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Ord. No. 18/87
Application of Part IIA.
(Cap. 5.)
Construction of
Ordinances in both official languages.
Expressions of English law.
Name of statutory body corporate.
Words etc. in the official languages may be declared as equivalents.
INTERPRETATION AND GENERAL
CLAUSES (AMENDMENT)
"PART IIA
GENERAL PROVISIONS AS TO LAWS
IN BOTH OFFICIAL LANGUAGES
10A. This Part shall apply to an Ordinance- (a) enacted in both official languages; or
(b) in respect of which an authentic text is published under section 4B of the Official Languages Ordin-
ance.
10B. (1) The English language text and the Chinese language text of an Ordinance shall be equally authentic, and the Ordinance shall be construed accordingly.
(2) The provisions of an Ordinance are presumed to have the same meaning in each authentic text.
(3) Where a comparison of the authentic texts of an Ordinance discloses a difference of meaning which the rules of statutory interpretation ordinarily applicable do not resolve, the meaning which best reconciles the texts, having regard to the object and purposes of the Ordinance, shall be adopted.
10C. (1) Where an expression of the common law is used in the English language text of an Ordinance and an analogous expression is used in the Chinese language text thereof, the Ordinance shall be construed in accordance with the common law meaning of that expression.
(2) In this section "common law" means the common law and rules of equity in force in Hong Kong.
10D. Where an Ordinance establishes a body corporate and in the English language text and Chinese language text of that Ordinance the name of the body corporate is in the form only of the language of that text, the name of the body corporate shall consist of the form of its name in each of the texts of the Ordinance.
10E. (1) The Governor in Council may, by notice in the Gazette, declare that any word, expression, office, title (including the short title of any Ordinance), citation or thing therein specified in one official language shall, in relation to the interpretation of an Ordinance, be the equivalent of any word, expression, office, title, citation or thing therein specified in the other official language.
(2) No declaration shall be made under this section unless a draft of the notice has been laid before and approved by resolution of the Legislative Council, and section 34 of this Ordinance shall not apply in relation to any such declaration.”. Section 37 of the principal Ordinance is amended— (a) by renumbering the existing section as subsection (1); (b) by inserting after subsection (1) the following—
Amendment of
section 37.
5.
1987.
INTERPRETATION AND GENERAL CLAUSES (AMENDMENT)
Ord. No. 18/87
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"(2) Where a form is prescribed in any Ordinance in both official languages and the text in one official language is combined in a particular manner with, or is set out separately from, the text in the other official language, the form may be printed and used—
(a) with the texts combined in any manner; or
(b) in either official language.”.
Passed by the Hong Kong Legislative Council this 25th day of March
LAW Kam-sang,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang,
Clerk to the Legislative Council.
Page
م
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Ord. No. 19/87
PARTITION (AMENDMENT)
HONG KONG
No. 19 of 1987
Short title.
Addition of
new section 1A. (Cap. 352.)
L.S.
I assent.
David AKERS-JONES,
Acting Governor.
An Ordinance to amend the Partition Ordinance.
26 March 1987
[27 March 1987]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Partition (Amendment) Ordinance 1987.
2. following
The principal Ordinance is amended by adding after section 1 the
"Interpretation.
Amendment of
3.
section 3.
1A. In this Ordinance, unless the context otherwise requires-
"Court" means the High Court or the District Court;
"Director" means the Director of Buildings and Lands;
"Partition Rules" means rules made under section 10.".
Section 3 of the principal Ordinance is amended-
(a) by inserting after subsection (1) the following-
"(2) In any proceedings under this Ordinance the Direc- tor shall be served with such documents relating to the proceedings as may be prescribed by the Partition Rules.";
(b) in subsection (3)——
(i) by deleting "Proceedings under subsection (1)" and sub- stituting the following-
PARTITION (AMENDMENT)
Ord. No. 19/87
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"Subject to subsection (2), proceedings under this Ordin- ance"; and
(ii) by deleting ", but the Crown shall be a necessary party to the proceedings";
(c) in subsection (4) by inserting after "desirable" the following-
"; and where a person is added as a party by the Court under this subsection, the person having the conduct of the proceed- ings shall serve notice of the addition on the Director"; (d) in subsection (5) by deleting "subsection (6), every person” and
substituting the following-
"subsections (6) and (7), the Director and every other per- son"; and
(e) by inserting after subsection (6) the following
"(7) Subsection (6) shall not apply to service on the Director.".
4. The principal Ordinance is amended by adding after section 3 the Addition of following-
"Addition of Attorney General as defendant.
Memorandum for stay of proceedings.
3A. (1) In any proceedings under this Ordinance the Attorney General may at any stage of the proceedings apply to the Court to be joined as a party, and on such application the Court shall add him as a defendant.
(2) The Attorney General shall serve notice of his addition as a party, on every other party to this proceedings.
(3) Any provision in this Ordinance or the Partition Rules by which any document is required to be served on the Director shall, where the Attorney General is added as a defendant under subsection (1), have effect thereafter as if it required the Attorney General to be served as a party and not the Director.
3B. (1) In any proceedings under this Ordinance, at any stage except after the addition of the Attorney General if such be the case, the Director may notify in writing the parties of his intention to seek advice on any matter arising out of the proceedings and shall file in Court a memorandum of such notification and no fee shall be charged in respect of the memorandum.
(2) Where any memorandum is so filed in respect of proceedings, then, unless otherwise ordered by a judge, the proceedings shall, by virtue of this section, be stayed for such period, being not less than 14 days, as may be prescribed, and during such period (unless otherwise ordered by a judge) time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run.
(3) The filing of a memorandum under this section— (a) shall not operate to prevent the making of—
(i) an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and manager; or
new sections 3A and 3B.
Daco O
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Amendment of section 5.
Addition of
Ord. No. 19/87
(Cap. 4.)
PARTITION (AMENDMENT)
(ii) any other order which, in the opinion of judge, is necessary to prevent an irremediable[ justice;
(b) unless otherwise ordered by a judge, shall not oper-
ate to prevent the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect any order mentioned in paragraph (a) or a decree to the like effect.
(4) The period for which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge.
(5) The powers of a judge under this section in relation to a memorandum may be exercised by the Registrar, subject to any provisions in the Supreme Court Ordinance or rules made thereunder in respect of the jurisdiction of the Registrar in proceedings for the grant of an injunction.
(6) In this section-
"judge”, in relation to proceedings, means a judge of the court
in which the proceeding are pending; and
"Registrar" means the Registrar of the Supreme Court and
includes a deputy or assistant registrar.".
5. Section 5 of the principal Ordinance is amended—
(a) by renumbering the existing section as subsection (1) thereof; and
(b) by inserting after subsection (1) the following-
"(2) In any proceedings under this Ordinance any order made under subsection (1) shall be served on the Director by the person having the conduct of the proceedings.".
6. The principal Ordinance is amended by adding after section 9 the new section 10. following—
Transitional.
"Power to make rules.
7.
10. The Chief Justice may make rules in regard to any matter to be prescribed under this Ordinance and dealing generally with all matters of practice and procedure and incidental matters arising out of this Ordinance, and for carrying this Ordinance into effect.”.
Nothing in this Ordinance shall affect any proceedings com- menced under the principal Ordinance before the commencement of this Ordinance and any such proceedings may be continued under the principal Ordinance as if this Ordinance had not been enacted.
1987.
Passed by the Hong Kong Legislative Council this 25th day of March
PARTITION (AMENDMENT)
Ord. No. 19/87
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This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang, Clerk to the Legislative Council.
Dooo 10
LAW Kam-sang, Clerk to the Legislative Council.
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10
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