1966-HKRS29-8-33_Part03 — Page 5

Acts done under sub. sidiary

deemed

done under Ordinamer.

Placing of rules, regu Istions and by-laws before Legislative Council

Approval of Legislative Council to subsidiary legislation.

Effect at repeal Do subsidiary legislation.

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Provided that any appointment, subsidiary legislation, instrument, notice, form or thing made, granted, issued, prescribed, given or done under such power shall not, unless the appointment, subsidiary legisla- tion, instrument, notice, form or thing is necessary for bringing the Ordinance into operation, come into operation or have any effect until the Ordinance comes into operation.

33. An act shall be deemed to be done under an Ordinance or by virtue of the powers conferred by an Ordinance or in pursuance or execution of the provisions of or under the authority of an Ordinance, if it is done under or by virtue of or in pursuance or execution of or under the authority of subsidiary legislation made under any power contained in that Ordinance.

34. (1) All rules, regulations and by-laws shall be laid on the table of the Legislative Council at the next meeting thereof after the publication in the Gazerte of such rules, regulations or by-laws.

(2) Where rules, regulations or by-laws have been laid on the table of the Legislative Council, in accordance with the provisions of subsection (1), the Legistative Council may, by resolution passed at the next meeting of the Legislative Council held after the meeting at which they were so laid, provide that any such rules, regulations or by-laws shall be amended in any manner whatsoever, and if any such resolution is so passed, the said rules, regulations or by-laws shall, without prejudice to anything done thereunder, be deemed to be amended as from the date of publication in the Gazette of such resolution.

(3) Any resolution passed by the Legislative Council in accord- ance with subsection (2) shall be published in the Gazette not later than fourteen days after the passing thereof or within such further period as the Governor may allow in any particular case.

35. Where any Ordinance provides that subsidiary legislation shall be subject to the approval of the Legislative Council or of any other authority, or contains words to the like effect, then-

(a) the subsidiary legislation shall be submitted for the approval

of the Legislative Council or other authority; and

(b) the Legislative Council may by resolution or the other authority may by order amend the whole or any part of the subsidiary legislation.

36. (1) Where any Ordinance-

(a) repeals any former Ordinance and substitutes other provisions

therefor; or

(b) repeals any former Ordinance and re-enacts such former

Ordinance with or without modification,

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any subsidiary legislation made under the former Ordinance and io force at the commencement of the repealing Ordinance shall, so far as it is not inconsistent with the repealing Ordinance, continue in force and have the like effect for all purposes as if made under the repealing Ordinance.

(2) Where any subsidiary legislation is continued in force by virtue of subsection (1), such subsidiary legislation may be from time to time amended as if it had been made under the repealing Ordinance.

37. Where any form is prescribed by or under any Ordinance, Forms, deviations therefrom, not affecting the substance of such form, shall not invalidate it.

PART VI

POWERS.

38. Where any Ordinance confers power upon any person to-- (a) make any subsidiary legislation; (b) make any instrument; or (c) exercise any power.

and the Ordinance conferring the power prescribes conditions, subject to the observance, performance or existence of which any such power may be exercised, such conditions shall be presumed to have been duly fulfilled if in the subsidiary legislation or instrument cxcrcising the power there is a statement that the subsidiary legislation or instrument is made, or the power exercised, in exercise of, or in pursuance of, the power conferred by such Ordinance, or a statement to the like effect.

Presumption of lawful exercle of power.

39. (1) Where any Ordinance confers any power or imposes any Exercise of duty, then the power may be exercised and the duty shall be performed powers. from time to time as occasion requires.

(2) Where any Ordinance confers any power or imposes any duty on the holder of any public office as such, then the power may be exer- cised and the duty shall be performed by the holder for the time being of that public office.

words.

40. (1) Where any Ordinance confers upon any person power to Construction do or enforce the doing of any act or thing, all such powers shall be of enabling deemed to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.

(2) Without prejudice to the generality of subsection (1), where any Ordinance confers power-

(a) to provide for, prohibit, control or regulate any matter, such power shall include power to provide for the same by the