INTERPRETATION ORDINANCE, 1911

INTERPRETATION ORDINANCE, 1911

No. 31 of 1911.
To amend and codify the law as to the Interpretation of Terms
and as to Common Forms used in Ordinances.

[In force on Proclamation of New Revised Edition.]

1. The Interpretation Ordinance, 1911.

2. This Ordinance shall apply to the Colonly of Bongkong and its
dependencies, including the New Territories, unless it is otherwise
expressed.

PART I.
Of Ordinances Generally.
3. All Ordinances now in force and all future Ordinances shall,
except as provided by section 4 of Ordinance No. 34 id 1910, extend
to the New Territories unless it otherwise appear from express
provision or by necessary implication.

4. The provisions of this Ordinance shall apply-

As atnended by No. 43 of 1912.
As amended by No. 8 of 1912.





(a) to this Ordinance and to all ftiture Ordinances iniless the con-
trary intention appear;

(b) to Ordinances now in force wiless otherwise expressly herein
provided.

5. Every Ord Mance shall, imless (Aberwise provided therein,
come into operation on the day of its pnlolication in the Gazette.

rsee. 6, rcp. No. 43 of 191.2.1


7. The word' commencement, or , when. used with relerence to any
enactment, shall mean the day on which the enactment comes into
operation.

8. Where any enactment, or any proclamation, notice, order,
warrant, scheme, or letters patent, made, granted, or issued, under

a power conferred by any enactment, or by any competent authority,
is expressed to come into operation on a particular day, the same
shall be construed as coming into operation on the expiration of
the previous day.

9. Where the operation of any Ordinance is suspended and
confers power to make any appointment, to inake, grant, or issue
any instrument, to giive notice, to prescribe forms, or to do any other
thing for the purpose of bringing the Ordinance into operation, that
power may be exercised before the Ordinance cornes into operation.

10.-(1) In all Ordinances there shall be a short title, and in all.
references to Ordinances in any enactment or in any legal document
it shall be sufficient, btit not essential. to mention the short title
thereto, together with the jitiniber of the section referred to.

(2) Where, however, the short title is not used, it shall be lawful
to indicate any Ordinance referred to as aforesaid by the serial
number of the year in which it was passed, together with such
year, and the number of the section referred to, as the same appear
in the copy deposited in the Registry of the Supreme Court.

(3) In the case of Ordinances inchided in Sir John Carrington's
Revised Edition ' of the Laws of Hongkong the numbers both
of the year and the section shall be those given to them respectively

As amended by No. 8 of 1912.
As arnended by 'No. 8 of 1912 and Xo. 43 of 1912.





in the said Revised Edition in so far as they are perpetnated in the
New Revised Eldition prepared under Ordinance No. 19 of 1911,
but the reference shall be taken to be to such New Revised Edition.

~4) Where such reference includes the description or citation of
a portion of another Ordinance it shall, unless the contrary intelition
appear, be construed as including the word, section, or other part
mentioned or referred to as forming the beginning and as forming
the end of the portion comprised in the description or citation.

(5) Where the reference to any Ordinanc is to any ---line--- ill
any section thereof, it shall be held to refer, in the ease of Ordi-
nances included in the _Yew Revised Edition prepared tinder
Ordinance No. 19 of 1911, to the line ol stich section as printed
therein; and in the case of Ordinances passed after tbe year 191-2,
to the line of such section as printed in the copy deposited in the
Registry of the Suprerne Court.

PART 11.
Of Repeals.
11-(1)Where any Ordinance repeals wholly or in part any
former enactment and substitutes other provisions therefor, the
repealed enactmetn shall remain in force until the substituted pro-
visions come into operation.

(2) Where any Ordinance, or any part of an Ordinance, is
repealed, all proclamations. orders, notices, rules, and regulations,
issued or made in -virtue thereof shall remain in force, so far as they
are not inconsistent with the provisions of the repealing Ordinance,
and, unless, the contrary intention appear, until they shall have.
ibeen repealed or have been replaced by proclamations, orders, no-
tices, rules, or regulations, as the case may be, issued or made under
the provisions of the said repealing Ordinance.

12. The.repeal of any enactment shall not, unless the contrary
intention appear,-
(a) revive anything not in force or existing at the time at which
the repeal takes effect : or
(b) affect the previous operation of any enactment so repealed,
or anything duly done or sulfered undet any enactment so repealed
or

It





(c) affect any right, privilege, obligation, or liability acquird
accrued, or incurred under any enactment so repealed; or

(d) affect any penalty, forfeiture, or punishment incurred in
respect of any offence coninutted aerainst any enactment so repealed;
or

(e) affect any investigation, legal proceeding, or remedy 'm res-
pect of any such right, privilege, obligation, liability, penalty,
forfeiture, or punishment as aforesaid; and any such investigation,
legal proceeding, or remedy inay bc instituted, continued, or
enforced, and any such penalty, forfeiture, or punishment may be
imposed, as if the repeating Ordinance had not been passed.

Provided that where the penalty, forfeiture, or punishment im
posed by the repealing Ordinance is heavier than that imposed by
the repeated enactment, the provisions by which the lighter penalty,
forfeiture, or punishment is imposed shall, unless such repealing
enactment otherwise provides, be applied if the Court decides to
inflict any punishment.

13. When any Ordinance which repeals in whole or in part any
earlier Ordinance is itself repealed, such last repeal shall not be Con-
strued as reviving the enactment previously repealed, unless such
revival be expressly enacted.

14.Where any Ordinance repeals and re-enacts, with or without
modification, any provisions of a former Ordinance, references in
anly other Ordinance to the provisions so repealed, shall unless the
contrary intention appear, be construed as references to the pro-
visions so re-enacted.

15. Where any statute of the Imperial Parliament repeals and
re-enacts, with or without modification, any provisions of a former
statute of the Imperial Parliament, references in any Ordinance to
the provisions so repealed, shall, unless there is any provision in the
repealing statute from which the contrarv intention shall appear, be
construed as references to the provisions so re-enacted.

16. Any Ordinance which aniends, repeals, or adds to, the pro-
visions of a former Ordinance shall, unless the contrary intention
appear, be read and construed as forming part of the Ordinance so
affected.





17. Whenever any enactilient shall be disallowed by His
such disallowance shall be notified by the Governor in the Gazette;
and from and after the date of such notification, the enactment,
and all proclamations, orders, notices, rules, regulations, or other
like documents made thereunder shall cease to have efrect.
Provided always that the provisions of section 12 shall apply to
such disallowance as if the words 'disallowance' and -disallowed-
were read therein in lieu of the words 'repeal' and ---repealed
respectively; with this exception only, that any enactment repealed,
modified, or aniended b any enactment disallowed, logether with

all proclamations, orders, notices, rules, regulations, or otlier like
documents made under such previous enactment, sliall revive and
continue in force in therie original as frotn the. date. of the sald
notification.

The expi.ession ---disallowance--- shall. include the, of

His Majesty's pleasure not to allow any Ordinance.

PART III.

Geveral Provilsi'oit.S.
18. Every Ordinance shall be a public Ordinance, and shall be
judicially noticed as such, unless the contrary is expressly proylided
by the Ordinance.

19. Every section of an Ordinance shall. have, efteet as a substall
tive enactinelit withont introdtictory words.

20. Ever schedule to or Table In any Ordinance, shall, together.

with ally notes thereto, be construed and have as part of the

Ordinance.

21. Where an Ordinance is divided into Parts, Chapters, Titles,
or other sub-divisions, the fact and particulars of such divisioll shall,
with or without express mention thereof in such Ordinance, be
taken notice of in all Courts and for all other purposes whatsoever.

22. References to the Sovereign in any Ordinance, or to the
Crown, shall unless the contrary intention appear or the context
otherwise require, be construed as references to the Sovereign for
the time being, and it shall not be necessary to refer to or include
the Sovereign's Heirs and Successors.

As amended by No. 8 of 1912.
As ainended by No. 8 of 1912 and No. 48 of 1912.





23. No Ordinance shall be binding on the Crown, or shall in any
manner affect the rights of the Crown, unless it is so provided in
express terins.

This Ordinance shall be binding on the Crown.

24. Where any Ordinance confers a power or imposes a duty,
then, unless the contrary intention appear, the power. may be
exercised and the ditty shall be performed from time to ~time as
occasion requires.

25-(1)Where reference is made to any person by the term
designating his office, such terin shall include the. person for the

time being exeeuitlnl- the duties of such office, as well as such
other person as iiiay Lie appointed to perform any portion of such
duties.

(2) Where any Ordinatice confers a power or privilege, or imposes
a duty on the holder of any office. -is such, then, unless the contrary
intention appear, the power way bc exercised and the duty shall
or niaN, be Performed, as the ease may be, by the holder of the
office for the time being, or by any person appointed to act in, or
perform the doties of, the said office for the time being


(3) Any civil or criminal proceedings taken by or against any
person in vlrttic of his office shall not be discontinued or abated by
his death, resignation, or absence or'reriioval from office, but may
be carried on by or against, as the case, niaN, be, the person appointed
to perform the ditties of the office.

26-(1)Where reference is made in any enactment to the nuni-
bers of any series of sections of any enactment, or to any part of
any enactment, the reference shall be held to be inclusive of the
sections or words mentiond in the reference.

(2) Whell any particular number of days is prescibed for the doing
Of anY act or for any other purpose the same shall, unless the
contrary inteDtion appear, be reckoned exclusive of the first and
inclusive of the last day,.

27. In the measurement of distance for the purposes of
any Ordinance that distance shall unless the contrary intention
appear, be measured in a straight line on a horizontal plane.

* As aniended by Xo. 8 of 1912.





M-M Whenever any expression of time occurs in any enact-
ment or in any legal document, the time referred to shall, unless the
in
contrary intention appear, be held to be standard time.

The expression ---standard time--- means standard time as used
in the Colony : that is to say, the mean time of the 120th meridian
Fast of Greenwich, wbich is exactly 8 hours in advance of Green-
wich mean time.

(2) The expression ---a.m.--- indicates the period between mid-
night and noon on the day succeding: and the expression ---p.m.'
indicates the period between noon and the midnight following; and
where in any enactinent two such expressions occur conjunctively
in relation to any specified hours, or in conjunction with the words
11 sunset--- or ---sunrise -, they shall be construed to relate to con-
secutive periods of time.

. 29. Where any Ordfliance authorises 'or requires any document
to be served by post, whether the expression ---serve -, or ' give -,
or '' send -, or any other expression is itsed, then, unless the
contrary intention appear, the service shall be deeitied to be effected
by properly addressitig,and posting a letter containing
the document, and, unless the contrary is proved, to have been
effected at the time at which the letter wonid be delivered in the
ordinary course of post.

30. In any cnactinent expressions referring to writing or
printing shall inclde, unless the contrary Intention 'appear writina
printing, lithography, photography, type-writing, and every other
mode of representing words or fignres in a visible form but in the
case of a book 'printing' shall not include writing or type-writ-
ing.


Nothing in this section shall be taken to apply to signatures.

31. In all Ordinances, unless the contrary intention appear, the
words ---oath--- and ' affidavit--- include, in the cases of persons
allowed or required by law to declare or to solemnly affirm instead
of swearing, ---declaration--- and ---solemn affirination and

swear , in the like cases, includes ' declare--- and ---solemnly
affirm -.

32. Where in any enactment Chinese words or terms are used,
or where English words are used, followed, in brackets or other-

* As amended by 't\lo~ 43 of 1912.





wise, by Chinese words or terms, whether in Chinese characters or
not, the Chinese words or terms shall be held to be included in the
enactment, 'and the meaning and construction thereof shall be in
accordance with Chinese language and custom.,

33. Where the words - or -, - other -, and - otherwise - are
used, they shall, unless the contrary intention appear, be construed
disjunctively and not as implying similarity, unless the word
similar -, or some other word of like meaning, is added.

Nothings in this section shall be taken to affect section 11 of the
Penalties Amendment Ordinance, 1911.

34. Where the offence with which any person is charged is,-
(a) the doing of any act; or
(b) the omission to do any act,
without lawful authority or purpose or reasonable excuse, the proof
of stich authority, purpose, or excuse shall he on the person
charged.

35. In the construction of every Ordinance relating to an offence
punishable on indictment or on summary conviction, the expression
11 perso-ra - shall, unless the contrary intention appear, include a
body corporate.

36. In all enactinents, unless the contrary intention appear, words
importing the masculine gender shall include females, and words
in the singular shall include the plural, and words in the plural shall
include the singular.

37. Where any notice, order, or other document is required by
any enactment to be published in the Gazette, or where any
doculnent is published in the Gazette under section 2.6 (3) of the
Evidence Ordinance, 1889, a copy of the Gazette in which is it so
published shall be prima facie evidence of the facts stated in such
notice, order, or document.

38-(1) Where under any enactment any person is required to
pay any charge or fee for any act or thing done, or document issued,
or signature or seal aflixed to any document, by any public officer or
department, or where any person is adjudged by any Court, or other
authority duly authorised by law, to pay or forfeit any sum of

As amended by No. 8 of 1912.
As amended by No. 8 of 1912 and No. 43 of 1912,





money, such charge or fee and such gum of nioney shall be paid
into the Treasury, unless the contrary is otherwise provided; and
if any such charge or fee, or if any commission on inoney received
or taken possession of, realised, or otherwise dealt with, is required
to he paid to any public officer or department, such officer or depart-
ment receivino, the same shall pay it into or account for the same
in due course to the Treasury.
(2) Where under any enactnient any thing or any animal is ad-
judged by any Court, or other withorlity didy authorised bY law, to
be forfeited, it shall, unless the contrary is otherwise provided, or
unless it is expressed by law to he forfeited to arty person, be
forfeited to the Crown, and the net proceeds thereof, if it is ordered
by competent authority to be sold, shall be paid into the Treasury,
unless the contrary is otherwise -provided.
(3) Nothing in this section shall affect any provision in any
existing or future enactment whereby any shares of fines or
forfeitures, or of proceeds of forfeitures are expressed to be recover-
able by any person, or niav be granted by any withority to any
person or officer.
(4) The Governor may in any special case, not provided for bv
Ordinance, award a share, not exceeding three-fotirths, of any fine
or forfeiture adjudged by any Court, or of any proceeds of any
forfeiture, as a reward, bountv or gratuity to any inember of the
police force, for meritorious conduct, zea.1 displayed, or injury
sustained in the execution of his duty or to stich private persons or
informers as may be deserving of reward for assisting in the
detection of crime or the apprehension of offenders.
Isub-section. (5), rep. No. 43 of 1912).]

PART TV.

Definitions.
39. In all enactments the following words shall have the mean-
ings hereby assigned to them, unless otherwise provided or unless
the context otherwise requires :-

A.-Offial Definitions.
Governor---means the Governor of Hongkong, and includes the

officer for the time beine, administering the Government of Hong-
kong;

As amended by No. 8 of 1912, No. 17 of 1912 and No. 43 of 1912
Supp. Sched.





and where the Governor of Hongkone, is not intended,-

Governor--- means, as resnects Australia, Canada, India,.and
the Union of South Africa, the Governor General, and includes any
person. who for the time being has the power of the Governor
General;
and as respects any other British possession or territory under the
protection of the King, means the Governor or Administrator of
that posse'ssion, and includes the officer for the time being adminis-
tering the Government of that possession or territory.
---Governor-in-Council on nell -, or ' Governor in Executive Council
or ---Grovernor with the advice of the Fxectitive Council -, means
the Governor acting with the advice of the Executive Council, but
not necessarily in such Council assembled.
' Officer administering the Goverenmetn' mean the officer who
succeeds to or is appointed to the administration of the Govern-
ment of the Colony.
' Secretary of State--- means His Majesty's Principal Secretary
of State for the Colonies, unless another Secretary of State is
indicated.
Grown Agents---means the person or persons ior the tline being
acting as Crown Agents for the Colonies in England, or any one of
them.
---The Admiralty ' means the Lord High Admiral of the United
Kingdom for the time being, or the Commissioners for the time
being exectiting the Office of Lord High Admiral of the United
Kingdom.
Privy Council---means the Lords and others for the time being
of His Majesty's Most Honourable Privy Council;]and ---Order
in Council--- means an Order made by His Majesty in his Privy
Council.
---Board of Trade--- means the Committee for the time being of
the Privy Council appointed for the consideration of matters relating
to trade and foreign plantations.

---Imperial Parliament--- and ' Parliament'-, mean the Parlia-
rrient of the United Kingdom-.

Consul--- and ---Consular Officer -, include consul-general,
consul, vice-consul, consular agent, and any person for the time
being authorised to discharge the duties of consul-general, consul,
or vice-consul.





' Legislative Council--- and ---Legislature -, mean the Council
of the Government of Hongkong; and when used with reference to a
British possession other than Hongkong, inean the authority, other
than the Imperial ParliameDt, or His Majesty the Ring in Council,
competent to inake laws for such. British possession.

The Treasury---and---Treasurer -, wean the Colonial Treasury
and the Colonial Treasurer respectively.

---Justice of the Peace--- means a person appointed by the
Governor to act as Justice of the Peace for the Colony.

B.-Colovial Definitions.
The Colony ---this Colony -, or ---Hongkong -, means the
Island of Hongkong adn Kowloon, and their dependencies, together
with Stonecutters Island, and includes the New Territories, unless
it appears from express provision or by necessary implication thalt
the New Territories or New Eowloon is not intended.

Rowloon--- means that portion of the peninsula. of Kau-lung
which was ceded to Great Britain by the Eniperor of Chiria on 24th
October, 1860.

---The New Territories--- rtiean the additional territories leased
to Great Britain by the Emperor of China. under the Convention
dated 9th June, 1898.

---New Kowloon--- rneans that portion of the New Territories
which is delineated and sliewii upon a plan marked ---New
Kowloon--- signed by the Director of Public Works and counter-
signed by the Governor and deposited in the Land Office.

,'City of Victoria--- or ---Victoria -, nicaris the area within the
following boundaries :-
on the North-the Harbour
on the 147est-a line running north and south drawn through
the north-west angle of Inland Ejot No. 1299, and extending south-
wards a distance of 8.50 feet from the, aforesaid angle;
on the South-a line rtinning east from southern extremity
of the western boiindarv until It ineets a contour of the hill-side 700
feet above the level known as Ordnance datum (that is to say, a
level which shall be notified in the (lazette) and thence following
the said contonr until it rneets the eastern boundary;

A, nineyided b.-,, No. 8 of 191,2, 16 of 1912, 1,1~o. 23 of 1912 and
No. 43 of 19C.





on the Eas-a line following the western boundary of the
Queen's Recreation Ground until it meets the old Shaukiwan Road,
thence to the south-east angle of Inland Lot No. 1018, thence along
the southern boundary of Inland Lot No. 1018, produced until it
meets the road on the east side of WoDgnelchong Valley, and thence
to the south-east angle ol Inland Lot No. 1364, produced until it
ineets the soutbern boundary.

---Thesvaters of the Colony--- or Colonial waters -, means all
waters, whether navigable or not, included within the area bounded
as follows

on the South-by the parallel of latitude 2.20 91 North between
the points where it is intersected by the meridians of longitude
1130 521 East and 1140 30' East of Greenwich;

on the North-by a line drawn from the point where the meridian
of longitude 11.30 521 East of Greenwich intersects the parallel of
latitude touching the extreme south-west point of the shore of
Deep Bay to the said south-west pornt of the shore of Deep Bay:
thence along the high water mark upon the shore of Deep
Bay to the. estuary of the Sham Chtin River; thence by a line drawn
as described in the -agreement delimiting- the northern frontier of the
New Territories signed by James Haldane Stewart Lockhart and
Wong ts un-shin at Hongkong on 19th March, 1899, and following
the high water mark in Mirs Bay to the point where the meridian of
longitude 1140 30' East of greenwich intersects the mainland;

on the Ea.8t-by the meridian of longitude 1140 30' East of

Greenwich between the points where It Intersects the mainland and
the parallel of latitude 2,20 9' North.,

on the East-by the meridian of longitude 1130 521 East of
Greenwich between the points where it intersects the parallel of
latitude touching the extrerne south-west point of the shore of Deep
Bay and the parallel of latitude 220 9' North; and between the
points on the north and south coast of Lantan where the meridian
of longitude 1130 521 East of Greenwich intersects the island the
boundary follows the western coast-line of Lantau and includes the
waters appertaining thereto.

---Harbour--- means, unless any other harbour is expressly in-
dicated, the harbour of. Victoria, and includes the waters of the
Colony within the following boundaries ;-





on the East-a line drawn front a pillar to be marked---Harbour
Limits--- at North Point on the island of Hongkong to the most
easterly point of Kowloon City Pier;
on the' West-A line drawn from the westernmost point of the
Island of Hongkong to the western side of Green Island, continued
to the western point of Stonecutters Island, thence to the north
point of Stonecutters Island, and thence to the Harbour Depart-
inent Station at Samshuipo.
---Public seal--- means the public seal of the Colony.

' Public office ' and ---Public departinent -, mean and include
every office or department invested with or performing duties of
a public nature, whether under.the immediate control ol the
Governor or not.

Public officer--- or ---Public servant -, means any person hold-
ing any appointment or discharging the duties, m-hether permanent-
ly or temporarily, of any office the emoluments of which are wholiv
or in part directly derived froui the. revermes of the Colony, and
includes members of the Executive and Legislative Councils,
members of the Sanitary Board, Justices of the Peace, Revenite
officers,members of th6 Police Force, and of the Chinese Watchmen
Force appointed tinder the. Regulation of Chinese Ordinance, 1888,
and also commissioners and persons acting tinder Ordinance No.
13 of 1886, and persons acting under Ordinance No. 6 of 1893.
---Officer of police--- or ---Police officer -, includes members of
the police force of all rank. ; and where any duty or power is ini-
posed or conferred in any Ordinance on officer of police--- or
'police officer--- or ' police, constable , it may be
performed or exercised by any meniber of the police force;
and where any ditty or power is imposed or conferred on am-
European officer of police or constable, it may be performed or
exercised by any European member of the police force;
and where any duty or power is Imposed on any officer of police
other thaii a constable it inay be performed or exercised by any
nieniber of the police force of higher rank;
and Nk-liei.e any person is referred to as ---not being a constable
of police--- it shall be construed to mean any person not being a
member of the police force---;
and the expression ' person employed in the police force -, or
other words of like meaning, shall include in the employees referred





to in section 3 (2) of Ordinance -No. 11 of 1900, as well as all mem-
bers of the police force.

Medical Officer of Health--- and---Assistant Medical Officer of
limits ', ineau. the persons appointed respectively to act as such
officers under Ordinance No. 1 of 1903.

'Governinent Analyst--- includes for the purposes of all Ordi-
nances any analyst appointed by the Governor under Ordinance
No. 8 of 1896.

---Revenue officer ' mean., any person appointed to act as revenue
officer tinder Ordinance No. 9 of 1911.

---Excise. officer ~' means any person appointed to act as excise
olficer tuider Ordinance No. 23 of 1909.

Forest officer--- rneans any forest gtiard or other person
appointed by the Governor for the control or superintendence of any
forest.

---The Gaol ' rneans Victoria Gaol, and includes any place that
way hereafter be set apart as a prison.

Superintendent of the Goal'includes the Assistant Superin-
tendent of the Gaol. This definition shall apply to all warrants of
committal, or other documents, whether issued, inade, sealed, or
signed before or after the commencement of this Ordinance.

C.-Geoflrapitical Defivitions.
United Kingdom ' nicans the United Kingdom of Great Britain
Ireland.

.. British Islands ' tneans the Unlited Kingdoni, the Channel

Islands, and the Isle of Man.

---British Possessioli' means any part ol His _Maiesty's Dominions
exclusive of the United Kingdom; and where parts of such Domin-
ions are under both a central and a local LecIslature, all parts under
the central Legislature shall, for the purpose of this definition, be
deenied to be one British possession.

---British Colony ' or ' Colony ' means, where the -Colony of
Hongkong 1,3 not intended, any part of -His Majesty's Dominions

exclusive. of the United Kingdom and of British India and where
parts of such Dominions are under both a central and a local
Legislature, all parts tinder the central Legislature shall, for the
purposes of this definition, be deemed to be one Colony.





---British India--- means all territ6rjes and places within His
X1ajesty's Dominions which are for the time being governed by His
Majesty through the Governor-General of India, or through any
Governor or other officer subordinate to the Governor-General of
1 ndia.

' India--- means British India together with any territories of
any Native Prince or Chief under the suzerainty of His Majesty
exercised through the Governor-General' ol India or other officer
subordinate to the Governor-General of India.

---High Court '

D-Judicial Definitions.
'High Court' means, when used with reference to En-land or
Ireland, His Majesty's High Court of Justice in England or Ire-
land, as the case may be.
Court of Assize--- or ---Assizes -, mean, as respects England,
Wales, and Ireland, a Court of Assize, a Court of Oyer and
Terminer, and a Court of Gaol Delivery, or any of them, and as
respects England and Wales, includes the CenLral Criminal Court;
and as respects Hongkong, means the SUpreme. Court, either one
Judge or the Full Court, sitting in its criminal Jurisdiction; and
unless, it is specially provided that any aoffence is to be tried
summarily before a Magistrate or otherwise all offelices shall be

triable before the Suprerne Court sitting in its criminal Jurisdiction.

---Supreme' Court means the Supreme Court Of HOngkong.

---Probate Court' means, as respects Hongkong the Supreme
Court sitting in its probate jurisdiction.

'Bankruptcy Court' 1 means, as respects Hongkong, the Supreme
Court sitting in its bankruptcy jurisdiction.

---Colonial Court of Admiralty--- means, as respects 1-1ongkong,
the Supreme Court sitting in its Admiralty jurisdiction.

' Court--- means the Supreme Court as well as any other Court
holden in the Colony; but in the absence of any -ivords indicating a
contrary intention the jurisdiction created by or referred to in any
enactment shall be exercised only by the Suprewe Court.

' Magistrate ' means a Magistrate appointed Under Ordinance
No. 3 of 1890, but does not include the Marine Magistrate in cases
not coming within section 8 of the said -Ordinance, unless such

* As amended by No. 8 of 1912, No. 23 of 1912 and No. 27 of 1912.





Magistrate is expressly indicated; and unless the contrary inten-
tion appear, the expression---triable before a Maulstrate---or---tried
summarily -, or any other expression having the like intent, means
that an offence may be tried as provided by Ordinance No. 3 of
1890; and the expression ---on summary conviction--- or ---on con-
viction before a Magistrate -, and any other expression having the
like intent, means that the offence to which it relates was triable,
and has been tried, and the ffender convicted, as provided by the
said Ordinance; and in both cases the. procedure respecting the
imposition of fines and forfeitures, imprisonment for default, and
all other provisions respecting the jurisdiction of the Magistrate,
and the procedure of sneli trial, shall be held to be included; and
where by any Ordinance an offence is made punishable by summary
conviction, the Magistrate, or two Magistrates, as the case may
require, shall be deented thereby to be invested with jurisdiction to
try any person accitsed of such ollence; and references in any enact-
inent to two Ma(vistrates shall inean two Magistrates sitting togetheir
and exercising jurisdiction as provided by section S3 of Ordinance
No. 3 of 1890.

---Judge-means may Judge of the Supretlie Court ; and where any
civil Jurisdiction is required to be exercised by a Judge, such
jurisdiction, if it is not otherwise expressed, shall be exercisable by
a Judge sitting in Chambers.


---Rules of Court--- mean when used in relation to any Court,
rules made by the authority having for the time being power to
make rules and orders regtilating the practice and procedure of such
Court, to-ether with the forms necessary thereto. The power of

the said anthority to make rules of court as above defined shall
include a power to make rules of court, together with the forms
necessary thereto, for the purpose of any future enactment directing
or authorising anything to be done. by rule of court.

F.-General Definitions.
Any Ordinance--- or ---Any enactment -, means and includes
any Ordinance or any enactinclit, as the case may be, which is in
force in the Coloiy at the time when the, enactment in which the
expression occurs is enforced or applied.
---Bank of Englaud--- means the G'overnol. and Company of the
Bank of England.

Aswnended by _No. 8 of 1912, No. 23 of 1912, 'No. 43 of 1912
and No. 43 of 1912 Supp. Sched.





- Bank of Ireland - means the Governor and Company of the
Bank of Ireland.

Committed for trial - means, when used in relation to any
person, committed to prison with the view to his being tried before
a Judge and jury, or otherwise as the law directs; and includes a
person who is admitted to bail upon recognizances to appear and
take his trial before a Judge and jury, or otherwise.

Definition - ineans the interpretation to be given to words or
expressions used in the Ordinance or part of an Ordinance to
which such interpretations are declared to be applicable; and the
words or expressions are to have in such Ordinance or part of an
Ordinance, and in any rules, regulations, orders, or other docu-
ments made thereunder, the meanings assigned to thern unless in-
consistent with the context.

'Enactment' means any provision inade by competent authority
having the force of law, and any part of such provision, and includes
rules and regulations made in virtue of powers conferred by any
Ordinance or statute.

- Gazette - means the Hongkong Government Gazette.

- In this Ordinance - or - In this Part - or - In this section
or any other similar expression means, when used at the commence-
ment of an interpretation section, that the words or expressions
which follow shall have, in the Ordinance, or Part, or section, or in
any rules, regulations, orders or okther documents made thereunder,
the meanings assigned to them unless it is otherwise provided or
unless any such meaning is repugnant to, or inconsistent with,
the context.
Medical practitioner -, or any words importing a person recog-
nized at law as a practitioner in inedicine or surgery or as any
kind of meinber of the medical profession, means a. medical
practitioner duly registered under Ordinance No. 1 of 1884, unless a
Chinese medical practitioner is expressly referred to.
- Month ' means calendar manth, unless it appears from the
context that lunar month or Chinese - moon - is intended.
- Offence - rneans any crime, misdemeanor, contravention, or
other breach of the law for which a penalty is provided.
Person -, and words applied to any person or individual, shall
apply to and include, subject only to the provisions of section 35,
bodies corporate, joint tenants anj tenants in common.





' Per cent.', when used in relation to a rate of interest payable
in any circumstances, means the rate of interest specified payable
in respect of a year, unless it is expressly provided that it is payable
in respect of any other period.

---Proclamation--- means, as respects Hongkong, a proclamation
of the Governor or of the Governor-in-Council.

---Provided--- or ---Prescribed -, when used in reference to any
enactment, means provided or prescribed by such enactment, or as
provided or prescribed by the provisions of such enactment.

Solicitor---means a legal practitioner admitted to practice as a

solicitor before the Supreme Coxirt under Ordinance No. 1 of 1871.

---Statute
ment.

---Statutory Declaration---means a declaration made by virtue of
the Statutory Declarations Act, 1835, or of the Statutory Declara-
tions Ordinance, 1893.

or ---Act ', ineans aD Act of the Imperial Parlia-

' Treaty---means ,ind includes a treaty, convention, or agreement
made with a foreign State, together with protocols or declarations

attached thereto, or independent thereof but referring thereto.

---Will--- means and includes a will, testament, codicil, and all
other testamentary papers whatsoever.

---Year--- means a Year according to the Gregorian Calendar,
unless it appears front the context that a Chinese year is intended.

---Years of age -, or words of a like meaning, when used in re-

Lerence to the age of anv person, mean years according to English
reckoning, unless Chinese reckoning is expressly indicated.

PART V.

Of Regulation Forms, and other Matters.
40.-(1) Where any Ordinance confers on any person a discre-
tioriary power to make regulations, to issue any order, or to do any
act, the power shall, unless the contrary intention appear, be con-
strued as ineltidincr the power, exercisable in like manner, and subject
to the same conditions, if any, to amend, vary, rescind, revoke or
suspend the regulations niade, or order issued, or any part thereof,
and to rnake or issue new regulations, or a new order, or to abstain
from doing the act.

* As amendfd by No. 8 of 1912,





(2) ---Regulations ', both in this section, and generally in this

Ordinance, as well as in all other enactment, means regulations,
rules, orders and by-laws, not inconsistent with the provisions of
the Ordinance under which they are made, and includes rules ol
of court.

(3) All regulations shall, unless otherwise provided, Come Into
force on the day of their publication in the Gazette, and shall have
the same force and effect and be equally binding, and shall be colt
strued for all pi irposes as if they had been contained in the Ordi
nance empowering thein to be m ade; and any refereni. to the
Ordinance in ant, enactinent or in anv le-al docinnent shall be con-
strued as including the regulations in such reference.


(4) The same rules shall apply to any ordet. made by the Goverilor
or the Governor-in-Council, and to any order, warrant, scheine,
letters patent, or other instrument made ot. issued under the pro-
visions of arty Ordinance : provided that they sliall not apply to
banishment or deportation orders.

41.-(1) Unless it is otherwise enacted, wheneyet. in any Ordi-
nance it is provided that regulations shall be-
(a) made; or
(b) made subject to the approval or confirmation (or where other
words of like meaning are used) of the
the followbio, rules shall be observed,-

(i) the regulations shall be submitted for the approval of the
Governor-in-Council
(ii) the Governor-in-Council shall have power to aniend, or to
disapprove the whole or any part of the regulations, and rnay, if be
disapprove them either in whole or in part, require flirthel. or other
regulations to be submitted for approval.
The words---to amend ' shall include the power to add to, alter,
or otherwise vary.

(2) This section shall apply to regulations which are by any Ordi-
nance made subject to the approval or confirniation (or where other
words of like meaning are used) of the Governor or of the Legisla-
tive Council.

42. All forms in use under any Ordinance repealed by any sub-
seqxient; Ordinance, and which are riot replaced by forms in the

As alnended by No. 8 of 1912 and No. 43 of 1912.





repealing Ordinance, shall remain in ferce so far as they are not
inconsistent with its provisions, until they have been replaced by
forms prescribed in accordance with the provisions of the repealing
Ordinance.

PART VI.
Of Proclantations and Orders of the Governor.
43. Proclamations and notifications of the Governor shall come
into operation oil the date of their publication in the Gazette.

44. Where power is given to the Governor to issue a proclama-
tion ornotification, it shall include the power of an-lending, revoking
or suspendlnl- the said proclamation or notification, and of declaring
the date of its coming into force, and also of substituting another
therefor.
Provided always that where any Ordinance is to come into force
on a day to be fixed by proclamation, th ' e power to issue such pro-
claination shall not include (except in the case of and for the pur-
pose of correcting any inistake therein) the power of amending,
revoking, or suspending the same.


45. Where power is given to the Governor to make any order or
give any direction, it shall be sufficient, unless it is otherwise ex-
pressed, for such order or direction to be signified under the hand
of the Colonial Secretary or of the Assistant Colonial Secretay.
This section shall not apply to the issue of any warrant by the
Governor : such warrant shall be tinder his hand and seal.

46. Sections 43 and 44 shall apply to proclamations and notifica-
tions issued by the Governor-in-Couneil; and section 45 shall apply
to orders and directions of the Governor-in-Council, except that the
signification thereof shall be tinder the hand of the Clerk of the
Councils.

PART VII.
Of Public Officers.
47.-(1) Unless it is otherwise expressly provided in any Ordi-
nance : if any person shall, by force or violence, resist, oppose,
molest, hinder, or obstruct any public officer in the performance

* Aq atnended bv No. 8 of 1912 and No. 23 of 1912.





of his duty, or any person lawfully engaged, authorised, or employ-
ed in the performance of any public duty, or any person lawfully
acting in aid or assistance of any such public officer or person, be
shall be liable to a fine not exceeding 100 dollars, and to imprison-
ment not exceeding 3 months.

1-sub-sections 2 and 3, rep. No. 43 of 1912.j

48.-(1) Unless it is otherwise expressly provided in any enact-
inent all actions and prosecutions to be commenced against any
public officer for anything done or omitted to be done in pursuance
of any enactment shall be commenced within 6 months after the
act or omission, and not otherwise.

(2) In any such action the defendant may plead the general issue,
and give this Ordinance and any special matter in evidence at any
trial to be had thereupon.

(3) No plaintiff shall recover in any such action if tender of suffi-
cient amends has been made before such action brought, or il-
a sufficient stun of money has been paid into Court after such
action brought by or on behalf ol the defendant.

(4) If a verdict passes for the defendant, or the plaintiff is non-
suited or discontinues any such action after issue Joined, or if on
demurrer or otherwise, Judgment is given against the plaintiff, the
defendant shall recover his full costs as between solicitor and client,
and shall have the like remedy for the same as any defendant has
by law in other cases; and though a verdict passes or Judgment is
given for the plaintiff in any such action, the plaintiff shall not have
costs agaitist the defendalit unless the Judge before whoill*the trial
is had certifies his approbation of the action.
[stib-section (.5), rel). No. 43 of 1912]

PART VIII.
Miscellaneous Provisiovs.
49,(1) In any Ordinance, instrument, or document, any Act
of the Imperial Parliament may be cited by reference to its - short
title -, if any, either with or without a reference to the chapter, or
by reference to the regnal year in which it was passed; and, where

As aniended by No. 8 of 1912, No. 17 of 1912 and No. 43 of 1912.
As amended by No. 8 of 1912.
there are more statutes or sessions than one in the same regnal year,
by reference to the statute or the session, as the case may require;
and where there are more chapters than one, by reference to the
chapter; and any provision of any Act may be cited by reference to
the section or sub-section of the Act in which the provision is con-
tained.

(2) Where any Ordinance passed after 18th November, 1897,
contains such reference as aforesaid, the reference shall, unless the
contrary intention appear, 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 case of statutes
not so included and passed before the' reign of King George the
First, to the edition prepared under the direction of , the Record
Coirimission ; and in other cases to the copies of the statutes pur-
porting to be printed by the King's Printer or under the superinten-
dence or authority of His Majesty's Stationery Office.

(3) In any Ordinance a description or citation of a portion of an
Act of Parliament shall, unless the contrary intention appear, be
construed as including the word, section, or other part mentioned or
referred to as forming the beginning and as forming the end of the

portion comprised in the description or citation.

(4) Any reference to an Act of Parliament shall include a refer-
ence to regulations made there-under.
rs. .50, rep. , No. 43 of 1912.]

Short title . Application of the ordinances. Application of subsequent ordinances. Application of provisions of ordinance. commencement of ordijnances . Definition of ' commencement ,' time of commencement . Exercise fo statutory powers between passing and commencement of ordinance. Citation ordinances. effect fo repeal on existing proclamaions and regulaions. Effect fo repeal generally . repeal of ordinances. References to re-enacted provisions. Reference to re-enacted acts fo parliament . Operation of amending ordinances. disallowance. Ordinances to be public ordinances . Sections to be substantive enactments . Schedules , etc, to be part of ordinances. Sub-divisons of ordinances to be recognised . References to the sovereign. ordinances not bindingon crown unless expressed . Construction of provisions as to exercise of powers and duties . Constructiojn of references to public officers. Construction of provisions granting powers to the holder of an office. references to time. Meaning of service by post . Meaningof writing . Meaning of writing . Meaning of 'oath ' ' affidavit' and 'swear'.use fo chinese expressions in ordinances. meaning of ' or ' ' other ' 'otherwise ' no. 30 of 1911. Burden of proof where acts done without lawful excuse. Meaning of 'person ' in crimial ordinances. Rules as to gender and number . Effectr of notices in garette. No. 2 of 1889. Applicaion of fees , fines and forfieittures. definitions official definitions. colonial definations . geographical definations. judicial definitions. general definations. extent of power to make regulations. meaning of 'regulation'. Publication and effect . Other documents powers of governor-in-council over regulations.forms in repealed ordinacnes. coming into force of proclamations . Extent of power to issue proclaimations.signification of orders of the governor . Application of certain previous sections. Interfering with public officers . protection of public officers acting under authority of enactment . Citation of imperial acts.

Short title . Application of the ordinances. Application of subsequent ordinances. Application of provisions of ordinance. commencement of ordijnances . Definition of ' commencement ,' time of commencement . Exercise fo statutory powers between passing and commencement of ordinance. Citation ordinances. effect fo repeal on existing proclamaions and regulaions. Effect fo repeal generally . repeal of ordinances. References to re-enacted provisions. Reference to re-enacted acts fo parliament . Operation of amending ordinances. disallowance. Ordinances to be public ordinances . Sections to be substantive enactments . Schedules , etc, to be part of ordinances. Sub-divisons of ordinances to be recognised . References to the sovereign. ordinances not bindingon crown unless expressed . Construction of provisions as to exercise of powers and duties . Constructiojn of references to public officers. Construction of provisions granting powers to the holder of an office. references to time. Meaning of service by post . Meaningof writing . Meaning of writing . Meaning of 'oath ' ' affidavit' and 'swear'.use fo chinese expressions in ordinances. meaning of ' or ' ' other ' 'otherwise ' no. 30 of 1911. Burden of proof where acts done without lawful excuse. Meaning of 'person ' in crimial ordinances. Rules as to gender and number . Effectr of notices in garette. No. 2 of 1889. Applicaion of fees , fines and forfieittures. definitions official definitions. colonial definations . geographical definations. judicial definitions. general definations. extent of power to make regulations. meaning of 'regulation'. Publication and effect . Other documents powers of governor-in-council over regulations.forms in repealed ordinacnes. coming into force of proclamations . Extent of power to issue proclaimations.signification of orders of the governor . Application of certain previous sections. Interfering with public officers . protection of public officers acting under authority of enactment . Citation of imperial acts.

https://oelawhk.lib.hku.hk/items/show/988

1912

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No. 31 of 1911

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