Interpretation and General Clauses Ordinance 1966

by Legislative Council of Hong Kong

Layout 2

Legal Supplement No. 1

to the

HONG KONG GOVERNMENT GAZETTE

Published by Authority

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INTERPRETATION AND GENERAL CLAUSES ORDINANCE 1966.

ARRANGEMENT OF SECTIONS.

Section.

Page.

PART I. Short title, commencement and application.
1.	Short title and commencement ............................................................................................................................................................................................................................................................................................................	A179
2.	Application ............................................................................................................................................................................................................................................................................................................	A179
PART II. Interpretation of words and expressions.
3.	Interpretation of words and expressions ............................................................................................................................................................................................................................................................................................................	A179
4.	Definitions of “Commonwealth” and “British territory” ............................................................................................................................................................................................................................................................................................................	A188
5.	Grammatical variations and cognate expressions ............................................................................................................................................................................................................................................................................................................	A188
6.	References to Government property ............................................................................................................................................................................................................................................................................................................	A188
7.	Provisions for gender and number ............................................................................................................................................................................................................................................................................................................	A188
8.	Service by post ............................................................................................................................................................................................................................................................................................................	A188
9.	Chinese terms ............................................................................................................................................................................................................................................................................................................	A189
10.	References to pounds sterling ............................................................................................................................................................................................................................................................................................................	A189
PART III. General provisions as to Ordinances.
11.	Ordinance to be public Ordinance ............................................................................................................................................................................................................................................................................................................	A189
12.	Sections and schedules ............................................................................................................................................................................................................................................................................................................	A189
13.	Citation of Ordinance ............................................................................................................................................................................................................................................................................................................	A189
14.	Collective citation ............................................................................................................................................................................................................................................................................................................	A190
15.	Reference to Ordinance as amended ............................................................................................................................................................................................................................................................................................................	A190
16.	Citation of part of Ordinance ............................................................................................................................................................................................................................................................................................................	A190
17.	Construction of reference to Ordinance, section, etc. ............................................................................................................................................................................................................................................................................................................	A190
18.	Marginal notes ............................................................................................................................................................................................................................................................................................................	A191
19.	General principles of interpretation ............................................................................................................................................................................................................................................................................................................	A191
PART IV. Commencement, disallowance, amendment and repeal.
20.	Commencement of Ordinance ............................................................................................................................................................................................................................................................................................................	A191
21.	Disallowance ............................................................................................................................................................................................................................................................................................................	A191
22.	Ordinance and amending Ordinance to be read as one ............................................................................................................................................................................................................................................................................................................	A192
23.	Effect of repeal generally ............................................................................................................................................................................................................................................................................................................	A192
24.	Repealed Ordinance not revived ............................................................................................................................................................................................................................................................................................................	A192
25.	Repeal and substitution ............................................................................................................................................................................................................................................................................................................	A192
26.	Repeal of amended Ordinance to include amendments ............................................................................................................................................................................................................................................................................................................	A192
27.	Effect of expiry of Ordinance ............................................................................................................................................................................................................................................................................................................	A192
PART V. Subsidiary legislation.
28.	General provision with regard to power to make subsidiary legislation ............................................................................................................................................................................................................................................................................................................	A193
29.	Fees and charges ............................................................................................................................................................................................................................................................................................................	A193
30.	Effect of subsidiary legislation ............................................................................................................................................................................................................................................................................................................	A194
31.	Construction of subsidiary legislation ............................................................................................................................................................................................................................................................................................................	A194
32.	Exercise of statutory powers between enactment and commencement of Ordinance ............................................................................................................................................................................................................................................................................................................	A194
33.	Acts done under subsidiary legislation deemed done under Ordinance ............................................................................................................................................................................................................................................................................................................	A195
34.	Placing of rules, regulations and by-laws before Legislative Council ............................................................................................................................................................................................................................................................................................................	A195
35.	Approval of Legislative Council to subsidiary legislation ............................................................................................................................................................................................................................................................................................................	A195
36.	Effect of repeal on subsidiary legislation ............................................................................................................................................................................................................................................................................................................	A195
37.	Forms ............................................................................................................................................................................................................................................................................................................	A196
PART VI. Powers.
38.	Presumption of lawful exercise of power ............................................................................................................................................................................................................................................................................................................	A196
39.	Exercise of powers ............................................................................................................................................................................................................................................................................................................	A196
40.	Construction of enabling words ............................................................................................................................................................................................................................................................................................................	A196
41.	Power to issue licences, etc. discretionary ............................................................................................................................................................................................................................................................................................................	A197
42.	Power to appoint includes power to suspend, dismiss, re-appoint, etc. ............................................................................................................................................................................................................................................................................................................	A197
43.	Delegation by specified public officers ............................................................................................................................................................................................................................................................................................................	A198
44.	Effect of delegation of powers and duties ............................................................................................................................................................................................................................................................................................................	A198
45.	Exercise of powers in special cases ............................................................................................................................................................................................................................................................................................................	A199
46.	Power to make public instruments and perform acts ............................................................................................................................................................................................................................................................................................................	A199
47.	Power to relate back appointments ............................................................................................................................................................................................................................................................................................................	A199
PART VII. Boards and committees.
48.	Power to appoint chairman ............................................................................................................................................................................................................................................................................................................	A200
49.	Power to appoint public officer to board, etc. ............................................................................................................................................................................................................................................................................................................	A200
50.	Appointment of alternates ............................................................................................................................................................................................................................................................................................................	A200
51.	Powers of board, etc. not affected by vacancy ............................................................................................................................................................................................................................................................................................................	A200
52.	Power of majority and exercise of powers ............................................................................................................................................................................................................................................................................................................	A201
53.	Seal ............................................................................................................................................................................................................................................................................................................	A201
PART VIII. Public officers and public contracts.
54.	References to public officer ............................................................................................................................................................................................................................................................................................................	A201
55.	Change of title of office ............................................................................................................................................................................................................................................................................................................	A201
56.	Appointment of officers by name or office ............................................................................................................................................................................................................................................................................................................	A202
57.	Filling vacancy ............................................................................................................................................................................................................................................................................................................	A202
58.	Power to appoint while holder on retirement leave ............................................................................................................................................................................................................................................................................................................	A202
59.	Contracts by public officer ............................................................................................................................................................................................................................................................................................................	A202
60.	Effect of past contracts by public officer ............................................................................................................................................................................................................................................................................................................	A203
61.	Omission of title after signature of public officer immaterial ............................................................................................................................................................................................................................................................................................................	A203
PART IX. Crown, Governor and Governor in Council.
62.	Signification of orders of Governor and Governor in Council ............................................................................................................................................................................................................................................................................................................	A203
63.	Delegation by Governor ............................................................................................................................................................................................................................................................................................................	A203
64.	Appeals to Governor in Council ............................................................................................................................................................................................................................................................................................................	A204
65.	References to the Sovereign ............................................................................................................................................................................................................................................................................................................	A204
66.	Saving of rights of Crown ............................................................................................................................................................................................................................................................................................................	A205
PART X. Time and distance.
67.	Standard time ............................................................................................................................................................................................................................................................................................................	A205
68.	Summer time ............................................................................................................................................................................................................................................................................................................	A205
69.	References to “a.m.” and “p.m.” ............................................................................................................................................................................................................................................................................................................	A205
70.	Provision where no time prescribed ............................................................................................................................................................................................................................................................................................................	A205
71.	Computation of time ............................................................................................................................................................................................................................................................................................................	A205
72.	Power to extend time ............................................................................................................................................................................................................................................................................................................	A206
73.	Distance ............................................................................................................................................................................................................................................................................................................	A206
74.	Warrants, etc. valid on public holiday ............................................................................................................................................................................................................................................................................................................	A206
PART XI. Imperial enactments.
75.	Modifications ............................................................................................................................................................................................................................................................................................................	A206
76.	Citation of imperial enactments ............................................................................................................................................................................................................................................................................................................	A206
77.	Construction of reference to imperial enactment ............................................................................................................................................................................................................................................................................................................	A206
78.	References to subsidiary legislation under imperial Acts ............................................................................................................................................................................................................................................................................................................	A207
79.	Construction of imperial enactments ............................................................................................................................................................................................................................................................................................................	A207
80.	Proof of imperial enactments ............................................................................................................................................................................................................................................................................................................	A207
PART XII. Fees, penalties, offences and proceedings.
81.	Attempts to commit offences ............................................................................................................................................................................................................................................................................................................	A207
82.	Reference to an offence to include attempts, etc. ............................................................................................................................................................................................................................................................................................................	A207
83.	Acts constituting two or more offences ............................................................................................................................................................................................................................................................................................................	A208
84.	Liability of directors, etc. ............................................................................................................................................................................................................................................................................................................	A208
85.	Imposition of penalty not to bar civil action ............................................................................................................................................................................................................................................................................................................	A208
86.	Penalties prescribed to be deemed maximum penalties ............................................................................................................................................................................................................................................................................................................	A208
87.	Statement of penalty at end of section ............................................................................................................................................................................................................................................................................................................	A208
88.	Certain penalties may be cumulative ............................................................................................................................................................................................................................................................................................................	A208
89.	Trial of offences ............................................................................................................................................................................................................................................................................................................	A209
90.	Punishment of misdemeanor ............................................................................................................................................................................................................................................................................................................	A209
91.	Evidence of signature of fiat, etc. ............................................................................................................................................................................................................................................................................................................	A209
92.	Amendment of penalty ............................................................................................................................................................................................................................................................................................................	A210
93.	Disposal of fines and penalties ............................................................................................................................................................................................................................................................................................................	A210
94.	Disposal of forfeits ............................................................................................................................................................................................................................................................................................................	A210
95.	Award of compensation ............................................................................................................................................................................................................................................................................................................	A210
96.	Reduction, etc. of fees and charges ............................................................................................................................................................................................................................................................................................................	A210
97.	Collection of fees ............................................................................................................................................................................................................................................................................................................	A211
PART XIII. Miscellaneous.
98.	Gazette to be evidence of matters therein ............................................................................................................................................................................................................................................................................................................	A211
99.	Reprint of Ordinances ............................................................................................................................................................................................................................................................................................................	A211
100.	Performance of acts for which payment required ............................................................................................................................................................................................................................................................................................................	A211
101.	Amendment of Schedules ............................................................................................................................................................................................................................................................................................................	A211
102.	Repeals ............................................................................................................................................................................................................................................................................................................	A211

First Schedule	—Boundaries of the City of Victoria ............................................................................................................................................................................................................................................................................................................	A212
Second Schedule	—Boundaries of the Colony ............................................................................................................................................................................................................................................................................................................	A213
Third Schedule	—Boundaries of the Harbour ............................................................................................................................................................................................................................................................................................................	A213
Fourth Schedule	—Area of Kowloon ............................................................................................................................................................................................................................................................................................................	A213
Fifth Schedule	—Area of New Kowloon ............................................................................................................................................................................................................................................................................................................	A213

HONG KONG

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No. 31 of 1966.

An Ordinance to consolidate and amend the law relating to the construction, application and interpretation of laws, to make general provisions with regard thereto, to define terms and expressions used in laws and public documents, to make general provision with regard to public officers, public contracts and civil and criminal proceedings and for purposes and for matters incidental thereto or connected therewith.

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Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

PART I.
Short title, commencement and application.

Short title and commencement. 1. This Ordinance may be cited as the Interpretation and General Clauses Ordinance 1966 and shall come into operation on a day to be appointed by the Governor by Proclamation in the Gazette.

Application. 2. (1) Save where the contrary intention appears either from this Ordinance or from the context of any other Ordinance or instrument, the provisions of this Ordinance shall apply to this Ordinance and to any other Ordinance in force, whether such other Ordinance came or comes into operation before or after the commencement of this Ordinance, and to any instrument made or issued under or by virtue of any such Ordinance.

(2) This Ordinance shall be binding on the Crown.

PART II.
Interpretation of words and expressions.

Interpretation of words and expressions. 3. “act”, when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;

“Act” and “Statute” mean an Act or Statute of Parliament;

“adult” means a person who has attained the age of twenty-one years;

“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air;

“alien” means any person who is not a British subject, a British protected person or a citizen of the Republic of Ireland;

“amend” means repeal, revoke, cancel, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument;

“Attorney General” means the Attorney General of Hong Kong;

“British subject” means a person who is a British subject by virtue of any provision of the (11 & 12 Geo. 6. c. 56).British Nationality Act 1948;

“Chief Justice” means the Chief Justice of Hong Kong;

“Christian name” means any name prefixed or suffixed to a surname, whether received in Christian baptism or otherwise;

“City of Victoria” and “Victoria” mean the area within the boundaries specified in the First Schedule.First Schedule;

“Clerk of Councils” means the Clerk to the Executive Council and the Legislative Council and any person appointed by the Governor to be Deputy Clerk of Councils;

“coin” means gold, silver, bronze, cupro-nickel or other coin in use as legal currency in Hong Kong;

“Colony” and “Hong Kong” mean the area of land and the area of Deep Bay and Mirs Bay lying within the boundaries specified in the Second Schedule.Second Schedule and the territorial waters appertaining thereto;

“Colonial Secretary” means the Colonial Secretary of Hong Kong and the Deputy Colonial Secretary;

“commencement”, when used with reference to any Ordinance, means the date on which the Ordinance came or comes into operation;

“committed for trial”, when used in relation to any person, means—

(a) committed to prison with a view to his being tried before the Supreme Court; or

(b) admitted to bail upon recognizances to appear and stand his trial before the Supreme Court;

“common law” means the common law of England;

“consul” and “consular officer” mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;

“contravene” in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;

“counsel” means a person admitted to practise as counsel before the Supreme Court;

“court” means any court of the Colony of competent jurisdiction;

“Crown Agents” means the persons or body for the time being acting as Crown Agents for Oversea Governments and Administrations;

“Crown lease” means any lease granted by the Crown, any instrument whereby the term of a crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease;

“daily penalty” means a penalty for each day on which the offence is continued after conviction therefor;

“definition” means the interpretation given by an Ordinance to any word or expression;

“District Court” means the District Court of Hong Kong;

“District Judge” means a judge of the District Court;

“document” means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;

“Executive Council” means the Executive Council of Hong Kong;

“export” means to take out or cause to be taken out of the Colony by air, land or water;

“Financial Secretary” means the Financial Secretary of Hong Kong and the Deputy Financial Secretary;

“financial year” means the period from the 1st day of April in any year to the 31st day of March in the immediately succeeding year, both days inclusive;

“Gazette” means—

(a) the Hong Kong Government Gazette and any supplement thereto;

(b) the Hong Kong (British Military Administration) Gazette published on or between the 12th day of October, 1945 and the 1st day of May, 1946; and

(c) any Special Gazette or Gazette Extraordinary;

“Government” means the Government of Hong Kong;

“Government Printer” means the Government Printer of Hong Kong and any other printer authorized by or on behalf of the Governor to print any Ordinance or any other document of the Government;

“Governor” means—

(a) the Governor of Hong Kong;

(b) any officer for the time being administering the Government;

(c) to the extent to which a deputy to the Governor is authorized to perform on behalf of the Governor any functions of the Governor, the Deputy to the Governor; and

(d) where the Governor of Hong Kong is not intended, the Governor-General, Governor, administrator or other officer for the time being administering the government of any British possession;

“Governor in Council”, “Governor in Executive Council” and “Governor with the advice of the Executive Council” mean the Governor acting after consultation with the Executive Council in accordance with Royal Instructions but not necessarily in such Council assembled;

“harbour" means the waters of the Colony within the boundaries specified in the Third Schedule.Third Schedule;

“health officer” means—

(a) the Director and any Deputy Director, Senior Assistant Director and Assistant Director of Medical and Health Services;

(b) any person appointed as a health officer by the Governor; and

(c) any person for the time being performing the duties of a health officer under any Ordinance;

“immovable property” means—

(a) land, whether covered by water or not;

(b) any estate, right, interest or easement in or over any land; and

(c) things attached to land or permanently fastened to anything attached to land;

“imperial enactment” means—

(a) any Act;

(b) any Order in Council;

(c) any Letters Patent or Royal Instructions; and

(d) any rule, regulation, proclamation, order, notice, rule of court, by-law or other instrument made under or by virtue of any Act, Order in Council, Letters Patent or Royal Instructions;

“import” means to bring or cause to be brought into the Colony by air, land or water;

“infant” and "minor” mean a person who has not attained the age of twenty-one years;

“instrument" includes any publication in the Gazette having legal effect;

“judge” means the Chief Justice and any other judge of the Supreme Court;

“justice” and “justice of the peace” mean a person appointed to be a justice of the peace for the Colony either by the Governor or by or under any Ordinance;

“Kowloon” means the area specified in the Fourth Schedule.Fourth Schedule;

“law” means any law for the time being in force in, having legislative effect in, extending to, or applicable in, the Colony;

“Legislative Council” means the Legislative Council of Hong Kong;

“magistrate” means—

(a) any person appointed to be a permanent, special or marine magistrate under the (Cap. 227).Magistrates Ordinance; and

(b) two justices of the peace sitting together, to whom subsection (2) of section 7 of the Magistrates Ordinance applies;

“master”, when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;

“medical practitioner”, “registered medical practitioner” and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the (25 of 1957).Medical Registration Ordinance 1957;

“month” means calendar month;

“movable property” means property of every description except immovable property;

“New Kowloon” means the area specified in the Fifth Schedule.Fifth Schedule;

“New Territories” means the territories leased to Great Britain by the Emperor of China under the Convention dated the 9th day of June, 1898;

“oath” and “affidavit” include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and “swear” in the like case includes affirm;

“occupy” includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;

“offence” includes any crime, treason, felony or misdemeanor and any contravention or other breach of, or failure to comply with, any provision of any Ordinance, for which a penalty is provided;

“officer administering the Government” means the person who succeeds to or is appointed to the administration of the Government of the Colony in accordance with Article XVII of the Letters Patent or under any corresponding provision contained in any other imperial enactment amending or substituted for the same;

“or”, “other” and “otherwise” shall be construed disjunctively and not as implying similarity, unless the word "similar" or some other word of like meaning is added;

“Order in Council” means an order made by Her Majesty in Her Privy Council;

“Ordinance” and “enactment” mean—

(a) any Ordinance enacted by the Governor by and with the advice and consent of the Legislative Council;

(b) any proclamation made by the British Military Administration on or between the 1st day of September, 1945, and the 1st day of May, 1946; and

(c) any subsidiary legislation made under any such Ordinance or proclamation;

“Parliament” and “Imperial Parliament” mean the Parliament of England, the Parliament of Great Britain and the Parliament of the United Kingdom;

“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;

“person” includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word “person” occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;

“personal name” means the names other than a surname which a person most commonly adopts in conjunction with his surname or, in the case of a person having no surname, the names which he commonly adopts;

“pier” includes every quay, wharf of jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier; quay, wharf of jetty;

“police officer” and terms or expression referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the (Cap. 232).Police Force Ordinance;

“power” includes any privilege, authority and discretion;

“prescribed” and “provided”, when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;

“prison” means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;

“Privy Council” means the Lords and others for the time being of Her Majesty’s Most Honourable Privy Council;

“property” includes—

(a) money, goods, choses in action and land; and

(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;

“public” includes any class of the public;

“publication” means—

(a) all written and printed matter;

(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;

(c) anything, whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and

(d) every copy and reproduction of any publication as defined in paragraphs (a),(b) and (c) of this definition;

“public body” includes—

(a) the Executive Council;

(b) the Legislative Council;

(c) the Urban Council;

(d) any other urban, rural or municipal council;

(e) any department of the Government; and

(f) any undertaking by or of the Government;

“public holiday” and “general holiday” mean any day which is a general holiday by virtue of any provision of the (Cap. 149).Holidays Ordinance;

“public office” means any office or employment the holding or discharging of which by a person would constitute that person a public officer;

“public officer” and “public servant” mean any person holding an office of emolument under the Crown in right of the Government of Hong Kong, whether such office be permanent or temporary;

“public place” means—

(a) any public street or pier, or any public garden; and

(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;

“public seal” means the public seal of Hong Kong;

“registered”, when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;

“Registrar of the Supreme Court” means the Registrar of the Supreme Court and any Deputy or Assistant Registrar of the Supreme Court;

“repeal” includes rescind, revoke, cancel or replace;

“rules of court”, when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;

“Secretary of State” means one of Her Majesty’s Principal Secretaries of State for the time being;

“sell” includes exchange and barter;

“ship” includes every description of vessel used in navigation not exclusively propelled by oars;

“sign" includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;

“solicitor” means a person admitted to practise as a solicitor before the Supreme Court;

“standard time” means standard time as defined in section 67;

“statutory declaration”, if made—

(a) in the Colony, means a declaration under the Statutory Declaration Ordinance;

(b) in any part of the Commonwealth except the Colony, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in such part to take or receive a declaration;

(c) in any other place, means a declaration before a British consul or person having authority under any Act for the time being in force to take or receive a declaration;

“street” and “road” meamn—

(a) any highway, street, road, bridge, thoroughfare, parade, square, court, alley, lane, bridle-way, footway, passage; and

(b) any open place, whether situate on land leased from the Crown or not, used or frequented by the public or to which the public have or are permitted to have access;

“subsidiary legislation” and “regulations” mean any proclamation, rule, regulation, order, resolution, notice, rule of court, by-law or other instrument made under or by virtue of any Ordinance and having legislative effect;

“summary conviction” means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance;

“summer time” means summer time as defined in section 68;

“Supreme Court” means the Supreme Court of Hong Kong;

“surname” includes a clan or family name;

“territorial waters” means such part of the sea adjacent to the coast of the Colony as is deemed by international law to constitute the territorial waters of Hong Kong;

“treaty” means a treaty, convention or agreement made with a foreign state, and any protocol or declaration attached thereto or independent thereof but referring thereto;

“triable summarily” means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance;

“trust territory” means a territory administered by the Government of any part of Her Majesty’s dominions under the trusteeship system of the United Nations;

“United Kingdom" means the United Kingdom of Great Britain and Northern Ireland;

“urban areas” means the Colony, excluding the New Territories except New Kowloon;

“Urban Council” means the Urban Council established by the (14 of 1955).Urban Council Ordinance 1955;

“vessel” means any ship or boat and any description of vessel used in navigation;

“waters of the Colony” and “Colonial waters” mean—

(a) all waters, whether navigable or not, included in the Colony; and

(b) territorial waters;

“will” includes any testamentary instrument;

“words” includes figures and symbols;

“writing” and “printing” include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;

“year” means a year according to the Gregorian calendar;

“years of age” and words of a like meaning, when used with reference to the age of any person, mean years of age according to the English reckoning of ages.

Definitions of “Commonwealth” and “British territory”. 4. (1) “Commonwealth” means collectively—

(a) the United Kingdom;

(b) any British territory; and

(c) any other state or territory which may be specified by the Governor in accordance with the provisions of subsection (3).

(2) “British territory” and “British possession” mean any state or territory which may be specified by the Governor in accordance with the provisions of subsection (3).

(3) The Governor may, by notice in the Gazette, order that any state or territory shall be a state or territory specified for the purposes. of paragraph (c) of subsection (1) or of subsection (2).

Grammatical variations and cognate expressions. 5. Where any word or expression is defined in any Ordinance, such definition shall extend to the grammatical variations and cognate expressions of such word or expression.

References to Government property. 6. Where reference is made in any Ordinance to property and the expressions used in relation thereto imply that such property is owned by, or belongs to, the Government, or convey a similar meaning, such reference shall be deemed to refer to such of the property of the Crown of the description mentioned as has been appropriated to the use of the Government.

Provisions for gender and number. 7. (1) Words and expressions importing the masculine gender include the female.

(2) Words and expressions in the singular include the plural and words and expressions in the plural include the singular.

Service by post. 8. Where any Ordinance authorizes or requires any documents to be served or any notice to be given by post or by registered post, whether the expression “serve” or “give” or “send” or any other expression is used, the service or notice shall be deemed to be effected by properly addressing, pre-paying the postage thereon and dispatching by post or by registered post, as the case may be, to the last known postal address of the person to be served or given notice, an envelope containing the document or notice, and, unless the contrary is proved, such service or notice shall be deemed to have been effected at the time at which the envelope would be delivered in the ordinary course of post.

Chinese terms. 9. (1) Chinese words and terms, whether or not in Chinese characters and whether or not in apposition to English words, shall be deemed to form part of any Ordinance in which they appear and shall be construed according to Chinese language and custom.

(2) If there is any conflict in any Ordinance between the meaning of Chinese words or terms and English words used therein, the meaning of the English words shall prevail.

References to pounds sterling. 10. (1) Any reference in any law to a number of pounds sterling shall have effect as if such reference included a reference to sixteen times that number of Hong Kong dollars.

(2) The Governor in Council may from time to time, by notice. in the Gazette, amend subsection (1) to provide that reference to a number of pounds sterling in any law shall include a reference to a number of Hong Kong dollars greater or less than sixteen times the number of pounds sterling.

PART III.
General provisions as to Ordinances.

Ordinance to be public Ordinance. 11. Every Ordinance shall be a public Ordinance and shall be judicially noticed as such.

Sections and schedules. 12. (1) Every section of an Ordinance shall have effect as a substantive enactment without introductory words.

(2) Every schedule to or table in any Ordinance and any notes to such schedule or table shall be construed and have effect as part of such Ordinance.

Citation of Ordinance. 13. (1) Where any Ordinance is referred to, it shall be sufficient for all purposes to cite such Ordinance by—

(a) the title, short title or citation thereof;

(b) its number among the Ordinances of the year in which it was enacted; or

(c) by any chapter number lawfully given to it under the authority of any Ordinance providing for the issue of a revised or other editions of the laws of Hong Kong.

(2) Any reference made to any Ordinance, in accordance with the provisions of subsection (1), may be made according to the title, short title, citation, number or chapter number used in copies of Ordinance printed by the Government Printer.

Collective citation. 14. (1) Where it is provided that any Ordinance may, as to the whole or any part thereof, be cited with any other Ordinance or with any group of Ordinances, all such Ordinances shall be read and construed together, and any such group shall be construed as including such first mentioned Ordinance.

(2) Where it is provided that two or more Ordinances may together be cited by a collective short title or citation containing therein the years of the first and last of such Ordinances, such short title or citation shall be construed to include all the Ordinances covered by the same, or any of them.

Reference to Ordinance as amended. 15. (1) Where in any Ordinance a reference is made to another Ordinance, such reference shall be deemed to include a reference to such last mentioned Ordinance as the same may from time to time be amended.

(2) Where any Ordinance repeals and re-enacts, with or without modification, any provision of a former Ordinance, references in any other Ordinance to the provision so repealed shall be construed as references to the provision so re-enacted.

Citation of part of Ordinance. 16. In any Ordinance a description or citation of a portion of an Ordinance shall 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.

Construction of reference to Ordinance, section, etc. 17. (1) Any reference in any Ordinance to “any Ordinance” or to “any enactment” shall be construed as a reference to any Ordinance for the time being in force.

(2) Where in any Ordinance there is a reference to a section, Part, Chapter or schedule by number or letter only, and not in conjunction with the title or short title of any other Ordinance, such reference shall be construed as a reference to the section, Part, Chapter or schedule of that number or letter contained in the Ordinance in which such reference occurs.

(3) Where in any section of any Ordinance there is a reference to a subsection, paragraph, sub-paragraph or other division by number or letter only, and not in conjunction with the number of any section of that or of any other Ordinance, such reference shall be construed as a reference to the subsection, paragraph, sub-paragraph or other division of that number or letter contained in the section in which such reference occurs.

(4) The provisions of subsections (2) and (3) shall apply mutatis mutandis to subsidiary legislation.

(5) Any reference to an Ordinance in any Ordinance shall include a reference to any subsidiary legislation made under the Ordinance to which reference is made.

Marginal notes. 18. (1) Where any section, subsection or paragraph of any Ordinance is taken verbatim from, or is substantially similar to, a section, subsection or paragraph of any imperial enactment, there may be added the marginal note of the section, subsection or paragraph of the Ordinance a reference, in abbreviated form, to such section, subsection or paragraph of the imperial enactment.

(2) A reference added under subsection (1) shall not have any legislative effect and shall not in any way vary, limit or extend the interpretation of any Ordinance.

(3) A marginal note to any provision of any Ordinance shall not have any legislative effect and shall not in any way vary, limit or extend the interpretation of any Ordinance.

General principles of interpretation. 19. An Ordinance shall be deemed to be remedial and shall receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Ordinance according to its true intent, meaning and spirit.

PART IV.
Commencement, disallowance, amendment and repeal.

Commencement of Ordinance. 20. Every Ordinance shall—

(a) be published in the Gazette; and

(b) come into operation on the expiration of the day next preceding the day of such publication or, if it is provided in the Ordinance or in some other law that such Ordinance shall come into operation on some other day, then it shall come into operation on the expiration of the day next preceding such other day.

Disallowance. 21. (1) Where any Ordinance is disallowed by Her Majesty, such disallowance shall be notified by the Governor by notice in the Gazette; and from and after the date of publication of such notice the Ordinance shall cease to have effect.

(2) Where notice of disallowance of any Ordinance is notified in accordance with the provisions of subsection (1), the provisions of section 23 shall apply in respect of such disallowance as if the words “disallowance” and “disallowed” were substituted therein for the words “repeal” and “repealed” respectively.

(3) Any Ordinance repealed or amended by any Ordinance disallowed shall revive and continue in force in its original form with effect from the date of publication of the notice referred to in subsection (1).

Ordinance and amending Ordinance to be read as one. 22. Any Ordinance which amends any other Ordinance shall be read and construed as one with the amended Ordinance, and the amended Ordinance may, in the amending Ordinance, be referred to as the “principal Ordinance”, “principal regulations” or as the case may be.

Effect of repeal generally. 23. Where an Ordinance repeals in whole or in part any other Ordinance, the repeal shall not—

(a) revive anything not in force or existing at the time at which the repeal takes effect;

(b) affect the previous operation of any Ordinance so repealed or anything duly done or suffered under any Ordinance so repealed;

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

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any Ordinance so repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Ordinance had not been passed.

Repealed Ordinance not revived. 24. Where any Ordinance repealing in whole or in part any former Ordinance is itself repealed, such last repeal shall not revive the Ordinance or provision previously repealed, unless provision is made to that effect.

Repeal and substitution. 25. Where any Ordinance repeals in whole or in part any other Ordinance and substitutes other provisions therefor, the repealed Ordinance shall remain in force until the substituted provisions come into operation.

Repeal of amended Ordinance to include amendments. 26. Where any Ordinance which has been amended by any other Ordinance is repealed, such repeal shall include the repeal of all those provisions of such other Ordinance by which such first mentioned Ordinance was amended.

Effect of expiry of Ordinance. 27. Upon the expiry or lapse of any Ordinance, the provisions of section 23 shall apply as if such Ordinance had been repealed.

PART V.
Subsidiary legislation.

General provision with regard to power to make subsidiary legislation. 28. Where an Ordinance confers power on any authority to make subsidiary legislation, the following provisions shall have effect with reference to the making thereof—

(a) when any subsidiary legislation purports to be made in exercise of a particular power or powers, it shall be deemed also to be made in exercise of all other powers thereunto enabling;

(b) no subsidiary legislation shall be inconsistent with the provisions of any Ordinance;

(c) subsidiary legislation may at any time be amended by the same authority and in the same manner by and in which it was made;

Provided that where such authority has been replaced wholly or in part by another authority, the power conferred hereby upon the original authority may be exercised by the replacing authority concerning all matters or things within its jurisdiction as if it were the original authority;

(d) where any Ordinance confers power on any authority to make subsidiary legislation for any general purpose, and also for any special purpose incidental thereto, the enumeration of the special purposes shall not be deemed to derogate from the generality of the powers conferred with reference to the general purpose;

(e) subsidiary legislation may provide that a contravention or breach thereof shall be punishable on summary conviction by such fine not exceeding two thousand dollars or by such term of imprisonment not exceeding six months as may be specified in the subsidiary legislation or by both such fine and imprisonment;

(f) subsidiary legislation may amend any forms contained in the Ordinance under which such subsidiary legislation is made and may prescribe new forms for the purpose thereof and for the purposes of such subsidiary legislation; and

(g) subsidiary legislation may provide for the imposition of fees and charges in respect of any matter with regard to which provision is made in such subsidiary legislation or in the Ordinance under which such subsidiary legislation is made.

Fees and charges. 29. (1) Where provision is made by any subsidiary legislation in respect of fees or other charges, such subsidiary legislation may provide for all or any of the following matters—

(a) specific fees or charges;

(b) maximum or minimum fees or charges;

(c) maximum and minimum fees or charges;

(d) the payment of fees or charges either generally or under specified conditions or in specified circumstances;

(e) the exemption of any person or class of persons from the payment of fees or charges; and

(f) the reduction, waiver or refund, in whole or in part, of any such fees or charges, either upon the happening of a certain event or in the discretion of a specified person.

(2) Where any reduction, waiver or refund, in whole or in part, of any fee or charge is provided for by any subsidiary legislation, such reduction, waiver or refund may be expressed to apply or be applicable either generally or specially—

(a) in respect of certain matters or transactions or classes of matters or transactions;

(b) in respect of certain documents or classes of documents;

(c) in respect of the occurrence or the termination of any event;

(d) in respect of certain persons or classes of persons; or

(e) in respect of any combination of such matters, transactions, documents, events or persons,

and may be expressed to apply or be applicable subject to such conditions as may be specified in the subsidiary legislation or in the discretion of any person specified therein.

Effect of subsidiary legislation. 30. Subsidiary legislation shall have the same force and effect and shall be as binding and shall be construed for all purposes as if it had been contained in the Ordinance under which it was made.

Construction of subsidiary legislation. 31. Where any Ordinance confers power to make any subsidiary legislation, expressions used in the subsidiary legislation shall have the same meaning as in the Ordinance conferring the power, and any reference in such subsidiary legislation to “the Ordinance” shall be construed as a reference to the Ordinance conferring the power to make such subsidiary legislation.

Exercise of statutory powers between enactment and commencement of Ordinance. 32. Where an Ordinance is not to come into operation on or before the expiration of the day next preceding the day of the publication thereof and confers power to make any appointment, to make any subsidiary legislation, to issue notices, to prescribe forms or to do any other thing for the purposes of the Ordinance, such power may be exercised at any time after the publication of the Ordinance in the Gazette:

Provided that any appointment, subsidiary legislation, instrument, notice, form or thing made, granted, issued, prescribed, given or done under such power shall not, unless the appointment, subsidiary legislation, instrument, notice, form or thing is necessary for bringing the Ordinance into operation, come into operation or have any effect until the Ordinance comes into operation.

Acts done under subsidiary legislation deemed done under Ordinance. 33. An act shall be deemed to be done under an Ordinance or by virtue of the powers conferred by an Ordinance or in pursuance or execution of the provisions of or under the authority of an Ordinance, if it is done under or by virtue of or in pursuance or execution of or under the authority of subsidiary legislation made under any power contained in that Ordinance.

Placing of rules, regulations and by-laws before Legislative Council. 34. (1) All rules, regulations and by-laws shall be laid on the table of the Legislative Council at the next meeting thereof after the publication in the Gazette of such rules, regulations or by-laws.

(2) Where rules, regulations or by-laws have been laid on the table of the Legislative Council, in accordance with the provisions of subsection (1), the Legislative Council may, by resolution passed at the next meeting of the Legislative Council held after the meeting at which they were so laid, provide that any such rules, regulations or by-laws shall be amended in any manner whatsoever, and if any such resolution is so passed, the said rules, regulations or by-laws shall, without prejudice to anything done thereunder, be deemed to be amended as from the date of publication in the Gazette of such resolution.

(3) Any resolution passed by the Legislative Council in accordance with subsection (2) shall be published in the Gazette not later than fourteen days after the passing thereof or within such further period as the Governor may allow in any particular case.

Approval of Legislative Council to subsidiary legislation. 35. Where any Ordinance provides that subsidiary legislation shall be subject to the approval of the Legislative Council or of any other authority, or contains words to the like effect, then—

(a) the subsidiary legislation shall be submitted for the approval of the Legislative Council or other authority; and

(b) the Legislative Council may by resolution or the other authority may by order amend the whole or any part of the subsidiary legislation.

Effect of repeal on subsidiary legislation. 36. (1) Where any Ordinance—

(a) repeals any former Ordinance and substitutes other provisions therefor; or

(b) repeals any former Ordinance and re-enacts such former Ordinance with or without modification,

any subsidiary legislation made under the former Ordinance and in force at the commencement of the repealing Ordinance shall, so far as it is not inconsistent with the repealing Ordinance, continue in force and have the like effect for all purposes as if made under the repealing Ordinance.

(2) Where any subsidiary legislation is continued in force by virtue of subsection (1), such subsidiary legislation may be from time to time amended as if it had been made under the repealing Ordinance.

Forms. 37. Where any form is prescribed by or under any Ordinance, deviations therefrom, not affecting the substance of such form, shall not invalidate it.

PART VI.
Powers.

Presumption of lawful exercise of power. 38. Where any Ordinance confers power upon any person to—

(a) make any subsidiary legislation;

(b) make any instrument; or

(c) exercise any power,

and the Ordinance conferring the power prescribes conditions, subject to the observance, performance or existence of which any such power may be exercised, such conditions shall be presumed to have been duly fulfilled if in the subsidiary legislation or instrument exercising the power there is a statement that the subsidiary legislation or instrument is made, or the power exercised, in exercise of, or in pursuance of, the power conferred by such Ordinance, or a statement to the like effect.

Exercise of powers. 39. (1) Where any Ordinance confers any power or imposes any duty, then the power may be exercised and the duty shall be performed from time to time as occasion requires.

(2) Where any Ordinance confers any power or imposes any duty on the holder of any public office as such, then the power may be exercised and the duty shall be performed by the holder for the time being of that public office.

Construction of enabling words. 40. (1) Where any Ordinance confers upon any person power to do or enforce the doing of any act or thing, all such powers shall be deemed to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.

(2) Without prejudice to the generality of subsection (1), where any Ordinance confers power—

(a) to provide for, prohibit, control or regulate any matter, such power shall include power to provide for the same by the licensing thereof and power to prohibit acts whereby the prohibition, control or regulation of such matter might be evaded;

(b) to grant a licence. Crown lease, permit, authority, approval or exemption, such power shall include power to impose reasonable conditions subject to which such licence, Crown lease, permit, authority, approval or exemption may be granted;

(c) to approve any person or thing, such power shall include power to withdraw approval thereof;

(d) to give directions, such power shall include power to couch the same in the form of prohibitions.

(3) Without prejudice to the generality of subsection (1), whenever in any Ordinance the expression “as the Governor may appoint” or “as the Governor may direct” or “as the Governor may specify” or “as the Governor may prescribe” or “as may be designated by the Governor”, or any similar expression referring to the Governor, appears and no power is expressly conferred upon the Governor to make the appointment, give the direction or specification, prescribe or make the designation, as the case may be, such power shall nevertheless be deemed to be conferred.

(4) Subsection (3) shall have effect in relation to the Governor in Council, a public officer, a public body or other person as it has effect in relation to the Governor.

Power to issue licences, etc. discretionary. 41. (1) Where any Ordinance confers power upon any person to issue, grant, give or renew any licence, Crown lease, authority, approval or permit, the person so empowered shall have a discretion either to issue, grant, give or renew or to refuse to issue, grant, give or renew such licence, Crown lease, authority, approval or permit.

(2) Nothing in this section shall affect any right which may be conferred by any Ordinance upon any person to appeal against a refusal to issue, grant, give or renew any licence, Crown lease, authority, approval or permit.

Power to appoint includes power to suspend, dismiss, re-appoint, etc. 42. Where any Ordinance confers a power or imposes a duty upon any person to make any appointment or to constitute or establish any board, tribunal, commission, committee or similar body, then the person having such power or duty shall also have the power—

(a) to remove, suspend, dismiss or revoke the appointment of, and to re-appoint or reinstate, any person appointed in exercise of such power or duty;

(b) to revoke the appointment, constitution or establishment of, or to disslove, any board, tribunal, commission, committee or similar body appointed, constituted or established, in exercise of such power or duty, and to re-appoint, re-constitute or re-establish the same; and

(c) to specify the period for which any person appointed in exercise of such power or duty shall hold such appointment:

Provided that where the power or duty of such person so to act is only exercisable upon the recommendation, or is subject to the approval or consent, of some other person, then such power shall only be exercisable upon such recommendation or subject to such approval or consent.

Delegation by specified public officers. 43. (1) Where any Ordinance confers powers or imposes duties upon a specified public officer, such public officer may delegate any other public officer or the person for the time being holding any office designated by him to exercise such powers or perform such duties on his behalf, and thereupon, or from the date specified by such specified public officer, the person delegated shall have and may exercise such powers and perform such duties.

(2) Nothing in subsection (1) shall authorize a specified public officer to delegate any person to make subsidiary legislation or to hear any appeal.

(3) Where any Ordinance confers any power or imposes any duty upon a specified public officer and such power is exercised or such duty is performed by any other public officer, the specified public officer shall, unless the contrary is proved, be deemed to have delegated the latter public officer under subsection (1) to exercise the power or perform the duty.

(4) In this section “specified public officer” means the person for the time being holding any public office which has been specified, either generally or for the purposes of any particular Ordinance, under this section by the Governor by notice in the Gazette.

Effect of delegation of powers and duties. 44. (1) Where any Ordinance confers power upon any person to delegate the exercise on his behalf of any of the powers or the performance of any of the duties conferred or imposed upon him under any Ordinance—

(a) such delegation shall not preclude the person so delegating from exercising or performing at any time any of the powers or duties so delegated;

(b) such delegation may be conditional, qualified or limited in such manner as the person so delegating may think fit;

(c) where the delegation may be made only with the approval of some person, such delegation may be conditional, qualified or limited in such manner as the person whose approval is required may think fit; and

(d) the delegation may be to a named person or to the person for the time being holding any office designated by the person so delegating.

(2) The delegation of any power shall be deemed to include the delegation of any duty incidental thereto or connected therewith and the delegation of any duty shall be deemed to include the delegation of any power incidental thereto or connected therewith.

Exercise of powers in special cases. 45. Where any Ordinance confers any power or imposes any duty upon the holder of any public office and either—

(a) that office has been abolished; or

(b) no person has been appointed to discharge the functions of that office,

those powers and duties may be exercised or performed—

(i) in the case of making subsidiary legislation, by the Governor; and

(ii) in any other case, by the holder of such other public office as the Governor may by order direct.

Power to make public instruments and perform acts. 46. Where any Ordinance confers power upon any person to make, issue or approve any proclamation, order, notice, declaration, instrument, notification, licence, permit, register or list, such power shall include power—

(a) to amend or suspend such proclamation, order, notice, declaration, instrument, notification, licence, permit, register or list;

(b) to substitute another proclamation, order, notice, declaration, instrument, notification, licence, permit, register or list for one already made, issued or approved;

(c) to withdraw approval of any proclamation, order, notice, declaration, instrument, notification, licence, permit, register or list so approved; and

(d) to declare the date of the coming into operation, and the period of operation, of any such proclamation, order, notice, declaration, instrument, notification, licence, permit, register or list.

Power to relate back appointment. 47. Any appointment made under the provisions of any Ordinance may be declared to have effect as from the date upon which the person appointed in fact began to exercise the powers and perform the duties of his appointment, not being a date earlier than the commencement of the Ordinance under which the appointment is made.

PART VII.
Boards and committees.

Power to appoint chairman. 48. Where any Ordinance confers power upon any person to appoint any persons to be members of any board, tribunal, commission. committee or similar body, the person so appointing may appoint a chairman, a deputy chairman, a vice-chairman and a secretary of such board, tribunal, commission, committee or similar body.

Power to appoint public officer to board, etc. 49. Where any Ordinance confers power upon any person to appoint any persons to be members of any board, tribunal, commission, committee or similar body, the person so empowered may appoint any public officer, by his official designation, to be a member of such board, tribunal, commission, committee or similar body, and, on such appointment and until such appointment shall be revoked or otherwise determined, the person for the time being holding the public office in question shall be a member of such board, tribunal, commission, committee or similar body.

Appointment of alternates. 50. Where any board, tribunal, commission, committee or similar body is established by or under any Ordinance, any person who is empowered by such Ordinance to appoint any or all of the members thereof may—

(a) appoint one or more duly qualified persons to be alternate members of the same, and any one such alternate member may attend any meeting of the same when a substantive member is temporarily unable to attend for any reason; and

(b) appoint a duly qualified person to be a temporary member of the same in the place of any substantive member who is precluded by illness, absence from the Colony or any other cause from exercising his functions as such,

and when attending any meeting of such board, tribunal, commission, committee or similar body, such alternate or temporary member shall be deemed for all purposes to be a member of the same.

Powers of board, etc. not affected by vacancy. 51. Where any board, tribunal, commission, committee or similar body is established by or under any Ordinance, the powers of such board, tribunal, commission, committee or similar body shall not be affected by—

(a) any vacancy in the membership thereof;

(b) any defect in the appointment or qualification of a person purporting to be a member thereof; or

(c) any minor irregularity in the convening of any meeting thereof.

Power of majority and exercise of powers. 52. (1) Where any Ordinance confers a power or imposes a duty upon a body or number of persons consisting of or being not less than three, such power may be exercised or duty performed in the name of that body or number of persons by a majority of those persons.

(2) Whenever such body or number of persons is assembled, the chairman or other member presiding shall have a casting as well as a deliberative vote, in all matters in which a decision is taken by vote by whatever name such vote may be called.

(3) The exercise of any power vested in such body or number of persons may be signified either by the chairman or other person presiding at the meeting or other deliberation at which such power was exercised or at which, as the case may be, authority to exercise it was conferred, or by any person from time to time authorized by such body or persons to signify the exercise of such power.

Seal. 53. Where any Ordinance constitutes any board, tribunal, commission, committee or similar body to be a body corporate having perpetual succession and a common seal, and any document requires to be sealed with such common seal, then such common seal shall be affixed by the chairman of such board, tribunal, commission, committee or similar body, or by any member thereof appointed by the chairman for that purpose, and shall be authenticated by the signature of the chairman or such member.

PART VIII.
Public officers and public contracts.

References to public officer. 54. In any Ordinance, instrument, warrant or process of any kind, any reference to a public officer, or to a person holding a public office by a term designating his office, shall include a reference to any person for the time being lawfully discharging the functions of that office, or of any part of such functions, and any person appointed to act in or perform the duties of such office, or any part of such duties, for the time being.

Change of title of office. 55. The Governor may, by notice (which may be given retrospective effect) in the Gazette, declare a change in title of any public office or Government department, and such change of title shall have effect from the date specified in such notice or, if no date is specified therein, from the date of publication thereof in the Gazette and with effect from such day, any reference in any Ordinance to the former title of such public office or Government department shall be read and construed as a reference to that office or department by such new title as the Governor may have so declared.

Appointment of officers by name or office. 56. Where any Ordinance confers power upon any person to appoint or name a person to have and exercise any powers or perform any duties, the person so empowered may either appoint a person by name or direct the person for the time being holding any office designated by him to have and exercise such powers or perform such duties; and thereupon, or from the date specified by the person so empowered, the person appointed by name or the person holding the office aforesaid shall have and may exercise such powers or perform such duties accordingly until such appointment be revoked or otherwise determined.

Filling vacancy. 57. (1) When any Ordinance confers a power or imposes a duty upon a public officer and such public officer is unable to exercise the powers or perform the duties of his office, owing to absence or inability to act from illness or any other cause, the Governor may, by notice in the Gazette, direct that such power shall be had and may be exercised and such duty shall be performed by a public officer named by, or by a public officer holding the office designated by, the Governor, subject to such conditions, exceptions and qualifications as the Governor may direct.

(2) Any direction by the Governor under subsection (1) may be given—

(a) in anticipation of any absence or inability occurring; or

(b) subsequently thereto and may relate back to the commencement of such absence or inability.

(3) Where any Ordinance confers powers or imposes duties upon a public officer and a new post is subsequently created in the same or another Government department, the Governor may, by notice in the Gazette, direct that the said powers and duties or any of them shall be exercised by any holder of the new post so created, either to the exclusion of or in addition to the first named public officer or otherwise.

Power to appoint while holder on retirement leave. 58. (1) Where the holder of any public office is on leave of absence pending the relinquishment by him of such office, another person may be appointed to the same public office.

(2) Where two or more persons are holding the same public office by reason of an appointment made in accordance with subsection (1), then, for the purposes of any Ordinance and in respect of any power conferred or duty imposed upon the holder of such office, the person last appointed to the office shall be deemed to be the holder thereof.

Contracts by public officer. 59. In any contract or other document, signed, executed or made by the Governor or by any public officer on behalf of the Governor or the Government or of any Government department, it shall not be necessary to name the Governor or such public officer, but it shall be sufficient to name the office held by the Governor or such public officer, and the Governor or public officer shall be deemed to be a party thereto as if the Governor or such public officer were a corporation sole with perpetual succession for this purpose.

Effect of past contracts by public officer. 60. Any contract or other document signed, executed or made before the commencement of this Ordinance by the Governor or by any public officer on behalf of the Governor or the Government or of any Government department shall be enforceable as if the office of Governor or such public officer had, at the time of such execution or making, been a corporation sole with perpetual succession for this purpose.

Omission of title after signature of public officer immaterial. 61. The omission to add the title of the public office held by the Governor or any public officer signing or executing any contract or other document after the signature of such officer shall not exclude such contract or other document from the operation of sections 59 and 60.

PART IX.
Crown, Governor and Governor in Council.

Signification of orders of Governor and Governor in Council. 62. (1) Where any Ordinance confers a power or imposes a duty upon the Governor or the Governor in Council to make any subsidiary legislation or appointment, give any directions, issue any order, authorize any thing or matter to be done, grant any exemption, remit any fee or penalty, or exercise any other power or perform any other duty, the exercise of such power or the performance of such duty may be signified—

(a) in the case of the Governor, under the hand of the Colonial Secretary;

(b) in the case of the Governor in Council, under the hand of the Clerk of Councils.

(2) Notwithstanding the provisions of subsection (1), proclamations shall be made or issued only under the hand of the Governor himself.

Delegation by Governor. 63. (1) Where any Ordinance confers powers or imposes duties upon the Governor, he may delegate any person by name or the person holding any office designated by him to exercise such powers or perform such duties on his behalf and thereupon, or from the date specified by the Governor, the person so delegated shall have and may exercise such powers and perform such duties.

(2) Without prejudice to the provisions of any Letters Patent or Royal Instructions relating to the appointment of a deputy to the Governor, nothing in subsection (1) shall authorize the Governor to delegate any person to make subsidiary legislation, issue proclamations or to determine any appeal.

(3) Where any Ordinance confers powers or imposes duties upon the Governor and such power is exercised or such duty is performed by any public officer, the Governor shall, unless the contrary is proved, be deemed to have delegated such public officer under subsection (1) to exercise the power or perform the duty.

Appeals to Governor in Council. 64. (1) Where any Ordinance confers upon any person a right of appeal, other than by way of petition, to the Governor in Council against any decision of any person, public officer or public body, such appeal shall be governed by rules made in accordance with subsection (2).

(2) The Governor in Council may make rules governing the procedure to be followed in appeals, other than by way of petition, to the Governor in Council.

(3) The conferring by any Ordinance of a right of appeal to the Governor in Council shall not prevent any person from applying to the Supreme Court for an order of mandamus, certiorari, prohibition, injunction or any other order, instead of appealing to the Governor in Council, where an application for such an order would lie, but no proceedings by way of mandamus, certiorari, prohibition, injunction or other order shall be taken against the Governor in Council in respect of any such appeal to the Governor in Council or any proceedings connected therewith.

(4) The Governor in Council, when considering any appeal to him (whether by way of petition or otherwise, and whether such appeal is made by virtue of any Ordinance or otherwise) shall act in an administrative or executive capacity and not in a judicial or quasi-judicial capacity and shall be entitled to consider and take into account any evidence, material, information or advice in his absolute discretion.

(5) The Governor in Council, when considering any appeal to him (whether by way of petition or otherwise and whether such appeal is made by virtue of any Ordinance or otherwise) against any decision of any person, public officer or public body, may confirm, vary or reverse such decision or substitute therefor such other decision or make such other order as the Governor in Council may think fit.

References to the Sovereign. 65. Any reference to the Sovereign or to the Crown shall be construed as a reference to the Sovereign for the time being.

Saving of rights of Crown. 66. No Ordinance shall in any manner whatsoever affect the right of or be binding on the Crown unless it is therein expressly provided or unless it appears by necessary implication that the Crown is bound thereby.

PART X.
Time and distance.

Standard time. 67. (1) Standard time means the mean time of the 120th meridian East of Greenwich, that is to say eight hours in advance of Greenwich Mean Time.

(2) Whenever any expression of time occurs in any Ordinance, the time referred to shall be held to be—

(a) summer time, during the period thereof;

(b) at all other times, standard time.

Summer time. 68. (1) Summer time in the Colony shall be one hour in advance of standard time as defined in section 67.

(2) The period of summer time shall be the period between 3.30 (standard time) in the morning of the first Sunday after the 15th April and 3.30 (summer time) in the morning of the first Sunday after the 15th October in each year.

(3) Nothing in this section or section 67 shall affect the use of Greenwich Mean Time for the purposes of astronomy, meteorology, navigation or aviation, or affect the construction of any document mentioning or referring to a point of time in connexion with any of these purposes.

References to “a.m.” and “p.m.”. 69. The expression “a.m.” indicates the period between midnight and the following noon, and the expression “p.m.” indicates the time between noon and the following midnight. Where two such expressions occur conjunctively in relation to any specified hour or in conjunction with the word “sunset” or “sunrise”, they shall be construed as relating to a consecutive period of time.

Provision where no time prescribed. 70. Where no time is prescribed or allowed within which any thing shall be done, such thing shall be done without unreasonable delay, and as often as due occasion arises.

Computation of time. 71. In computing time for the purposes of any Ordinance—

(a) a period of days from the happening of any event or the doing of any act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is done;

(b) if the last day of the period is a public holiday the period shall include the next following day, not being a public holiday;

(c) where any act or proceeding is directed or allowed to be done or taken on a certain day, then if that day is a public holiday, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next following day, not being a public holiday;

(d) where an act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, no public holiday shall be reckoned in the computation of that time.

Power to extend time. 72. Where in any Ordinance a time is prescribed for doing any act or taking any proceeding and power is given to a court, public body, public officer or other authority to extend such time, then the power may be exercised by the court, public body, public officer or other authority although the application for the same is not made until after the expiration of the time prescribed.

Distance. 73. In the measurement of any distance for the purposes of any Ordinance, that distance shall be measured in a straight line on a horizontal plane.

Warrants. etc. valid on public holiday. 74. Any summons, notice, warrant or other process may be issued, served or executed and any arrest, search or seizure may be carried out or made on any day, whether a public holiday or not, and at any hour of the day or night.

PART XI.
Imperial enactments.

Modifications. 75. An imperial enactment shall be judicially noticed as such and shall be read with such modifications as to names, localities, courts, officers, persons, moneys, penalties or otherwise as may be necessary to make the same applicable to the circumstances of the Colony.

Citation of imperial enactments. 76. An imperial enactment may be cited by a short title or citation, if any, or by reference to the regnal or calendar year in which it was passed or by the number assigned to any statutory instrument or statutory rule and order.

Construction of reference to imperial enactment. 77. A reference in any law to an imperial enactment or to any provision, part or division thereof shall be construed as a reference to the same as the same may be from time to time amended and as a reference to any imperial enactment or to any provision, part or division thereof, substituted therefor.

References to subsidiary legislation under imperial Acts. 78. A reference in any law to any imperial Act shall include a reference to any Order in Council, rule, regulation, proclamation, order, notice, rule of court, by-law or other instrument made under or by virtue thereof and having legislative effect.

Construction of imperial enactments. 79. Any imperial enactment shall be construed in accordance with the terms thereof and of any interpretation statute applicable thereto and, to the extent to which no provision is made in the imperial enactment or in such statute for the interpretation thereof, in accordance with the provisions of this Ordinance as if such imperial enactment were itself an Ordinance; and any reference in this Ordinance to an Ordinance shall, in the interpretation of an imperial enactment, include a reference to imperial enactments.

Proof of imperial enactments. 80. A copy of—

(a) any printed collection purporting to be printed or published by authority; or

(b) the Gazette, purporting to be printed by the Government Printer,

containing any imperial enactment, shall be prima facie evidence in all courts and for all purposes whatsoever of the due making and tenor of such imperial enactment, without any proof being given that such copy was so printed.

PART XII.
Fees, penalties, offences and proceedings.

Attempts to commit offences. 81. (1) A provision in any Ordinance which creates or results in the creation of an offence shall be deemed to include a provision that an attempt to commit such an offence shall itself constitute an offence which may be dealt with and punished in like manner as if the offence had been committed.

(2) Where a person is charged with an offence, he may be convicted of having attempted to commit that offence although he was not charged with the attempt.

(3) Nothing in this section shall affect any law relating to attempts to commit offences at common law.

Reference to an offence to include attempts, etc. 82. (1) Where—

(a) any Ordinance confers a power or imposes a duty which is to be exercised or performed consequent upon a conviction of an offence or in relation to a person who is detained in custody for an offence; or

(b) a reference is otherwise made in any Ordinance to an offence,

then that power or duty or that reference shall be deemed to be also exercisable or performable consequent upon a conviction of, or include a reference to, as the case may be—

(i) an attempt to commit that offence;

(ii) aiding, abetting, counselling or procuring that offence; and

(iii) a conspiracy to commit that offence.

(2) Subsection (1) shall apply to powers of imposing pecuniary penalties and of forfeiture, seizure and search, and to powers and discretions to cancel, suspend or refuse to issue any licence, permit or other authorization, but nothing in this section shall apply to any offence for which a sentence of death may be imposed, or be deemed to authorize the imposition of any sentence of imprisonment otherwise than in default of payment of any pecuniary penalty which may be imposed by virtue of this section.

Acts constituting two or more offences. 83. Where any act constitutes two or more offences, whether under the same Ordinance or otherwise, the offender shall be liable to be prosecuted and punished for any or all such offences but shall not be liable to be punished twice for the same offence.

Liability of directors, etc. 84. Where a person by whom an offence under any Ordinance has been committed is a company and it is proved that the offence was committed with the consent or connivance of a director or other officer concerned in the management of the company, the director or other officer shall be guilty of the like offence.

Imposition of penalty not to bar civil action. 85. The imposition of a penalty or fine by or under any Ordinance shall not relieve any person from liability to answer in damages to a person injured.

Penalties prescribed to be deemed maximum penalties. 86. Where in any Ordinance a penalty is prescribed for an offence under that Ordinance, such provision shall imply—

(a) that such offence shall be punishable upon conviction by a penalty not exceeding the penalty prescribed; and

(b) if the amount of the fine is unspecified, that such offence shall, without prejudice to any law against excessive or unreasonable fines or assessments, be punishable by a fine of any amount.

Statement of penalty at end of section. 87. Where in any Ordinance a penalty is set out at the foot of any section or part thereof the same shall mean that any contravention of that section or part shall be an offence under such Ordinance punishable upon conviction by a penalty not exceeding the penalty so set out.

Certain penalties may be cumulative. 88. Where in any Ordinance more than one penalty is prescribed for an offence, the use of the word “and” shall mean that the penalties may be inflicted alternatively or cumulatively.

Trial of offences. 89. (1) Where any provision in any Ordinance creates, or results in the creation of, an offence, the offence shall be triable summarily only, unless—

(a) the offence is declared to be treason, felony or misdemeanor;

(b) the words “upon indictment” appear; or

(c) the offence is declared to be a “misdemeanor triable summarily”.

(2) Where any provision in any Ordinance creates, or results in the creation of, an offence and—

(a) the offence is declared to be treason, felony or misdemeanor; or

(b) subject to subsection (4), the words “upon indictment” appear, the offence shall be triable only upon indictment.

(3) Where any provision in any Ordinance creates, or results in the creation of, an offence and the offence is declared to be a “misdemeanor triable summarily”, the offence shall be triable either on indictment or summarily.

(4) Where any provision in any Ordinance creates, or results in the creation of, an offence and the offence is declared to be triable either summarily or upon indictment or to be punishable on summary conviction or on indictment, the offence shall be triable either on indictment or summarily.

(5) Nothing in this section shall affect—

(a) the powers conferred upon a magistrate by the (Cap. 227).Magistrates Ordinance or by any other law to try an indictable offence summarily; or

(b) the powers conferred upon the District Court by any law to try indictable offences.

Punishment of misdemeanor. 90. Where an offence is a misdemeanor by any law and no punishment is provided therefor, that offence shall be punishable by imprisonment for seven years and a fine of fifty thousand dollars.

Evidence of signature of fiat, etc. 91. Where the fiat, authorization, sanction, consent or authority of the Governor or any other public officer is necessary before any prosecution or action is commenced, or for any purpose whatsoever in connexion with any proceeding, any document purporting to bear the fiat, authorization, sanction, consent or authority of the Governor, or such public officer, as the case may be, shall, until the contrary is proved, be received as evidence in any proceeding without proof being given that the signature to such fiat, authorization, sanction, consent or authority is that of the Governor or such public officer.

Amendment of penalty. 92. Where an act or omission constitutes an offence and the penalty for such offence is varied between the time of the commission of such offence and the conviction therefor, the offender shall be liable to the penalty prescribed at the time of the commission of the offence.

Disposal of fines and penalties. 93. Any fine or penalty imposed by or under the authority of any Ordinance shall be paid into the general revenue of the Colony:

Provided that the Governor may direct the payment to any aggrieved person, or to any person whose information or evidence has led to the conviction of the offender or to the recovery of the fine or penalty, of such proportion of the fine or penalty as he may think fit.

Disposal of forfeits. 94. (1) Where under any Ordinance any movable property is adjudged by any court or other authority to be forfeited, it shall be forfeited to the Crown, and the net proceeds thereof, if it is ordered by a competent authority to be sold, shall be paid into the general revenue of the Colony.

(2) Nothing in this section shall affect any provision in any Ordinance whereby any portion of any forfeit or of the proceeds of any forfeit is expressed to be recoverable by any person or may be granted by any authority to any person.

Award of compensation. 95. (1) The Legislative Council may by resolution award compensation, by way of either a single payment or periodical payments, from the general revenue of the Colony to any person injured in the execution of a moral or legal duty to assist in the prevention of or resistance to crime or any offence, or to the dependants of a person so injuried who dies as a result of such injury.

(2) Any award made under this section may be made subject to such conditions as may be specified in such resolution and may at any time be varied or revoked by the Legislative Council by resolution.

(3) No award made under this section shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Government.

Reduction, etc. of fees and charges. 96. Any fee or charge made payable by or under any Ordinance to the Crown or the Government or to any public body or public officer, not being a fee or charge which is regulated by rules of court—

(a) may be reduced or varied by order of the Governor:

Provided that no variation thereof shall cause such fee or charge to exceed the original figure;

(b) may be remitted or refunded, in whole or in part, in any particular case and on any special ground by the Governor;

(c) subject as aforesaid shall be paid into or from the general revenue of the Colony.

Collection of fees. 97. (1) Where by any Ordinance the signature of the Governor or of any public officer is required to any certificate, authorization, consent, licence, permit or exemption, or any alteration, transfer or renewal thereof, addition thereto or endorsement thereon, or any copy of the same, and no fee for such signature is prescribed by law, there shall be payable for such signature such fee as the Governor may prescribe by notice in the Gazette.

(2) Where any Ordinance requires or authorizes the issue of any document by a public officer, such public officer may, subject to any directions of the Governor, issue a duplicate of such document, upon payment of such fee as may be prescribed by law or as the Governor may prescribe by notice in the Gazette if no fee is prescribed by law.

(3) Where any Ordinance requires or authorizes any alteration, transfer, or endorsement of or addition to any certificate, authorization, consent, licence, permit or exemption by a public officer, such fee shall be payable therefor as may be prescribed by law or as the Governor may prescribe by notice in the Gazette if no fee is prescribed by law.

(4) Where an extract of any document, book, record or instrument may be properly certified by a public officer as a true extract of such document, book, record or instrument, such fee shall be payable for the certifying of the extract by such officer as may be prescribed by law or as the Governor may prescribe by notice in the Gazette if no fee is prescribed by law.

PART XIII.
Miscellaneous.

Gazette to be evidence of matters therein. 98. A copy of the Gazette containing any Ordinance or any instrument, or of any copy of any Ordinance or any instrument, purporting to be printed by the Government Printer, shall be prima facie evidence in all courts and for all purposes whatsoever of the due making and tenor of such Ordinance or instrument, without any proof being given that such copy of the Gazette was so printed.

Reprint of Ordinances. 99. The Government Printer may, with the authority of the Governor, print copies of any Ordinance with all additions, omissions, substitutions and amendments effected by any amending Ordinances, and such copies shall be deemed to be authentic copies of the Ordinance so amended as at the date of such printing.

Performance of acts for which payment required. 100. (1) Where any person, public officer, Government department or public body is required to do anything for which a fee is to be paid charge made under any Ordinance, such person, public officer, Government department or public body may decline to do that thing until the fee or charge is paid or, where the precise amount of the payment to be made cannot be ascertained until the thing is done, until there be paid such amount as may be estimated to be the correct amount by the person, public officer or the responsible officer of the Government department or public body required to do the thing.

(2) Where a thing has been done for which an estimated amount shall have been paid, such amount shall be adjusted to the correct. amount either by means of a further payment or by a refund of the amount overpaid.

Amendment of Schedules. 101. The Governor may from time to time, by notice in the Gazette, amend all or any of the Schedules.

Repeals.
(Cap. 1).
(Cap. 88).
(Cap. 91).
(Cap. 118).
(20 of 1953). 102. (1) The following Ordinances are hereby repealed—

(a) the Interpretation Ordinance;

(b) the Official Signatures Fees Ordinance;

(c) the Public Officers (Conviction of Crime) Ordinance;

(d) the Compensation (Special Cases) Ordinance; and

(e) the Summer Time Ordinance 1953.

(2) Subsection (3) of section 25 of the (68 of 1955).
(Cap. 149).
(Cap. 23).Buildings Ordinance 1955, section 8 of the Holidays Ordinance and sections 18 to 22 inclusive of the Law Amendment (Miscellaneous Provisions) Ordinance are hereby repealed.

Boundaries of the City of Victoria.

On the north—The Harbour;

On the west—A line running due north and south drawn through the north-west angle of Inland Lot No. 1299 and extending southwards a distance of 850 feet from the aforesaid angle;

On the south—A line running due east from the southern extremity of the western boundary until it meets a contour in the vicinity of the Hill above Belchers 700 feet above principal datum, that is to say, a level 17.833 feet below the bench-mark known as “Rifleman’s Bolt”, the highest point of a copper bolt set horizontally in the east wall of the Royal Navy Office and Mess Block Naval Dockyard, and thence following the said contour until it meets the eastern boundary;

On the east—A line following the west side of the Government Pier, Bay View and thence along the west side of Hing Fat Street, then along the north side of Causeway Road to Moreton Terrace. Thence along the west side of Moreton Terrace to the south-east corner of Inland Lot No. 1580 and produced in a straight line for 80 feet, and thence along the north side of Cotton Path and produced until it meets the west side of Wong Nei Chong Road on the east side of Wong Nei Chong Valley and thence to the south-east angle of Inland Lot No. 1364, produced until it meets the southern boundary.

Boundaries of the Colony.

On the south—The parallel of latitude 22°09′ north between the points where it is intersected by the meridian of longitude 114°30′ east of Greenwich and the line of the western boundary.

On the north—A line drawn from the point where the meridian of longitude 113°52′ 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 point the shore of Deep Bay; thence along the high water mark upon the shore of Deep Bay to the estuary of the Sham Chun River; thence by a line drawn as described in the agreement delineating the northern frontier of the New Territories signed by James Haldane Stewart Lockhart and Wong Tsun-shin at Hong Kong on the 19th day of March, 1899, and following the high water mark in Mirs Bay to the point where the meridian of longitude 114°30′ east of Greenwich intersects the mainland high water mark;

On the east—The meridian of longitude 114°30′ east of Greenwich between the points where it intersects the mainland high water mark and the parallel of latitude 22°09′ north;

On the west—The meridian of longitude 113°52′ east of Greenwich between the point where it intersects the parallel of latitude touching the extreme south-west point of the shore of Deep Bay and the north coast of Lantau Island. The boundary then follows the western coast line of Lantau Island including the waters appertaining thereto to the extreme south-west point thereof and thence runs in a south-easterly direction to the extreme south-west point of Tai A Chau Island in the Soko Island Group and continues in the same straight line to the point at which it intersects the parallel of latitude 22°09′ north.

Boundaries of the Harbour.

On the east—A straight line drawn from the westernmost extremity of Siu Chau Wan Point to the westernmost extremity of Ah Kung Ngam Point (sometimes known as Kung Am);

On the west—A straight line drawn from the westernmost point of Island of Hong Kong to the westernmost point of Green Island, thence a straight line drawn from the westernmost point of Green Island to the easternmost point of Tsing Yi Rock, thence a straight line drawn true north from the easternmost point of Tsing Yi Rock to Tsing Yi, thence along the eastern and northern coast lines of Tsing Yi to the westernmost extremity of Tsing Yi and thence a straight line drawn true north therefrom to the mainland.

Area of Kowloon.

“Kowloon” means that portion of the peninsula of Kaulung which was ceded to Great Britain by the Emperor of China on the 24th day of October, 1860.

Area of New Kowloon.

“New Kowloon” means that portion of the New Territories which is delineated in red and shown upon a plan marked “New Kowloon” dated the 8th day of December, 1937, signed by the Director of Public Works, countersigned by the Governor and deposited in the Land Office.

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 26th day of October, 1966, and is found by me to be a true and correctly printed copy of the said Bill.

D. Barton,
Deputy Clerk of Councils.