Hong Kong Ordinances

SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 11

Limitations on operation of section 5(2) in relation to future rights and obligations

PART 4

FUTURE RIGHTS, OBLIGATIONS, DOCUMENTS AND COURT ORDERS

(1) If a future right or obligation—

   (a)  permits, or requires, a person to do an act in Hong Kong, and the
        permission or requirement does not encompass the Hong Kong Port Area;
        or

   (b)  permits, or requires, a person not to do an act in Hong Kong, and the
        permission or requirement does not encompass the Hong Kong Port Area,
        then, in any proceedings (whether civil, criminal or otherwise), no
        person is entitled to contend that section 5(2) has the effect of
        extending the territorial limit of the right or obligation to include
        the Hong Kong Port Area.

(2) For the avoidance of doubt, if a person—

   (a)  is permitted, or is required, to do an act in Hong Kong and in the
        Hong Kong Port Area; or

   (b)  is permitted, or is required, not to do an act in Hong Kong and not to
        do it in the Hong Kong Port Area, and the terms of the permission or
        requirement (as may be applicable) show a difference between—

   (c)  the legal consequences arising from the performance, or
        non-performance, of such an act in Hong Kong; and

   (d)  the legal consequences arising from the performance, or
        non-performance, of such an act in the Hong Kong Port Area, then, for
        the purposes of subsection (1), the permission, or requirement, is
        treated as comprising 2 separate rights or obligations on the basis of
        the difference.