Hong Kong Ordinances
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]
INTERPRETATION AND GENERAL CLAUSES ORDINANCE - SECT 3
Interpretation of words and expressions
Caution: This is a past version. See the current version here.
PART II
INTERPRETATION OF WORDS AND EXPRESSIONS
"act" (作為), when used with reference to an offence or civil wrong,
includes a series of acts, an illegal omission and a series of illegal
omissions; "Administrative Appeals Board" (行政上訴委員會) means the
Administrative Appeals Board established under the
Administrative Appeals Board Ordinance ( Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18
years; (Amended 32 of 1990 s. 6) "aircraft" (飛機、航空器) means any
machine that can derive support in the atmosphere from the reactions of the
air; "alien" (外籍人士) means a person who is neither a Commonwealth
citizen nor a British protected person nor a citizen of the Republic of
Ireland; (Replaced 80 of 1982 s. 2) "amend" (修訂) includes repeal, add to
or vary and the doing of all or any of such things simultaneously or by the
same Ordinance or instrument; (Amended 89 of 1993 s. 3) "arrestable offence"
(可逮捕的罪行) means an offence for which the sentence is fixed by law
or for which a person may under or by virtue of any law be sentenced to
imprisonment for a term exceeding 12 months, and an attempt to commit any such
offence; (Added 30 of 1971 s. 2) "Attorney General" (律政司) means the
Attorney General of Hong Kong; "British citizen" (英國公民) means a person
who has the status of a British citizen under the British Nationality Act 1981
(1981 c. 61 U.K.); (Added 80 of 1982 s. 2) "British Dependent Territories
citizen" (英國屬土公民) means a person who has the status of a British
Dependent Territories citizen under the British Nationality Act 1981 (1981 c.
61 U.K.); (Added 80 of 1982 s. 2) "British Overseas citizen"
(英國海外公民) means a person who has the status of a British Overseas
citizen under the British Nationality Act 1981 (1981 c. 61 U.K.); (Added 80 of
1982 s. 2) "British protected person" (受英國保護人士) means a person
who has the status of a British protected person under the British Nationality
Act 1981 (1981 c. 61 U.K.); (Added 80 of 1982 s. 2) "British subject"
(英籍人士) means a person who has the status of a British subject under
the British Nationality Act 1981 (1981 c. 61 U.K.); (Replaced 80 of 1982 s. 2)
"Chief Justice" (首席大法官) means the Chief Justice of Hong Kong; "Chief
Secretary" (布政司) means the Chief Secretary of Hong Kong; (Replaced 39 of
1982 s. 2) "Clerk to the Executive Council" (行政局秘書) includes any
person appointed by the Governor to be Deputy Clerk to the Executive Council;
(Replaced 14 of 1994 s. 24) "Clerk to the Legislative Council"
(立法局秘書) means the Secretary General of the Legislative Council
Secretariat appointed under section 15(1) of The
Legislative Council Commission Ordinance ( Cap 443) and includes the Deputy
Secretary General and any Assistant Secretary General of the Legislative
Council Secretariat; (Added 14 of 1994 s. 24) "Colony" (殖民地、香港)
and "Hong Kong" (香港) mean the area of land and the area of Deep Bay and
Mirs Bay lying within the boundaries specified in Schedule 2 and the
territorial waters appertaining thereto; "commencement" (生效日期), when
used in relation to an Ordinance, or any part or provision thereof, means the
date on which the Ordinance, part or provision came or comes into operation;
(Replaced 39 of 1982 s. 2) "committed for trial" (交付審判), when used in
relation to any person, means-
(a) committed to prison with a view to his being tried before the
High Court; or
(b) admitted to bail to appear and stand his trial before the High Court;
(Amended 92 of 1975 s. 59; 56 of 1994 s. 9) "common law" (普通法)
means the common law of England; "Commonwealth citizen"
(英聯邦公民) means a person who has the status of a Commonwealth
citizen under the British Nationality Act 1981 (1981 c. 61 U.K.);
(Added 80 of 1982 s. 2) "consul" (領事) and "consular officer"
(領事館官員) mean any person, including the head of a consular
post, recognized by the competent authority of the receiving state as
entrusted in that capacity with the exercise of consular functions;
"contravene" (違反) in relation to any requirement or condition
prescribed in any Ordinance or in any grant, permit, licence, lease or
authority granted under or by virtue of any Ordinance includes a
failure to comply with that requirement or condition; "counsel"
(大律師) means a person admitted to practise as counsel before the
High Court; (Amended 92 of 1975 s. 59) "court" (法院、法庭) means
any court of the Colony of competent jurisdiction; "Crown Agents"
(英聯邦代辦) means the persons or body for the time being acting
as Crown Agents for Oversea Governments and Administrations; "Crown
lease" (官契) means any lease granted by the Crown, any instrument
whereby the term of a Crown lease may have been extended or the
provisions thereof varied and any agreement for a Crown lease;
"District Board" (區議會) means a District Board established under
the District Boards Ordinance ( Cap 366); (Added 42 of 1981 s. 27)
"District Court" (地方法院) means the District Court of Hong Kong;
"District Judge" (地院法官、地方法院法官) means a judge of
the District Court; "document" (文件) means any publication and any
matter written, expressed or described upon any substance by means of
letters, characters, figures or marks, or by more than one of these
means; "Executive Council" (行政局) means the Executive Council of
Hong Kong; "export" (輸出、出口) means to take out or cause to be
taken out of the Colony by air, land or water; "Financial Secretary"
(財政司) means the Financial Secretary of Hong Kong and the
Secretary for the Treasury; (Amended L.N. 94 of 1989) "financial year"
(財政年度) means the period from 1 April in any year to 31 March
in the immediately succeeding year, both days inclusive; "full age"
(成年)* means the age of 18 years; (Added 32 of 1990 s. 6) "Gazette"
(憲報) means-
(a) the Hong Kong Government Gazette and any supplement thereto;
(b) the Hong Kong (British Military Administration) Gazette published on
or between 12 October 1945 and 1 May 1946; and
(c) any Special Gazette or Gazette Extraordinary; "general revenue"
(政府一般收入) means the general revenue of Hong Kong; (Added 39
of 1982 s. 2) "Government" (政府) means the Government of Hong Kong;
"Government Printer" (政府印務局) means the Government Printer of
Hong Kong and any other printer authorized by or on behalf of the
Governor to print any Ordinance or any other document of the
Government; "Governor" (總督) means-
(a) the Governor of Hong Kong;
(b) the Acting Governor; (Replaced 54 of 1969 s. 2)
(c) to the extent to which a deputy to the Governor is authorized to
perform on behalf of the Governor any functions of the Governor, the
Deputy to the Governor; and
(d) where the Governor of Hong Kong is not intended, the Governor-General,
Governor, administrator or other officer for the time being
administering the government of any British possession; "Governor in
Council", "Governor in Executive Council" (總督會同行政局) and
"Governor with the advice of the Executive Council"
(總督參照行政局意見) mean the Governor acting after
consultation with the Executive Council in accordance with Royal
Instructions but not necessarily in such Council assembled; "harbour"
(海港) means the waters of the Colony within the boundaries
specified in Schedule 3; "health officer" (衞生主任) means-
(a) the Director, Deputy Director and Assistant Director of Health;
(Amended L.N. 76 of 1989)
(b) any person appointed as a health officer by the Governor; and
(c) any person for the time being performing the duties of a health
officer under any Ordinance; "immovable property" (不動產) means-
(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached
to land; "imperial enactment" (英國成文法則) means-
(a) any Act of Parliament; (Amended 89 of 1993 s. 3)
(b) any Order in Council;
(c) any Letters Patent or Royal Instructions; and
(d) any rule, regulation, proclamation, order, notice, rule of court,
by-law or other instrument made under or by virtue of any Act, Order
in Council, Letters Patent or Royal Instructions; "import"
(輸入、進口) means to bring or cause to be brought into the
Colony by air, land or water; "infant" (幼年人) and "minor"
(未成年人)* mean a person who has not attained the age of 18
years; (Amended 32 of 1990 s. 6) "instrument" (文書) includes any
publication in the Gazette having legal effect; "judge" (大法官)
means the Chief Justice, a Justice of Appeal, a judge of the
High Court of Justice, a recorder of the High Court of Justice and a
deputy judge of the High Court of Justice; (Replaced 92 of 1975 s. 58.
Amended 49 of 1983 s. 7; 80 of 1994 s. 10) "justice" and "justice of
the peace" (太平紳士) mean a person appointed to be a
justice of the peace under the Justices of the Peace Ordinance ( Cap
510); (Amended 47 of 1997 s. 10) "Kowloon" (九龍) means the area
specified in Schedule 4; "Lands Tribunal" (土地審裁處) means the
Lands Tribunal established under section 3 of the
Lands Tribunal Ordinance ( Cap 17); (Added 62 of 1974 s. 16) "law"
(法律、法例、法) means any law for the time being in force in,
having legislative effect in, extending to, or applicable in, the
Colony; "Legislative Council" (立法局) means the
Legislative Council of Hong Kong; "magistrate" (裁判官) means any
person appointed to be a permanent or special magistrate under the
Magistrates Ordinance ( Cap 227); (Replaced 47 of 1997 s. 10) "master"
(船長), when used with reference to a vessel, means the person
(except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (醫生), "registered medical practitioner"
(註冊醫生) and any words importing that a person is recognized by any
Ordinance to be a medical practitioner in Hong Kong or a member of the medical
profession in Hong Kong, mean a person duly registered as, or deemed to be
registered as, a medical practitioner under the Medical Registration Ordinance
( Cap 161); "month" (月) means calendar month; "movable property" (動產)
means property of every description except immovable property; "New Kowloon"
(新九龍) means the area specified in Schedule 5; "New Territories" (新界)
means the territories leased to Great Britain by the Emperor of China under
the Convention dated 9 June 1898; "oath" (誓言) and "affidavit" (誓章)
include, in the case of persons allowed or required by law to affirm instead
of swearing, affirmation; and "swear" in the like case includes affirm;
"occupy" (佔用) includes use, inhabit, be in possession of or enjoy the land
or premises to which the word relates, otherwise than as a mere servant or for
the mere purpose of the care, custody or charge thereof; "offence"
(罪、罪行、罪項、犯法行為) includes any crime and any
contravention or other breach of, or failure to comply with, any provision of
any Ordinance, for which a penalty is provided; (Amended 50 of 1991 s. 4)
"official languages" (法定語文) means the English language and the Chinese
language, and a reference to an "official language" shall be construed as a
reference to the English language or the Chinese language as the case may be;
(Added 18 of 1987 s. 2) "Order in Council" (樞密院領令) means an order
made by Her Majesty in Her Privy Council; "Ordinance" (條例) and "enactment"
(成文法則) mean-
(a) any Ordinance enacted by the Governor by and with the advice and
consent of the Legislative Council;
(b) any proclamation made by the British Military Administration on or
between 1 September 1945 and 1 May 1946; and
(c) any subsidiary legislation made under any such Ordinance or
proclamation; "Parliament" and "Imperial Parliament" (國會) mean the
Parliament of England, the Parliament of Great Britain and the
Parliament of the United Kingdom; "per cent" (釐、百分之), when
used in relation to a rate of interest payable in any circumstances,
means the rate of interest specified payable in respect of a year,
unless it is expressly provided that it is payable in respect of any
other period; "person" (人、人士、個人、人物、人選)
includes any public body and any body of persons, corporate or
unincorporate, and this definition shall apply notwithstanding that
the word "person" occurs in a provision creating or relating to an
offence or for the recovery of any fine or compensation; "pier"
(碼頭) includes every quay, wharf or jetty of whatever description
connected to and having direct access to the shore and used or
intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警務人員) and terms or expression referring to
ranks in the Royal Hong Kong Police Force shall bear the meanings
respectively assigned to them by the Police Force Ordinance (
Cap 232); (Amended 29 of 1969 s. 2) "power" (權、權力) includes
any privilege, authority and discretion; "prescribed" (訂明) and
"provided" (訂定), when used in or with reference to any Ordinance,
mean prescribed or provided by that Ordinance or by
subsidiary legislation made under that Ordinance; "prison"
(獄、監獄) means any place or building or portion of a building
set apart for the purpose of a prison under any Ordinance relating to
prisons; "Privy Council" (樞密院) means the Lords and others for
the time being of Her Majesty's Most Honourable Privy Council;
"property" (財產) includes-
(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and
profit, present or future, vested or contingent, arising out of or
incident to property as defined in paragraph (a) of this definition;
"public" (公眾、公眾人士) includes any class of the public;
"publication" (刊物) means-
(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other
contrivance by means of which any words or ideas may be mechanically,
electronically or electrically produced, reproduced, represented or
conveyed;
(c) anything whether of a similar nature to the foregoing or not,
containing any visible representation, or by its form, shape, or in
any manner, capable of producing, reproducing, representing or
conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in
paragraphs (a), (b) and (c) of this definition; "public body"
(公共機構) includes-
(a) the Executive Council;
(b) the Legislative Council;
(c) the Urban Council;
(ca) any District Board; (Added 42 of 1981 s. 27)
(cb) the Regional Council; (Added 39 of 1985 s. 60)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government; "public holiday" and "general
holiday" (公眾假期、公眾假日) mean any day which is a
general holiday by virtue of any provision of the Holidays Ordinance (
Cap 149); "public office" (公職) means any office or employment the
holding or discharging of which by a person would constitute that
person a public officer; "public officer" (公職人員) and "public
servant" (公務員) mean any person holding an office of emolument
under the Crown in right of the Government of Hong Kong, whether such
office be permanent or temporary; "public place"
(公眾地方、公眾埸所) means-
(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place
of general resort, admission to which is obtained by payment or to
which the public have or are permitted to have access; "public seal"
(公印) means the public seal of Hong Kong; "Regional Council"
(區域市政局) means the Regional Council established by the
Regional Council Ordinance ( Cap 385); (Added 39 of 1985 s.60)
"registered" (登記、註冊), when used with reference to a
document, means registered under the provisions of any law applicable
to the registration of such a document; "Registrar of the Supreme
Court" (最高法院司法常務官) means the Registrar of the
Supreme Court and any Deputy or Assistant Registrar of the Supreme
Court; "repeal" (廢除) includes rescind, revoke, cancel or replace;
"rules of court" (法院規則), when used in relation to any court,
means rules made by the authority having for the time being power to
make rules and orders regulating the practice and procedure of such
court; "Secretary of State" (大臣、國務大臣) means one of Her
Majesty's Principal Secretaries of State for the time being; "sell"
(賣、售賣、出售) includes exchange and barter; "ship"
(船、船舶) includes every description of vessel used in navigation
not exclusively propelled by oars; "sign" (簽名、簽署) includes,
in the case of a person unable to write, the affixing or making of a
seal, mark, thumbprint or chop; "solicitor" (律師) means a person
admitted to practise as a solicitor before the High Court; (Amended 92
of 1975 s. 59) "statutory declaration" (法定聲明), if made-
(a) in Hong Kong, means a declaration under the repealed Statutory
Declarations Ordinance or the Oaths and Declarations Ordinance (
Cap 11); (Replaced 20 of 1972 s. 24)
(b) in any part of the Commonwealth except the Colony, means a declaration
made before a justice of the peace, notary public, or other person
having authority therein under any legal provision for the time being
in force in such part to take or receive a declaration;
(c) in any other place, means a declaration before a British consul or
person having authority under any Act for the time being in force to
take or receive a declaration; "street" (街、街道) and "road"
(路、道路) mean-
(a) any highway, street, road, bridge, thoroughfare, parade, square,
court, alley, lane, bridle-way, footway, passage, tunnel; and (Amended
54 of 1969 s. 2)
(b) any open place, whether situate on land leased from the Crown or not,
used or frequented by the public or to which the public have or are
permitted to have access; "subsidiary legislation" (附屬法例) and
"regulations" (規例) mean any proclamation, rule, regulation, order,
resolution, notice, rule of court, by-law or other instrument made
under or by virtue of any Ordinance and having legislative effect;
(Amended L.N. 336 of 1990) "summary conviction" (簡易程序定罪)
means a summary conviction by a magistrate in accordance with the
provisions of the Magistrates Ordinance ( Cap 227); "Supreme Court"
(最高法院) means the Supreme Court of Hong Kong; "surname"
(姓、姓氏) includes a clan or family name; "territorial waters"
(領海) means such part of the sea adjacent to the coast of the
Colony as is deemed by international law to constitute the territorial
waters of Hong Kong; "treaty" (條約) means a treaty, convention or
agreement made with a foreign state, and any protocol or declaration
attached thereto or independent thereof but referring thereto;
"triable summarily" (可循簡易程序審訊) means triable by a
magistrate, in accordance with the provisions of the
Magistrates Ordinance ( Cap 227); "trust territory" (託管地) means
a territory administered by the Government of any part of Her
Majesty's dominions under the trusteeship system of the United
Nations; "United Kingdom" (聯合王國) means-
(a) the United Kingdom of Great Britain and Northern Ireland; or
(b) when used with reference to citizenship or nationality, Great Britain,
Northern Ireland, the Channel Islands and the Isle of Man; (Replaced
80 of 1982 s. 2) "Urban Council" (市政局) means the Urban Council
established by the Urban Council Ordinance ( Cap 101); "vessel"
(船隻) means any ship or boat and any description of vessel used in
navigation; "Victoria" (維多利亞) means the area within the
boundaries specified in Schedule 1; (Amended 89 of 1993 s. 3) "waters
of the Colony" (殖民地水域、香港水域), "waters of Hong Kong"
(香港水域) and "Colonial waters" (香港水域、殖民地水域)
mean- (Amended 39 of 1982 s. 2)
(a) all waters, whether navigable or not, included in the Colony; and
(b) territorial waters; "weekday" and "week-day" (周日) mean any day
other than a Sunday; (Added 68 of 1995 s. 15) "words"
(字、文字、語言文字) includes figures and symbols; "writing"
(書寫) and "printing" (印刷) include writing, printing,
lithography, photography, typewriting and any other mode of
representing words in a visible form; "year" (年) means a year
according to the Gregorian calendar; "years of age" (歲、年歲) and
words of a like meaning, when used with reference to the age of any
person, mean years of age according to the English reckoning of ages.
(Amended 89 of 1993 s. 3)
---------------------------------------------------------------------------
--------------------------------------
* See also s. 6 of 32 of 1990. "act" (作為) "Administrative Appeals Board"
(行政上訴委員會) "adult" (成人、成年人) "aircraft"
(飛機、航空器) "alien" (外籍人士) "amend" (修訂) "arrestable
offence" (可逮捕的罪行) "Attorney General" (律政司) "British citizen"
(英國公民) "British Dependent Territories citizen" (英國屬土公民)
"British Overseas citizen" (英國海外公民) "British protected person"
(受英國保護人士) "British subject" (英籍人士) "Chief Justice"
(首席大法官) "Chief Secretary" (布政司) "Clerk to the Executive
Council" (行政局秘書) "Clerk to the Legislative Council"
(立法局秘書) "Colony" (殖民地、香港) and "Hong Kong" (香港)
"commencement" (生效日期) "committed for trial" (交付審判) "common
law" (普通法) "Commonwealth citizen" (英聯邦公民) "consul" (領事)
and "consular officer" (領事館官員) "contravene" (違反) "counsel"
(大律師) "court" (法院、法庭) "Crown Agents" (英聯邦代辦) "Crown
lease" (官契) "District Board" (區議會) "District Court" (地方法院)
"District Judge" (地院法官、地方法院法官) "document" (文件)
"Executive Council" (行政局) "export" (輸出、出口) "Financial
Secretary" (財政司) "financial year" (財政年度) "full age" (成年)
"Gazette" (憲報) "general revenue" (政府一般收入) "Government"
(政府) "Government Printer" (政府印務局) "Governor" (總督) "Governor
in Council", "Governor in Executive Council" (總督會同行政局) and
"Governor with the advice of the Executive Council"
(總督參照行政局意見) "harbour" (海港) "health officer"
(衞生主任) "immovable property" (不動產) "imperial enactment"
(英國成文法則) "import" (輸入、進口) "infant" (幼年人) and
"minor" (未成年人)* "instrument" (文書) "judge" (大法官) "justice"
and "justice of the peace" (太平紳士) "Kowloon" (九龍) "Lands Tribunal"
(土地審裁處) "law" (法律、法例、法) "Legislative Council"
(立法局) "magistrate" (裁判官) "master" (船長) "medical practitioner"
(醫生) "registered medical practitioner" (註冊醫生) "month" (月)
"movable property" (動產) "New Kowloon" (新九龍) "New Territories"
(新界) "oath" (誓言) and "affidavit" (誓章) "occupy" (佔用) "offence"
(罪、罪行、罪項、犯法行為) "official languages" (法定語文)
"Order in Council" (樞密院領令) "Ordinance" (條例) and "enactment"
(成文法則) "Parliament" and "Imperial Parliament" (國會) "per cent"
(釐、百分之) "person" (人、人士、個人、人物、人選) "pier"
(碼頭) "police officer" (警務人員) "power" (權、權力) "prescribed"
(訂明) "prison" (獄、監獄) "Privy Council" (樞密院) "property"
(財產) "public" (公眾、公眾人士) "publication" (刊物) "public body"
(公共機構) "public holiday" and "general holiday"
(公眾假期、公眾假日) "public office" (公職) "public officer"
(公職人員) and "public servant" (公務員) "public place"
(公眾地方、公眾埸所) "public seal" (公印) "Regional Council"
(區域市政局) "registered" (登記、註冊) "Registrar of the Supreme
Court" (最高法院司法常務官) "repeal" (廢除) "rules of court"
(法院規則) "Secretary of State" (大臣、國務大臣) "sell"
(賣、售賣、出售) "ship" (船、船舶) "sign" (簽名、簽署)
"solicitor" (律師) "statutory declaration" (法定聲明) "street"
(街、街道) and "road" (路、道路) "subsidiary legislation"
(附屬法例) and "regulations" (規例) "summary conviction"
(簡易程序定罪) "Supreme Court" (最高法院) "surname" (姓、姓氏)
"territorial waters" (領海) "treaty" (條約) "triable summarily"
(可循簡易程序審訊) "trust territory" (託管地) "United Kingdom"
(聯合王國) "Urban Council" (市政局) "vessel" (船隻) "Victoria"
(維多利亞) "waters of the Colony" (殖民地水域、香港水域),
"waters of Hong Kong" (香港水域) and "Colonial waters"
(香港水域、殖民地水域) "weekday" and "week-day" (周日) "words"
(字、文字、語言文字) "writing" (書寫) and "printing" (印刷)
"year" (年) "years of age" (歲、年歲)
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]