A92
Ord. No. 18/87
Amendment of section 37.
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— enacted in both official languages; or
(a)
(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—
5.
1987.
INTERPRETATION AND GENERAL CLAUSES (AMENDMENT)
Ord. No. 18/87
A93
"(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.
No comments yet.
Private notes are available after approval.