REVISED EDITION OF THE LAWS ORDINANCE 1965

REVISED EDITION OF THE LAWS ORDINANCE 1965

REVISED EDITION OF THE LAWS ORDINANCE 1965.

ARRANGEMENT OF SECTIONS.

Section. page.

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... viii

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... viii

3. Appointment of commissioner ... ... ... ... ... ... ... ... ... ... viii

4. Power of commissioner to omit ... ... ... ... ... ... ... ... ... ... viii

5. Other powers of commissioner ... ... ... ... ... ... ... ... ... ... ix

6. Mode of dealing with omissions or amendments not authorized by sections

4 and 5 ... ... ... ... ... ... ... ... ... ... ... ... ... ... X

7. Contents of the revised edition ... ... ... ... ... ... ... ... ... ... xi

8. Method of compiling the revised edition ... ... ... ... ... ... ... ... xi

9. Binding of booklets ... ... ... ... ... ... ... ... ... ... ... ... xi

10. Copies of revised edition to be kept for record ... ... ... ... ... ... xi

11. Bringing of revised edition into operation ... ... ... ... ... ... ... xii

12. Complementary matter in revised edition ... ... ... ... ... ... ... ... xii

13. Annual revision of revised edition ... ... ... ... ... ... ... ... ... xii

14. Additional power to revise ... ... ... ... ... ... ... ... ... ... ... xiii

15. Powers and duties of Attorney General ... ... ... ... ... ... ... ... xiv

16. Publication of lists of titles of current laws ... ... ... ... ... ... ... xiv

17. Distribution of revised edition ... ... ... ... ... ... ... ... ... ... XY

18. Rectification of errors ... ... ... ... .... ... ... ... ... ... ... XY

19. Construction of references to repealed or amended Ordinances ... ... ... xv

20. Expenses of preparation and publication ... ... ... ... ... ... ... ... xv





REVISED EDITION OF THE LAWS ORDINANCE 1965.

Tomake provision for the preparation, publication and periodical
revision of a revised edition of the laws of the Colony.

[24th December, 1965.1

1. This Ordinance may be cited as the Revised Edition of the Laws
Ordinance 1965.

2. In this Ordinance, unless the context otherwise requires-

&$commissioner' means the person appointed under section 3;

effective date' means the date specified by the Governor under
subsection (1) of section 11 for the coming into operation of the
revised edition;

'Ordinance' means

(a)any Ordinance enacted by the Governor with the advice and
consent of the Legislative Council and any subsidiary
legislation made under or by virtue thereof;,and

(b)any Proclamation of the British Military Administration and
any subsidiary legislation made under or by virtue thereof;

'revised edition' means the revised edition of the laws of Hong Kong
prepared under the authority of section 3;

'subsidiary legislation' means any proclamation, rule, regulation, order,
resolution. notice, rule of court, by-law or other instrument made
under or by virtue of any Ordinance or Proclamation, as the case
may be, and having legislative effect.

3. The Governor may, by notice in the Gazette, appoint a
commissioner who shall prepare a revised edition of the laws of Hong
Kong.

4. (1) In the preparation of the revised edition, the commissioner
shall have power to omit

(a)all Ordinances, or parts of Ordinances, which have been
expressly repealed or which have expired or have become
spent or have had their effect;

(b)all repealing provisions contained in Ordinances and all tables
and lists of repealed Ordinances, whether contained in
Schedules or otherwise;

(c)all preambles to Ordinances, where such omission can, in the
opinion of the commissioner, conveniently be made;

(d)all provisions prescribing the date when an Ordinance or part
of an Ordinance is to come into operation, where





such omission can, in the opinion of the commissioner,
conveniently be made;

(e)all amending Ordinances or parts thereof, where the
amendments effected thereby have been embodied by the
commissioner in the Ordinance to which they relate; and all
enacting clauses.

(2) Any Ordinance or part thereof omitted from the revised edition
in exercise of the powers conferred by subsection (1) may be proved by
the production of any copy thereof by which the same could have been
proved before the effective date.

5. The commissioner shall, in addition to the powers conferred by
section 4, have power

(a)to transfer to subsidiary legislation any part of an Ordinance
which can more conveniently be included as subsidiary
legislation made under that Ordinance or under any other
Ordinance;

(b) to arrange the grouping and sequence of Ordinances;

(c)to make such formal alterations to any Ordinance as are
necessary or expedient for the purpose of securing uniformity
of expression;

(d)to consolidate into one Ordinance any two or more Ordinances
or any number of Ordinances in pari materia, making such
alterations as are thereby rendered necessary or expedient and
affixing such date thereto as may seem most convenient;

(e)to divide any Ordinance into two or more Ordinances and to
make such amendments, including the supplying of titles, or
the alteration of existing titles, as are thereby rendered
necessary;

to incorporate in any Ordinance any amendment made to any
schedule, form or other part by any authority under powers
conferred by that Ordinance;

(g) to alter the order of sections in any Ordinance;

(h)to renumber the sections in any Ordinance in all cases where it
may be necessary or expedient so to do;

(i)to alter the form or arrangement of any section, by 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;

to transfer any provision contained in an Ordinance from such
Ordinance to any other Ordinance to which that provision
more properly belongs, making such alterations as are thereby
rendered necessary or expedient;





(k)to divide Ordinances, whether consolidated or not, into parts
or divisions;

(1)to add a long title or a short title to any Ordinance which may
require it or to alter the long title or short title of any
Ordinance;

(m) to supply or alter tables of contents, chronological tables and
notes:

Provided that such tables of contents, chronological
tables and notes shall not form any part of the Ordinance in
which they appear;

(n)to correct grammatical, typographical and similar errors in the
existing copies of Ordinances, and for that purpose to make
verbal additions, omissions, or alterations not affecting the
meaning of any Ordinance;

(o) to correct cross references;

(p)to correct references to repealed Ordinances by replacing such
references by references to the substituted Ordinances, for
which purpose it is declared that an Ordinance is deemed to be
substituted for another Ordinance where it is expressly stated
in the subsequent Ordinance that it is so substituted, or where
the subsequent Ordinance reenacts with or without
modification any provisions of a repealed Ordinance;

(q)to make such formal alterations as to names, localities,
departments, offices and officers and otherwise as may be
necessary to bring any Ordinances into conformity with the
circumstances of the Colony;

(r)to make such adaptations of or amendments to any
Ordinances as may appear to be necessary or proper as a
consequence of any change in the constitution of Her
Majesty's dominions; and

(s)to do all things relating to form and method which appear to
him to be necessary for the perfecting of the revised edition.

6. (1) If the commissioner considers it is desirable that in the
preparation of the revised edition there should be omissions or
amendments other than those authorized by sections 4 and 5, the same,
although not in pari materia, may be combined in one or more
Ordinances.

(2) If such Ordinance or Ordinances are enacted prior to the
effective date, then

(a)the commissioner shall, in the preparation of the revised
edition, give the like effect to such omissions or amendments
as if they had been authorized by section 4 or 5; and





(b)if as a result of any such omission or amendment any
Ordinance or part thereof has been repealed or has expired or
become spent or had its effect, such Ordinance or part shall be
omitted from the revised edition.

7. (1) Subject to the provisions of section 4 and subsection (2) of
section 6, the revised edition shall include all unrepealed Ordinances
enacted before the 1st day of January, 1965, and may contain such
Ordinances enacted after such date as the commissioner may think fit to
include therein.

(2)Each Ordinance shall form a separate Chapter.

(3) The Chapter number or the number and year, whichever the
commissioner considers appropriate, of the principal Ordinance and of
each incorporated Ordinance and the, number year of each amending
Ordinance shall be set out in the margine

at the
beginning of each Chapter.

(4) The commencement of each principal Ordinance shall be set out
immediately below the long title.

8. The commissioner shall cause the revised edition of every
Ordinance to be published in the form of one or more separate booklets
each of which shall contain

(a) on the front page thereof the expressions-

(i) 'Taws of Hong Kong'; and

(ii) 'Revised Edition 1964, Printed and Published by the
Government Printer, Hong Kong'; and

(b)at the top of every subsequent page of each such booklet the
expression '1964 Ed.'.

9. (1) The commissioner shall cause the various booklets which
have been compiled for the purposes of section 8 to be contained
together in such number of volumes as he considers convenient.

(2) A booklet shall be bound in such manner as will enable it to be
easily removed from and replaced in a volume.

10. (1) The commissioner shall cause three complete sets of the
booklets which have been compiled for the purposes of section 8 to be
bound together in volumes in a permanent manner.

(2) The title page of each volume of booklets so bound shall be
sealed with the Public Seal of the Colony and one copy of each volume
shall be transmitted to the Colonial Secretary, one copy of each volume
to the Attorney General and one copy of each volume to the Registrar of
the Supreme Court, and shall be retained by them for record purposes.





11. (1) The Governor may, by Proclamation, approve the
revised edition and order that the revised edition shall come into
operation on such date as he may specify in such Proclamation.

(2) From the effective date the revised edition shall be deemed
to be and shall be without any question whatsoever in all courts
of justice and for all purposes whatsoever the sole and only proper
laws of the Colony in respect of all Ordinances contained therein.

12. (1) The revised edition may also contain a reprint of such
imperial enactments, treaties and conventions and such indices,
notes and references as the commissioner considers useful to
include.

(2) When any imperial enactment, treaty or convention is
reprinted in pursuance of subsection (1), the provisions of the
imperial enactment, treaty or convention may be reproduced with
such amendments as may have been made thereto, and where any
imperial enactment, treaty or convention has been applied or
extended to the Colony with modifications the provisions of that
imperial enactment, treaty or convention may be reproduced with
those modifications:

Provided that every departure from the original text of the
imperial enactment, treaty or convention shall be clearly shown
by notes, references or other similar means.

(3) The commissioner may also cause the reprint referred to
in subsection (1) to be published in such number of separate book-
lets, in the manner prescribed by section 8. or in such other form
as he considers convenient.

13. (1) As soon as practicable after the first day of January
in every year the Attorney General shall, subject to subsection (2),
cause to be published-
(a)in the form of a separate booklet, a new revised edition
of any Ordinance which has been amended during the
period of twelve months ending on the preceding thirty-first
day of December;
(b)in the form of a separate booklet, any new Ordinance
enacted during the said period, other than Ordinances the
sole or substantial effect of which was to amend other
Ordinances;
(c)in the form of a booklet, either separately or together
with any other such enactment or instrument, a new
revised edition of any imperial enactment, treaty or con-
vention already included in the revised edition which has
been amended during the said period;

The revised edition was approved and brought into operation on 1st Feb-
ruary 1967 by Proclamation No. 2 of 1967 (L.N. 4167).





(d)booklets containing such imperial enactments, treaties or
conventions enacted, made or agreed to during the said period
as he considers may usefully be published; and

(e)a new table of contents and index to the revised edition, a
chronological list of Ordinances, a list of appointments and a
list of the latest edition of each booklet containing an
Ordinance and included in the revised edition.

(2) The Attorney General shall not be required by subsection (1) to
prepare and publish a booklet containing a new revised edition of any
Ordinance, imperial enactment, treaty or convention which has been
amended if he considers that the amendments are not sufficiently
extensive to justify the preparation and publication thereof, but he shall
cause a separate booklet of minor amendments to be prepared and
published in which all such amendments shall be contained.

(3) Without prejudice to subsection (1), the Attorney General may,
as soon as practicable after the first day of January in every year, cause
to be published, in the form of a separate booklet

(a)a new revised edition of any Ordinance which has not been
amended during the period of twelve months ending on the
preceding thirty-first day of December;

(b)a new revised edition of the subsidiary legislation made under
or by virtue of any Ordinance, whether or not any part that
subsidiary legislation has been amended during the period of
twelve months ending on the preceding thirty- first day of
December.

(4) Where the Attorney General is of the opinion that it is desirable
that corrections, alterations or adaptations shall be made to any
Ordinance but that such corrections, alterations or adaptations are not
sufficiently extensive to justify the preparation and publication of a new
revised edition of such Ordinance, he may, in relation to such Ordinance,
exercise any of the powers contained in paragraphs (n), (o), (p), (q) and
(r) of section 5 and include any corrections, alterations or adaptations
occasioned thereby in the booklet of minor amendments prepared and
published under subsection (2).

(Replaced, 18 of 1971, s. 2)

14. (1) Without prejudice to the powers conferred by section 13,
the Attorney General may also

(a) consolidate into one Ordinance any two or more Ordin-

revised

or

under or
by virtue
by

part 0 that
during the
p g thirty_

ances in pari materia;

(b) divide any Ordinance into two or more Ordinances; or

(c)transfer to subsidiary legislation any part of an Ordinance






which can more conveniently be included as subsidiary
legislation under that Ordinance or under any other Ordinance.





(2) Where the Attorney General has exercised the powers conferred
by subsection (1), he shall, as soon as practicable after the first day of
January in the year following such exercise, cause to be published in the
form of a separate booklet

(a)any Ordinance into which two or more Ordinances have been
consolidated;

(b)each Ordinance into which any Ordinance has been divided;
and

(c)the subsidiary legislation into which any part of an Ordinance
has been transferred.

(Added, 18 of 1971, s. 2)

15. (1) For the purposes of sections 13 and 14, the Attorney General
may exercise and perform, mutatis mutandies, the powers and duties
conferred or imposed by this Ordinance upon the~

(2) In any booklet published pursuant to section 13 or 14, the law
shall be as it was on the preceding thirty-first day of December and shall
contain at the beginning thereof the year of that thirtyfirst day of
December.

(3) ere a new revised edition of the subsidiary legislation made
under r by virtue of an Ordinance is published in a separate booklet
under r paragraph (b) of subsection (3) of section 13 or under paragraph
(c) of subsection (2) of section 14, such booklet shall

(a) be part of the Chapter of the Ordinance under or by
virtu of which that subsidiary legislation is made; and

(b)in ad addition to the other expressions required to be containe
therein, contain on the front page thereof

(i) he title and Chapter number of the Ordinance under r by
virtue of which that subsidiary legislation is made; and

(ii) expression 'Subsidiary Legislation'.

(4) The Attorney General shall transmit to the Governor a copy of
every booklet published under section 13 or 14 and with effect from
such date as the Governor may specify by notice in the Gazette any
such booklet shall be without any question whatsoever in all courts of
justice and for all purposes whatsoever the sole and only proper law of
the Colony in respect of that Ordinance, or in the case of a booklet
containing subsidiary legislation only, that subsidiary legislation.

(Added, 18 of 1971, s. 2)


16. The Attorney General shall, as soon as practicable after any
date specified in any notice published under subsection (4) of section
15, cause to be published in the Gazette a list of the titles of all
Ordinances in force in Hong Kong and the year of the last published
edition thereof.





17. (1) Copies of the revised edition compiled in the manner
provided by section 8 and of any booklet published under section 13 or
14 shall be distributed without charge to such persons, officers,
departments and institutions as the Governor may direct. (Amended, 72
of 1971, s. 3)

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

(3) Any person may, on payment of such fee as the Governor may
direct, become entitled to receive a copy of each booklet published
under section 13 or 14 and issued in any one year. (Amended, 72 of
1971, s. 3)

(4) The Government Printer shall, on the application of a subscriber,
supply him with all the booklets to which he is entitled.

18. (1) The Attorney General may, by order published in the
Gazette, rectify any clerical or printing error appearing in the revised
edition or in any booklet published under section 13 or 14, or rectify in a
manner not inconsistent with the powers of revision conferred by this
Ordinance any other error so appearing.

(2) Every order made under this section shall be laid on the table of
the Legislative Council without unreasonable delay, and, if a resolution
is passed at the em next sitting of 99 the Legislative Counvil 4~ after the
sitting at which the order is so laid that the order be annulled, it shall
thenceforth be void, but without prejudice to the validity of anything
previously done thereunder, or to the making of a new order.

(Amended, 72 of 1971, s. 3)

19. Whenever in any Ordinance, or in any document of whatever
kind, any reference is made to any provision of any Ordinance affected
by or under the operation of this Ordinance, the reference shall, where
necessary and practicable, be construed as a reference to the
corresponding provision in the revised edition or in any booklet
published under section 13 or 14.

(Amended, 72 of 1971, s. 3)

20. 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 and
of booklets published under section 13 or 14.

(Amended, 72 of 1971, s. 3)
Originally 53 of 1965. 47 of 1967. 18 of 1971. 72 of 1971. Short title. Interpretation. Appointment of commissioner. Power of commissioner to omit. Other powers of commissioner. Mode of dealing with omissions or amendments not authorized by sections 4 and 5. Contents of the revised edition. Method of compiling the revised edition. Binding of booklets. Copies of revised edition to be kept for record. Bringing of revised edition into operation. Complementary matter in revised edition. Annual revision of revised edition. Additional power to revise. Powers and duties of Attorney General. Publication of lists of titles of current laws. Distribution of revised edition. Rectification of errors. Construction of references to repealed or amended Ordinances. Expenses of preparation and publication.

Originally 53 of 1965. 47 of 1967. 18 of 1971. 72 of 1971. Short title. Interpretation. Appointment of commissioner. Power of commissioner to omit. Other powers of commissioner. Mode of dealing with omissions or amendments not authorized by sections 4 and 5. Contents of the revised edition. Method of compiling the revised edition. Binding of booklets. Copies of revised edition to be kept for record. Bringing of revised edition into operation. Complementary matter in revised edition. Annual revision of revised edition. Additional power to revise. Powers and duties of Attorney General. Publication of lists of titles of current laws. Distribution of revised edition. Rectification of errors. Construction of references to repealed or amended Ordinances. Expenses of preparation and publication.

https://oelawhk.lib.hku.hk/items/show/2178

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