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### Interpretation and General Clauses Ordinance 《釋義及通則條例》
89. Miscellaneous
(1) The costs of any application under this Part and of anything done or to be done in pursuance of an order made under it shall be at the discretion of the judge.
(2) For the avoidance of doubt, it is declared that nothing in this Part shall be construed as requiring a judge to make an order under this Part where he considers that, in all the circumstances of the case, it would not be in the public interest to make that order.
(3) Unless a judge otherwise directs, proceedings inter partes under this Part shall be held in open court.
(4) Rules of court may provide for the practice and procedure applying to proceedings under this Part.
(Added 88 of 1995 s. 2)
90. Amendment of Schedule 7
The Chief Executive in Council may, by order published in the Gazette, amend the persons specified in Schedule 7 to be directorate disciplined officers.
(Added 88 of 1995 s. 2. Amended 26 of 1998 s. 37)
98. Copies of Ordinances, etc. in Gazette
(1) A copy of an Ordinance shall, if published in the Gazette, be deemed to be an authentic copy of that Ordinance as at the date of such publication. (Amended 51 of 1990 s. 4)
(2) A copy of any other instrument shall, if published in the Gazette or purporting to be printed by the Government Printer, on its production be admitted as prima facie evidence thereof in all courts and for all purposes whatsoever without any further proof.
(Replaced 2 of 1975 s. 5)
100A. Power to increase fines
(1) The Legislative Council may, by resolution, amend an Ordinance so as to increase—
(a) the amount of a fine specified in the Ordinance; and
(b) the amount of a fine specified in the Ordinance as an amount that may be prescribed in subsidiary legislation made under the Ordinance. (Replaced 58 of 1994 s. 5)
(1A) The increase under subsection (1) may be expressed as an amount of money or as a level in Schedule 8 to the Criminal Procedure Ordinance (Cap. 221). (Added 58 of 1994 s. 5)
(2) A resolution under this section may contain such incidental, consequential and supplemental provisions as may be necessary or expedient for the purpose of giving full effect to the resolution.
(Added 23 of 1981 s. 3)Editorial Note:
This provision previously appeared in s. 88A. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 100A.
### Interpretation and General Clauses Ordinance 《釋義及通則條例》
101. Amendment of Schedules
The Chief Executive in Council may from time to time, by notice in the Gazette, amend all or any of the Schedules (except Schedules 1 and 9).
(Amended 26 of 1998 ss. 35 & 37)
102. Amendment of Schedules 1 and 9
The Secretary for Justice may, by notice in the Gazette, amend Schedule 1 or repeal any of the provisions of Schedule 9.
(Added 26 of 1998 s. 36)
| 775 |
### Travel Industry Ordinance 《旅遊業條例》
164. Publication of advertisements
(1) In this section—
publish (發布) includes issue, circulate, display, distribute and broadcast.
(2) A person commits an offence if the person—
(a) publishes, or causes to be published, an advertisement (in whatever form) relating to the provision of a travel service by the person or another person who—
(i) under this Ordinance, is required to hold a travel agent licence; but
(ii) is not a licensed travel agent; and
(b) knows that the person or the other person is not a licensed travel agent, or is reckless as to whether the person or the other person is a licensed travel agent.
(3) A person commits an offence if the person—
(a) publishes, or causes to be published, an advertisement (in whatever form) that—
(i) relates to the provision of a travel service by a licensed travel agent; but
(ii) does not clearly state the number of the travel agent’s licence; and
(b) knows that the advertisement does not clearly state the number of a licensed travel agent’s licence, or is reckless as to whether the advertisement clearly states the number of a licensed travel agent’s licence.
(4) A person who commits an offence under subsection (2) or (3) is liable on conviction to a fine at level 1.
165. Liability of officers, partners, etc.
(1) If a company commits an offence under this Ordinance, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (2); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(2) The person referred to in subsection (1) is—
(a) a director, manager, company secretary or controller of the company; or
(b) a person purporting to act in the capacity of a person referred to in paragraph (a).
(3) If a firm commits an offence under this Ordinance, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (4); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(4) The person referred to in subsection (3) is—
(a) a partner in the firm;
(b) a person concerned in the management of the firm; or
(c) a person purporting to act in the capacity of a person referred to in paragraph (a) or (b).
### Travel Industry Ordinance 《旅遊業條例》
166. Service of notices or summonses
(1) A notice or summons required to be served on a licensee under this Ordinance is to be regarded as duly served if—
(a) it is delivered to the licensee personally; or
(b) it is—
(i) left at, or sent by post to, the licensee’s correspondence address; and
(ii) sent by electronic means to the licensee’s electronic mail address.
(2) A notice or summons required to be served on a person other than a licensee under this Ordinance is to be regarded as duly served if—
(a) it is delivered to the person personally; or
(b) it is—
(i) left at, or sent by post to, the person’s last known address (if available); and
(ii) sent by electronic means to the person’s last known electronic mail address (if available).
167. Paid fees not refundable
Fees paid under this Ordinance are not refundable.
168. Recovery of financial penalty etc.
The following are recoverable as a civil debt—
(a) a registration fee required by section 32;
(b) a financial penalty imposed under section 98(2)(b), 106(2), 107(1)(c) or 131(2);
(c) any costs and expenses ordered to be paid under section 107(5) or 127(6);
(d) a levy required by section 146 or 147.
169. Amendment of Schedules
The Secretary may, by notice published in the Gazette, amend Schedules 1, 2, 3, 4, 5, 6, 7, 8 and 9.
170. Savings and transitional provisions
The savings and transitional provisions specified in Schedule 10 have effect.
### Travel Industry Ordinance 《旅遊業條例》
171. (Omitted as spent—E.R. 5 of 2022)
### Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance 《廣深港高鐵(一地兩檢)條例》
1. Short title
(Amended E.R. 5 of 2018)(1) This Ordinance may be cited as the Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance.
(2) (Omitted as spent—E.R. 5 of 2018) | 1,099 |
### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》
92. Offences relating to section 91
(1) A person commits an offence if the person, without reasonable excuse, fails to comply with a specified requirement imposed on the person.
(2) A person commits an offence if the person, with intent to defraud, fails to comply with a specified requirement imposed on the person.
(3) A person commits an offence if—
(a) in purported compliance with a specified requirement imposed on the person, the person produces any record or document, or gives an answer or response, or gives any explanation or particulars, that are false or misleading in a material respect; and
(b) the person knows that, or is reckless as to whether, the record or document, or the answer or response, or the explanation or particulars, are false or misleading in a material respect.
(4) A person commits an offence if, in purported compliance with a specified requirement imposed on the person, the person, with intent to defraud, produces any record or document, or gives an answer or response, or gives any explanation or particulars, that are false or misleading in a material respect.
(5) A person commits an offence if, being an officer or employee of a corporation, the person, with intent to defraud—
(a) causes or allows the corporation to fail to comply with a specified requirement imposed on the corporation; or
(b) causes or allows the corporation, in purported compliance with a specified requirement imposed on the corporation, to produce any record or document, or give an answer or response, or give any explanation or particulars, that are false or misleading in a material respect.
(6) A person is not excused from complying with a specified requirement imposed on the person only on the ground that to do so might tend to incriminate the person.
(7) A person who commits an offence under subsection (1) is liable to a fine of $500,000 and to imprisonment for 6 months.
(8) A person who commits an offence under subsection (2), (3), (4) or (5) is liable—
(a) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 7 years; or
(b) on summary conviction to a fine of $1,000,000 and to imprisonment for 3 years.
(9) In this section—
specified requirement (指明要求) means a requirement imposed under section 91.
### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》
93. Confidentiality of matter or information obtained in investigation
(1) Except in the performance of any function under this Ordinance, the Authority or a public officer appointed under section 86(1)(b) must maintain confidentiality in respect of any matter or information produced or given for the purpose of an investigation under section 91.
(2) Subsection (1) does not prevent—
(a) the disclosure of information that has already been made available to the public;
(b) the disclosure of information for the purpose of any criminal proceedings in Hong Kong or an investigation conducted with a view to bringing any such proceedings;
(c) the disclosure of information in connection with any judicial or other proceedings to which the Authority is a party; or
(d) the disclosure of information in accordance with an order of a court, magistrate or tribunal, or in accordance with a law or a requirement made under a law.
94. Use of incriminating evidence in proceedings
(1) If the Authority, or a public officer appointed under section 86(1)(b), requires a person to give an answer or response to any question, or to give an explanation or further particulars, under section 91, the Authority or officer must ensure that the person has first been informed or reminded of the limitations imposed by subsection (2) on the admissibility in evidence of—
(a) the requirement; and
(b) the question and the answer or response, or the explanation or particulars.
(2) Despite anything in this Part, if—
(a) the Authority, or a public officer appointed under section 86(1)(b), requires a person to give an answer or response to any question, or to give an explanation or further particulars, under section 91; and
(b) the answer or response, or the explanation or particulars, might tend to incriminate the person, and the person so claims before giving the answer or response or giving the explanation or particulars,
the requirement, as well as the question and the answer or response, or the explanation or particulars, are not admissible in evidence against the person in criminal proceedings in a court of law other than those specified in subsection (3).
(3) The criminal proceedings are those in which the person is charged with an offence under section 92(1), (2), (3), (4) or (5), or under Part V of the Crimes Ordinance (Cap. 200), or for perjury, in respect of the answer or response, or the explanation or particulars.
### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》
95. Amendment of Schedules
The Secretary may, by notice published in the Gazette, amend Schedule 1, 2, 3, 4, 5, 6, 7 or 8.
| 1,148 |
### Trade Marks Ordinance 《商標條例》
96L. Immunity from civil liability
(1) Neither the Commissioner nor an enforcement officer is civilly liable for an act done or omitted to be done by him or her in good faith in—
(a) performing or purportedly performing a function conferred on him or her by this Part; or
(b) exercising or purportedly exercising a power conferred on him or her by this Part.
(2) Subsection (1) does not affect any liability of the Government for the act or omission.
97. Transitional matters, etc.
(1) Schedule 5 (transitional matters) has effect as respects transitional matters.
(2) The Chief Executive in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Ordinance.
(3) Without prejudice to the generality of subsection (2), the regulations may in particular provide for—
(a) the application of provisions of this Ordinance or the rules made under this Ordinance; or
(b) the continued application of provisions of the repealed Trade Marks Ordinance (Cap. 43) or the repealed Trade Marks Rules (Cap. 43 sub. leg. A), (Amended E.R. 7 of 2020)
in connection with any matter specified in the regulations.
(4) Regulations made under this section may, if they so provide, be deemed to have come into operation on a date earlier than the date on which they are published in the Gazette but not earlier than the date on which Schedule 5 (transitional matters) comes into operation.
(5) To the extent that any regulations come into operation on a date earlier than the date on which they are published in the Gazette, those regulations shall be construed so as not to—
(a) affect, in a manner prejudicial to any person, the rights of that person existing before the date on which the regulations are published in the Gazette; or
(b) impose liabilities on any person in respect of anything done, or omitted to be done, before that date.
(6) In the event of an inconsistency between any regulations made under this section and the provisions of Schedule 5, the latter shall prevail to the extent of the inconsistency.
### Trade Marks Ordinance 《商標條例》
100. Transitional and savings provisions for Trade Marks (Amendment) Ordinance 2020
Schedule 7 sets out transitional and savings provisions that have effect for the purposes of the amendments made to this Ordinance by the Trade Marks (Amendment) Ordinance 2020 (3 of 2020).
(Added 3 of 2020 s. 16)
### International Organizations (Privileges and Immunities) Ordinance 《國際組織(特權及豁免權)條例》
1. Short title and commencement
(1) This Ordinance may be cited as the International Organizations (Privileges and Immunities) Ordinance.
(2) This Ordinance shall come into operation on a day to be appointed by the Chief Secretary for Administration by notice in the Gazette.
2. Interpretation
In this Ordinance, unless the context otherwise requires—
international agreement (國際協議) means any agreement in writing or that agreement as amended from time to time, whether contained in one or more documents and by whatever name called, which has effect in international law and—
(a) to which Hong Kong is a party; or
(b) which is applied to Hong Kong by the Central People’s Government of the People’s Republic of China;
international organization (國際組織) means an organization in relation to which there is an international agreement providing for it or for persons connected with it or both to enjoy privileges and immunities in Hong Kong.
3. Provisions of certain agreements or arrangements to have force of law
(Amended 14 of 2022 s. 4)The Chief Executive in Council may—
(a) by order published in the Gazette, declare that the provisions of—
(i) an international agreement relating to the status, privileges and immunities of an international organization and of persons connected with such an organization; or
(ii) an arrangement in writing that is entered into between the Ministry of Foreign Affairs and the Government of the Hong Kong Special Administrative Region relating to the status, privileges and immunities of a body concerned in the establishment of an international organization and of persons connected with such a body,
that are specified in the order have the force of law in Hong Kong; and (Replaced 14 of 2022 s. 4)
(b) in such order make such provisions as the Chief Executive in Council may consider necessary for carrying into effect the provisions of any such agreement or arrangement in connection with such privileges and immunities. (Amended 14 of 2022 s. 4)
4. Evidence
(1) Where a question arises as to whether or not a person is entitled to a privilege or immunity under an order made under section 3, a certificate issued by the Chief Secretary for Administration stating a fact relevant to that question is, subject to subsection (2), conclusive evidence of that fact.
(2) Where there is any conflict or inconsistency as respects a question of fact between—
(a) a certificate issued under subsection (1); and
(b) a certificate obtained under the third paragraph of Article 19 of the Basic Law,
then the second-mentioned certificate shall, to the extent of that conflict or inconsistency, as the case may be, prevail over the certificate issued under subsection (1).
| 1,161 |
### Pharmacy and Poisons Regulations 《藥劑業及毒藥規例》
42. (Omitted as spent—E.R. 3 of 2015)
### Pharmacy and Poisons (Pharmacy and Poisons Appeal Tribunal) Regulations 《藥劑業及毒藥(藥劑業及毒藥上訴審裁處)規例》
1. Citation
These regulations may be cited as the Pharmacy and Poisons (Pharmacy and Poisons Appeal Tribunal) Regulations.
2. Interpretation
In these regulations, unless the context otherwise requires—
appeal (上訴) means an appeal to the Tribunal under section 30 of the Ordinance;
chairman (主席) means the member of the Tribunal appointed under section 30(2)(a)(i), or for the time being designated to act as chairman under section 30(6), of the Ordinance;
Director (署長) means the Director of Health or his authorized representative; (L.N. 76 of 1989)
parties (雙方當事人), in relation to an appeal, means the appellant and the Director;
Tribunal (審裁處) means the Pharmacy and Poisons Appeal Tribunal established by section 30 of the Ordinance.
3. Notice of appeal
(1) Any person who appeals to the Tribunal shall give notice of the appeal in writing under paragraph (2), stating the grounds of the appeal and any related matters on which the appellant intends to rely in support of the appeal, and he shall at the same time send a copy of such notice to the Director.
(2) Notice of an appeal shall be given not later than 28 days after the date of the decision appealed against and shall be delivered to the chairman at the following address—“The Chairman,Pharmacy and Poisons Appeal Tribunal,Boards and Councils Branch Office,Department of Health,Hong Kong.”. (L.N. 76 of 1989)
4. Fee
There shall be payable in respect of each appeal a fee of $1,670.
(L.N. 667 of 1994; L.N. 79 of 2006)
5. Sittings of Tribunal
(1) For the purpose of hearing an appeal, the Tribunal shall sit on such day and at such place and time as the chairman shall appoint.
(2) The chairman shall give not less than 14 days’ notice in writing to the parties of the date, place and time of the hearing of the appeal.
6. Hearing to be open
The place where the Tribunal sits shall be open to the public and, so far as circumstances permit, any person wishing to hear the proceedings therein shall be admitted to that place:
Provided that the chairman of the Tribunal may prevent the entry or order the removal of any person whose conduct or presence is such as to interrupt or disturb the proceedings.
### Pharmacy and Poisons (Pharmacy and Poisons Appeal Tribunal) Regulations 《藥劑業及毒藥(藥劑業及毒藥上訴審裁處)規例》
7. Appearance of parties at appeal
(1) The parties may appear before the Tribunal and be heard in person or by counsel (whether a barrister or a solicitor) or by any other person who is allowed by leave of the chairman to appear on behalf of any of the parties.
(2) If at the time fixed for the hearing of an appeal the appellant fails to appear, the Tribunal may adjourn the hearing of the appeal to a later date or dismiss the appeal.
8. Procedure at hearing
At the hearing of an appeal, the appellant shall present his case to the Tribunal first and the Director may follow thereafter, and either party may make such submissions in respect of the appeal as he may deem necessary or desirable.
9. Evidence
(1) The parties may call witnesses to give evidence at the hearing of the appeal and the Tribunal may hear such evidence on oath, and for that purpose the chairman shall have full power and authority to administer oaths.
(2) Evidence given orally at the hearing of an appeal shall be recorded in such manner as the chairman may determine.
(3) If the parties consent, the chairman may accept evidence by affidavit, but in such event the chairman may direct that the person whose evidence is given by such affidavit shall attend for examination by the Tribunal or the parties on any matter referred to in the affidavit.
10. Examination of witnesses
Any person who gives evidence before the Tribunal on the hearing of an appeal may be cross-examined.
11. Adjournment
The chairman may at any stage of the hearing of an appeal adjourn the hearing to a later time or date.
12. View of premises etc.
The Tribunal may, if the chairman is satisfied that it is desirable for the purposes of an appeal to do so, visit any premises or place in order to determine any question arising on the hearing of the appeal relating to the character, location, dimensions, suitability or other relevant aspect of such premises or place.
13. Decision
(1) The decision of the Tribunal on an appeal shall be given in writing as a single decision together with a brief statement of the reasons therefor, and shall be signed by the chairman.
(2) In the event of a difference between the members of the Tribunal in deciding the appeal, the decision of the Tribunal shall be that of the majority of the members; but if the members are equally divided, the appeal shall be dismissed.
(3) In respect of every appeal, the decision of the Tribunal shall be notified to the parties and the appellant shall, upon application to the chairman, be furnished with a copy thereof.
| 1,185 |
### Environmental Impact Assessment Ordinance 《環境影響評估條例》
27. Offences in relation to enforcement
A person who—
(a) wilfully resists, obstructs or delays any public officer in the exercise of a power conferred by section 23 which he is authorized to exercise;
(b) fails without reasonable excuse to comply with a requirement duly made by a public officer in the exercise of a power under section 23 which he is authorized to exercise;
(c) in compliance or purported compliance with a requirement of a public officer under Part VII produces a drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or
(d) wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters for which information is required to be given under Part VII,
commits an offence and is liable on conviction to a fine at level 5.
28. Offence to disclose confidential information obtained officially
(1) A person who, except in the circumstances set out in subsection (2), discloses or gives to another person any information that concerns a trade, business or profession, and has come to his knowledge or into his possession in the course of the discharge of his functions under this Ordinance commits an offence.
(2) A person does not commit an offence under subsection (1) if he discloses or gives the information to another person—
(a) to discharge his functions under this Ordinance or in connected proceedings;
(b) under an order of a court under subsection (3); or
(c) with the consent in writing of all persons who appear to him, after reasonable inquiry, to be interested in the confidentiality of the information.
(3) Where in proceedings a court considers that the justice of the case requires, the court may order the disclosure of information referred to in subsection (1).
(4) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 4 and to imprisonment for 6 months.
29. Directors of body corporate liable in certain circumstances
(1) Where a person convicted of an offence under this Ordinance is a body corporate and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, a director, manager, secretary or other person concerned in the management of the body corporate, the director, manager, secretary or other person also commits the offence.
(2) Where a person convicted of an offence under this Ordinance is a partner in a partnership and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, any other partner or any person concerned in the management of the partnership, the partner or the person concerned in the management also commits the offence.
### Environmental Impact Assessment Ordinance 《環境影響評估條例》
30. Exemptions
(1) The Chief Executive in Council may, in the public interest, exempt a project from the provisions of this Ordinance by an order published in the Gazette.
(2) The Chief Executive in Council may make the order—
(a) subject to conditions and limitations;
(b) have effect for a period of time; and
(c) be partial in operation with respect to the project or to specified provisions of this Ordinance.
(3) A person who breaches a condition or requirement imposed under an exemption order is deemed to have breached an environmental permit and is subject to the provisions of this Ordinance that apply to the breach of an environmental permit.
(Amended 34 of 2000 s. 3)
31. Protection of Government and public officers
(1) A public officer is not personally liable for an act or omission of his if he did it in the honest belief that the act or omission was required or authorized to discharge his functions under this Ordinance.
(2) The protection given to a public officer by subsection (1) for an act or omission does not in any way affect any liability of the Government in tort for the act or omission.
32. Regulations
(1) The Secretary may, after consultation with the Advisory Council on the Environment, by regulation—
(a) prescribe anything required or permitted to be prescribed under this Ordinance;
(b) prescribe the minimum qualifications and experience of persons undertaking environmental impact assessment studies;
(c) regulate appeals under Part VI and the practice and procedure of the Appeal Board;
(d) generally, provide for the better carrying into effect of the provisions and purposes of this Ordinance.
(2) A regulation for the payment of fees may provide for different fees to be charged according to different circumstances.
33. Power of Director to set forms
(1) The Director may set the form of a document required under this Ordinance.
(2) The Director’s power under subsection (1) is subject to any express requirement under this Ordinance for a form to comply with the requirement.
(3) The Director may include in a form a statutory declaration to be made by the person completing the form confirming that the particulars contained in the form are correct to the best of the person’s knowledge.
### Environmental Impact Assessment Ordinance 《環境影響評估條例》
34. Service of notices
A notice to be served under this Ordinance may be served by registered post or by serving a copy personally.
### Tsing Ma Control Area Ordinance 《青馬管制區條例》
1. Short title
(1) This Ordinance may be cited as the Tsing Ma Control Area Ordinance.
(2) (Omitted as spent—E.R. 3 of 2022) | 1,190 |
### Chief Executive Election Ordinance 《行政長官選舉條例》
44. Death or incapacity of electoral officer not to terminate authority
Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of this Ordinance.
45. Candidates entitled to send letters to members of Election Committee free of postage
(1) Two letters addressed to each member of the Election Committee may be sent free of postage by or on behalf of a candidate.
(2) The cost to the Postmaster General of enabling an entitlement under subsection (1) to be exercised shall be a charge on and payable from the general revenue.
46. Regulation
(1) The Chief Executive in Council may make regulation for the better carrying out of the purposes of this Ordinance.
(2) In particular, the regulation made under subsection (1) may provide for all or any of the following—
(a) the number or qualifications of subscribers required to complete a nomination paper for a candidate at a subsector election;
(b) the amount that a candidate at a subsector election is required to lodge as a deposit at the election;
(c) the forfeiture of the deposit if the candidate at a subsector election fails to obtain a prescribed proportion of the votes cast at the election and for the return of the deposit if he obtains that proportion of votes at the election;
(d) the functions of a Revising Officer;
(e) appeals to a Revising Officer.
(3) A provision of the regulation made under subsection (1) may make it an offence, punishable by a fine not exceeding level 2, for a person to contravene a provision of the regulation.
(4) A provision of the regulation made under subsection (1) may—
(a) make different provisions for different circumstances and provide for a particular case or class of cases;
(b) be made so as to apply only in specified circumstances; and
(c) prescribe fees for the purposes of the regulation.
47. Amendment of Schedule
The Chief Executive in Council may, with the approval of the Legislative Council, amend the Schedule by order published in the Gazette.
### Chief Executive Election Ordinance 《行政長官選舉條例》
81. (Omitted as spent—E.R. 1 of 2012)
### Rehabilitation Centres Ordinance 《更生中心條例》
1. Short title
(Amended E.R. 4 of 2019)(1) This Ordinance may be cited as the Rehabilitation Centres Ordinance.
(2) (Omitted as spent—E.R. 4 of 2019)
### Rehabilitation Centres Ordinance 《更生中心條例》
2. Interpretation
In this Ordinance, unless the context otherwise requires—
addiction treatment centre (戒毒所) means a place or building appointed to be an addiction treatment centre under section 3 of the Drug Addiction Treatment Centres Ordinance (Cap. 244);
approved (獲允許) means approved by the Commissioner;
Commissioner (署長) means the Commissioner of Correctional Services;
correctional services officer (懲教人員) means an officer of the Correctional Services Department;
court (法庭) includes a magistrate;
detention (羈留) means detention in a rehabilitation centre;
detention centre (勞教中心) means a place or building appointed to be a detention centre under section 3 of the Detention Centres Ordinance (Cap. 239);
detention order (羈留令) means an order of detention made under section 4(1);
initial detention period (前段羈留期), in relation to a young offender, means the period referred to in section 4(5)(a);
person unlawfully at large (非法地不受羈留的人) means—
(a) an escapee from a rehabilitation centre;
(b) a person who fails to return to a rehabilitation centre at the expiration of the period for which permission under section 5(1) or leave of absence for whatever purposes has been granted; or
(c) a person who, being the subject of a recall order, fails to return to a rehabilitation centre after having been required to do so by the Commissioner,
and unlawfully at large (非法地不受羈留) shall be construed accordingly;
recall order (召回令) means an order made under section 7(1) requiring a person to return to a rehabilitation centre;
regulations (《規例》) means regulations made under section 13;
rehabilitation centre (更生中心) means a place or building appointed under section 3 to be a rehabilitation centre;
relevant offence (有關罪行) means an offence punishable by imprisonment, other than for non-payment of a fine, but not an offence the sentence for which is fixed by law;
subsequent period of residence (後段居住期), in relation to a young offender, means the period referred to in section 4(5)(b);
supervision order (監管令) means an order for supervision made under section 6(1);
training centre (教導所) means an institution established as a training centre under section 3 of the Training Centres Ordinance (Cap. 280);
young offender (青少年犯) means an offender of or over 14 and under 21 years of age.
### Rehabilitation Centres Ordinance 《更生中心條例》
3. Rehabilitation centres
The Secretary for Security may, by order published in the Gazette, appoint a place or building to be a rehabilitation centre for the purposes of being—
(a) a place of confinement in which a young offender may be detained in custody; or
(b) an institution in which a young offender may be required to reside after studying, working or engaging in other approved activities.
| 1,214 |
### Land Titles Ordinance 《土地業權條例》
104. Consequential amendments
(Not yet in operation)
(1) The enactments specified in Schedule 3 are amended as set out in that Schedule.
(2) The Land Registration Ordinance (Cap. 128) is amended as set out in Schedule 4.
(3) The Secretary may, with the approval of the Legislative Council, by notice published in the Gazette, amend Schedule 3 or 4.
### Construction Workers Registration Ordinance 《建造業工人註冊條例》
1. Short title
(Amended E.R. 4 of 2017)(1) This Ordinance may be cited as the Construction Workers Registration Ordinance.
(2) (Omitted as spent—E.R. 4 of 2017)
### Construction Workers Registration Ordinance 《建造業工人註冊條例》
2A. Ordinance applies to Government
This Ordinance applies to the Government.
(Added 17 of 2012 s. 5)
2B. Prohibitions apply to certain construction work as from appointed day
(1) A provision set out in subsection (2), to the extent set out in that subsection in relation to the provision (if applicable), applies to the following construction work only as from a day to be appointed by the Secretary by notice published in the Gazette—
(a) construction work falling within the meaning of paragraph (a)(vi) of the definition of construction work
3. Prohibition against unregistered construction workers carrying out on construction sites construction work
(1) A person shall not personally carry out on a construction site construction work unless the person is a registered construction worker.
(2) Subject to sections 3A and 4, a person must not personally carry out on a construction site construction work that involves any skills described in column 3 of Schedule 1 opposite a designated trade division unless the person is—
(a) a registered skilled worker for the trade division;
(b) a registered skilled worker (provisional) for the trade division;
(c) a registered semi-skilled worker for the trade division; or
(d) a registered semi-skilled worker (provisional) for the trade division. (Replaced 22 of 2014 s. 5)
(3)-(4) (Repealed 22 of 2014 s. 5)
3A. Working across designated trade divisions involving similar skills
(1) A person who is a registered skilled worker for a designated trade division specified in column 1 of Schedule 1A (major trade division
4. Construction work carried out under instruction and supervision of registered skilled or semi-skilled worker
(1) Subject to subsection (2), a person who is a registered construction worker may personally carry out on a construction site construction work that involves any skills described in column 3 of Schedule 1 opposite a designated trade division even though the person is not a registered skilled worker, registered skilled worker (provisional), registered semi-skilled worker or registered semi-skilled worker (provisional) for the trade division.
(2) The person must apply those skills under the instruction and supervision of another person who is a registered skilled worker, or a registered semi-skilled worker, for the trade division.
(Replaced 22 of 2014 s. 7)
4A. Measures for identification of relevant skilled worker
(1) This section applies if—
(a) a person (registered worker
### Construction Workers Registration Ordinance 《建造業工人註冊條例》
5. Prohibition against employing unregistered construction workers to carry out on construction sites construction work
No person shall employ another person to personally carry out on a construction site construction work in contravention of section 3(1) or (2).
(Amended 22 of 2014 s. 9)
### Construction Workers Registration Ordinance 《建造業工人註冊條例》
8. Functions of Council under this Ordinance
(Amended 17 of 2012 s. 8)(1) The Council has the following functions under this Ordinance— (Amended 17 of 2012 s. 8)
(a) to be responsible for the administration of this Ordinance and the supervision of the registration of persons; (Amended 17 of 2012 s. 8)
(b) to set the qualification requirements for registration or renewal of registration; (Amended 17 of 2012 s. 8)
(c) to make recommendations with respect to the rate of levy; and (Amended 17 of 2012 s. 8)
(d) to perform any other functions imposed on the Council under this Ordinance. (Replaced 17 of 2012 s. 8)
(2)-(3) (Repealed 17 of 2012 s. 8)
9. Limitation on delegations
(1) The Council must not delegate under section 16 of the Construction Industry Council Ordinance (Cap. 587) any of its functions or powers under section 8(1)(a) or (c), 36, 60 or 63.
(2) The Council may delegate a registration function to the Registration Board only.
(3) In this section—
registration function (註冊職能) means any of the Council’s functions and powers under section 8(1)(b) and Parts 4, 6 (except section 36), 7 and 8 (except sections 60 and 63).
(Replaced 17 of 2012 s. 9) | 1,214 |
### Conveyancing and Property Ordinance 《物業轉易及財產條例》
59. Purchase not voidable for undervalue
(1) No purchase, made bona fide and without fraud, of any interest in property of any kind within Hong Kong shall be opened or set aside merely on the ground of undervalue.
(2) For the purpose of this section, purchase (購買) shall include every kind of disposition under or by which any beneficial interest in any kind of property may be acquired.
[cf. 1868 c. 4 s. 1 U.K.]
60. Voidability of dispositions to defraud creditors
(1) Subject to subsections (2) and (3), every disposition of property made, whether before or after the commencement of this section, with intent to defraud creditors, shall be voidable, at the instance of any person thereby prejudiced.
(2) This section does not affect the law of bankruptcy for the time being in force.
(3) This section does not extend to any estate or interest in property disposed of for valuable consideration and in good faith or upon good consideration and in good faith to any person not having, at the time of the disposition, notice of the intent to defraud creditors. (Amended 31 of 1988 s. 22)
[cf. 1925 c. 20 s. 172 U.K.]
61. Voluntary disposition of land: how far voidable as against purchasers
(1) Every voluntary disposition of land made with intent to defraud a subsequent purchaser is voidable at the instance of that purchaser.
(2) For the purposes of this section, no voluntary disposition shall be deemed to have been made with intent to defraud by reason only that a subsequent disposition for valuable consideration was made.
[cf. 1925 c. 20 s. 173 U.K.]
### Conveyancing and Property Ordinance 《物業轉易及財產條例》
62. Service of notices
(1) Any notice relating to land required or authorized by this Ordinance to be served or given shall be in writing.
(2) Any notice required or authorized by this Ordinance to be served on a mortgagor or lessee shall be sufficient, although only addressed to the mortgagor or lessee by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.
(3) Any notice required or authorized by this Ordinance to be served shall be sufficiently served if it is left at the last-known place of abode or business in Hong Kong of the mortgagee, mortgagor, or lessee or other person to be served, or, in case of a notice required or authorized to be served on a mortgagor or lessee, is affixed or left for him on the land comprised in the mortgage or lease. (Amended 31 of 1988 s. 23)
(4) Any notice required or authorized by this Ordinance to be served shall also be sufficiently served if it is sent by post. (Amended 31 of 1988 s. 23)
(5) Unless the contrary intention is expressed, the provisions of this section shall extend to—
(a) notices required to be served by any instrument affecting land; and
(b) notices to terminate any lease.
(6) This section does not apply to notices served in proceedings in any court or tribunal.
[cf. 1925 c. 20 s. 196 U.K.]
64. Amendment of Schedules
The Legislative Council may by resolution amend the First, Second, Third and Fourth Schedules.
### Weapons Ordinance 《武器條例》
1. Short title
This Ordinance may be cited as the Weapons Ordinance.
2. Interpretation
In this Ordinance, unless the context otherwise requires—
Commissioner (處長) means the Commissioner of Police and in relation to any particular power, function or duty of the Commissioner under this Ordinance, means a person having authority under section 16 to exercise or perform it;
dispose (處置) includes parting with possession;
martial art (武術) includes akeido, bersilat, jui jitsu, judo, karate, kendo, kung-fu, mo ngai, san ta, taekwan-do, tai kik and any other form or style of fighting or self-defence however named or any combination or variation of the same;
martial arts association (武術團體) means any club, society or association whether incorporated or unincorporated which has as part or the whole of its aims and objects, or in fact engages in, the promotion, demonstration, instruction or practice of any martial art;
martial arts weapon (武術兵器) means any weapon used or designed for use as part of or in connexion with any martial art;
member (成員) means a member of a martial arts association;
office-bearer (幹事) of a martial arts association includes any person who is the president, vice-president, secretary, treasurer or member of the committee or governing body;
possession (管有) in relation to any prohibited weapon or martial arts weapon includes the control by any person or martial arts association of any such weapon which is in the custody of another person or body of any kind whatsoever;
prohibited weapon (違禁武器) means any weapon specified in the Schedule;
repealed Ordinance (已廢除條例) means the repealed Arms and Ammunition Ordinance (Cap. 238, 1964 Ed.).
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### Road Traffic (Registration and Licensing of Vehicles) Regulations 《道路交通(車輛登記及領牌)規例》
60A. Amendment of Schedule 5A
The Commissioner may by order published in the Gazette amend Schedule 5A.
(25 of 2005 s. 25)
61. Revocation
The Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 220 sub. leg.) and the Road Traffic (International Circulation) Regulations (Cap. 220 sub. leg.) are revoked.
62. Transitional provisions
(1) Schedule 10 shall have effect for the purposes of transition to the provisions of these regulations from the provisions of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 220 sub. leg.) and the Road Traffic (International Circulation) Regulations (Cap. 220 sub. leg.) revoked by regulation 61 of these regulations and shall be in addition to and shall not derogate from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).
(2) (Repealed 89 of 1994 s. 31)(3) Regulation 11(1) shall not have effect in relation to a registration mark falling within the description in paragraph (b) of that regulation if—
(a) the registration mark was assigned or allocated, or deemed to be assigned or allocated, under these regulations before the commencement# of the amendments made by the Revenue (Personalized Vehicle Registration Marks) Ordinance 2005 (25 of 2005) to that regulation; and
(b) the registration mark is valid at the commencement of those amendments. (25 of 2005 s. 26)
Editorial Note:
# Commencement date: 10 March 2006.
### Road Traffic (Registration and Licensing of Vehicles) Regulations 《道路交通(車輛登記及領牌)規例》
62A. Transitional provisions for Revenue (First Registration Tax and Licence Fees for Motor Vehicles) Ordinance 2021
(1) In this regulation— (E.R. 3 of 2022)
amended Schedule 2 (經修訂附表2) means Schedule 2 as amended by the Amendment Ordinance;
Amendment Ordinance (《修訂條例》) means the Revenue (First Registration Tax and Licence Fees for Motor Vehicles) Ordinance 2021 (15 of 2021);
pre-amended Schedule 2 (原有附表2) means Schedule 2 as in force immediately before 11 a.m. on 24 February 2021.
(2) If—
(a) the last day on which the licence for a motor vehicle specified in item 5 or 6 under the heading “Annual Licence Fees” of the pre-amended Schedule 2 has effect falls on or before 23 June 2021;
(b) the vehicle licence is not surrendered before it expires; and
(c) the Commissioner receives an application on or before 23 June 2021 for licensing the motor vehicle for a further period under regulation 21(5) or (6) (licence renewal
63. Interpretation of Part X
In this Part—
concession period (寬免期) means the period from 30 December 2022 to 29 December 2023 (both dates inclusive). (L.N. 170 of 2020; L.N. 178 of 2021; L.N. 73 of 2022)
64. Certain vehicle licence fees waived
(1) Subject to subregulation (2) and regulation 65, if the licence for a motor vehicle specified in item 1, 2, 3, 4, 5, 6, 8, 11 or 12 under the heading “Annual Licence Fees” of Schedule 2 takes effect on a date (effective date
65. Waiver not applicable in respect of certain vehicles
The waiver under regulation 64(1) does not apply to the licence fee payable for a licence under these regulations in respect of—
(a) a public bus operated under a franchise granted under the Public Bus Services Ordinance (Cap. 230);
(b) a private car in respect of which no hire car permit is in force; or
(c) an electrically powered passenger vehicle in respect of which no hire car permit is in force.
### Road Traffic (Registration and Licensing of Vehicles) Regulations 《道路交通(車輛登記及領牌)規例》
66. Certain additional fees waived
(1) The additional fee mentioned in a specified provision is waived in respect of a licence for 4 months if the licence fee payable for the licence is waived under regulation 64(1), even if that licence fee is only partly waived under regulation 64(1) because of the operation of regulation 64(2).
(2) In subregulation (1)—
specified provision (指明條文) means the following provision—(a) regulation 21(1)(b)(ii);
(b) regulation 21(9)(b)(ii);
(c) paragraph (b) of the proviso to regulation 23(2); or
(d) paragraph (b) of the proviso to regulation 23A(2).
67. Certain closed road permit fees waived
(1) Subject to subregulation (2), if a closed road permit (other than one for a road in Lantau) issued under regulation 49(1) for a private car in respect of which a hire car permit is in force, a goods vehicle or a bus takes effect on a date (effective date
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### Merchant Shipping (Registration) (Tonnage) Regulations 《商船(註冊)(噸位)規例》
15. Ascertainment of tonnage and certification
(1) New Ships—
(a) The Certifying Authority may, at the request of the Administration of a Contracting Government, ascertain the gross and net tonnages of a new ship in accordance with Part II of these regulations and issue to the owner an International Tonnage Certificate (1969). In such cases the certificate shall be endorsed to the effect that it has been issued at the request of the Government of the state whose flag the ship is or will be flying, and a copy of the certificate and the calculations of the tonnages shall be transmitted to the requesting Government as soon as possible.
(b) The Certifying Authority may, at the request of an owner of a new ship flying the flag of an Administration of a non Contracting Government ascertain in gross and net tonnages of the ship in accordance with Part II of these regulations and issue a Certificate of Hong Kong Tonnage Measurement. In such cases the certificate will bear the endorsement “for use only whilst within the waters of Hong Kong”.
(2) Existing Ships—
(a) The Certifying Authority may, at the request of the Administration of a Contracting Government, ascertain the gross and net tonnages of an existing ship in accordance with Part II of these regulations and issue to the owner an International Tonnage Certificate (1969). In such cases the certificate shall be endorsed to the effect that it has been issued at the request of the Government of the state whose flag the ship is or will be flying, and a copy of the certificate and the calculations of the tonnages shall be transmitted to the requesting Government as soon as possible.
(b) The Certifying Authority may, at the request of the owner of any existing ship, ascertain the gross and net tonnages of the ship in accordance with Part IV of these regulations until 17 July 1994. In such cases a Hong Kong Tonnage Certificate shall be issued.
(74 of 1990 Sch. 5; 23 of 1998 s. 2)
### Merchant Shipping (Registration) (Tonnage) Regulations 《商船(註冊)(噸位)規例》
16. Application of Part VI
(1) The Director may, at the written request of an owner of a Hong Kong ship required to be measured and certified in accordance with Part II of these regulations—
(a) which is a ship the keel of which is laid or is at a similar stage of construction not later than 31 December 1985; or
(b) which is a cargo ship of less than 1600 tons gross tonnage as ascertained in accordance with regulation 13(3) of these regulations, the keel of which is laid or is at a similar stage of construction before 18 July 1994,
permit such a ship to have, additionally, its gross tonnage ascertained by the Certifying Authority in accordance with the provisions set out in Schedule 5 and Appendices 1 to 4 thereto, and to use this tonnage for the purpose of the application of the provisions of regulations implementing the International Convention for the Safety of Life at Sea 1974 and the Protocol of 1978 relating to that Convention.
(2) The measurement of a ship in accordance with paragraph (1) above shall be in respect of gross tonnage only and an appropriate Tonnage Certificate shall be issued and it shall be endorsed with the following endorsement— (74 of 1990 Sch. 5)“For use only for the application of the Interim Scheme for Tonnage Measurement for Certain Ships (IMO Resolution A494(XII))”.
(3) Where the gross tonnage is ascertained in accordance with paragraph (1) above and a Safety of Life at Sea convention certificate is subsequently issued, then only that tonnage shall be recorded in that certificate and the certificate shall be endorsed with the following endorsement—“The above gross tonnage has been measured by the Certifying Authority of Hong Kong in accordance with the tonnage regulations which were in force prior to the coming into force of the International Convention on Tonnage Measurement of Ships 1969”.
17. Failure to deliver up certificate
Any owner or master who fails without reasonable cause to deliver up a certificate for cancellation as required by regulation 10(1) or paragraph 5(3) of Schedule 5 hereto commits an offence and is liable to a fine of $5,000.
(74 of 1990 Sch. 5)
18. Illegal carriage of goods or stores
If goods or stores are carried in a permanently closed in space on board ship in contravention of paragraph 17(3) of Schedule 5 hereto the master and the owner of the ship commit an offence and are each liable to a fine of $5,000.
(74 of 1990 Sch. 5)
### Merchant Shipping (Registration) (Tonnage) Regulations 《商船(註冊)(噸位)規例》
19. Validation of existing certificates
Any International Tonnage certificate issued in respect of a ship for registration in Hong Kong in accordance with the provisions of the Convention under the authority of the Government of Hong Kong prior to the coming into operation of then regulations shall be accepted and regarded for all purposes as having the same validity as one issued under Part II of these regulations.
### Merchant Shipping (Registration) Ordinance 《商船(註冊)條例》
1. Short title
(Amended E.R. 1 of 2022)(1) This Ordinance may be cited as the Merchant Shipping (Registration) Ordinance.
(2) (Omitted as spent—E.R. 1 of 2022) | 1,259 |
### Employees Compensation Assistance Ordinance 《僱員補償援助條例》
35. Survival of rights
(1) Subject to subsection (2), on the death of any person in whose favour the Board has determined an application under section 22, the rights and entitlement of that person as against the Board survive for the benefit of his estate. (Amended 16 of 2002 s. 22)
(2) Subsection (1) does not apply in the case of any rights and entitlement of a person in respect of a relief payment. (Added 16 of 2002 s. 22)
36. Saving as to rights and liabilities under Cap. 282
Nothing in this Ordinance affects the rights or liabilities of any person under the Employees’ Compensation Ordinance (Cap. 282).
36A. Surcharge
(1) An employer who contravenes section 40(1) of the Employees’ Compensation Ordinance (Cap. 282) shall be liable to pay a surcharge to the Board in accordance with this section.
(2) Subject to subsections (3) and (4), the amount of surcharge payable by an employer under subsection (1) shall be 3 times the levy payable to the Board under the Employees’ Compensation Insurance Levies Ordinance (Cap. 411) on the premium paid in respect of the policy of insurance obtained to cause the cessation of the contravention referred to in that subsection to which the surcharge relates.
(3) Subject to subsection (4), the amount of surcharge payable by an employer under subsection (1) shall be the prescribed surcharge where—
(a) the employer fails to comply with a requirement under subsection (5) in any case where paragraph (b) is not applicable and the Board is otherwise unable to obtain the information and particulars necessary for subsection (2) to apply in the case of the employer; or
(b) the employer is not required to comply with section 40(1) of the Employees’ Compensation Ordinance (Cap. 282) to cause the cessation of the contravention referred to in that subsection to which the surcharge relates.
(4) Where—
(a) an employer has contravened section 40(1) of the Employees’ Compensation Ordinance (Cap. 282) (first contravention
37. Subrogation
(1) Where a payment is made from the Fund under Part IV to any person (the recipient
### Employees Compensation Assistance Ordinance 《僱員補償援助條例》
37A. Recovery of payment
Where an eligible person receives any amount of damages in respect of an injury for which a relief payment has already been made, then the Board shall be entitled to recover from the eligible person as a civil debt such part, if any, of that amount which, taken together with the relief payment, is in excess of the amount of damages to which the eligible person is entitled.
(Added 16 of 2002 s. 25)
38. Recovery of payment made by mistake
(1) Where any payment is made from the Fund under a mistake of law or fact, the payment is recoverable by the Board from the person to whom such payment was made as a debt due to the Board. (Amended 16 of 2002 s. 26)
(2) (Repealed 16 of 2002 s. 26)
39. Recovery of payment where false statement by recipient
(1) Where—
(a) a payment is made from the Fund to a person (the recipient
### Employees Compensation Assistance Ordinance 《僱員補償援助條例》
40. Offences
(1) Any person who—
(a) in providing information for the purposes of this Ordinance, including any inquiry under this Ordinance, makes any statement which he knows to be false, or does not believe to be true, in a material particular or recklessly makes a statement which is false in a material particular; or
(b) for the purposes of this Ordinance, including any inquiry under this Ordinance, and with intent to deceive, produces, supplies or sends, or otherwise makes use of, any document or record or makes any declaration which is to his knowledge false, or which he does not believe to be true, in a material particular,
commits an offence and is liable to a fine at level 6 and to imprisonment for 12 months. (Amended 16 of 2002 s. 27)
(2) Any person who, without reasonable excuse, fails to comply with any requirement, or respond to any inquiry, imposed or made by the Board under section 21(4) or 25B(8) or, where the person is an insurer, section 36A(5) commits an offence and is liable to a fine at level 2 and to imprisonment for 1 month. (Amended 16 of 2002 s. 27; E.R. 2 of 2020)
(3) Without prejudice to any Ordinance relating to the prosecution of offences or to the powers of the Secretary for Justice in respect of the prosecution of criminal offences, a prosecution for an offence under this Ordinance may be brought in the name of the Board and commenced and conducted by a member, or an officer, of the Board authorized in that behalf in writing by the Board. (Amended L.N. 362 of 1997)
(4) Where the Board or any officer authorized under subsection (3) makes a complaint or lays an information for an offence under this Ordinance, the complainant or informant is deemed to be acting on behalf of the Secretary for Justice. (Amended L.N. 362 of 1997; 23 of 2002 s. 3)
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### Arbitration Ordinance 《仲裁條例》
87. Enforcement of Convention awards
(1) A Convention award is, subject to this Division, enforceable in Hong Kong either—
(a) by action in the Court; or
(b) in the same manner as an award to which section 84 applies, and that section applies to a Convention award accordingly as if a reference in that section to an award were a Convention award. (Amended 7 of 2013 s. 11)
(2) A Convention award which is enforceable as mentioned in subsection (1) is to be treated as binding for all purposes on the parties, and may accordingly be relied on by any of them by way of defence, set off or otherwise in any legal proceedings in Hong Kong. (Replaced 7 of 2013 s. 11)
(3) A reference in this Division to enforcement of a Convention award is to be construed as including reliance on a Convention award.
88. Evidence to be produced for enforcement of Convention awards
The party seeking to enforce a Convention award must produce—
(a) the duly authenticated original award or a duly certified copy of it;
(b) the original arbitration agreement or a duly certified copy of it; and
(c) if the award or agreement is not in either or both of the official languages, a translation of it in either official language certified by an official or sworn translator or by a diplomatic or consular agent. (Replaced 7 of 2013 s. 12)
### Arbitration Ordinance 《仲裁條例》
89. Refusal of enforcement of Convention awards
(1) Enforcement of a Convention award may not be refused except as mentioned in this section. (Amended 7 of 2013 s. 13)
(2) Enforcement of a Convention award may be refused if the person against whom it is invoked proves—
(a) that a party to the arbitration agreement was under some incapacity (under the law applicable to that party); (Replaced 7 of 2013 s. 13)
(b) that the arbitration agreement was not valid—
(i) under the law to which the parties subjected it; or
(ii) (if there was no indication of the law to which the arbitration agreement was subjected) under the law of the country where the award was made;
(c) that the person—
(i) was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings; or
(ii) was otherwise unable to present the person’s case;
(d) subject to subsection (4), that the award—
(i) deals with a difference not contemplated by or not falling within the terms of the submission to arbitration; or
(ii) contains decisions on matters beyond the scope of the submission to arbitration;
(e) that the composition of the arbitral authority or the arbitral procedure was not in accordance with—
(i) the agreement of the parties; or
(ii) (if there was no agreement) the law of the country where the arbitration took place; or
(f) that the award—
(i) has not yet become binding on the parties; or
(ii) has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made.
(3) Enforcement of a Convention award may also be refused if—
(a) the award is in respect of a matter which is not capable of settlement by arbitration under the law of Hong Kong; or
(b) it would be contrary to public policy to enforce the award.
(4) If a Convention award contains, apart from decisions on matters submitted to arbitration (arbitral decisions
90. Order for declaring party to New York Convention
(1) The Chief Executive in Council may, by order in the Gazette, declare that any State or territory that—
(a) is a party to the New York Convention; and
(b) is specified in the order,
is a party to that Convention.
(2) An order under subsection (1), while in force, is conclusive evidence that the State or territory specified in it is a party to the New York Convention.
(3) Subsections (1) and (2) do not affect any other method of proving that a State or territory is a party to the New York Convention.
91. Saving of rights to enforce Convention awards
This Division does not affect any right to enforce or rely on a Convention award otherwise than under this Division.
### Arbitration Ordinance 《仲裁條例》
92. Enforcement of Mainland awards
(1) A Mainland award is, subject to this Division, enforceable in Hong Kong either—
(a) by action in the Court; or
(b) in the same manner as an award to which section 84 applies, and that section applies to a Mainland award accordingly as if a reference in that section to an award were a Mainland award. (Amended 7 of 2013 s. 14)
(2) A Mainland award which is enforceable as mentioned in subsection (1) is to be treated as binding for all purposes on the parties, and may accordingly be relied on by any of them by way of defence, set off or otherwise in any legal proceedings in Hong Kong. (Replaced 7 of 2013 s. 14)
(3) A reference in this Division to enforcement of a Mainland award is to be construed as including reliance on a Mainland award.
94. Evidence to be produced for enforcement of Mainland awards
The party seeking to enforce a Mainland award must produce—
(a) the duly authenticated original award or a duly certified copy of it;
(b) the original arbitration agreement or a duly certified copy of it; and
(c) if the award or agreement is not in either or both of the official languages, a translation of it in either official language certified by an official or sworn translator or by a diplomatic or consular agent. (Replaced 7 of 2013 s. 16)
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### Mercury Control Ordinance 《汞管制條例》
53. Power to enter and search premises for investigation
(1) A magistrate may issue a warrant if satisfied by information on oath laid by an authorized officer that there are reasonable grounds to believe that—
(a) this Ordinance or a regulatory requirement has been, is being or is about to be contravened (contravention
54. Offence relating to section 53
(1) A person who, without reasonable excuse, fails to comply with a requirement made under section 53 commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(2) A person is not excused from complying with a requirement made under section 53 on the ground that to do so might tend to incriminate the person.
55. Use of incriminating evidence in proceedings
(1) On or before requiring a person to provide any information under section 51 or 53, an authorized officer must ensure that the person is informed or reminded of the limitations imposed by subsection (2) on the admissibility in evidence of the requirement and of the information.
(2) Despite any other provision of this Ordinance, if—
(a) the authorized officer requires a person to provide any information under section 51 or 53;
(b) the required information might tend to incriminate the person; and
(c) the person claims, before providing the information, that it might so tend,
the requirement and the information are not admissible in evidence against the person in criminal proceedings in a court of law other than the criminal proceedings specified in subsection (3).
(3) The criminal proceedings are those in which the person is prosecuted for—
(a) an offence under section 51(4), 54(1) or 63(1) in respect of the information; or
(b) an offence under Part V of the Crimes Ordinance (Cap. 200) in respect of the information.
(4) In this section—
information (資料) includes particulars and explanation.
56. Interpretation of Subdivision 2 of Division 3 of Part 4
In this Subdivision—
seized item (檢取物品) means a document, record or thing seized under section 52(1) or 53(3)(c)(iii).
57. Authorized officer may dispose of certain seized item
An authorized officer may, in the manner (other than by sale) the officer considers appropriate, dispose of a seized item that is impracticable for the officer to keep.
### Mercury Control Ordinance 《汞管制條例》
58. Disposal of seized item when no offence is prosecuted
(1) This section applies if no offence is prosecuted under this Ordinance in respect of a seized item.
(2) An authorized officer may—
(a) return the seized item to—
(i) if the item was seized from a person—the person or the owner of the item; or
(ii) in any other case—the owner of the item; or
(b) forfeit the seized item to the Government if the officer considers it appropriate to do so.
(3) Subject to subsection (4), if the Director intends to forfeit a seized item under subsection (2)(b), the Director must, by written notice, notify the person from whom the item was seized or the owner of the item (collectively interested person
59. Application for forfeiture
(1) After receiving a notice of claim given within the period specified in section 58(6), the Director must, as soon as reasonably practicable, apply to the court or magistrate (court
60. Disposal of seized item when offence is prosecuted
(1) This section applies if an offence is prosecuted under this Ordinance in respect of a seized item (irrespective of whether the person prosecuted for the offence is convicted of the offence).
(2) The court or magistrate may, on their own initiative or on application, order that the seized item—
(a) be returned to—
(i) if the item was seized from a person—the person or the owner of the item; or
(ii) in any other case—the owner of the item;
(b) be forfeited to the Government; or
(c) be disposed of in another manner it considers appropriate.
(3) An application under subsection (2) may only be made by—
(a) an authorized officer;
(b) the person from whom the item was seized; or
(c) the owner of the item.
### Mercury Control Ordinance 《汞管制條例》
61. Disposal of item forfeited to Government
(1) An authorized officer may dispose of an item forfeited under section 58(5) or (8) or by an order under section 59(2)(b) or 60(2)(b) in the manner the officer considers appropriate.
(2) The cost incurred in disposing of an item forfeited by an order under section 59(2)(b) or 60(2)(b) is recoverable as a civil debt due to the Government from—
(a) for an item forfeited by an order under section 59(2)(b)—the person from whom the item was seized or the owner of the item (as the case requires); or
(b) for an item forfeited by an order under section 60(2)(b)—the person prosecuted for an offence in respect of the item under this Ordinance.
(3) Without limiting subsection (1), an authorized officer may, by written notice, require a person who is convicted of an offence under this Ordinance in respect of an item forfeited by an order under section 60(2)(b) to dispose of the item in the manner specified by the officer at the person’s cost.
(4) A person who fails to comply with a requirement made under subsection (3) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.
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### Road Traffic (Traffic Control) Regulations 《道路交通(交通管制)規例》
61. Offences and penalties
(1) Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under, regulation 11(1), 17(2), 18, 20(1) or (2), 21(1) or (3), 22, 23(1), 24(1), 25(1), 27(4), 28(3), 31, 32(1), 35, 38(2), 40(2), 41(1), 47(1), (1A), (2), (3) or (3A), 48, 49, 52(2), 53(2), (3), (4), (5), (6) or (8), 54(1), 55(1), 56, 57, 58 or 59 commits an offence and is liable on first conviction to a fine of $5,000 and imprisonment for 3 months and on second or subsequent conviction to a fine of $10,000 and imprisonment for 6 months. (L.N. 241 of 1985; L.N. 248 of 1991; L.N. 63 of 1994; L.N. 41 of 2002)
(2) Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under, regulation 10(1), 10A(1), 12(1), 14(5), (6) or (7), 20(4) or (5), 21(4), 23(2), 33(6), 34(2), 36, 39, 41A, 42, 43, 44, 45, 46, 50 or 51 commits an offence and is liable to a fine of $2,000. (L.N. 72 of 1990; L.N. 248 of 1991)
(3) A driver of a vehicle of the North-west Railway or tram who contravenes the provisions of regulation 32A or 51A(1) commits an offence and is liable to a fine of $1,000. (L.N. 221 of 1986; L.N. 242 of 1987)
### Road Traffic (Traffic Control) Regulations 《道路交通(交通管制)規例》
61A. Application to North-west Railway vehicles and trams
In addition to any regulations which expressly so provide, the provisions of regulations 10, 10A(1), 16, 17, 18, 31, 32, 38, 40(2), 43, 46 and 58 apply to and in relation to vehicles of the North-west Railway and trams.
(L.N. 221 of 1986; L.N. 242 of 1987; L.N. 72 of 1990)
62. Application to State
(Adaptation amendments retroactively made - see 3 of 2002 s. 15)
Except where otherwise expressly provided these regulations shall apply to vehicles and persons in the public service of the State.
(3 of 2002 s. 15)
63. Revocation
The Road Traffic (Lighting and Guarding of Road Works) Regulations (Cap. 220 sub. leg.), the Road Traffic (Road Crossing) Regulations (Cap. 220 sub. leg.), the Road Traffic (Roads and Signs) Regulations (Cap. 220 sub. leg.) and the Road Traffic (General) Regulations (Cap. 220 sub. leg.) are revoked.
64. Transitional provisions
Without prejudice to any other enactment, Schedule 6 shall have effect for the purposes of transition to these regulations from the Road Traffic (Lighting and Guarding of Road Works) Regulations (Cap. 220 sub. leg.), the Road Traffic (Road Crossing) Regulations (Cap. 220 sub. leg.) and the Road Traffic (Roads and Signs) Regulations (Cap. 220 sub. leg.) revoked by regulation 63 of these regulations and shall be in addition to and shall not derogate from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).
### Road Traffic (Traffic Control) Regulations 《道路交通(交通管制)規例》
65. Transitional provisions—compliance with requirement indicated by prescribed traffic sign relating to dangerous goods
(1) Subregulation (2) applies if during the transitional period an act or omission of a person constitutes a failure to comply with the requirement indicated by Figure No. 174 traffic sign (new requirement
### Kowloon-Canton Railway Corporation By-laws 《九廣鐵路公司條例》
1. Citation (Suspended L.N. 162 of 2007 s. 2)
(With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.)
These by-laws may be cited as the Kowloon-Canton Railway Corporation By-laws.
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### Companies Ordinance 《公司條例》
311. Power to close register of debenture holders
(1) A company may, on giving notice in accordance with subsection (2), close its register of debenture holders, or any part of it, for any period or periods not exceeding in the whole 30 days in each year.
(2) A notice for the purposes of subsection (1)—
(a) in the case of a company having any of the debentures or debenture stock mentioned in section 308(1) listed on a recognized stock market, must be given—
(i) in accordance with the listing rules applicable to the stock market; or
(ii) by advertisement in a newspaper circulating generally in Hong Kong; and
(b) in the case of any other company, must be given by advertisement in a newspaper circulating generally in Hong Kong.
(3) The period of 30 days mentioned in subsection (1) may be extended in respect of any year by a resolution passed in that year by a majority in value of the debenture holders present in person or, if proxies are permitted, by proxy at a meeting summoned for the purpose or otherwise in accordance with the trust deed or any other document securing the issue of the debentures.
(4) The period of 30 days mentioned in subsection (1) must not be extended for a further period or periods exceeding 30 days in the whole in any year.
(5) A company must, on demand, provide any person seeking to inspect a register or part of a register that is closed under this section with a certificate signed by the company secretary of the company stating the period for which, and by whose authority, it is closed.
(6) If a company contravenes subsection (5), the company, and every responsible person of the company, commit an offence, and each is liable to a fine at level 3.
### Companies Ordinance 《公司條例》
312. Branch register of debenture holders
(1) If a company issues in a place outside Hong Kong a series of debentures, or any debenture stock, that are not transferable by delivery, the company may, if it is authorized to do so by its articles, cause to be kept there a branch register of the holders of the debentures or debenture stock who are resident there.
(2) A company that begins to keep a branch register must deliver to the Registrar for registration a notice in the specified form within 15 days after doing so, stating the address where the branch register is kept.
(3) A company that keeps a branch register must deliver to the Registrar for registration a notice in the specified form of any change in the address where the branch register is kept, within 15 days after the change.
(4) If a company contravenes subsection (2) or (3), the company, and every responsible person of the company, commit an offence, and each is liable to a fine at level 4 and, in the case of a continuing offence, to a further fine of $700 for each day during which the offence continues.
313. Keeping of branch register
(1) A branch register must be kept in the same manner in which the company’s register of debenture holders (the principal register) is by this Ordinance required to be kept.
(2) A company that keeps a branch register may close it in the same manner in which the principal register may be closed under section 311 except that the advertisement mentioned in that section must be inserted in a newspaper circulating generally in the place in which the branch register is kept.
(3) A company that keeps a branch register—
(a) must cause a duplicate of it to be kept at the place at which the company’s principal register is kept; and
(b) must, within 15 days after an entry is made in the branch register—
(i) transmit a copy of the entry to its registered office; and
(ii) update the duplicate of the branch register.
(4) A duplicate of a branch register is to be regarded for all the purposes of this Ordinance as part of the principal register.
(5) Subject to the provisions of this Ordinance, a company may by its articles make any provision that it thinks fit respecting the keeping of branch registers.
(6) If a company contravenes subsection (3), the company, and every responsible person of the company, commit an offence, and each is liable to a fine at level 4 and, in the case of a continuing offence, to a further fine of $700 for each day during which the offence continues.
### Companies Ordinance 《公司條例》
314. Transactions in debentures registered in branch register
(1) The debentures registered in a branch register of a company must be distinguished from those registered in the company’s register of debenture holders.
(2) No transaction with respect to any debentures registered in a branch register may, during the continuance of that registration, be registered in any other register.
315. Discontinuance of branch register
(1) A company may discontinue a branch register.
(2) If a company discontinues a branch register, all the entries in that register must be transferred to—
(a) some other branch register kept in the same place outside Hong Kong by the company; or
(b) the company’s register of debenture holders.
(3) If a company discontinues a branch register, it must, within 15 days after the discontinuance, deliver to the Registrar for registration a notice in the specified form informing the Registrar of—
(a) the discontinuance; and
(b) the register to which the entries have been transferred.
(4) If a company contravenes subsection (3), the company, and every responsible person of the company, commit an offence, and each is liable to a fine at level 4 and, in the case of a continuing offence, to a further fine of $700 for each day during which the offence continues.
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### Electricity Ordinance 《電力條例》
35. Registered electrical contractor required
(1) No person shall employ a person other than a registered electrical contractor to carry out electrical work.
(2) Notwithstanding subsection (1), a registered electrical contractor may employ a registered electrical worker to do electrical work and may employ a person to do electrical work in the circumstances specified under section 32.
(3) Notwithstanding subsection (1), an owner of an electrical installation may employ a registered electrical worker of the appropriate grade on a full time basis at a regular wage or salary to do electrical work on that installation.
36. Director may discipline or refer to disciplinary tribunal
(1) Where the Director considers that there is evidence that a registered electrical worker or a registered electrical contractor has failed to comply with this Ordinance—
(a) he may refer the matter to the Secretary for Environment and Ecology for hearing by a disciplinary tribunal; or (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(b) in accordance with section 37, he may do either or both of the following—
(i) reprimand the worker or contractor;
(ii) fine a worker up to $1,000 and a contractor up to $10,000.
(2) In accordance with section 37, the Director may cancel a registration if he considers that—
(a) the registrant obtained registration by fraud or on the basis of misleading or inaccurate information;
(b) the registration was made in error; or
(c) the registrant is no longer qualified under this Ordinance to be registered.
(3) Where a registrant without reasonable excuse fails to pay a fine imposed on him under subsection (1) or section 41 on or before the time stipulated for payment, the Director may, in accordance with section 37, suspend his registration until the fine is paid.
(4) A fine imposed under this section is recoverable as a civil debt.
### Electricity Ordinance 《電力條例》
37. Discipline procedure
(1) Where the Director considers that there are grounds for taking action under section 36(1)(b), (2) or (3) he shall notify the registrant specifying the grounds and advising the registrant that he is entitled to a hearing or to submit a written representation and that if he intends to request a hearing or submit a representation he must do so within 4 weeks after the date of the Director’s notice.
(2) Where the Director, in his notice under subsection (1) in respect of a proposed action under section 36(1)(b), states that the alleged failure, if proved or admitted, will not attract a penalty greater than that set out in the notice, the Director shall not impose a greater penalty.
(3) Where the Director does not, within 4 weeks after the date of the notice sent under subsection (1), receive from the registrant a request for a hearing, he may, after considering any written representation from the registrant, impose the appropriate penalty under section 36.
(4) Where the Director, within 4 weeks after the date of the notice sent under subsection (1), receives a request for a hearing, he shall afford the registrant a reasonable opportunity to be heard.
(5) After the hearing or, where the registrant fails without reasonable excuse to attend at the time set by the Director for the hearing, the Director may exonerate the registrant or impose the appropriate penalty under section 36.
(6) The Director shall notify the registrant of his decision and the reasons for it.
38. Disciplinary tribunal panel
(1) The Secretary for Environment and Ecology shall appoint members to a disciplinary tribunal panel based on the following numbers and categories— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) not more than 5 persons who are corporate members of the Hong Kong Institution of Engineers;
(b) not more than 5 persons from tertiary educational institutions;
(c) not more than 5 persons from organizations that he considers represent the interests of registered electrical contractors;
(d) not more than 5 persons from organizations that he considers represent the interests of registered electrical workers; and
(e) not more than 5 persons from organizations that he considers are representative of or promote the interests of owners of commercial, industrial or domestic electrical installations.
(2) A public officer is not eligible for appointment to the disciplinary tribunal panel.
(3) A member shall be appointed for a term of 3 years and may be reappointed at the end of a term.
### Electricity Ordinance 《電力條例》
39. Disciplinary tribunal
(1) Within 21 days after receipt of notice of a matter from the Director under section 36(1), the Secretary for Environment and Ecology shall appoint a disciplinary tribunal to hear the matter and the tribunal shall consist of one member from each category of the disciplinary tribunal panel. (Amended L.N. 106 of 2002)
(2) The members shall elect a chairman from among themselves.
(3) Each member shall be remunerated out of money provided by the Legislative Council for the purpose at a rate that the Secretary for Environment and Ecology may determine. (Amended L.N. 125 of 2004)
(Amended L.N. 130 of 2007; L.N. 144 of 2022)
40. Proceedings before the disciplinary tribunal
(1) The chairman shall notify the registrant of the time and place of its hearing into the matter.
(2) The registrant and the Director may be represented by an agent or legal representative at a proceeding before the disciplinary tribunal.
(3) A legal adviser may be present at proceedings of the disciplinary tribunal to advise the chairman on any matter.
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### Betting Duty Ordinance 《博彩稅條例》
6M. Definition of charging period
(1) Subject to any agreement made under subsection (3), charging period (課稅期) means, in relation to a football betting conductor, a period within which the licence issued to the conductor is in force, being—
(a) a period that begins with the day on which the licence comes into force and ends with—
(i) the next following 31 March; or
(ii) the date on which the licence is terminated,
whichever is the earlier; or
(b) any subsequent period that begins with 1 April and ends with—
(i) the next following 31 March; or
(ii) the date on which the licence is terminated,
whichever is the earlier.
(2) For the purpose of subsection (1), if—
(a) before the licence is terminated, the conductor is issued with a new licence under section 6I; and
(b) the term of the new licence is to start immediately after the termination of the original licence,
that subsection applies as if the term of the new licence were an extended term of the original licence.
(3) The Collector may agree with the conductor—
(a) in relation to a charging period that has begun but not come to an end, to change the date on which that charging period is to come to an end; or
(b) in relation to a charging period that has not begun, to change either or both of the following dates—
(i) the date on which that charging period is to begin;
(ii) the date on which that charging period is to come to an end.
(4) An agreement made under subsection (3) has no effect if, according to the agreement—
(a) a day covered by a charging period is not covered by the term of the licence;
(b) a day covered by the term of the licence is not covered by any charging period; or
(c) a day covered by the term of the licence is covered by more than one charging period.
### Betting Duty Ordinance 《博彩稅條例》
6N. Provisional payments
(1) Within 15 days after each accounting day in a charging period, a football betting conductor shall make a provisional payment to the Collector.
(2) The provisional payment is calculated by using the following mathematical formula—
X – Y
where—
X represents the amount of football betting duty that the conductor would be liable to pay if the accounting day were the last day of that charging period;
Y represents the total amount of provisional payments that the conductor has made for that charging period.
(3) In making a provisional payment, the conductor shall submit to the Collector a calculation sheet, in the specified form, showing how the amount being paid has been arrived at.
(4) The Collector shall apply all provisional payments made by a football betting conductor for a charging period towards settlement of the football betting duty that is payable by the conductor for that charging period.
(5) A football betting conductor that, without reasonable excuse, contravenes this section commits an offence and is liable to a fine at level 3.
(6) In this section, accounting day (結算日) means any day within a charging period that is the last day of a month.
6O. Demand for provisional payment
(1) If a football betting conductor has not made a provisional payment in full, the Collector may, by notice in writing given to the conductor, demand payment of the unpaid amount.
(2) The notice shall specify the manner in which and the date on or before which the amount shall be paid.
(3) If the conductor fails to make payment in accordance with the notice, the Government may recover the unpaid amount as a civil debt.
### Betting Duty Ordinance 《博彩稅條例》
6P. Assessment of net stake receipts
(1) As soon as practicable after the end of a charging period, the Collector shall assess the net stake receipts that were derived from the conduct of authorized betting on football matches by a football betting conductor in respect of that charging period.
(2) The assessment may only be made within 6 years after the end of that charging period.
(3) If, based on the assessment—
(a) the football betting duty payable exceeds the provisional payments that have been made, the conductor shall pay the difference to the Collector in accordance with the notice of assessment; or
(b) the provisional payments that have been made exceeds the football betting duty payable, the Collector shall refund the difference to the conductor.
(4) As soon as practicable after making the assessment, the Collector shall give the conductor a notice of assessment in writing, specifying—
(a) the amount of net stake receipts as assessed;
(b) the amount of football betting duty that is payable;
(c) the total amount of provisional payments that have been made;
(d) if subsection (3)(a) applies, the amount that the conductor shall pay, and the manner in which and the date on or before which the amount shall be paid; and
(e) if subsection (3)(b) applies, the amount that the Collector shall refund.
6Q. Additional assessment
(1) Despite having given a notice of assessment to a football betting conductor in relation to a charging period, if the Collector reasonably believes that the net stake receipts that were derived from the conduct of authorized betting on football matches by the conductor in respect of that charging period exceed the amount of net stake receipts as specified in the notice, the Collector shall make an additional assessment of the net stake receipts that were derived in respect of that charging period.
(2) The additional assessment may only be made within 6 years after the end of that charging period.
(3) As soon as practicable after making the additional assessment, the Collector shall give the conductor a notice of additional assessment in writing, specifying—
(a) the amount of net stake receipts as additionally assessed; and
(b) the amount of additional football betting duty that is payable by the conductor, and the manner in which and the date on or before which the amount shall be paid.
(4) The conductor shall make payment to the Collector in accordance with the notice of additional assessment.
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### Family Procedure Ordinance 《家事訴訟程序條例》
25. Rule-making powers of Rules Committee
The Rules Committee may—
(a) make rules for regulating and prescribing the practice and procedure for family proceedings in the High Court and the Family Court;
(b) in relation to any matter relating to a family proceeding, make rules for better carrying out the purposes of—
(i) the High Court Ordinance (Cap. 4), in particular sections 14, 14AA, 21M, 26, 41, 42, 44, 52A and 52B of that Ordinance;
(ii) the Guardianship of Minors Ordinance (Cap. 13), in particular section 20 of that Ordinance;
(iii) the Separation and Maintenance Orders Ordinance (Cap. 16), in particular section 9A of that Ordinance;
(iv) section 9(3) of the Marriage Reform Ordinance (Cap. 178);
(v) the Matrimonial Causes Ordinance (Cap. 179), in particular sections 11A, 14 and 49 of that Ordinance;
(vi) the Marriage Ordinance (Cap. 181), in particular section 18A of that Ordinance;
(vii) the Married Persons Status Ordinance (Cap. 182);
(viii) the Legitimacy Ordinance (Cap. 184);
(ix) the Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap. 188);
(x) the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189);
(xi) the Matrimonial Proceedings and Property Ordinance (Cap. 192), in particular sections 12, 25 and 28 of that Ordinance;
(xii) the Adoption Ordinance (Cap. 290), in particular section 5A of that Ordinance;
(xiii) the District Court Ordinance (Cap. 336), in particular sections 47A, 47D, 52B, 53 and 53A of that Ordinance;
(xiv) the Parent and Child Ordinance (Cap. 429), in particular sections 6 and 12 of that Ordinance;
(xv) the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481);
(xvi) the Child Abduction and Custody Ordinance (Cap. 512); and
(xvii) the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639); and
(c) without limiting paragraphs (a) and (b), make rules for the purposes set out in section 26.
### Family Procedure Ordinance 《家事訴訟程序條例》
27. Rule on computation of vacation period not to apply
(Not yet in operation)Section 31 of the High Court Ordinance (Cap. 4) does not apply in relation to a family proceeding in the CFI.
28. Consequential and related amendments
(* partially commenced)
The enactments specified in the Schedule are amended as set out in the Schedule.
Editorial Note:
* This section came into operation on 30 June 2023 (in so far as it relates to section 76 of the Schedule)—see 13 of 2023 s. 1.
### Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance 《內地民商事判決(相互強制執行)條例》
1. Short title
(Amended E.R. 2 of 2024)(1) This Ordinance may be cited as the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance.
(2) (Omitted as spent—E.R. 2 of 2024)
### Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance 《內地民商事判決(相互強制執行)條例》
3. Mainland Judgments in civil or commercial matters
(1) For the purposes of this Ordinance, a Mainland Judgment in a civil or commercial matter is a Mainland Judgment—
(a) that—
(i) is given in proceedings that are civil or commercial in nature under the law of the Mainland; or
(ii) is given in proceedings that are criminal in nature under the law of the Mainland, and contains an order for the payment of a sum of money in respect of compensation or damages by a party to the proceedings; and
(b) that is not an excluded judgment.
(2) Subsection (3) applies if—
(a) a Mainland Judgment is given in respect of different matters; and
(b) had separate Mainland Judgments been given in respect of each of those matters, some, but not all, of those separate Mainland Judgments (qualifying Judgments
4. Hong Kong Judgments in civil or commercial matters
(1) For the purposes of this Ordinance, a Hong Kong Judgment in a civil or commercial matter is a Hong Kong Judgment—
(a) that—
(i) is given in civil proceedings, other than—
(A) proceedings brought by way of judicial review; or
(B) any other proceedings arising directly out of the exercise of an administrative power; or
(ii) is given in criminal proceedings, and contains an order for the payment of a sum of money in respect of compensation or damages by a party to the proceedings; and
(b) that is not an excluded judgment.
(2) Subsection (3) applies if—
(a) a Hong Kong Judgment is given in respect of different matters; and
(b) had separate Hong Kong Judgments been given in respect of each of those matters, some, but not all, of those separate Hong Kong Judgments (qualifying Judgments
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### Copyright Ordinance 《版權條例》
208. Exclusive fixation contracts and persons having fixation rights
(1) In this Part an exclusive fixation contract (獨有錄製合約) means a contract between a performer and another person under which that person is entitled to the exclusion of all other persons (including the performer) to make fixations of one or more of the performer’s performances with a view to their commercial exploitation.
(2) References in this Part to a person having fixation rights (具有錄製權的人), in relation to a performance, are (subject to subsection (3)) to a person— (Amended E.R. 2 of 2019)
(a) who is a party to and has the benefit of an exclusive fixation contract to which the performance is subject; or
(b) to whom the benefit of such a contract has been assigned,
and who is a qualifying person.
(3) If a performance is subject to an exclusive fixation contract but the person mentioned in subsection (2) is not a qualifying person, references in this Part to a person having fixation rights (具有錄製權的人)in relation to the performance are to any person— (Amended E.R. 2 of 2019)
(a) who is licensed by such a person to make fixations of the performance with a view to their commercial exploitation; or
(b) to whom the benefit of such a licence has been assigned,
and who is a qualifying person.
(4) In this section with a view to commercial exploitation (以期作商業利用) means with a view to the fixations being sold or let for hire, or shown or played in public, or issued or made available to the public.
[cf. 1988 c. 48 s. 185 U.K.]
209. Consent required for fixation of performance subject to exclusive contract
(1) A person infringes the rights of a person having fixation rights in relation to a performance who, without the latter’s consent or that of the performer, makes a fixation of the whole or any substantial part of the performance, otherwise than for his private and domestic use.
(2) In an action for infringement of those rights brought by virtue of this section damages shall not be awarded against a defendant who shows that at the time of the infringement he believed on reasonable grounds that consent had been given.
[cf. 1988 c. 48 s. 186 U.K.]
### Copyright Ordinance 《版權條例》
210. Infringement of fixation rights by use of fixation made without consent
(1) A person infringes the rights of a person having fixation rights in relation to a performance who, without the latter’s consent or, in the case of a qualifying performance, that of the performer—
(a) shows or plays in public the whole or any substantial part of the performance; or
(b) communicates to the public the whole or any substantial part of the performance, (Amended 16 of 2022 s. 82)
by means of a fixation which was, and which that person knows or has reason to believe was, made without the appropriate consent.
(2) (Repealed 16 of 2022 s. 82)(3) The reference in subsection (1) to the appropriate consent (適當的同意) is to the consent of— (Amended E.R. 2 of 2019; 16 of 2022 s. 82)
(a) the performer; or
(b) the person who at the time the consent was given had fixation rights in relation to the performance (or, if there was more than one such person, of all of them).
[cf. 1988 c. 48 s. 187 U.K.]
### Copyright Ordinance 《版權條例》
211. Infringement of fixation rights by importing, exporting, possessing or dealing with infringing fixation
(1) A person infringes the rights of a person having fixation rights in relation to a performance who, without the latter’s consent or, in the case of a qualifying performance, that of the performer—
(a) imports into Hong Kong or exports from Hong Kong, otherwise than for his private and domestic use; or
(b) for the purpose of or in the course of any trade or business— (Amended 15 of 2007 s. 52)
(i) possesses;
(ii) makes available to the public;
(iii) sells or lets for hire;
(iv) offers or exposes for sale or hire; or
(v) distributes, (Replaced 64 of 2000 s. 13)
a fixation of the performance which is, and which that person knows or has reason to believe is, an infringing fixation.
(1A) It is immaterial for the purpose of subsection (1)(b) whether or not the trade or business consists of dealing in infringing fixations. (Added 64 of 2000 s. 13)
(2) Where in an action for infringement of those rights brought by virtue of this section a defendant shows that the infringing fixation was innocently acquired by him or a predecessor in title of his, the only remedy available against him in respect of the infringement is damages not exceeding a reasonable payment in respect of the act complained of.
(3) In subsection (2) innocently acquired (不知情地取得) means that the person acquiring the fixation did not know and had no reason to believe that it was an infringing fixation.
[cf. 1988 c. 48 s. 188 U.K.]
212. Acts permitted notwithstanding rights conferred by this Division
The provisions of Division II specify acts which may be done notwithstanding the rights conferred by this Part, being acts which correspond broadly to certain of those specified in Division III of Part II (acts permitted notwithstanding copyright).
[cf. 1988 c. 48 s. 189 U.K.] | 1,288 |
### Lifts and Escalators Ordinance 《升降機及自動梯條例》
150. Applications to comply with regulations made under section 154 etc.
(1) An application made under a relevant provision must comply with any regulation made under section 154.
(2) The person who makes the application must comply with any other requirement imposed by or under any regulation made under that section in relation to the application.
(3) In subsection (1)—
relevant provision (有關條文) means section 26, 28, 29, 33, 56, 58, 59, 63, 74, 75, 78, 79, 82, 83, 86, 87, 90, 91, 94, 95, 98, 99, 100 or 148.
151. Evidence by documents
(1) In any legal proceedings, a copy purporting to be certified by a relevant authority as a true copy of a document or part of a document given, issued or maintained by the authority is admissible in evidence without further proof and in the absence of evidence to the contrary—
(a) is taken as certified by the authority; and
(b) is evidence of the matters so certified.
(2) In any legal proceedings, a document purporting to be given or issued by an authority and purporting to be signed by the authority or any person authorized by the authority in that behalf is admissible in evidence without further proof and, in the absence of evidence to the contrary—
(a) is taken as given or issued by the authority and as so signed; and
(b) is evidence of the facts stated in it.
(3) In subsection (1)—
relevant authority (有關當局) means the Director or the Registrar.
152. Paid fees not refundable
Any prescribed fee paid is not refundable under this Ordinance.
153. Powers to specify forms
The Director may specify any form to be used for the purposes of any matter provided for under this Ordinance.
### Lifts and Escalators Ordinance 《升降機及自動梯條例》
155. Regulations—Fees
The Secretary may by regulation prescribe the fees payable under this Ordinance.
156. Amendment of Schedules
(1) The Secretary may by order published in the Gazette amend any of the Schedules, other than Schedules 15 and 16.
(2) An order under subsection (1) may contain incidental, consequential, supplemental, transitional or savings provisions that are necessary or expedient in consequence of the order.
157. Lifts and Escalators (Safety) Ordinance repealed
The Lifts and Escalators (Safety) Ordinance (Cap. 327) is repealed.
158. Transitional provision for lifts installed on or before 18 March 1994 or being installed on 18 March 1994
(1) Despite the repeal of the Lifts and Escalators (Safety) Ordinance (Cap. 327) by section 157, the repealed Building (Lifts) Regulations (Cap. 123 sub. leg. E) referred to in section 50 of that Ordinance (Lifts Regulations) continue to apply to a lift that was installed on or before 18 March 1994 or was in the process of being installed on that date, and—
(a) if there is a conflict between this Ordinance and the Lifts Regulations, the Lifts Regulations apply in respect of the lift; and
(b) the Director may enforce the Lifts Regulations as if they had been made under this Ordinance.
(2) If the design and construction of a lift referred to in subsection (1) is in accordance with the Lifts Regulations, the design and construction of the lift is to be regarded as good design and construction for the purposes of this Ordinance.
### Lifts and Escalators Ordinance 《升降機及自動梯條例》
159. Transitional provision for escalators installed on or before 18 March 1994 or being installed on 18 March 1994
(1) Despite the repeal of the Lifts and Escalators (Safety) Ordinance (Cap. 327) by section 157, the repealed Building (Escalators) Regulations (Cap. 123 sub. leg. D) referred to in section 50 of that Ordinance (Escalators Regulations) continue to apply to an escalator that was installed on or before 18 March 1994 or was in the process of being installed on that date, and—
(a) if there is a conflict between this Ordinance and the Escalators Regulations, the Escalators Regulations apply in respect of the escalator; and
(b) the Director may enforce the Escalators Regulations as if they had been made under this Ordinance.
(2) If the design and construction of an escalator referred to in subsection (1) is in accordance with the Escalators Regulations, the design and construction of the escalator is to be regarded as good design and construction for the purposes of this Ordinance.
160. Transitional and savings provisions, and consequential or related amendments
(1) The transitional and savings provisions specified in Schedule 15 have effect.
(2) The enactments specified in Schedule 16 are amended as set out in that Schedule.
### Lifts and Escalators Ordinance 《升降機及自動梯條例》
161. Effect of amendments to sections 82 and 94 by sections 19 and 20 of Schedule 16
The amendments to sections 82(1) and 94(1) effected by sections 19 and 20 of Schedule 16 (those 2 sections of Schedule 16
| 1,289 |
### Hong Kong Auxiliary Police Force Regulations 《香港輔助警隊規例》
1. Citation
These regulations may be cited as the Hong Kong Auxiliary Police Force Regulations.
(29 of 1969 s. 2; 76 of 1999 s. 3)
2. Interpretation
In these regulations, unless the context otherwise requires—
government regulations (政府規例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (76 of 1999 s. 3)
training (訓練) means duty not being active service or voluntary duty, pursuant to an order of the Commissioner; (L.N. 46 of 1967; L.N. 238 of 1980)
training period (訓練期) means training for any period not exceeding 1 hour in duration; (L.N. 46 of 1967)
volunteer (志願人員) means a member other than a person upon whom a liability to enrol therein has been imposed under the provisions of the Compulsory Service Ordinance (Cap. 246).
3. Efficiency
(1) Save in so far as the Commissioner may by order in writing exempt any member therefrom, every member shall in each year of service comply with the following requirements as to efficiency—
(a) perform such periods of training, not exceeding in the aggregate 14 days, as the Commissioner may from time to time by order direct; and
(b) perform, to the satisfaction of the Commissioner, such number of training periods, not being less than 60 nor more than 100, as the Commissioner may from time to time by order direct.
(2) For the purposes of this regulation, every year shall be deemed to commence on 1 April and expire on 31 March next following.
(3) Nothing in this regulation shall be construed to prevent a member from volunteering, subject to the prior consent of the Commissioner, for additional training.
(L.N. 46 of 1967)
4. Clothing, equipment and weapons
Such clothing, equipment and weapons as the Commissioner may direct shall be issued to members, but shall be and shall remain the property of the Government.
(L.N. 238 of 1980)
5. Application for enrolment by volunteers
Applications for enrolment in the Force by volunteers shall be made in writing in the form prescribed in the Schedule and addressed to the Commissioner.
### Hong Kong Auxiliary Police Force Regulations 《香港輔助警隊規例》
6. Resignation of volunteers, etc.
(1) Subject to the provisions of paragraph (2), a volunteer may resign from the Force by giving to the Commissioner not less than 1 month’s notice in writing of his intention to resign.
(2) If, at the time any such notice of intention to resign expires, the volunteer by whom such notice was given is on active service, he shall, notwithstanding the expiration of such notice, continue to serve until the order by which he was called out for active service is cancelled, and any volunteer who fails so to continue to serve shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 12 months. (E.R. 7 of 2020)
(L.N. 238 of 1980)
7. Resignation of conscript members
The resignation of a member, other than a volunteer, shall be subject to the provisions of the Compulsory Service Ordinance (Cap. 246).
8. Retirement
(1) The Commandant shall retire on reaching the age of 60 years, or such later age as the Chief Executive may allow in any particular case; and other members shall retire on reaching the age of 55 years or such later age as the Commissioner may, in conformity with paragraph (2), allow in any particular case. (76 of 1999 s. 3)
(2) The Commissioner shall not under paragraph (1) allow an extension of membership—
(a) for a period exceeding 2 years at a time; or
(b) beyond the age of 60 years.
(L.N. 242 of 1977)
9. Recovery of the cost of uniforms in certain cases
If any volunteer ceases to be a member by resignation or dismissal, otherwise than under the provisions of regulation 11, within 12 months after enrolment, he shall, if so required by the Commissioner, in addition to delivering up any clothing issued to him for the purpose of his service in the Force, pay to the Commissioner the cost price to Government of such clothing at the date of issue, and such price shall be recoverable by the Commissioner upon complaint before a magistrate.
### Hong Kong Auxiliary Police Force Regulations 《香港輔助警隊規例》
10. Medical treatment
Any member who sustains any injury or contracts any illness in the course of and arising out of the discharge of duty or which is directly attributable to the discharge of such duty shall be entitled—
(a) to medical treatment, including admission to hospital, in the manner prescribed by the government regulations for members of the Police Force of equivalent rank; and (76 of 1999 s. 3)
(b) to receive pay and allowances at the rates provided by section 9 of the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254) in respect of training until such time as—
(i) a Government medical officer certifies that he has recovered from such injury or illness; or
(ii) he ceases to be a member. (20 of 1997 s. 12)
11. Invaliding
Whenever any member is certified, by a medical board appointed by the Chief Executive, unfit for further service on account of ill health, the Commissioner shall inform such member in writing that he has been invalided out of the Force and he shall thereupon cease to be a member.
(76 of 1999 s. 3)
| 1,290 |
### High Court Ordinance 《高等法院條例》
11A. Term of office of judges
(1) A judge of the High Court must vacate his office when he attains the retirement age.
(2) Notwithstanding the fact that he has attained the retirement age, a person holding the office of a judge of the High Court may continue in office for so long after attaining the retirement age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.
(3) Notwithstanding subsection (1)—
(a) a person who has attained the age of 70 years may be appointed to be a judge of the High Court (whether or not the person has previously held office as such) for a specified period or periods not exceeding 5 years in the aggregate by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission; and (Replaced 10 of 2019 s. 4)
(b) the term of office of a judge of the High Court (other than a person appointed to be a judge under paragraph (a)) may be extended for a specified period or periods not exceeding 5 years in the aggregate by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission,
and in any such case the judge is accordingly to be regarded as having attained the retirement age at the expiration of the specified period or periods.
(4) A judge of the High Court may at any time resign his office by notice in writing addressed to the Chief Executive.
(5) In this section—
retirement age (退休年齡), for a judge of the High Court, means—
(a) unless paragraph (b) applies—the age of 70 years;
(b) if the judge could have opted for the retirement age (extension) arrangement pursuant to section 11A of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) or the Circular, and has not so opted—the age of 65 years. (Replaced 10 of 2019 s. 4)
(Added 26 of 1997 s. 3. Amended 25 of 1998 s. 2; 10 of 2019 s. 4)
### High Court Ordinance 《高等法院條例》
11B. Transitional provisions relating to retirement age (extension) arrangement
(1) In this section—
specified judge (指明法官) means a judge of the High Court—
(a) whose term of office has been extended under section 11A(3)(b) before the commencement date* of the Judicial Officers (Extension of Retirement Age) (Amendment) Ordinance 2019 (10 of 2019); and
(b) who has opted for the retirement age (extension) arrangement pursuant to section 11A of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) or the Circular.
(2) If, but for this section, the extended term of office of a specified judge would have expired before the judge attains the age of 70 years, the judge’s term of office is extended to the date immediately before the judge attains the age of 70 years.
(3) When a specified judge attains the age of 70 years, the judge’s term of office may be further extended under section 11A(3)(b) for a specified period or periods not exceeding 5 years in the aggregate, as if the judge’s term of office had not previously been extended.
(Added 10 of 2019 s. 5) Editorial Note:
* Commencement date: 6 December 2019.
12. Jurisdiction of Court of First Instance
(1) The Court of First Instance shall be a superior court of record.
(2) The civil jurisdiction of the Court of First Instance shall consist of—
(a) original jurisdiction and authority of a like nature and extent as that held and exercised by the Chancery, Family and Queen’s Bench Divisions of the High Court of Justice in England; and
(b) any other jurisdiction, whether original or appellate jurisdiction, conferred on it by any law.
(3) The criminal jurisdiction of the Court of First Instance shall consist of—
(a) original jurisdiction of a like nature and extent as that held and exercised in criminal matters by the High Court of Justice and the Crown Court in England respectively; and
(b) any other jurisdiction, whether original or appellate jurisdiction, conferred on it by any law.
(4) (Repealed 81 of 1997 s. 59)(Amended 25 of 1998 s. 2)
### High Court Ordinance 《高等法院條例》
12B. Mode of exercise of Admiralty jurisdiction
(1) Subject to section 12C an action in personam may be brought in the Court of First Instance in all cases within the Admiralty jurisdiction of that court.
(2) In the case of any such claim as is mentioned in section 12A(2)(a), (c) or (r) or any such question as is mentioned in section 12A(2)(b), an action in rem may be brought in the Court of First Instance against the ship or property in connection with which the claim or question arises and such action shall be deemed to be brought by and upon the issue of the writ in rem.
(3) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in the Court of First Instance against that ship, aircraft or property.
(4) In the case of any such claim as is mentioned in section 12A(2)(e) to (q), where—
(a) the claim arises in connection with a ship; and
(b) the person who would be liable on the claim in an action in personam (the relevant person
| 1,291 |
### Consumer Council Ordinance 《消費者委員會條例》
5. Powers of Council
(1) The Council may do such things as are reasonably necessary to enable it to carry out its functions.
(2) Without restricting the generality of subsection (1), the Council may in carrying out its functions—
(a) acquire, hold and dispose of all kinds of property movable and immovable and in any manner which it thinks fit;
(b) enter into any contract;
(c) undertake the testing and examination of goods and services and inspection of immovable property; (Amended 5 of 1992 s. 3)
(d) produce or distribute, by way of sale or otherwise, any publication which is of interest to consumers;
(e) do any thing which it may do under this Ordinance in association or co-operation with any other person or sponsor any other person to do that thing;
(f) charge for the use of any facility or service provided by the Council;
(g) with the prior approval of the Chief Executive, become a member of or affiliate to any international body concerned with consumer matters. (Amended 66 of 2000 s. 3)
### Consumer Council Ordinance 《消費者委員會條例》
6. Membership of Council
(1) The Council shall consist of the following members—
(a) a Chairman who shall be appointed by the Chief Executive for a term not exceeding 2 years;
(b) a Vice-Chairman who shall be appointed by the Chief Executive for a term not exceeding 2 years; and (Replaced 28 of 1985 s. 2)
(c) not more than 20 other persons each of whom shall be appointed by the Chief Executive for a term not exceeding 2 years. (Replaced 28 of 1989 s. 2)
(2) The Chairman, Vice-Chairman and any other member appointed under subsection (1)(c) may be reappointed upon expiry of their respective terms of office. (Amended 28 of 1985 s. 2)
(3) The Chairman, Vice-Chairman and any other member appointed under subsection (1)(c) may at any time— (Amended 28 of 1985 s. 2)
(a) resign his office by notice to the Chief Executive; or
(b) be removed therefrom by the Chief Executive for permanent incapacity or other sufficient cause,
and upon such resignation or removal the term for which he was appointed shall be deemed to have expired.
(4) Where the Chairman, Vice-Chairman or any other member appointed under subsection (1)(c) is precluded by temporary incapacity or other cause from exercising his functions as such for any period the Chief Executive may appoint another person to act in place of the Chairman, Vice-Chairman or other member during such period with all such rights, powers, duties or liabilities as if he had been appointed under subsection (1). (Amended 28 of 1985 s. 2)
(5) (Repealed 28 of 1985 s. 2)(6) Where any question arises under subsection (3) or (4) as to whether any incapacity or cause exists or whether any incapacity is temporary or permanent or any cause sufficient, the decision of the Chief Executive thereon shall be final.
(Amended 66 of 2000 s. 3)
### Consumer Council Ordinance 《消費者委員會條例》
7. Meetings of Council
(1) Meetings of the Council shall be held at such times and places as the Council, the Chairman or in his absence, the Vice-Chairman may from time to time appoint.
(2) The following procedural provisions shall apply to every meeting of the Council and subject thereto the Council may regulate its own procedure—
(a) at meetings of the Council 11 members shall form a quorum; (Replaced 28 of 1989 s. 3. Amended 5 of 1992 s. 4)
(b) the Chairman or in his absence, the Vice-Chairman shall preside or, if both are absent or disqualified under section 9(c), the members present shall appoint one of their number to preside;
(c) every question shall be determined by a majority of votes of the members present and voting thereon;
(d) in the event of an equality of votes the member presiding shall have a casting vote in addition to his ordinary vote.
(Amended 28 of 1985 s. 3)
8. Committees
(1) The Council may appoint committees and may delegate to them the exercise and performance of any of its powers and functions except this power of delegation.
(2) Persons who are not members of the Council are eligible for appointment to committees.
(3) Subject to the terms of any delegation by the Council, every committee—
(a) may exercise and perform the delegated powers and functions with the same effect as if it were the Council itself;
(b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary;
(c) may regulate its own procedure.
9. Disclosure of member’s interest
If a member of the Council, or of any committee of the Council, has a direct or indirect commercial interest in any matter under discussion at a meeting of the Council or of the committee, being an interest greater than that which he has as a member of the general public, the following provisions shall apply—
(a) he shall disclose the nature of his interest at the meeting;
(b) the disclosure shall be recorded in the minutes;
(c) where the disclosure is made by the member presiding, he shall vacate the chair during the discussion;
(d) the member (including one who has vacated the chair under paragraph (c)) shall, if so required by the member presiding, withdraw from the meeting during the discussion and shall not in any case, except as otherwise determined by the member presiding, vote on any resolution concerning the matter or be counted for the purpose of establishing the existence of a quorum.
| 1,293 |
### Sex Discrimination Ordinance 《性別歧視條例》
65. Research and education
(1) The Commission may undertake or assist (financially or otherwise) the undertaking by other persons of any research, and any educational activities, which appear to the Commission necessary or expedient for the performance of its functions.
(2) The Commission may impose reasonable charges for educational or other facilities or services made available by it.
(3) The Commission shall not provide any financial assistance under subsection (1) except with the prior approval of the Secretary for Constitutional and Mainland Affairs given, after consulting with the Secretary for Financial Services and the Treasury, generally or in any particular case. (Amended L.N. 106 of 2002; L.N. 130 of 2007)
66. Review of Schedule 5
(Amended 18 of 2014 s. 18)(1) Without prejudice to the generality of section 64(1), the Commission, pursuant to its functions under paragraphs (a) and (b) of that section, shall keep Schedule 5 under review. (Amended 18 of 2014 s. 18)
(2) Whenever the Commission thinks it necessary, it shall draw up and submit to the Chief Executive proposals for— (Amended 66 of 1999 s. 3)
(a) (Repealed 18 of 2014 s. 18)(b) amending Schedule 5.
67. Delegations
(1) Subject to subsection (2), the Commission may, with or without restrictions as it thinks fit, delegate in writing any of its functions or powers to—
(a) any member of the Commission;
(b) any committee;
(c) any employee of the Commission;
(d) any conciliator.
(2) The Commission shall not delegate any of its functions or powers under—
(a) subsection (1) or section 64(2)(a) or 88;
(b) any provisions of any regulations made under section 89 which are specified in the regulations as provisions which shall not be subject to subsection (1);
(c) any provisions of any rules made under section 88 which are specified in the rules as provisions which shall not be subject to subsection (1);
(d) any provisions of Schedule 6 which are specified in that Schedule as provisions which shall not be subject to subsection (1).
(3) A delegate of the Commission—
(a) shall perform the delegated functions and may exercise the delegated powers as if the delegate were the Commission; and
(b) shall be presumed to be acting in accordance with the relevant delegation in the absence of evidence to the contrary.
### Sex Discrimination Ordinance 《性別歧視條例》
68. Protection of members of Commission, etc.
(1) No person to whom this subsection applies, acting in good faith, is personally liable in damages for any act done or default made in the performance or purported performance of any function, or the exercise or purported exercise of any power, imposed or conferred on the Commission under this Ordinance.
(2) The protection conferred by subsection (1) on any person to whom that subsection applies in respect of any act or default does not in any way affect the liability of the Commission for that act or default.
(3) Subsection (1) applies to the following persons— (Amended 18 of 2014 s. 19)
(a) a member of the Commission or a committee;
(b) an employee of the Commission;
(c) a conciliator.
(Amended 18 of 2014 s. 19)
### Sex Discrimination Ordinance 《性別歧視條例》
70. Power to conduct formal investigations
Without prejudice to the generality of section 64(1), the Commission may if it thinks fit, and shall if required by the Chief Secretary for Administration, conduct a formal investigation for any purpose connected with the carrying out of any of its functions under that section.
(Amended L.N. 362 of 1997)
71. Terms of reference
(1) The Commission shall not embark on a formal investigation unless the requirements of this section have been complied with.
(2) Terms of reference for the formal investigation shall be drawn up by the Commission or, if the Commission was required by the Chief Secretary for Administration to conduct the investigation, by the Chief Secretary for Administration after consulting the Commission. (Amended L.N. 362 of 1997)
(3) It shall be the duty of the Commission to give general notice of the holding of the formal investigation unless the terms of reference confine it to activities of persons named in them, but in such a case the Commission shall in the prescribed manner give those persons notice of the holding of the investigation.
(4) Where the terms of reference of the formal investigation confine it to activities of persons named in them and the Commission in the course of it proposes to investigate any act made unlawful by this Ordinance which it believes that a person so named may have done, the Commission shall—
(a) inform that person of its belief and of its proposal to investigate the act; and
(b) offer him an opportunity of making oral or written representations with regard to it (or both oral and written representations if he thinks fit),
and a person so named who avails himself of an opportunity under this subsection of making oral representations may be represented—
(i) by counsel or a solicitor; or
(ii) by some other person of his choice, not being a person to whom the Commission objects on the ground that he is unsuitable.
(5) The Commission or, if the Commission was required by the Chief Secretary for Administration to conduct the formal investigation, the Chief Secretary for Administration after consulting the Commission may from time to time revise the terms of reference; and subsections (1), (3) and (4) shall apply to the revised investigation and terms of reference as they applied to the original. (Amended L.N. 362 of 1997)
| 1,294 |
### Magistrates Ordinance 《裁判官條例》
31. Form and execution of warrant, etc.
(1) Every warrant to apprehend a defendant in order that he may answer to any complaint or information shall be under the hand and seal of the magistrate issuing the same, and may be directed either to any police officer by name or generally to all the police officers within Hong Kong. (Amended 59 of 1994 s. 6)
(2) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or otherwise describe as far as practicable the person against whom it has been issued, and it shall order the person to whom it is directed to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law.
(3) It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in full force until it is executed or until it is withdrawn by any magistrate. (Amended 32 of 1966 s. 2)
(4) The warrant may be executed by apprehending the defendant at any place within Hong Kong or the waters thereof; in every case where the warrant is directed to all police officers within Hong Kong, it shall be lawful for any police officer to execute the warrant in like manner as if it were directed specially to such police officer by name: (Amended 59 of 1994 s. 6)
Provided that no objection shall be taken or allowed to any warrant to apprehend a defendant so issued on any such complaint or information as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the complainant or informant but if any such variance appears to the magistrate at the hearing to be such that the party apprehended has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as the magistrate may think fit, or to admit him to bail. (See Forms 6-9)
32. Non-avoidance of summons or warrant by death of magistrate
Any warrant or summons issued by a magistrate under this or any other enactment shall not be avoided by reason of the magistrate who signed the same dying or ceasing to hold office.
(Amended 25 of 1998 s. 2)[cf. 1879 c. 49 s. 37 U.K.]
### Magistrates Ordinance 《裁判官條例》
33. Description of offences, exceptions, exemptions, etc. warrants, forfeiture, etc.
The following provisions shall apply to proceeding before magistrates—
(a) the provisions of the Indictment Rules (Cap. 221 sub. leg. C) which relate to the description of an offence in an indictment; (Replaced 36 of 1976 s. 9. Amended E.R. 2 of 2018)
(b) (Repealed 5 of 1971 s. 13)(c) a warrant of commitment shall not be held void by reason of any defect therein, if it is alleged that the offender has been convicted or ordered to do or to abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same;
(d) a warrant of distress shall not be deemed void by reason only of any defect therein, if it is therein alleged that a conviction or order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in execution of a warrant of distress; and
(e) all goods forfeited by order of a magistrate may be sold in such manner as the magistrate may direct.
[cf. 1879 c. 49 s. 39 U.K.]
34. Minute of proceedings
(1) In all proceedings under this Part the magistrate at the hearing shall take or cause to be taken a full minute in writing, or a record whether by means of shorthand notes or mechanical means or otherwise, so far as circumstances permit, of the following matters— (See Form 19)
### Magistrates Ordinance 《裁判官條例》
35. Register of cases and proof thereof
(1) The magistrates’ clerk shall keep a register in the prescribed form of the minutes or memoranda of all the convictions and orders of the magistrate and of such other proceedings as are directed by rules made under section 133 to be registered. (Amended 2 of 1955 s. 4)
(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.
(3) The entries relating to each minute, memorandum or proceeding shall contain the name of the magistrate before whom the conviction, order or proceeding referred to therein was made or had.
(4) Every sum paid to the magistrates’ clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by rules made under section 133.
(5) (Repealed 14 of 1979 s. 2)[cf. 1879 c. 49 s. 22 U.K.] | 1,297 |
### Building (Planning) Regulations 《建築物(規劃)規例》
66. Maintenance of hoardings, etc.
(1) Every building owner shall erect hoardings, covered walkways and gantries in accordance with the permit issued under regulation 65 prior to the commencement of the building works specified in regulation 64, and shall maintain such hoardings, covered walkways and gantries in good repair during the continuance of the permit.
(2) Except on isolated sites, all hoardings, unless exempted by the Building Authority, shall be close boarded.
(3) No hoarding, covered walkway, gantry or building materials shall obstruct any drainage channel.
(4) No advertisement other than a description of the building and the names of any persons concerned in its construction shall be displayed on any such hoarding or covered walkway.
(G.N.A. 83 of 1959; G.N.A. 75 of 1962)
67. Liability of permittee
(1) Where any building owner fails to comply with any requirement made, pursuant to the provisions of regulation 65, by the Building Authority or with the provisions of regulation 66 or causes any damage to Government property in the erection or maintenance of such hoardings, covered walkways and gantries, the Building Authority may cause to be erected and maintained such hoardings, covered walkways and gantries as he may deem necessary and may carry out any work necessary to secure compliance with any requirement made pursuant to regulation 65, and may make good any such damage. (G.N.A. 83 of 1959; G.N.A. 75 of 1962)
(2) The Building Authority may recover the cost of such work from the building owner.
68. Live wire or cable to be made safe
Where any hoarding, covered walkway or gantry is erected near to any live wire or cable, the permittee shall arrange with the owners of such wire or cable, to take the necessary precautions to render safe such wire or cable.
(G.N.A. 83 of 1959; G.N.A. 75 of 1962)
69. Deposit of security
The Building Authority may require any person, to whom a permit is issued to erect any hoarding, covered walkway or gantry in, over or upon Government land, to make a deposit in the Treasury of a sum not exceeding $500 as security for the fulfilment of all obligations of the permittee. The amount of the deposit shall be fixed by the Building Authority who shall consider the circumstances of each particular case.
(G.N.A. 83 of 1959; G.N.A. 75 of 1962; 29 of 1998 s. 28)
### Building (Planning) Regulations 《建築物(規劃)規例》
70. Cancellation of permit
The Building Authority may in the public interest cancel any permit to erect and require the removal of any hoarding, covered walkway or gantry even if the permittee has fulfilled all his obligations.
(G.N.A. 83 of 1959; G.N.A. 75 of 1962)
71. Power of Building Authority to permit windows, etc. to face or ventilate into unenclosed verandah, etc.
(1) Where, by any of these regulations, any window or vent or any other part of any building is required to face or to ventilate, directly or otherwise, into the external air or into the open air or any aperture or airshaft is required to communicate with the open air, the Building Authority may, subject to the provisions of paragraph (2), where he thinks fit, permit such window, vent or other part of any building, as the case may be, to face or to ventilate into, or such aperture or airshaft to communicate with, an unenclosed verandah or balcony or any other unenclosed place.
(2) The Building Authority shall not give his permission under this regulation unless he is satisfied that to do so will not be to the prejudice of the standards of lighting or ventilation laid down by these regulations or the health of the occupiers of the building.
(3) Where he gives his permission under this regulation, the Building Authority may, upon giving his approval of the plans of the building works, impose such conditions as he considers necessary.
(G.N.A. 83 of 1959)
### Building (Planning) Regulations 《建築物(規劃)規例》
72. Buildings to be planned for use by persons with a disability
(1) Subject to paragraphs (3) and (4) and notwithstanding any other provisions (other than the provisions under this regulation) in these regulations, where a building is one to which persons with a disability have, or may reasonably be expected to have, access, that building shall be designed to the satisfaction of the Building Authority in such a manner as will facilitate the access to, and use of, that building and its facilities by persons with a disability. (L.N. 239 of 1997)
(2) A building shall be deemed to be designed in accordance with paragraph (1) if its design complies with the requirements set out in Part 2 of the Third Schedule. (L.N. 124 of 2008)
(3) The provisions of this regulation shall apply to the categories of buildings specified in the first column of Part 4 of the Third Schedule only to the extent specified in the second column thereof. (L.N. 124 of 2008)
(4) The provisions of this regulation shall not apply to—
(a) buildings of 13 m or less in height above ground level which are used, or intended to be used, for occupation by a single family; or
(b) temporary buildings or contractor’s sheds referred to in Part VII. (L.N. 239 of 1997)
(L.N. 365 of 1984)
| 1,297 |
### Commissions of Inquiry Ordinance 《調查委員會條例》
1. Short title
This Ordinance may be cited as the Commissions of Inquiry Ordinance.
2. Appointment of Commission
(1) The Chief Executive in Council may appoint one or more Commissioners (hereinafter referred to as a Commission
3. Directions to Commission
The Chief Executive in Council may specify the subject of the inquiry and may direct— (Amended 25 of 1998 s. 2)
(a) when and where the inquiry is to be held, to whom and by what time a report thereon is to be rendered, and may from time to time enlarge the time within which such inquiry is to be held and such report rendered;
(b) without prejudice to the powers of the Commission to receive and consider such other evidence as it may think fit, what material should be received and considered by the Commission;
(c) what matters should be outside the terms of reference of the Commission;
(d) that the evidence of certain persons or classes of persons be taken, either orally or in writing, and that certain documents or classes of documents be inspected by the Commission;
(e) without prejudice to the powers conferred upon the Commission by section 4(1)(i), that the holding of the inquiry or parts thereof be in camera; (Amended 49 of 1976 s. 2)
(f) that the Commissioners take the oath or affirmation in the form set out in the Schedule; and (See Form 1)
4. Powers of Commission
(1) The Commission may, for the purpose of complying with the directions issued under section 3 and for conducting the inquiry generally—
(a) receive and consider any material whether by way of oral evidence, written statements, documents or otherwise, notwithstanding that such material would not be admissible as evidence in civil or criminal proceedings;
(b) determine the manner in which such material shall be received and what persons or class of persons shall be permitted or required to give evidence:
Provided that the contents of any document submitted to the Commission, not being of a scurrilous or offensive nature, shall be considered by the Commission, notwithstanding that the person submitting such document is, in addition, permitted or required to give evidence;(c) require any person who wishes to give evidence before the Commission to submit a summary in writing of the evidence proposed to be given;
(d) summon any person in the form set out in the Schedule to attend to give evidence or to produce any article or document; (See Form 2)
### Commissions of Inquiry Ordinance 《調查委員會條例》
5. Conduct of inquiry
Without derogating from the generality of the power conferred under section 4(1)(m) the Commission may— (Amended 49 of 1976 s. 4)
(a) order the manner in which any person shall give his oral evidence and may specify that this shall be by way of cross-examination without any examination-in-chief; and (Amended E.R. 4 of 2019)
(b) determine who may address the Commission, on what matters and in what order.
6. Right to representation
(1) Any person whose conduct is the subject of an inquiry, or who is implicated or concerned in the subject matter of the inquiry, shall, subject to the provisions of section 4, be entitled to be represented by a barrister or solicitor at the inquiry.
(2) For the purpose of subsection (1), the Commission shall determine whether the conduct of any person is the subject of the inquiry or whether a person is in any way implicated or concerned in the subject matter of the inquiry.
(3) The Chief Executive, any Government department and any public officer shall, notwithstanding the provisions of subsections (1) and (2) but subject to the provisions of section 4, be entitled to be represented at the inquiry by a legal officer, or by a barrister or solicitor who may— (Amended 25 of 1998 s. 2)
(a) address the Commission on any matter on which he is so instructed by the Chief Secretary for Administration or by the Secretary for Justice; and (Amended L.N. 226 of 1976; L.N. 362 of 1997; E.R. 4 of 2019)
(b) produce evidence in such form as the Commission may permit on any matter.
(4) The Commission may appoint a legal officer nominated by the Secretary for Justice, a barrister or a solicitor to act as counsel for the Commission. (Amended L.N. 362 of 1997)
7. Use of evidence in civil and criminal proceedings
Evidence given by any person before the Commission shall not be admissible against him in any civil or criminal proceedings by or against him, except where he is charged with any offence under Part V (Perjury) of the Crimes Ordinance (Cap. 200) or is proceeded against under section 8 or 9.
### Commissions of Inquiry Ordinance 《調查委員會條例》
7A. Production of documents, and evidence, to Commission’s inspectors
(1) It shall be the duty of all officers and agents of a public body or other body of persons to produce to an inspector appointed under section 4(1)(ma) to inspect its books and documents, all books and documents in their custody or power of or relating to such body’s affairs or the affairs of any other body of persons the books and documents of which the inspector is appointed under section 4(1)(ma) to inspect, and otherwise to give to the inspector all assistance that they are reasonably able to give.
(2) In this section, any reference to officers or to agents of a public body or other body of persons shall include past, as well as present, officers or agents, as the case may be, and for the purposes of this section agents (代理人) shall include the bankers and solicitors of such body and any person employed by such body as auditor, whether such person is or is not an officer of such body.
(Added 49 of 1976 s. 5) | 1,298 |
### Companies Ordinance 《公司條例》
6. Offering shares or debentures to public, etc.
(1) In this Ordinance, a reference to offering shares or debentures of a company to the public includes offering them to a section of the public, whether selected—
(a) as members or debenture holders of the company;
(b) as clients of the person making the offer; or
(c) in any other manner.
(2) In this Ordinance and in a company’s articles, a reference to an invitation to the public to subscribe for shares or debentures of a company includes an invitation to a section of the public, whether selected—
(a) as members or debenture holders of the company;
(b) as clients of the person making the invitation; or
(c) in any other manner.
(3) Neither subsection (1) nor subsection (2) operates to treat a private offer of shares or debentures, or a private invitation to subscribe for shares or debentures, as an offer or invitation made to the public.
(4) In particular—
(a) a provision in a company’s articles prohibiting invitations to the public to subscribe for shares or debentures is not to be regarded as prohibiting a private invitation to subscribe for shares or debentures to be made to members or debenture holders; and
(b) the provisions of this Ordinance relating to private companies are to be construed accordingly.
(5) In this section, an offer of shares or debentures, or an invitation to subscribe for shares or debentures, is a private offer or invitation if the offer or invitation can properly be regarded, in all the circumstances, as being—
(a) not calculated to result, directly or indirectly, in the shares or debentures becoming available for subscription or purchase by persons other than those receiving the offer or invitation; or
(b) a domestic concern of the persons making and receiving the offer or invitation.
7. Limited company
For the purposes of this Ordinance, a company is a limited company if it is a company limited by shares or by guarantee.
8. Company limited by shares
(1) For the purposes of this Ordinance, a company is a company limited by shares if the liability of its members is limited by the company’s articles to any amount unpaid on the shares held by the members.
(2) For the purposes of subsection (1), the liability of the members of an existing company is to be regarded as being limited by the company’s articles to any amount unpaid on the shares held by the members if a condition of the memorandum of association of the company stating that the liability of the members is limited is regarded as a provision of the articles by virtue of section 98.
### Companies Ordinance 《公司條例》
9. Company limited by guarantee
(1) For the purposes of this Ordinance, a company is a company limited by guarantee if—
(a) it does not have a share capital; and
(b) the liability of its members is limited by the company’s articles to the amount that the members undertake, by those articles, to contribute to the assets of the company in the event of its being wound up.
(2) Subsection (1)(a) does not apply if the company was formed as, or became, a company limited by guarantee under a former Companies Ordinance before 13 February 2004.
10. Unlimited company
For the purposes of this Ordinance, a company is an unlimited company if there is no limit on the liability of its members.
11. Private company
(1) For the purposes of this Ordinance, a company is a private company if—
(a) its articles—
(i) restrict a member’s right to transfer shares;
(ii) limit the number of members to 50; and
(iii) prohibit any invitation to the public to subscribe for any shares or debentures of the company; and
(b) it is not a company limited by guarantee.
(2) In subsection (1)(a)(ii)—
member (成員) excludes—
(a) a member who is an employee of the company; and
(b) a person who was a member while being an employee of the company and who continues to be a member after ceasing to be such an employee.
(3) For the purposes of this section, 2 or more persons who hold shares in a company jointly are to be regarded as one member.
12. Public company
For the purposes of this Ordinance, a company is a public company if—
(a) it is not a private company; and
(b) it is not a company limited by guarantee.
### Companies Ordinance 《公司條例》
13. Holding company
(1) For the purposes of this Ordinance, a body corporate is a holding company of another body corporate if—
(a) it controls the composition of that other body corporate’s board of directors;
(b) it controls more than half of the voting rights in that other body corporate; or
(c) it holds more than half of that other body corporate’s issued share capital.
(2) For the purposes of this Ordinance, a body corporate is also a holding company of another body corporate if it is a holding company of a body corporate that is that other body corporate’s holding company.
(3) For the purposes of subsection (1)(a), a body corporate controls the composition of another body corporate’s board of directors if it has power to appoint or remove all, or a majority, of that other body corporate’s directors without any other person’s consent.
(4) For the purposes of subsection (3), a body corporate has the power to make such an appointment if—
(a) without the exercise of the power in a person’s favour by the body corporate, the person cannot be appointed as a director of that other body corporate; or
(b) it necessarily follows from a person being a director or other officer of the body corporate that the person is appointed as a director of that other body corporate.
(5) In subsection (1)(c), a reference to a body corporate’s issued share capital excludes any part of it that carries no right to participate beyond a specified amount in a distribution of profits or capital.
| 1,299 |
### Partition Ordinance 《分劃條例》
1. Short title
This Ordinance may be cited as the Partition Ordinance.
1A. Interpretation
In this Ordinance, unless the context otherwise requires—
Court
2. Power to order partition or sale of property in land
Subject to this Ordinance, where any property in land is held by 2 or more persons, whether as joint tenants or as tenants in common, the Court may—
(a) make an order under section 4 for a partition of the property;
(b) make an order under section 6 for a sale of the property; or
(c) refuse to make any order.
[cf. 1540 c. 32 s. 1 U.K.]
### Partition Ordinance 《分劃條例》
3A. Addition of Secretary for Justice as defendant
(1) In any proceedings under this Ordinance the Secretary for Justice may at any stage of the proceedings apply to the Court to be joined as a party, and on such application the Court shall add him as a defendant.
(2) The Secretary for Justice shall serve notice of his addition as a party, on every other party to this proceedings.
(3) Any provision in this Ordinance or the Partition Rules (Cap. 352 sub. leg. A) by which any document is required to be served on the Director shall, where the Secretary for Justice is added as a defendant under subsection (1), have effect thereafter as if it required the Secretary for Justice to be served as a party and not the Director. (Amended L.N. 446 of 1994; E.R. 4 of 2021)
(Added 19 of 1987 s. 4. Amended L.N. 362 of 1997)
### Partition Ordinance 《分劃條例》
3B. Memorandum for stay of proceedings
(1) In any proceedings under this Ordinance, at any stage except after the addition of the Secretary for Justice if such be the case, the Director may notify in writing the parties of his intention to seek advice on any matter arising out of the proceedings and shall file in Court a memorandum of such notification and no fee shall be charged in respect of the memorandum. (Amended L.N. 362 of 1997)
(2) Where any memorandum is so filed in respect of proceedings, then, unless otherwise ordered by a judge, the proceedings shall, by virtue of this section, be stayed for such period, being not less than 14 days, as may be prescribed, and during such period (unless otherwise ordered by a judge) time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run.
(3) The filing of a memorandum under this section—
(a) shall not operate to prevent the making of—
(i) an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and manager; or
(ii) any other order which, in the opinion of a judge, is necessary to prevent an irremediable injustice;
(b) unless otherwise ordered by a judge, shall not operate to prevent the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect any order mentioned in paragraph (a) or a decree to the like effect.
(4) The period for which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge.
(5) The powers of a judge under this section in relation to a memorandum may be exercised by the Registrar, subject to any provisions in the High Court Ordinance (Cap. 4) or rules made thereunder in respect of the jurisdiction of the Registrar in proceedings for the grant of an injunction. (Amended 25 of 1998 s. 2)
(6) In this section—
judge
### Partition Ordinance 《分劃條例》
4. Partition of property in land
(1) In any proceedings instituted under this Ordinance the Court may, subject to subsection (2), make an order for the partition of property in land in any of the following ways—
(a) into parcels held by single owners in severalty;
(b) into parcels held by 2 or more owners as joint tenants;
(c) into parcels held by 2 or more owners as tenants in common,
and may partition the property in all those ways or in any combination of them and give all necessary or proper consequential directions. (Amended L.N. 235 of 1996)
(2) Where there is a building on any land, the Court shall not partition the property in that land so that part only of a building stands on any parcel into which the property in the land is partitioned unless that part of the building is self-contained and is not connected to the remainder of the building otherwise than by a party-wall or a mutual staircase, or both.
(3) No order for partition shall prejudice any person other than a party to the proceedings. [cf. 1540 c. 32 s. 2 U.K.]
5. Court may apportion rights and obligations and create easements
(1) The Court may, at any time after it has made an order under section 4 for the partition of the property, on the application of any person interested or of its own motion, make an order under this section, which order may—
(a) apportion or adjust between the several parcels into which the property is partitioned any rights, obligations or liabilities in force in respect of the property;
(b) create, as between the several parcels into which the property is partitioned, or any of them, any easement, together with rights and obligations attaching thereto,
and any order under this section shall have effect as if all necessary dispositions or agreements had been duly made for that purpose by all persons concerned.
(2) In any proceedings under this Ordinance any order made under subsection (1) shall be served on the Director by the person having the conduct of the proceedings. (Added 19 of 1987 s. 5)
| 1,300 |
### Companies Ordinance 《公司條例》
546. Financial Secretary may amend certain sums or percentage figures
(1) Subject to subsection (2), the Financial Secretary may, by notice published in the Gazette, amend any provision of Division 2 or 3—
(a) by substituting for any sum of money specified in the provision a sum specified in the notice; or
(b) by substituting for any percentage figure specified in the provision a percentage figure specified in the notice.
(2) A notice under this section may not be made to amend the amount of a fine.
(3) A notice under this section does not have effect in relation to anything done or not done before the notice comes into operation.
(4) Proceedings in respect of any liability incurred before a notice under this section comes into operation may be continued or instituted as if the notice had not been made.
547. Interpretation
(1) In this Division—
circulation date (傳閱日期), in relation to a written resolution or a proposed written resolution, means—
(a) the date on which copies of the resolution are sent to eligible members in accordance with section 553; or
(b) if copies are sent to eligible members on different days, the first of those days;
electronic address (電子地址) means any sequence or combination of letters, characters, numbers or symbols of any language or, any number, used for the purposes of sending or receiving a document or information by electronic means; (Amended 2 of 2023 s. 3)
virtual meeting technology (虛擬會議科技) means a technology that allows a person to listen, speak and vote at a meeting without being physically present at the meeting. (Added 2 of 2023 s. 3)
(2) For the purposes of this Division—
(a) in relation to a proposed written resolution, the eligible members are the members who would have been entitled to vote on the resolution on the circulation date of the resolution; and
(b) if the persons entitled to vote on the resolution change during the course of the day that is the circulation date of the resolution, the eligible members are the persons entitled to vote on the resolution at the time that the first copy of the resolution is sent to a member for agreement.
(3) Nothing in this Division affects the operation of any other Ordinance or rule of law as to—
(a) things done otherwise than by passing a resolution;
(b) circumstances in which a resolution is or is not to be regarded as having been passed; or
(c) cases in which a person is precluded from alleging that a resolution has not been duly passed.
### Companies Ordinance 《公司條例》
548. Written resolution
(1) Anything that may be done by a resolution passed at a general meeting of a company may be done, without a meeting and without any previous notice being required, by a written resolution of the members of the company.
(2) Anything that may be done by a resolution passed at a meeting of a class of members of a company may be done, without a meeting and without any previous notice being required, by a written resolution of that class of members of the company.
(3) If a resolution is required by any Ordinance to be passed as an ordinary resolution or a special resolution, the resolution may be passed as a written resolution; and a reference in any Ordinance to an ordinary resolution or a special resolution includes a written resolution.
(4) A reference in any Ordinance to the date of passing of a resolution or the date of a meeting is, in relation to a written resolution, the date on which the written resolution is passed under section 556.
(5) A written resolution of a company has effect as if passed by—
(a) the company at a general meeting; or
(b) a meeting of the relevant class of members of the company,
as the case may be, and a reference in any Ordinance to a meeting at which a resolution is passed or to members voting in favour of a resolution is to be construed accordingly.
(6) This section does not apply to—
(a) a resolution removing an auditor before the end of the auditor’s term of office; or
(b) a resolution removing a director before the end of the director’s term of office.
549. Power to propose written resolution
A resolution may be proposed as a written resolution by—
(a) the directors of a company; or
(b) a member of a company.
550. Company’s duty to circulate written resolution proposed by directors
If the directors of a company have proposed a resolution as a written resolution under section 549(a), the company must circulate the resolution.
551. Members’ power to request circulation of written resolution
(1) A member of a company may request the company to circulate a resolution that—
(a) may properly be moved; and
(b) is proposed as a written resolution under section 549(b).
(2) If a member requests a company to circulate a resolution, the member may request the company to circulate with the resolution a statement of not more than 1 000 words on the subject matter of the resolution.
(3) However, each member may only request the company to circulate one such statement with respect to the resolution.
### Companies Ordinance 《公司條例》
552. Company’s duty to circulate written resolution proposed by members
(1) A company must circulate a resolution proposed as a written resolution under section 549(b) and any statement mentioned in section 551(2) if it has received requests that it do so from the members of the company representing not less than the requisite percentage of the total voting rights of all the members entitled to vote on the resolution.
(2) The requisite percentage mentioned in subsection (1) is 5% or a lower percentage specified for this purpose in the company’s articles.
(3) A request—
(a) may be sent to the company in hard copy form or in electronic form;
(b) must identify the resolution and any statement mentioned in section 551(2); and
(c) must be authenticated by the person or persons making it.
| 1,302 |
### Noise Control Ordinance 《噪音管制條例》
26. Offences in relation to section 25
Any person who—
(a) wilfully resists, obstructs or delays any public officer in the exercise of any power conferred by section 25 which he is authorized to exercise under section 24;
(b) fails without reasonable excuse to comply with any requirement duly made by any public officer in the exercise of any such power;
(c) in compliance or purported compliance with any such requirement produces any drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or
(d) wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters in respect of which information is required to be given under section 25,
commits an offence and is liable to a fine at level 5.
(Amended E.R. 2 of 2021)
### Noise Control Ordinance 《噪音管制條例》
27. Regulations
(1) The Secretary may, after consultation with the Advisory Council on the Environment, by regulation— (Amended L.N. 57 of 1994; 2 of 1994 s. 7; 12 of 1996 s. 2)
(a) prescribe anything required or permitted to be prescribed under this Ordinance;
(b) regulate appeals under Part IV and the practice and procedure of the Appeal Board;
(c) generally, provide for the better carrying into effect of the provisions and purposes of this Ordinance.
(1A) (Repealed 12 of 1996 s. 2)(2) Any regulation made under subsection (1) relating to the payment of fees may provide for different fees to be charged according to different circumstances.
(3) Any regulation made under subsection (1) may provide that a contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine of $200,000. (Amended 2 of 1994 s. 9)
(3A) Any regulation made under subsection (1) relating to the control of the emission of noise in respect of motor vehicles intended to be registered under the Road Traffic Ordinance (Cap. 374) may for the purposes of such registration—
(a) authorize the Authority to confer exemptions from any provision of any regulation so made;
(b) provide for the application of vehicle design standards, specifications, descriptions, methods, procedures, requirements or tests laid down in documents, whether or not published or produced in Hong Kong, not forming part of the regulations, relating to the prevention or reduction of the emission of noise including the application of such standards, specifications, descriptions, methods, procedures, requirements or tests in relation to the prohibition or control of the emission of noise from motor vehicles;
(c) provide for any matter relating to conformity to standards as stringent as or more stringent than standards laid down in documents of the description mentioned in paragraph (b). (Added 12 of 1996 s. 2)
(4) Any regulation made under subsection (1) for the purposes of section 7(1) shall be subject to the approval of the Legislative Council.
### Noise Control Ordinance 《噪音管制條例》
28. Offence to disclose confidential information obtained officially
(1) A person who, except in the circumstances provided for in subsection (2), discloses or gives to another person any information that concerns a trade, business or profession, is confidential and has come to his knowledge or into his possession in the course of the discharge of his functions under this Ordinance commits an offence.
(2) A person does not commit an offence under subsection (1) if he discloses or gives any information to another person—
(a) for the purpose of the discharge of his functions under this Ordinance and proceedings connected therewith;
(b) pursuant to an order of a court under subsection (3); or
(c) with the consent in writing of all such persons as appear to him, after reasonable enquiry, to be interested in the confidentiality of the information.
(3) Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure or giving of any information referred to in subsection (1).
(4) A person who commits an offence under subsection (1) is liable to a fine at level 4 and to imprisonment for 6 months. (Amended 2 of 1994 s. 9; E.R. 2 of 2021)
28A. Liability of directors
(1) Subject to section 28B, where an offence under this Ordinance has been committed by a body corporate, any person who at the time of the offence was—
(a) a director concerned in the management of the body corporate;
(b) a director who has delegated his authority for the management of the body corporate to an officer;
(c) an officer mentioned in paragraph (b); or
(d) an officer—
(i) concerned in the management of the body corporate; and
(ii) acting under the immediate authority of a director of the body corporate,
shall be guilty of the like offence.
(2) For the purpose of subsection (1), body corporate (法團) means any company, or other body corporate, incorporated in Hong Kong or elsewhere, but does not include any corporation registered under the Building Management Ordinance (Cap. 344).
(3) It is a defence to a charge brought under any provision of this Ordinance (other than section 6(1)(a), (2)(a) or (3)(a)) for a person charged under subsection (1) to prove that he took reasonable precautions and exercised due diligence to prevent the commission of the offence by the body corporate.
(4) Without affecting the generality of subsection (3), a person establishes a defence under that subsection if he proves that he had—
(a) established a proper system to prevent the commission of the offence concerned; and
(b) ensured the effective operation of the system.
(Added 19 of 2002 s. 2) | 1,304 |
### Insurance Ordinance 《保險業條例》
95ZZW. Order for payment of pecuniary penalty
(1) A designated insurance holding company ordered to pay a pecuniary penalty under section 95ZZS must pay the penalty to the Authority within 30 days, or a longer period that the Authority specifies by notice under section 95ZZT(3)(d), after the order has taken effect.
(2) The Court of First Instance may, on an application of the Authority, register an order to pay a pecuniary penalty made under section 95ZZS in the Court.
(3) On registration, the order is to be regarded as an order of the Court of First Instance made within the civil jurisdiction of the Court for the payment of money.
(4) For making an application under subsection (2), the Authority must produce to the Registrar of the High Court a written notice requesting that the order be registered, together with the original and a copy of the order.
(5) A pecuniary penalty paid to or recovered by the Authority under an order made under section 95ZZS must be paid by the Authority into the general revenue.
96. Interpretation
In this Part—
affected person (當事人)—
(a) for a specified decision set out in Part 1 of Schedule 9—means—
(i) a person who is aggrieved by the decision; or
(ii) a person in respect of whom the decision is made; or
(b) for a specified decision set out in Part 2 or 3 of Schedule 9—means a person in respect of whom the decision is made; (Amended 18 of 2020 s. 13)
parties (各方), in relation to a review, means—
(a) the Authority; and
(b) the person making the application for the review;
review (覆核) means a review of a specified decision by the Tribunal under section 101;
specified decision (指明決定) means a decision specified in column 2 of Part 1, 2 or 3 of Schedule 9 that is made under, or referred to in, the provision of this Ordinance specified in column 3 of that Schedule opposite that decision. (Amended 18 of 2020 s. 13)
### Insurance Ordinance 《保險業條例》
97. Establishment of Tribunal
(1) A tribunal is established with the name of “Insurance Appeals Tribunal” in English and “保險事務上訴審裁處” in Chinese.
(2) The Tribunal has jurisdiction to, in accordance with this Part and Schedule 10—
(a) review specified decisions; and
(b) hear and determine a question or issue arising out of or in connection with a review.
(3) If the Chief Executive considers it appropriate to do so, the Chief Executive may establish additional tribunals for any reviews.
(4) The provisions of this Ordinance apply, with necessary modifications, to the additional tribunals as they apply to the Tribunal.
98. Composition of Tribunal
(1) Except as otherwise provided in Schedule 10, the Tribunal—
(a) consists of a chairperson and 2 other members; and
(b) is to be presided over by the chairperson who is to sit with the 2 other members.
(2) A member of the Tribunal (including the chairperson) may be paid, as a fee for his or her service, the amount that the Financial Secretary considers appropriate.
(3) The amount payable under this section is a charge on the general revenue.
99. Schedule 10 has effect in relation to Tribunal
Schedule 10 has effect—
(a) in relation to the appointment of members of the Tribunal;
(b) in relation to the proceedings and sittings of the Tribunal; and
(c) in relation to the procedural and other matters concerning the Tribunal.
100. Applications for review of specified decisions
(1) An affected person may, by notice in writing to the Tribunal, apply to the Tribunal for a review of a specified decision within the period ending 21 days after the notice informing the person of the decision has been served.
(2) An application for review—
(a) must be in writing; and
(b) must state the grounds for the application.
(3) The Tribunal must, as soon as practicable after receiving an application for review, send a copy of the application to the Authority.
(4) On an application by an affected person, the Tribunal may by order extend the time within which the application for review may be made under subsection (1).
(5) The Tribunal may only grant an extension—
(a) if it is satisfied that there is a good cause for granting the extension; and
(b) after the affected person and the Authority have been given a reasonable opportunity to be heard.
(6) On making the order, the time within which the application for review may be made is extended accordingly.
### Insurance Ordinance 《保險業條例》
101. Determination of review by Tribunal
(1) The Tribunal may determine a review of a specified decision by—
(a) confirming, varying or setting aside the decision; or
(b) remitting the matter to the Authority with directions it considers appropriate.
(2) If a specified decision is set aside, the Tribunal may substitute for the decision another decision it considers appropriate.
(3) If the Tribunal varies, or substitutes another decision for, a specified decision, the decision as varied or the other decision substituting for the specified decision—
(a) must be a decision that the Authority had power to make in respect of the review in question;
(b) may be more or less onerous than the specified decision; and
(c) may be made under the same provision as that under which the specified decision has been made or any other provision of this Ordinance.
(4) In reviewing a specified decision, the Tribunal must give the parties to the review a reasonable opportunity to be heard.
(5) Subject to section 104(3), the standard of proof required to determine any question or issue before the Tribunal is to be the standard of proof applicable to civil proceedings in a court of law.
| 1,308 |
### Dangerous Drugs Ordinance 《危險藥物條例》
53B. Application for return of travel document
(1) A person who has surrendered his travel document in accordance with section 53A may at any time make written application to the Commissioner of Police or the Commissioner of Customs and Excise, as the case may be, for its return and every such application shall contain a statement of the grounds on which it is made. (Amended 40 of 1985 s. 9)
(2) Before determining an application under subsection (1), the Commissioner of Police or the Commissioner of Customs and Excise may require that any matter of fact relied on in the application shall be substantiated by statutory declaration. (Amended 40 of 1985 s. 9)
(3) Any person aggrieved by the refusal of an application under subsection (1) may, within 14 days of being informed of such refusal, appeal to a magistrate against that refusal and the magistrate may, upon considering the grounds of the application and any evidence which may be adduced in relation thereto by or on behalf of either party, order that the travel document be returned.
(4) The decision of a magistrate in relation to an appeal under this section shall be final.
(Added 60 of 1977 s. 2)
53C. Application for permission to leave Hong Kong
(1) Without prejudice to section 53B, a person on whom a notice under section 53A(1) is served may at any time make written application to the Commissioner of Police or the Commissioner of Customs and Excise, as the case may be, for permission to leave Hong Kong and every such application shall contain a statement of the grounds on which it is made.
(2) Before determining an application under subsection (1), the Commissioner of Police or the Commissioner of Customs and Excise may require that any matter of fact relied on in the application shall be substantiated by statutory declaration.
(3) Any person aggrieved by the refusal of an application under subsection (1) may, within 14 days of being informed of such refusal, appeal to a magistrate against that refusal and the magistrate may, upon considering the grounds of the application and any evidence which may be adduced in relation thereto by or on behalf of either party, order that the person be permitted to leave Hong Kong.
(4) The decision of a magistrate in relation to an appeal under this section shall be final.
(Added 10 of 2005 s. 40)
### Dangerous Drugs Ordinance 《危險藥物條例》
54. Chemical tests and handwriting
(1) Any police officer not below the rank of inspector or any member of the Customs and Excise Service not below the rank of inspector may require any person whom he reasonably suspects to be guilty of an offence under this Ordinance— (Amended 13 of 1973 s. 2)
(a) to have his finger nails pared and his hands washed in water for the purpose of analysis of such finger nails and water; or
(b) to give a specimen of his handwriting for the purpose of comparison.
(2) Any person who fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (Amended E.R. 4 of 2019)
### Dangerous Drugs Ordinance 《危險藥物條例》
54AA. Taking of urine samples
(1) In any investigation in respect of an offence committed or believed to have been committed, a urine sample may be taken from a person only if—
(a) a police officer of or above the rank of superintendent or a member of the Customs and Excise Service of or above the rank of superintendent (authorizing officer
54AB. Use and disposal of urine samples and information derived from analysis
(1) Without prejudice to subsection (4), no person shall have access to, dispose of or use a urine sample taken pursuant to section 54AA except for the purposes of forensic analysis in the course of an investigation of any offence in relation to dangerous drugs.
(2) Without prejudice to subsection (4), no person shall have access to, disclose or use any information derived from the forensic analysis of a urine sample taken pursuant to section 54AA except for the purposes of—
(a) any proceedings for an offence in relation to dangerous drugs; or
(b) making the information available to the person to whom the information relates.
(3) Any person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.
(4) Whether or not a urine sample taken pursuant to section 54AA or any information derived from the forensic analysis of the sample has been destroyed under subsection (5), no person shall use the sample or information in any proceedings for an offence in relation to dangerous drugs after—
(a) it is decided that a person from whom the sample was taken shall not be charged with any offence in relation to dangerous drugs;
(b) if the person has been charged with one or more such offences—
(i) the charge or all the charges, as the case may be, is or are withdrawn;
(ii) the person is discharged by a court before conviction of the offence or all the offences, as the case may be; or
(iii) the person is acquitted of the offence or all the offences, as the case may be, at trial or on appeal,
whichever occurs first.
(5) The Commissioner of Police or the Commissioner of Customs and Excise, as the case may be, shall take reasonable steps to ensure that—
(a) a urine sample taken pursuant to section 54AA; and
(b) all information derived from the forensic analysis of the sample,
which may be retained by him or on his behalf are destroyed as soon as practicable after—
(i) if the person from whom the sample was taken has not been charged with any offence in relation to dangerous drugs, the expiry of—
(A) subject to subparagraph (B), 12 months from the date on which the sample is taken (the relevant period
| 1,309 |
### Insurance Ordinance 《保險業條例》
95T. Pre-existing chief executive, director or key person in control functions
(1) This section applies if a person is a chief executive, director or key person in control functions of a designated insurance holding company as at the beginning of the date of designation.
(2) In relation to a person mentioned in subsection (1)—
(a) the person is taken to be appointed as a chief executive, director or key person in control functions (as the case may be) of the designated insurance holding company on the date of designation; and
(b) subject to subsections (3), (4) and (5), the appointment (pre-existing appointment
95U. Approval of appointment
(1) The Authority may, on an application made under section 95S(2) by a designated insurance holding company, approve the appointment of the person specified in the application (proposed person
95V. Objection to appointment
(1) This section applies in relation to an appointment approved under section 95U of a person as a chief executive, director or key person in control functions of a designated insurance holding company.
(2) For subsection (1), it does not matter whether the approval is—
(a) given on an application made under section 95S(2); or
(b) taken to be given by virtue of section 95T(2).
(3) The Authority may, by a written notice served on the person and the designated insurance holding company, object to the appointment if it appears to the Authority that—
(a) the person is not, or is no longer, a fit and proper person to be a chief executive, director or key person in control functions (as the case may be) of the company; or
(b) the person or the company has contravened a condition imposed under section 95Z on the approval.
(4) A notice under subsection (3) (notice of objection
### Insurance Ordinance 《保險業條例》
95W. Restrictions on acting if appointment unapproved or objected to
(1) A person appointed as a specified officer of a designated insurance holding company in contravention of section 95S(1) must not act, or continue to act, as such a specified officer.
(2) Subsection (3) applies if the appointment of a person as a specified officer of a designated insurance holding company—
(a) falls within section 95T(3), (4) or (5); or
(b) is objected to under section 95V(3).
(3) A person mentioned in subsection (2) must not continue to act as the specified officer mentioned in that subsection after—
(a) in the case of subsection (2)(a)—the date specified in the notice a copy of which is served under section 95T(7)(b) on the person; or
(b) in the case of subsection (2)(b)—the date specified in the notice served under section 95V(3) on the person.
(4) A person who contravenes subsection (1) or (3) commits an offence and is liable on conviction—
(a) to a fine of $200,000 and to imprisonment for 2 years; and
(b) in the case of a continuing offence—to a further fine of $2,000 for every day during which the offence continues.
(5) In this section—
specified officer (指明人員) means a chief executive, director or key person in control functions.
95X. Return of pre-existing shareholder controllers, chief executives, directors and key persons in control functions
(1) Subject to subsection (2), a designated insurance holding company must, within 3 months after the date of designation, deposit with the Authority a written return in the specified form for informing the Authority of the particulars of every person who is a shareholder controller, chief executive, director or key person in control functions of the company as at the beginning of the date of designation.
(2) The Authority may extend the 3-month period mentioned in subsection (1) by a period not exceeding 3 months if it appears to the Authority that the circumstances are such that a period longer than 3 months should be allowed.
(3) A designated insurance holding company that contravenes subsection (1) commits an offence and is liable on conviction—
(a) to a fine of $200,000; and
(b) in the case of a continuing offence—to a further fine of $1,000 for every day during which the offence continues.
### Insurance Ordinance 《保險業條例》
95Y. Determination of fit and proper
(1) In determining whether a person is a fit and proper person for the purposes of sections 95M, 95N, 95U and 95V, the Authority must have regard to the following matters—
(a) the education or other qualifications or experience of the person;
(b) the person’s ability to act competently, honestly and fairly;
(c) the reputation, character, reliability and integrity of the person;
(d) the person’s financial status or solvency;
(e) whether any disciplinary action has been taken against the person by—
(i) the Monetary Authority;
(ii) the Securities and Futures Commission;
(iii) the Mandatory Provident Fund Schemes Authority; or
(iv) any other authority or regulatory organization, whether in Hong Kong or elsewhere, which, in the Authority’s opinion, performs a function similar to those of the Authority;
(f) if the person is a company in a group of companies, any information in the possession of the Authority, whether provided by the person or not, relating to—
(i) any other company in the group of companies; or
(ii) any substantial shareholder or officer of the person or of a company referred to in subparagraph (i); and
(g) the state of affairs of any other business that the person carries on or proposes to carry on.
(2) The obligations imposed on the Authority under subsection (1) are in addition to those of the Authority to have regard to any other matter that the Authority considers relevant in making the determination.
| 1,310 |
### Lands Resumption Ordinance 《收回土地條例》
4A. Purchase by agreement
Where an order has been made for the resumption of any land under section 3, the Authority may, before the land reverts to the Government under section 5, agree with the owner and any person having an estate or an interest in such land under an instrument registered in the Land Registry on the purchase of the land and of any such estate or interest therein, and any such agreement relating to land in respect of which an order under section 3 is made on or after the commencement* of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984) may provide for the payment by the Authority to the owner or such person of any costs or remuneration reasonably incurred or paid by him in employing persons to act in a professional capacity in connection with the purchase.
(Added 63 of 1974 s. 5. Amended 5 of 1984 s. 2; 8 of 1993 s. 2; 29 of 1998 s. 33) Editorial Note:
* Commencement date: 13 January 1984.
5. Reversion of ownership to the Government
On the expiration of 1 month, or any longer period authorized under section 4(3), the land other than any land purchased by agreement under section 4A shall—
(a) where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such rights to the use and occupation of any building or part thereof as may be appurtenant to the ownership of that share; and
(b) in all other cases, revert to the Government, (Amended 29 of 1998 s. 105)
and all the rights of the owner, his assigns or representatives and of any other person in or over the land or any part thereof shall absolutely cease.
(Replaced 71 of 1987 s. 20)
5A. Interpretation of Part 4
In this Part—
notice of proposed adjustment (建議調整公告) means a notice published under section 5B(1);
proposed adjustment (建議調整) means a proposal for adjusting the boundary of the subject land as stated in a notice of proposed adjustment;
subject land (所涉土地) means the land described in section 5B(1)(a) or (b) the boundary of which is proposed to be adjusted.
5B. Notice of proposed adjustment
(1) Subject to subsection (2), after an authorization is made under section 3(1) or (2) (authorization
### Lands Resumption Ordinance 《收回土地條例》
5C. Objections to proposed adjustment
(1) Within 60 days after a notice of proposed adjustment is published, the following person may object to the proposed adjustment by delivering an objection in writing to the Authority—
(a) an owner or occupier of the land affected by the proposed adjustment; or
(b) a person having any right in relation to that land.
(2) An objection made by a person (objector
5D. Supplementary provisions to section 5C
(1) If the Authority gives any written reply to an objection made under section 5C, the person making the objection (objector
5E. Decision not to proceed with proposed adjustment
(1) Before a proposed adjustment is authorized by the Secretary under section 5F or submitted to the Chief Executive in Council under section 5G, if the Authority decides not to proceed with the proposed adjustment, the Authority must publish a notice of the decision in the Gazette.
(2) The Authority must—
(a) deposit a copy of the notice in the Land Registry;
(b) publish a copy of the notice on the website of the Authority;
(c) publish a copy of the notice in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and
(d) affix a copy of the notice in a conspicuous place on or near the land affected by the proposed adjustment.
(3) A decision under subsection (1) does not affect anything lawfully done under this Ordinance before the decision is made.
5F. Authorization of adjustment to land boundary if no objection made
(1) If no objection has been made to a proposed adjustment within the period for making objections under section 5C(1), the Secretary may authorize the adjustment to the boundary of the subject land in accordance with the proposed adjustment.
(2) Despite subsection (1), if the notice of proposed adjustment is published in the circumstances described in section 5B(5), the Secretary may make an authorization under that subsection only if the Chief Executive in Council has approved the relevant Cap. 131 plan under Cap. 131 and the approval covers the land use pending approval referred to in that section.
(3) If the Secretary declines to authorize, under subsection (1), the adjustment to the boundary of the subject land, the Authority must—
(a) publish a notice of that fact in the Gazette;
(b) deposit a copy of the notice in the Land Registry;
(c) publish a copy of the notice on the website of the Authority;
(d) publish a copy of the notice in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and
(e) affix a copy of the notice in a conspicuous place on or near the land affected by the proposed adjustment.
### Lands Resumption Ordinance 《收回土地條例》
5G. Authorization of adjustment to land boundary if objection made
(1) If an objection has been made to a proposed adjustment within the period for making objections under section 5C(1) (objection period
5H. Effect of authorization of adjustment to land boundary
(1) If an adjustment to the boundary of the subject land is authorized under section 5F(1) or 5G(5) or (6), then either or both of the following (as may be appropriate) are taken to be varied to the extent of the adjustment so authorized—
(a) the authorization made under section 3(1) or (2) (relevant authorization
| 1,312 |
### Companies Ordinance 《公司條例》
210. Permitted reductions of share capital
(1) A company may, in accordance with the procedure specified in section 211, reduce its share capital under this Division in any way.
Examples—1. A company may extinguish or reduce the liability on any of its shares in respect of share capital not paid up.
2. A company may, either with or without extinguishing or reducing liability on any of its shares—
(a) cancel any paid-up share capital that is lost or unrepresented by available assets; or
(b) repay any paid-up share capital in excess of the company’s wants.
(2) However, a company must not reduce its share capital if, as a result of the reduction, there would no longer be any member of the company holding shares other than redeemable shares.
(3) This Division is subject to any provision of a company’s articles that prohibits or restricts the reduction of the company’s share capital.
211. Procedure for a company to reduce its share capital
The procedure for a company to reduce its share capital under this Division is—
(a) by special resolution supported by a solvency statement under Subdivision 2; or
(b) by special resolution confirmed by the Court under Subdivision 3.
212. Offence if share capital is reduced in contravention of Division
(1) If a company reduces its share capital in contravention of this Division, the company, and every responsible person of the company, commit an offence and each is liable—
(a) on conviction on indictment to a fine of $1,250,000 and to imprisonment for 5 years; or
(b) on summary conviction to a fine of $150,000 and to imprisonment for 12 months.
(2) An offence is not committed under this section in relation to a reduction of share capital by a company only because one or more directors of the company commit an offence under section 207 in making a solvency statement for the purposes of the reduction of share capital.
(3) An offence is not committed under this section if the reduction of share capital occurs as a result of a share redemption or buy-back in accordance with Division 4 or as otherwise provided in this Ordinance.
213. Liability of members following reduction of share capital
(1) If a company’s share capital is reduced under this Division, a past or present member of the company is not liable in respect of a share to a call or contribution exceeding in amount the difference (if any) between—
(a) the issue price of the share; and
(b) the aggregate of the amount paid up on the share (if any) and the amount reduced on the share.
(2) Subsection (1) is subject to section 232.
(3) Nothing in this section affects the rights of the contributories among themselves.
### Companies Ordinance 《公司條例》
214. Reserves arising from reductions of share capital
(1) If a company reduces its share capital in accordance with this Division, a reserve arising from the reduction is to be regarded for the purposes of Part 6 as realized profit.
(2) Subsection (1) is subject to anything to the contrary in—
(a) an order of, or undertaking given to, the Court;
(b) the resolution for, or any other resolution relevant to, the reduction of share capital; or
(c) the company’s articles.
215. Special resolution for reduction of share capital
(1) A company may reduce its share capital by special resolution in accordance with this Subdivision.
(2) The special resolution and the reduction of share capital take effect when the return under section 224 or 225 in relation to the reduction is registered by the Registrar.
216. Solvency statement for reduction of share capital
(1) All directors of the company must make a solvency statement that complies with Division 2 in relation to the reduction of share capital.
(2) The special resolution for reduction of share capital must be passed within 15 days after the date of the solvency statement.
(3) If the special resolution is proposed as a written resolution, a copy of the solvency statement must be sent to every member of the company at or before the time when the proposed resolution is sent to them.
(4) If the special resolution is proposed at a meeting, a copy of the solvency statement must be made available for inspection by members at the meeting.
(5) The special resolution is not effective if subsection (3) or (4) (as applicable) is not complied with.
### Companies Ordinance 《公司條例》
217. Special resolution: exercise of voting rights
(1) If the special resolution for reduction of share capital is proposed as a written resolution, a member of the company holding shares to which the resolution relates is not an eligible member for the purposes of Subdivision 2 of Division 1 of Part 12 (written resolution) in respect of those shares.
(2) If the special resolution is proposed at a meeting, the resolution is not effective if—
(a) any member of the company holding shares to which the resolution relates exercises the voting rights carried by any of those shares; and
(b) the resolution would not have been passed if the member had not done so.
(3) For the purposes of subsection (2)—
(a) a member holding shares to which the resolution relates is to be regarded as exercising the voting rights carried by those shares not only if the member votes in respect of them on a poll on the question whether the resolution should be passed but also if the member votes on the resolution otherwise than on a poll;
(b) any member of the company may demand a poll on that question; and
(c) a vote or a demand for a poll by a person as proxy for a member is the same as a vote or a demand by the member.
(4) The special resolution is not effective if a demand for a poll referred to in subsection (3)(b) is refused.
(5) This section does not apply in the case of a reduction of share capital that applies equally to all issued shares in the company.
| 1,313 |
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