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

34. Placing of subsidiary legislation before Legislative Council
(1) All subsidiary legislation shall be laid on the table of the Legislative Council at the next sitting thereof after the publication in the Gazette of that subsidiary legislation.
(2) Where subsidiary legislation has been laid on the table of the Legislative Council under subsection (1), the Legislative Council may, by resolution passed at a sitting of the Legislative Council held not later than 28 days after the sitting at which it was so laid, provide that such subsidiary legislation shall be amended in any manner whatsoever consistent with the power to make such subsidiary legislation, and if any such resolution is so passed the subsidiary legislation shall, without prejudice to anything done thereunder, be deemed to be amended as from the date of publication in the Gazette of such resolution.
(3) If the period referred to in subsection (2) would but for this subsection expire—
(a) after the last sitting before the end of a session or dissolution of the Legislative Council; but (Replaced 89 of 1993 s. 17)
(b) on or before the day of the second sitting of the Legislative Council in the next session, (Replaced 89 of 1993 s. 17)
that period shall be deemed to extend to and expire on the day after that second sitting.
(4) Before the expiry of the period referred to in subsection (2) or that period as extended by virtue of subsection (3), the Legislative Council may by resolution in relation to any subsidiary legislation specified therein—
(a) in the case of the period referred to in subsection (2), extend that period to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of its expiry;
(b) in the case where the period referred to in subsection (2) has been extended by virtue of subsection (3), extend that period as so extended to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of the second sitting in that next session. (Replaced 8 of 2002 s. 2)
(5) Any resolution passed by the Legislative Council in accordance with this section shall be published in the Gazette not later than 14 days after the passing thereof or within such further period as the Chief Executive may allow in any particular case. (Amended 26 of 1998 s. 37)
(6) In this section—
sitting (會議), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included on the order paper;
subsidiary legislation (附屬法例) does not include a resolution of the Legislative Council. (Replaced 89 of 1993 s. 17)
(Replaced 39 of 1986 s. 2)

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

35. Approval of Legislative Council to subsidiary legislation
Where any Ordinance provides that subsidiary legislation shall be subject to the approval of the Legislative Council or of any other authority, or contains words to the like effect, then—
(a) the subsidiary legislation shall be submitted for the approval of the Legislative Council or other authority; and
(b) the Legislative Council may by resolution or the other authority may by order amend the whole or any part of the subsidiary legislation.

36. Effect of repeal on subsidiary legislation
(1) Where any Ordinance—
(a) repeals in whole or in part any former Ordinance and substitutes other provisions therefor; or
(b) repeals in whole or in part any former Ordinance and re-enacts such former Ordinance with or without modification, (Amended 26 of 1998 s. 14)
any subsidiary legislation made under the former Ordinance and in force at the commencement of the repealing Ordinance shall, so far as it is not inconsistent with the repealing Ordinance, continue in force and have the like effect for all purposes as if made under the repealing Ordinance.
(2) Where any subsidiary legislation is continued in force by virtue of subsection (1), such subsidiary legislation may be from time to time amended as if it had been made under the repealing Ordinance.

37. Forms
(1) Where any form is prescribed by or under any Ordinance, deviations therefrom, not affecting the substance of such form, shall not invalidate it.
(2) Where a form is prescribed in any Ordinance in both official languages and the text in one official language is combined in a particular manner with, or is set out separately from, the text in the other official language, the form may be printed and used—
(a) with the texts combined in any manner; or
(b) in either official language. (Added 18 of 1987 s. 5)

37A. Amendment of subsidiary legislation by Ordinance
The amendment of subsidiary legislation by an Ordinance does not prevent, and has never prevented, a person on whom power is conferred by an Ordinance (as defined in section 3) to make that subsidiary legislation (and whether or not the person made the subsidiary legislation) from amending that subsidiary legislation.
(Added 26 of 1998 s. 15)

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

38. Presumption of lawful exercise of power
Where any Ordinance confers power upon any person to—
(a) make any subsidiary legislation;
(b) make any instrument; or
(c) exercise any power,
and the Ordinance conferring the power prescribes conditions, subject to the observance, performance or existence of which any such power may be exercised, such conditions shall be presumed to have been duly fulfilled if in the subsidiary legislation, the instrument or the document evidencing the exercise of the power there is a statement that the subsidiary legislation or instrument is made, or the power exercised, in exercise of, or in pursuance of, the power conferred by such Ordinance, or a statement to the like effect.
(Amended 89 of 1993 s. 18)

39. Exercise of powers
(1) Where any Ordinance confers any power or imposes any duty, then the power may be exercised and the duty shall be performed from time to time as occasion requires.
(2) Where any Ordinance confers any power or imposes any duty on the holder of any public office as such, then the power may be exercised and the duty shall be performed by the holder for the time being of that public office.

40. Construction of enabling words
(1) Where any Ordinance confers upon any person power to do or enforce the doing of any act or thing, all such powers shall be deemed to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
(2) Without prejudice to the generality of subsection (1), where any Ordinance confers power—
(a) to provide for, prohibit, control or regulate any matter, such power shall include power to provide for the same by the licensing thereof and power to prohibit acts whereby the prohibition, control or regulation of such matter might be evaded;
(b) to grant a licence, Government lease, permit, authority, approval or exemption, such power shall include power to impose reasonable conditions subject to which such licence, Government lease, permit, authority, approval or exemption may be granted; (Amended 26 of 1998 s. 16; 29 of 1998 s. 105)
(c) to approve any person or thing, such power shall include power to withdraw approval thereof;
(d) to give directions, such power shall include power to couch the same in the form of prohibitions.
(3)-(4) (Repealed 89 of 1993 s. 19)