Cap. 1activeordinance

Interpretation and General Clauses Ordinance

釋義及通則條例

Full legislation

s.43

Delegation by specified public officers

(1)
Where any Ordinance confers powers or imposes duties upon a specified public
                officer, such public officer may delegate any other public officer or the person for
                the time being holding any office designated by him to exercise such powers or
                perform such duties on his behalf, and thereupon, or from the date specified by such
                specified public officer, the person delegated shall have and may exercise such
                powers and perform such duties.
(2)
Nothing in subsection (1) shall authorize a specified public officer to
                delegate any person to make subsidiary legislation or to hear any appeal.
(3)
Where any Ordinance confers any power or imposes any duty upon a specified
                public officer and such power is exercised or such duty is performed by any other
                public officer, the specified public officer shall, unless the contrary is proved,
                be deemed to have delegated the latter public officer under subsection (1) to
                exercise the power or perform the duty.
(4)
In this section
specified
                    public
                officer
(
指明的公職人員
) means the person for the time being
                holding any public office which has been specified, either generally or for the
                purposes of any particular Ordinance, under this section by the Chief Executive in
                Council by notice in the Gazette.
(Amended
26 of 1998 s. 37
)