LAW AMENDMENT (TRANSITIONAL PROVISIONS) ORDINANCE
Title
LAW AMENDMENT (TRANSITIONAL PROVISIONS) ORDINANCE
Description
CHAPTER 257.
LAW AMENDMENT (TRANSITIONAL PROVISIONS).
To provide for the incorporation into the law of the Colony
of Provistoins of certain proclamations and matters done
thereunder promulgated during the British Military
Administration together with modifications of such pro-
visions and to ainend such Ordinances as are af
by such incorporation.
[1st May, 1946.]
1. This Ordinance may be cited as the Law Amend-
ment (Transitional Provisions) Ordinance.
2. (1) All laws, proclamations, orders, rules, regu-
lations and other acts whatsoever of a legislative character
made or issued during the British Military Administration
by or with the assent of any British military authority are
hereby repealed and cancelled except in so far as is herein-
after expressly provided to the contrary.
(2) All notices, appointments forms and permits given
made or issued under any of the laws, proclamations,
orders, rules, regulations and other acts hereinbefore
repealed and cancelled are likewise cancelled except in so
far as is hereinafter expressly, provided to the contrary.
(3) All requisitions valid or validated under the
requisitioning proclamation shall continue to have effect
until determined in such manner as the Governor may by
notification in the Gazette specify.
3. The proclamations of the British Military Ad-
ministration set out in the first column of the First Schedule
shall have effect as if the samne had been contained in
Ordinances enacted by the legislature of the Colony coming
into operation as from tile respective dates, if any, from
which such proclamations are expressed to take effect or as
from the respective dates of promulgation of the said
proclamations and shall as from the enactment of this
Ordinance have effect subject to the adaptations and
modifications contained in the second colum of the said
schedule.
4. (1) Any, rule, regulation or order made during the
British -Military Administration under any proclamation
contained in the First Schedule shall as frorn the date, if
any, from which it is expressed to take effect, or if there is
no such date, then as from the date of its promulgation,
have effect as if it had been lawfully rnade tinder the
provisions of an Ordinance enacted by the legislature of
the Colony and as from the enactment of this Ordinance.
shall have effect subject to the adaptations and modifications
contained in the.second column of the Second Schedule.
(2) Any matter or thing done tinder any proclamation
contained in the First Schedule or under any rule, regula-
tion or order comprised in the preceding subsection shall
have effect accordingly.
5. (1) Any order, regulation or other act made under
Proclamation No. 4 entitled Delegation of Powers
(Amendment), and Proclamation No. 16 entitled Military
Administration (Delegation), and contained in the Third
Schedule shall as from the date, if any, from which it is
expressed to take effect or, if there is no such date, then
as from the date of its promulgation, have effect as if it had
lawfully been made tinder the provisions of an Ordinance
enacted by the legislature of the Colony and as from the
enactment of this Ordinance shall have effect subject to
the adaptations and modifications contained in the Schedule
hereto.
(2) Any matter or thing done tinder any such order,
regulation or act comprised in the preceding subsection
shall have effect accordingly.
6. The Ordinances referred to in the first column of
the Fourth Schedule are hereby amended in the manner
appearing in the second column of the said Schedule.
7. (1) Notwithstanding the repeal of the Military
Courts Proclamation effected by section 2 hereof the pro-
visions of ArticICS 20, 22 and 23 and paragraph (1) of
Article 24 shall subject to the adaptations and modifica-
tions contained in subsection (2) continue in force to the
extent that the sarne are required to give effect to the pro-
visions of the Idemnity and Validating Ordinance, 1946,
containing the powers conferred on an appellate authority
by subsection (2) of section 4 of that Ordinance.
(2)(a) The appellate authority shall not exercise the
power to order a new trial, and
(b)the words 'appellate authority within the meaning
of the Indemnity and Validating Ordinance, 194C
shall be substituted for the words 'the Legal
Adviser' wherever such words appear in the said
Articles.
(3) Where any matter or thing has been done in
exercise of the powers conferred on any of the officers
specified in the right hand column of Order No. 1 made
under Article 1 of Proclamation No. 4 entitled Delegation
of Powers (Amendment), or under any amendment of such
order with reference to any enactment (including any
enactment of the British Alilitary Administration) which is
not repealed by this Ordinance such matter or thing shall
continue to have effect in like manner as if it had been
validly done by the corresponding authority specified
opposite the narne of any such officer in the left hand
column of such order.
(4 ) Save as hereinafter provided notwithstanding the
repeal by section 2 hereof of Order No. 5 made under
Article 1 of Proclamation No. 4 entitled Delegation of
Powers (Amendment), any petition for a grant of probate
or letters of administration which was pending before the
Standing Military Court under Order No. 5 aforesaid shall
be deemed to be pending before the Supreme Court in like
manner and with the like effect as if such petition and any
step in the proceedings taken thereafter had lawfully been
lodged and taken under the Probate and Administration
Ordinance. Provided that this subsection shall not apply
to any petition or any subsequent step which was not
lodged or taken in accordance with such Ordinance as
amended by Order No. 5 aforesaid.
8. The Governor in Council may by order from time
to time add to, alter or amend the provisions of the
Schedules hereto or any of them.
FIRST SCHEDULE. [ss. 3, 4, 8.]
PROCLAMATIONS INCORPORATED IN THE LAW OF THE COLONY.
PROCLAMATION. MODIFICATION.
13 The Opium Proclama-
tion.
(Note: The detail of this item is omitted as the effect of
this Proclamation has been consolidated into the Dangerous
Drugs Ordinance (Cap. 134) and the Proclamation is omitted
from the Revised Edition as spent.)
14 The Volunteer Forces
(Demobilization) Pro-
clamation.
(Note: The detail of this item is not given as the
Proclamation is omitted from the Revised Edition as having
had its effect.)
15 Landlord and Tenant
as amendend by the
Landlord and Tenant
(Amendment) Pro -
clamation.
(Note: The Proclamation was repealed and the detail of
this item rescinded by the Landlord and Tenant Ordinance
(Cap. 255).)
17 The Rating Proclma-
tion.
(Note: The substance of this itent was deleted by
G.N. 259/47 and the balance is omitted as spent .)
18 The Prevention of
Malaria Proclamation.
(Note: The Proclamsttion has been repealed by the Law
Revision (Miscellaneous Amendments) (No. 3) Ordinance,
1950.)
CAP. 257 Law Amendment (Transitional Provisions).
CAP. 257 Law Amendment (Transitional Provisions).
CAP. 257] Law Amendment (Transitional provisions).
28 The Venereal Diseases
(Compulsory Treat-
ment) Proclamation.
(Note: The Proclamation expired on the 31st December,
1947.)
29 The Stamp (occupa-
tion Transactions)
Proclamation.
(Note: The substance of the Proclamation has been
incorporated into the Stamp Ordinance (Cap. 117) by the
Law Revision (Miscellaneous Amendments) (No. 2) Ordinance,
1950, which repeals the Proclamation.)
30 Emergency Powers
(Extension) Proclama-
tion.
(Note: The last remaining effective portions of the
Proclamation expired on the 31st October, 1948 (G,N. 539/46)
and the detail is omitted herefrom.)
32 Postage Stamps Man-
agement Proclamation.
(Note: The substance of the Proclamation has been
incorporated into the Stamp Duties Management Ordinance
(Cap. 121) and the detail is omitted herefrom.)
PROCLAMATION. MODIFICATION,
No. Subject or Title. Article.
33 Trading with the
Enemy Ordinance
(Amendment) Pro-
clamation.
(Note: The substance of the Proclamation has been
consolidated into the Trading with the Enemy Ordinance (Cap.
.188) and the Proclamation is omitted from the Revised Edition
as spent.)
34 Miscellaneous Com-
modities Control and
Price Regulation.
(Note: The Proclamation has been replaced by various
enactments and is repealed by the Law Revision (Miscellaneous
Amendments) (No. 3) Ordinance, 1950.)
35 British Military Ad-
ministration (Cessa-
tion). Proclamation.
(Note: The Proclamation is omitted from the Revised
Edition as having had its effect.)
SECOND SCHEDULE. [ss. 2, 8.]
Modifications to Regulations, Rules and Orders made under
Proclamations incorporated in the law of the Colony.
Proclama-
tion under
which
Rule, Article Rule,
Regulationunder Regulation
or Order which orH.K. (B.M.A.) Gazette.
is made. made. Order. No. Vol. Date. Modifications.
Custodian 12 Regulation 3 1 15/11/45 Paragraph 6 shall
Proclama- 1 be deleted.
tion Exercise of
Custodian's
Powers
12 Regulation 3 1 15/11/45 In paragraph 2 (iii)
2 there shall be sub-
stituted for the
words 'the British
Military Adminis-
tration' the words
,,any enactment'.
In paragraph 4
there shall be sub-
stituted for the
words 'Chief Civil
Alfairs Officer' the
words 'Governor in
Council'.
(Note: Regulations 1 and 2 remain in force by virtue of
section 10 of the Revised Edition of the Laws Ordinance, 1948,
although omitted from the Revised Edition.)
Proclama-
tion under
which
Rule, Article Rule'
Regulationunder Regulation H.K. (B.M.A.) Gazette.
or Order which or No. Vol. Date. Modifications.
is made. made. Order.
Landlord 7 Regulations
and constituting
Tenant. Tenancy
Tribunals.
Landlord 7 Rules of
and procedure
Tenant. for Tenancy
Tribunals.
(Note: These regulations and these rules were rescinded by
the Landlord and Tenant Ordinance (Cap. 255).)
THIRD SCHEDULE. [ss. 5, 8.]
Orders made under powers conferred under Article 1 of the
British Military Administration Delegation of Powers (Amendment)
Proclamation which are incorporated in the law of the Colony and
modifications thereto.
ORDER. REFERENCE IN GAZETTE. MODIFICATION (if any).
No. Vol. Date.
Order 2
Registration of Imports and 3 1 15/11/45
Exports (No. 12 of 1922)
Regulations Amendment.
(Note: Amendments consolidated into regulations as printed.)
Order 3
Dangerous Buildings. 3 1 15/11/45
(Note: This item was deleted by G.N.A. 269/50.)
Order 4
As amended by Order 7, 3 1 15/11/45
Diesel Engined Junks and
Landing Places for Passen-
ger Junks.
(Note: This item was deleted by G.N.A. 269/50.)
Order 8
Amending Jury Ordinance, 4 1 24/11/45
1887.
(Note: The amendments effected by this item were repealed
by the Jury (Amendment) Ordinance, 1950.)
Order 9
Amending Harbour Dues. 6 1 8/12/45
(Note: The provisions amended by this item have been repealed
and replaced by G.N.A. 169/49.)
Regulations and Orders made under powers conferred under Third
Article 1 of Proclamation No. 16 British Military Administration Schedule
(Delegation) which are. incorporated in the law of the Colony and
modifications thereto.
REGULATION OR
ORDER. REFERENCE IN GAZETTE. MODIFICATION (if any).
No. Vol. Date.
Regulation , No. 1 being 1 2 5/1/46
Regulations under Stamp
Ordinance, 1921.
(Note: The provisions amended by this item have been repealed
and replaced by G.N.A. 125/50 and by the Law Revision (Miscel-
lancons Amendments) (No. 2) Ordinance, 1950.)
Regulation No. 2 being 2 2 12/1146
Regulations for landing fish
under Merchant Shipping
Ordinance, 1899.
(Note: This item was deleted by G.N. 872/47.)
Regulation No. 3 being an 14 2 1613/46
amendment of rules made
under the Boarding House
Ordinance, 1917.
(Note: This item was rescinded by G.N.A. 269150.)
Order dated 2nd January, 1, 2 5,11/46
1946 being an Order under
Peak Tramway Ordinance,
1883.
(Note: The provisions amended hereby have been repealed and
replaced by G.N. 670/46.)
Orders madj under the
Quarantine and Prevention
of Disease Ordinance, 1936,
relating to-
(a) Bangkok made on 5 2 2611146
24/1/46 Gazette Noti-
fication given
(b) Shanghai made on 10 2 23/2/46
20/2/46 Gazette Noti-
fication given
(c) Bangkok made on 11 2 2/3/46
28/2/46 Gazette Noti-
fication given
REGULATION OR
ORDER. REFERENCE IN GAZETTE. MODIFICATION (if any).
No. Vol. Date.
(d) Cant on made on 20 2 20/4/46
15/4/46 Gazette Noti-
fication given
(e) Amoy made on 25/4/46 21 2 27/4/46
Gazette Notification
given
(Note: These orders have since been cancelled, vide G.N.s 135,
573 and 627 of 1947 and G.N.A. 28/48 and G.N.A. 252/48.)
Order No. 1 being an Order 9 2 16/2/46
modifying Births and
Deaths Registration Ordin-
ance, 1934.
(Note: This item was deleted by G.N.A. 64/48.)
Order No. 3 being an Order 11 2 2/3/46
under the Estate Duty Or-
dinance, 1932.
(Note: This item was repealed by the Laiv Revision (Miscel-
laneous Amendments) Ordinance, 1950.)
Order No. 4 being an Order 11 2 2/3/46
under the Industrial and
Reformatotry Schools Ordin-
ance, 1932.
(Note: This item was deleted by G.N. 114/47.)
Order No. 6 being an Order 16 2 30/3/46
under the Quarantine and
Prevention of Disease Or-
dinance, 1936.
(Note: This item was deleted by G.N. 350/46.)
Order No. 7 being an Order 18 2 64/4/46
under the Water Works Or-
dinance, 1938.
(Note: This item was replaced by G.N.A. 470/46.)
Order made for the Pre- 20 2 20/4/46
vention. of Cholera.
(Note: This order has been replaced by G.N.A. 226/49 and
the item is deleted by G.N.A. 26950.)
REGULATION OR
ORDER. REFERENCE IN GAZETTE. MODIFICATION (if any).
No. Vol. Date.
Direction under Regulation 21 2 27/4/46
5 of the Defence (Finance)
Regulations and dated the
27th of April,.1946.
(Note: The regulations affected by this item are omitted from
the Revised Edition under the authority of section 10 of the Revised
Edition of the Laws Ordinance, 1948.)
Order No. 9-Port Execu- 22 2 30/4/46
tive Committee Order, 1946.
(Note: The order referred to in this item is omitted from the
Revised Edition under the authority of section 10 of the Revised
Edition of the Laws Ordinance, 1948.)
(Note: FOURTH SCHEDULE. [ss. 6, S.]
1. This Schedule contained amendments to the following
Ordinances which are reproduced, so amended, in the Revised
Edition-
Evidence ... ... ... ... ... ... ... ... Chapter 8.
Fraudulent Transfers of Businesses ... ... 11 49.
2. The following Ordinance was also amended but the amend-
ments have been superseded by subsequent amendments-
Note Issuing Banks Extension of Powers
Ordinance, 1939, incorporated into Bank
Notes Issue Ordinance ... ... ... ... Chapter 65.)
2 of 1946. 25 of 1947. 24 of 1950. Short title. Repeal except as hereinafter provided of acts of the British Military Administration of a legislative character. Proclamations incorporated in law of Colony. Incorporation in law of Colony of rules, regulations, orders made under proclamations in First Schedule. Incorporation in law of Colony of orders and other acts under Proclamations 4 and 16. Amendments to Ordinances. Saving. (1 of 1946.) [s. 7 cont.] (Cap. 10.) Variation of Schedules. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. Second Schedule cont. Third Schedule cont. Third Schedule cont. Third Schedule cont.
Abstract
2 of 1946. 25 of 1947. 24 of 1950. Short title. Repeal except as hereinafter provided of acts of the British Military Administration of a legislative character. Proclamations incorporated in law of Colony. Incorporation in law of Colony of rules, regulations, orders made under proclamations in First Schedule. Incorporation in law of Colony of orders and other acts under Proclamations 4 and 16. Amendments to Ordinances. Saving. (1 of 1946.) [s. 7 cont.] (Cap. 10.) Variation of Schedules. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. Second Schedule cont. Third Schedule cont. Third Schedule cont. Third Schedule cont.
Identifier
https://oelawhk.lib.hku.hk/items/show/2111
Edition
1950
Volume
v6
Subsequent Cap No.
257
Number of Pages
14
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LAW AMENDMENT (TRANSITIONAL PROVISIONS) ORDINANCE,” Historical Laws of Hong Kong Online, accessed April 26, 2024, https://oelawhk.lib.hku.hk/items/show/2111.