WENDESDAY, JUNE 29, 1983
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VARIOUS ORDINANCES REQUIRE CERTAIN STEPS TO BE TAKEN WITHIN A GIVEN PERIOD OF TIME.
THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE PROVIDES THAT PUBLIC HOLIDAYS ON WHICH SUCH PERIODS END OR WHICH OCCUR DURING WHICH SUCH PERIODS NOT EXCEEDING SIX DAYS, SHOULD NOT BE TAKEN INTO ACCOUNT IN MAKING THE COMPUTATION OF TIME.
THE ORDINANCE LEFT OUT GALE WARNING OR TYPHOON DAYS DAYS WHEN A NUMBER 8 (OR HIGHER) TYPHOON WARNING IS GIVEN BY THE ROYAL OBSERVATORY AND WHEN THE COURTS AND OFFICES ARE FORCED TO CLOSE.
+CONSEQUENTLY IT HAS BEEN ACCEPTED THAT THE ORDINANCE IS UNHAPPILY EXPRESSED, THAT IT ALLOWS TYPHOON DAYS TO BE EXCLUDED IN THE COMPUTATION OF TIME IN SITUATIONS THAT WERE NEVER INTENDED TO BE AFFECTED, AND THAT A REFORM IS NECESSARY, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, SAID.
THE INTERPRETATION AND GENERAL CLAUSES (AMENDMENT) (NO. 2) BILL 1983 INTRODUCED INTO THE COUNCIL TODAY PROPOSES THAT TYPHOON DAYS SHOULD BE DEALT WITH IN EXACTLY THE SAME WAY AS PUBLIC HOLIDAY, MR THOMAS SAID.
+THE INTENTION UNDERLYING THE PRESENT PROVISIONS IS TO AVOID A SITUATION WHERE SOMETHING WHICH MUST OR SHOULD BE DONE WITHIN A RELATIVELY SHORT PERIOD OF TIME OR ON A PARTICULAR DAY CANNOT BE DONE BECAUSE PUBLIC AND PRIVATE OFFICES AND THE COURTS THEMSELVES ARE NOT FUNCTIONING AT THAT TIME OR ON THAT DAY BECAUSE OF TYPHOON CONDITIONS,+ MR THOMAS EXPLAINED.
HE POINTED OUT THAT ALTHOUGH DAYS ON WHICH THE CHIEF JUSTICE HAS BY ORDER, ADJOURNED JUDICIAL PROCEEDINGS BECAUSE OF A TROPICAL CYCLONE OR ITS EFFECTS ARE WITHIN THE PRESENT LEGISLATION, THE BILL DOES NOT MAKE PROVISION SPECIFICALLY TO ALLOW SUCH A DAY TO BE EXCLUDED FROM COMPUTATION OF TIME.
BUT HE ADDED THAT THERE HAD BEEN ONLY ONE SUCH ORDER SINCE 1969.
THE PRESENT BILL, IF PASSED, WILL COME INTO OPERATION 60 DAYS AFTER GAZETTING.
+THUS ANYBODY WHO HAS BEEN RELYING UPON THE EXISTING STATE OF THE LAW IN COUNTING TIME WILL BE ABLE TO DERIVE THAT BENEFIT NOTWITHSTANDING THIS PROPOSAL FOR CHANGE, MR THOMAS SAID.
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