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THE HONGKONG GOVERNMENT GAZETTE, 20тп NOVEMBER, 1897.
Construction
of provisions
as to exercise of statutory powers and performance
of statutory duties.
Exercise of statutory powers between passing and
commence-
ment of future
Ordinances.
General provisions
with respect
to power given to any authority to make rules.
References to
repealed enactments.
Application of rules of inter- pretation, etc. to statutes
generally.
Mode of
rules, regulations, or by-laws, expressions used in the in- strument, if it is made after the commencement of this Or- dinance, shall, unless the contrary intention appears, have the same respective meanings as in the Ordinance confer- ring the power.
3. (1.) Where an Ordinance passed after the com- mencement of this Ordinance confers a power or imposes duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.
а
(2.) Where an Ordinance passed after the commence- ment of this Ordinance confers a power or imposes a duty on the holder of an office, as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder for the time being of the office.
34 Where an Ordinance passed after the commence- ment of this Ordinance is not to come into operation im- mediately on the passing thereof, and coufers power to make any appointment, to make, grant. or issue any instrument, that is to say, any Order-in-Council, order, warrant, scheme, letters patent, rules, regulations, or by-laws, to give notice, to prescribe forms, or to do any other thing for the purposes. of the Ordinance, that power may, unless the contrary in- tention appears, be exercised at any time after the pass- ing of the Ordinance, so far as may be necessary or exped- ient for the purpose of bringing the Ordinance into opera- tion at the date of the commencement thereof, subject to this restriction, that any instrument made under the power shall not, unless the contrary intention appears in the Or- dinance, or the contrary is necessary for bringing the Ordi- nance into operation, come into operation until the Ordinance comes into operation.
35.-(1.) Where an Ordinance, whether passed before or after the commencement of this Ordinance, confers power on any authority to make rulos, the following provisions shall, unless the contrary intention appears, have effect with reference to the making and operation of such rules :—
(a.) Any rule may be at any time amended, varied, rescinded, or revoked by the same authority and in the same manner by and in which it was made ; (b. There may be annexed to the breach of any rule such penalty, not exceeding twenty-five dollars, as the rule-making authority may think fit, and any such penalty may be sued for and recovered under any Ordinance for the time being in force relating to the exercise of summary jurisdiction by Magis- trates;
(c.) No rule shall be inconsistent with the provisions
of any Ordinance;
́(d.) All rules shall be published in The Gazette and
shall have the force of law; and
(e.) The production of a copy of The Gazette contain- ing any rule, or of any copy of any rule purporting to be printed by the Government Printer, shall be primâ facie evidence, in all Courts and for all other purposes whatsoever, of the due making and tenor
of such rule.
(2.) In this section, the word "rules" includes rules and regulations, regulations, and by-laws.
36. Where this Ordinance, or any Ordinance passed after the commencement of this Ordinance, repeals and re-enacts, with or without modification, any provisions of a former Ordinance, references in any other Ordinance to the provisions so repealed, shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.
37. The rules of interpretation and construction herein contained with respect to Ordinances shall, unless the con- trary intention appears, apply, mutatis mutandis and so far as they are not inapplicable thereto, to other statutes, except Acts of Parliament, in the same manner and to the same extent as they apply to Ordinances.
Provisions as to Acts of Parliament,
38.—(1.) In auy Ordinance, instrument, or document, an elting Acts of Act of Parliament may be cited by reference to the short Parliament,
title, if any, of the Act, either with or without a reference to the chapter, or by reference to th; regnal year in which the