British Military Administration, Hong Kong

Proclamation No

of 194.

3

A Proclamation to provide for the interpretation of terms used in Proclamations and the construction of provisions and other matters therein.

It is hereby proclaimed as follows:-

Short Title

1.

1945

This Proclamation may be cited as the Interpretation Proclamation,

Application of

Proclamation

Coming into operation of Proclamations

etc.

Interpretation of amended

Ordinances etc.

Sections to be

substantive

enactments.

Schedules to be part of Proclama- tions etc.

Construction of

provisions

giving powers etc. to the

holder of an office.

Construction of reference to officers.

2.

PART I

The provisions of this Proclamation shall, unless the contrary intention appears or unless otherwise expressly provided, apply to this Proclamation and to all future Proclamations and to all Proclamations now in force and to all enactments made by or under the authority of the British Military Administration of the Colony.

3.

Every Proclamation or other enactment shall, unless otherwise provided therein, come into operation on the day of its publication in the Gazette or on the day on which it is published by posting it in a public place or places, whichever shall be the earlier.

40

In every Proclamation or other enactment a reference to any Ordinance, Proclamation or other enactment shall, unless the context otherwise requires, be construed to refer to such Ordinance, Proclamation or other enactment as amended or extended by an subsequent Ordinance, Proclamation or other enactment.

5. Every section of a Proclamation shall have effect as a substantive enactment without introductory words.

6.

Every Schedule b or Table in any Proclamation or other enactment shall be construed and have effect as part of the Proclamation or other enactment.

7 (1)Where any Act of the Imperial Parliament, or any Order of His Majesty in Council, or any ordinance, Proclamation, or other enactment authorises or requires the doing of any act, or the performance of any duty, or the exercise of any authority, descretion, privilege or right by any person by the term designating his office, or by any public body, then, unless the contrary intention appears, such act may be done or duty performed and such authority, discretion, privilege or right may be exercised by the person or persons for the time being executing in or under the military administration those duties most nearly approxi- mating the duties of such office or public body, or by such person or persons as may be appointed to perform the same or any portion thereof: And in particular, but without prejudice to the generality of the foregoing, any act, duty, authority, discretion, privilege or right which is authorised or required to be done, performed or exercised by the holders of the offices or the public bodies named in the first column of the Schedule of this Proclamation shall or may be done, performed or exercised by the persons whose offices are named in Juxtaposition in the second column of the said schedule or by such person or persons as may be appointed to perform the duties of such offices or any portion thereof.

(2)Where reference is made to any person by the term designating his office, such term shall include the person for the time being executing the duties of such office, as well as such other person as may be appointed to perform any portion of such duties.

Share This Page