APPLICATION OF ENGLISH LAW ORDINANCE

APPLICATION OF ENGLISH LAW ORDINANCE

LAWS OF HONG KONG

APPLICATION OF ENGLISH LAW ORDINANCE

CHAPTER 88





CHAPTER 88

APPLICATION OF ENGLISH LAW

To declare the extent to which English law is in force in the Colony.

[7 January 1966.]

1. This Ordinance may be cited as the Application of English Law
Ordinance.

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

'Act' means an enactment of the Parliament of England, the Parliament
of Great Britain or the Parliament of the United Kingdom.

3. (1) The common law and the rules of equity shall be in force in
Hong Kong

(a)so far as they are applicable to the circumstances of Hong
Kong or its inhabitants;

(b)subject to such modifications as such circumstances may
require;

(c) subject to any amendment thereof (whenever made) by(i) any
Order in Council which applies to Hong Kong; (ii) any Act
which applies to Hong Kong; or

(iii) any Ordinance.

(2) The common law and the rules of equity shall be in force in
Hong Kong as provided in subsection (1) notwithstanding any
amendment thereof as part of the law of England made at any time by an
Order in Council or Act which does not apply to Hong Kong

(Replaced, 58 of 1971, s. 2)

4. (1) Subject to the provisions of this section and of any other
Ordinance, the law of England as set out in the following Acts shall be in
force in Hong Kong, that is to say

(a)the Acts specified in the second and third columns of the
Schedule to the extent specified in the fourth column thereof
subject to such modifications thereto as the circumstances of
Hong Kong may require;

(b) any other Act which applies to Hong Kong by virtue of(i) any
Order in Council;

(ii) any express provision in the enactment, or by necessary
implication; or

(iii) any Ordinance.





(2) Any such enactment as is mentioned in subsection (1) as being
in force in Hong Kong shall, in its application to Hong Kong, be subject
to such amendment as may have been or may hereafter be made thereto
by

(a) any Order in Council which applies to Hong Kong; or

(b) any Act which applies to Hong Kong; or

(e) any Ordinance.

5. The Legislative Council may by resolution-

(a) delete any item in the Schedule;

(b) amend any item contained in the Schedule;

(e)add to the Schedule the whole or any part of any Act passed
before 5 April 1843, with or without amendments made thereto,
whether made before or after the said date.

6. Nothing in this Ordinance shall diminish or derogate from

(a) any rights, privileges or powers of the Crown; or

(b)the right of Her Majesty in Council to make laws from time to
time for the peace, order and good government of Hong Kong.

SCHEDULE [s. 4.]

In this Schedule-

Any reference to any Act or section of any Act shall include a reference to
any Schedule referred to in the Act or section.

'S.L.R.' means Statute Law Revision Act.

First

Column Second Column Third Column Fourth Column

Item Session and Chapter Title or Short Title Extent of Application

1. Deleted 60 of 1971, s. 191
2. [Deleted, 26 of 1971, s. 761
3. 34 Edw. 3 e. 1 Justices of the Peace The whole, as amended
Act 1361. by S.L.R. 1948.
4. [Deleted, 60 of 1971, s. 191
5. Deleted 36 of 1969, s. 101
6.

7. [Deleted, 62 of 1984, s. 65]
8. 32 Hen. 8 c. 37 Cestui que vie Act Sections 1, 3 and 4, as
1540. amended by S.L.R.'s
1888 and 1948.
9.[Deleted, 60 of 1971, s. 191

'0. }[Deleted, 62 of 1984, s. 65]
11.
12. [Deleted, 26 of 1971, s. 76]
13. [Deleted, 56 of 1972, s. 211





First

Column Second Column Third Column Fourth Column

Item Session and Chapter Title or Short Title Extent of Application
14. H&19CaT.2c.11 Cestui que vie Act 1666. Sections 1 and 4.
15. 22 & 23 Car. 2 c. 10 Statute of Distribution Sections 1, 5 and 6, as
1670. amended by Court of
Probate Act 1857 and
S.L.R. 1888.
(Amended, 1 of 1971,
s. 12)

16. [Amended, ]of 1971,s. ]2 and 26 of 1971,s. 76.Deleted, 53 of 1971,s. 41

17. [Deleted, 26 of 1971, s. 761

18. 31 Car. 2 c. 2 Habeas Corpus Act Sections 1, 2, 3, 4, 5, 6,
1679. 7, 8, 9 and 16.

19. [Amended, 1 of 1971, s. 12. Deleted, 26 of 1971, s. 761

20. 2 Will. & Mary c. 5Distress for Rent Act The whole, as amended
1689. by S.L.R. 1888 and

the Summary
Jurisdiction Act 1884.

21. [Deleted, 62 of 1984, s. 65]

22. [Deleted, 26 of 1971, s. 76]

23. [Deleted, 60 of 1971, s. 19]

24. 10 Will. 3 c. 22 An Act to enable Section 1.

posthumous children
to take'estates as if
born in their father's
lifetime 1697.
25.[Deleted, 60 of 1971, s. 19]

26. 6 Anne c. 72 Cestui que vie Act The whole, as amended
1707. by S.L.R. 1888.

27. 8 Anne c. 18 Landlord and Tenant Sections 4, 6, 7 and 8,
Act 1709. as amended by

S.L.R. 1948.
28. 9 Anne c. 19 Gaming Act 17 10. Section 1, as amended
to 5th April, 1843.

21. [Deleted, 60 of

30. 1971, s. 19]
31. 4 Geo. 2 c. 28 Landlord and Tenant Sections 1, 5 and 6, as

Act 1730. amended by S.L.R.
1948.
32.[Deleted, 62 of 1984, s. 651

33. 11 Geo. 2 c. 19Distress for Rent Act Sections 1, 2, 3, 4, 7, 8,
1737.9, 10, 11, 14,15, 16,

18, 19 and 20, as






amended by S.L.R.
1948.
34.[Deleted, 60 of 1971, s. 191

35. 24 Geo. 2 c. 23 Calendar (New Style) Sections 1, 2, 3 and 6.
Act 1750.

36.[Deleted, 60 of 1971, s. 191

37. 14 Geo. 3 c. 48 Life Assurance Act The whole, as amended
1774. by S.L.R. 1888.
38. 14 Geo. 3. c. 78 Fires Prevention Sections 83 and 86, as
(Metropolis) Act amended by S.L.R.'s
1774. 1861, 1888 and 1948.
39. 32 Geo. 3 c. 60 Libel Act 1792. The whole.





First

Column Second Column Third Column Fourth Column

Item Session and Chapter Title or Short Title Extent of Application

40.
41 . [Deleted, 60 of 1971, s. 19]
42
43

44. 39 Geo. 3 c. 37 Offences at Sea Act Section 1.
1799.

45. [Deleted, 60 of 1971, s. 191
46. [Deleted, 26 of 1970, s. 21]

47. 46 Geo. 3 c. 37 Witnesses Act 1806. The whole.
48. 52 Geo. 3 c. 101 Charities Procedure The whole, as amended
Act 1812. by S.L.R. 1888 and
the Statute Law
Revision and Civil
Procedure Act 188 1.
49.[Deleted, 60 of 1971, s. 191

50. 56 Geo. 3 c. 100 Habeas Corpus Act The whole.
1816.
51. [Deleted, 60 of 1971, s. 191
52. 57 Geo. 3 c. 52 Deserted Tenements The whole.
Act 1817.
53.
54. [Deleted, 60 of 1971, s. 191
55.[Deleted, 53 of 1971, s. 41

56. 11 Geo. 4 & 1 Will. 4 Executors Act 1830. Sections 1 and 2.
c. 40
57. 11 Geo. 4 & 1 Will. 4 Illusory Appointments The whole.
c. 46 Act 1830.
58. [Deleted, 26 of 1971, s. 76]
59. 2 & 3 Will. 4 c. 57 Charities Procedure Section 3, as amended
Act 1832. by S.L.R. 1888
(No. 2).
60. 2 & 3 Will. 4 c. 71 Prescription Act 1832. Sections 1, 2, 3, 4, 5, 6,
7 and 8, as amended
by S.L.R. 1888
(No. 2).
61. 2 & 3 Will. 4 c. 75 Anatomy Act 1832. Sections 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13,
14, 15, 18 and 19, as
amended by S.L. R.
1888 (No. 2).

62. [Deleted 26 of 1971, s. 761

63.
64. 3 & 4 Will. 4 c. 106 Inheritance Act 1833. Sections 1, 2, 3, 4, 5, 6,
7, 8 and 9, as
amended by S.L.R.
1888 (No. 2).
65. 4 & 5 Will. 4 c. 22 Apportionment Act The whole.
1834.
66. [Deleted, 32 of 1970, s. 311
67. [Deleted, 60 of 1971, s. 19]
68.[Deleted, 26 of 1971, s. 761







69. 3 & 4 Vict. c. 90 Infant Felons Act 1840. The whole.
70.[Deleted, 60 of 1971, s. 191

Note..For the relevant texts of the Acts in the Schedule, see Appendix IIA in volume 28.
Originally 2 of 1966. 36 of 1969. 26 of 1970. 32 of 1970. 1 of 1971. 26 of 1971. 53 of 1971. 58 of 1971. 60 of 1971. 56 of 1972. 62 of 1984. Short title. Interpretation. Common law and equity. Application of English enactments. Schedule. Power to amend Schedule. Saving for the Crown.

Originally 2 of 1966. 36 of 1969. 26 of 1970. 32 of 1970. 1 of 1971. 26 of 1971. 53 of 1971. 58 of 1971. 60 of 1971. 56 of 1972. 62 of 1984. Short title. Interpretation. Common law and equity. Application of English enactments. Schedule. Power to amend Schedule. Saving for the Crown.

https://oelawhk.lib.hku.hk/items/show/2406

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