Cap. 1activeordinance

Interpretation and General Clauses Ordinance

釋義及通則條例

Full legislation

s.2A

Laws previously in force

(1)
All laws previously in force shall be construed with such modifications,
                adaptations, limitations and exceptions as may be necessary so as not to contravene
                the Basic Law and to bring them into conformity with the status of Hong Kong as a
                Special Administrative Region of the People’s Republic of China.
(2)
Without prejudice to the generality of subsection (1), in any
Ordinance—
(a)
provisions relating to foreign affairs in respect of the Hong Kong Special
                    Administrative Region which are inconsistent with any national law applied in
                    the Hong Kong Special Administrative Region shall be construed subject to that
                    national law and shall be so construed as to be consistent with the
                    international rights and obligations of the Central People’s Government of the
                    People’s Republic of China;
(b)
provisions conferring privileges on the United Kingdom or other
                    Commonwealth countries or territories, other than provisions giving effect to
                    reciprocal arrangements between Hong Kong and the United Kingdom or other
                    Commonwealth countries or territories shall have no further effect;
(c)
provisions relating to the rights, exemptions and obligations of military
                    forces stationed in Hong Kong by the United Kingdom shall, subject to the
                    provisions of the Basic Law and the Law of the People’s Republic of China on the
                    Garrisoning of the Hong Kong Special Administrative Region in
Schedule
                        2
to the Promulgation of National Laws (No. 2) 1997
                        (
L.N. 386 of
                    1997
),
                    continue to have effect and apply to the military forces stationed in the Hong
                    Kong Special Administrative Region by the Central People’s Government of the
                    People’s Republic of China;
(Amended
2 of 2012 s. 4
)
(d)
provisions relating to the superior legal status of the English language as
                    compared with the Chinese language shall be construed as providing that both the
                    English and Chinese languages are to be official languages; and
(e)
provisions applying any English law may continue to be applicable by
                    reference thereto as a transitional arrangement pending their amendment by the
                    Hong Kong Special Administrative Region through the Legislature thereof,
                    provided that they are not prejudicial to the sovereignty of the People’s
                    Republic of China and do not contravene the provisions of the Basic
                    Law.
(3)
In all laws previously in force words and expressions listed in
Schedule
                    8
shall be construed according to that
Schedule
.
(4)
In this
section—
laws
                    previously in
                force
(
原有法律
) means the common law, rules of equity,
                Ordinances, subsidiary legislation and customary law in force immediately before 1
                July 1997 and adopted as laws of the Hong Kong Special Administrative Region.