21. Construction of judgments, etc.
For the purpose of giving effect to the foregoing provisions of this Part and with effect on and from 1 July 1997 in any judgment, direction, penalty, decree, order, record or instrument given, imposed, issued or made before that date—
- (a) any reference to the Crown or the Queen (or to similar names or terms) shall—
- (i) in the case of a prosecution brought in the name of the Crown, be construed as a reference to the HKSAR; and
- (ii) in any other case, be construed as a reference to the Government of the HKSAR;
- (b) any reference to a public officer shall be construed as a reference to the corresponding public officer in the HKSAR; and
- (c) any reference to a court, magistracy, statutory tribunal or statutory board shall be construed as a reference to the corresponding court, magistracy, tribunal or board of the HKSAR.
PART VII
Continuity of Public Service
22. Continuance of public service
(1) Subject to this Ordinance, the continuity of the public service and the powers and duties of public officers shall not be affected by the resumption of the exercise of sovereignty over Hong Kong by the People’s Republic of China.
(2) The following provisions of this Part are without prejudice to the generality of the principle stated in subsection (1).
23. Continuance of office
(1) Subject to subsection (2), a person who immediately before 1 July 1997 held office in the public service of Hong Kong shall on and after that date continue to hold the corresponding office in the public service of the HKSAR.
(2) Subsection (1) shall not apply—
- (a) where the corresponding office in question is the office of a principal official; or
- (b) to a person who leaves the service on 30 June 1997 or starts his final leave on or before 1 July 1997.
