INTERPRETATION ORDINANCE, 1897
Title
INTERPRETATION ORDINANCE, 1897
Description
ORDINANCE NO. 8 OF 1897.
Interpretation
AN ORDINANCE to consolidate and ament the laws relating
to the construction of ordinances, to further shorten the
language used in ordinances, and for other like purposes .
[18th November , 1897.]
be it enacted by the Govenor of Hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1. this ordinance may be cited as the interpretation ordinance, 1897. 2. in this ordinance , unless the context otherwise requires , the word
' ordinance' includes a local and personal ordinance and a private
ordinance.
existing interpretations .
3.-(1) in this ordinance and in every ordinance passed after the
22nd day of may , 1867, whether before or after the commencement of
this ordinance , unless the contratry intention appears,-
(a) words importing the masculine gender shall include females ,
and
(b) words in the sigular shall include the plural and words in
the plural shall include the sigular.
(2) the same rules shall be observed in the construction of every
enactment relating to offence punishable on summary conviction or
on indictment when the enactment is contained in an ordinance passed
before the 22nd day of May , 1867.
4-(1) in the construction of every enactment relating to an offence
punishable on summary conviction or on indictment , whether contained
in an ordinance passed before or after the commemcement of this or-
dinance , the word ' person' shall , unless the contrary intention appears
include a body corporate .
(2) where under ay ordinance , whether passed before or after the
commencement of this ordinance ,any forfeiture or penalty is payable to
a party aggrieved ,it shall be payable to a body corporate in every case
where that body is the party aggrieved .
5. in this ordinance and in every ordinance passed after the 55nd
day of May , 1867, whether before or after the commencement of this
ordinance , the following words and expressions shall , unless the
contrary intention appears,have the meanings hereby respectively
assigned to them, namely ,-
(1) the word 'governor ' shall include the officer for the time being
administering the government of the colony ;
(2) the expression 'governor-in-council' shall mean the governor
wiht the advice fo the executive council of the colony ;
(3) the word ' colony ' shall mean the colony of Hongkong and its
dependencies;
(4) the expression ' colonisl waters' shall mean the waters of the
colony;
(5) the word ' harbour' shall mean the harbour of victoria ;
(6) the expresion ' chinese authorities ' shall mean any officer fo
the chinese government acting on behalf of such government and recognized as such officer by the government of the
colony;
(7) the words 'the gazette' shall mean the Honkon government
gazette ;
(8) the expression ' prublic office ' or ' public department' shall
extend to and include every officer of department invested with or
performing duties of a public nature ,whether under the immediate
control of the governor or not ;
(9) the word ' magistrate' shall mean a police magistrate of the
colony;
(10) the expression ' emigration officer ' shall include every person
lawfully acting as emigration officer , emigration agent , or protector
of emigrants in the colony;
(11) the word ' master' shall include any person having charge of
a ship or vessel, other htan a ship of war of her majesty , a ship of
war of any foreign nation , and a hired armed vessel or transport
in her majesty'service or in the service of any foreign nation;
(12) the word ' person ' shall include a body corporate ;
(13) the expresson 'goods and chattels' shall include money , bills,
bonds notes and personal property of any kind or description what-
soever, excepjt chattels real; and
(14) the word 'month ' shall mean calendar month .
6. when reference is made in any ordinance , whether passed before
or after hte commencement fo this ordinance , to any public officer by the
term designating his office , such term shall include the officer for the
time beign executing the duties fo such office and such other officer as
may from time to time be appointed to undertake any portion of such
duties .
7. when any particular number of days is prescribed or mentioned
any ordinance , whether passed before of after the commencement of
this ordinance , for the doing of any act or for any other purpose , the
some shall, unless hte contrary intention appears , be reckoned exclusive
at the first and inclusive of the last day.
8.in every ordinance passed after the 22nd day fo May , 1867,
whether before or after the commence ment of this ordinance , the
forllowing words shall, unless the contrary intention appears , have the
meanings hereby resepectively assigned to them , that is to say , the words
' oath ' and ' affidavit' shall , in the case of persons for the time being
allowed by law to affirm or declare instead of swearing , include
affirmation and declaration , and the word ' swear' shall, in the like
case , include affirm and declare.
existing rules of construction .
9.whether an ordinance , whether passed before or after the commence-
ment of this ordinance , repeals a repealing enactment , it shall not be
construed as reviving any enactment previously repealed , unless words
are added reviving any enactment .
10.where an ordinance, whether passed befroe or after the com-
mencement of this ordinance , repeals wholly or partially any former
enactment and substites provisions for the enactment repealed , the re-
pealed enactment shall remain in force until the substituted provisions
come into operation .
11. where an ordinance , hwether passed before or after the com-
mencement of this ordinance , repeals any other enactment , then , unless
the contrary intention appears , the repeal shall not -
(1) revive anything not in force or existing at the time at which the
repeal takes effect; or
(2) affect the previous operation of any enactment so repealed or any
thing duly done or suffered under any enactment so repealed ; or
(3) affect any right, privilege, obligation , or liability acquired ,
accrued , or incurred under any enactment so repealed ; or
(4) affect any penalty , forfeiture , or punishment incurred in respect
of any offence committed against any enactment so repealed ; or
(5) affect any investigation, legal proceeding , or remedy may be
instituted , continued , or enforced , and any such penalty , forfeitures , or
punishnment may be imposed , as if the repealing ordinance had not
been passed .
new interpretations.
12. in this ordinance and in every other ordinance , whether passed
before or after the commencement of this ordinance , the following
expressions shall , unless the contrary intention appears , have the
meanings hereby respectively assigned to them, namely,-
(1) the expression ' secretary of state ' shall mean one of her
majesty's principal secretary of state for the time being ;
(2) the expression ' the admiralty' shall mean the lord high
admiral of hte united kingdom for the time being or the
commissioners for the time being executing the office of lord
high admiral of the united kingdom; (3) the expression ' the privy council' shall mean the lords and
others for the time being of her majesty's most honourable privy
council;
(4) the expression ' the board of trade ' shall mean the lords of
the committee for the time being of the privy council appointed
for the consideration of matters relating to trade and foreign
plantations; and
(5) the expression ' consular officer ' shall include consul-general ,
consul, vice-consul, consular agent , and any person for the time
being authorized to discharge the duties of consul-general,
or vice-consul.
13 in this ordinance and in every otehr ordinance ,whether passed
before or after the commencement of this ordinance , the following
expressions shall, unless the contrary intention appears , have the
meanings hereby respectively assigned to them , namely,-
(1) the expression ' high court,' when used with reference to
England or ireland ,shall mean her majesty's high court of
justice in england or ireland, as the case may be;
(2) the expression ' court of assize' shall , as respects england ,
wales,and ireland , mean a court of assize , a court of oyer and
terminer, and a court of gaol delivery , or any of them , and shall ,
as respects england and wales , include the central criminal
court ; and
(3) the expression ' the supreme court' shall mean the supreme
court of Hongkong .
14-(1) in every ordinance passed after the commencement of this
ordinance , unless the contrary intention appears , the expression 'rules
of court ,' when used in relation to any court , shall mean rules or orders
regulating the practice and procedure of such court .
15.in this ordinance and in every ordinance passed after the
commencement of this ordinance , the following words and expressions
shall, unless the contrary intention appears, have the meaning hereby
respectively assigned to them , namely-
(1) the expression ' the united kingdom ' shall mean the united
kingdom of great britain and ireland;
(2) the expression ' the british islands' shall mean the united
kingdom , the channel islands , and the isle of man (3) the expression ' the imperial parliament ' and the word ' parlia-
ment' shall respectively mean the parliament of the united
kingdom;
(4) the expression 'british possession' shall mean any part of the her
majesty's dominions exclusive of the united kingdom, and , where
parts of such dominions are under both a central and a local legis-
lature , all parts under the central legisture shall , for the purposes
of this definition , be deemed to be one british possession ;
(5) the expression 'british colony' shall mean any part of her
majesty's dominion exclusive of the british islajnds an dof british
india , and , where parts fo such dominions are under both a central
and a local legislature , all parts under the central legislature
shall, for the purposes of this difinition , be deemed to be one
colony;
(6) the expression ' british india' shall mean all territories and
places within her majesty's dominations which are for the time being
govened by her majesty through the governor-general of india
or through any governor or other officer subordinate to the gover-
nor-governor or other officer subordinate to the governor-general
of india;
(8) the word ' governor' when used with respect to canada and
india, shall mean the governor-general and include any person
who for the time being has the powers of the governor-general
and , when used with respect to any other british possession , shall
include the officer for the time being administering the government
of that possession ; and
(9) the expression ' colonial legistature ' and the word ' legislatures'
when used with reference to a british possession , shall respectively
mean the authority , other than the imperial parliament or her
majesty the queen-in-council , competent to make laws for a
british possession .
16.in this ordinance and in every ordinance passed after the com-
mencement of this ordinance ,the word 'statute' shall , unless the
contrary intention appears , mean any act of parliament or ordinance
for the time being in force in this colony , and shall include any order
of the queen-in-council , order of the governor-in-council , rule
regulation , or by-law having for the time being the force of law
therein. 17.-(1) in this ordinance and in every other ordinance , whether
passed before or after the commencement of this ordinance, the word
'commencement ,' when used with reference to an ordinance,shall mean
the time at which the ordinance comes into operation.
(2) where any ordinance passed after the commencement of this
ordinance, or any order of the governor-in-council,order , warrant,
scheme,letters patent, rules, regulations,or by-laws made , granted ,or
issued under a power conferred by any such ordinance, is or are expressed
to come into operation on a particular day, the same shall be contrued as
coming to operation immediately on the expiration of the previous day .
18. in this ordinance and in every other ordinance , whether passed
before or after the commencement of this ordinance , expression referring
to writing shall , references to printing, lithography, photography,and other
modes of representing or reproducing words in a visible form.
19. in this ordinance and in every ordinance passed after the com-
mencement of this ordinance, the words 'or,' 'other' and ' other-
wise ' shall , unless the contrary intention appears , be construed disjunc-
tively and not as implying similarity, unless the word 'similar,' or
some equivalent expression , is added .
20. in this ordinance and in every other ordinance, whether passed
before or after the commencement of this ordinance, the expression
'statutory declaration' shall, unless the contrary intention appears,
mean a declaration made by virtue of the statutory declaractions
ordinance,1893.
21. where an ordinance passed after the commencement of this ordi-
nance authorizes or requires any document to be served by post, whether
the word 'serve' or the word 'give,' or the word 'send,' or any other
word or expression is used , then,unless the contrary intention appears ,
the service shall be deemed to be effected by properly addressing , pre-
paying , 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.
new rules of construction.
22. every ordinance, whether passed before or after the commence-
ment of this ordinance, shall be a public ordinance and shall be
judicially noticed as such, unless the contrary is expressly provided by
the ordinance.
23.any ordinance may be altered , amended , or repealed in the
same session of the legislative council.
24.-(1) where an ordinance, whether passed before or after the
commencement of this ordinance, contains a short title, it shall be
sufficient , in all courts and for all other purposes whatsoever , to cite
such ordinance by its short title .
(2) in any ordinance passed after the commencement of this ordi-
nance , a description or citation of a portion of another ordinance shall ,
unless the contrary intention appears, be construed as including the
word,section, or other part mentioned or referred to as forming the
begining and as forming the end of the portion comprised in the
description or citation .
25-(1) the preamble of an ordinance, whether passed before or
after the commencement of this ordinance, may be referred to for assis-
tance in explaining the scope and object of the ordinance.
(2) every schedule or table to an ordinance, or part of an ordinances,
whether passed before or after the commencement of this ordinances,
shall , to gether wiht any notes thereto, be construed and have effect as
part of the ordinance.
26.where an ordinance , whether passed before or after the com-
mencement of this ordinance , is divided into parts ,chapters , titles, or
other divisions , the fact and particulsrs of such division shall , with or
without express mention thereof in such ordinance , be taken notice of
in all courts and for all other purposes whatsoever.
27. where a suspending clause is embodied in an ordinance , such
clause shalll be in the following form , or to the like effect:-
' this ordinance shall not come into operation unless and until the
governor notifies,by proclamation, that it is her majesty's
pleasure not to disallow the same, and thereafter it shall come
into operation upon such day as the governor shall notify by the
same or any other proclamation .'
28.in this ordinance and in every other ordinance, whether passed
before or after the commencement of this ordinance , references to the
sovereign reigning at the time of the passing of the ordinance or to the
crown shall, unless the contrary intention appears, be construed as
references to the sovereign for the time being , and this ordinance shall
be binding on the crown.
29.no ordinance ,whether passed before or after the commencement
of this ordinance , shall in any manner whatsoever affect the rights of the crown, unless it is therein expressly stated , or unless it appears by
necessary implication , that the crown is bound thereby .
30. where an act or omission constitutes an offence under two or
more ordinances or both under an ordinance and at common law ,
whether any such ordinance , the offender the commence-
ment of this ordinance, the offender shall, unless the contrary intention
appears , be liable to be prosecuted and punished under either or any of
those ordinances or at common law , but shall not be liable to be punished
twice for the same offence.
31.in the measurement of any distance for the purposes of any
ordinance passed after the commencement of this ordinance, that distance
shall , unless the contrary intention appears, be measured in a straight
line on a horizontal plane .
32.whenever any expression of time occurs in any ordinance ,deed ,
or other legal instrument, the time referred to shall, unless the contrary
intention appears , be held to be local mean time .
33.where an ordinance, whether passed before or after the com-
mencemnt of this ordinance, confers power to make, grant, or issue
any instrument, that is to say , any order-in-council , order, warrant,
scheme, letters patent, rules, regulations, or by-laws, expressions used
in the instrument , if it is made after the commencement of this ordi-
nance,shall , unless the contrary intention appears , have the same respec-
tiver meanings as in the ordinance conferring the power.
34-(1)where an ordinance passed after the commencement of
this ordinance confers a power or imposes a duty, then, unless the
contrary intention appears, the power may be exercised and the duty
shall be performed from time to time as occassion requires .
(2) where an ordinance passed after the commencement of this
ordinance confers a power or imposes a duty on the holder of an office,
as such , then , unless the contrary intention appears , the power may be
exercised and the duty shall be performed by the holder for the time
being of the office.
35 where an ordinance passed after the commencement of this
ordinance is not to come into operation immediately on the passing
thereof , and confers power to make any appointment , to make , grant,
or issue any istrument, that is to say , any order-in-council , order ,
warrant, scheme, letter patent, rules , regulations , or by-laws , to give
notice , to prescibe forms,or to do any other thing for the purposes of
the ordinance , that power may , unless the contrary intention appears ,
be exercised at any time after the passing of the ordinance , so far as
may be necessary or expedient for the purpose of bringing the ordinance
into operation at hte date of the commencement thereof, subject to this
restriction , that any instrument made under the power shall not ,unless
the contrary intention appears in the ordinance or the contrary is
necessary for bringing the ordinance into operation, come into operation
until the ordinance comes into operation.
36.-(1) where an ordinance ,whether passed before or after the
commencement of this ordinance , confers power upon any authority to
make rules , the following provisions shall, unless the contrary intention
appears ,have effect wiht reference to the making and operation of such
rules:-
(a) any rule may be at time amended , varied , rescinded , or
revoked by the same authority and in the same manner by and
in which it was made ;
(b) there may be annexed to the breach of any rule such penalty ,
not exceeding twenty -five dollars , as the rule-making authority
may think fit , and any such penalty may be sued for and recover-
ed under any ordinance for the time being in force relating to
teh exercise fo summary jurisdiction by magistrates;
(c) no rule shall be inconsistent with the provisioons of any or-
dinance;
(d) all rule shall be published in the gazette and shall have the
force fo law ; and
(e) the production of a copy of the gazette containing any rule, or
of any copy of any rule purporting to be printed by the govern-
ment printer, shall be prima facie evidence,in all courts and
for all other purposes whatsoever , of the due making and tenor
of such rule .
(2) in this section , the word 'rules' includes rules and regulations,
regulations, and by-laws.
37. where this ordinance, or any ordinance passed after the com-
mencement of this ordinance , repeals and re-enacts, with or without
modification, any provisios of a former ordinance , references in any
other ordinance to the provision so repealed shall , unless the contrary
intention appears , be construed as references to the provisions so re-
enacted.
38. the rules of interpretation and construction herein contained
with respect to ordinance shall, unless the contrary intention appears ,
apply , mutatis mutandis and so far as they are not inapplicable thereto ,
to other statues, except acts of parliament , in the same manner by and
to the same extent as they apply to ordinances. provisions as to acts of parliament .
39.-(1) in any ordinance,instrument, or document, an act of
parliament may be cited by reference to the title ,if any ,of the
act,either with or without a reference to the chapter or by reference to
the regnal year in which the act was passed , and , where there are more
statutes or sessions than one in the same regnal year, by reference to the
statutes or the session,as the case may require, and, where there are more
chapters than one , by reference to the chapter, and any enactment may
be cited by reference to the section or sub-section of the act in which
the enactment is contained .
(2) where any ordinance passed after the commencement of this
ordinance contains such reference as aforesaid, the refernce shall , unless
a contrary intention appears, be read as referring ,in the case of statutes
included in any revised edition of the statutes purporting to be printed
by authority , to that edition ; and in the case of statutes not so included ,
and passed before the reign of king george the first, to the edition pre-
pared under the direction of the record commission; and in other
cases to the copies of the statutes purporting to be printed by the
queen's printer or under the superintendence or authority of her
majecty's stationery office .
(3) in any ordinance passed after the commencement of this ordi-
nance, a description or citation of a portion of an act of parliament
shall,unless the contrary intention appears , be construed as including
the word , section, or other part mentioned or referred to as forming the
begining and as forming the end of the portion comprised in the
description or citation .
40-(1) where by any ordinance, whether passed before or after
the commencement of this ordinance, an act of parliament , or any
portion of an act, is declared to extend to this colony,such act or
portion of an act shall , unless the contrary intention appears , be deemed
to extend to the colony so far only as local laws and circumstances
permit ;and , in applying such act or portion of an act, it shall be con-
strued with such verbal alteration , not affecting the substance,as may
be neccessary to render the same applicable to the particular matter in
question .
(2)a judge of the supreme court ,or any officer or functinary
exerising functions analogous to the functions of any judge, officer ,
or functionary referred to in such act or portion of an act, shall be
deemed to be within the meaning of the enactment thereof relating to
such last-mentioned judge, officer ,or functionary .
saving.
41. The provisions of this or ordinance repecting the construction of
ordinances passed after the commencement of this ordinance shall not
affect the construction of any ordinance passed before the commence-
ment of this ordinance, although it is continued or amended by an
ordinance passed after such commencement.
A.D. 1897. Ordinance No. 24 of 1897. Short title. Interpretation of term. Rules as to gender and number. Application of penal enactments to bodies corporate. Interpretation of certain words and expressions in Ordinances passed after 22nd May, 1867. Construction of reference to public officer in past and future Ordinances. Rules for computation of time in past and future Ordinances. Meaning of 'oath,' 'swear,' and 'affidavit' in Ordinances passed after 22nd May, 1867. Effect of repeal of a repealing enactment. Effect of a repealing Ordinance which substitutes new provisions. General savings in cases of repeal by past or future Ordinances. Official definitions in past and future Ordinances. Judicial definitions in past and future Ordinances. Meaning of 'rule of court' in future Ordinances. Geographical and colonial definitions in future Ordinances. Meaning of 'statute' in future Ordinances. Meaning of 'commencement' in past and future Ordinance. Meaning of 'writing' in past and future Ordinances. Meaning of 'or' and similar words in future Ordinances. Meaning of 'statutory declaration' in past and future Ordinance. 5 & 6 Will. 4.c. 62. No. 8 of 1893. Meaning 'service by post' in future Ordinances. Ordinances to be public Ordinances. Amendment or repeal of Ordinance in same session. Mode of citing past and future Ordinances. Construction of preamble, etc., in past and future Ordinances. Division of Ordinance into pasts, etc. Form of suspending clause. References to the Crown in past and future Ordinances. General saving of rights of the Crown. Provisions as to offences under two or more or laws. Measurement of distances for purposes of future Ordinances. Meaning of expression of time. Construction of statutory rules, etc. Construction of provisions as to exercise of statutory powers and performance of statutory duties. Exercise of statutory powers between passing and commencement of future Ordinances. General provisions with respect to power given to any authority to make rules. See Ordinance No. 3 of 1890. References to repealed enactments. Application of rules of interpretation, etc., to statutes generally. Mode of citing Acts of Parliament. Construction of Act of Parliament when extended to the Colony. Saving for past Ordinances.
Interpretation
AN ORDINANCE to consolidate and ament the laws relating
to the construction of ordinances, to further shorten the
language used in ordinances, and for other like purposes .
[18th November , 1897.]
be it enacted by the Govenor of Hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1. this ordinance may be cited as the interpretation ordinance, 1897. 2. in this ordinance , unless the context otherwise requires , the word
' ordinance' includes a local and personal ordinance and a private
ordinance.
existing interpretations .
3.-(1) in this ordinance and in every ordinance passed after the
22nd day of may , 1867, whether before or after the commencement of
this ordinance , unless the contratry intention appears,-
(a) words importing the masculine gender shall include females ,
and
(b) words in the sigular shall include the plural and words in
the plural shall include the sigular.
(2) the same rules shall be observed in the construction of every
enactment relating to offence punishable on summary conviction or
on indictment when the enactment is contained in an ordinance passed
before the 22nd day of May , 1867.
4-(1) in the construction of every enactment relating to an offence
punishable on summary conviction or on indictment , whether contained
in an ordinance passed before or after the commemcement of this or-
dinance , the word ' person' shall , unless the contrary intention appears
include a body corporate .
(2) where under ay ordinance , whether passed before or after the
commencement of this ordinance ,any forfeiture or penalty is payable to
a party aggrieved ,it shall be payable to a body corporate in every case
where that body is the party aggrieved .
5. in this ordinance and in every ordinance passed after the 55nd
day of May , 1867, whether before or after the commencement of this
ordinance , the following words and expressions shall , unless the
contrary intention appears,have the meanings hereby respectively
assigned to them, namely ,-
(1) the word 'governor ' shall include the officer for the time being
administering the government of the colony ;
(2) the expression 'governor-in-council' shall mean the governor
wiht the advice fo the executive council of the colony ;
(3) the word ' colony ' shall mean the colony of Hongkong and its
dependencies;
(4) the expression ' colonisl waters' shall mean the waters of the
colony;
(5) the word ' harbour' shall mean the harbour of victoria ;
(6) the expresion ' chinese authorities ' shall mean any officer fo
the chinese government acting on behalf of such government and recognized as such officer by the government of the
colony;
(7) the words 'the gazette' shall mean the Honkon government
gazette ;
(8) the expression ' prublic office ' or ' public department' shall
extend to and include every officer of department invested with or
performing duties of a public nature ,whether under the immediate
control of the governor or not ;
(9) the word ' magistrate' shall mean a police magistrate of the
colony;
(10) the expression ' emigration officer ' shall include every person
lawfully acting as emigration officer , emigration agent , or protector
of emigrants in the colony;
(11) the word ' master' shall include any person having charge of
a ship or vessel, other htan a ship of war of her majesty , a ship of
war of any foreign nation , and a hired armed vessel or transport
in her majesty'service or in the service of any foreign nation;
(12) the word ' person ' shall include a body corporate ;
(13) the expresson 'goods and chattels' shall include money , bills,
bonds notes and personal property of any kind or description what-
soever, excepjt chattels real; and
(14) the word 'month ' shall mean calendar month .
6. when reference is made in any ordinance , whether passed before
or after hte commencement fo this ordinance , to any public officer by the
term designating his office , such term shall include the officer for the
time beign executing the duties fo such office and such other officer as
may from time to time be appointed to undertake any portion of such
duties .
7. when any particular number of days is prescribed or mentioned
any ordinance , whether passed before of after the commencement of
this ordinance , for the doing of any act or for any other purpose , the
some shall, unless hte contrary intention appears , be reckoned exclusive
at the first and inclusive of the last day.
8.in every ordinance passed after the 22nd day fo May , 1867,
whether before or after the commence ment of this ordinance , the
forllowing words shall, unless the contrary intention appears , have the
meanings hereby resepectively assigned to them , that is to say , the words
' oath ' and ' affidavit' shall , in the case of persons for the time being
allowed by law to affirm or declare instead of swearing , include
affirmation and declaration , and the word ' swear' shall, in the like
case , include affirm and declare.
existing rules of construction .
9.whether an ordinance , whether passed before or after the commence-
ment of this ordinance , repeals a repealing enactment , it shall not be
construed as reviving any enactment previously repealed , unless words
are added reviving any enactment .
10.where an ordinance, whether passed befroe or after the com-
mencement of this ordinance , repeals wholly or partially any former
enactment and substites provisions for the enactment repealed , the re-
pealed enactment shall remain in force until the substituted provisions
come into operation .
11. where an ordinance , hwether passed before or after the com-
mencement of this ordinance , repeals any other enactment , then , unless
the contrary intention appears , the repeal shall not -
(1) revive anything not in force or existing at the time at which the
repeal takes effect; or
(2) affect the previous operation of any enactment so repealed or any
thing duly done or suffered under any enactment so repealed ; or
(3) affect any right, privilege, obligation , or liability acquired ,
accrued , or incurred under any enactment so repealed ; or
(4) affect any penalty , forfeiture , or punishment incurred in respect
of any offence committed against any enactment so repealed ; or
(5) affect any investigation, legal proceeding , or remedy may be
instituted , continued , or enforced , and any such penalty , forfeitures , or
punishnment may be imposed , as if the repealing ordinance had not
been passed .
new interpretations.
12. in this ordinance and in every other ordinance , whether passed
before or after the commencement of this ordinance , the following
expressions shall , unless the contrary intention appears , have the
meanings hereby respectively assigned to them, namely,-
(1) the expression ' secretary of state ' shall mean one of her
majesty's principal secretary of state for the time being ;
(2) the expression ' the admiralty' shall mean the lord high
admiral of hte united kingdom for the time being or the
commissioners for the time being executing the office of lord
high admiral of the united kingdom; (3) the expression ' the privy council' shall mean the lords and
others for the time being of her majesty's most honourable privy
council;
(4) the expression ' the board of trade ' shall mean the lords of
the committee for the time being of the privy council appointed
for the consideration of matters relating to trade and foreign
plantations; and
(5) the expression ' consular officer ' shall include consul-general ,
consul, vice-consul, consular agent , and any person for the time
being authorized to discharge the duties of consul-general,
or vice-consul.
13 in this ordinance and in every otehr ordinance ,whether passed
before or after the commencement of this ordinance , the following
expressions shall, unless the contrary intention appears , have the
meanings hereby respectively assigned to them , namely,-
(1) the expression ' high court,' when used with reference to
England or ireland ,shall mean her majesty's high court of
justice in england or ireland, as the case may be;
(2) the expression ' court of assize' shall , as respects england ,
wales,and ireland , mean a court of assize , a court of oyer and
terminer, and a court of gaol delivery , or any of them , and shall ,
as respects england and wales , include the central criminal
court ; and
(3) the expression ' the supreme court' shall mean the supreme
court of Hongkong .
14-(1) in every ordinance passed after the commencement of this
ordinance , unless the contrary intention appears , the expression 'rules
of court ,' when used in relation to any court , shall mean rules or orders
regulating the practice and procedure of such court .
15.in this ordinance and in every ordinance passed after the
commencement of this ordinance , the following words and expressions
shall, unless the contrary intention appears, have the meaning hereby
respectively assigned to them , namely-
(1) the expression ' the united kingdom ' shall mean the united
kingdom of great britain and ireland;
(2) the expression ' the british islands' shall mean the united
kingdom , the channel islands , and the isle of man (3) the expression ' the imperial parliament ' and the word ' parlia-
ment' shall respectively mean the parliament of the united
kingdom;
(4) the expression 'british possession' shall mean any part of the her
majesty's dominions exclusive of the united kingdom, and , where
parts of such dominions are under both a central and a local legis-
lature , all parts under the central legisture shall , for the purposes
of this definition , be deemed to be one british possession ;
(5) the expression 'british colony' shall mean any part of her
majesty's dominion exclusive of the british islajnds an dof british
india , and , where parts fo such dominions are under both a central
and a local legislature , all parts under the central legislature
shall, for the purposes of this difinition , be deemed to be one
colony;
(6) the expression ' british india' shall mean all territories and
places within her majesty's dominations which are for the time being
govened by her majesty through the governor-general of india
or through any governor or other officer subordinate to the gover-
nor-governor or other officer subordinate to the governor-general
of india;
(8) the word ' governor' when used with respect to canada and
india, shall mean the governor-general and include any person
who for the time being has the powers of the governor-general
and , when used with respect to any other british possession , shall
include the officer for the time being administering the government
of that possession ; and
(9) the expression ' colonial legistature ' and the word ' legislatures'
when used with reference to a british possession , shall respectively
mean the authority , other than the imperial parliament or her
majesty the queen-in-council , competent to make laws for a
british possession .
16.in this ordinance and in every ordinance passed after the com-
mencement of this ordinance ,the word 'statute' shall , unless the
contrary intention appears , mean any act of parliament or ordinance
for the time being in force in this colony , and shall include any order
of the queen-in-council , order of the governor-in-council , rule
regulation , or by-law having for the time being the force of law
therein. 17.-(1) in this ordinance and in every other ordinance , whether
passed before or after the commencement of this ordinance, the word
'commencement ,' when used with reference to an ordinance,shall mean
the time at which the ordinance comes into operation.
(2) where any ordinance passed after the commencement of this
ordinance, or any order of the governor-in-council,order , warrant,
scheme,letters patent, rules, regulations,or by-laws made , granted ,or
issued under a power conferred by any such ordinance, is or are expressed
to come into operation on a particular day, the same shall be contrued as
coming to operation immediately on the expiration of the previous day .
18. in this ordinance and in every other ordinance , whether passed
before or after the commencement of this ordinance , expression referring
to writing shall , references to printing, lithography, photography,and other
modes of representing or reproducing words in a visible form.
19. in this ordinance and in every ordinance passed after the com-
mencement of this ordinance, the words 'or,' 'other' and ' other-
wise ' shall , unless the contrary intention appears , be construed disjunc-
tively and not as implying similarity, unless the word 'similar,' or
some equivalent expression , is added .
20. in this ordinance and in every other ordinance, whether passed
before or after the commencement of this ordinance, the expression
'statutory declaration' shall, unless the contrary intention appears,
mean a declaration made by virtue of the statutory declaractions
ordinance,1893.
21. where an ordinance passed after the commencement of this ordi-
nance authorizes or requires any document to be served by post, whether
the word 'serve' or the word 'give,' or the word 'send,' or any other
word or expression is used , then,unless the contrary intention appears ,
the service shall be deemed to be effected by properly addressing , pre-
paying , 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.
new rules of construction.
22. every ordinance, whether passed before or after the commence-
ment of this ordinance, shall be a public ordinance and shall be
judicially noticed as such, unless the contrary is expressly provided by
the ordinance.
23.any ordinance may be altered , amended , or repealed in the
same session of the legislative council.
24.-(1) where an ordinance, whether passed before or after the
commencement of this ordinance, contains a short title, it shall be
sufficient , in all courts and for all other purposes whatsoever , to cite
such ordinance by its short title .
(2) in any ordinance passed after the commencement of this ordi-
nance , a description or citation of a portion of another ordinance shall ,
unless the contrary intention appears, be construed as including the
word,section, or other part mentioned or referred to as forming the
begining and as forming the end of the portion comprised in the
description or citation .
25-(1) the preamble of an ordinance, whether passed before or
after the commencement of this ordinance, may be referred to for assis-
tance in explaining the scope and object of the ordinance.
(2) every schedule or table to an ordinance, or part of an ordinances,
whether passed before or after the commencement of this ordinances,
shall , to gether wiht any notes thereto, be construed and have effect as
part of the ordinance.
26.where an ordinance , whether passed before or after the com-
mencement of this ordinance , is divided into parts ,chapters , titles, or
other divisions , the fact and particulsrs of such division shall , with or
without express mention thereof in such ordinance , be taken notice of
in all courts and for all other purposes whatsoever.
27. where a suspending clause is embodied in an ordinance , such
clause shalll be in the following form , or to the like effect:-
' this ordinance shall not come into operation unless and until the
governor notifies,by proclamation, that it is her majesty's
pleasure not to disallow the same, and thereafter it shall come
into operation upon such day as the governor shall notify by the
same or any other proclamation .'
28.in this ordinance and in every other ordinance, whether passed
before or after the commencement of this ordinance , references to the
sovereign reigning at the time of the passing of the ordinance or to the
crown shall, unless the contrary intention appears, be construed as
references to the sovereign for the time being , and this ordinance shall
be binding on the crown.
29.no ordinance ,whether passed before or after the commencement
of this ordinance , shall in any manner whatsoever affect the rights of the crown, unless it is therein expressly stated , or unless it appears by
necessary implication , that the crown is bound thereby .
30. where an act or omission constitutes an offence under two or
more ordinances or both under an ordinance and at common law ,
whether any such ordinance , the offender the commence-
ment of this ordinance, the offender shall, unless the contrary intention
appears , be liable to be prosecuted and punished under either or any of
those ordinances or at common law , but shall not be liable to be punished
twice for the same offence.
31.in the measurement of any distance for the purposes of any
ordinance passed after the commencement of this ordinance, that distance
shall , unless the contrary intention appears, be measured in a straight
line on a horizontal plane .
32.whenever any expression of time occurs in any ordinance ,deed ,
or other legal instrument, the time referred to shall, unless the contrary
intention appears , be held to be local mean time .
33.where an ordinance, whether passed before or after the com-
mencemnt of this ordinance, confers power to make, grant, or issue
any instrument, that is to say , any order-in-council , order, warrant,
scheme, letters patent, rules, regulations, or by-laws, expressions used
in the instrument , if it is made after the commencement of this ordi-
nance,shall , unless the contrary intention appears , have the same respec-
tiver meanings as in the ordinance conferring the power.
34-(1)where an ordinance passed after the commencement of
this ordinance confers a power or imposes a duty, then, unless the
contrary intention appears, the power may be exercised and the duty
shall be performed from time to time as occassion requires .
(2) where an ordinance passed after the commencement of this
ordinance confers a power or imposes a duty on the holder of an office,
as such , then , unless the contrary intention appears , the power may be
exercised and the duty shall be performed by the holder for the time
being of the office.
35 where an ordinance passed after the commencement of this
ordinance is not to come into operation immediately on the passing
thereof , and confers power to make any appointment , to make , grant,
or issue any istrument, that is to say , any order-in-council , order ,
warrant, scheme, letter patent, rules , regulations , or by-laws , to give
notice , to prescibe forms,or to do any other thing for the purposes of
the ordinance , that power may , unless the contrary intention appears ,
be exercised at any time after the passing of the ordinance , so far as
may be necessary or expedient for the purpose of bringing the ordinance
into operation at hte date of the commencement thereof, subject to this
restriction , that any instrument made under the power shall not ,unless
the contrary intention appears in the ordinance or the contrary is
necessary for bringing the ordinance into operation, come into operation
until the ordinance comes into operation.
36.-(1) where an ordinance ,whether passed before or after the
commencement of this ordinance , confers power upon any authority to
make rules , the following provisions shall, unless the contrary intention
appears ,have effect wiht reference to the making and operation of such
rules:-
(a) any rule may be at time amended , varied , rescinded , or
revoked by the same authority and in the same manner by and
in which it was made ;
(b) there may be annexed to the breach of any rule such penalty ,
not exceeding twenty -five dollars , as the rule-making authority
may think fit , and any such penalty may be sued for and recover-
ed under any ordinance for the time being in force relating to
teh exercise fo summary jurisdiction by magistrates;
(c) no rule shall be inconsistent with the provisioons of any or-
dinance;
(d) all rule shall be published in the gazette and shall have the
force fo law ; and
(e) the production of a copy of the gazette containing any rule, or
of any copy of any rule purporting to be printed by the govern-
ment printer, shall be prima facie evidence,in all courts and
for all other purposes whatsoever , of the due making and tenor
of such rule .
(2) in this section , the word 'rules' includes rules and regulations,
regulations, and by-laws.
37. where this ordinance, or any ordinance passed after the com-
mencement of this ordinance , repeals and re-enacts, with or without
modification, any provisios of a former ordinance , references in any
other ordinance to the provision so repealed shall , unless the contrary
intention appears , be construed as references to the provisions so re-
enacted.
38. the rules of interpretation and construction herein contained
with respect to ordinance shall, unless the contrary intention appears ,
apply , mutatis mutandis and so far as they are not inapplicable thereto ,
to other statues, except acts of parliament , in the same manner by and
to the same extent as they apply to ordinances. provisions as to acts of parliament .
39.-(1) in any ordinance,instrument, or document, an act of
parliament may be cited by reference to the title ,if any ,of the
act,either with or without a reference to the chapter or by reference to
the regnal year in which the act was passed , and , where there are more
statutes or sessions than one in the same regnal year, by reference to the
statutes or the session,as the case may require, and, where there are more
chapters than one , by reference to the chapter, and any enactment may
be cited by reference to the section or sub-section of the act in which
the enactment is contained .
(2) where any ordinance passed after the commencement of this
ordinance contains such reference as aforesaid, the refernce shall , unless
a contrary intention appears, be read as referring ,in the case of statutes
included in any revised edition of the statutes purporting to be printed
by authority , to that edition ; and in the case of statutes not so included ,
and passed before the reign of king george the first, to the edition pre-
pared under the direction of the record commission; and in other
cases to the copies of the statutes purporting to be printed by the
queen's printer or under the superintendence or authority of her
majecty's stationery office .
(3) in any ordinance passed after the commencement of this ordi-
nance, a description or citation of a portion of an act of parliament
shall,unless the contrary intention appears , be construed as including
the word , section, or other part mentioned or referred to as forming the
begining and as forming the end of the portion comprised in the
description or citation .
40-(1) where by any ordinance, whether passed before or after
the commencement of this ordinance, an act of parliament , or any
portion of an act, is declared to extend to this colony,such act or
portion of an act shall , unless the contrary intention appears , be deemed
to extend to the colony so far only as local laws and circumstances
permit ;and , in applying such act or portion of an act, it shall be con-
strued with such verbal alteration , not affecting the substance,as may
be neccessary to render the same applicable to the particular matter in
question .
(2)a judge of the supreme court ,or any officer or functinary
exerising functions analogous to the functions of any judge, officer ,
or functionary referred to in such act or portion of an act, shall be
deemed to be within the meaning of the enactment thereof relating to
such last-mentioned judge, officer ,or functionary .
saving.
41. The provisions of this or ordinance repecting the construction of
ordinances passed after the commencement of this ordinance shall not
affect the construction of any ordinance passed before the commence-
ment of this ordinance, although it is continued or amended by an
ordinance passed after such commencement.
A.D. 1897. Ordinance No. 24 of 1897. Short title. Interpretation of term. Rules as to gender and number. Application of penal enactments to bodies corporate. Interpretation of certain words and expressions in Ordinances passed after 22nd May, 1867. Construction of reference to public officer in past and future Ordinances. Rules for computation of time in past and future Ordinances. Meaning of 'oath,' 'swear,' and 'affidavit' in Ordinances passed after 22nd May, 1867. Effect of repeal of a repealing enactment. Effect of a repealing Ordinance which substitutes new provisions. General savings in cases of repeal by past or future Ordinances. Official definitions in past and future Ordinances. Judicial definitions in past and future Ordinances. Meaning of 'rule of court' in future Ordinances. Geographical and colonial definitions in future Ordinances. Meaning of 'statute' in future Ordinances. Meaning of 'commencement' in past and future Ordinance. Meaning of 'writing' in past and future Ordinances. Meaning of 'or' and similar words in future Ordinances. Meaning of 'statutory declaration' in past and future Ordinance. 5 & 6 Will. 4.c. 62. No. 8 of 1893. Meaning 'service by post' in future Ordinances. Ordinances to be public Ordinances. Amendment or repeal of Ordinance in same session. Mode of citing past and future Ordinances. Construction of preamble, etc., in past and future Ordinances. Division of Ordinance into pasts, etc. Form of suspending clause. References to the Crown in past and future Ordinances. General saving of rights of the Crown. Provisions as to offences under two or more or laws. Measurement of distances for purposes of future Ordinances. Meaning of expression of time. Construction of statutory rules, etc. Construction of provisions as to exercise of statutory powers and performance of statutory duties. Exercise of statutory powers between passing and commencement of future Ordinances. General provisions with respect to power given to any authority to make rules. See Ordinance No. 3 of 1890. References to repealed enactments. Application of rules of interpretation, etc., to statutes generally. Mode of citing Acts of Parliament. Construction of Act of Parliament when extended to the Colony. Saving for past Ordinances.
Abstract
A.D. 1897. Ordinance No. 24 of 1897. Short title. Interpretation of term. Rules as to gender and number. Application of penal enactments to bodies corporate. Interpretation of certain words and expressions in Ordinances passed after 22nd May, 1867. Construction of reference to public officer in past and future Ordinances. Rules for computation of time in past and future Ordinances. Meaning of 'oath,' 'swear,' and 'affidavit' in Ordinances passed after 22nd May, 1867. Effect of repeal of a repealing enactment. Effect of a repealing Ordinance which substitutes new provisions. General savings in cases of repeal by past or future Ordinances. Official definitions in past and future Ordinances. Judicial definitions in past and future Ordinances. Meaning of 'rule of court' in future Ordinances. Geographical and colonial definitions in future Ordinances. Meaning of 'statute' in future Ordinances. Meaning of 'commencement' in past and future Ordinance. Meaning of 'writing' in past and future Ordinances. Meaning of 'or' and similar words in future Ordinances. Meaning of 'statutory declaration' in past and future Ordinance. 5 & 6 Will. 4.c. 62. No. 8 of 1893. Meaning 'service by post' in future Ordinances. Ordinances to be public Ordinances. Amendment or repeal of Ordinance in same session. Mode of citing past and future Ordinances. Construction of preamble, etc., in past and future Ordinances. Division of Ordinance into pasts, etc. Form of suspending clause. References to the Crown in past and future Ordinances. General saving of rights of the Crown. Provisions as to offences under two or more or laws. Measurement of distances for purposes of future Ordinances. Meaning of expression of time. Construction of statutory rules, etc. Construction of provisions as to exercise of statutory powers and performance of statutory duties. Exercise of statutory powers between passing and commencement of future Ordinances. General provisions with respect to power given to any authority to make rules. See Ordinance No. 3 of 1890. References to repealed enactments. Application of rules of interpretation, etc., to statutes generally. Mode of citing Acts of Parliament. Construction of Act of Parliament when extended to the Colony. Saving for past Ordinances.
Identifier
https://oelawhk.lib.hku.hk/items/show/703
Edition
1901
Volume
v2
Subsequent Cap No.
1
Cap / Ordinance No.
No. 8 of 1897
Number of Pages
12
Files
Collection
Historical Laws of Hong Kong Online
Citation
“INTERPRETATION ORDINANCE, 1897,” Historical Laws of Hong Kong Online, accessed November 19, 2024, https://oelawhk.lib.hku.hk/items/show/703.
