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

57. Filling vacancy
(1) When any Ordinance confers a power or imposes a duty upon a public officer and such public officer is unable to exercise the powers or perform the duties of his office, owing to absence or inability to act from illness or any other cause, the Chief Executive may, by notice in the Gazette, direct that such power shall be had and may be exercised and such duty shall be performed by a public officer named by, or by a public officer holding the office designated by, the Chief Executive, subject to such conditions, exceptions and qualifications as the Chief Executive may direct.
(2) Any direction by the Chief Executive under subsection (1) may be given—
(a) in anticipation of any absence or inability occurring; or
(b) subsequently thereto and may relate back to the commencement of such absence or inability.
(3) Where any Ordinance confers powers or imposes duties upon a public officer and a new post is subsequently created in the same or another Government department, the Chief Executive may, by notice in the Gazette, direct that the said powers and duties or any of them shall be exercised by any holder of the new post so created, either to the exclusion of or in addition to the first named public officer or otherwise.
(Amended 26 of 1998 s. 37)

58. Power to appoint while holder on retirement leave
(1) Where the holder of any public office is on leave of absence pending the relinquishment by him of such office, another person may be appointed to the same public office.
(2) Where 2 or more persons are holding the same public office by reason of an appointment made in accordance with subsection (1), then, for the purposes of any Ordinance and in respect of any power conferred or duty imposed upon the holder of such office, the person last appointed to the office shall be deemed to be the holder thereof. (Amended L.N. 46 of 1991)

59. Contracts by public officer
In any contract or other document, signed, executed or made by the Chief Executive or by any public officer on behalf of the Chief Executive or the Government or of any Government department, it shall not be necessary to name the Chief Executive or such public officer, but it shall be sufficient to name the office held by the Chief Executive or such public officer, and the Chief Executive or public officer shall be deemed to be a party thereto as if the Chief Executive or such public officer were a corporation sole with perpetual succession for this purpose.
(Amended 26 of 1998 s. 37)

60. (Repealed 26 of 1998 s. 19)(Adaptation amendments retroactively made - see 26 of 1998 s. 19)

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

61. Omission of title after signature of public officer immaterial
The omission to add the title of the public office held by the Chief Executive or any public officer signing or executing any contract or other document after the signature of such officer shall not exclude such contract or other document from the operation of section 59.
(Amended 26 of 1998 ss. 20 & 37)

62. Signification of orders of Chief Executive and Chief Executive in Council
(1) Where any Ordinance confers a power or imposes a duty upon the Chief Executive or the Chief Executive in Council to make any subsidiary legislation or appointment, give any directions, issue any order, authorize any thing or matter to be done, grant any exemption, remit any fee or penalty, or exercise any other power or perform any other duty, the exercise of such power or the performance of such duty may be signified—
(a) in the case of the Chief Executive, under the hand of any public officer specified in Schedule 6; (Amended 36 of 1972 s. 3)
(b) in the case of the Chief Executive in Council, under the hand of the Clerk to the Executive Council. (Amended 14 of 1994 s. 24)
(2) Notwithstanding the provisions of subsection (1), proclamations shall be made or issued only under the hand of the Chief Executive in Council.
(3) The Chief Executive in Council may, by order published in the Gazette, amend Schedule 6. (Added 36 of 1972 s. 3)
(Amended 26 of 1998 s. 37)

63. Delegation by Chief Executive
(1) Where any Ordinance confers powers or imposes duties upon the Chief Executive, he may delegate any person by name or the person 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 the Chief Executive, the person so delegated shall have and may exercise such powers and perform such duties.
(2) Nothing in subsection (1) shall authorize the Chief Executive to delegate any person to make subsidiary legislation, issue proclamations or to determine any appeal. (Replaced 26 of 1998 s. 22)
(3) Where any Ordinance confers powers or imposes duties upon the Chief Executive and such power is exercised or such duty is performed by any public officer, the Chief Executive shall, unless the contrary is proved, be deemed to have delegated such public officer under subsection (1) to exercise the power or perform the duty.
(Amended 26 of 1998 s. 37)

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

64. Appeals and objections to Chief Executive in Council
(1) Where any Ordinance confers upon any person a right of appeal or objection to the Chief Executive in Council, such appeal or objection shall be governed by rules made in accordance with subsection (2). (Replaced 54 of 1969 s. 5)
(2) The Chief Executive in Council may make rules governing the procedure to be followed in appeals or objections to the Chief Executive in Council. (Replaced 54 of 1969 s. 5)
(3) The conferring by any Ordinance of a right of appeal or objection to the Chief Executive in Council shall not prevent any person from applying to the High Court for an order of mandamus, certiorari, prohibition, injunction or any other order, instead of appealing or making an objection to the Chief Executive in Council, where an application for such an order would lie, but no proceedings by way of mandamus, certiorari, prohibition, injunction or other order shall be taken against the Chief Executive in Council in respect of any such appeal or objection to the Chief Executive in Council or any proceedings connected therewith. (Amended 54 of 1969 s. 5; 26 of 1998 s. 23)
(4) The Chief Executive in Council, when considering any appeal or objection to him (whether by way of petition or otherwise, and whether such appeal or objection is made by virtue of any Ordinance or otherwise) shall act in an administrative or executive capacity and not in a judicial or quasi-judicial capacity and shall be entitled to consider and take into account any evidence, material, information or advice in his absolute discretion. (Amended 54 of 1969 s. 5)
(5) The Chief Executive in Council, when considering any appeal or objection to him (whether by way of petition or otherwise and whether such appeal or objection is made by virtue of any Ordinance or otherwise) against any decision of any person, public officer or public body, may confirm, vary or reverse such decision or substitute therefor such other decision or make such other order as the Chief Executive in Council may think fit. (Amended 54 of 1969 s. 5)
(Amended 26 of 1998 s. 37)

65. (Repealed 26 of 1998 s. 24)(Adaptation amendments retroactively made - see 26 of 1998 s. 24)