CO129-592-16 Future policy- interpretation proclamation 1-8-1945 - 31-8-1945 — Page 4

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Appointments by name of office

Meaning of

service by post.

Meaning of "oath"

"Affidavit" and "swear"

Meaning of "or" "other" "otherwise ".

Burden of proof where acts done without lawful excuse etc.

Colonial Definitions

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8. Where any Proclamation or other enactment gives power to make an appointment to any office, it shall not be necessary in such appointment to name any particular individual and the appointment may be of the holder of any other office in the name of that office, in which case the person who is for the time being performing the duties of the office last above referred to shall be deemed to have been appointed to the office first above referred to.

9.

Where any enactment authorises or requires any document to be served by post, whether the expression "serve" or "give" or "send" or any other expression is used, then, unless the contrary intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

10. In all enactments, unless the contrary intention appears, the words "oath" and affidavit" include, in the case of persons allowed or required to affirm instead of swearing "affirmation"; and "swear", in the like cases, includes "affirm".

11. Where the words "or", "other" and "otherwise " are used, they shall, unless the contrary intention appears, be construed disjunctively and not as implying similarity, unless the word "similar" or some other word of like meaning is added: Provided that whenever in any enactment several penalties are provided for one offence the use of the word "or" in relation to such penalties shall signify that they are to be inflicted alternatively.

12. Where the offence with which any person is charged is:-

(1) the doing of any act; or

2) the omission to do any act;

or

the possession or custody of any matter or thing,

without due or lawful or reasonable authority or purposes or excuse,

or without permit, licence or authority issued by any officer the burden of proof of such authority or purpose or excuse or the issue of such permit| licence or authority shall be on the person charged with the offence.

PART II

13.(1)The definitions contained in sub-sections (1), (2), (3), (4), (5), (6), (7) and (11) of section 39 of the Interpretation Ordinance, 1911, under the heading "B - Colonial Definitions" and the definitions contained in the said section under the heading "C Geographical Definitions" shall apply to all Froclamations or other enactments made by or under the authority of the British Military Administration of the Colony, but subsection (11) aforesaid shall be read and construed as if the words "Proclamation or other enactment" has been inserted in the third line thereof after the word "Ordinance".

(2)(a) "Northern District", in relation to the New Territories, means that part of the New Territories described in paragraph (1) of an Order by Governor in Council made under the New Territories Regulation Ordinance, 1910, on the 27th September, 1912, and therein called the Northern District.

(b) "Southern District", in relation to the New Territories, means that part of the New Territories described in paragraph (b) of the aforesaid Order and therein called the Southern District.