Page:Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance (Cap. 632).pdf/13

Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance

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Part 3
Supplementary Provisions

7. Savings provision

(1) Section 6(1) does not affect—

(a) a right acquired or accrued, or an obligation incurred, because of an act that was done, or an omission that was made, before the commencement date in the designated area;

(b) any investigation, legal proceedings or remedy in respect of such a right or obligation; or

(c) any penalty, forfeiture or punishment incurred in respect of an offence committed before the commencement date in the designated area.

(2) Also, no person is entitled to contend in any proceedings (whether civil, criminal or otherwise) that section 6(1) has the effect of changing the geographical scope for a pre-existing right or pre-existing obligation.

(3) However, in determining the geographical scope for any of the following rights or obligations, the Mainland Port Area is to be regarded as an area lying outside Hong Kong but lying within the Mainland—

(a) a pre-existing right or pre-existing obligation that has arisen because of an order specified in Schedule 4;

(b) a pre-existing right or pre-existing obligation that has arisen because of any other statutory authority, but only to the extent that the right or obligation may be exercised or discharged in relation to a non-reserved matter;