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

21. Invalidation
(1) Where an Ordinance is returned pursuant to Article 17 of the Basic Law, the invalidation of the Ordinance shall as soon as possible be notified by the Chief Executive by notice in the Gazette.
(2) Where an Ordinance is invalidated as referred to in subsection (1), the provisions of section 23 shall apply as if the Ordinance had been repealed.
(3) An Ordinance repealed or amended by an Ordinance which is invalidated as referred to in subsection (1) shall revive and continue in force in its original form. (Amended L.N. 46 of 1991)
(Replaced 26 of 1998 s. 12)

23. Effect of repeal generally
Where an Ordinance repeals in whole or in part any other Ordinance, the repeal shall not—
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of any Ordinance so repealed or anything duly done or suffered under any Ordinance so repealed;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any Ordinance so repealed;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any Ordinance so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Ordinance had not been passed.

24. Repealed Ordinance not revived
Where any Ordinance repealing in whole or in part any former Ordinance is itself repealed, such last repeal shall not revive the Ordinance or provision previously repealed, unless provision is made to that effect.

25. Repeal and substitution
Where any Ordinance repeals in whole or in part any other Ordinance and substitutes other provisions therefor, the repealed Ordinance shall remain in force until the substituted provisions come into operation.

27. Effect of expiry, etc. of Ordinance
Where an Ordinance—
(a) expires or lapses;
(b) has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; or
(c) is discovered to be in contravention of the Basic Law and, as specified in Article 160 of the Basic Law, ceases to have force in accordance with the procedure prescribed by the Basic Law,
the provisions of section 23 shall apply as if the Ordinance had been repealed.
(Replaced 26 of 1998 s. 13)

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

28A. Construction of power to make subsidiary legislation
Where an Ordinance that applies in Hong Kong and in the Shenzhen Bay Port Hong Kong Port Area confers power on a person to make subsidiary legislation, the power shall be construed as including—
(a) a power to declare that the subsidiary legislation does not apply in the Shenzhen Bay Port Hong Kong Port Area; and 
(b) a power to make different provisions with reference to Hong Kong and the Shenzhen Bay Port Hong Kong Port Area respectively.
(Added 4 of 2007 s. 17)

29. Fees and charges
(1A)  Where an Ordinance confers a power on a person to make subsidiary legislation, the subsidiary legislation may impose a fee or charge for anything in it or the Ordinance. (Added 89 of 1993 s. 12)
(1) Where provision is made by any subsidiary legislation in respect of fees or other charges, such subsidiary legislation may provide for all or any of the following matters—
(a) specific fees or charges;
(b) maximum or minimum fees or charges;
(c) maximum and minimum fees or charges;
(d) the payment of fees or charges either generally or under specified conditions or in specified circumstances;
(e) the exemption of any person or class of persons from the payment of fees or charges; and
(f) the reduction, waiver or refund, in whole or in part, of any such fees or charges, either upon the happening of a certain event or in the discretion of a specified person.
(2) Where any reduction, waiver or refund, in whole or in part, of any fee or charge is provided for by any subsidiary legislation, such reduction, waiver or refund may be expressed to apply or be applicable either generally or specially—
(a) in respect of certain matters or transactions or classes of matters or transactions;
(b) in respect of certain documents or classes of documents;
(c) in respect of the occurrence or the termination of any event;
(d) in respect of certain persons or classes of persons; or
(e) in respect of any combination of such matters, transactions, documents, events or persons,
and may be expressed to apply or be applicable subject to such conditions as may be specified in the subsidiary legislation or in the discretion of any person specified therein.

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

29A. Variation of certain fees and charges
(1) Where the amount of any fee or charge is for the time being specified in, or otherwise fixed or determined by, subsidiary legislation made by the Chief Executive in Council, subject to subsection (2), the Financial Secretary may by similar subsidiary legislation increase or decrease, or otherwise vary, the amount of the fee or charge.
(2) (a) The Chief Executive in Council may by a direction in writing direct the Financial Secretary to exercise, as regards fees or charges specified in the direction, a power conferred on him by subsection (1) either—
(i) only with the prior approval of the Chief Executive in Council; or
(ii) so as not to exceed limits specified in the direction; or
(iii) only in some other manner so specified.
(b) For so long as a direction under this subsection is in force the Financial Secretary shall comply with it.
(3) The powers conferred by subsection (1) are in addition to, and are not in substitution for, any power exercisable by the Chief Executive in Council in relation to fees or charges.
(4) Where—
(a) a power under subsection (1) is exercisable; and
(b) the subsidiary legislation by which the relevant fee or charge was specified, fixed or otherwise determined (the primary instrument

31. Construction of subsidiary legislation
(1) Where any Ordinance confers power to make any subsidiary legislation, expressions used in the subsidiary legislation shall have the same meaning as in the Ordinance conferring the power, and any reference in such subsidiary legislation to “the Ordinance” shall be construed as a reference to the Ordinance conferring the power to make such subsidiary legislation. (Amended 89 of 1993 s. 14)
(2) Where in subsidiary legislation there is a reference to a section or other provision by number, letter or combination of number and letter, and not in conjunction with the title or short title of other subsidiary legislation or an Ordinance, the reference shall be construed as a reference to the section or other provision of that number, letter or combination in the subsidiary legislation in which the reference occurs. (Added 89 of 1993 s. 14)
(3) Where in subsidiary legislation there is a reference to a subsection or other subdivision of a provision by number, letter or combination of number and letter, and not in conjunction with the number of any other section or provision of that subsidiary legislation or any other subsidiary legislation, the reference shall be construed as a reference to the subsection or other subdivision of a provision of that number, letter or combination in the section or other provision in which the reference occurs. (Added 89 of 1993 s. 14)

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

32. Exercise of statutory powers between enactment and commencement of Ordinance
(1) Where an Ordinance is to come into operation on a day other than the day of its publication in the Gazette, a power to do anything under the Ordinance may be exercised at any time after its publication in the Gazette.
(2) An exercise of a power under subsection (1) is not effective until the provision in the Ordinance to which it relates comes into operation unless the exercise of the power is necessary to bring the Ordinance into operation.
(Replaced 89 of 1993 s. 15)