Cap. 1activeordinance

Interpretation and General Clauses Ordinance

釋義及通則條例

Full legislation

s.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
)
is—
(i)
subsidiary legislation to which
section 35
applies or to
                        which
section 34
does not apply; or
(ii)
subsidiary legislation of which a draft was required to be laid on the
                        table of the Legislative Council,
then such 1 or more of the following provisions as are appropriate in the
                particular circumstances shall
operate—
(i)
section 35
shall apply to subsidiary legislation made or issued
                    in exercise of the power which amends the primary instrument;
(ii)
section 34
shall not apply to such subsidiary
                    legislation;
(iii)
the enactment requiring or otherwise relevant to so laying the primary
                    instrument shall also apply to subsidiary legislation which is so made or issued
                    and amends that instrument.