637333-1897-Bills-read-Appropriation-1898-Chinese-Extradition-Amendment--Interpretation-Waterworks-Amendment--Naturalization-of-U-HOI-CHAU-alias-U-CHIU-TSUN-Closed-houses-and-insanitary-dwellings-Amendment--Vagrancy — Page 11

Government Gazette 政府憲報 轅門報 All

906

THE HONGKONG GOVERNMENT GAZETTE, 30тH OCTOBER, 1897.

Construction of Act of Parliament when extended to the Colony,

B. G. Ordi- ince, s. 30,

Definition of

39.-(1.) Where by any Ordinance, whether passed be- fore or after the commencement of this Ordinance, an Act of Parliament, or any portion of an Act, is declared to extend to this Colony, such Act or portion of an Act shall, unless the contrary intention appcars, be deemed to extend to the Colony so far only as local laws and circumstances permit; and in applying such Act or portion of an Act it shall be construed with such verbal alteration, not affecting the sub- stance, as may be necessary to render the same applicable to the particular matter in question.

(2.) A Judge of the Supreme Court, or any officer or functionary exercising functions analogous to the functions of any Judge, officer, or functionary referred to in such Act or portion of an Act, shall be deemed to be within the meaning of the enactment thereof relating to such last mentioned Judge, officer, or functionary.

Supplemental Provisions.

40. In this Ordinance, unless the context otherwise re- "Ordinance." quires, the word "Ordinance" includes a local and personal

52 & 53 Vict,

o. 63, s. 39.

Saving for past Ordi- nances.

52 & 53 Vict. c. 63, a. 40.

Repeal of

enactments. Schedule.

Commence- ment of the Ordinance.

52 & 53 Vict.

6. 13, a. 42.

Ordinance and a private Ordinance.

41. The provisions of this Ordinauec respecting the con- struction of Ordinances passed after the commencement of this Ordinance shall not affect the construction of any Or- dinance passed before the commencement of this Ordinance, although is continued or amended by an Ordinance passed after such commencement.

42. The Ordinances mentioned in the Schedule to this Ordinance are hereby repealed,

43. This Ordinance shall come into operation on the 1st day of January, 1898.

Section 49.

SCHEDULE.

TABLE OF ENACTMENTS REPEALED.

Number and Year of Ordinance.

Title or Short Title and Date of Ordinance.

No. 1 of 1867

No. 3 of 1897

The Interpretation Ordinance, 1867. [22nd

May, 1867.]

An Ordinance to declare the Effect of Ordin- ances repealing others. [26th March, 1895.]

52 & 53 Vict.

63.

No. 1ot 1837.

THE INTERPRETATION BILL.

Objects and Reasons.

In 1850 it was recognized by Parliament that the lan- guage of Acts of Parliament might conveniently be shortened by enacting once for all statutory interpretations of certain words and expressions which were of frequent occurrence: in Acts of Parliament and were usually defined in each of those Acts, and also by enacting certain rules of construc- tion as applicable generally to Acts of Parliament. In that year, as a consequence of this view and in order to give effect to it, the Act 13 & 14 Vict. c. 21, entitled "An Act for shortening the Language used in Acts of Parliament,' (commonly called "Lord Brougham's Act") was passed. In 1889 it was felt that this principle might be carried further, and accordingly by the Interpretation Act, 1889, Lord Brougham's Act was repealed and fuller and more elaborate provisions were substituted for it.

策量

2. It is believed that most of the Colonial legislatures adopted the provisions of Lord Brougham's Act, and that a considerable number of them have also placed the Act of 1889 on their Statute Books. In this Colony the first Ordinance enacted on the subject was the Interpretation Ordinance, 1867. By this Ordinance a considerable num- ber of words and expressions of frequent occurrence werc defined for the purposes of future Ordinances and Rules of Court. The Ordinance also contained provisions relating to the meaning, in Ordinances and Rules of Court, of refer-

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.