1950-HKRS28-8-17_Part01 — Page 12

[g). 52 & 53 ict. 0.63, E.33(3).]

Regula- tions to be consistent with em- pawering enactment.

Regula. tions to

bare forcs and effect

of ex-

powering enactment.

Regula-

tions may

by Legia Tative Council.

16.

(ii) authority to amend or suspend the regulations in the same manner as they were made;

(iii) authority to amend any forms prescribed by the enactment under which the regulations are made and to prescribe new form for the purpose thereof and for the purposes of the regulations;

(b) no regulations shall be inconsistent with the enact- ment under which they were made;

(c) regulations shall have the same force and effect and be as binding and shall be construed for all purposes as if they had been contained in the enactment under which they were made;

(d) all regulations shall be laid on the table of the be amended Legislative Council at the first meeting thereof after the publication in the Gasette of the making of such regulations, and if a resolution be passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulations shall be amended in any manner whatsoever, the said regulations shall, without prejudice to anything done thereunder, be deemed to be amended as from the date of publication in the Gazette of the passing of such resolution;

Procedore whore

regulations require approval

of another

authority.

Constrac- tion of power to make

regulationa for special

as well no

general purposes.

(e) if an enactment provides that the regulations shall be subject to the approval of Legislative Council or any other authority or contains words to the like effect then-

(i) the regulations shall be submitted for the approval of such authority; and

(i) such authority shall have power to amend or disapprove the whole or any part of the regulations and may if it disapproves of them either in whole or in part require further regulations to be submitted for approval;

() where the authority to make regulations is authority to make regulations for any general purpose and also for any special purposes incidental thereto, the enumeration of the special purposes shall not be deemed to derogate from the generality of the powers conferred with reference to the general purpose;

(g) a reference in the regulations to "the Ordinance" Reference shall be read as meaning the Ordinance conferring the power to tions to make such regulations;

in regula-

"the Or- dinance11.

to enact-

(h) a reference in another enactment to the enactment, Reference including any imperial enactment, under which the regulations ment to were made shall be deemed to include reference to the regulations. include re-

gulations therunder.

15. Where power is given to the Governor or to the Governor Extent in Council to make, issue or approve any instrument, it shall

of power to make include the power of amending or suspending such instrument public in

struments. or withdrawing approval thereof and of declaring the date of its coming into force and the period of its operation and also of substituting another therefor; Provided that where any Ordin- ance is to come into operation on a day to be fixed by proclamation, the power to issue such proclamation shall not in the absence of express provision include (except in the case of and for the purpose of correcting any mistake therein) the power of amending or suspending the same.

16. Whenever forms are prescribed in any enactment, slight Deviation deviations therefrom, not affecting the substance or calculated in forme. to mislead, shall not invalidate them.

PART V.

PROVISION AS TO POWERS.

of powers between

passing and

ent of

CONFIDENCE-

17. Where any enactment is not to come into operation Exercise immediately on the passing, making or issue thereof, and confers power to make any appointment, or to make or issue any regula tions, or to do any other thing for the purposes of the enactment, such power may be exercised at any time after the enactment is enactment. passed, made or issued, so far as may be necessary or expedient for the purpose of bringing the enactment into operation at the date of the commencement thereof; Provided that the power conferred by this section shall be subject to the restriction that any appointment, regulation, or thing, made, issued, or done, under such power shall not, unless the appointment, regulation, or thing, is necessary for bringing the enactment into operation, have any effect until the enactment comes into operation.