1967-HKRS30-8-58_Part02 — Page 52

A. HUGGINS,

Puisne Judge.

OSWALD CHEUNG, Member.

R. F. G. DENNIS, Member.

Pursuant to section 38(6)(d) of the Supreme Court Ordinance I hereby certify that the foregoing rules have been made by the requisite quorum of the Rules Committee under and by virtue of section 38(6) of that Ordinance.

Dated this 1st day of May 1968.

Ivo Rigby

Acting Chief Justice.

Explanatory Note.

(This Note is not part of the ruler, bur & intended

to indicate their general purport).

Rule 2 inserts a new rule ZA in Order 6 of the principal rules. This new rule makes provision for intereal to be awarded by the court. At the moment except as provided by Order 13 of the principal rules, interest is not recoverable on ordinary debts in the absence of some contract, express or implied or in the case of mercantile usage.

(Secretariat GR 39/2961/461)

EMERGENCY REGULATIONS ORDINANCE.

(Chapter 241).

EMERGENCY (PRINCIPAL) (AMENDMENT) REGULATIONS 1968.

In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, the Governor in Council has made the following regulations--

1. These regulations may be cited as the Emergency (Principal) (Amendment) Regulations 1968.

2. Regulation 137 of the principal regulations is amended by inserting the following paragraphs after paragraph (4)—

"(5) The Governor may by order, notification of which shall be given in the Gazette, discontinue the operation of any regulation which is in operation. An order under this paragraph shall not prejudice the power of the Governor to make a further order under paragraph (2) in relation to any such regulation.

(6) Section 23 of the Interpretation and General Clauses Ordinance shall have the same effect in rela- tion to any regulation the operation of which is discontinued by virtue of an order made under, para- graph (5) as if that regulation had been repealed.

COUNCIL CHAMBER,

14th May 1968.

#

Clerk of Councils.

Explanatory Note.

(This Note is not part of the regulations, but is intended to indicate their general purport).

The purpose of these regulations is to confer power on the Governor to discontinue the operation of any of the Emergency (Principal) Regula- tions. Provision is also included which applies the provisions of section 23 of the Interpretation and General Clauses Ordinance to any regulation the Operation of which has been discontinued as if that regulation had been repealed. The principal effect of this is that an offence committed under any regulation before its operation was discontinued may be prosecuted notwithstanding the discontinuance of the operation of such regulation.

(Secretariat CR 5/6/3231/59)

Citation.

Amendment of regulation 137.