Cap. 1activeordinance

Interpretation and General Clauses Ordinance

釋義及通則條例

Full legislation

s.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
)