Hong Kong Ordinances

INTERPRETATION AND GENERAL CLAUSES ORDINANCE - SECT 28

General provision with regard to power to make subsidiary legislation

PART V

SUBSIDIARY LEGISLATION

(1) Where an Ordinance confers power on a person to make subsidiary 
legislation, the following provisions shall have effect with reference to the
subsidiary legislation-

   (a)  when any subsidiary legislation purports to be made in exercise of a
        particular power or powers, it shall be deemed also to be made in
        exercise of all other powers that enable its making;

   (b)  no subsidiary legislation shall be inconsistent with the provisions of
        any Ordinance;

   (c)  subsidiary legislation may at any time be amended by the same person
        and in the same manner by and in which it was made;

   (ca) where the person referred to in paragraph (c) has been replaced wholly
        or in part by another person, the power conferred by paragraph (c) may
        be exercised by the other person for all matters in his jurisdiction
        as if he were the original person; (Added 89 of 1993 s. 11)

   (d)  where any Ordinance confers power on any person to make
        subsidiary legislation for any general purpose, and also for any
        incidental special purpose, the enumeration of the special purposes
        shall not be deemed to derogate from the generality of the powers
        conferred with reference to the general purpose;

   (e)  subsidiary legislation may provide that a contravention or breach of
        the subsidiary legislation is an offence punishable on summary 
        conviction by such fine not exceeding $5000 or by such term of
        imprisonment not exceeding 6 months as may be specified in the
        subsidiary  legislation or by both such fine and imprisonment;
        (Amended 23 of 1981 s. 2)

   (f)  subsidiary legislation may amend any forms contained in the Ordinance
        under which such subsidiary legislation is made and may prescribe new
        forms.

   (g)  (Repealed 89 of 1993 s. 11)

(2) Subsidiary legislation shall be published in the Gazette. (Added 89 of
1993 s. 11)

(3) Subsidiary legislation comes into operation-

   (a)  at the beginning of the day on which it is published; or

   (b)  if provision is made for it to commence on another day, at the
        beginning of that other day. (Added 89 of 1993 s. 11)

(4) A person who makes subsidiary legislation may provide for the
subsidiary legislation to commence on a day to be fixed by notice to be given
by him or by some other person designated in the subsidiary  legislation.
(Added 89 of 1993 s. 11)

(5) If subsidiary legislation is to commence on, or be repealed from, a day to
be notified in the Gazette, the notice may fix different days for different
provisions to commence or from which different provisions are to be repealed
and different notices may fix different days for different provisions. (Added
89 of 1993 s. 11) (Amended 89 of 1993 s. 11)