1950-HKRS28-8-17_Part01 — Page 11

Repealed enactment to be in Force until

aubstituted provisions

1TJ

operation

Tel. 62 & 33

Vict. c.63, 11(2).]

Enactments and in- utrumenta uader

repeated

enactment to be in force until replaced.

Effect of repeal generally. Tef. 62 & 53 Vict. c.69,

*.38(2).)

14

(2) Any enactment or instrument published in the Gazette shall come into operation on its publication in the Gasette.

PART III.

REPEAL, AMENDMENT AND DISALLOWANCE,

9. (1) Where any enactment repeals any former enactment and substitutes other provisions therefor, the repealed enactment shall remain in force until the substituted provisions come into operation.

(2) Where any enactment is declared to be made by way of replacement of or substitution for another or re-enacts another, with or without modification, the enactments and instru- ments made or prescribed by or under the earlier enactment shall remain in force so far as they are not inconsistent with such later enactment and be deemed for all purposes (including penalties) to have been made or prescribed thereby and to be liable to amendment thereby or thereunder.

10. The repeal of any enactment shall not-

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous, operation of any enactment so repealed, or anything duly done or suffered under any enactment so repealed; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment So repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, us if the repealing enactment had not been passed:

15

Provided that, where the penalty, forfeiture or punishment imposed by the repealing enactment is heavier than that imposed by the repealed enactment, the provisions by which the lighter penalty, forfeiture or punishment is imposed shall be applied.

11. When any enactment which repeals any earlier enactment Repeal of is itself repealed, such last repeal shall not be construed as reviving the enactment previously repealed.

Ordinances. [27. 52 & 59 ist. c.83, .11(1).]

12. Any enactment which amends another enactment shall Enactment be read and construed as one with the amended enactment, and and

Amending the amended enactment may in the amending enactment be enactment referred to as the principal enactment, that is to say, may be to be read

aa one, referred to as the principal Ordinance, regulations or as the and former case may be.

May be referred to as principal enactment.

13. Whenever any enactment is disallowed by His Majesty Disallow such disallowance shall be notified by the Governor in the Gazette; ATECA. from and after the date of such notification the enactment, and all instruments thereunder, shall cease to have effect:

Provided always that the provisions of section ro shall apply to such disallowance as if the words "disallowance" and "disallowed" were read therein in lieu of the words "repeal** and "repealed" respectively; with this exception only, that any enactment repealed, modified or amended by any enactment disallowed, together with all instruments made or issued under such previous enactment, shall revive and continue in force in their original form as from the date of the said notification.

PART IV.

REGULATIONS AND INSTRUMENTS.

tions,

Authority included

14. The following provisions shall apply to regulations- Regula

(a) authority to make regulations shall include-

(authority to provide that a contravention thereof in power shall be punishable on summary conviction by such fine not

to take exceeding one thousand dollars and with imprisonment for such

regulations. term not exceeding six months as may be specified in the regulations;