Hong Kong Ordinances

PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 8

Savings and transitional provisions for matters arising under section 7

(1) Section 7 does not affect the validity of anything lawfully done by or in
relation to a former authority before the commencement date.

(2) The following applies without limiting the operation of subsection (1) and
to the extent that it is consistent with this Ordinance-

   (a)  anything which immediately before the commencement date is in the
        process of being done by or in relation to a former authority,
        including in particular legal proceedings to which a former authority
        is a party or which are instituted on behalf of a former authority,
        may be continued by or in relation to the new authority;

   (b)  any right of appeal subsisting immediately before the
        commencement date against a former authority may be exercised and
        enforced against the new authority in accordance with this Ordinance;

   (c)  if section 7 operates to substitute, in relation to a right of appeal,
        a new authority to hear and determine the appeal-

        (i)    any right of appeal subsisting immediately before the
               commencement date is to be treated as a right of appeal to the
               new  authority under the provisions of the relevant enactment
               as amended by this Ordinance;

        (ii)   any appeal pending immediately before the commencement date is
               to be treated and disposed of as being an appeal to the
               new authority under the provisions of the relevant enactment as
               amended by this Ordinance;

   (d)  if a provision under which a right of review was available immediately
        before the commencement date is repealed by section 7 and a new remedy
        provided in its place under that section-

        (i)    any right of review subsisting immediately before that date may
               be exercised as a right to the new remedy under the provisions
               of the relevant enactment as amended by this Ordinance;

        (ii)   any review pending immediately before the commencement date is
               to be terminated on that date and the person to whom the right
               of review was available may exercise it as a right to the new
               remedy under the provisions of the relevant enactment as
               amended by this Ordinance;

   (e)  any licence, permit, registration, permission, approval,
        authorization, delegation, exemption, appointment, declaration,
        determination, designation, specification, notice, notification,
        prohibition, direction or requirement, granted, given, made or imposed
        by a former authority or having effect as if so granted, given, made
        or imposed, or a similar exercise of a power by or on behalf of the
        former  authority which is in force immediately before the
        commencement date or which is to take effect on or after that date,
        has effect as if granted, given, made or imposed or done by the
        new authority in so far as that is required for continuing its effect
        after that date;

   (f)  if section 7 operates to substitute a new provision for a provision
        under which a power referred to in paragraph (e) has been exercised
        immediately before the commencement date, the power is taken to have
        been exercised under the new provision; accordingly on and after that
        date a reference in any enactment or document to the new provision in
        relation to the exercise of that power is to be construed as including
        acts done under the former provision;

   (g)  if immediately before the commencement date there is in existence an
        application for a licence, permit, registration, permission, approval,
        authorization or exemption or an application of a similar nature made
        to a former authority which has not been disposed of, it is to be
        taken to be an application to the new authority and is to be disposed
        of accordingly;

   (h)  any suspension of a licence or other permission in force immediately
        before the commencement date is to continue in force for the remainder
        of the period of suspension as if this Ordinance had not been enacted;

   (i)  documents or forms specified, prescribed, printed or duplicated for
        use in connection with any functions transferred by this Ordinance,
        including any written authorization issued by or on behalf of a
        former  authority for the performance of a function and in force
        immediately before the commencement date, may be so used despite the
        fact that they contain references to a former authority, or to a
        former department, bureau or officer and those references shall be
        construed as references to the new authority, or the new department,
        bureau or officer, as the case may require;

   (j)  any reference made before the commencement date to an enactment
        repealed or renamed under section 7 or to a former authority or person
        authorized by the former authority, in any document, form or
        instrument, including any process or other document issued, prepared
        or employed for the purpose of any proceeding before a court, tribunal
        or similar body, is to be construed as a reference to the
        corresponding enactment (if any) or new authority or authorized
        person, as the case may require;

   (k)  except where it is expressly provided otherwise, section 7 is not to
        be construed as interrupting any period of time specified in any
        enactment or a notice or any other instrument given under an enactment
        and which is current on the commencement date and the period is to run
        as if that section had not been enacted.