CO129-602-5 Limits of territorial waters 27-10-1949 - 9-12-1949 — Page 41

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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No. 31 of 1911.

İNTERPRETATION,

INTERPRETATION.

No. 31 of 1911.

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Sectious

to be

substantive

enactments. 52 & 53 Vict.

c. 63, s. 8.

Schedules, etc., to

be part of Ordinances.

Sub-divi- sions of Ordinances to he

recognized,

References

to the Sovereign.

52 & 53 Vict,

c. 63, s. 30.

Ordinances not bindng on Crown

unless

expressed.

Construction

as to exercise

19. Every section of an Ordinance shall have effect as a substantive enactment without introductory words.

20. Every Schedule to or Table in any Ordinance shall, together with any notes thereto, be construed and have effect as part of the Ordinance.

21. Where an Ordinance is divided into Parts, Chapters, titles or other sub-divisions, the fact and particulars of such division shall, with or without express mention thereof in such Ordinance, be taken notice of in all courts and for all other purposes whatsoever.

22. References to the Sovereign in any Ordinance, or to the Crown, shall, unless the contrary intention appears or the context otherwise requires, be construed as references to the Sovereign for the time being, and it shall not be necessary to refer to or include the Sovereign's Heirs and Successors.

in

23. No Ordinance shall be binding on the Crown, or shail any manner affect the rights of the Crown, unless it is so provided in express terms.

This Ordinance shall be binding on the Crown.

24. Where any Ordinance confers a power or imposes a

of provisions duty, then unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.

of

powers

and duties.

52 & 53 Vict.

c. 63,

s. 32 (1).

Construction

officers.

25. (1) Where reference is made to any person by the term

of references designating his office, such term shall include the person for the. to public

time being executing the duties of such office, as well as such other person as may be appointed to perform any portion of such duties.

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Construction

of provisions granting

powers to the holder

of an office.

52 & 53 Vict.

c. 63,

5. 32 (2).

(2) Where any Ordinance confers a power or privilege or imposes a duty on the holder of any office as such, then unless the contrary intention appears, the power or privilege may be exercised and the duty shall or may be performed, as the case

As amended by No. 1 of 1927 [1.4.27].

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may be, by the holder of the office for the time being, or by any person appointed to act in, or perform the duties of, the said office for the time being.

(3) Any civil or criminal proceedings taken by or against Proceedings

not abated any person in virtue of his office shall not be discontinued or

by change abated by his death, resignation or absence or removal from in office. office, but may be carried on by or against, as the case may be, the person appointed to perform the duties of the office.

(4) Where any Ordinance gives power to make an appoint- ment to any office, it shall not be necessary in any such appoint- ment 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.

to other

26. (1) Where reference is made in any enactment to any Construction series of sections of, or other divisions of, any enactment, or to of references any part of any enactment, the reference shall be held to be enactments; inclusive of the sections or divisions or words mentioned in the reference.

(2) When any particular number of days is prescribed for and to a the doing of any act or for any other purpose, the same shall, series of

days. unless the contrary intention appears, be reckoned exclusive of the first and inclusive of the last day.

26A. (1) Where in any Ordinance there is a reference to Construction a section, Part, Chapter or Schedule by number or letter only of references

to sections, and not in conjunction with the title or serial number of an etc. Ordinance, such reference shall be construed as a reference to the section, Part, Chapter or Schedule of that number or letter contained in the Ordinance in which such reference occurs.

(2) Where in any section of any Ordinance there is a reference to a sub-section or paragraph by number or letter only and not in conjunction with the number of any section of that or of any other Ordinance, such reference shall be construed as a reference to the sub-section or paragraph of that number or letter contained in the section in which such reference occurs.

(3) The provisions of sub-sections (1) and (2) shall apply

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