Chapter: | 1 | INTERPRETATION AND GENERAL CLAUSES ORDINANCE | Gazette Number | Version Date |
To consolidate and amend the law relating to the construction, application and interpretation of laws, to make general provisions with regard thereto, to define terms and expressions used in laws and public documents, to make general provision with regard to public officers, public contracts and civil and criminal proceedings and for purposes and for matters incidental thereto or connected therewith.
[31 December 1966] L.N. 88 of 1966
(Originally 31 of 1966) Section: | 1 | Short title | | 30/06/1997 |
PART I SHORT TITLE AND APPLICATION This Ordinance may be cited as the Interpretation and General Clauses Ordinance. Section: | 2 | Application | 26 of 1998 | 01/07/1997 |
Remarks:
Adaptation amendments retroactively made - see 26 of 1998 s. 2
(1) Save where the contrary intention appears either from this Ordinance or from the context of any other Ordinance or instrument, the provisions of this Ordinance shall apply to this Ordinance and to any other Ordinance in force, whether such other Ordinance came or comes into operation before or after the commencement of this Ordinance, and to any instrument made or issued under or by virtue of any such Ordinance.
(1A) The inclusion of the substance of a provision of this Ordinance in another Ordinance does not imply the exclusion of the application of any other provision of this Ordinance to the other Ordinance. (Added 89 of 1993 s. 2)
(2) This Ordinance shall be binding on the State. (Replaced 26 of 1998 s. 2)
Note:
Please also see s. 1(3) of 26 of 1998, which is subject to article 12 of the Hong Kong Bill of Rights set out in
Part II of Cap 383. That s. 1(3) reads as follows- "(3) Save where the contrary intention appears either from the amended Ordinance or from the context of any other Ordinance or instrument, the provisions of the amended Ordinance shall apply to the amended Ordinance and to any other Ordinance in force, whether such other Ordinance came or comes into operation before, on or after 1 July 1997, and to any instrument made or issued under or by virtue of any such Ordinance.".
(Please note that "amended Ordinance" referred to in the above s. 1(3) means Cap 1 as amended by 26 of
1998.) Section: | 2A | Laws previously in force | 110 of 1997; 26 of 1998 | 01/07/1997 |
Remarks:
Adaptation amendments retroactively made - see 26 of 1998 s. 3
- (1)
- All laws previously in force shall be construed with such modifications, adaptations, limitations and exceptions as may be necessary so as not to contravene the Basic Law and to bring them into conformity with the status of Hong Kong as a Special Administrative Region of the People's Republic of China.
(2) Without prejudice to the generality of subsection (1), in any Ordinance- - (a) provisions relating to foreign affairs in respect of the Hong Kong Special Administrative Region which are inconsistent with any national law applied in the Hong Kong Special Administrative Region shall be construed subject to that national law and shall be so construed as to be consistent with the international rights and obligations of the Central People's Government of the People's Republic of China;
- (b) provisions conferring privileges on the United Kingdom or other Commonwealth countries or territories, other than provisions giving effect to reciprocal arrangements between Hong Kong and the United Kingdom or other Commonwealth countries or territories shall have no further effect;
- (c) provisions relating to the rights, exemptions and obligations of military forces stationed in Hong Kong by the United Kingdom shall, subject to the provisions of the Basic Law and the Garrison Law of the Hong Kong Special Administrative Region of the People's Republic of China, continue to have effect and apply to the military forces stationed in the Hong Kong Special Administrative Region by the Central People's Government of the People's Republic of China;
- (d) provisions relating to the superior legal status of the English language as compared with the Chinese language shall be construed as providing that both the English and Chinese languages are to be official languages; and
- (e) provisions applying any English law may continue to be applicable by reference thereto as a transitional arrangement pending their amendment by the Hong Kong Special Administrative Region through the Legislature thereof, provided that they are not prejudicial to the sovereignty of the People's Republic of China and do not contravene the provisions of the Basic Law.
- (3) In all laws previously in force words and expressions listed in Schedule 8 shall be construed according to that Schedule.
Cap 1 - INTERPRETATION AND GENERAL CLAUSES ORDINANCE
(4) In this section-
"laws previously in force" (原有法律) means the common law, rules of equity, Ordinances, subsidiary legislation and customary law in force immediately before 1 July 1997 and adopted as laws of the Hong Kong Special Administrative Region.
(Added 110 of 1997 s. 5. Amended 26 of 1998 s. 3)
PART II
INTERPRETATION OF WORDS AND EXPRESSIONS
"act" (作為), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上訴委員會) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飛機、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修訂) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政長官) means - (a) the Chief Executive of the Hong Kong Special Administrative Region;
- (b) a person for the time being assuming the duties of the Chief Executive according to the provisions of
Article 53 of the Basic Law; (Added 26 of 1998 s. 4)
"Chief Executive in Council" (行政長官會同行政會議) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (終審法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政務司司長) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中國) means the People's Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中國公民) mean a person who has Chinese nationality under the Nationality Law of the People's Republic of China in Schedule 4 to the Promulgation of National Laws 1997
(L.N. 379 of 1997); (Added 26 of 1998 s. 4) "Clerk to the Executive Council" (行政會議秘書) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法會秘書) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2) "committed for trial" (交付審判), when used in relation to a person, means
(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4) "common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (領事) and "consular officer" (領事館官員) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (違反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律師) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上訴法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (終審法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原訟法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of
a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4) "department" (部門), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4) "District Council" (區議會) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89) "District Court" (區域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4) "District Judge" (區域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4) "document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法則) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政會議) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (輸出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (財政司司長) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (財政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外國) mean a country or state other than the People's Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外幣) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (