### Interpretation and General Clauses Ordinance 《釋義及通則條例》

41. Power to issue licences, etc. discretionary
(1) Where any Ordinance confers power upon any person to issue, grant, give or renew any licence, Government lease, authority, approval, exemption or permit, the person so empowered shall have a discretion either to issue, grant, give or renew or to refuse to issue, grant, give or renew such licence, Government lease, authority, approval, exemption or permit.
(2) Nothing in this section shall affect any right which may be conferred by any Ordinance upon any person to appeal against a refusal to issue, grant, give or renew any licence, Government lease, authority, approval, exemption or permit.
(Amended 89 of 1993 s. 20; 26 of 1998 s. 17; 29 of 1998 s. 105)

42. Power to appoint includes power to suspend, dismiss, re-appoint, etc.
Where any Ordinance confers a power or imposes a duty upon any person to make any appointment or to constitute or establish any board, tribunal, commission, committee or similar body, then the person having such power or duty shall also have the power—
(a) to remove, suspend, dismiss or revoke the appointment of, and to re-appoint or reinstate, any person appointed in exercise of such power or duty;
(b) to revoke the appointment, constitution or establishment of, or to dissolve, any board, tribunal, commission, committee or similar body appointed, constituted or established, in exercise of such power or duty, and to re-appoint, re-constitute or re-establish the same; and
(c) to specify the period for which any person appointed in exercise of such power or duty shall hold such appointment:
Provided that where the power or duty of such person so to act is only exercisable upon the recommendation, or is subject to the approval or consent, of some other person, then such power shall only be exercisable upon such recommendation or subject to such approval or consent.

### Interpretation and General Clauses Ordinance 《釋義及通則條例》

43. Delegation by specified public officers
(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)

44. Effect of delegation of powers and duties
(1) Where any Ordinance confers power upon any person to delegate the exercise on his behalf of any of the powers or the performance of any of the duties conferred or imposed upon him under any Ordinance—
(a) such delegation shall not preclude the person so delegating from exercising or performing at any time any of the powers or duties so delegated;
(b) such delegation may be conditional, qualified or limited in such manner as the person so delegating may think fit;
(c) where the delegation may be made only with the approval of some person, such delegation may be conditional, qualified or limited in such manner as the person whose approval is required may think fit;
(d) the delegation may be to a named person or to the person for the time being holding any office designated by the person so delegating; and
(e) any delegation may be amended by the person so delegating. (Added 14 of 1971 s. 2)
(2)  The delegation of any power shall be deemed to include the delegation of any duty incidental thereto or connected therewith and the delegation of any duty shall be deemed to include the delegation of any power incidental thereto or connected therewith.

### Interpretation and General Clauses Ordinance 《釋義及通則條例》

45. Exercise of powers in special cases
Where any Ordinance confers any power or imposes any duty upon the holder of any public office and either—
(a) that office has been abolished; or
(b) no person has been appointed to discharge the functions of that office,
those powers and duties may be exercised or performed—
(i) in the case of making subsidiary legislation, by the Chief Executive in Council; and
(ii) in any other case, by the holder of such other public office as the Chief Executive may by order direct.
(Amended 26 of 1998 s. 37)

46. Power to make public instruments and perform acts
Where any Ordinance confers power upon any person to make, grant, issue or approve any proclamation, order, notice, declaration, instrument, notification, licence, permit, exemption, register or list, such power shall include power—
(a) to amend or suspend such proclamation, order, notice, declaration, instrument, notification, licence, permit, exemption, register or list;
(b) to substitute another proclamation, order, notice, declaration, instrument, notification, licence, permit, exemption, register or list for one already made, granted, issued or approved;
(c) to withdraw approval of any proclamation, order, notice, declaration, instrument, notification, licence, permit, exemption, register or list so approved; and
(d) to declare the date of the coming into operation, and the period of operation, of any such proclamation, order, notice, declaration, instrument, notification, licence, permit, exemption, register or list.
(Amended 89 of 1993 s. 21)

47. Power to relate back appointment
Any appointment made under the provisions of any Ordinance may be declared to have effect as from the date upon which the person appointed in fact began to exercise the powers and perform the duties of his appointment, not being a date earlier than the commencement of the Ordinance under which the appointment is made.

47A. Power of Chief Executive to appoint advisory bodies
(1) The Chief Executive may from time to time by order published in the Gazette establish by law such advisory and other committees and bodies as he considers appropriate in the public interest and may appoint the members thereof.
(2) An order under subsection (1) may contain such provisions relating to the committee or body established by the order as the Chief Executive thinks fit, including the terms of reference of the body, the terms of office of members appointed to that body, the removal or resignation of members, the re-appointment of members, quorums for meetings and similar procedural matters.
(Added 39 of 1982 s. 3. Amended 26 of 1998 s. 37)