A BILL
To
Enclosure No. 4
Amend the Interpretation and General Clauses Ordinance.
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Interpretation and General Clauses Short title. (Amendment) (No. 2) Ordinance 1986.
2. Section 34 of the principal Ordinance is repealed and replaced by the Repeal and following-
"Placing of subsidiary legislation
before Legislative Council,
34. (1) All subsidiary legislation shall be laid on the table of the Legislative Council at the next sitting thereof after the publication in the Gazette of that subsidiary legislation.
(2) Where subsidiary legislation has been laid on the table of the Legislative Council under subsection (1), the Legislative Council may, by resolution passed at a sitting of the Legislative Council held not later than 28 days after the sitting at which it was so laid, provide that such subsidiary legislation shall be amended in any manner whatsoever consistent with the power to make such subsidiary legislation, and if any such resolution is so passed the subsidiary legislation 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) If the period referred to in subsection (2) would but for this subsection expire-
(a) after the end of a session of the Legislative Council or a
dissolution thereof; but
(b) on or before the day of the second sitting of the Legislative
Council in the next following session thereof,
that period shall be deemed to extend to and expire on the day after that second sitting.
(4) Before the expiry of the period referred to in subsection (2) or that period as extended by virtue of subsection (3), the Legislative Council may by resolution in relation to any subsidiary legislation specified therein extend that period or that period as so extended by a further period not exceeding 21 days.
(5) Any resolution passed by the Legislative Council in accor- dance with this section shall be published in the Gazette not later than 14 days after the passing thereof or within such further period as the Governor may allow in any particular case.
(6) In this section "subsidiary legislation" does not include a resolution of the Legislative Council.".
Explanatory Memorandum
This Bill amends section 34 of the Interpretation and General Clauses Ordinance to give the Legislative Council greater flexibility to intervene in relation to subsidiary legislation laid on the table of the Legislative Council.
2. The Bill has no Public Service staffing or financial implications.
replacement of section 34. (Cap. 1.)