Hong Kong Ordinances

INTERPRETATION AND GENERAL CLAUSES ORDINANCE - SECT 43

Delegation by specified public officers

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 26 of 1998 s. 37

(1) Where any Ordinance confers powers or imposes duties upon a
specified public officer, such public officer may delegate any other
public officer or the person for the time being holding any office designated
by him to exercise such powers or perform such duties on his behalf, and
thereupon, or from the date specified by such specified public  officer, the
person delegated shall have and may exercise such powers and perform such
duties.

(2) Nothing in subsection (1) shall authorize a specified public  officer to
delegate any person to make subsidiary legislation or to hear any appeal.

(3) Where any Ordinance confers any power or imposes any duty upon a
specified public officer and such power is exercised or such duty is performed
by any other public officer, the specified public officer shall, unless the
contrary is proved, be deemed to have delegated the latter public officer
under subsection (1) to exercise the power or perform the duty.

(4) In this section "specified public officer" (指明的公職人員) means
the person for the time being holding any public office which has been
specified, either generally or for the purposes of any particular Ordinance,
under this section by the Chief Executive in Council by notice in the Gazette.
(Amended 26 of 1998 s. 37)

"specified public officer" (指明的公職人員)