346
General
provisions with respect to power given to any authority to make rules.
See Ordinance
No. 9 of 1890.
References to repealed enactments.
Application
of rules of interpretation etc statutes generally
No. 8.] THE ORDINANCES OF HONGKONG
[AD. 18.“
may be necessary or expedient for the purpose of bringing the Ordinance into operation at the date of the commencement thereof, subject to restriction, that any instrument made under the power shall not, unless a contrary intention appears in the Ordinance or the contrary is necessary for bringing the Ordinance into operation, come into operation until the Ordinance comes into operation.
36. (1.) Where an Ordinance, whether passed before or after commencement of this Ordinance, confers power upon any authority to make rules, 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(a.) any rule may be at any time amended, varied, rescinded or revoked by the same authority and in the same manner in which it was made;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 Magistrates;
(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 containing any rule, or of any copy of any rule purporting to be printed by the Government Printer, shall be prima 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, and by-laws.
37. 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or without modification, any provisions of a former Ordinance, references in any other Ordinance to the provisions so repealed shall, unless the contrary intention appears, be construed as references to the provisions so enacted.
38. The rules of interpretation and construction herein contained with respect to Ordinances shall, unless the contrary 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.
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