Hong Kong Ordinances

INTERPRETATION AND GENERAL CLAUSES ORDINANCE - SECT 34

Placing of subsidiary legislation before Legislative Council

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) All subsidiary legislation shall be laid on the table of the
Legislative Council at the next sitting thereof after the publication in the
Gazette of that subsidiary legislation.

(2) Where subsidiary legislation has been laid on the table of the
Legislative Council under subsection (1), the Legislative Council may, by
resolution passed at a sitting of the Legislative Council held not later than
28 days after the sitting at which it was so laid, provide that such
subsidiary legislation shall be amended in any manner whatsoever consistent
with the power to make such subsidiary legislation, and if any such resolution
is so passed the subsidiary legislation 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) If the period referred to in subsection (2) would but for this subsection
expire-

   (a)  after the last sitting before the end of a session or dissolution of
        the Legislative Council; but (Replaced 89 of 1993 s. 17)

   (b)  on or before the day of the second sitting of the Legislative  Council
        in the next session, (Replaced 89 of 1993 s. 17) that period shall be
        deemed to extend to and expire on the day after that second sitting.

(4) Before the expiry of the period referred to in subsection (2) or that
period as extended by virtue of subsection (3), the Legislative  Council may
by resolution in relation to any subsidiary legislation specified therein-

   (a)  in the case of the period referred to in subsection (2), extend that
        period to the first sitting of the Legislative Council held not
        earlier than the twenty-first day after the day of its expiry;

   (b)  in the case where the period referred to in subsection (2) has been
        extended by virtue of subsection (3), extend that period as so
        extended to the first sitting of the Legislative Council held not
        earlier than the twenty-first day after the day of the second sitting
        in that next session. (Replaced 8 of 2002 s. 2)

(5) Any resolution passed by the Legislative Council in accordance with this
section shall be published in the Gazette not later than 14 days after the
passing thereof or within such further period as the Chief  Executive may
allow in any particular case. (Amended 26 of 1998 s. 37)

(6) In this section-

"sitting" (會議), when used to calculate time, means the day on which the
sitting commences and only includes a sitting at which subsidiary  legislation
is included on the order paper;

"subsidiary legislation" (附屬法例) does not include a resolution of the
Legislative Council. (Replaced 89 of 1993 s. 17) (Replaced 39 of 1986 s. 2)

"sitting" (會議)

"subsidiary legislation" (附屬法例)