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THE HONG KONG GOVERNMENT GAZETTE.
Construc- tion of provisions as to
exercise of powers, etc. (cf. 52 & 53 Vict. c.63, s.32(1).]
[cf. 52 & 53 Vict. c.63, s.32(2).]
Power to appoint includes power to suspend or
remove.
Power to
tem-
fill vacancy porarily.
Power to appoint chairman.
Power to
appoint by
name or by official
18. (1) Where any enactment confers a power or imposes a duty, the power may be exercised and the duty shall be performed. from time to time as occasion requires.
(2) Where any enactment confers a power or imposes a duty on the holder of an office, as such, the power may be exercised and the duty shall be performed by the holder for the time being of the office or by a person appointed to act for him.
19. Where by or under any enactment a power to make any appointment is conferred, the authority having power to make the appointment shall also have power to remove, suspend, re-appoint or re-instate any person appointed in exercise of the power.
20. Where by or under any enactment, any powers are conferred or any duties are imposed upon a public officer, the Governor may direct, if from any cause the office of such public officer is vacant or if during any period, owing to absence or inability to act from illness or any other cause, such public officer is unable to exercise the powers or perform the duties of his office, that such powers shall be had and may be exercised and such duties shall be performed by the person named by, or by the public officer holding the office designated by, the Governor; and thereupon such person or public officer, during any such period, shall have and may exercise such powers and shall perform such duties, subject to such conditions, exceptions and qualifica- tions as the Governor may direct.
21. Where by or under any enactment, power is given to the Governor, or to the Governor in Council, or to any public officer or body, to appoint any board, tribunal, commission, committee, or similar body, then, in the absence of any provision to the contrary, it shall be lawful for the Governor, or the Governor in Council, or such public officer or body, as the case may be, to appoint a chairman of such board, tribunal, commis- sion, committee, or similar body.
22. Where by or under any enactment, the Governor, or the Governor in Council, or any public officer or body, is empowered to appoint or name a person to be a member of any board, tribunal, designation. commission, committee, or similar body, or to have and exercise any powers or perform any duties, the Governor, or the Governor in Council, or such public officer or body, as the case may be,
:
SUPPLEMENT No. 3, JANUARY 27, 1950.
may either appoint a person by name or direct the person for the time being holding the office designated by the Governor, or by the Governor in Council, or by such public officer or body, as the case may be, to be a member of such board, tribunal, com- mission, committee, or similar body, or to have and exercise such powers and perform such duties; and thereupon, or from the date specified by the Governor, or by the Governor in Council, or by such public officer or body, as the case may be, the person appointed by name or the person for the time being holding such office shall be a member of such board, tribunal, commission, committee, or similar body, or shall have and may exercise such powers and perform such duties accordingly.
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23. Whenever an office is defined as including a deputy or Effect of assistant then subject to any instructions of the Governor such defining deputy or assistant shall-
office to include deputy or
(a) during the absence or inability to act of such officer assistant. unless and until the vacancy is filled whether temporarily or otherwise exercise. the powers and discretions vested in such officer and discharge the duties required to be discharged by him; and
(b) notwithstanding that such officer is present and able to act, exercise such powers and discretions and discharge such duties as such officer may delegate.
24. Where in any enactment power is given to any person Construc- to do or enforce the doing of any act or thing, all such powers tion of shall be understood to be also given as are reasonably necessary words.
enabling
to enable the person to do or enforce the doing of the act or thing.
25. When by any enactment the Governor is empowered to Power of exercise any powers or perform any duties, he may depute any Governor
to delegate person by name or the person for the time being holding the authority. office designated by him to exercise such powers or perform such duties on his behalf, subject to such conditions, exceptions and qualifications as the Governor may prescribe, and thereupon or from the date specified by the Governor the person so deputed shall have and exercise such powers and perform such duties subject as aforesaid: Provided that, without prejudice to the provisions of any Royal Letters Patent or Royal Instructions relating to the appointment of a Deputy to the Governor, nothing herein contained shall authorize the Governor to depute any person to make regulations, issue warrants or proclamations or to hear any appeal.