Hong Kong Ordinances

PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 9

Saving of subsidiary legislation, fees, etc.

(1) Where this Ordinance operates to-

   (a)  transfer the power to make subsidiary legislation on any matter; or

   (b)  substitute a new provision for a provision under which subsidiary
        legislation may be made, subsidiary legislation (including an
        enactment replaced under section  7 (3)) made or deemed to be made by
        the former authority in the exercise of that power or under that
        provision and in force immediately before the commencement date
        continues to be in force subject to the amendments made by this
        Ordinance (if a new title is given by this Ordinance to the subsidiary
        legislation, by that title), and to the extent that it is consistent
        with this Ordinance, as if made by the new authority in the exercise
        of the power conferred on the new authority to make subsidiary
        legislation on that matter or under that new provision, as the case
        may be, and may be amended, repealed or replaced by the new authority
        or under that new provision.

(2) Where this Ordinance-

   (a)  operates to transfer the power to determine or prescribe fees or
        charges (by way of subsidiary legislation or otherwise) for any
        matter; or

   (b)  substitutes a new provision for a provision under which the fees or
        charges in force immediately before the commencement date were
        determined or prescribed, the fees or charges in force immediately
        before that date continue to be in force as if-

        (i)    made by the new authority in the exercise of the power
               conferred on that authority; or

        (ii)   made under that new provision, and may be varied, amended,
               revoked or replaced by the new authority or under that new
               provision.

(3) For the avoidance of doubt it is stated that the validity of a fee or
charge continued in force under subsection (2) as a prescribed fee is not
affected by it not being in the required form, until it is varied, amended or
replaced by the new authority or under the new provision referred to in that
subsection.