Hong Kong Ordinances

INTERPRETATION AND GENERAL CLAUSES ORDINANCE - SECT 29A

Variation of certain fees and charges

(Past version on 30/06/1997).

Amendments retroactively made - see 26 of 1998 s. 37

(1) Where the amount of any fee or charge is for the time being specified in,
or otherwise fixed or determined by, subsidiary legislation made by the
Chief Executive in Council, subject to subsection (2), the Financial Secretary
may by similar subsidiary legislation increase or decrease, or otherwise vary,
the amount of the fee or charge.

(2) (a) The Chief Executive in Council may by a direction in writing direct
the Financial Secretary to exercise, as regards fees or charges specified in
the direction, a power conferred on him by subsection

(1) either-

        (i)    only with the prior approval of the Chief Executive in Council;
               or

        (ii)   so as not to exceed limits specified in the direction; or

        (iii)  only in some other manner so specified.

   (b)  For so long as a direction under this subsection is in force the
        Financial Secretary shall comply with it.

(3) The powers conferred by subsection (1) are in addition to, and are not in
substitution for, any power exercisable by the Chief Executive  in Council in
relation to fees or charges.

(4) Where-

   (a)  a power under subsection (1) is exercisable; and

   (b)  the subsidiary legislation by which the relevant fee or charge
was specified, fixed or otherwise determined ("the primary instrument") is-

        (i)    subsidiary legislation to which section 35 applies or to which
               section 34 does not apply; or

        (ii)   subsidiary legislation of which a draft was required to be laid
               on the table of the Legislative Council, then such 1 or more of
               the following provisions as are appropriate in the particular
               circumstances shall operate-

        (i)    section 35 shall apply to subsidiary legislation made or issued
               in exercise of the power which amends the primary instrument;

        (ii)   section 34 shall not apply to such subsidiary legislation;

        (iii)  the enactment requiring or otherwise relevant to so laying
               the primary instrument shall also apply to
               subsidiary legislation which is so made or issued and amends
               that instrument. (Added 39 of 1993 s. 2. Amended 26 of 1998 s.
               37)