of such authority; and
(ii) such authority shall have power to amend
or disapprove the whole or any part of the regula-
tions and may if it disapproves of them either in
whole or in part require further regulations to be
submitted for approval;
where the authority to make regulations is authority
to make regulations for any general purpose and
also for any special purposes incidental thereto, the
enumeration of the special purposes shall not be
deemed to derogate from the generality of the
powers conferred with reference to the general
purpose;
(g)a reference in the regulations to 'the Ordinance-
shall be read as meaning the Ordinance conferring
the power to make such regulations;
(h)a reference in another enactment to the enactment,
including any imperial enactment,. under which the
regulations were made shall be deemed to include
reference to the regulations.
15. (1) A provision in an Ordinance to the. effect that
any breach or contravention of regulations made or deemed
to be made or taking effect by virtue of such Ordiriance
shall constitute an offence, or prescribing punishment for
breach or contravention of such regulations, shall be deerned
to include power to prescribe by such regulations that the
contravention of any particular regulation shall or shall not
constitute an offence and to include power to prescribe. by
such regulations punishment therefor not exceeding that so
prescribed in the Ordinance for breach or contravention of
the regulations : Provided that except insofar as the power
deemed by this subsection to be included in such provision
is exercised, such provision shall be construed and take
effect as if no such power had been conferred.'
(2) Notwithstanding the provisions Of Section 2-
(a)this section shall apply to any enactment corning
into operation prior to the commencement of this
Ordinance, notwithstanding any contrary expression
in such enactment;
(b) this section shall apply to any enactment corning
into operation after the commencement of this
Ordinance, unless the operation of this section is
expressly excluded. [14A
16. Where power is given to the Governor or to the
Governor in'Council to make, issue or approve any order,
proclamation, notification, register or list, it shall include
power of amending or suspending such order, proclama
tion, notification, register or list or withdrawing approval
thereof and of declaring the date of its coming into force
and the period of its operation and also of substituting
another therefor :Provided that where any Ordinance is
to come into operation on a day to be fixed by'proclam
-tion, the power to issue such proclamation shall not in the
absence of express provision include (except in the case of
and for the purpose of correcting any mistake therein) the
power of amending or suspending the sarne. [15
17. Whenever forms are prescribed in any enactment,
slight deviations therefrom, not affecting the substance or
calculated to mislead, shall not invalidate them. [16
PART V.
PROVISION AS TO POWERS.
18. Where any enactment is not to come into opera-
tion immediately on the passing, making or issue thereof,
and confers power to make any Appointment, or* to make
or issue any regulations, or to do any other thing for the
purposes of the enactment, such power may be exercised
at any time after the enactment is passed, made or issued,
so far as may be necessary or expedient for the purpose
of bringing the enactment into operation at the date of the
commencement thereof : Provided that such power shall
be subject to the restriction that any appointment, regula-
tion, or thing, made, issued, or done, under such power
shall not, unless the appointment, regulation, or thing, is
necessary for bringing the enactment into operation, have
an), effect until the enactment comes into operation. [17
19. (1) Where any enactment confers a power or
imposes a duty, the power may be exercised and the duty
shall be performed from time to time as occasion requires.
(2) Where any enactment confers a power or imposes
a duty on the holder of an office, as such, the power may
be exercised and the duty shall be performed by the holder
for the time being of the office or by any person appointed
to act in or perform the duties of the said office for the
time being., [18
20. Where by or under any enactment a power to rnake
any appointment is conferred, the authority having powet
to mai~e the appointment shall also have power to remove,
Suspend, re-appoint or re-instate any person appointed in
exercise of the power. [19
21. Where by or under any enactment,, any powers
are conferred or any duties are imposed upon a public
officer, the Governor may direct, if from any cause the
office of such public officer is vacant or if during any period,
owing to absence or inability to act from illness or any
other cause, such public officer is unable to exercise the
powers or perform the duties of his office, that such powers
shall be had and may be exercised and such duties shall
be performed by the person named by, or by the public
officer holding the office designated by, the Governor; and
thereupon such person or public officer, during any such
period, shall have and may exercise such powers and shall
perform such duties, subject to such conditions, exceptions
and qualifications as the Governor may direct.
[20
22. Where by or under any enactment, power is given
to the Governor, or to the Governor in Council, or to any
public officer or body, to appoint any board, tribunal, com
mission, committee, or similar body, then, in the absence
of any provision to the contrary, it shall be lawful for the
Governor, or the Governor in Council, or such public officer
or body, as the case may be, to appoint a chairman of
such board, tribunal, commission, committee, or similar
body. [21
23. Where by or under any enactment, the Governor,
or the Governor in Council, or any public officer or body,
is empowered to, appoint or name a person to be a member
of any board, tribunal, commission, committee, or similar
body, or to have and exercise any powers or perform any
duties, the Governor, or the Governor in Council, or such
public officer or body, as the case may be, may either
appoint a person by name or direct the person for the time
being holding the office designated by the Governor, or
by the Governor in Council, or by such public officer or
body, as the case may be, to be a member of such board,
tribunal, commission, committee, or similar body, or to
have and exercise such powers and perform such duties;
and thereupon, or from the date specified by the Governor,
or by the Governor in Council, or by such public officer
or body, as the case may be, the person appointed by name
or the person for the time being holding such office shall
be a member of such board, tribunal, commission, com-
mittee, or similar body, or shall have and may exercise
such powers' and perform such duties accordingly. [22
24. Whenever an office - is defined as including a
deputy or assistant then subject to any instructions of the
Governor such deputy or assistant shall-
(a)during the absence or inability to act of such officer
unless and until the vacancy is filled whether tem-
Interpretation. [CAP. 1
porarily or otherwise exercise. the powers and
discretions vested in such officer and discharge the
duties required to be discharged by him; and
(b) notwithstanding that such officer is present and
able to act, exercise such powers and discretions
and discharge such duties as such officer' may
delegate.
25. Where in any enactment power is given to any,
person to do or enforce the doing of any act or thing,
all such powers shall be understood to be also given as
Cre reasonably necessary to enable the person to do or
enforce tile doing of the act or thing.
26. When by any enactment the Governor is
empowered to exercise any powers or perform any duties,
he may depute any person by name or the person for the
time being holding the office designated by him to exercise
such powers or perform such duties on his behalf, subject
to such conditions, exceptions and qualifications as the
Governor may prescribe, and thereupon or from the date
specified by the Governor the person so deputed shall have
and exercise such powers and perform such duties subject
as aforesaid : Provided that, without prejudice to the pro-
visions of any Royal Letters Patent or Royal Instructions
relating to the appointment of a Deputy to the Governor,
nothing herein contained. shall authorize the Governor to
depute any person to make regulations, issue warrants or
proclamations or to hear any appeal.
27. Where by any enactment the Governor or any
public officer is empowered to deiegate the exercise of any
the powers or the performance of any of the duties vested
in him under such enactment, no delegation made there-
under shall preclude the Governor or public officer, as the
case may be, from exercising or performing in person at
any time any of the powers ol- duties so delegated.
28. Whenever any act or thing is required by any
enactment to be done by more than two persons, a majority
of them may do it.
29. Where under any enactment the Governor or the
Governor in. Council is given power to make any regula
tions or appointment, give any directions, issue any order,
authorize any thing or matter to be done, grant any,
exemption, remit any fee or penalty, or exercise any other
power, it shall be sufficient if the exercise. of such power
be signified, in the case of the Governor, tinder the hand
of the Colonial Secretary and, in the case of the Governor
in Council, under the hand of the Clerk of Councils : Pro
vided always that the foregoing provision shall not apply,
to the power of the Governor to issue any warrants or
proclamations which shall be made or issued only tinder
the hand of the Governor himself. [28
PART VI.
PROVISION AS TO OFFENCES, PENALTIES, FINES,
FEES AND FORFEITURES.
30. A provision which constitutes or results in the
constitution of an offence shall be deemed to include a
provision that an attempt to commit such offence shall itself
constitute an offence which may be dealt with and punished
in like manner as if the offence had been committed.
31. Where any act or omission constitutes an offence
under two or more enactments, or both under an enact-
ment and under any other law, the offender shall be liable
to be prosecuted and punished under either or any of such
enactments or under such other law, but shall not be liable
to be punished twice for the same offence.
32. Whenever in or by virt ue of any enactment, a
penalty, whether of fine or imprisonment is prescribed for
an offence the same shall imply-
(a)that such offence shall be punishable upon con-
viction by a penalty not exceeding the penalty
prescribed; and
(b)if the amount of the fine is unspecified, that such
offence shall, without prejudice to any provision
of law against excessive and unreasonable fines
and assessments, be punishable by a fine of any
amount.
33. Whenever any penalty appears at the end of an
enactment or part thereof the same shall be deemed to
prescribe that any contravention of such enactment or part
shall constitute an offence punishable by a penalty not
exceeding the penalty so appearing.
3ch' A provision in an enactment which constitutes or
results in the constitution of an offence shall, unless such
offence is declared to be treason, felony or misdemeanor
or the words 'upon indictment' appear, be deemed to
include a provision that such offence shdll be punishable
npon summary conviction.
35. Whenever an offence is declared by any enactment
to be a misdemeanor and no punishment is provided there
tor and whenever no provision has been made by any
enactment for the punishment of a common law mis
demeanor the punishment for such misdemeanor, shall be
imprisonment for three years and a fine of five thousand
dollars.
36. Whenever in or by virtue of any enactment more
than one penalty is prescribed for an offence the use of the
word 'and' shall signify that the penalties may be inflicted
alternatively or cumulatively.
37. Any line or penalty imposed by or under the
authority of any enactment shall be paid into the general
revenue of the Colony :Provided that the Governor may
direct the payment to any aggrieved person, or to any
person whose information or evidence has led to the con
viction of the offender or to the recovery of the fine or
penalty, of such proportion of the fine or penalty as he
rnay think fit.
38. (1) Where under any enactment any animal or
thing is adjudged by any court or other authority to be
forfeited, it shall be forfeited to the Crown, and the net
proceeds thereof, if it is ordered by competent 'authority
to be sold, shall be paid into the general revenue of the
Colony.
(2) Nothing in this section shall affect any provision
in any enactment whereby any portion of any, fine or forfeit
or of the proceeds of any forfeit is expressed to be recover-
able by any person or may be granted by any authority
to any person.
39. The imposition of a penalty or fine by any enact-
ment shall not relieve any person from liability to answer
for damages to a person injured.
40. Any fee or charge by or under any enactment
made payable to the Crown or the Government or to any
public body or public officer, nof being a fee or . charge
which a judge lias power to regulate by rule or order of
court-
(a)may be reduced or varied by order of the Governor
in Council published in the Gazette : Provided
that any variation thereof shall not exceed the
original figure;
(b)may be remitted or refunded in whole or in part
in any particular case and on any special ground
by the Governor in Council;
(c) subject as aforesaid shall be paid into the general
revenue of the Colony.
41. It shall be lawful for the Governor to remit, in
whole or in part, any sum of money which, under any
enactment now in force or hereafter to be passed, may
be imposed as a penalty or forfeiture on a convicted
offender, although such money may be in whole or in part
payable to some party other than the Crown, and to order
the discharge of any person who may be imprisoned for
non-payment of any sum of money so imposed.
PART VII.
PROVISIONS AS To ADMINISTRATIVE APPEALS.
42. (1) Whenever in any enactment provision is made
for an appeal other than by way of petition to the Governor
in Council-
(a)the rules entitled Administrative Appeals Rules
shall apply to the extent that specific provision is
not contained in such enactment;
(b)nothing therein contained shall be deemed to pre-
vent any person from applying to the Supreme
Court for a mandamus, injunction, prohibition or
any other order should he elect so to do, instead
of appealing to the Governor in Council, but no
proceedings by way of mandamus, injunction, pro
hibition or other order shall be taken against the
Governor in Council in respect of such provision
or provisions;
(c)every order of the Governor in Council on any
appeal under such provision shall be final and may
be enforced by the Supreme Court as if it had been
ail order of that court.
(2) The Governor in Council may by order signified
in tile Gazette aniend add to or revoke tile said Rules. [39A
PART VIII.
IMPERIAL ENACTIMENTS.
43. Whenever ally Act is extended or applied to Hong
Kong and whenever ally Order in Council is made which
applies to territories other than the Colony as well as to
the Colony the same shall be read with such modifications
as to names, localities, courts, officers, persons, moneys,
penalties and otherwise as may be necessary to make it
applic able to the circumstances and in particular any refer
ence to a Probate Court, Bankruptcy Court or Admiralty
Court or similar expression shall be construed as a refer
ence to the Supreme Court exercising the appropriate juris
diction.
44. A reference in any enactment to any imperial
enactment or to any provision, part or division thereof shall
be construed as a reference to the same'as the same may
be amended from time to time and as a reference to any
enactment, provision, part or division substituted there
for.
45. When any imperial statute is referred to it shall
be sufficient for all purposes to cite such imperial enact
ment by the short title cited therein or by the short title
given thereto by the Short Titles Act, 1896.
FIRST SCHEDULE. [s. 3(1).]
Boundaries of the City of Victoria.
On the north-The Harbour;
On the west-A line running north and south drawn through
the north-west angle of Inland Lot No. 1299 and extending south-
wards a distance of 850 feet from the aforesaid 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 principal datum, that is to say, a level 17.833 feet
below the bench-marh known as 'Rifleman's Bolt', or the highest
point of a copper bolt set horizontally in the wall of a storehouse
on the previous situation of Marine Lot No. 26, in and near the
main entrance to the Royal Naval Dockyard, and thence following
the said contour until it meets the eastern boundary.'
On the east-A line following the western boundary of the
Queen's Recreation Ground until it meets the old Shaukiwan 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 Lot No. 1364, pro-
duced until it meets the southern boundary,
SECOND SCHEDULE. [s. 3(1).]
Boundaries of the Colony.
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' east of Greenwich intersects the parallel of
latitude touching the extreme south-west point of the shore of Deep
Bay to the said south-west point of the shore of Deep Bay; thence
along the high water mark upon the shore of Deep Bay to the
estuary of the Sham Chun River; thence by a line drawn as des-
cribed in the agreement delimiting. the northern frontier of the
New Territories signed by James Haldane Stewart Lockhart and
Wong Ts'un-shin at Hong Kong 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 Greenwich inter-
sects the mainland;
On the east-The meridian of longitude 114' 30' east of Green-
wich between the points where it intersects the mainland and the
parallel of latitude 22' 9' north;
On the west-The meridian of longitude 113' 52' east of Green-
wich 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 wh ' ere 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.
THIRD SCHEDULE. [s. 3(1).]
Boundaries of the Harbour.
On the east-A straight line drawn from the westernmost
extremity of Siu Chau Wan Point to the westernmost extremity
of A Kung Ngam Point (sometimes known as Kung Am);
On the west-A straight line drawn from the westernmost
point of the 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 westernmost point of 'Stonecutters
Island, and thence a straight line drawn true north from the
westernmost extremity of Stonecutters Island to the mainland.
2 of 1950. 9 of 1950. 22 of 1950. 28 of 1950. 37 of 1950. Short title. Application. 28 of 1950, Schedule. Interpretation, of certain words and expressions. 52 & 53 Vict. C. 63, s. 12 (4). 28 of 1950, Schedule. [s. 3 cont.] 52 & 53 Vict. C. 63, s. 12 (8). 52 & 53 Vict. C. 63, s. 18 (2). First Schedule. 9 of 1950, Schedule. Second Schedule. 52 & 53 Vict. C. 63, s. 36 (1). 52 & 53 Vict. C. 63, s. 27. 28 of 1950, Schedule. 52 & 53 Vict. C. 63, s. 12 (20). 28 of 1950, Schedule. (Cap. 132.) [s. 3 cont.] 28 of 1950, Schedule. Third Schedule. 28 of 1950, Schedule. (Cap. 227.) 11 & 12, Geo. 6, c. 56, s. 32. (Cap. 161.) [cf. 52 & 53 Vict. C. 63, s. 3.] [cf. 52 & 53 Vict. C. 63, s. 3.] [s. 3 cont.] [cf. 52 & 53 Vict. C. 63, ss. 2 & 19] (Cap. 232.) [cf. Cap. 234, s. 2.] [cf. 52 & 53 Vict. C. 63, s. 12 (5).] [cf. Cap. 215, s. 2.] [cf. Cap. 215, s. 2] 28 of 1950, schedule. [cf. 52 & 53 Vict. C. 63, s. 14.] [s. 3 cont.] (Cap. 11.) (Cap. 227.) 11 & 12 Geo. 6, c. 56, s. 32. 9 of 1950, Schedule. [cf. 52 & 53 Vict. C. 63, s. 20.] Interpretation of 'British Colony', 'India' and 'Pakistan' in future enactments and revised edition. 28 of 1950, Schedule. (20 of 1948.) 28 of 1948, Schedule. Definition to apply to grammatical variations and cognate expressions. Reference to Government property. provisions for gender and number. [cf. 52 & 53 Vict. c. 63, s. 1.] Meaning of service by post. [s. 3 cont.] [cf. 52 & 53 Vict. C. 63, s. 26.] Provision for Chinese terms. Reference to time. A.m. and p.m. 28 of 1950, Schedule. The Sovereign. [cf. 52 & 53 Vict. C. 63, s. 30.] Reference to an officer and change of title. Expressions denoting distance. [cf. 52 & 53 Vict. C. 63, s. 34.] Computation of days. 9 of 1950, Schedule. Provision where no time prescribed. Enactments, when binding on the Crown. Ordinances. [cf. 52 & 53 Vict. C. 63, s. 9.] Sections. ibid. s. 8. Schedules, etc. to be part of Ordinances. citation of and in enactments and references thereto. [cf. 52 & 53 Vict. c. 63, s. 35.] (20 of 1948). Amendments. [cf. 52 & 53 Vict. c. 63, s. 38 (1).] [s. 7 cont.] Reference to the number of a line. Construction of citation of a portion of an enactment. [cf. ibid. s. 35] 28 of 1950, Schedule. Construction in an Ordinance of references to sections, etc. Construction in a section of reference to subsections and paragraphs. Construction to apply to other enactments. Coming into operation of enactments, etc., [cf. 52 & 53 Vict. c. 63, s. 36.] Repeal and substitution, effect thereof. [cf. 52 & 53 Vict. C. 63, s. 11 (2).] Effect of repeal generally [cf. 52 & 53 Vict. C. 63, s. 38 (2).] 28 of 1950, Schedule. Repeal of Ordinances. [cf. 52& 53 Vict. C. 63, s. 11 (1).] Enactment and amending enactment to be read as one, etc. disallowance. Regulations: Powers included in authority to make regulations; [cf. 52 & 53 Vict. C. 63, s. 32 (3).] to include reduction of fees, etc. 28 of 1950, Schedule. to have force and effect of enactment; may be amended by Legislative Council; where regulations require approval; power to make regulations for special as well as general purposes; reference to 'the Ordinance'; reference to enactment to include regulations thereunder. Construction of general penalties clause regarding regulations 22 of 1950, s. 4. Extent of power to make public instruments 28 of 1950, Schedule. Deviation in forms. Exercise of powers between passing and commencement of enactment. 28 of 1950, Schedule. Exercise of powers, etc. [cf. 52 & 53 Vict. C. 63, s. 32 (1).] [ibid. s. 32 (2).] 28 of 1950, Schedule. Power to appoint includes power to suspend or remove. Power to fill vacancy temporarily. [s. 21 cont.] Power to appoint chairman. Power to appoint by name or by official designation. Effect of defining office to include deputy or assistant. Construction of enabling words. Power of Governor to delegate authority. Delegation not to preclude exercise of powers by officer delegating same. Power of majority. Signification of orders of the Governor and Governor in Council. Attempt to commit an offence to be deemed an offence. Provision as to offences under two or more laws. Penalties prescribed to be maximum penalties. 28 of 1950, Schedule. penalty at end of enactment or part, effect thereof. 37 of 1950, Schedule. Offences to be punishable upon summary conviction except in certain cases. 37 of 1950, Schedule. Punishment of misdemeanor where punishment not otherwise specified. Certain penalties may be cumulative. 28 of 1950, Schedule. Disposal of fines and penalties. Disposal of forfeits. [s. 38 cont.] Imposition of penalty not to bar civil action. Reduction, variation, remission, and application of fees and charges. Remission of penalties. Administrative appeals. 28 of 1950, Schedule. (Cap. 1, rules.) Application of Act to the Colony to be read with such modifications as necessary to make it applicable. Construction of reference to imperial enactment or part thereof. Citation of imperial statutes. (59 & 60 Vict. C. 14.) First Schedule, cont.
Abstract
2 of 1950. 9 of 1950. 22 of 1950. 28 of 1950. 37 of 1950. Short title. Application. 28 of 1950, Schedule. Interpretation, of certain words and expressions. 52 & 53 Vict. C. 63, s. 12 (4). 28 of 1950, Schedule. [s. 3 cont.] 52 & 53 Vict. C. 63, s. 12 (8). 52 & 53 Vict. C. 63, s. 18 (2). First Schedule. 9 of 1950, Schedule. Second Schedule. 52 & 53 Vict. C. 63, s. 36 (1). 52 & 53 Vict. C. 63, s. 27. 28 of 1950, Schedule. 52 & 53 Vict. C. 63, s. 12 (20). 28 of 1950, Schedule. (Cap. 132.) [s. 3 cont.] 28 of 1950, Schedule. Third Schedule. 28 of 1950, Schedule. (Cap. 227.) 11 & 12, Geo. 6, c. 56, s. 32. (Cap. 161.) [cf. 52 & 53 Vict. C. 63, s. 3.] [cf. 52 & 53 Vict. C. 63, s. 3.] [s. 3 cont.] [cf. 52 & 53 Vict. C. 63, ss. 2 & 19] (Cap. 232.) [cf. Cap. 234, s. 2.] [cf. 52 & 53 Vict. C. 63, s. 12 (5).] [cf. Cap. 215, s. 2.] [cf. Cap. 215, s. 2] 28 of 1950, schedule. [cf. 52 & 53 Vict. C. 63, s. 14.] [s. 3 cont.] (Cap. 11.) (Cap. 227.) 11 & 12 Geo. 6, c. 56, s. 32. 9 of 1950, Schedule. [cf. 52 & 53 Vict. C. 63, s. 20.] Interpretation of 'British Colony', 'India' and 'Pakistan' in future enactments and revised edition. 28 of 1950, Schedule. (20 of 1948.) 28 of 1948, Schedule. Definition to apply to grammatical variations and cognate expressions. Reference to Government property. provisions for gender and number. [cf. 52 & 53 Vict. c. 63, s. 1.] Meaning of service by post. [s. 3 cont.] [cf. 52 & 53 Vict. C. 63, s. 26.] Provision for Chinese terms. Reference to time. A.m. and p.m. 28 of 1950, Schedule. The Sovereign. [cf. 52 & 53 Vict. C. 63, s. 30.] Reference to an officer and change of title. Expressions denoting distance. [cf. 52 & 53 Vict. C. 63, s. 34.] Computation of days. 9 of 1950, Schedule. Provision where no time prescribed. Enactments, when binding on the Crown. Ordinances. [cf. 52 & 53 Vict. C. 63, s. 9.] Sections. ibid. s. 8. Schedules, etc. to be part of Ordinances. citation of and in enactments and references thereto. [cf. 52 & 53 Vict. c. 63, s. 35.] (20 of 1948). Amendments. [cf. 52 & 53 Vict. c. 63, s. 38 (1).] [s. 7 cont.] Reference to the number of a line. Construction of citation of a portion of an enactment. [cf. ibid. s. 35] 28 of 1950, Schedule. Construction in an Ordinance of references to sections, etc. Construction in a section of reference to subsections and paragraphs. Construction to apply to other enactments. Coming into operation of enactments, etc., [cf. 52 & 53 Vict. c. 63, s. 36.] Repeal and substitution, effect thereof. [cf. 52 & 53 Vict. C. 63, s. 11 (2).] Effect of repeal generally [cf. 52 & 53 Vict. C. 63, s. 38 (2).] 28 of 1950, Schedule. Repeal of Ordinances. [cf. 52& 53 Vict. C. 63, s. 11 (1).] Enactment and amending enactment to be read as one, etc. disallowance. Regulations: Powers included in authority to make regulations; [cf. 52 & 53 Vict. C. 63, s. 32 (3).] to include reduction of fees, etc. 28 of 1950, Schedule. to have force and effect of enactment; may be amended by Legislative Council; where regulations require approval; power to make regulations for special as well as general purposes; reference to 'the Ordinance'; reference to enactment to include regulations thereunder. Construction of general penalties clause regarding regulations 22 of 1950, s. 4. Extent of power to make public instruments 28 of 1950, Schedule. Deviation in forms. Exercise of powers between passing and commencement of enactment. 28 of 1950, Schedule. Exercise of powers, etc. [cf. 52 & 53 Vict. C. 63, s. 32 (1).] [ibid. s. 32 (2).] 28 of 1950, Schedule. Power to appoint includes power to suspend or remove. Power to fill vacancy temporarily. [s. 21 cont.] Power to appoint chairman. Power to appoint by name or by official designation. Effect of defining office to include deputy or assistant. Construction of enabling words. Power of Governor to delegate authority. Delegation not to preclude exercise of powers by officer delegating same. Power of majority. Signification of orders of the Governor and Governor in Council. Attempt to commit an offence to be deemed an offence. Provision as to offences under two or more laws. Penalties prescribed to be maximum penalties. 28 of 1950, Schedule. penalty at end of enactment or part, effect thereof. 37 of 1950, Schedule. Offences to be punishable upon summary conviction except in certain cases. 37 of 1950, Schedule. Punishment of misdemeanor where punishment not otherwise specified. Certain penalties may be cumulative. 28 of 1950, Schedule. Disposal of fines and penalties. Disposal of forfeits. [s. 38 cont.] Imposition of penalty not to bar civil action. Reduction, variation, remission, and application of fees and charges. Remission of penalties. Administrative appeals. 28 of 1950, Schedule. (Cap. 1, rules.) Application of Act to the Colony to be read with such modifications as necessary to make it applicable. Construction of reference to imperial enactment or part thereof. Citation of imperial statutes. (59 & 60 Vict. C. 14.) First Schedule, cont. /Metadata>
Identifier
https://oelawhk.lib.hku.hk/items/show/1633
Edition
1950
Volume
v1
Subsequent Cap No.
1
Number of Pages
26
Files
Collection
Historical Laws of Hong Kong Online
Citation
“INTERPRETATION ORDINANCE,” Historical Laws of Hong Kong Online, accessed May 8, 2025, https://oelawhk.lib.hku.hk/items/show/1633.