Page:Interpretation and General Clauses Ordinance 1966 (Cap. 1).pdf/21

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
INTERPRETATION AND GENERAL CLAUSES
Ord. No. 31/66
A195

Provided that any appointment, subsidiary legislation, instrument, notice, form or thing made, granted, issued, prescribed, given or done under such power shall not, unless the appointment, subsidiary legislation, instrument, notice, form or thing is necessary for bringing the Ordinance into operation, come into operation or have any effect until the Ordinance comes into operation.

Acts done under subsidiary legislation deemed done under Ordinance. 33. An act shall be deemed to be done under an Ordinance or by virtue of the powers conferred by an Ordinance or in pursuance or execution of the provisions of or under the authority of an Ordinance, if it is done under or by virtue of or in pursuance or execution of or under the authority of subsidiary legislation made under any power contained in that Ordinance.

Placing of rules, regulations and by-laws before Legislative Council. 34. (1) All rules, regulations and by-laws shall be laid on the table of the Legislative Council at the next meeting thereof after the publication in the Gazette of such rules, regulations or by-laws.

(2) Where rules, regulations or by-laws have been laid on the table of the Legislative Council, in accordance with the provisions of subsection (1), the Legislative Council may, by resolution passed at the next meeting of the Legislative Council held after the meeting at which they were so laid, provide that any such rules, regulations or by-laws shall be amended in any manner whatsoever, and if any such resolution is so passed, the said rules, regulations or by-laws shall, without prejudice to anything done thereunder, be deemed to be amended as from the date of publication in the Gazette of such resolution.

(3) Any resolution passed by the Legislative Council in accordance with subsection (2) shall be published in the Gazette not later than fourteen days after the passing thereof or within such further period as the Governor may allow in any particular case.

Approval of Legislative Council to subsidiary legislation. 35. Where any Ordinance provides that subsidiary legislation shall be subject to the approval of the Legislative Council or of any other authority, or contains words to the like effect, then—

(a) the subsidiary legislation shall be submitted for the approval of the Legislative Council or other authority; and
(b) the Legislative Council may by resolution or the other authority may by order amend the whole or any part of the subsidiary legislation.

Effect of repeal on subsidiary legislation. 36. (1) Where any Ordinance—

(a) repeals any former Ordinance and substitutes other provisions therefor; or
(b) repeals any former Ordinance and re-enacts such former Ordinance with or without modification,