Enclosure No. 4
A BILL
Το
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 and (Amendment) Ordinance 1987 and shall come into operation on a day to be appointed commencement. by the Governor by notice in the Gazette.
2.
Section 3 of the principal Ordinance is amended—
(a) by inserting after the definition of "document" the following—
““enact”, in relation to subsidiary legislation, means make;”;
(b) by inserting after the definition of "offence" the following—
"official languages" means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be;".
Amendment of section 3.
(Cap. 1.)
3. Section 9 of the principal Ordinance is repealed and replaced by the Repeal and
following-
"Chinese words and expressions.
9. Chinese words and expressions in the English text of an Ordinance shall be construed according to Chinese language and custom.".
replacement of section 9.
4. The principal Ordinance is amended by adding after Part II the following Addition of new
Application of Part IIA.
(Cap. 5.)
Construction of
Ordinances in
both official
languages.
Expressions of English law.
"PART IIA
GENERAL Provisions as to Laws
IN BOTH OFFICIAL LANGUAGES
10A. This Part shall apply to an Ordinance-
(a) enacted in both official languages; or
(b) in respect of which an authentic text is published under
section 4B of the Official Languages Ordinance.
10B. (1) The English language text and the Chinese language text of an Ordinance shall be equally authentic, and the Ordinance shall be construed accordingly.
(2) The provisions of an Ordinance are presumed to have the same meaning in each authentic text.
(3) Where a comparison of the authentic texts of an Ordinance discloses a difference of meaning which the rules of statutory interpre- tation ordinarily applicable do not resolve, the meaning which best reconciles the texts, having regard to the object and purposes of the Ordinance, shall be adopted.
10C. (1) Where an expression of the common law is used in the English language text of an Ordinance and an analogous expression is used in the Chinese language text thereof, the Ordinance shall be construed in accordance with the common law meaning of that expression.
Part IIA.