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904

THE HONGKONG GOVERNMENT GAZETTE, 30TH OCTOBER, 1897.

Construction

of preamble, etc., in past

and future Ordinances.

B. G. Ordi- nance, s. 17.

Division of Ordinance into parts, etc.

B. G. Ordi- nance, 8, 15.

Form of suspending clause.

B. G. Ordi❤ nance, s. 23.

References to

the Crown in past and future Ordinances.

52 & 53 Vict. e 63, H. 30.

General sav- ing of rights of the Crown.

B. G. Ordi- nance, s. 21.

Provisions as to offences under two OT inore laws.

52 & 53 Vict. c. 63, s. 33.

Measurement

24.-(1.) The preamble of an Ordinance, whether passed before or after the commencement of this Ordinance, may be referred to for assistance in explaining the scope and object of the Ordinance.

(2.) Every schedule or table to an Ordinance, or part of an Ordinance, whether passed before or after the commen- cement of this Ordinance, shall, together with any notes thereto, be construed and have effect as part of the Ordinance.

25. Where an Ordinance, whether passed before or after the commencement of this Ordinance, is divided into parts, chapters, titles, or other 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.

26. Where a suspending clause is embodied in an Or- dinance, such clause shall be in the following form, or to the like effect:-

"This Ordinance shall not come into operation unless and until the Governor notifies, by Proclamation, that it is Her Majesty's pleasure not to disallow the same, and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation.”

27. In this Ordinance, and in every other Ordinance whether passed before or after the commencement of this Ordinance, references to the Sovereign reigning at the time of the passing of the Ordinance or to the Crown shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being, and this Ordinance shall be binding on the Crown.

28. No Ordinance, whether passed before or after the commencement of this Ordinance, shall in any manner what- soever affect the rights of the Crown, unless it is therein expressly stated, or unless it appears by necessary implica- tion, that the Crown is bourd thereby.

29. Where an act or omission constitutes an offence under two or more Ordinances, or both under an Ordinance and at common law, whether any such Ordinance was passed before or after the commencement of this Ordinance, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of those Ordinances or at cominon law, but shall not be liable to be punished twice for the same offence.

30. In the measurement of any distance for the purposes of distances for of any Ordinance passed after the commencement of this Ordinance that distance shall, unless the contrary intention appears, be measured in a straight line ou a horizontal plane.

purposes of

future Ordinances.

52 & 53 Vict. c. 63, s. 31.

Meaning of

31. Whenever any expression of time occurs in any expressions of Ordinance, deed, or other legal instrument, the time refer- red to shall, unless the contrary intention appears, be held to be local mean time.

time.

43 & 44 Vict. c. 9, s. 1.

Construction of statutory rules, etc.

5253 Vict. c. 63, s. 31.

Construction of provisions as to exercise of statutory powers and

performance

of statutory duties.

52 & 53 Vict. c. 63, s. 39.

Exercise of statutory powers between passing and

commence-

ment of future

Ordinances.

52 & 53 Vict. c. 63, 9, 37.

32. Where an Ordinance, whether passed before or after the commencement of this Ordinance, confers power to make, grant, or issue any instrument, that is to say, any Order-in-Council, order, warrant, scheme, letters patent, rules, regulations, or by-laws, expressions used in the in- strument, if it is made after the commencement of this Or- dinance, shall, unless the contrary intention appears, have the same respective meanings as in the Ordinance confer- ring the power.

33.-(1.) Where an Ordinance passed after the com- mencement of this Ordinance confers a power or imposes a 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.

(2.) Where an Ordinance passed after the commence- ment of this Ordinance confers a power or imposes a duty on the holder of an office, as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder for the time being of the office.

34. Where an Ordinance passed after the commence- ment of this Ordinance is not to come into operation im- mediately on the passing thereof, and confers power to make any appointment, to make, grant, or issue any instrument, that is to say, any Order-in-Council, order, warrant, scheme, letters patent, rules, regulations, or by-laws, to give notice, to prescribe forms, or to do any other thing for the purposes of the Ordinance, that power may, unless the contrary in- tention appears, be exercised at any time after the pass-