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Extrinsic Materials as an Aid to Statutory Interpretation
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The following press release supersedes the one GIS970411023 issued at 3 Please note that anyone who wishes to obtain a copy of the report should contact the Secretary to the Commission, 20/F, Harcourt House, 39 Gloucester Road, Wan Chai, Hong Kong.
The revised press release should read:
The Law Reform Commission today (Friday) published a Report on Extrinsic Materials as an Aid to Statutory Interpretation. The report makes recommendations on the way in which disputes as to the meaning of ambiguous legislative provisions can be resolved by the use of material outside the statute itself, such as reports of the proceedings in the Legislative Council at the time of the legislation's enactment, or the contents of specialist reports which prompted the legislation. The Commission report recommends that the criteria for the use of these "extrinsic aids" should be incorporated in legislation by amendment to the Interpretation and General Clauses Ordinance (Cap 1).
The Secretary to the Commission, Mr Stuart Stoker, said: "Legislation is interpreted every day by officials, professional advisors, (in particular, lawyers) and the general public. Disputes can arise over the meaning of a statutory provision which have to be resolved by the courts. In reaching its decision, it may be helpful for the court to have recourse to extrinsic aids, such as the official record of the debates in the Legislative Council."
Mr Stoker said that the trend in other common law countries has been to relax the rules governing the exclusion or limitation on the use of such aids.
In line with that approach, the report recommends that a list of available extrinsic aids, and the criteria for their use, should be laid down in statute. The criteria that will govern the use of such aids will be that the provision is ambiguous or obscure, or the ordinary meaning, taking account of its context and purpose, would lead to a result that is absurd or unreasonable.
The Commission recommends that the list of extrinsic aids should include the explanatory memoranda of a Bill, the second reading speech of the policy Secretary, any relevant material in the official record of debates in the Legislative Council, relevant international treaties, and relevant official reports, such as Law Reform Commission reports.