Hong Kong Ordinances

INTERPRETATION AND GENERAL CLAUSES ORDINANCE - SECT 40

Construction of enabling words

(Past version on 30/06/1997).

Amendments retroactively made - see 26 of 1998 s. 16; 29 of 1998 s. 105

(1) Where any Ordinance confers upon any person power to do or enforce the
doing of any act or thing, all such powers shall be deemed to be also
conferred as are reasonably necessary to enable the person to do or enforce
the doing of the act or thing.

(2) Without prejudice to the generality of subsection (1), where any Ordinance
confers power-

   (a)  to provide for, prohibit, control or regulate any matter, such power
        shall include power to provide for the same by the licensing thereof
        and power to prohibit acts whereby the prohibition, control or
        regulation of such matter might be evaded;

   (b)  to grant a licence, Government lease, permit, authority, approval or
        exemption, such power shall include power to impose reasonable
        conditions subject to which such licence, Government lease, permit,
        authority, approval or exemption may be granted; (Amended 26 of 1998
        s. 16; 29 of 1998 s. 105)

   (c)  to approve any person or thing, such power shall include power to
        withdraw approval thereof;

   (d)  to give directions, such power shall include power to couch the same
        in the form of prohibitions.

(3)-(4) (Repealed 89 of 1993 s. 19)