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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 |
### Independent Commission Against Corruption Ordinance 《廉政公署條例》
10D. Power to take finger-prints and photographs
(1) Where a person has been arrested under section 10 or, has been served with a summons under section 8(2) of the Magistrates Ordinance (Cap. 227) in respect of a section 10 offence, any officer may take, or cause to be taken under the supervision of an officer, photographs, finger-prints and the weight and height measurements of that person. (Amended 48 of 1996 s. 22)
(2) The identifying particulars of a person taken under subsection (1) may be retained by the Commissioner, except that if—
(a) a decision is taken not to charge the person with any offence; or
(b) the person is charged with a section 10 offence but discharged by a court before conviction or acquitted at his trial or on appeal,
the identifying particulars, together with any negatives or copies thereof, shall as soon as reasonably practicable be destroyed or, if the person prefers, delivered to that person.
(3) Notwithstanding subsection (2), the Commissioner may retain the identifying particulars of a person who has been previously convicted of any section 10 offence.
(4) In this section—
identifying particulars (辨別身分資料) in relation to a person means photographs, finger-prints and the weight and height measurements of that person;
section 10 offence (第10條罪行) means any offence for which a person may be arrested under section 10.
(Replaced 21 of 1991 s. 2)
10E. Taking of non-intimate samples
(1) In any investigation in respect of an offence committed or believed to have been committed, a non-intimate sample may be taken from a person with or without his consent for forensic analysis only if—
(a) that person is dealt with and detained pursuant to section 10A; and
(b) an officer of the rank of Senior Commission Against Corruption Officer or above (authorizing officer
### Independent Commission Against Corruption Ordinance 《廉政公署條例》
10F. Limitations on use of samples and results of forensic analysis
(1) Without prejudice to subsection (4), no person shall have access to, dispose of or use a non-intimate sample taken pursuant to section 10E except for the purposes of—
(a) forensic analysis in the course of an investigation of any offence for which a person may be arrested under section 10; or
(b) any proceedings for any such offence.
(2) Without prejudice to subsection (4), no person shall have access to, disclose or use the results of forensic analysis of a non-intimate sample taken pursuant to section 10E except—
(a) for the purposes of—
(i) forensic comparison and interpretation in the course of investigation of any offence for which a person may be arrested under section 10;
(ii) any proceedings for such an offence; or
(iii) making the results available to the person to whom the results relate; or
(b) for the purposes of section 59G(1) and (2) of the Police Force Ordinance (Cap. 232) where the results are of forensic DNA analysis.
(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 non-intimate sample taken pursuant to section 10E or the results of forensic analysis of the sample has been destroyed under section 10G, no person shall use the sample or results in any proceedings for an offence for which a person may be arrested under section 10 after—
(a) it is decided that a person from whom the sample was taken shall not be charged with any offence for which a person may be arrested under section 10;
(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.
(Added 68 of 2000 s. 4)
### Independent Commission Against Corruption Ordinance 《廉政公署條例》
10G. Disposal of samples and records
(1) The Commissioner shall take reasonable steps to ensure that—
(a) a non-intimate sample taken pursuant to section 10E; and
(b) a record to the extent that it contains information about the sample and particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,
which may be retained by him or on his behalf are destroyed as soon as practicable after—
(i) if the person has not been charged with any offence for which a person may be arrested under section 10, the expiry of—
(A) subject to subparagraph (B), 12 months from the date on which the sample was taken (the relevant period
11. Standing orders
(1) The Commissioner may make orders, which shall be known as Commission standing orders, providing for—
(a) the control, direction and administration of the Commission;
(b) the discipline, training, classification and promotion of officers;
(c) the duties of officers;
(d) the financial regulation of the Commission;
(e) such other matters as may, in his opinion, be necessary or expedient for preventing abuse or neglect of duty and for upholding the integrity of the Commission.
(2) The Commissioner may, with the prior approval of the Chief Executive, by standing order modify the application to officers of Public Service (Administration) Order, Government regulations or administrative rules applicable by virtue of section 8(4). (Amended 1 of 2003 s. 3)
(3) No Commission standing order shall be inconsistent with any of the provisions of this Ordinance.
| 1,314 |
### Marine Parks Ordinance 《海岸公園條例》
12. Objections
(1) Any person aggrieved by a draft map available for inspection under section 8 may within the period of 60 days referred to in section 8(3) send to the Authority a written statement of his objection to the draft map.
(2) A written statement under subsection (1) shall set out—
(a) the nature of and reasons for the objection; and
(b) if the objection would be removed by an alteration to the draft map, any alteration proposed.
(3) Where the Authority receives a written statement of objection under subsection (1), he may within 90 days from the date of publication of the notice concerned under section 8(1) submit to the Secretary of the Board his written representations concerning such objection.
(4) Upon receipt of an objection under subsection (1) and any representations by the Authority under subsection (3), the Secretary of the Board shall fix a time and place for the hearing of the objection by the Board and shall give 14 clear days’ notice thereof to the objector.
(5) The objector may attend the meeting of the Board at which the objection is to be heard, and may be heard in person or by his authorized representative.
(6) Upon the hearing of the objection, the Board may—
(a) reject the objection in whole or in part; or
(b) direct the Authority to make amendments to the draft map to meet such objection in whole or in part.
(7) Where the Board rejects the objection under subsection (6)(a), the Secretary of the Board shall notify in writing the objector of the Board’s decision.
13. Submission of draft map to Chief Executive in Council
The Authority shall, within 6 months from the last day of the period during which objections under section 12 may be lodged, submit the draft map to the Chief Executive in Council for approval, and shall at the same time submit— (Amended 34 of 2000 s. 3)
(a) a schedule of objections and representations made under section 12; and
(b) a schedule of the amendments made by the Authority pursuant to a direction under section 12(6)(b) with a view to meeting such objections.
### Marine Parks Ordinance 《海岸公園條例》
14. Power of Chief Executive in Council upon submission of draft map
(1) Upon submission of a draft map under section 13, the Chief Executive in Council shall—
(a) approve the draft map;
(b) refuse to approve it; or
(c) refer it to the Authority for further consideration and amendment.
(2) Where the Chief Executive in Council refuses to approve a draft map under subsection (1)(b), the Authority shall as soon as possible after such refusal give notice in the Gazette of such refusal.
(3) The Chief Executive in Council may by order in the Gazette correct any omission from or error in any map approved by him.
(4) Every map approved by the Chief Executive in Council shall be signed by the Authority.
(5) Copies of the approved map, certified as true copies of the original by the Authority, shall be deposited in the Land Registry, the headquarters of the Agriculture, Fisheries and Conservation Department and the headquarters of the Marine Department and shall be made available for inspection free of charge at those offices during the office hours when those offices are normally open to the public. (Amended L.N. 331 of 1999; 20 of 2002 s. 5)
(6) The deposit of maps under subsection (5) shall be notified in the Gazette.
(7) Any person may obtain a copy of an approved map, upon payment of such fee as the Authority may determine, at the headquarters of the Agriculture, Fisheries and Conservation Department. (Amended L.N. 331 of 1999)
(Amended 34 of 2000 s. 3)
15. Designation of marine parks and marine reserves
Where the Chief Executive in Council has approved a draft map under section 14(1)(a) and it has been deposited in accordance with section 14(5), the Chief Executive shall, by order in the Gazette, designate the area shown in the approved map to be a marine park or marine reserve, as the case may be.
(Amended 34 of 2000 s. 3)
### Marine Parks Ordinance 《海岸公園條例》
16. Replacement or revocation of approved maps
(1) The Chief Executive in Council may refer any map approved by him under section 14(1)(a) to the Authority for— (Amended 34 of 2000 s. 3)
(a) replacement by a new map for the purpose of—
(i) extending any marine park or marine reserve; or
(ii) excising any area within a marine park or marine reserve, if the Chief Executive in Council considers that such excision is required for a public purpose or is in the public interest; or
(b) revocation for the purpose of cancelling the designation of any marine park or marine reserve, if the Chief Executive in Council considers that such cancellation is required for a public purpose or is in the public interest. (Amended 34 of 2000 s. 3)
(2) The Authority shall—
(a) upon any reference under subsection (1)(a), prepare a map (hereinafter called a replacement map
17. Resumption of land
(1) Where the Chief Executive in Council decides that the resumption of any land is required for the purpose of any marine park or marine reserve, the Chief Executive may order the resumption thereof in accordance with the provisions of the Lands Resumption Ordinance (Cap. 124). (Amended 34 of 2000 s. 3)
(2) A resumption in pursuance of an order under subsection (1) shall be deemed to be a resumption for a public purpose within the meaning of the Lands Resumption Ordinance (Cap. 124).
(Amended 29 of 1998 s. 89) | 1,315 |
### Matrimonial Causes Rules 《婚姻訴訟規則》
127. Saving
The rules in force immediately before the commencement# of the Matrimonial Causes (Amendment) Rules 1972 (L.N. 135 of 1972) shall continue to apply to such extent as may be necessary for giving effect to the savings and transitional provisions in the Ordinance and in the Matrimonial Proceedings and Property Ordinance (Cap. 192).
(L.N. 135 of 1972) Editorial Note:
# Commencement date: 7 July 1972.
### Matrimonial Causes Ordinance 《婚姻訴訟條例》
1. Short title
This Ordinance may be cited as the Matrimonial Causes Ordinance.
### Matrimonial Causes Ordinance 《婚姻訴訟條例》
3. Jurisdiction in divorce
The court shall have jurisdiction in proceedings for divorce under this Ordinance if—
(a) either of the parties to the marriage was domiciled in Hong Kong at the date of the petition or application; (Replaced 29 of 1995 s. 3)
(b) either of the parties to the marriage was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition or application; or (Replaced 29 of 1995 s. 3)
(c) either of the parties to the marriage had a substantial connexion with Hong Kong at the date of the petition or application. (Added 68 of 1970 s. 26. Amended 29 of 1995 s. 3)
4. Jurisdiction in nullity
The court shall have jurisdiction in proceedings for nullity under this Ordinance if—
(a) either of the parties to the marriage was domiciled in or had a substantial connexion with Hong Kong at the date of the petition; (Amended 68 of 1970 s. 26)
(b) either of the parties to the marriage was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition; (Replaced 29 of 1995 s. 4)
(c) both parties to the marriage were resident in Hong Kong at the date of the petition;
(d) the respondent in the proceedings was resident in Hong Kong at the date of the petition; or
(e) the marriage was celebrated in Hong Kong.
5. Jurisdiction in judicial separation
The court shall have jurisdiction in proceedings for judicial separation under this Ordinance if—
(a) either of the parties to the marriage was domiciled in Hong Kong at the date of the petition; (Replaced 29 of 1995 s. 5)
(b) both parties to the marriage were resident in Hong Kong at the date of the petition; or (Amended 21 of 2020 s. 117)
(c) (Repealed 29 of 1995 s. 5) (d) either of the parties to the marriage had a substantial connexion with Hong Kong at the date of the petition. (Added 68 of 1970 s. 26)
### Matrimonial Causes Ordinance 《婚姻訴訟條例》
6. Jurisdiction in presumption of death
(1) The court shall have jurisdiction in proceedings for presumption of death and dissolution of marriage under this Ordinance if—
(a) the petitioner was domiciled in or had a substantial connexion with Hong Kong at the date of the petition; or (Amended 68 of 1970 s. 26) [cf. 1965 c. 72 s. 14(2) U.K.]
(b) the petitioner was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition. (Replaced 29 of 1995 s. 6. Amended E.R. 4 of 2018)
(2) (Repealed 29 of 1995 s. 6)
7A. Effect of dissolution under Marriage Reform Ordinance
(1) Subject to subsection (2), the dissolution in accordance with Part V of the Marriage Reform Ordinance (Cap. 178) of a modern marriage validated by section 8 of the Marriage Reform Ordinance (Cap. 178) and subsisting on the day appointed under section 3 of that Ordinance or a customary marriage subsisting on the day appointed under section 3 of that Ordinance shall, for the purposes of Part VI and Part VII, be deemed to be a final decree of divorce granted by the court, and accordingly, the court shall have the same jurisdiction and powers in respect of ancillary relief and the protection of children as it would have had under Parts VI and VII if the court had pronounced a final decree of divorce. (Amended 63 of 1979 s. 3)
(2) Where the parties to a marriage which is dissolved in accordance with Part V of the Marriage Reform Ordinance (Cap. 178) have agreed as to the amount of maintenance to be payable by one of the parties to the other after the dissolution of the marriage and have recorded the terms of that agreement as part of the agreement or memorandum dissolving the marriage, subsection (1) shall not have effect to confer jurisdiction at any time on any court in respect of maintenance for either of the parties to the former marriage. (Replaced 63 of 1979 s. 3)
(Added 68 of 1970 s. 26)
8. Law of Hong Kong applicable
In any proceedings in which the court has jurisdiction under this Ordinance, the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in Hong Kong at the time of the proceedings.
[cf. 1965 c. 72 ss. 14(5) & 40(2) U.K.] | 1,316 |
### Arbitration Ordinance 《仲裁條例》
103E. Effect of award involving IPR
(1) This section applies if an award deciding an IPR dispute is made in arbitral proceedings.
(2) The fact that an entity is a third party licensee in respect of the IPR does not of itself make the entity a person claiming through or under a party to the arbitral proceedings for the purposes of section 73(1)(b).
(3) However, subsection (2) does not affect any right or liability between a third party licensee and a party to the arbitral proceedings whether—
(a) arising in contract; or
(b) arising by operation of law.
(4) In this section—
third party licensee (第三方特許持有人), in relation to an IPR in dispute in arbitral proceedings, means an entity that is—
(a) a licensee (whether or not an exclusive licensee) of the IPR under a licence granted by a party to the arbitral proceedings; but
(b) not a party to the arbitral proceedings.
103F. Recourse against award involving IPR
(1) For the purposes of section 81 (as it gives effect to Article 34(2)(b)(i) of the UNCITRAL Model Law), the subject-matter of a dispute is not incapable of settlement by arbitration under the law of Hong Kong only because the subject-matter relates to an IPR dispute.
(2) For the purposes of section 81 (as it gives effect to Article 34(2)(b)(ii) of the UNCITRAL Model Law), an award is not in conflict with the public policy of Hong Kong only because the subject-matter in respect of which the award is made relates to an IPR dispute.
103G. Recognition and enforcement of award involving IPR
(1) For the purposes of sections 86(2)(a), 89(3)(a), 95(3)(a) and 98D(3)(a), a matter is not incapable of settlement by arbitration under the law of Hong Kong only because the matter relates to an IPR dispute.
(2) For the purposes of sections 86(2)(b), 89(3)(b), 95(3)(b) and 98D(3)(b), it is not contrary to public policy of Hong Kong to enforce an award only because the award is in respect of a matter that relates to an IPR dispute.
### Arbitration Ordinance 《仲裁條例》
103H. Judgments entered in terms of award involving IPR
(1) This section applies if—
(a) an award (whether made in or outside Hong Kong) deciding an IPR dispute is made in arbitral proceedings; and
(b) a judgment in terms of the award is entered under section 84, 87, 92 or 98A.
(2) Section 73(1) applies in relation to the judgment as if a reference in that section to an award made by an arbitral tribunal pursuant to an arbitration agreement were a reference to the judgment.
(3) In this section—
award (裁決) includes a declaratory award.
103I. Validity of patent may be put in issue in arbitral proceedings
Section 101(2) of the Patents Ordinance (Cap. 514) does not prevent a party from putting the validity of a patent in issue in arbitral proceedings.
103J. Arbitral proceedings in relation to short-term patents
(1) A party to an arbitration agreement who is the proprietor of a short-term patent may commence arbitral proceedings to enforce any right conferred under the PO in relation to the patent, whether or not paragraph (a), (b) or (c) of section 129(1) of the PO has been satisfied.
(2) However, subsection (1) does not apply if the parties to the arbitration agreement agree otherwise.
(3) If arbitral proceedings are commenced to enforce any right conferred under the PO in relation to a short-term patent, section 129(2) and (3) of the PO applies to the arbitral proceedings as if the proceedings were enforcement proceedings commenced under section 129(1) of the PO.
(4) However, if, before the commencement date* of this section, an arbitration has commenced to enforce any right conferred under the PO in relation to a short-term patent, section 129 of the PO, as in force immediately before that commencement date*, continues to apply to the arbitration and all of its related proceedings.
(5) In this section—
PO (《專利條例》) means the Patents Ordinance (Cap. 514);
related proceedings (相關程序), in relation to an arbitration, includes arbitral proceedings resumed after the setting aside of the award in the arbitration;
short-term patent (短期專利) has the meaning given by section 2(1) of the PO.
Editorial Note:
* Commencement date: 19 December 2019.
### Arbitration Ordinance 《仲裁條例》
104. Arbitral tribunal or mediator to be liable for certain acts and omissions
(1) An arbitral tribunal or mediator is liable in law for an act done or omitted to be done by—
(a) the tribunal or mediator; or
(b) an employee or agent of the tribunal or mediator,
in relation to the exercise or performance, or the purported exercise or performance, of the tribunal’s arbitral functions or the mediator’s functions only if it is proved that the act was done or omitted to be done dishonestly.
(2) An employee or agent of an arbitral tribunal or mediator is liable in law for an act done or omitted to be done by the employee or agent in relation to the exercise or performance, or the purported exercise or performance, of the tribunal’s arbitral functions or the mediator’s functions only if it is proved that the act was done or omitted to be done dishonestly.
(3) In this section, mediator (調解員) means a mediator appointed under section 32 or referred to in section 33.
| 1,318 |
### Bankruptcy Ordinance 《破產條例》
100B. First meeting and composition
(1) (Repealed 76 of 1996 s. 52)(2) The court may order that the wishes of creditors be ascertained for the purpose of accepting or rejecting any proposal in such manner as it may direct without the holding of meetings under section 20E, and for such purpose may direct the manner in which any proposal be communicated to such creditors. (Amended 76 of 1996 s. 52)
(3) Without derogating from the generality of subsection (2) the court may direct the holding of a ballot and the use of voting letters.
(4) Notwithstanding anything in sections 20 to 20K, where a majority in number and three-fourths in value of all the creditors who have proved their debt, or who by virtue of section 100H are deemed for voting purposes to have proved a debt exceeding $100, agree to accept a proposal, the proposal shall be deemed to be duly accepted by the creditors, and when approved by the court shall be binding on all the creditors. (Amended 76 of 1996 s. 52)
(5) (Repealed 76 of 1996 s. 52)(Added 21 of 1965 s. 2)
### Bankruptcy Ordinance 《破產條例》
100D. Appointment and removal of trustee after the making of regulating order
(1) The court may, on application being made by the Official Receiver or the trustee appointed or acting before the making of the regulating order under section 100A, by order appoint the person who makes the application or any other person recommended by him as trustee of the property of the bankrupt under the regulating order. (Replaced 18 of 2005 s. 39)
(1A) The court may, on application being made by the Official Receiver, by order remove any trustee appointed under subsection (1) and fill any vacancy. (Added 18 of 2005 s. 39)
(1B) On the making of an order under subsection (1) or (1A), section 81(1), (2) and (3) or 96(1) shall cease to apply to the bankruptcy and any action taken under such provisions before the making of the regulating order in respect of the appointment or removal of a trustee or filling of any vacancy shall cease to have effect. (Added 18 of 2005 s. 39)
(2) The court may by order give such directions to a trustee as it shall think fit. Such directions shall be deemed to be the directions of creditors for the purposes of section 82. Neither a trustee nor the Official Receiver shall be required to summon any meetings of creditors save where the court so orders.
(Added 21 of 1965 s. 2)
100E. Creditors’ committee
(1) The court may on application being made by the Official Receiver or trustee by order appoint such qualified persons as it thinks fit as a creditors’ committee for the purpose of superintending the administration of the property of the bankrupt by the trustee, remove any member thereof and fill any vacancy therein. (Amended 76 of 1996 s. 74)
(2) The continuing members of the committee, provided there be not less than 2 such continuing members, may act notwithstanding any vacancy in their body.
(3) Upon the making of any order for such appointment, removal or filling of a vacancy the provisions of section 24(1) and any applicable rules related thereto shall cease to apply to the bankruptcy and any action taken under such provisions in respect of any appointment of a creditors’ committee, any removal of any member thereof or the filling of any vacancy therein shall cease to have effect. (Amended 76 of 1996 ss. 55 & 74)
(Added 21 of 1965 s. 2)
### Bankruptcy Ordinance 《破產條例》
100F. Informing creditors and ascertaining their wishes
The court may by order give such directions to the Official Receiver or trustee as it shall think fit for the purpose of keeping creditors informed of any matter relating to the bankruptcy and for ascertaining their wishes, and may require the Official Receiver or trustee to make such reports to the court as it may specify.
(Added 21 of 1965 s. 2)
100G. Creditors to give notice of intention to take part in public examination
(1) The court may order that any creditor wishing to exercise his right to question the bankrupt on his public examination under section 19(5) shall give notice in writing of such intention to— (Amended 18 of 2005 s. 40)
(a) in a case where the Official Receiver is the applicant for the public examination, the Official Receiver; or
(b) in a case where the trustee is the applicant for the public examination, the trustee. (Amended 76 of 1996 s. 56; 18 of 2005 s. 40)
(1A) The court may also direct that no creditor may exercise his right to question the bankrupt on his public examination under section 19(5) unless the notice under subsection (1) is received by the Official Receiver or the trustee, as the case may be, within such time as may be specified by the court. (Added 18 of 2005 s. 40)
(2) For the purpose of this section the court may direct that notice of the public examination of a bankrupt shall be published in such manner as it may specify, and notice of such examination or of adjourned hearings thereof shall not be required to be sent to creditors individually.
(Added 21 of 1965 s. 2. Amended 76 of 1996 s. 72) | 1,318 |
### Stamp Duty Ordinance 《印花稅條例》
29DR. Priority of specified charges
(1) Despite any provisions in any other enactment to the contrary, a specified charge is, to the extent of the reserved amount specified in subsection (2), not entitled to priority over the first acquisition mortgage executed on the subject property concerned.
(2) The reserved amount specified for this section is the lower of the following—
(a) the sum of—
(i) any outstanding principal in respect of the loan for acquiring the subject property under the acquisition mortgage concerned;
(ii) any outstanding interest in respect of that loan; and
(iii) any costs due under that mortgage;
(b) an amount arrived at by deducting the specified amount from the amount or value of the consideration for the acquisition of the subject property under the applicable instrument concerned.
(3) Section 53 of Cap. 219 applies in relation to the specified charge as if it were a subsequent mortgage mentioned in that section.
(4) Moreover, for applying section 54 of Cap. 219 to any money received by the mortgagee in respect of the first acquisition mortgage mentioned in subsection (1), paragraph (d) of that section is to be disregarded, and that money is to be applied, after being applied in payment of the amounts mentioned in paragraph (c) of that section, according to the following priority—
(a) in payment of mortgage money, interest and costs due under the mortgage to the extent of the reserved amount specified in subsection (2);
(b) in payment of the specified amount secured under the specified charge; and
(c) in payment of the remaining mortgage money, interest and costs due under the mortgage.
(5) Despite any rule of law, any provisions in any other enactment or any covenants, terms and conditions in any other instruments to the contrary, the priority of the specified charge in respect of the subject property is not to be affected by any right of subrogation of any person.
(6) To avoid doubt, this section does not otherwise affect any rule of law for determining the priority of a specified charge in respect of the subject property concerned.
(7) In this section—
Cap. 219 (《第219章》) means the Conveyancing and Property Ordinance (Cap. 219);
rule of law (法律規則) means any rule of common law or of equity.
### Stamp Duty Ordinance 《印花稅條例》
29DS. Meaning of deadline for waiver
(1) In sections 29DT, 29DU and 29DX, a reference to the deadline for waiver in relation to an applicable instrument is a reference to—
(a) if the subject property was acquired by a buyer alone—the last day of the period of 9 years beginning on the first day on which the buyer is permitted to stay in Hong Kong because of the relevant specified scheme; or
(b) if the subject property was jointly acquired by co-buyers—subject to subsection (2), the last day (due day for co-buyers
29DT. Application for waiver of liabilities in respect of specified amounts
(1) This section applies in relation to an applicable instrument if the instrument’s liability to stamp duty in respect of the specified amount has been suspended under this Subdivision.
(2) The Collector may, on an application made by a buyer or remaining co-buyer (whichever is applicable) before the deadline for waiver, waive the liability mentioned in subsection (1) if it is shown to the satisfaction of the Collector that—
(a) if the applicant is a buyer—
(i) the applicant has after the date of the applicant’s acquisition of the subject property become, and on the date of the application remains, a Hong Kong permanent resident; and
(ii) no triggering circumstance specified in section 29DU(1)(a)(i) has occurred in relation to the applicable instrument; or
(b) if the applicant is a remaining co-buyer—
(i) each of the remaining co-buyers who were not Hong Kong permanent residents on the date of the co-buyers’ acquisition of the subject property has after that date become, and on the date of the application remains, a Hong Kong permanent resident; and
(ii) no triggering circumstance specified in section 29DU(1)(a)(ii) has occurred in relation to the applicable instrument.
(3) If an application is approved under subsection (2) in relation to an applicable instrument, the instrument is to be stamped with a stamp, or by way of a stamp certificate, denoting that the instrument’s liability to stamp duty in respect of the specified amount has been waived under this section.
### Stamp Duty Ordinance 《印花稅條例》
29DU. Triggering circumstances for cessation of suspension of liabilities in respect of specified amounts
(1) In relation to an applicable instrument, the triggering circumstances specified for this Subdivision are—
(a) that on any date before the deadline for waiver—
(i) if the subject property was acquired by a buyer alone—
(A) the buyer ceases to be a beneficial owner of the property; or
(B) a person other than an eligible person becomes a beneficial owner of the property in addition to the buyer; or
(ii) if the subject property was jointly acquired by co-buyers—
(A) each of the co-buyers who were covered by a specified scheme on the date of the co-buyers’ acquisition of the property has ceased to be a beneficial owner of the property; or
(B) a person other than an eligible person becomes a beneficial owner of the property in addition to one or more remaining specified scheme co-buyers; and
(b) otherwise—that, as at the deadline for waiver, no liability has been waived under section 29DT(2) in relation to the instrument.
(2) In this section—
eligible person (合資格人士), in relation to the subject property concerned, means a person—(a) who is closely related to—
(i) for subsection (1)(a)(i)(B)—the buyer; or
(ii) for subsection (1)(a)(ii)(B)—all of the remaining co-buyers; and
(b) who was acting on his or her own behalf on the date of his or her acquisition of the property.
| 1,318 |
### Civil Aviation (Aircraft Noise) Ordinance 《民航(飛機噪音)條例》
6. Restrictions on landing and taking off
(1) If the Director considers it appropriate, for the purpose of avoiding, limiting or mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at an aerodrome, to prohibit aircraft from taking off or landing, or to limit the number of occasions on which they may take off or land, at an aerodrome during certain periods, he may by notice in the Gazette—
(a) prohibit aircraft of descriptions specified in the notice from taking off or landing at the aerodrome (otherwise than in an emergency) during periods so specified;
(b) specify the maximum number of occasions on which aircraft of descriptions so specified may be permitted to take off or land at the aerodrome (otherwise than in an emergency) during periods so specified; or
(c) determine the persons who shall be entitled to arrange for aircraft of which they are the operators to take off or land at the aerodrome during the periods specified under paragraph (b) and, in respect of each of those persons, the number of occasions on which aircraft of a particular description of which he is the operator may take off or land at the aerodrome during those periods.
(2) Subject to subsection (3)(a) and (b) it shall be the duty of the air traffic manager to secure that the prohibitions or restrictions relating to the aerodrome which are imposed by notice under subsection (1) are complied with.
(3) The following supplementary provisions shall have effect for the purposes of subsection (1)—
(a) nothing in that subsection shall require an air traffic manager to prevent an aircraft from landing at the aerodrome;
(b) the Director may, by notice in writing to the air traffic manager to which a notice under that subsection relates, determine that a particular occasion or series of occasions on which aircraft take off or land at the aerodrome shall be disregarded for the purposes of the notice under that subsection; and
(c) any notice published in pursuance of that subsection may contain such exceptions and such incidental or supplementary provisions as the Director considers appropriate.
(4) Any owner or operator of an aircraft who fails without reasonable excuse to comply with any prohibition or restriction imposed by a notice under subsection (1) commits an offence and is liable on conviction to a fine at level 5.
(5) Subject to subsection (3), an air traffic manager who fails without reasonable excuse to secure the compliance referred to in subsection (2) commits an offence and is liable on conviction to a fine at level 5. (Added 68 of 1994 s. 5)
(Amended 68 of 1994 s. 5; E.R. 1 of 2013)
### Civil Aviation (Aircraft Noise) Ordinance 《民航(飛機噪音)條例》
7. Directions to managers of airports
(1) The Director may give to an airport manager such directions as he considers appropriate for the purpose of avoiding, limiting or mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at the aerodrome; and it shall be the duty of the airport manager to comply with the directions.
(2) The Director may, after consultation with an airport manager, by notice in writing require him at his own expense—
(a) to provide in an area and within a period specified in the notice, and to maintain and operate in accordance with any instructions so specified, such equipment for measuring noise in the vicinity of the aerodrome as is so specified; and
(b) to make to the Director such reports as are so specified with respect to the noise measured by the equipment and to permit any person authorized by the Director for the purpose to inspect the equipment on demand at any time,
and it shall be the duty of the airport manager to comply with the requirements of the notice.
(3) If an airport manager fails to perform any requirement or duty imposed on him by notice under subsection (2) the Director may, after affording him an opportunity of making representations to the Director with respect to the matter and after considering any representations then made by him—
(a) take such steps as the Director considers appropriate for remedying the failure, which may include steps to secure the provision, maintenance and operation of equipment by the Director; and
(b) recover in any court of competent jurisdiction from the airport manager any reasonable expense attributable to the taking of those steps which is incurred by the Director from time to time,
and if an airport manager fails without reasonable excuse to perform any duty imposed on him by a notice under subsection (2)(b), then without prejudice to the preceding provisions of this subsection he—
(i) commits an offence and is liable on conviction to a fine at level 4; and
(ii) if the failure continues after his conviction of an offence under this subsection arising from the failure, is liable to a daily penalty of $10,000.
(Amended 68 of 1994 s. 6; E.R. 1 of 2013)
### Civil Aviation (Aircraft Noise) Ordinance 《民航(飛機噪音)條例》
8. Enforcement of prohibitions as to take off
(1) If it appears to the Director that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of this Ordinance, then, without prejudice to any powers exercisable by virtue of this Ordinance by the airport manager or air traffic manager, any person authorized by the Director for the purpose may detain the aircraft for such period as that person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land.
(2) If it appears to a person authorized for the purpose by the airport manager that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of this Ordinance, then without prejudice to any other provision of this Ordinance, the person so authorized may detain the aircraft for such period as he considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land.
(Amended 68 of 1994 s. 7) | 1,319 |
### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》
47. Service of notices, etc.
A notice or other document (however described) required to be served or sent under this Ordinance is to be regarded as having been duly served or sent if—
(a) in the case of the Director—
(i) it is addressed to the Director and delivered to him at his principal office; or
(ii) it is sent to him by registered post addressed to him at his principal office;
(b) in the case of an individual—
(i) it is addressed to the individual and delivered to him by personal service; or
(ii) it is sent to the individual by registered post addressed to the individual at the individual’s last known address;
(c) in the case of a company—
(i) it is addressed to the company and delivered to any officer of the company by hand; or
(ii) it is left at, or sent by post to, the Company’s registered office in Hong Kong; (Amended 28 of 2012 ss. 912 & 920)
(d) in the case of a body corporate (other than a company)—
(i) it is addressed to the body and delivered to any place in Hong Kong at which the body carries on business and given to a person apparently concerned in the management of, or apparently employed by, the body; or
(ii) it is sent to the body by registered post addressed to the body at the body’s last known address; or
(e) in the case of a partnership—
(i) it is addressed to the partnership and delivered to any place in Hong Kong at which the partnership carries on business and given to a person apparently concerned in the management of, or apparently employed by, the partnership; or
(ii) it is sent to the partnership by registered post addressed to the partnership at the partnership’s last known address.
48. Evidence by certificate
(1) In any proceedings for an offence under this Ordinance, a certificate purporting to be signed by the Director or on his behalf by an authorized officer stating that—
(a) a letter of notification has or has not been issued in respect of a prescribed product;
(b) any notice under this Ordinance—
(i) has or has not been served; or
(ii) has or has not been served on any date; or
(c) an authorization to other officers—
(i) has or has not been granted; or
(ii) has or has not been granted on any date,
is evidence of the facts stated in it, and is admissible in evidence on its production without further proof.
(2) In the absence of any evidence to the contrary, the court shall presume that the certificate was signed by the Director or such officer.
### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》
49. Time limit for prosecution of offences
Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), a complaint may be made or an information laid in respect of an offence under this Ordinance—
(a) within 6 months after the commission of the offence; or
(b) within 6 months after the offence is discovered by or comes to the notice of the Director.
50. Power of Secretary to make regulations
The Secretary may make regulations—
(a) providing for such matters as are necessary for giving full effect to the provision of this Ordinance; and
(b) generally for the better carrying out of the purposes and provisions of this Ordinance.
51. Director may grant exemptions
(1) The Director may, in any particular case—
(a) exempt in writing any person or prescribed product; or
(b) by notice published in the Gazette, exempt any class of persons or any model or type of prescribed products,
from any or all of the provisions of this Ordinance.
(2) The Director is to state in the notice referred to in subsection (1)(b) the reasons for granting the exemption.
(3) An exemption under this section may be granted subject to such conditions as the Director considers appropriate.
(4) The Director may suspend or withdraw an exemption granted under subsection (1) on the ground that the conditions subject to which the exemption was granted have not been complied with.
52. Delegation of power
The Director may in writing authorize any public officer to exercise any power vested in him or to perform any duty imposed upon him by virtue of any provision of this Ordinance.
53. Power of Director to specify forms
(1) The Director may specify any form to be used for the purposes of any provision of this Ordinance.
(2) If the Director specifies a form under this section, the Director is to make copies available—
(a) at the office of the Electrical and Mechanical Services Department during normal office hours; and
(b) through such other means as the Director considers appropriate.
54. Power of Secretary to amend Schedules
(1) The Secretary may by order published in the Gazette amend Schedules 1, 2 and 3.
(2) An order made under this section may contain such incidental, consequential, supplemental, transitional or savings provisions as may be necessary or expedient in consequence of the order.
(3) An order made under this section to amend Part 1 of Schedule 1 is subject to the approval of the Legislative Council.
### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》
55. Protection of public officers
(1) A public officer is not personally liable for any act done or omitted to be done by the officer if the officer did or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.
(2) The protection conferred by subsection (1) does not in any way affect the liability of the Government for the act or omission of the public officer.
56. Transitional arrangement for product models manufactured or imported or registered under voluntary energy efficiency labelling scheme before commencement* of sections 4 and 5
(1) A product model is deemed to have complied with the requirements of section 6 if—
(a) the product model has been registered in the name of a person (registration holder
| 1,322 |
### Food Safety Ordinance 《食物安全條例》
15. The register
(1) The Director must keep a register of registered food importers and registered food distributors.
(2) The register must contain, in relation to each registered food importer and registered food distributor—
(a) the name of the food importation business or food distribution business;
(b) the registration number;
(c) any change in the information referred to in paragraphs (a) and (b); and
(d) any other information the Director considers appropriate for the implementation of this Ordinance and any change in that information.
(3) The register may be kept in a form the Director considers appropriate, including in a form other than a documentary form as long as the information recorded under subsection (2) is capable of being reproduced in a legible form.
(4) For the purpose of enabling members of the public to ascertain whether a person is registered under this Part, the Director must make the register available for public inspection.
(5) At all reasonable times, a member of the public may—
(a) inspect the register without charge; and
(b) obtain a copy of an entry in or extract from the register on payment of the fee specified in Schedule 3.
16. Appeals to Municipal Services Appeals Board
(1) A person who is aggrieved by a decision of the Director under this Part may, within 28 days after becoming aware of the decision, appeal to the Municipal Services Appeals Board against the decision.
(2) An appeal under this section does not suspend the decision unless the Director decides otherwise.
17. Updating of information
(1) A person who is a registered food importer or registered food distributor must give written notice to the Director of any change in the information provided to the Director in, or in relation to, the person’s application for registration or renewal of registration, within 30 days after the change occurs.
(2) A person commits an offence if the person—
(a) without reasonable excuse, fails to give notice to the Director under subsection (1);
(b) includes in a notice information that the person knows is false in a material particular; or
(c) recklessly includes in a notice information that is false in a material particular.
(3) A person who commits an offence under subsection (2) is liable to a fine at level 3 and to imprisonment for 3 months.
### Food Safety Ordinance 《食物安全條例》
18. Obtaining information from certain Authorities
(1) The Director may request a specified Authority to provide any specified information held by the specified Authority in relation to a specified authorization issued or granted by the specified Authority.
(2) A request under subsection (1) must be made in writing.
(3) A specified Authority must comply with a request of the Director under subsection (1).
(4) In this section—
specified Authority (指明當局), in relation to a specified authorization, means the person specified in column 3 of Schedule 1 opposite that authorization;
specified authorization (指明授權) means a licence, permit, permission or registration specified in column 2 of Schedule 1;
specified information (指明資料) means information that a person to whom a specified authorization is issued or granted would be required to provide to the Director in, or in relation to, an application for registration or renewal of registration under this Part if the person were required to be so registered.
19. Obtaining information from persons who are not registered
(1) The Director may require a person who carries on a food importation business or a business that supplies food in Hong Kong by wholesale but who is not registered under this Part in respect of that business to provide any information that the person would be required to provide to the Director in, or in relation to, an application for registration or renewal of registration under this Part if the person were required to be so registered.
(2) A requirement under subsection (1) must be made in writing.
(3) A person commits an offence if the person—
(a) without reasonable excuse, fails to comply with a requirement made under subsection (1); or
(b) in purported compliance with a requirement made under subsection (1)—
(i) provides information that the person knows is false in a material particular; or
(ii) recklessly provides information that is false in a material particular.
(4) A person who commits an offence under subsection (3) is liable to a fine at level 3 and to imprisonment for 3 months.
20. Providing false information in relation to registration or renewal
(1) A person commits an offence if in, or in relation to, an application for registration or renewal of registration under this Part, the person—
(a) provides information or a document that the person knows is false in a material particular; or
(b) recklessly provides information or a document that is false in a material particular.
(2) A person who commits an offence under subsection (1) is liable to a fine at level 3 and to imprisonment for 3 months.
### Food Safety Ordinance 《食物安全條例》
21. Record of local acquisition of food
(1) A person who, in the course of business, acquires food in Hong Kong must record the following information about the acquisition of the food—
(a) the date the food was acquired;
(b) the name and contact details of the person from whom the food was acquired;
(c) the total quantity of the food;
(d) a description of the food.
(2) A record must be made under this section within 72 hours after the time the food was acquired.
(3) For the purposes of this section, food is acquired when the person acquiring it takes possession or control of the food.
(4) This section does not apply to a person who is exempted, or is in a class of persons that is exempted, under section 29.
(5) A person commits an offence if the person—
(a) without reasonable excuse, fails to make a record in accordance with this section;
(b) includes in a record information that the person knows is false in a material particular; or
(c) recklessly includes in a record information that is false in a material particular.
(6) A person who commits an offence under subsection (5) is liable to a fine at level 3 and to imprisonment for 3 months.
| 1,323 |
### Po Leung Kuk Ordinance 《保良局條例》
1. Short title
This Ordinance may be cited as the Po Leung Kuk Ordinance.
2. Interpretation
In this Ordinance, unless the context otherwise requires—
advisory board (顧問局) means the board established by virtue of paragraph 18 of the Schedule;
annual general meeting (周年大會) means the annual general meeting of the corporation;
board (董事會) means the board of directors established by paragraph 5 of the Schedule;
chairman (主席) means the chairman of the board;
child (兒童) means any person who has not attained the age of 21 years;
corporation (法團) means the Society continuing to exist by virtue of section 3;
director (總理) means a director of the board;
ordinary general meeting (普通大會) means an ordinary general meeting of the corporation;
ordinary member (普通成員) means an ordinary member of the corporation;
repealed Ordinance (已廢除條例) means the repealed Po Leung Kuk Incorporation Ordinance (Cap. 1040, 1964 R. Ed.);
secretary (秘書) means the secretary of the corporation;
voting member (有表決權的成員) means a voting member of the corporation;
year (年度) means the period commencing on 1 April in any year and ending on 31 March in the following year.
3. Incorporation of the Po Leung Kuk
(1) The Society incorporated by virtue of the repealed Ordinance shall continue to exist.
(2) The corporation—
(a) shall be known as the Po Leung Kuk and in that name may sue and be sued;
(b) shall continue to have perpetual succession; and
(c) may do and suffer all such other acts and things as bodies corporate may lawfully do and suffer.
4. Matters relating to the corporation
The provisions of the Schedule shall have effect with respect to—
(a) the objects and powers of the corporation;
(b) the membership of the corporation;
(c) the board;
(d) the advisory board;
(e) meetings and procedure,
and otherwise in relation to the corporation.
### Po Leung Kuk Ordinance 《保良局條例》
5. Vesting of property
(1) All the immovable property vested in the Society at the commencement* of this Ordinance shall continue to be vested in the corporation for the residue of the term of years created by the respective Crown leases, subject to the covenants, conditions, stipulations, exceptions, reservations, provisos and powers contained in and reserved by the said Crown leases.
(2) Any other property, interest, right and privilege vested in the Society at the commencement of this Ordinance shall continue to be vested in the corporation on the terms and conditions, if any, on which the same was vested at that date, and the corporation shall continue to be subject to the obligations and liabilities to which the Society was subject at the commencement of this Ordinance.
Editorial Note:
* Commencement date: 14 December 1973.
6. Board may exercise powers of corporation
The board may exercise any of the powers of the corporation which are not required by this Ordinance to be exercised by the corporation in general meeting.
### Po Leung Kuk Ordinance 《保良局條例》
7. Accounts
(1) The board shall cause to be kept proper books of account of all transactions of the corporation.
(2) Such books of account shall be open at all reasonable times to the inspection of any director and of any person appointed by the Chief Executive in that behalf. (Amended 4 of 2000 s. 3)
(3) A chairman shall within 6 months after the expiration of his term of office send to the Chief Secretary for Administration a statement of the accounts of the corporation which shall— (Amended L.N. 362 of 1997)
(a) be signed by 2 persons who were directors during the year to which the statement relates;
(b) be audited in accordance with subsection (4); and
(c) contain the following particulars—
(i) an account of the assets and liabilities of the corporation at the end of the previous year;
(ii) an account of the receipts and disbursements of the corporation during the previous year; and
(iii) a report on the administration of the corporation during the previous year.
(4) The accounts of the corporation and the signed statement of the accounts shall be audited by an auditor who is a certified public accountant (practising) as defined by section 2(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588) and appointed by the corporation. The auditor shall certify the statement of the accounts subject to such report, if any, as he thinks fit. (Amended 23 of 2004 s. 56; L.N. 66 of 2022)
(5) A copy of the signed and audited statement of the accounts and the auditor’s report, if any, shall within 6 months after the end of the year be sent to each—
(a) director;
(b) person who was a director during that year;
(c) member of the advisory board; and
(d) voting member.
8. Director to be indemnified
Every director shall be indemnified by the corporation against liability for any acts of the corporation.
9. Amendments and alterations
(1) The Schedule may be amended by resolution of the board with the prior approval of the advisory board.
(2) Any such resolution shall be published in the Gazette and shall, unless otherwise provided, come into operation on the day of such publication.
### Po Leung Kuk Ordinance 《保良局條例》
10. Saving
Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.
(Amended 4 of 2000 s. 3)
| 1,323 |
### Undesirable Medical Advertisements Ordinance 《不良廣告(醫藥)條例》
3. Prohibition of advertisements relating to certain diseases; exceptions therefrom
(1) No person shall publish, or cause to be published, any advertisement likely to lead to the use of any medicine, surgical appliance or treatment for—
(a) the purpose of treating human beings for, or preventing human beings from contracting, any disease or condition specified in column 1 of Schedule 1, except for a purpose (if any) specified in column 2 of that Schedule; or
(b) treating human beings for any purpose specified in Schedule 2. (Replaced 65 of 1988 s. 2)
(2) Subsection (1) shall not apply to an advertisement published by or with the authority of the Director of Health or to an advertisement duly authorized by an officer of the Chinese People’s Liberation Army for dissemination only amongst members of the Chinese People’s Liberation Army. (Amended L.N. 76 of 1989; 2 of 2012 s. 3)
(3) Where, in an advertisement published in contravention of subsection (1), a person named in that advertisement is held out—
(a) as being a manufacturer or supplier of medicine or surgical appliances; or
(b) as being able to provide any treatment,
that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 2)
(4) Where an advertisement published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person—
(a) manufactures or supplies medicine or surgical appliances; or
(b) provides any treatment,
that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 2)
(5)-(6) (Omitted as spent—E.R. 2 of 2012)(7) Subsection (1) does not apply to any publication of price information or historical statistics on fees and charges required under the Private Healthcare Facilities Ordinance (Cap. 633). (Added 34 of 2018 s. 162 and E.R. 5 of 2018)
### Undesirable Medical Advertisements Ordinance 《不良廣告(醫藥)條例》
3B. Prohibition of advertisements relating to certain orally consumed products; exceptions therefrom
(1) No person shall publish, or cause to be published, an advertisement for an orally consumed product which makes for the product a claim specified in column 1 of Schedule 4, or any similar claim, except as allowed under the provisions in column 2 of that Schedule (as read subject to the Note in that Schedule).
(2) Where section 3(1) does not apply to an advertisement by virtue of section 3(2), in so far as the advertisement is also an advertisement for an orally consumed product, subsection (1) does not apply to the advertisement.
(3) For the purposes of this section—
(a) the sale or supply, or offer or exposure for sale or supply, of an orally consumed product in a labelled container or package shall constitute the publication of an advertisement;
(b) the supply, inside any container or package containing any orally consumed product, of information relating to that or any other product shall not constitute the publication of an advertisement;
(c) any similar claim (任何類似的聲稱) means a claim that can reasonably be understood to be to the like effect as the specified claim, by reference to all the relevant circumstances.
(4) Where, in an advertisement for an orally consumed product published in contravention of subsection (1), a person named in that advertisement is held out as being a manufacturer or supplier of the product, that person is presumed, until the contrary is proved, to have caused the advertisement to be published.
(5) Where an advertisement for an orally consumed product published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person manufactures or supplies the product, that person is presumed, until the contrary is proved, to have caused the advertisement to be published.
(Added 16 of 2005 s. 5)
### Undesirable Medical Advertisements Ordinance 《不良廣告(醫藥)條例》
4. Prohibition of advertisements relating to abortion
(1) Subject to subsection (2), no person shall in any manner write, print, or publish or cause to be written, printed or published any advertisement—
(a) offering to procure the miscarriage of women;
(b) canvassing the procuration of miscarriage of women;
(c) inviting or inducing the procuration of miscarriage of women; or
(d) referring to any thing whatsoever, in terms which are calculated to lead to the use of that thing for the procuration of miscarriage of women.
(2) Subsection (1) shall not apply to an advertisement published by or with the written authority of the Director of Health. (Amended L.N. 76 of 1989)
(3) Where, in an advertisement published in contravention of subsection (1), a person named in that advertisement is held out—
(a) as being a manufacturer or supplier of medicine or surgical appliances; or
(b) as being able to provide any treatment,
that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 4)
(4) Where any advertisement published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person—
(a) manufactures or supplies medicine or surgical appliances; or
(b) provides any treatment,
that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 4)
(Replaced 70 of 1980 s. 2) | 1,324 |
### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》
37. Power to remove members of the public from public bathhouses
The Authority or any person licensed under section 36(1) or any person duly authorized by the Authority or by such person licensed as aforesaid may remove from any latrine or bathhouse maintained, respectively, by it or him for the use of the public any person contravening any regulation made under the provisions of section 35.
(Amended 78 of 1999 s. 7)
38. Power to refuse admittance to certain members of the public to public bathhouses
The Authority or any person licensed under section 36(1) may refuse admittance to or remove from any latrine or bathhouse maintained, respectively, by it or him for the use of the public any person who has been convicted of—
(a) an offence under any regulation made under the provisions of section 35 relating to latrines or bathhouses; or
(b) an offence against public decency committed in any such latrine or bathhouse.
(Amended 78 of 1999 s. 7)
39. Appeals against action taken under section 37 or 38
Any person who considers himself aggrieved by removal from, or refusal of admittance to, any latrine or bathhouse under section 37 or 38 may appeal to the court, and the court may make such direction regarding the use by the appellant of such latrine or bathhouse as may in the circumstances appear to it to be just.
(Amended 78 of 1999 s. 7)
42. Regulations relating to swimming pools
(1) The Authority may make regulations in relation to swimming pools (including the precincts thereof) prescribing or providing for—
(a) the purity of water contained in any swimming pool, and the adequacy and cleanliness of accommodation provided thereat;
(b) the prevention of accidents;
(c) the conduct and standards of decency of persons resorting to swimming pools, including the exclusion or removal therefrom of persons suffering from communicable diseases and, in the case of public swimming pools, of undesirable persons;
(d) proper design and standard of finishing;
(e) the proper management and control of swimming pools, including licensing or registration. (Amended 49 of 1994 s. 8)
(f) (Repealed 49 of 1994 s. 8)(2) Regulations made under this section may be of general application or restricted to any particular swimming pool or to any class or type of swimming pool.
### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》
42A. Public swimming pools
(1) The Authority may, by order published in the Gazette, designate any premises and the grounds appurtenant thereto as a public swimming pool.
(2) The swimming pools specified in the Fourteenth Schedule shall be deemed to have been designated as public swimming pools.
(3) The Authority may, by order published in the Gazette, amend, add to or delete from the Fourteenth Schedule.
(Added 21 of 1973 s. 3. Amended 9 of 1976 s. 5)
42B. Management of public swimming pools
The management and control of every public swimming pool shall be vested in the Authority.
(Added 21 of 1973 s. 3)
43. Rules relating to public swimming pools
(1) The Authority may, in relation to any public swimming pool, make rules which are not inconsistent with regulations made under section 42 to provide for the better control of persons in connection with the use of the swimming pool and to provide information relating to the use of the swimming pool. (Replaced 78 of 1999 s. 7)
(2) Any person who fails to comply with any rule made under the provisions of subsection (1) shall be guilty of an offence.
44. Use of public swimming pools for swimming contests, etc., or by schools or clubs
(1) The Authority may close temporarily to the public any public swimming pool, or any part of any public swimming pool, and may—
(a) grant, either gratuitously or for payment, the exclusive use thereof to schools or clubs, or to persons organizing swimming practices or contests, aquatic sports or similar entertainment; or
(b) itself use it for such practices, contests, sports or entertainments.
(2) The Authority may make, or authorize the making of, charges for admission to, or for the use of, any such swimming pool while it is closed to the public under the provisions of subsection (1).
45. Public swimming pools to be public places for certain purposes
Any public swimming pool shall be deemed to be a public place for the purposes of any enactment relating to offences against decency.
### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》
46. Cleansing and destruction of filthy or verminous articles
(1) Where it appears to the Authority that—
(a) any article or thing is in such a filthy, dangerous or unwholesome condition that health is, or is likely to be, injuriously affected thereby; or
(b) the cleansing, disinfecting or destruction of any such article or thing is necessary in order to prevent risk of injury to health; or
(c) any such article or thing is infested with vermin or, by reason of having been used by any person infested with vermin, is likely to be so infested,
the Authority may cause the article to be cleansed, disinfected, disinfested or destroyed, as the case may be, and, if the Authority thinks fit, removed for that purpose.
(2) For the purposes of this section, the wrapper or cover of any article or thing shall be deemed to form a part of such article or thing.
(3) Nothing in this section shall be taken or construed to the prejudice of the provisions of the Prevention and Control of Disease Ordinance (Cap. 599). (Amended 14 of 2008 s. 18)
| 1,325 |
### Magistrates Ordinance 《裁判官條例》
100. Power to award compensation for malicious prosecution
(1) If it appears to a magistrate that any charge or complaint was maliciously preferred without reasonable or probable cause, the magistrate may, on the application of the person against whom the charge or complaint was made, order the complainant to pay to that person reasonable compensation not exceeding $10,000.
(2) Before making any order under subsection (1) the magistrate shall give the complainant an opportunity to show cause why the order should not be made, and shall, if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf.
(3) If any compensation ordered under subsection (1) is not paid forthwith, the magistrate may commit the person against whom the order is made to prison in accordance with section 68.
(Replaced 13 of 1995 s. 45)
101. Imprisonment for non-payment of a pecuniary penalty or amends awarded for an offence under the Ordinance or any other enactment
Whenever a magistrate awards a pecuniary penalty or amends for an offence under this or any other enactment and the same is not paid forthwith, the magistrate may, in the absence of express provision to the contrary in any such enactment, commit the offender to prison in accordance with the provisions of section 68: (Amended 30 of 1958 Schedule)
Provided that where the enactment creating the offence lays down a term of imprisonment either in addition to any pecuniary penalty or in lieu thereof, the period of imprisonment awarded under this section shall not exceed such a term.(Replaced 2 of 1955 s. 5)
101A. Issue of summons or warrant for non-payment of fine
(1) Where under any enactment a fine is imposed by a magistrate on a person and the fine is not paid forthwith or in such manner as may be allowed or directed, subject to such enactment, a magistrate may—
(a) issue a summons to such person to appear before a magistrate, and, if that person does not appear in answer to the summons, issue a warrant to apprehend him; or (See Form 28)
### Magistrates Ordinance 《裁判官條例》
102. Provisions relating to bail
(1) (Repealed 56 of 1994 s. 11)(2) Where a person is charged with an indictable offence a magistrate may admit the accused person to bail. (Replaced 56 of 1994 s. 11)
(3) It shall be lawful for a magistrate, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful for an inspector of police to admit the accused to bail. (Amended 56 of 1994 s. 11)
(4) In every case where a person charged with any bailable indictable offence is committed to prison to take his trial for the same before the court, it shall be lawful, at any time afterwards and before the date of his trial, for the magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing magistrate is of opinion that the accused ought to be admitted to bail, such magistrate shall certify on the warrant of commitment his consent to the accused being bailed and it shall be lawful for a magistrate or for the magistrates’ clerk, on production of such certificate, to admit the accused to bail in manner aforesaid. (See Form 91)
103. Warrant of deliverance where accused is in prison when bail granted
(1) In every case where a magistrate admits to bail any person who is then in prison charged with the offence for which he is so admitted to bail, the magistrate shall send to or cause to be lodged with the Commissioner of Correctional Services a warrant of deliverance, under his hand and seal, requiring the said Commissioner to discharge the person so admitted to bail, if he is detained for no other offence, and, on such warrant of deliverance being delivered to or lodged with the said Commissioner, he shall forthwith obey the same. (See Form 92)
### Magistrates Ordinance 《裁判官條例》
104A. Evidence in absence of accused in proceedings for his return to Hong Kong
(1) If it is made to appear to any magistrate, by any credible person, that any person within Hong Kong is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, in any proceedings relating to the return to Hong Kong of any person accused or convicted of an offence the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in the summons before a magistrate to give evidence or to produce the document or thing, and may take depositions in the absence of the person accused in like manner as he might take the same if such person were present and accused of an offence before him.
(2) A magistrate may enforce the attendance of a person summoned under subsection (1) in the manner provided in Part II for enforcing the attendance of a witness.
(3) If, on the appearance of a person summoned under subsection (1), he refuses to be examined upon oath, or refuses to take such oath or having taken such oath refuses without just excuse to answer such questions concerning the premises as may then be put to him, the magistrate may, by warrant under his hand and seal, commit such person to prison there to remain and be imprisoned for 2 months, unless he shall in the meantime consent to be examined and to answer concerning the premises.
(4) In this section, person accused or convicted of an offence (被控人或被定罪的人) includes a person wanted for prosecution, or for the imposition or enforcement of a sentence, in respect of an offence. (Added 23 of 1997 s. 28)
(Added 65 of 1977 s. 3) | 1,325 |
### Securities and Futures Ordinance 《證券及期貨條例》
307O. Notice and effect of orders of Tribunal
(1) The Tribunal must by notice in writing notify a person of an order made in respect of the person under section 307N(1).
(2) The order takes effect at the time when it is notified to the person or at the time specified in the notice, whichever is the later.
(3) If the Tribunal makes an order under section 307N(1)(b), the Commission may notify any licensed person or registered institution of the order in any manner the Commission considers appropriate.
(4) A person who fails to comply with an order made under section 307N(1)(a), (b) or (c) commits an offence and is liable—
(a) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.
307P. Costs
(1) Subject to subsection (4), at the conclusion of any disclosure proceedings, or as soon as reasonably practicable after the conclusion of the proceedings, the Tribunal may by order award to any of the following persons a sum it considers appropriate in respect of the costs reasonably incurred by the person in relation to the proceedings—
(a) a person whose attendance, whether as a witness or otherwise, has been necessary or required for the purposes of the proceedings;
(b) a person whose conduct is the subject, whether wholly or in part, of the proceedings.
(2) Any costs awarded under this section are a charge on the general revenue.
(3) Subject to any rules made by the Chief Justice under section 307X, Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A) applies to the award of costs, and to the taxation of any costs awarded, by the Tribunal under this section.
(4) Subsection (1)(a) and (b) does not apply to—
(a) a person who has been identified under section 307J(1)(b) as being in breach of a disclosure requirement;
(b) a person whose conduct the Tribunal considers has caused, whether wholly or in part, the Tribunal to investigate or consider the person’s conduct during the course of the disclosure proceedings; or
(c) a person whom the Tribunal considers has by the person’s conduct caused, whether wholly or in part, the institution of the disclosure proceedings.
### Securities and Futures Ordinance 《證券及期貨條例》
307Q. Report of Tribunal
(1) After the conduct of any disclosure proceedings, the Tribunal must prepare a written report of the proceedings, which must contain—
(a) any determinations under section 307J(1) and orders under section 307N, and the reasons for making the determinations and orders; and
(b) any order under section 307P and the reasons for making the order.
(2) The Tribunal must issue the report prepared under subsection (1)—
(a) by giving a copy of the report to the Commission; and
(b) except where the Tribunal sat in private for the whole or any part of its proceedings, by—
(i) publishing the report so that copies of the report are available to the public;
(ii) giving a copy of the report, so far as reasonably practicable, to any person whose conduct was directly in question in the proceedings;
(iii) where the Tribunal considers appropriate, giving a copy of the report to any body which may take disciplinary action against a person who is a member or regulatee of the body and who is identified under section 307J(1)(b) as being in breach of a disclosure requirement. (Amended L.N. 66 of 2022)
(3) Where the Tribunal sat in private for the whole or any part of its proceedings, the Commission may, if the Commission is of the opinion that it is in the public interest to do so, cause the whole or any part of the report to be made available to the public or to a particular person or body in the manner the Commission directs.
(4) A person is not liable to civil or criminal proceedings for publishing a true and accurate account or a fair and accurate summary of a report of the Tribunal issued or made available under subsection (2)(b) or (3).
307R. Form and proof of orders of Tribunal
Section 263 applies to an order of the Tribunal in disclosure proceedings.
307S. Registration and filing of orders of Tribunal
(1) Section 264(1) applies to an order of the Tribunal in disclosure proceedings.
(2) The Tribunal must file an order made under section 307N(1)(a) with the Registrar of Companies as soon as reasonably practicable after it is made.
307T. Stay of execution of orders of Tribunal
On application by a person in respect of whom an order has been made under section 307N or 307P, the Tribunal may by order grant a stay of execution of the order, subject to any conditions as to costs, payment of money into the Tribunal or otherwise, as the Tribunal considers appropriate.
### Securities and Futures Ordinance 《證券及期貨條例》
307U. Appeal to Court of Appeal
(1) If the Tribunal has made any finding or determination for the purposes of any disclosure proceedings and the Commission, or a person identified under section 307J(1)(b) as being in breach of a disclosure requirement, is dissatisfied with the finding or determination, the Commission or the person may, after the Tribunal has made orders (if any) under section 307N or 307P for the purposes of the proceedings, appeal to the Court of Appeal against the finding or determination—
(a) on a point of law; or
(b) with the leave of the Court of Appeal, on a question of fact.
(2) A person in respect of whom an order has been made under section 307N or 307P may appeal to the Court of Appeal against the order.
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### Entertainment Special Effects Ordinance 《娛樂特別效果條例》
13. Exemptions from section 10
(1) Section 10 shall not apply where—
(a) the discharge of special effects materials is carried out—
(i) by a licensed special effects operator; and
(ii) in the presence of a public officer or person authorized by the Authority; and
(iii) for the purpose of demonstrating or assessing the effects of any such materials, or, where the special effects materials in question are pyrotechnic special effects materials, for the purpose of applying for any such materials to be registered and included in the register;
(b) the special effects materials in question are of deteriorated or damaged pyrotechnic special effects materials and the discharge is carried out—
(i) by a licensed special effects operator; and
(ii) purely for the destruction of such materials; and
(iii) in compliance with the prescribed requirements;
(c) the special effects materials in question are non-pyrotechnic special effects materials and—
(i) the quantity of each of the special effects material in question does not exceed the prescribed quantity; and
(ii) the discharge complies with other prescribed conditions; or
(d) the circumstances referred to in section 8(a) or (b) apply.
(2) Nothing in this section shall be deemed to exempt a licensed special effects operator from the requirement to comply with the terms and conditions of his licence.
14. Pyrotechnic special effects materials to be registered
(1) Subject to section 15 and unless otherwise approved by the Authority in writing, no person shall supply, convey, store, or use any pyrotechnic special effects material in Hong Kong unless that material has been registered and included in the register under section 16(2) or 17(2).
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on a first conviction to a fine at level 6 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction to a fine of $200,000 and to imprisonment for 12 months.
(3) It shall be a defence to a charge under subsection (2) for the person charged to prove that he did not know and could not with reasonable diligence have known that the material in question had not been registered or had not been included in the register.
### Entertainment Special Effects Ordinance 《娛樂特別效果條例》
15. Pyrotechnic special effects materials in transit, etc.
(1) Section 14 shall not apply to the conveyance of pyrotechnic special effects materials that are—
(a) in transit;
(b) air transhipment cargoes within the meaning of section 2 of the Import and Export Ordinance (Cap. 60).
(2) For the purposes of subsection (1)(a), a pyrotechnic special effects material is in transit if—
(a) it is brought into Hong Kong solely for the purpose of taking it out of Hong Kong; and
(b) it remains at all times in or on the vessel, aircraft or vehicle in or on which it is brought into Hong Kong.
16. Application for registration
(1) An application for the registration of a pyrotechnic special effects material shall be made to the Authority—
(a) in such form and manner; and
(b) be accompanied by such documents and particulars,
as the Authority may require.
(2) Where the application under subsection (1) is approved, the Authority shall include the pyrotechnic special effects material to which the application relates in a register.
17. Register
(1) The Authority shall cause a register to be kept in such form and containing such information respecting registered pyrotechnic special effects materials as he thinks fit.
(2) Apart from pyrotechnic special effects materials which have been registered and included in the register under section 16(2), the Authority may of his own accord register and enter such pyrotechnic special effects materials in the register as he thinks fit.
(3) The Authority shall make the register available for public inspection subject to such conditions as he thinks fit.
### Entertainment Special Effects Ordinance 《娛樂特別效果條例》
18. Restriction on supply, etc. of pyrotechnic special effects materials
(1) Subject to section 14 and subsections (2) and (3), no person shall—
(a) supply; or
(b) offer; or
(c) expose for supply,
any pyrotechnic special effects materials except under and in accordance with a pyrotechnic special effects materials supplier licence unless otherwise approved by the Authority.
(2) Unless otherwise approved by the Authority, a licensed supplier shall not supply or offer or expose for supply any pyrotechnic special effects materials to any person except—
(a) another licensed supplier; or
(b) a licensed special effects operator.
(3) Notwithstanding subsections (1) and (2), a licensed supplier shall not supply or offer or expose for supply any pyrotechnic special effects materials to the persons referred to in subsection (2)(a) and (b) unless the terms and conditions of their supplier licences or special effects operator licences, as the case may be, permit them to supply or use those pyrotechnic special effects materials.
(4) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on a first conviction to a fine at level 6 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction to a fine of $200,000 and to imprisonment for 12 months.
(5) Any person who contravenes subsection (2) commits an offence and is liable—
(a) on a first conviction to a fine at level 5 and to imprisonment for 1 month; and
(b) on a second or subsequent conviction to a fine at level 6 and to imprisonment for 3 months.
(6) Any person who contravenes subsection (3) commits an offence and is liable—
(a) on a first conviction to a fine at level 4; and
(b) on a second or subsequent conviction to a fine at level 5 and to imprisonment for 1 month.
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### Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations 《工廠及工業經營(安全主任及安全督導員)規例》
19A. Display of notice
(1) The proprietor of an industrial undertaking—
(a) specified in the first column of paragraph 1(a), (c), (e) or (g) of the Fourth Schedule who has in his employ a safety officer as required by regulation 14(1) shall display in a conspicuous place at the industrial undertaking in which that safety officer is employed; or
(b) specified in the first column of paragraph 1(b), (d), (f) or (h) of the Fourth Schedule who has in his employ a safety officer as required by regulation 14(1) shall display in a conspicuous place at each of the premises or sites comprising the industrial undertaking in respect of which that safety officer is employed,
a notice in the approved form showing in both the English and Chinese languages the name of that proprietor and the name, contact telephone number and duties of that safety officer.
(2) The proprietor of an industrial undertaking—
(a) specified in the first column of paragraph 2(a), (c), (e) or (g) of the Fourth Schedule who has in his employ a safety supervisor as required by regulation 16 shall display in a conspicuous place at the industrial undertaking in which that safety supervisor is employed; or
(b) specified in the first column of paragraph 2(b), (d), (f) or (h) of the Fourth Schedule who has, in respect of any premises or site in the industrial undertaking, in his employ a safety supervisor as required by regulation 16 shall display in a conspicuous place at such premises or site,
a notice in the approved form showing in both the English and Chinese languages the name of that proprietor and the name, contact telephone number and duties of that safety supervisor.
(L.N. 352 of 1994; L.N. 100 of 2002)
20. Action to be taken on reports
The proprietor of an industrial undertaking shall, in relation to a report submitted to him under regulation 15(1)(j), by a person employed as a safety officer, or a report submitted to him under regulation 17(1)(b)(iv), by a person employed as a safety supervisor—
(a) discuss the report with the safety officer or the safety supervisor, as the case may be, as soon as practicable after the report is submitted to him;
(b) countersign the report and indicate the date when it was discussed under subparagraph (a); and
(c) keep the report for a period of 3 years from the date it was discussed under subparagraph (a). (E.R. 1 of 2022)
### Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations 《工廠及工業經營(安全主任及安全督導員)規例》
21. Production of reports to Commissioner
(1) The Commissioner may, by notice in writing served on the proprietor of an industrial undertaking, require the proprietor to produce any report kept under regulation 20(c) by the proprietor to him before the expiry of such time being not less than 14 days as shall be specified in the notice.
(2) The proprietor of an industrial undertaking on whom a notice is served under paragraph (1), shall before the expiry of the time specified in the notice, produce the report to the Commissioner.
22. Offences and penalties
A proprietor of an industrial undertaking who—
(a) contravenes regulation 14 or 16 commits an offence and is liable on conviction to a fine of $400,000;
(b) contravenes regulation 18(2), 19, 20 or 21(2) commits an offence and is liable on conviction to a fine at level 6; or
(c) contravenes regulation 19A commits an offence and is liable on conviction to a fine at level 4.
(5 of 2023 s. 52)
23. Forms
In these regulations—
approved form (認可格式) means such form as the Commissioner for Labour may from time to time approve by notice in the Gazette or, where the Commissioner for Labour gives prior approval for a different form to be used, such different form.
### Factories and Industrial Undertakings (Abrasive Wheels) Regulations 《工廠及工業經營(砂輪)規例》
1. Citation
These regulations may be cited as the Factories and Industrial Undertakings (Abrasive Wheels) Regulations.
2. Interpretation
In these regulations, unless the context otherwise requires—
abrasive wheel (砂輪) means—
(a) a wheel, cylinder, disc or cone which consists wholly or partly of abrasive particles held together by mineral, metallic or organic bonds whether natural or artificial;
(b) a—
(i) mounted wheel or point; or
(ii) wheel or disc, having separate segments of abrasive material;
(c) a wheel or disc—
(i) made of metal, wood or rubber; and
(ii) having any surface consisting wholly or partly of abrasive material; and
(d) a wheel, disc or saw to any surface of which, in each case, is attached a rim or segments consisting of diamond abrasive particles,
and which is, or is intended to be, power driven and which is for use in any grinding or cutting operation;
employee (僱員) means a person who in an industrial undertaking is employed in using any abrasive wheel in any grinding or cutting operation;
mounted wheel or point (嵌固輪子或端點) means a wheel or point consisting in either case of abrasive particles held together by mineral, metallic or organic bonds whether natural or artificial and securely and permanently mounted on the end of a mandrel or quill;
overhang (外露軸段), in relation to a mounted wheel or point, means that part of the mandrel or quill which is exposed between the collet in which the mandrel or quill is held and the part of the abrasive material nearest to that collet.
3. Application
Subject to regulation 4, these regulations shall apply to any abrasive wheel used for any grinding or cutting operation in any industrial undertaking.
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### Limited Partnership Fund Ordinance 《有限合夥基金條例》
1. Short title
(Amended E.R. 7 of 2020)(1) This Ordinance may be cited as the Limited Partnership Fund Ordinance.
(2) (Omitted as spent—E.R. 7 of 2020)
### Limited Partnership Fund Ordinance 《有限合夥基金條例》
3. Meaning of fund
(1) Subject to subsection (2), an arrangement in respect of any property is a fund if—
(a) either or both of the following apply—
(i) the property is managed as a whole by, or on behalf of, the persons operating the arrangement (operating persons
4. Financial Secretary may prescribe arrangements as not being funds
(1) For the purposes of section 3(2)(h), the Financial Secretary may by notice published in the Gazette prescribe, either generally or in a particular case, that an arrangement, or a class or description of arrangements, is not to be regarded as a fund.
(2) Without limiting subsection (1), a notice under that subsection may prescribe the circumstances under which or the purposes for which an arrangement, or a class or description of arrangements, referred to in the notice is not to be regarded as a fund.
### Limited Partnership Fund Ordinance 《有限合夥基金條例》
5. References to general partner
If a limited partnership fund has an authorized representative, a reference to the general partner in the fund in the following provisions is a reference to the authorized representative—
(a) section 18(3);
(b) section 20(1);
(c) section 21(1);
(d) section 22;
(e) section 24(1), (2)(c) and (3);
(f) section 25(1) (except paragraphs (a) and (b)) and (4);
(g) section 26(1);
(h) section 28;
(i) section 29(2)(a);
(j) section 30(2)(b);
(k) section 31(1) and (4);
(l) section 33(1);
(m) section 40(2) and (4);
(n) section 51(1)(h)(ii);
(o) section 56(1), (2) (except paragraph (b)) and (3);
(p) section 57(2) and (3);
(q) section 58(2);
(r) section 59(1)(b)(ii);
(s) section 65(1), (3)(b) and (4);
(t) section 66(2)(a), (3)(c)(ii) and (4);
(u) section 68(1);
(v) section 71(1)(e) and (2)(a) and (b);
(w) section 72(1) and (2)(a);
(x) section 82(2); (Amended 34 of 2021 s. 27)
(xa) section 82E(2); (Added 34 of 2021 s. 4)
(xb) section 82F(2); (Added 34 of 2021 s. 4. Amended 34 of 2021 s. 27)
(y) section 85;
(z) section 95(2).
6. References to delivering documents
In this Ordinance, a reference to delivering a document includes sending, supplying, forwarding or producing it.
### Limited Partnership Fund Ordinance 《有限合夥基金條例》
7. Eligibility
(1) A fund is eligible to be registered as a limited partnership fund if, on its registration as a limited partnership fund—
(a) the fund is constituted by a limited partnership agreement, and the arrangements in the agreement do not contravene this Ordinance or any other applicable law;
(b) the fund has one general partner and at least one limited partner;
(c) the general partner in the fund is—
(i) a natural person who is at least 18 years old;
(ii) a private company limited by shares incorporated under the Companies Ordinance (Cap. 622) or a former Companies Ordinance;
(iii) a registered non-Hong Kong company;
(iv) a limited partnership registered under the Limited Partnerships Ordinance (Cap. 37);
(v) a limited partnership fund;
(vi) a non-Hong Kong limited partnership with a legal personality; or
(vii) a non-Hong Kong limited partnership without a legal personality;
(d) every limited partner in the fund is—
(i) a natural person (whether in the person’s capacity as trustee, or in the person’s own or any representative capacity); or
(ii) a corporation, a partnership of any kind, an unincorporated body or any other entity (whether in its capacity as trustee, or in its own or any representative capacity);
(e) the fund’s name complies with the requirements in section 8;
(f) registration of the fund by its name will not contravene the restrictions in section 9;
(g) the fund has an office in Hong Kong to which communications and notices may be sent;
(h) the fund is not set up for an unlawful purpose; and
(i) not all the partners in the fund are corporations in the same group of companies.
(2) Despite paragraph (i) of subsection (1), a fund that does not meet the eligibility requirement in that paragraph is eligible to be registered as a limited partnership fund if—
(a) it meets all the other eligibility requirements in that subsection; and
(b) the application of the fund for registration as a limited partnership fund contains a statement that—
(i) all the proposed partners in the fund are corporations in the same group of companies; and
(ii) the applicant understands that if the fund is registered as a limited partnership fund, the Registrar may strike the name of the fund off the LPF Register if all the partners in the fund are corporations in the same group of companies after the second anniversary of the date on which its certificate of registration is issued. (Amended 34 of 2021 s. 5)
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### Legislative Council Ordinance 《立法會條例》
29. Elector to be 18 years of age
(1) A natural person is not eligible to be registered as an elector for a geographical constituency or functional constituency unless—
(a) the person has reached 18 years of age; or
(b) the person’s eighteenth birthday falls on or before 25 September next following the person’s application for registration.
(2) Despite subsection (1)(b), if a person’s eighteenth birthday falls on or before 25 September 2021 but after 25 July 2021, the person is not eligible to be registered as an elector for a geographical constituency or functional constituency until the person has reached 18 years of age.
(Replaced 14 of 2021 s. 304)
30. Applicant for registration as elector to be in possession of identity document
(1) A natural person is not eligible to be registered as an elector for a geographical constituency or functional constituency unless, at the time of applying to be registered, the person satisfies the Electoral Registration Officer that the person— (Amended 14 of 2021 s. 305)
(a) holds an identity document; or
(b) has—
(i) applied for a new identity document; or
(ii) requested the alteration of the identity document or the issue of a new identity document,
in replacement of the identity document previously issued to the person,
and informs that Officer of the document’s identifying number (if any).
(2) This section has effect even though a person would otherwise be eligible to be registered as an elector for a geographical constituency or functional constituency. (Amended 14 of 2021 s. 305)
### Legislative Council Ordinance 《立法會條例》
31. When person is disqualified from being registered as an elector
(1) A natural person is disqualified from being registered as an elector for a geographical constituency or functional constituency if the person— (Amended 14 of 2021 s. 306)
(a)-(c) (Repealed 7 of 2009 s. 7) (d) is found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs; or (Replaced 25 of 2003 s. 17)
(e) is a member of the armed forces of the Central People’s Government or any other country or territory.
(2) Subsection (1) applies to an authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person. (Amended 2 of 2011 s. 14)
(3) A consular post to which any privilege or immunity is accorded under the Consular Relations Ordinance (Cap. 557) is disqualified from being registered as a corporate elector. (Added 2 of 2011 s. 14)
(4) An organization to which section 2 of the International Organizations and Diplomatic Privileges Ordinance (Cap. 190) applies or an international organization defined in section 2 of the International Organizations (Privileges and Immunities) Ordinance (Cap. 558) is disqualified from being registered as a corporate elector. (Added 2 of 2011 s. 14)
(5) A body which is a department or an agency of a government of a place outside the People’s Republic of China, whether at national, regional or municipal level, is disqualified from being registered as a corporate elector. (Added 11 of 2012 s. 34)
(6) For the purposes of subsection (5), a body is not regarded as a department or an agency of a government of a place unless—
(a) the management of the body is appointed by the government and is answerable to the government;
(b) the principal function of the body is to advance the interest of the place; and
(c) the body is non-profit-making. (Added 11 of 2012 s. 34)
### Legislative Council Ordinance 《立法會條例》
33. When final register is to take effect
(1) A final register takes effect on the date of its publication and continues to have effect until the publication of the next final register. (Amended 48 of 1999 s. 19; 21 of 2001 s. 65)
(2) (Repealed 21 of 2001 s. 65)
34. Right of appeal to Revising Officer against decisions of Electoral Registration Officer
(1) A person who is dissatisfied with a decision of the Electoral Registration Officer made for the purposes of this Ordinance may appeal against the decision to a Revising Officer.
(2) The determination of a Revising Officer on such an appeal is final.
(2A) A Revising Officer may determine an appeal without a hearing on the basis of written submissions only. (Added 1 of 2019 s. 7)
(2B) Subsections (3) and (4) apply if a hearing is held for an appeal. (Added 1 of 2019 s. 7)
(3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the respondent at the hearing of the appeal.
(4) At the hearing of the appeal, the appellant or any other person concerned in the appeal is entitled to appear in person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person.
35. Vacancy in membership of Legislative Council to be declared
(1) The Clerk to the Legislative Council must, by notice published in the Gazette, declare the existence of a vacancy in the membership of that Council within 21 days after becoming aware of the vacancy.
(2) (Repealed 48 of 1999 s. 20) | 1,331 |
### Bedspace Apartments Ordinance 《床位寓所條例》
15. Revocation of licence
Subject to sections 16 and 26(2), the Authority may at any time by notice in writing served on a licensee revoke his licence—
(a) on any ground specified in section 12(5)(a) or (c) which would have entitled him to refuse to issue a licence in respect of the bedspace apartment;
(b) on the ground that any requirement of section 18 has not been complied with;
(c) on the ground that the licensee has been convicted of—
(i) an offence under this Ordinance in respect of the bedspace apartment; or
(ii) an indictable offence under any other enactment in connection with any matter relating to the bedspace apartment;
(d) on the ground that in respect of the bedspace apartment, a direction given in a notice served under section 21(1) or any other order or direction made or given under this Ordinance has not been or is not being complied with in whole or in part;
(e) if it appears to him that the bedspace apartment has ceased operation;
(f) on the ground that any statement made or any information supplied to the Authority in or in connection with the application for the issue or renewal of the licence proves to be false in any material particular; or
(g) on the ground that any information furnished under section 20(1)(b)(i) proves to be false in any material particular.
16. Notice of refusal of renewal, variation of conditions or revocation
(1) Subject to subsection (3), the Authority shall, before serving notice under section 8(4), 9(4), 10, 13(4), 14 or 15, serve on the holder of the certificate of exemption or (as the case may be) the licensee notice in writing of his intention to do so stating the ground on which he intends to serve such notice and indicating that any person may make written representations to him within 28 days after service of the notice.
(2) The Authority shall, at the time of service of any notice under subsection (1), cause a copy of such notice to be posted in a conspicuous place in or upon the premises used as the bedspace apartment.
(3) Where the Authority is of the opinion that there is imminent danger to the occupiers of the bedspace apartment in respect of which notice is served under section 10 or 15 or to the occupiers of any neighbouring premises or building or the public, the Authority may dispense with the service of a notice under subsection (1).
### Bedspace Apartments Ordinance 《床位寓所條例》
17. Transfer of licence
(1) Except as provided in this section a licence shall not be transferable.
(2) The Authority may, upon application made to him in such form and manner as he may determine, and on being satisfied as to the proposed operation, keeping, management or other control of the bedspace apartment by the person to whom the transfer is to be made or by another on his behalf, permit the transfer to such person of a licence until its expiration, and shall endorse a note of such transfer on the licence.
18. Precautions for safety and sanitation
(1) A licensed bedspace apartment shall comply with such standards and requirements relating to building and fire safety and sanitation as are provided for in this section.
(2) The design, structure, construction and the means of ingress and egress of the premises used or intended to be used as a licensed bedspace apartment and the properties of the materials of which such premises and any partitions therein are constructed shall be such, and such fire service installations and equipment, means of escape and sanitary and plumbing facilities shall be provided in such premises, as to provide safe and hygienic accommodation to the occupiers and to ensure their safe escape in the event of a fire or other emergency.
(3) Any premises used or intended to be used as a licensed bedspace apartment and all fixtures, fittings, equipment, facilities and installations in or on such premises and any exit routes and means of escape therefrom shall be properly maintained in good repair and a safe condition free from any risk of fire or injury to person, and any hazards to the safety of the occupiers occasioned by any dilapidation or lack of proper maintenance of any such fixtures, fittings, equipment, facilities or installations or any obstruction of any such exit routes or means of escape shall be repaired, remedied or removed as soon as practicable.
(4) All fire service installations and equipment and all electrical wiring and installations in any premises used or intended to be used as a licensed bedspace apartment shall be installed and maintained by contractors possessing such qualifications as may be required by any enactment applicable to the installation or maintenance thereof.
### Bedspace Apartments Ordinance 《床位寓所條例》
19. Code of practice and directions
(1) For the purpose of providing practical guidance in respect of the requirements of section 18, the Authority may from time to time give directions both generally in the form of codes of practice and particularly by notice in writing addressed to the licensee of a licensed bedspace apartment or, as the case may be, an applicant for a licence in respect of a bedspace apartment.
(2) The Authority may from time to time revise the whole or any part of any code of practice or any particular direction given under subsection (1) by revoking, varying or adding to its provisions or requirements.
(3) A code of practice or any revision to a code of practice shall take effect upon its publication by the Authority by notice in the Gazette.
(4) The Authority shall, on the issue of a code of practice or any revision to a code of practice, cause it to be printed and distributed to the holder of each certificate of exemption issued under this Ordinance and to each licensee and may make arrangements for its distribution to the public.
(5) Failure on the part of any person to comply with the provisions of any code of practice or with any particular direction given under subsection (1) shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal and including proceedings for an offence under this Ordinance) be relied on by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.
| 1,332 |
### Stamp Duty Ordinance 《印花稅條例》
29AC. Meaning of beneficial owner of residential property
(1) For the purposes of this Part and head 1 in the First Schedule—
beneficial owner (實益擁有人), in relation to a residential property—
(a) includes a purchaser under an agreement for sale of the property that is subsisting; and
(b) excludes a vendor under an agreement for sale of the property that is subsisting.
(2) For subsection (1), an agreement for sale of a residential property is subsisting if—
(a) the agreement provides for the conveyance of the property but the conveyance is not yet executed; and
(b) the agreement is not one that is—
(i) cancelled, annulled or rescinded; or
(ii) otherwise not performed.
(3) For the purposes of this Part and head 1 in the First Schedule, a reference to a beneficial owner of a residential property includes a beneficial owner of part of the property.
(Added 14 of 2014 s. 10)
29AD. Meaning of closely related persons
For the purposes of this Part and head 1 in the First Schedule—
(a) 2 persons are closely related if one of them is the parent, spouse, child, brother or sister of the other; and
(b) 3 or more persons are closely related if each of them is a parent, spouse, child, brother or sister of each of the others.
(Added 14 of 2014 s. 10)
### Stamp Duty Ordinance 《印花稅條例》
29AF. Dates of acquisition and disposal of immovable property: conveyance on sale executed in pursuance of agreement for sale
(1) Subsections (2), (3) and (4) apply if a conveyance on sale of immovable property—
(a) is executed in pursuance of an agreement for sale; and
(b) is in favour of—
(i) a purchaser under the agreement (original purchaser); and
(ii) another person who is not an original purchaser (additional transferee).
(2) The date of acquisition by the original purchaser of the property is as follows—
(a) the date of the agreement for sale mentioned in subsection (1); or
(b) if the agreement consists of 2 or more instruments—the date of the first of those instruments.
(3) The date of disposal by the original purchaser of the proportion of the property to be transferred to or vested in the additional transferee is as follows—
(a) the date of the conveyance on sale mentioned in subsection (1); or
(b) if the conveyance consists of 2 or more instruments—the date of the first of those instruments.
(4) The date of acquisition by the additional transferee of that transferee’s proportion of the property is as follows—
(a) the date of the conveyance on sale mentioned in subsection (1); or
(b) if the conveyance consists of 2 or more instruments—the date of the first of those instruments.
(5) Subsections (6), (7) and (8) apply if a conveyance on sale of immovable property—
(a) is executed in pursuance of an agreement for sale; and
(b) is in favour of one or some (but not all) of the purchasers under the agreement (original purchasers).
(6) For subsections (7) and (8), a person is a withdrawn purchaser if—
(a) the person is one of the original purchasers; and
(b) the conveyance concerned is not executed in favour of the person.
(7) The date of acquisition by a withdrawn purchaser of that purchaser’s proportion of the property is as follows—
(a) the date of the agreement for sale mentioned in subsection (5); or
(b) if the agreement consists of 2 or more instruments—the date of the first of those instruments.
(8) The date of disposal by a withdrawn purchaser of that purchaser’s proportion of the property is as follows—
(a) the date of the conveyance on sale mentioned in subsection (5); or
(b) if the conveyance consists of 2 or more instruments—the date of the first of those instruments.
(Added 14 of 2014 s. 10)
### Stamp Duty Ordinance 《印花稅條例》
29AH. Instruments involving minors or mentally incapacitated persons
For determining the stamp duty payable on an instrument under this Part (except sections 29CA, 29CB, 29DA and 29DB) and head 1 (except sub-heads (1AA), (1AAB), (1B) and (1C)) in the First Schedule, if it is shown to the satisfaction of the Collector that—
(a) a party to the instrument is acting in the transaction as a trustee or guardian for another person; and
(b) the other person is a Hong Kong permanent resident who is a minor or mentally incapacitated person,
the Collector must treat the other person as a party to the instrument in place of the trustee or guardian.
(Added 14 of 2014 s. 10)
29AI. Scales of rates applicable to conveyances on sale chargeable with ad valorem stamp duty
Except as provided in sections 29AIA, 29AJ, 29AK, 29AL, 29AM, 29AN, 29AO, 29AP, 29AQ, 29AR and 29AS and Notes 1B and 1C to head 1(1) in the First Schedule, a conveyance on sale is chargeable with stamp duty—
(a) if the property concerned is residential property, under Part 1 of Scale 1 of head 1(1) in the First Schedule; or
(b) if the property concerned is non-residential property, under Scale 2 of head 1(1) in the First Schedule. (Amended L.N. 231 of 2020 and 2 of 2021 s. 5)
(Replaced 2 of 2018 s. 5) | 1,332 |
### Limitation Ordinance 《時效條例》
19. Limitation of action to recover money secured by a mortgage or charge or to recover proceeds of the sale of land
(1) No action shall be brought to recover any principal sum of money secured by a mortgage or other charge on property, or to recover proceeds of the sale of land, after the expiration of 12 years from the date when the right to receive the money accrued. (Amended 31 of 1991 s. 8)
(2) No foreclosure action in respect of mortgaged personal property shall be brought after the expiration of 12 years from the date on which the right to foreclose accrued: (Amended 31 of 1991 s. 8)
Provided that if, after that date the mortgagee was in possession of the mortgaged property, the right to foreclose on the property which was in his possession shall not, for the purposes of this subsection, be deemed to have accrued until the date on which his possession discontinued.
(3) The right to receive any principal sum of money secured by a mortgage or other charge and the right to foreclose on the property subject to the mortgage or charge shall not be deemed to accrue so long as that property comprises any future interest or any life insurance policy which has not matured or been determined.
(4) Nothing in this section shall apply to a foreclosure action in respect of mortgaged land, but the provisions of this Ordinance relating to actions to recover land shall apply to such an action.
(5) No action to recover arrears of interest payable in respect of any sum of money secured by a mortgage or other charge or payable in respect of proceeds of the sale of land, or to recover damages in respect of such arrears, shall be brought after the expiration of 6 years from the date on which the interest became due:
Provided that—
(a) where a prior mortgagee or other incumbrancer has been in possession of the property charged, and an action is brought within 1 year of the discontinuance of such possession by the subsequent incumbrancer, he may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect thereof, notwithstanding that the period exceeded 6 years;
(b) where the property subject to the mortgage or charge comprises any future interest or life insurance policy and it is a term of the mortgage or charge that arrears of interest shall be treated as part of the principal sum of money secured by the mortgage or charge, interest shall not be deemed to become due before the right to receive the principal sum of money has accrued or is deemed to have accrued.
(6) This section shall not apply to any mortgage or charge on a ship.
[cf. 1939 c. 21 s. 18 U.K.]
### Limitation Ordinance 《時效條例》
20. Limitation of actions in respect of trust property
(1) No period of limitation prescribed by this Ordinance shall apply to an action by a beneficiary under a trust, being an action—
(a) in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or
(b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to his use.
(2) Subject as aforesaid, an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this Ordinance, shall not be brought after the expiration of 6 years from the date on which the right of action accrued:
Provided that the right of action shall not be deemed to have accrued to any beneficiary entitled to a future interest in the trust property, until the interest fell into possession.
(3) No beneficiary as against whom there would be a good defence under this Ordinance shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Ordinance had been pleaded in defence.
[cf. 1939 c. 21 s. 19 U.K.]
21. Limitation of actions claiming personal estate of a deceased person
Subject to the provisions of section 20(1), no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of 12 years from the date when the right to receive the share or interest accrued, and no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of 6 years from the date on which the interest became due.
[cf. 1939 c. 21 s. 20 U.K.]
### Limitation Ordinance 《時效條例》
22A. Extension for cases where the limitation period is the period under section 31(4)(b)
(1) Subject to subsection (2), if in the case of any action for which a period of limitation is prescribed by section 31—
(a) the period applicable in accordance with section 31(4) is the period mentioned in section 31(4)(b);
(b) on the date which is for the purposes of that section the date of knowledge, the person by reference to whose knowledge that date fell to be determined under section 31(1) was under a disability; and
(c) section 22 does not apply to the action,
the action may be brought at any time before the expiration of 3 years from the date when he ceased to be under a disability or died (whichever first occurred) notwithstanding that the period mentioned above has expired.
(2) An action may not be brought by virtue of subsection (1) after the end of the period of limitation prescribed by section 32.
(Added 31 of 1991 s. 11)[cf. 1980 c. 58 s. 28A U.K.] | 1,332 |
### Insurance Ordinance 《保險業條例》
53F. Prescribed person to send report directly to Authority in certain cases relating to licensed insurance broker companies, etc.
(1) This section applies if—
(a) a prescribed person who is an auditor of a specified broker becomes aware of evidence of a failure by the specified broker to comply with the specified rules when the person discharges duties in the capacity as an auditor of the specified broker; or
(b) a prescribed person who is a former auditor of a specified broker becomes aware of evidence of a failure by the specified broker to comply with the specified rules when the person discharged duties in the capacity as a former auditor of the specified broker.
(2) The prescribed person must, as soon as practicable after becoming aware of the evidence, send to the Authority a report in writing of the failure.
(3) In subsection (1)(b), a reference to evidence includes evidence of which the prescribed person became aware when the person was an auditor of the specified broker.
(4) In this section—
specified broker (指明經紀) means—(a) a licensed insurance broker company;
(b) a former licensed insurance broker company; or
(c) a person who was formerly an authorized insurance broker within the meaning of the pre-amended Ordinance;
specified rules (指明規則)—(a) in relation to a licensed insurance broker company or a former licensed insurance broker company, means rules made under section 129 that set out the requirements—
(i) in relation to the capital and net assets of a licensed insurance broker company;
(ii) in relation to the professional indemnity insurance taken out by a licensed insurance broker company;
(iii) in relation to the keeping of separate client accounts by a licensed insurance broker company; and
(iv) in relation to the keeping of proper books and accounts by a licensed insurance broker company;
(b) in relation to a person who was formerly an authorized insurance broker within the meaning of the pre-amended Ordinance, means the minimum requirements specified by the former authority under the pre-amended Ordinance—
(i) in relation to the capital and net assets of an authorized insurance broker;
(ii) in relation to the professional indemnity insurance taken out by an authorized insurance broker;
(iii) in relation to the keeping of separate client accounts by an authorized insurance broker; and
(iv) in relation to the keeping of proper books and accounts by an authorized insurance broker.
(Added 12 of 2015 s. 72)
### Insurance Ordinance 《保險業條例》
53G. Prescribed person to send report directly to Authority in certain cases relating to designated insurance holding companies
(1) This section applies if a prescribed person, when discharging the person’s duties in that capacity in relation to the supervised group of a specified company, becomes aware of—
(a) a matter that, in the person’s opinion, adversely affects the financial condition of the group to a material extent; or
(b) evidence of a failure by the company to comply with a specified requirement.
(2) The prescribed person must, as soon as practicable after becoming aware of the matter or evidence, send to the Authority a written report of the matter or failure.
(3) In subsection (1), a reference to a matter or evidence includes a matter or evidence of which the prescribed person became aware when the person was a prescribed person in relation to the supervised group of the specified company.
(4) In this section—
prescribed person (訂明人士) means a person who falls within paragraph (d) or (e) of the definition of prescribed person
64A. Interpretation (Part IXA)
(1) In this Part—
guardian (監護人) means a guardian appointed under or acting by virtue of the Guardianship of Minors Ordinance (Cap. 13);
parent (父母), in relation to a minor, means father or mother.
(2) For the purpose of this Part, a parent of a minor, or a guardian of a ward under 18 years of age, shall be deemed to have an interest in the life of the minor or the ward, as the case may be.
64B. No contract of insurance to be made without interest
(1) No contract of insurance shall be entered into on the life of any person or on any other event—
(a) if the person for whose use or benefit or on whose account the contract is to be entered into has no interest; or
(b) by way of gaming or wagering.
(2) A contract of insurance entered into in contravention of subsection (1) is void by reason of that contravention.
### Insurance Ordinance 《保險業條例》
64C. No contract of insurance on lives without inserting the persons’ names, etc.
(1) Subject to subsections (3) and (4), no contract of insurance shall be entered into on the life of any person or other event without inserting in the contract the name of the person—
(a) interested in the life or event; or
(b) for whose use or benefit or on whose account the contract is entered into.
(2) A contract of insurance entered into in contravention of subsection (1) is void by reason of that contravention.
(3) Subsections (1) and (2) shall not invalidate a contract of insurance for the benefit of unnamed persons from time to time falling within a specified class or description if the class or description is stated in the contract with sufficient particularity to make it possible to establish the identity of all persons who at any given time are entitled to benefit under the contract.
(4) Subsection (3) applies to contracts of insurance effected before the commencement of the Insurance Companies (Amendment) Ordinance 1985 (8 of 1985) as well as to contracts of insurance effected thereafter.
64D. Recoverable amount
Where the insured under a contract of insurance has an interest in a life or event, no greater sum shall be recovered from the insurer under the contract than the amount of value of the interest of the insured in that life or event.
64E. Not to extend to ships, etc.
It is hereby declared that the provisions of this Part shall not extend, or be construed to extend, to contracts of insurance bona fide made by any person on ships, goods or merchandise.
| 1,333 |
### Mass Transit Railway Ordinance 《香港鐵路條例》
23. Settlement or determination of claim for compensation
(1) The Government may compromise or settle any claim for compensation under this Ordinance.
(2) In default of an agreement between the Government and a claimant as regards the amount of compensation, if any, payable to the claimant under this Ordinance, the compensation shall be determined by arbitration under the Arbitration Ordinance (Cap. 609).
(3) For the purposes of an arbitration under subsection (2), the Government and the claimant shall be regarded as having made an arbitration agreement within the meaning of the Arbitration Ordinance (Cap. 609) the terms of which include a provision that the compensation shall, in the absence of an agreement, be determined by a single arbitrator.
(Amended 17 of 2010 s. 112)
24. Provisional payment pending determination of compensation
(1) Pending any determination of compensation by an arbitrator as provided in section 23, the Government may pay to a claimant an amount as a provisional payment of the amount, if any, payable under the arbitrator’s determination.
(2) A payment by the Government under subsection (1) in respect of a claim does not prejudice the claim or the submission of the claim to, or its determination by, the arbitrator under this Part; but the amount of compensation payable under the arbitrator’s determination in respect of the claim shall be reduced by the amount of the payment made.
(3) Where the amount of compensation payable under a determination of the arbitrator is reduced under subsection (2) by the amount of any payment made under subsection (1), only the amount of the compensation as so reduced bears interest for the purpose of section 25(1).
(4) Where the amount of a payment made by the Government under subsection (1) in respect of a claim exceeds the amount of the compensation determined by the arbitrator in respect of the claim, the amount of the excess is recoverable by the Government as a civil debt.
### Mass Transit Railway Ordinance 《香港鐵路條例》
25. Interest on compensation
(1) Subject to this section and to section 24(3), a sum of money payable as compensation under this Ordinance bears interest as from the date on which the sum becomes payable until payment of the sum, calculated at a rate equal to the rate fixed by the Hong Kong Monetary Authority and known as the base rate, less 100 basis points.
(2) At any time after agreement or determination by an arbitrator of an amount of compensation to be paid under this Ordinance, the Government may, by notice published in the Gazette, require the claimant to collect the amount within the time and at the place specified in the notice, and in such case no interest is payable under this Ordinance in respect of the period after the expiry of the time so specified.
(3) No interest is payable under this Ordinance on any costs or remuneration in connection with the arbitration proceedings.
26. Appointment of inspectors
(1) The Secretary may in writing appoint any person as an inspector for the purposes of this Part.
(2) An inspector who is not a public officer may be paid, as a fee for his services, an amount determined by the Financial Secretary, and that amount shall be paid out of moneys provided for the purpose by the Legislative Council.
(3) When exercising any power, an inspector shall produce evidence of his identity, and of his appointment, to any person who requests him to do so.
(4) An inspector may take with him other persons whom he reasonably requires to assist him in the exercise of his powers.
### Mass Transit Railway Ordinance 《香港鐵路條例》
27. General powers of inspectors
(1) An inspector may—
(a) at all reasonable times enter upon premises to which this subsection applies;
(b) carry out on premises to which this subsection applies, or on any machinery, plant or equipment used in connection with the franchise, any test or inspection he considers expedient;
(c) require a person to whom this subsection applies—
(i) to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection;
(ii) to provide the inspector with information which the inspector specifies relating to the railway or any machinery, plant or equipment connected with the railway, and to answer any question or produce for inspection any document which is necessary for that purpose; and
(iii) to provide a copy of any document which the inspector may require to be produced for inspection under subparagraph (ii).
(2) Subsection (1) applies to—
(a) the railway, the railway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the railway; and
(b) any employee of the Corporation and any contractor or subcontractor mentioned in paragraph (a) and his employees.
(3) The powers conferred by this section or by regulations made under section 33 may be exercised by an inspector only for the purpose of—
(a) ensuring the safety of the railway or railway premises; or
(b) investigating an accident which involved the railway or which occurred on the railway or on railway premises, when the inspector is directed to do so pursuant to those regulations,
and are exercisable in relation to an extension to the railway only if the extension has been brought into operation for public use.
(4) Nothing in this section requires any person—
(a) to produce any document which he could not be compelled to produce in civil proceedings in the High Court; or
(b) in complying with any requirement for the furnishing of information, to provide any information which he could not be compelled to provide in evidence in civil proceedings in the High Court.
(5) An inspector shall not disclose, except to the Secretary, any information obtained pursuant to this section unless he has given reasonable notice to the Corporation beforehand.
(6) Any person who—
(a) without reasonable excuse, fails to comply with a requirement under subsection (1)(c);
(b) knowingly furnishes to an inspector acting under subsection (1)(c) information that is false or misleading in a material particular; or
(c) obstructs an inspector in the exercise of his powers under subsection (1),
commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
| 1,334 |
### Fire Safety (Buildings) Ordinance 《消防安全(建築物)條例》
18. Offence to obstruct certain persons exercising or performing functions under this Ordinance
Any person who, without reasonable excuse, resists, obstructs or delays a person who is exercising or performing, or attempting to exercise or perform, a function conferred or imposed by this Ordinance is guilty of an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.
19. Offences by persons concerned in management of body corporate
(1) If—
(a) a person convicted of an offence under this Ordinance is a body corporate other than a corporation registered under section 8 of the Building Management Ordinance (Cap. 344); and
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, a director of, or other person concerned in the management of, the body,
the director or other person so concerned also commits the offence.
(2) If a corporation registered under section 8 of the Building Management Ordinance (Cap. 344) is convicted of an offence under this Ordinance, and it is proved that the offence was committed with the consent or connivance of a person concerned in the management of the corporation, that person also commits the offence.
(3) If—
(a) a person convicted of an offence under this Ordinance is a member of a partnership; and
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any other person concerned in the management of the partnership,
the person so concerned also commits the offence.
20. Government not liable for certain matters
(1) A person to whom this section applies does not incur liability for damages only because of a failure to exercise or perform a function conferred or imposed by this Ordinance.
(2) This section applies to the Government, the enforcement authorities and all authorized officers.
21. Authorized officers not personally liable for certain acts and omissions
(1) An authorized officer is not personally liable for any act done or omitted to be done by the officer while exercising or performing a function conferred or imposed by this Ordinance if the officer did or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.
(2) Subsection (1) does not affect any liability that the Government may have because an authorized officer has done or omitted to do an act to which that subsection applies.
### Fire Safety (Buildings) Ordinance 《消防安全(建築物)條例》
22. Offence to disclose information obtained officially
(1) A person who, without lawful authority, discloses to another person information obtained while exercising or performing a function conferred or imposed on the person by this Ordinance is guilty of an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.
(2) A person has lawful authority to disclose information if the person discloses the information—
(a) in order to exercise or perform a function conferred or imposed by this Ordinance;
(b) in connection with proceedings brought under this Ordinance;
(ba) in relation to performing a function, or for enabling or facilitating any thing or work to be done by any person, under any law of Hong Kong; (Replaced 7 of 2020 s. 59)
(c) in compliance with a court order; or (Replaced 7 of 2020 s. 59)
(d) with the consent of all persons who are entitled to have the information kept confidential.
(3) For the purposes of subsection (2), information that a person is entitled to have kept confidential includes, but is not limited to, information that concerns the trade, business or profession of the person or another person with whom the person has business dealings.
23. How documents are to be served for purposes of this Ordinance
A document to be given or served under this Ordinance may be given or served—
(a) in the case of a person who is not a body corporate—
(i) by delivering it to the person personally; or
(ii) by sending it by registered post in a letter addressed to the person at the person’s usual place of residence or business or, if the person’s address is unknown, addressed to the person’s last known place of residence or business; or
(b) in the case of a person that is a body corporate—
(i) by delivering it to any place in Hong Kong at which the body carries on business and giving it to a person apparently concerned in the management of, or apparently employed by, the body; or
(ii) by sending it to the body by registered post in a letter addressed to the body at its registered office in Hong Kong or at any place in Hong Kong at which the body carries on business.
24. Chief Executive in Council may make regulations
The Chief Executive in Council may make regulations—
(a) prescribing anything required or permitted to be prescribed by regulations under this Ordinance; and
(b) generally providing for the better carrying into effect of the provisions and purposes of this Ordinance.
### Fire Safety (Buildings) Ordinance 《消防安全(建築物)條例》
25. Effect of substituted or amended codes of practice
(1) If a code of practice specified in a Schedule to this Ordinance is substituted or amended, the substituted code or the code as amended applies for the purposes of this Ordinance only when—
(a) the Legislative Council has passed a resolution declaring that the substituted code or the code as amended is to apply for those purposes;
(b) the reference to the code in the Schedule is amended in accordance with subsection (2); and
(c) that amendment has taken effect.
(2) If the Legislative Council has passed a resolution declaring that a substituted code or a code as amended is to apply for the purposes of this Ordinance, the Secretary for Security may, by order published in the Gazette, amend the relevant Schedule by substituting the reference to the substituted or amended code for the reference to the code then specified in that Schedule.
(3) Such an amendment takes effect on the date on which the order is published in the Gazette or on such later date as may be specified in the order.
| 1,334 |
### Bankruptcy Rules 《破產規則》
122K. Replacement of nominee
Where the debtor intends to apply to the court under section 20K(3) of the Ordinance for the nominee to be replaced, he shall give to the nominee at least 7 days’ notice of his application.
(L.N. 77 of 1998)
122L. Consideration of nominee’s report
(1) At the hearing by the court to consider the nominee’s report, any of the persons who have been given notice under rule 122E(4) may appear or be represented.
(2) Rule 122G applies to any order made by the court at the hearing.
(L.N. 77 of 1998)
122M. Summoning of creditors’ meeting
(1) If in his report the nominee states that in his opinion a meeting of creditors should be summoned to consider the debtor’s proposal, the date on which the meeting is to be held shall be not less than 14 days from that on which the nominee’s report is filed in court under rule 122J, nor more than 28 days from that on which that report is considered by the court under rule 122L.
(2) Notices calling the meeting shall be sent by the nominee, at least 14 days before the day fixed for it to be held, to all the creditors specified in the debtor’s statement of affairs, and any other creditors of whom the nominee is otherwise aware.
(3) Each notice sent under this rule shall state the effect of rule 122R(1), (3) and (4); and with it there shall be sent—
(a) a copy of the proposal;
(b) a copy of the statement of affairs or, if the nominee thinks fit, a summary of it (the summary to include a list of the creditors and the amounts of their debts); and
(c) the nominee’s comments on the proposal.
(4) In addition to sending notices under subrule (2), the nominee shall have the notice published in— (L.N. 150 of 2014)
(a) one issue of an English language newspaper; and
(b) one issue of a Chinese language newspaper,
circulated in Hong Kong and such publication shall constitute constructive notice to all the creditors of the debtor.
(L.N. 77 of 1998)
122N. Creditors’ meeting: supplementary
(1) Subject as follows, in fixing the date, time and place for the creditors’ meeting, the nominee shall have regard to the convenience of creditors.
(2) The meeting shall be summoned for commencement between 0930 and 1600 hours on a business day.
(3) With every notice summoning the meeting there shall be sent out forms of proxy.
(L.N. 77 of 1998)
### Bankruptcy Rules 《破產規則》
122O. Chairman at creditors’ meeting
(1) Subject as follows, the nominee shall be chairman of the creditors’ meeting.
(2) If for any reason the nominee is unable to attend, he may nominate another person to act as chairman in his place; but a person so nominated must be either—
(a) a person who is experienced in insolvency matters; or
(b) an employee of the nominee or his firm who is experienced in insolvency matters.
(L.N. 77 of 1998)
122P. Chairman as proxy-holder
The chairman shall not by virtue of any proxy held by him vote to increase or reduce the amount of the remuneration or expenses of the nominee of the proposed arrangement, unless the proxy specifically directs him to vote in that way.
(L.N. 77 of 1998)
### Bankruptcy Rules 《破產規則》
122Q. Voting rights
(1) Subject as follows, every creditor who was given notice of the creditors’ meeting is entitled to vote at the meeting or any adjournment of it.
(2) In Case 1, votes are calculated according to the amount of the creditor’s debt as at the date of the bankruptcy order unless the debts are incurred after the making of the bankruptcy order, in which case, the votes of those creditors will be calculated according to the amount of the debt as at the date of the meeting and in Case 2, votes are calculated according to the amount of the debt as at the date of the meeting.
(3) A creditor shall not vote in respect of a debt for an unliquidated amount, or any debt whose value is not ascertained, except where the chairman agrees to put upon the debt an estimated minimum value for the purpose of entitlement to vote.
(4) The chairman has power to admit or reject a creditor’s claim for the purpose of his entitlement to vote, and the power is exercisable with respect to the whole or any part of the claim.
(5) The chairman’s decision on entitlement to vote is subject to appeal to the court by any creditor, or by the debtor.
(6) If the chairman is in doubt whether a creditor’s claim should be admitted or rejected for the purpose of his entitlement to vote, he shall make a note of it and allow the creditor to vote, subject to his vote being subsequently declared invalid if the objection to the claim is sustained.
(7) If on an appeal the chairman’s decision is reversed or varied, or a creditor’s vote is declared invalid, the court may order another meeting to be summoned, or make such other order as it thinks just, but the court’s power to make an order under this subrule is exercisable only if it considers that the matter is such as to give rise to unfair prejudice or a material irregularity. (L.N. 150 of 2014)
(8) An application to the court by way of appeal under this rule against the chairman’s decision shall not be made after the end of the period of 28 days beginning with the day on which the nominee’s report to the court is made under section 20G of the Ordinance.
(9) The chairman is not personally liable for any costs incurred by any person in respect of an appeal under this rule.
(L.N. 77 of 1998) | 1,335 |
### Elections (Corrupt and Illegal Conduct) Ordinance 《選舉(舞弊及非法行為)條例》
35. Court may grant relief in certain circumstances if election advertisements do not meet requirements
(1) A person who publishes a printed election advertisement without complying with section 34(1) or (4) may apply to the Court for an order under subsection (2).
(2) On the hearing of an application made under subsection (1), the Court may make an order allowing the publication which would, but for this section, constitute an offence under section 34, be excepted from the relevant requirements under that section and relieving the applicant from the penalties imposed by that section, but only if the Court—
(a) is satisfied that—
(i) the non-compliance was due to inadvertence, an accidental miscalculation or any reasonable cause and was not due to bad faith; and
(ii) where the Court requires notice of the application to be given in Hong Kong, the notice has been given; and
(b) believes it to be just that the applicant should not be subject to those penalties.
(3) If an application is made under subsection (1), no prosecution against the applicant for not having complied with section 34(1) or (4) may be instituted or carried on until the application is disposed of by the Court.
(4) An applicant is not liable to be convicted of an offence under section 34 if the non-compliance by the applicant with section 34(1) or (4) is the subject of an order made under subsection (2).
### Elections (Corrupt and Illegal Conduct) Ordinance 《選舉(舞弊及非法行為)條例》
39. Offence to act in office or participate in affairs of body if no election return is lodged
(1) A person commits an offence if, having been elected to an office or membership of a body at an election to which this Ordinance applies, the person acts in the office or participates in the affairs of the body as a member without having complied with section 37.
(2) A person found guilty of an offence under this section is liable on summary conviction to a fine of $5,000 for each day on which the person acts in the office or participates in the affairs of the body as a member without having complied with section 37.
(3) A person is not liable to be convicted of an offence under this section for acting in the office or participating in the affairs of the body as a member without having complied with section 37 if—
(a) the non-compliance is the subject of an order made under section 40; and
(b) the further period specified in the order has not yet expired.
(4) A person who acts in the office or participates in the affairs of the body as a member without having complied with section 37, if—
(a) the person’s application for an order under section 40 is refused; or
(b) the person has not complied with section 37 within the further period specified in the order made under section 40,
may be convicted of an offence under this section and is liable on conviction to the daily fine referred to in subsection (2) counting from the day on which the person began to act in the office or participate in the affairs of the body as a member without having complied with section 37.
### Elections (Corrupt and Illegal Conduct) Ordinance 《選舉(舞弊及非法行為)條例》
41. Appropriate authority to keep election returns
(1) The appropriate authority must keep at the office of the authority— (Amended 18 of 2011 s. 48)
(a) all election returns lodged with the authority under section 37; and
(b) all copies of election returns lodged with the authority under section 37A.
(2) The appropriate authority must, during the relevant period, ensure that copies of the documents kept under subsection (1) are made available for inspection by any person who, during the authority’s business hours, asks to inspect any of the documents.
(3) If a person asks for a copy of a document or part of a document kept under subsection (1), the appropriate authority must provide the person with such a copy, subject to payment of a copying fee not exceeding an amount calculated in accordance with a rate fixed in accordance with subsection (4).
(4) The appropriate authority is required, by notice published in the Gazette, to fix a rate for the purposes of subsection (3). The fixing of the rate is subject to the approval of the Financial Secretary. Such a notice is not subsidiary legislation for the purposes of the Interpretation and General Clauses Ordinance (Cap. 1).
(5) After the end of the relevant period, the appropriate authority may arrange for the documents kept by the authority under subsection (1) to be destroyed, but if, during that period, a candidate who has lodged any of the documents with the authority asks for it to be returned to the candidate, the authority must comply with the request.
(6) For the purposes of this section, the relevant period, in relation to a document lodged with the appropriate authority, is the period beginning with the time when the document is lodged with the authority and ending with— (Amended 15 of 2016 s. 6)
(a) for an election referred to in section 37(1D), (1H), (1J) or (1L)—the 30th day before the first anniversary of the date of the deadline for lodging the relevant election return under that section (disregarding any order made by the Court under section 40); or
(b) for an election referred to in section 37(1A), (1B) or (1F)—the 60th day before the first anniversary of the date of the deadline for lodging the relevant election return under that section (disregarding any order made by the Court under section 40). (Amended 15 of 2016 s. 6; 11 of 2019 s. 15; 19 of 2023 s. 180)
(Amended 18 of 2011 s. 48) | 1,336 |
### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》
53. Detained vessels may only be moved as permitted, etc.
(1) A local vessel the subject of a detention order—
(a) shall be moved as directed in writing by the Director;
(b) shall not be otherwise moved except in accordance with the permission in writing of the Director.
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on conviction on indictment to a fine of $200,000 and to imprisonment for 4 years; and
(b) on summary conviction to a fine of $200,000 and to imprisonment for 2 years.
54. Revocation of detention orders, etc.
(1) The Director may revoke a detention order at any time.
(2) The Director shall, upon the request in writing of the owner of a local vessel, his agent or the coxswain, revoke a detention order of which that vessel is the subject if the Director is satisfied that the action referred to in section 52(5)(g) specified in the order has been carried out.
(3) Where the period referred to in section 52(5)(h) specified in a detention order expires without the Director being satisfied that the action referred to in section 52(5)(g) specified in that order has been carried out, then section 56 shall, with all necessary modifications, apply to and in relation to the vessel as if it were an abandoned vessel.
55. Beaching, etc. of local vessel
(1) Where a local vessel—
(a) is on fire;
(b) has suffered damage by fire, explosion or collision; or
(c) is disabled, stranded or out of control because of damage, bad weather or mechanical failure,
the Director may, if he has reasonable grounds to believe that any of the circumstances specified in subsection (2) prevail, direct the owner of the vessel, his agent or the coxswain—
(i) to beach the vessel;
(ii) to take the vessel outside the limits of a port; or
(iii) to take such other action as the Director thinks fit.
(2) The circumstances for the purpose of subsection (1) are that the vessel—
(a) is, or is likely to become, a danger to life to other vessels, aircraft or navigation;
(b) is causing, or is likely to cause, pollution of the waters of Hong Kong;
(c) is causing, or is likely to cause, damage to port facilities or other property.
(3) If without reasonable excuse any direction given under subsection (1) is not complied with, the owner of the vessel, his agent or the coxswain to whom the direction is given commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year.
### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》
57. Duty to report collisions, etc.
(1) Where, within the waters of Hong Kong or elsewhere—
(a) a local vessel is involved in a collision with another vessel, a port facility or other property;
(b) a local vessel sinks or becomes stranded or disabled;
(c) a person is killed or seriously injured on board a local vessel as a result of an accident;
(d) an explosion or fire occurs on board a local vessel;
(e) damage is caused by a local vessel to a port facility or other property; or
(f) a person, cargo or equipment is lost overboard from a local vessel,
the owner of the vessel, his agent or the coxswain shall report the occurrence forthwith to the Director orally, by means of signals, or in writing and shall furnish to the Director in writing full particulars thereof within 24 hours after the occurrence.
(2) The owner of a local vessel, his agent or the coxswain who—
(a) without reasonable excuse fails to comply with subsection (1); or
(b) makes a report or furnishes any particulars under subsection (1) which he knows to be false in any material particular,
commits an offence and is liable on conviction to a fine at level 3.
(3) For the purpose of subsection (1)(c), a person shall be deemed to be seriously injured if he is admitted to a hospital immediately after he sustains the injury for observation or treatment.
58. Duty to report fires on local vessel
(1) Where—
(a) a fire occurs on board a local vessel within the waters of Hong Kong; or
(b) a local vessel which is on fire arrives within the waters of Hong Kong,
the owner of the vessel, his agent or the coxswain shall report such occurrence or arrival forthwith to the Director of Fire Services.
(2) The Director of Fire Services and any member of the Fire Services Department of or above the rank of Principal Fireman may, at any time of day or night, board any local vessel in the waters of Hong Kong for the purpose of extinguishing a fire on board the vessel whether or not the fire has been reported to the Director of Fire Services, and may take with him such persons as may be necessary to assist him for such purpose.
(3) The owner of a local vessel, his agent or the coxswain who without reasonable excuse fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 3.
### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》
59. Compliance by owner, agent or coxswain
Where by or under this Ordinance—
(a) any obligation or duty is placed on the owner of a local vessel, his agent or the coxswain of a local vessel;
(b) any direction is given to the owner of a local vessel, his agent or the coxswain of a local vessel; or
(c) the owner of a local vessel, his agent or the coxswain of a local vessel is required to comply with any requirement,
it shall, except where it is otherwise expressly provided, be sufficient if such obligation or duty, direction or requirement is met or complied with either by the owner of the vessel, his agent or the coxswain of the vessel.
| 1,338 |
### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》
34ZL. Conduct requirements for registered intermediary
(1) When carrying on a regulated activity, a principal intermediary or a subsidiary intermediary attached to a principal intermediary—
(a) must act honestly, fairly, in the best interests of the client, and with integrity;
(b) must exercise a level of care, skill and diligence that may reasonably be expected of a prudent person who is carrying on the regulated activity;
(c) may advise only on matters for which the principal or subsidiary intermediary (as the case may be) is competent to advise;
(d) must have such regard to the client’s particular circumstances as is necessary for ensuring that the regulated activity is appropriate to the client;
(e) must make such disclosure of information to the client as is necessary for the client to be sufficiently informed for the purpose of making any material decision;
(f) must use best endeavours to avoid a conflict between the interests of the principal or subsidiary intermediary (as the case may be) and the interests of the client and, in the case of such a conflict, must disclose the conflict to the client;
(g) must ensure that client assets are promptly and properly accounted for; and
(h) must comply with other requirements that are prescribed by the rules.
(2) A principal intermediary must keep such records of activities carried out by the principal intermediary, and of those carried out by every subsidiary intermediary attached to the principal intermediary, as may be necessary for enabling the frontline regulator of the principal intermediary to ascertain—
(a) whether or not the principal intermediary has complied with subsection (1); and
(b) whether or not every subsidiary intermediary attached to the principal intermediary has complied with subsection (1).
(3) A principal intermediary—
(a) must establish and maintain proper controls and procedures for securing compliance by the principal intermediary, and by each subsidiary intermediary attached to the principal intermediary, with this Part;
(b) must use the principal intermediary’s best endeavours to secure observance by subsidiary intermediaries attached to the principal intermediary of the controls and procedures established under paragraph (a);
(c) must ensure that the responsible officer has sufficient authority within the principal intermediary for carrying out specified responsibilities in relation to the principal intermediary; and
(d) must provide the responsible officer with sufficient resources and support for carrying out specified responsibilities in relation to the principal intermediary.
(4) In this section, a reference to a client of a principal intermediary, or a subsidiary intermediary attached to a principal intermediary, when carrying on a regulated activity, is a reference to—
(a) a person whom the principal or subsidiary intermediary invites or induces, or attempts to invite or induce, to make a material decision; or
(b) a person to whom the principal or subsidiary intermediary gives regulated advice.
34ZM. Conduct requirements for responsible officer
A responsible officer of a principal intermediary must use his or her best endeavours to carry out specified responsibilities in relation to the principal intermediary.
### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》
34ZN. Annual fees
(1) A person who is a registered intermediary must pay to the Authority for every chargeable period an annual fee of the amount prescribed by the regulations. The fee for a chargeable period must be paid within 1 month after the first day of the chargeable period.
(2) If a person contravenes subsection (1), the person must pay to the Authority an additional fee of an amount equal to 10% of the annual fee that was unpaid on the date of the contravention.
(3) The Authority may suspend the registration of a person as a registered intermediary for a period, or until the occurrence of an event, determined by the Authority if the person fails to pay to the Authority the annual fee for a chargeable period to which subsection (1) applies, or any additional fee payable under subsection (2) in relation to that annual fee, within 3 months after the first day of the chargeable period.
(4) The power under subsection (3) is not exercisable unless the Authority has, by notice in writing given to the registered intermediary at least 15 working days before the suspension is to take effect, informed the registered intermediary of the contents of this section.
(5) Where the Authority suspends the registration of a person as a registered intermediary under subsection (3) for failing to pay an annual fee or additional fee, the Authority may revoke that registration if the person fails to pay to the Authority the annual fee or additional fee—
(a) within 30 days after the suspension takes effect; or
(b) within any longer period that the Authority may specify in a notice in writing given to the registered intermediary.
(5A) Subsection (5B) applies if—
(a) a person (Party A
### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》
34ZO. Annual return
(1) A person who is a registered intermediary must deliver to the Authority for every reporting period a return in the specified form. The return for a reporting period must be delivered within 1 month after the last day of the reporting period.
(2) Subsection (1) applies to a reporting period that begins on or after the date of the registration of the person as such registered intermediary.
(3) The Authority may suspend the registration of the person as a registered intermediary for a period, or until the occurrence of an event, determined by the Authority if the person fails to deliver to the Authority the return for a reporting period to which subsection (1) applies within 3 months after the last day of the reporting period.
(4) The power under subsection (3) is not exercisable unless the Authority has, by notice in writing given to the registered intermediary at least 15 working days before the suspension is to take effect, informed the registered intermediary of the contents of this section.
(5) Where the Authority suspends the registration of a person as a registered intermediary under subsection (3) for failing to deliver a return, the Authority may revoke that registration if the person has not delivered to the Authority the return—
(a) within 30 days after the suspension takes effect; or
(b) within any longer period that the Authority may specify in a notice in writing given to the registered intermediary.
(5A) Subsection (5B) applies if—
(a) a person (Party A
| 1,338 |
### Magistrates Ordinance 《裁判官條例》
19A. Plea by a corporation before a magistrate
(1) On the hearing by a magistrate of any complaint or information against a corporation, a representative may on behalf of the corporation enter a plea of guilty or not guilty.
(2) Where a representative enters a plea of not guilty under subsection (1), he may exercise the rights under section 16(1) as if he were an individual defendant against whom the complaint is made or the information laid.
(3) Section 49(4) of the Criminal Procedure Ordinance (Cap. 221) shall apply mutatis mutandis to a representative for the purposes of subsection (1) as it applies to a representative for the purposes of that section.
(4) A letter under section 18E may be addressed to the magistrate on behalf of a corporation by a director or the secretary of the corporation and that section shall apply in relation to a letter purporting to be so addressed as it applies to a letter purporting to be addressed by an individual defendant. (Amended 36 of 1976 s. 6)
(5) Subject to subsection (4), if at the time and place appointed for the hearing of a complaint or information against a corporation only the complainant or informant appears, the magistrate may, if he is satisfied that a summons was served on the corporation a reasonable time before the hearing, order a plea of not guilty to be entered and may thereupon proceed to hear and determine the case as though the corporation had duly entered a plea of not guilty. (Added 36 of 1976 s. 6)
(Added 6 of 1971 s. 2)[cf. 1967 c. 80 s. 29 U.K.]
### Magistrates Ordinance 《裁判官條例》
20. Adjournment of hearing and procedure thereon
(1) Before or during the hearing of any complaint or information, a magistrate may adjourn the hearing to such time and place and on such conditions as he thinks fit.
(2) Where the hearing is adjourned—
(a) by reason of the non-appearance of the complainant or informant, either personally or by counsel, and the magistrate is satisfied that the complainant or informant has had adequate notice of the hearing, he may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit; or
(b) on the application of the complainant or informant, either personally or by counsel, and the magistrate is satisfied that the application is occasioned by some default, neglect or omission on the part of the complainant, informant or his counsel, as the case may be, he may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit. (Amended 18 of 1981 s. 3)
(3) When adjourning the hearing of a complaint or information, the magistrate may admit the defendant to bail or commit him to prison or some other place of security or to such other custody as the magistrate may think fit. (See Forms 5-9, 18)
21. Provisions as to witnesses
(1) If it is made to appear to a magistrate, by any credible person, that any person within Hong Kong is likely to give material evidence on behalf of the complainant or informant or defendant, the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at—
(a) such time and place as specified in the summons; and
(b) such time and place as may be directed in such manner as is specified in the summons,
before a magistrate to testify what he knows concerning the matter of the complaint or information. (See Form 14)
22. Power to order production of documents
The powers contained in sections 21 and 78 enabling a magistrate to issue a summons to any witness to attend to give evidence before a magistrate shall be deemed to include the power to summon and require a witness to produce to such magistrate books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, or to give evidence, shall apply accordingly, and a magistrate shall have power to vary or add to the forms in the rules made hereunder accordingly. (See Forms 14-17)
### Magistrates Ordinance 《裁判官條例》
23. Variance between information and evidence
(1) In every case of an information for any offence punishable on summary conviction any variance between the information and the evidence adduced in support thereof as to the time at which the offence or act is alleged to have been committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the magistrate by whom the information is heard and determined.
(2) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the magistrate to be such that the defendant has been thereby deceived or misled the magistrate may—
(a) adjourn the hearing of the case and if he is satisfied that the variance is due to default or neglect on the part of the complainant, informant or his counsel, as the case may be, he may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit; and (Amended 18 of 1981 s. 3)
(b) commit the defendant to prison or some place of security or to such other custody as the magistrate may think fit, or admit him to bail, with or without surety or sureties. (See Forms 5-9)
| 1,338 |
### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》
136A. Remission and refund of fees
(1) All fees payable to the Commissioner of Rating and Valuation under this Ordinance are due at the time the application or submission to which the fee relates is made to him, but where in any particular case the Commissioner is of the opinion that a fee payable ought to be wholly or partly remitted or, having been paid, ought to be refunded, he may so direct. (Added 32 of 1985 s. 25. Amended 37 of 1986 s. 14)
(2) Any public officer or class of public officer employed in the Rating and Valuation Department and authorized in writing in that behalf by the Commissioner may exercise the powers of the Commissioner conferred on him by this section. (Added 37 of 1986 s. 14)
137. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1981
(1) A District Court or tenancy tribunal which has heard or commenced to hear any matter or proceeding which, by the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1981 (76 of 1981), becomes a matter or proceeding within the jurisdiction of the Lands Tribunal or the Commissioner of Rating and Valuation shall continue to have jurisdiction in relation to, and shall dispose of, such matter or proceeding as if the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1981 (76 of 1981) had not been enacted.
(2) Any matter or proceeding pending before a District Court or tenancy tribunal but which a District Court or tenancy tribunal has not heard or commenced to hear and which, by the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1981 (76 of 1981), becomes a matter or proceeding within the jurisdiction of the Lands Tribunal or the Commissioner of Rating and Valuation shall be continued before the Lands Tribunal or Commissioner, as the case may be; and the Lands Tribunal may give such directions as it thinks fit as to the lodging or filing of papers and otherwise in relation to the procedure in such a matter or proceeding.
(76 of 1981 s. 59 incorporated)
### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》
138. Effect of substitution of prevailing market rent for fair market rent
(Amended E.R. 4 of 2020)Prevailing market rent, where it appears in any provision of this Ordinance, shall be construed in the same manner as was fair market rent in that provision before 10 June 1983.
(Added 29 of 1983 s. 46. Amended E.R. 4 of 2020)
139. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1983
(1) Sections 2 and 11(e)(i) of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1983 (29 of 1983) (the amending Ordinance 1983
140. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1984
(1) Section 2 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1984 (40 of 1984) (the amending Ordinance 1984
141. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1985
(1) Section 2 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1985 (32 of 1985) (the amending Ordinance 1985
142. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1986
(1) Section 2 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1986 (37 of 1986) (the amending Ordinance 1986
143. Provision transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1988
Section 2 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1988 (77 of 1988) shall not apply in respect of any notice served under section 10(1A) before the commencement* of that Ordinance.
(77 of 1988 s. 10 incorporated) Editorial Note:
* Commencement date: 4 November 1988.
### Bankruptcy (Fees and Percentages) Order 《破產(費用及百分率)令》
1. Citation
This order may be cited as the Bankruptcy (Fees and Percentages) Order.
2. Interpretation
In this order, unless the context otherwise requires, a section referred to by number means the section so numbered in the Bankruptcy Ordinance (Cap. 6) and a rule referred to by number means the rule so numbered in the Bankruptcy Rules (Cap. 6 sub. leg. A).
3. Fees and percentages
The fees and percentages to be charged for proceedings in bankruptcy shall be those set out in the Schedule and shall be taken in the office of the Official Receiver or in the Registry of the High Court as the case may require.
(L.N. 195 of 1987; 25 of 1998 s. 2) | 1,338 |
### Protection of Wages on Insolvency Ordinance 《破產欠薪保障條例》
10. Investment of moneys
All moneys of the Fund that are not immediately required by the Board may be—
(a) deposited on fixed term or call deposit or in a savings account in any bank within the meaning of section 2 of the Banking Ordinance (Cap. 155); or (Amended 49 of 1995 s. 53)
(b) with the prior approval of the Financial Secretary, invested in such other investments as the Board thinks fit.
11. Accounts
The Board shall—
(a) keep and maintain such accounts and records of all transactions of the Fund as the Director of Accounting Services may require; and
(b) after the end of each financial year cause to be prepared a statement of the accounts of the Fund which shall include an income and expenditure account and balance sheet and shall be signed by the Chairman.
12. Auditors
(1) The Board shall at the commencement of each financial year appoint auditors, who shall be entitled to have access to all books of account, vouchers and other records kept by the Board and to require such information and explanations as they may think fit.
(2) The auditors shall audit the statement of accounts prepared under section 11 and shall report thereon to the Board.
13. Statements and reports to be laid on table of Legislative Council
(1) The Board shall, within 6 months after the end of each financial year or such further time as the Chief Executive may for any particular year allow, submit to the Chief Executive a report on the activities of the Board for that financial year including copies of the statement of accounts prepared under section 11 and the report made under section 12.
(2) The Chief Executive shall cause the reports and statements received by him under subsection (1) to be laid on the table of the Legislative Council.
(Amended 54 of 2000 s. 3)
14. Costs of administering the Fund
(1) All costs and expenses incurred by the Government in administering the Fund shall be a charge upon general revenue.
(2) The Financial Secretary may direct that a supervision fee to be determined by him, in relation to such period as may be determined by him, shall be charged against the income of the Fund and shall at a time determined by him be paid to him by the Board from the Fund and paid by him into general revenue.
### Protection of Wages on Insolvency Ordinance 《破產欠薪保障條例》
15. Entitlement to apply for ex gratia payment
(1) Subject to this Part, an applicant to whom—
(a) wages are due and unpaid;
(b) wages in lieu of notice are due and unpaid; (Amended 7 of 2012 s. 4)
(c) the liability to be paid a severance payment has arisen and the severance payment is unpaid, whether or not the severance payment is then due; (Amended 7 of 2012 s. 4)
(d) pay for untaken statutory holidays is due and unpaid; or (Added 7 of 2012 s. 4)
(e) pay for untaken annual leave is due and unpaid, (Added 7 of 2012 s. 4)
may apply for an ex gratia payment from the Fund in respect of the wages, wages in lieu of notice, the severance payment, the pay for untaken statutory holidays or the pay for untaken annual leave, as the case may be, or all or any of them. (Replaced 38 of 1989 s. 3. Amended 7 of 2012 s. 4)
(2) An application under subsection (1) (in this Part called an application
### Protection of Wages on Insolvency Ordinance 《破產欠薪保障條例》
17. Review by Board
(1) Any applicant aggrieved by any decision of the Commissioner under section 16 may in writing—
(a) request the Commissioner to give reasons for that decision; and
(b) after being given reasons under paragraph (a), request the Commissioner to refer the application to the Board.
(2) Upon receiving a request from an applicant under subsection (1)(b), the Commissioner shall forward all documents relating to the application to the Chairman of the Board.
(3) The Board may confirm or vary any decision of the Commissioner on an application referred to it under this section or may for those purposes require the Commissioner to make further inquiries relating to the application.
18. Additional power of Commissioner
(1) Notwithstanding that in any particular case a petition referred to in section 16(1)(a)(i) or (b) has not been presented against an employer, the Commissioner may, subject to subsection (2) of that section, make an ex gratia payment under that section in that case if in his opinion— (Amended 41 of 1988 s. 3)
(a) the employer employs less than 20 employees;
(b) sufficient evidence exists to support the presentation of a petition in that case on the ground—
(i) if the employer is a company, that he is unable to pay his debts; or
(ii) if the employer is a person other than a company, that he is liable to have a bankruptcy petition presented against him; and (Amended 37 of 1998 s. 7)
(c) it is unreasonable or uneconomic to present a petition in that case.
(2) Where the Commissioner exercises his discretion under subsection (1) to make payment, he shall give notice in the Gazette stating that, in his opinion, sufficient evidence exists to support the presentation of a petition on the ground—
(a) if the employer is a company, that he is unable to pay his debts; or
(b) if the employer is a person other than a company, that he is liable to have a bankruptcy petition presented against him. (Amended 37 of 1998 s. 7)
(3) Nothing in subsection (2) shall require the Commissioner to give more than one notice in respect of each employer.
(4) No action shall lie against the Commissioner in respect of any notice given under subsection (2).
| 1,339 |
### Co-operative Societies Ordinance 《合作社條例》
42. Liquidator’s power
(1) A liquidator appointed under section 41 shall, subject to the guidance and control of the Registrar and to any limitations imposed by the Registrar by order under section 43, have power to—
(a) determine from time to time the contribution to be made by members and past members or by the estates of deceased members of the society to its assets;
(b) appoint a day by notice before which creditors whose claims are not already recorded in the books of the society shall state their claims for admission or to be excluded from any distribution made before they have proved them;
(c) decide any question of priority which arises between creditors;
(d) refer disputes to arbitration and institute and defend suits and other legal proceedings on behalf of the society by his name or office;
(e) decide by what persons and in what proportions the costs of liquidation are to be borne;
(f) give such directions in regard to the collection and distribution of assets as may be necessary in the course of winding up the society;
(g) compromise any claim by or against the society provided the sanction of the Registrar has first been obtained;
(h) call such general meetings of members as may be necessary for the proper conduct of the liquidation;
(i) take possession of the books, documents and assets of the society;
(j) sell the property of the society;
(k) carry on the business of the society so far as may be necessary for winding it up beneficially:
Provided that nothing herein contained shall entitle the liquidator of a credit society to issue any loan; and
(l) arrange for the distribution of the assets of the society in a convenient manner when a scheme of distribution has been approved by the Registrar.
(2) Subject to such rules as may be made in this behalf, any liquidator appointed under this Ordinance shall in so far as such powers are necessary for carrying out the purposes of this section, have power to summon and enforce the attendance of parties and witnesses and to compel the production of documents by the same means and (so far as may be) in the manner as is provided in the case of a magistrate.
### Co-operative Societies Ordinance 《合作社條例》
43. Power of Registrar to control liquidation
A liquidator shall exercise his powers subject to the control and revision of the Registrar, who may—
(a) rescind or vary any order made by a liquidator and make whatever new order is required;
(b) remove a liquidator from office;
(c) call for all books, documents and assets of the society;
(d) by order in writing limit the powers of a liquidator under section 42;
(e) require accounts to be rendered to him by the liquidator;
(f) procure the auditing of the liquidator’s accounts and authorize the distribution of the assets of the society;
(g) make an order for the remuneration of the liquidator; or
(h) refer any subject of dispute between a liquidator and any third party to arbitration if that party shall have consented in writing to be bound by the decision of the arbitrator.
44. Enforcement of order
(1) The decision of an arbitrator on any matter referred to him under section 43 shall be binding upon the parties, and shall be enforceable in like manner as an order made by the Registrar under that section.
(2) An order made by a liquidator or by the Registrar under section 42 or 43 shall be enforced by any civil court having jurisdiction over the place where the registered office of the society is situate in like manner as a decree of that court.
45. Limitation of the jurisdiction of the civil court
Save in so far as is hereinbefore expressly provided, no civil court shall have any jurisdiction in respect of any matter concerned with the dissolution of a registered society under this Ordinance.
46. Closure of liquidation
(1) In the liquidation of a society whose registration has been cancelled, the funds, including the reserve fund, shall be applied first to the costs of liquidation, then to the discharge of the liabilities of the society, then to the payment of the share capital and then, provided the by-laws of the society permit, to the payment of a dividend at a rate not exceeding ten per cent per annum for any period for which no disposal of profits was made.
(2) When the liquidation of a society has been closed and any creditor of that society has not claimed or received what is due to him under the scheme of distribution, notice of the closing of the liquidation shall be published in the Gazette; and, all claims against the funds of the society liquidated shall be proscribed when two years have elapsed from the date of the publication of the Gazette notice.
(3) Any surplus remaining after the application of the funds to the purposes specified in subsection (1) and the payment of any claims for which an action is instituted under subsection (2) shall be available for use by the Registrar for any co-operative purpose at his discretion.
### Co-operative Societies Ordinance 《合作社條例》
47. Power of Registrar to surcharge officers, etc., of a registered society
(1) Where, in the course of the winding up of a registered society it appears that any person who has taken part in the organization or management of such society or any past or present officer of the society has misapplied or retained or become liable or accountable for any money or property of such society or has been guilty of misfeasance or breach of trust in relation to such society, the Registrar may, on the application of the liquidator or of any creditor or contributory, examine into the conduct of such person and make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate as the Registrar thinks just or to contribute such sum to the assets of such society by way of compensation in regard to the misapplication, retainer, dishonesty or breach of trust as the Registrar thinks fit.
(2) This section shall apply notwithstanding that the act is one for which the offender may be criminally responsible.
48. Appeal to Chief Executive
Any person aggrieved by any order of the Registrar made under section 47 may appeal to the Chief Executive within twenty-one days from the date of such order and the decision of the Chief Executive shall be final and conclusive.
(Amended 61 of 2000 s. 3) | 1,339 |
### Amusement Rides (Safety) Ordinance 《機動遊戲機(安全)條例》
8. Power to enter and inspect
(1) The Director may at any reasonable time enter the place at which an amusement ride is being installed—
(a) to ascertain whether the person installing the ride is complying with the provisions of this Ordinance relating to the installation of the ride;
(b) to ascertain whether the installation works are dangerous or liable to become dangerous to persons—
(i) employed in connection with the installation works; or
(ii) using, operating, or being in the vicinity of, the ride; and
(c) to examine the machinery, equipment and plant connected with the ride.
(2) The person installing an amusement ride shall, without cost, afford the Director such facilities and assistance as he may reasonably require for the purposes of subsection (1).
9. Approval of designs, etc. not to confer title to land, etc.
Neither—
(a) the approval of designs and specifications (including any plans and calculations) connected with an amusement ride, and the method and programme of installation of the ride, under section 6; nor
(b) the approval of commencement of operation of the ride under section 10,
shall—
(i) confer any title to land;
(ii) act as a waiver of any term in any lease, licence or permit;
(iii) grant any exemption from, or permit any contravention of, this Ordinance or any other enactment.
10. Approval required before amusement ride can operate
The owner of an amusement ride (other than an existing amusement ride) shall not operate the ride for the use of members of the public until—
(a) the Director has approved the commencement of operation of the ride; and
(b) he has paid to the Director the prescribed fee for such approval.
### Amusement Rides (Safety) Ordinance 《機動遊戲機(安全)條例》
11. Amusement ride to be maintained in safe condition
(1) The owner of an amusement ride shall maintain the ride in a safe condition.
(2) The Director may require the owner of an amusement ride to effect such repairs or alterations to the ride as the Director considers necessary for the proper maintenance of the ride and for the obviation of fire and other hazards.
(3) Where the owner of an amusement ride fails to comply with a requirement under subsection (2), the Director may direct the owner to close the ride forthwith.
(4) Where at any time there exist, in the opinion of the Director, any circumstances requiring the immediate putting into effect of repairs or alterations referred to in subsection (2) in respect of an amusement ride, he may require the owner of the ride to effect the repairs or alterations forthwith or, if he thinks fit, may forthwith effect the repairs or alterations with or without notice to the owner.
(5) The expense of repairs or alterations referred to in this section shall be borne by the owner of the amusement ride in respect of which they were effected and where any such repairs or alterations are effected by the Director the expense of such repairs or alterations is recoverable from the owner as a civil debt due to the Government.
12. Closure of amusement ride for repairs or alterations
(1) The owner of an amusement ride may, or if so required by the Director shall, close or partially close the ride to the use of members of the public to enable repairs or alterations to be effected to the ride.
(2) Where a closure of an amusement ride is effected under this section pursuant to a requirement of the Director, the ride or such part of the ride affected by the requirement shall not thereafter be operated for the use of members of the public without the prior consent of the Director.
### Amusement Rides (Safety) Ordinance 《機動遊戲機(安全)條例》
13. Closure of amusement ride for safety reasons
(1) The owner of an amusement ride shall not operate the ride in a manner that endangers the safety of persons using, operating, or being in the vicinity of, the ride.
(2) The owner of an amusement ride may, or if so required by the Director or a police officer shall, close or partially close the ride to the use of members of the public whenever such action appears reasonably necessary—
(a) for the safety of persons using, operating, or being in the vicinity of, the ride; or
(b) in the case of an emergency.
(3) The owner of an amusement ride shall forthwith notify the Director of a closure of the ride effected under this section except such a closure required by the Director.
(4) Where a closure of an amusement ride is effected under this section pursuant to a requirement of the Director or a police officer, the ride or such part of the ride affected by the requirement shall not thereafter be operated for the use of members of the public—
(a) in the case of such a requirement by the Director, without the prior consent of the Director;
(b) in the case of such a requirement by a police officer—
(i) without prejudice to any exercise of the Director’s power under subsection (2) in respect of the ride, unless 24 hours have elapsed since such requirement was imposed; or
(ii) without the prior consent of the Director,
whichever first occurs.
14. Prohibition on major alterations to amusement ride without permission
Except with the prior consent of the Director, the owner of an amusement ride shall not effect any major alterations to the ride.
15. Examination of amusement ride to which major alterations have been effected
(1) Where any major alterations have been effected to an amusement ride, the Director shall, before the use and operation of the ride is resumed, require the owner of the ride to cause a person approved by the Director to examine the ride so far as may be necessary to determine that the ride is in safe working order.
(2) Where the Director—
(a) is satisfied that an amusement ride referred to in subsection (1) is in safe working order, he shall, upon payment to him by the owner of the ride of the prescribed fee, permit the use and operation of the ride to be resumed;
(b) is not so satisfied, he shall refuse to permit the use and operation of the ride to be resumed.
(3) The owner of an amusement ride referred to in subsection (1) shall not resume the use and operation of the ride without the permission of the Director under subsection (2).
| 1,339 |
### Employment Ordinance 《僱傭條例》
45. Information to employees
(1) Every employer shall inform his employee, in a manner intelligible to the employee—
(a) whenever any change takes place in the conditions referred to in section 44 or the conditions in force at any time, of such change;
(b) at the time of each payment to him of his wages, in so far as such particulars may be subject to change, of the particulars of his wages for the wage period concerned.
(2) Where there is no written amendment to a contract of employment, upon receipt of a written request from his employee the employer shall deliver to him— (Amended 41 of 1990 s. 20)
(a) where the request relates to changes in the conditions referred to in subsection (1)(a), forthwith; or
(b) where it relates to the particulars referred to in subsection (1)(b), at the time of the payment to him of his wages for the wage period concerned,
a notice in writing containing such changes in conditions or particulars, as the case may be.
(3) Where there is any written amendment made to a contract of employment, the employer shall provide his employee with a copy of the written amendment immediately after the amendment is reduced to writing or immediately after the procedure to validate the amendment is completed where such procedure is required. (Added 41 of 1990 s. 20)
46. Details of conditions and particulars of wages
(1) The conditions referred to in sections 44 and 45 shall include the rate of wages, the overtime rate and any allowances, whether calculated by the piece, job, hour, day, week or otherwise, of the person or employee concerned.
(2) The particulars referred to in section 45 shall include—
(a) particulars of the amount earned, including overtime earnings (if any), by the employee; and
(b) particulars of any deductions made from the wages of the employee and the reasons therefor.
47. Records to be kept by employers
(1) Every employer who is a member of a class specified under subsection (2) shall in respect of—
(a) each of his employees; or
(b) any class of them,
keep records in such form as may be specified to enable him to comply with Part X.
(2) For the purposes of subsection (1), the Commissioner may, by notice in the Gazette, specify any class of employers.
### Employment Ordinance 《僱傭條例》
48. Returns to be made to Commissioner
(1) For the purposes of this Ordinance, the Commissioner may, either by notice in writing served by registered post or by notice in the Gazette, require any employer or class of employers to make returns in such form and at such times as he may in any such notice direct:
Provided that the Commissioner shall not require in any return information or particulars in respect of a time or period more than 6 months immediately preceding the date of the notice.
(2) Copies of any such form shall be supplied to an employer free of charge on application to the Commissioner.
49. Form of notices, records, etc.
(1) The Commissioner may specify the form of any consent, request, notice in writing, certificate, application, record or return required for the purposes of this Ordinance. (Amended 52 of 1988 s. 15)
(2) The Commissioner may publish in the Gazette any forms specified by him under subsection (1).
### Employment Ordinance 《僱傭條例》
49A. Requirement to keep wage and employment records
(1) Every employer shall at all times keep and maintain a record in which is set out the wage and employment history of each employee covering the period of his employment during the preceding 12 months. (Amended L.N. 34 of 1990; 7 of 2007 s. 16)
(2) The wage records referred to in subsection (1) shall be kept—
(a) at the employer’s place of business or at the place where the employee is employed; and
(b) for a period of 6 months after the employee ceases to be employed.
(3) A record which includes particulars in relation to each employee of—
(a) his name and identity card number;
(b) the date he commenced his employment;
(c) his job title;
(d) the wages paid to him in respect of each wage period;
(e) his wage period;
(ea) if the employee is an employee within the meaning of the Minimum Wage Ordinance (Cap. 608) and the wages payable to the employee in respect of any wage period are less than the amount specified in the Ninth Schedule (or the amount that bears the same ratio to that amount as the length of that wage period bears to the month in which that wage period falls, calculated where that wage period falls in more than one month according to the number of days of that wage period falling in each particular month), the total number of hours (including any part of an hour) that are hours worked by the employee in that wage period; (Added 15 of 2010 s. 20)
(f) periods of annual leave, sick leave, maternity leave, paternity leave and holidays— (Amended 21 of 2014 s. 16)
(i) to which he is entitled; and
(ii) that he has taken together with details of payments made in respect of such period;
(g) the amount of any end of year payment payable under Part IIA and the period to which it relates;
(h) the period of notice required for termination of contract;
(i) the date of any termination of employment,
shall be a sufficient record for the purposes of subsection (1).
(4) Despite subsection (3), subsection (1) must also be taken to require an employer to keep—
(a) for an employee to whom the Minimum Wage Ordinance (Cap. 608) does not apply because of section 7(4) of that Ordinance, a document (or copy of a document) issued by an institution showing that the period of work is arranged or endorsed by the institution in connection with a programme being provided by the institution to the employee that is of a kind covered by the definition of student intern
| 1,340 |
### Rating Ordinance 《差餉條例》
50. Mode of service of notices, etc.
(1) Service of a requisition, notice or other document required to be served by this Ordinance may be effected— (Amended 22 of 1995 s. 29)
(a) on the Commissioner, only by personal service or by post; (Replaced 54 of 1990 s. 24)
(b) on the owner of a tenement, by personal service, by leaving the requisition, notice or other document at the tenement or at the owner’s last known address or by sending it through the post to the tenement or to the owner’s last known address; or (Replaced 45 of 1979 s. 6. Amended 54 of 1990 s. 24)
(c) on the occupier of a tenement, by personal service, by leaving the requisition, notice or other document at the tenement or at the occupier’s last known address or by sending it through the post to the tenement or to the occupier’s last known address. (Replaced 45 of 1979 s. 6. Amended 54 of 1990 s. 24)
(2) A certificate purporting to be signed by a person who states in that certificate that he effected service under subsection (1) shall be evidence of the facts stated therein relating to that service. (Added 22 of 1995 s. 29)
50A. Rounding down of amounts due
(1) The Commissioner may, in respect of any amount payable under this Ordinance or the Government Rent (Assessment and Collection) Ordinance (Cap. 515) in respect of any tenement, round that amount down to the nearest whole dollar and carry the balance forward to the next period. (Amended 22 of 1995 ss. 30 & 33; 53 of 1997 s. 53)
(2) Any balance carried forward under subsection (1) shall be payable—
(a) as if it were rates; and
(b) in addition to any rates,
due in the period referred to in subsection (1). (Amended 22 of 1995 s. 30)
(3) In this section rates (差餉) means rates payable under section 18 or 29.
(Added 1 of 1986 s. 10)
### Rating Ordinance 《差餉條例》
51. Misnomer
(1) No misnomer or inaccurate description of a person, place or tenement, in a document required for the purposes of this Ordinance, nor any mistake, informality or omission committed in any proceedings hereunder, shall invalidate or prejudice the document or proceeding or in any way affect the operation of this Ordinance. (Amended 33 of 1981 s. 29)
(2) Except where otherwise provided by this Ordinance, the Commissioner may correct any misnomer or inaccurate description, or any mistake or accidental omission in any document issued by him for the purposes of this Ordinance. (Added 33 of 1981 s. 29. Amended 22 of 1995 s. 31)
52. Competency of judge
No judge, District Judge, magistrate or member of the Lands Tribunal shall be incapable of acting in his judicial office in any proceeding, by reason of his being, as being a ratepayer or a member of any other class of persons, liable in common with others to contribute to or to be benefited by any rate which may be increased, diminished or in any way affected by the proceeding.
(Amended 62 of 1974 s. 16)
53. Regulations
The Chief Executive in Council may make regulations for the better carrying out of the objects of this Ordinance.
(Amended 12 of 1999 s. 3)
54. Forms and signature of notices
(1) The Commissioner may specify the form of any requisition, declaration, notice, claim or other document required for the purposes of this Ordinance.
(2) Every requisition, declaration, notice, claim or other document required or to be given for the purposes of this Ordinance, shall be valid if the name of the Commissioner, Deputy Commissioner, Assistant Commissioner, Principal Valuation Surveyor, Senior Valuation Surveyor or Valuation Surveyor is printed or signed thereon.
(Replaced 22 of 1995 s. 32)
### Rating Ordinance 《差餉條例》
55. Saving of valuation lists in force before commencement of Rating (Amendment) Ordinance 1990
(1) Any valuation list in force immediately prior to the date of commencement of the Rating (Amendment) Ordinance 1990 (54 of 1990) (in this subsection called the amending Ordinance) shall be the valuation list for the Urban Council area or the Regional Council area where it formerly applied, and for that purpose shall continue in force and, save where otherwise provided, the provisions of this Ordinance as amended by the amending Ordinance shall apply in respect of any such list.
(1A) On and after the commencement date, any valuation list which is continued in force under subsection (1) for any purpose, continues to apply for that purpose as provided in that subsection as if the amendments had not been made and that subsection is to be construed accordingly. (Added 78 of 1999 s. 7)
(1B) In subsection (1A), the amendments (有關修訂) and commencement date (生效日期) have the meanings given to them in section 56(8). (Added 78 of 1999 s. 7)
(2) The provisions of subsection (1) shall be in addition to and shall not derogate from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).
(Replaced 54 of 1990 s. 25) | 1,341 |
### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》
18. Inspection of licensed premises
(1) For the purpose of ascertaining whether this Ordinance has been or is being complied with in respect of any licensed premises, an enforcement officer may, without a warrant, exercise any of the following powers—
(a) at all reasonable times enter and inspect the premises;
(b) require a person who takes part in the operation, keeping, management or other control of the premises as a hotel or guesthouse to produce, provide or disclose to the officer any document, thing or information relating to—
(i) the operation, keeping, management or other control of the premises as a hotel or guesthouse; or
(ii) any other activity in connection with the use of the premises as a hotel or guesthouse;
(c) remove for further examination a document or thing that the officer has reasonable grounds to believe to be—
(i) evidence of an offence under this Ordinance; or
(ii) evidence of a ground for cancelling or suspending the licence for the premises;
(d) do anything that is reasonably necessary—
(i) for the inspection of the premises; or
(ii) for the inspection or testing of any equipment, works or system used for or in connection with the operation, keeping, management or other control of the premises as a hotel or guesthouse.
(2) Subsection (1) however does not empower an enforcement officer to require a person to produce, provide or disclose any document, thing or information that the person would, on grounds of legal professional privilege, be entitled to refuse to produce, provide or disclose.
(3) In this section—
licensed premises (持牌處所) means premises covered by a licence—(a) including any period during which the licence—
(i) is suspended under section 12D; or
(ii) remains in effect under section 12H(4); but
(b) excluding any period during which the licence has yet to take effect because of section 12H(3).
(Replaced 6 of 2020 s. 15)
### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》
19. Secretary may give directions to secure safety, etc.
(Amended 6 of 2020 s. 17)(1) The Secretary may, by written notice, give any directions in respect of a hotel or guesthouse that the Secretary considers to be required to secure that— (Amended 6 of 2020 s. 17)
(a) the safety of guests in the hotel or guesthouse is promoted in a proper manner;
(b) adequate apparatus and equipment required as safeguards against fire or other hazard are provided in the hotel or guesthouse; and
(c) the provisions of this Ordinance are complied with.
(2) A notice under subsection (1)—
(a) must be served by registered post upon the person being the operator, keeper, manager or otherwise having control of the hotel or guesthouse or served by posting the same in a conspicuous part of the hotel or guesthouse; and (Amended 39 of 1998 s. 9)
(b) must indicate a period of time within which the directions must be complied with.
(3) If a notice under subsection (1) is served by posting it in a conspicuous part of the hotel or guesthouse, the notice must be in both the English and the Chinese languages and the addressee may be referred to by reference to the addressee’s capacity in relation to the hotel or guesthouse without the need to state the name of such a person. (Added 39 of 1998 s. 9)
(Amended 6 of 2020 s. 17)(Format changes—E.R. 3 of 2021)
20. Remedial order
(1) The Secretary may, by sworn information in writing, request the District Court to make an order under this section (remedial order
20A. Closure order
(1) A court or magistrate may make an order under this section (closure order
### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》
20B. Issue of warrant to bailiff after making closure order
(1) If a court or magistrate makes a closure order in respect of any premises, the court or magistrate—
(a) must issue a warrant to a bailiff, commanding the bailiff to close the premises and to affix a copy of the order to a conspicuous part of the premises; and
(b) may direct that the warrant is to be executed only after a date specified in the warrant.
(2) A bailiff executing the warrant may, in order to effect the closure of the premises—
(a) enter any place at the time specified in the warrant or, if no time is specified, at any time;
(b) use any reasonable force and take any reasonable measures, including using any force that is reasonable in the circumstances for gaining entry into the premises; and
(c) evict any person from the premises.
(3) The bailiff may be accompanied and assisted by any person the bailiff considers necessary for assisting the bailiff in executing the warrant.
20C. Rescission of closure order on application
(1) If a closure order is made in respect of any premises on the basis of a present conviction within the meaning of section 20A, an interested person for the premises may apply in writing to a court or magistrate for the order to be rescinded.
(2) A person is an interested person for any premises if the person becomes a purchaser, mortgagee or chargee in good faith for valuable consideration of an interest in the premises (bona fide purchaser
20D. Rescission of closure order on successful appeal against conviction
(1) Subject to subsection (2), an appellate court must rescind a closure order if—
(a) the order was made by reference to a conviction (whether it is a present conviction or previous conviction within the meaning of section 20A); and
(b) the person convicted (appellant
20E. Suspension of closure order
(1) If a closure order is made in respect of any premises, an affected person may apply in writing to a court or magistrate for an order under this section (suspension order
| 1,342 |
### Air Pollution Control Ordinance 《空氣污染管制條例》
60. Removal of names from registers
The Authority may remove from a register—
(a) the name of a person who is deceased;
(b) the name of a person who, or a company, body corporate or laboratory which, in the opinion of the Authority has ceased to carry on relevant business;
(c) the name of a person who, or a company, body corporate or laboratory which, has not paid the prescribed annual fee within the prescribed period;
(d) a name at the request of the person, company, body corporate or laboratory.
61. Restoration of names to registers
(1) A person, company, body corporate or laboratory whose name has been removed from a register under section 60(c) may apply to the Authority in writing within 2 years from the date of the removal for restoration of the name to the register.
(2) Subject to the payment of the prescribed fee to restore a name, the Authority shall restore the name to the register.
62. Disciplinary proceedings
Where it appears to the Authority or a member of the Administration Committee that—
(a) a registered asbestos consultant, registered asbestos contractor, registered asbestos supervisor or registered asbestos laboratory; or
(b) a director, partner or owner of a registered asbestos contractor or registered asbestos laboratory,
has committed neglect or misconduct that—
(i) renders the person, company, body corporate or laboratory unfit to continue to be entered on the relevant register; or
(ii) makes further entry of the person, company, body corporate or laboratory on the relevant register prejudicial to the administration of this Ordinance; or
(iii) renders the person, company, body corporate or laboratory deserving of censure,
the Authority or the member may refer the matter to the Administration Committee which may conduct an inquiry.
63. Legal adviser
The Administration Committee may appoint a legal adviser to advise it on any points of law or procedure that may arise before, during or after a disciplinary inquiry.
64. Rules of procedure
The Administration Committee may make rules providing for the conduct of its inquiries and for other matters relating to the investigation of an alleged court conviction, neglect or misconduct.
65. Notice of hearing
(1) The Administration Committee shall not hear evidence regarding a complaint leading to disciplinary proceedings against a registered person unless the person is given 28 days’ notice of the date, time and place of the hearing and the reason for the hearing.
(2) The registered person who is the subject of a hearing, and the directors, partners and proprietors of a registered asbestos contractor or registered asbestos laboratory, are entitled to hear and to have access to all evidence produced at the hearing and to cross-examine witnesses adducing the evidence.
### Air Pollution Control Ordinance 《空氣污染管制條例》
66. Finding and recommendation of Administration Committee
(1) After an inquiry, the Administration Committee shall advise the Authority whether or not it is satisfied that the person, company, body corporate or laboratory has committed neglect or misconduct referred to in section 62 and, where appropriate, make a recommendation as to penalty that should be imposed.
(2) The Authority shall advise the registered person, company, body corporate or laboratory of the findings and recommendation of the Administration Committee and the order of the Authority under section 67.
67. Order of the Authority
(1) The Authority may, on receiving the recommendation of the Administration Committee, order—
(a) that the name of the person, company, body corporate or laboratory be removed, either permanently or for a specified period, from the relevant register;
(b) that the person, company, body corporate or laboratory be reprimanded;
(c) that a shareholder, director or other officer of a company or body corporate be reprimanded;
(d) that the findings and order be published in the Gazette.
(2) The Authority may make an order as to the payment of the costs of the inquiry, the costs of the Authority and the costs of any person in respect of whom the inquiry is held.
(3) Costs awarded under this section are recoverable as a civil debt.
### Air Pollution Control Ordinance 《空氣污染管制條例》
68. Power of the Administration Committee
(1) For the purpose of an inquiry under this Part, the Administration Committee has the following powers—
(a) to hear, receive and examine evidence on oath;
(b) to summon a person to attend the inquiry either as the person whose conduct is the subject of the inquiry or to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all lawful exceptions;
(c) to admit or exclude the public or any member of the public from the inquiry;
(d) to admit or exclude the press from the inquiry;
(e) to order the inspection of any premises or ship not used solely for dwelling purpose;
(f) to enter upon and view any premises or ship not used solely for dwelling purpose;
(g) to award any person summoned to attend the inquiry as a witness an amount which in the opinion of the Administration Committee has been reasonably expended by him in connection with his attendance.
(2) The Chairman shall sign summonses to witnesses.
(3) No person is required to answer a question or produce a document or other thing which, in the opinion of the Administration Committee, may tend to incriminate him.
(4) A witness is, in respect of evidence given by him before the Administration Committee, entitled to the same immunities and privileges to which he would be entitled as if he were giving evidence in court.
(5) A person who—
(a) having been summoned by the Administration Committee to attend as a witness or to produce a document or other thing under this section without reasonable excuse refuses or fails to do so;
(b) attends as a witness before the Administration Committee and, without lawful excuse, refuses or fails to answer a question put to him by the Administration Committee;
(c) fraudulently obtains registration as a registered asbestos consultant, contractor, supervisor or laboratory for himself or any other person;
(d) obtains registration as a registered asbestos consultant, contractor, supervisor or laboratory for himself or any other person by means of any misleading, false or fraudulent representation or statement, either orally or in writing,
commits an offence and is liable to a fine at level 5 and to imprisonment for 1 year.
(Amended E.R. 2 of 2014) | 1,343 |
### University of Hong Kong Ordinance 《香港大學條例》
7. Court, Council and Senate, their constitutions, powers and duties
(1) There shall be a Court, a Council and a Senate whose respective constitutions, powers, and duties shall be prescribed by this Ordinance and the statutes.
(2) The Court shall, subject to the provisions of this Ordinance and the statutes, be the supreme advisory body of the University. (Amended 20 of 2011 s. 2)
(3) The Council shall be the supreme governing body of the University, and shall provide for the custody and use of the University seal, and subject to the provisions of this Ordinance and the statutes, the Council may exercise all the powers and is to perform all the duties of the University other than those vested or imposed by this Ordinance or the statutes in some other authority of the University or in an officer. (Amended 20 of 2011 s. 2)
(4) Subject to the provisions of this Ordinance and the statutes, and to the financial control of the Council, the Senate shall have the regulation of all matters relating to education in the University.
(5) No act or resolution of the Court, the Council, or the Senate shall be invalid by reason only of any vacancy in, or any want of qualification by or invalidity in the election or appointment of any member of, any such body.
8. Faculties and Institutes
(1) There shall be Faculties of Arts, Social Sciences, Science, Medicine, Engineering, and such other Faculties as may be constituted by the Court on the recommendation of the Council and the Senate. In the Faculty of Arts due provision shall be made for the study of the Chinese language and literature. (Amended 49 of 1960 s. 2; 81 of 1978 s. 2)
(2) There shall be a Board and a Dean of each Faculty with such powers respectively as may be prescribed by this Ordinance and the statutes.
(3) The Council may, on the recommendation of the Senate, form, dissolve or reform such institutes, schools, centres, units and other sub-divisions of studies and learning as it may from time to time consider desirable. (Replaced 1 of 1968 s. 6)
9. Convocation
(1) There shall be a Convocation, whose constitution, powers and privileges shall be as prescribed by the statutes.
(2) Convocation shall have such and so many representatives in the Court and on such conditions as may be prescribed by the statutes.
10. Honorary Degrees Committee
For the purpose of advising the Chancellor with regard to the award of honorary degrees, there shall be an Honorary Degrees Committee which shall consist of such persons as shall be provided by the statutes.
(Amended 63 of 1996 s. 2)
### University of Hong Kong Ordinance 《香港大學條例》
11. Committees generally
(1) The Court, the Council, the Senate, and the Board of any Faculty respectively may establish such committees as they think fit.
(2) Unless otherwise expressly provided, any committee may consist partly of persons who are not members of the Court, the Council, the Senate or the Board of any Faculty, as the case may be.
(3) Subject to the provisions of this Ordinance and the statutes, the Court, the Council, the Senate, and the Board of any Faculty respectively may, with or without restrictions or conditions as they think fit, delegate any of their powers and duties to any committee.
### University of Hong Kong Ordinance 《香港大學條例》
13. Statutes
(1) Subject to the provisions of this Ordinance, the University shall be governed in accordance with the provisions of the statutes.
(2) The Council may propose to the Court additions to, or the amendment or repeal of, any of the statutes, whereupon on the recommendation by the Court to the Chancellor, the Chancellor may make any such addition, amendment, or repeal as recommended by the Court.
(3) Every such addition, amendment and repeal made by the Chancellor in accordance with subsection (2), shall be published in the Gazette, and may be published in the Gazette of the University or in such other manner as the Chancellor may direct.
(4) The statutes contained in the Schedule shall be deemed to have been made under this Ordinance.
(5) The Interpretation and General Clauses Ordinance (Cap. 1) shall apply for the purposes of the interpretation of the statutes as it applies for the purposes of the interpretation of an Ordinance, and all expressions defined in this Ordinance shall bear the same meaning when used in the statutes, unless other provision is made in the statutes or a contrary intention otherwise appears.
14. Examiners
All examinations held by the University shall be conducted in such manner as the statutes and any regulations made thereunder may prescribe:
Provided that for degree examinations for the final year and such other examinations for degrees as the Senate may from time to time recommend, at least one external and independent examiner shall be appointed for each subject or group of subjects forming part of the course of studies required, if practicable.
15. Power to confer degrees, etc.
The University shall have power—
(a) to confer such degrees as may be specified in the statutes;
(b) to award diplomas and certificates and such other academic distinctions as may be specified in the statutes;
(c) to provide such lectures and instruction for persons not members of the University as the University may determine, and to grant certificates to such persons;
(d) after due enquiry, to deprive persons of such degrees, diplomas, certificates and other academic distinctions as may be specified in the statutes. (Added 78 of 1994 s. 2)
### University of Hong Kong Ordinance 《香港大學條例》
16. Saving
Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.
(Added 1 of 1968 s. 8. Amended 53 of 2000 s. 3)
| 1,343 |
### Entertainment Special Effects Ordinance 《娛樂特別效果條例》
19. Application for pyrotechnic special effects materials supplier licence
(1) A person shall not be eligible to be issued a pyrotechnic special effects materials supplier licence under this section unless—
(a) he either—
(i) is a licensed special effects operator whose licence is of a type acceptable to the Authority; or
(ii) has appointed a licensed special effects operator whose licence is of a type acceptable to the Authority to be responsible for the supply, conveyance, storage, use and destruction of pyrotechnic special effects materials incidental to his business as a supplier; and
(b) in the case of a person other than a person who is a body corporate, the person, or, in the case of a partnership any partner thereof, has satisfied the Authority that he is a fit and proper person to carry on business as a licensed supplier; and
(c) in the case of a person who is a body corporate, any director or secretary thereof has satisfied the Authority that he is a fit and proper person to be associated with the business of a licensed supplier; and
(d) he has complied with such other requirements as may be prescribed by the Authority.
(2) In considering whether a person is a fit and proper person for the purposes of this section, the Authority shall have regard to the character and conduct of the person.
(3) An application for a licence under this section shall be made to the Authority in such form and manner as the Authority may determine.
(4) Subject to subsection (1), the Authority may, upon payment of a prescribed fee, issue a pyrotechnic special effects materials supplier licence subject to such terms and conditions as he thinks fit.
20. Pyrotechnic special effects materials to be labelled, etc.
(1) Subject to this Ordinance, no person shall supply, convey or store any pyrotechnic special effects materials in Hong Kong unless such materials have been labelled in the prescribed manner.
(2) Subject to this Ordinance, no person shall supply, convey or store any pyrotechnic special effects materials in Hong Kong unless such materials have been packed in the prescribed manner.
(3) Any person who contravenes subsection (1) or (2) commits an offence and is liable—
(a) on a first conviction to a fine at level 5 and to imprisonment for 3 months; and
(b) on a second or subsequent conviction to a fine at level 6 and to imprisonment for 6 months.
(4) It shall be a defence to a charge under this section for the person charged to prove that he did not know and could not with reasonable diligence have known that the materials in question had not been labelled or packed in the prescribed manner, as the case may be.
### Entertainment Special Effects Ordinance 《娛樂特別效果條例》
21. Permits required for conveyance of pyrotechnic special effects materials
(1) Subject to this Ordinance and unless otherwise exempted by regulations, no person shall convey or cause to be conveyed by land or water within Hong Kong any pyrotechnic special effects materials without a conveyance permit.
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on a first conviction to a fine at level 6 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction to a fine of $200,000 and to imprisonment for 12 months.
22. Application for conveyance permit
(1) An application for a conveyance permit shall be made to the Authority in such form and manner as the Authority may determine.
(2) Where an application made under subsection (1) is approved, the Authority may, upon payment of a prescribed fee, issue a conveyance permit subject to such terms and conditions as he thinks fit.
(3) A term or condition specified in a conveyance permit may contain qualifications, restrictions or requirements concerning the route, location, time or period of the application of the term or condition.
23. Licences required for storage of pyrotechnic special effects materials
(1) Subject to this Ordinance and unless otherwise approved by the Authority, no person shall store any pyrotechnic special effects materials at any place other than the location in respect of which a store licence has been issued.
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on a first conviction to a fine at level 6 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction to a fine of $200,000 and to imprisonment for 12 months.
### Entertainment Special Effects Ordinance 《娛樂特別效果條例》
24. Application for store licence
(1) A person shall not be eligible to be issued a store licence under this section unless—
(a) he either—
(i) is a licensed special effects operator whose licence is of a type acceptable to the Authority; or
(ii) has appointed a licensed special effects operator whose licence is of a type acceptable to the Authority to be responsible for the storage of pyrotechnic special effects materials; and
(b) in the case of a person other than a person who is a body corporate, the person, or, in the case of a partnership any partner thereof, has satisfied the Authority that he is a fit and proper person to be associated with the business of storage of pyrotechnic special effects materials; and
(c) in the case of a person who is a body corporate, any director or secretary thereof has satisfied the Authority that he is a fit and proper person to be associated with the business of storage of pyrotechnic special effects materials; and
(d) he has complied with such other requirements as may be prescribed by the Authority.
(2) In considering whether a person is a fit and proper person for the purposes of this section, the Authority shall have regard to the character and conduct of the person.
(3) An application for a licence under this section shall be made to the Authority in such form and manner as the Authority may determine.
(4) Subject to subsection (1), the Authority may, upon payment of a prescribed fee, issue a store licence subject to such terms and conditions as he thinks fit.
25. Classification of store licences
The Authority may issue different types of store licence in respect of different types of store.
| 1,344 |
### Apology Ordinance 《道歉條例》
7. Effect of apology for purposes of applicable proceedings
(1) For the purposes of applicable proceedings, an apology made by a person in connection with a matter—
(a) does not constitute an express or implied admission of the person’s fault or liability in connection with the matter; and
(b) must not be taken into account in determining fault, liability or any other issue in connection with the matter to the prejudice of the person.
(2) This section is subject to section 8.
8. Admissibility of evidence of apology
(1) Evidence of an apology made by a person in connection with a matter is not admissible in applicable proceedings as evidence for determining fault, liability or any other issue in connection with the matter to the prejudice of the person.
(2) However, if in particular applicable proceedings there is an exceptional case (for example, where there is no other evidence available for determining an issue), the decision maker may exercise a discretion to admit a statement of fact contained in an apology as evidence in the proceedings, but only if the decision maker is satisfied that it is just and equitable to do so, having regard to the public interest or the interests of the administration of justice.
(3) This section applies despite anything to the contrary in any rule of law or other rule concerning procedural matters.
(4) In this section—
decision maker (裁斷者), in relation to applicable proceedings, means the person (whether a court, a tribunal, an arbitrator or any other body or individual) having the authority to hear, receive and examine evidence in the proceedings.
9. Apology not a Limitation Ordinance acknowledgment
For the purposes of section 23 of the Limitation Ordinance (Cap. 347), an apology made by a person in connection with a matter does not constitute an acknowledgment within the meaning of that Ordinance in connection with the matter.
10. Contract of insurance or indemnity not affected
(1) An apology made by a person in connection with a matter does not void or otherwise affect any insurance cover, compensation or other form of benefit for any person in connection with the matter under a contract of insurance or indemnity.
(2) This section applies regardless of whether the contract of insurance or indemnity was entered into before, on or after the commencement date of this Ordinance.
(3) This section applies despite anything to the contrary in any rule of law or agreement.
11. Other matters not affected
This Ordinance does not affect—
(a) discovery, or a similar procedure in which parties are required to disclose or produce documents in their possession, custody or power, in applicable proceedings;
(b) the operation of section 3, 4 or 25 of the Defamation Ordinance (Cap. 21); or
(c) the operation of the Mediation Ordinance (Cap. 620).
### Apology Ordinance 《道歉條例》
12. Amendment of Schedule
The Chief Executive in Council may, by notice published in the Gazette, amend the Schedule.
13. Application to Government
This Ordinance applies to the Government.
### Private Columbaria Ordinance 《私營骨灰安置所條例》
1. Short title
(Amended E.R. 1 of 2018)(1) This Ordinance may be cited as the Private Columbaria Ordinance.
(2)-(3) (Omitted as spent—E.R. 1 of 2018)
2. Interpretation
(1) In this Ordinance—
Appeal Board (上訴委員會) means the body established under section 83(1);
approved management plan (經批准管理方案), in relation to a columbarium, means—(a) the management plan required under section 18(2) that is approved for the purpose of an application for the issue of a licence in respect of the columbarium; or
(b) if such a plan is varied under section 42, the plan as varied;
approved plans (經批准圖則), in relation to a columbarium, means—(a) plans approved under section 26 (as read with section 27(3), if applicable) in respect of the columbarium that are, on the issue of a specified instrument in respect of the columbarium, annexed to the instrument; or
(b) if such plans are varied under section 42, the plans as varied;
ashes (骨灰)—(a) means ashes resulting from the cremation of human remains, and (except in section 5) includes synthetic diamonds, jewellery, ornaments and any other materials transformed from human ashes; and
(b) includes the container of such ashes, as well as any items interred together with such ashes in the same container (if applicable), except for the following provisions—
(i) section 68(3)(d)(iv) and (v);
(ii) the definitions of eligible claimant
3. Meaning of sale of interment right
### Private Columbaria Ordinance 《私營骨灰安置所條例》
4. Ordinance not applicable to Government columbaria, private cemeteries, private crematoria, undertakers of burials, etc.
(1) This Ordinance does not apply to any of the following—
(a) a columbarium that is built, operated, administered or maintained by the Government, including one that is in a Government crematorium specified in Part 5 of the Fifth Schedule to the Public Health and Municipal Services Ordinance (Cap. 132);
(b) a columbarium that is in a private cemetery specified in Part 2 of that Schedule;
(c) a columbarium under the management and control of a person specified in Part 2A of that Schedule;
(d) an authorized private crematorium specified in Part 6 of that Schedule to the extent that the keeping of ashes in it is transient and incidental to its operation as a crematorium.
(2) This Ordinance (except Part 7 and Schedule 5) does not apply to a columbarium if—
(a) it is in premises specified, in a licence referred to in the Undertakers of Burials Regulation (Cap. 132 sub. leg. CB), as the licence holder’s place of business; and
(b) the licence does not prohibit the keeping of ashes in that place of business.
| 1,345 |
### Education Ordinance 《教育條例》
40BH. Register of interests
The incorporated management committee of a school shall—
(a) keep a register of all declarations made under section 40BF;
(b) keep a register of all disclosures made under section 40BG;
(c) permit any inspector of schools to inspect the register kept under paragraph (a) or (b) at any reasonable time to enable the Permanent Secretary to ascertain whether section 40BF or 40BG, as the case may be, is complied with; and
(d) permit the public to inspect the register kept under paragraph (b) at any reasonable time.
40BI. Rights and liability of manager and protection
(1) A manager shall not by virtue of his office as the manager be beneficially interested in any property of the incorporated management committee.
(2) A manager shall not incur any civil liability in respect of anything done or omitted to be done by him in good faith in the performance or purported performance of any function of his office as the manager.
(3) No civil proceedings shall be brought against a manager of a school for anything done or omitted to be done by or on behalf of the incorporated management committee of the school unless he has not acted in good faith in relation to the thing or omission.
(4) The protection conferred under subsection (2) does not in any way affect the liability, if any, of the incorporated management committee for the act or omission of the manager in the performance or purported performance of the relevant function.
40BJ. Establishment of incorporated management committee in respect of operating DSS school or specified school
The sponsoring body of—
(a) a DSS school which—
(i) is a school without IMC; and
(ii) has commenced operation (whether or not before 1 January 2005); or
(b) a specified school,
may notify the Permanent Secretary in writing of its intention to establish an incorporated management committee in respect of the school.
(Amended E.R. 2 of 2014)
### Education Ordinance 《教育條例》
40BK. Submission for the purpose of establishment of incorporated management committee in respect of operating school
(1) This section applies to—
(a) an aided school which—
(i) is a school without IMC; and
(ii) has commenced operation before 1 January 2005;
(b) a DSS school in respect of which a notice has been given under section 40BJ; and
(c) a specified school in respect of which a notice has been given under section 40BJ.
(2) The sponsoring body of a school shall submit to the Permanent Secretary a draft of the constitution of the proposed incorporated management committee.
(3) A submission made under subsection (2) shall be made—
(a) in the case of an aided school, by 1 July 2011; (Amended L.N. 112 of 2009)
(b) in the case of a DSS school or specified school, within 6 months from the date of the notice given under section 40BJ in respect of the school.
(4) The sponsoring body shall provide to the Permanent Secretary such further information relating to the submission as he may reasonably require for the purpose of enabling him to exercise his power under section 40BL or 40BM.
(5) The Legislative Council may, by a resolution passed after 1 October 2008 but before 1 July 2009, amend subsection (3)(a) by repealing “1 July 2009” and substituting a date after 1 July 2009 but before 2 July 2011.
40BL. Approval of draft constitution
The Permanent Secretary shall approve or refuse to approve a draft of a constitution submitted under section 40BK(2) in accordance with any regulation made under section 84 for the purposes of this section.
40BM. Approval of list of proposed managers
(1) Upon the approval of the draft constitution by the Permanent Secretary, the sponsoring body shall submit to the Permanent Secretary—
(a) a list of the proposed managers of the school; and
(b) an application by each proposed manager for registration as a manager of the school that complies with section 28.
(2) The Permanent Secretary shall approve a list of proposed managers submitted under subsection (1) if—
(a) the composition of the proposed incorporated management committee—
(i) complies with this Part; and
(ii) is consistent with the draft of the constitution as approved under section 40BL; and
(b) having regard to the grounds prescribed in section 30, he is satisfied that all the proposed managers are fit for registration as a manager of the school.
### Education Ordinance 《教育條例》
40BN. Incorporation
(1) If the Permanent Secretary approves—
(a) a draft of a constitution under section 40BL; and
(b) a list of proposed managers under section 40BM,
he shall—
(c) register the proposed managers as managers of the school under section 29; and
(d) issue a certificate of incorporation in such form as he may specify.
(2) With effect from the date of incorporation specified in the certificate of incorporation—
(a) the supervisor of the school shall cease to be the supervisor of the school;
(b) all managers of the school who hold office as such immediately before that date shall cease to be managers of the school; and
(c) the incorporated management committee shall be established as a body corporate with perpetual succession.
(3) The incorporated management committee established under subsection (2) shall—
(a) have—
(i) an English name in the form “The Incorporated Management Committee of (the registered English name of the school
40BO. Effect of certificate of incorporation
A certificate of incorporation issued under section 40BN shall be conclusive evidence that the incorporated management committee is duly established under this Ordinance.
40BP. Transitional provisions for establishment of incorporated management committee
(1) Schedule 1 has effect in relation to the establishment of the incorporated management committee of a school which does not have a school management company.
(2) The Secretary for Education may by notice published in the Gazette amend Schedule 1. (Amended L.N. 130 of 2007)
| 1,346 |
### Registered Designs Ordinance 《註冊外觀設計條例》
89. Offences by corporations or partners
(1) Where an offence under this Ordinance committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) The following provisions apply for the purposes of proceedings for an offence under this Ordinance alleged to have been committed by a body corporate—
(a) any rules of court relating to the service of documents; and
(b) section 19A (plea by a corporation before a magistrate) and section 87 (procedure on charge of indictable offence against corporation) of the Magistrates Ordinance (Cap. 227).
(3) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) Where an offence under this Ordinance committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of the partnership, that other partner shall be guilty of the offence and liable to be proceeded against and punished accordingly.
90. Interpretation
(1) In this section and sections 91 to 93, the Registered Designs Act 1949 (《1949年註冊外觀設計法令》) means the Registered Designs Act 1949 (1949 c. 88 U.K.), as amended and as applied to Hong Kong by the United Kingdom Designs (Protection) Ordinance (Cap. 44).
(2) Unless the context otherwise requires, any word or expression used in sections 91 to 93 and defined in the Registered Designs Act 1949 has the same meaning as in that Act.
### Registered Designs Ordinance 《註冊外觀設計條例》
91. Designs deemed registered under this Ordinance
(1) Any design registered under the Registered Designs Act 1949 before the date of commencement* of this Ordinance the right in which is subsisting or is treated as subsisting on that date shall be deemed to be registered under this Ordinance in respect of the articles for which it is registered under that Act.
(2) Any design registered under the Registered Designs Act 1949 on or after the date of commencement of this Ordinance the application for which was pending on the date immediately preceding the date of commencement of this Ordinance shall be deemed to be registered under this Ordinance in respect of the articles for which it is registered under that Act.
(3) Notwithstanding any other provision of this Ordinance, the initial period of registration of a design deemed by subsection (1) to be registered under this Ordinance shall consist of the period—
(a) beginning on the date of commencement of this Ordinance; and
(b) ending on the earlier of—
(i) the date on which the right in the design expires under the Registered Designs Act 1949; and
(ii) the date on which the right in the design would expire under that Act if the period for which the right is subsisting on the date of commencement of this Ordinance could not be extended in accordance with section 8(2) of that Act.
(4) Notwithstanding any other provision of this Ordinance, the initial period of registration of a design deemed by subsection (2) to be registered under this Ordinance shall consist of the period—
(a) beginning on the date of registration of the design under the Registered Designs Act 1949; and
(b) ending on the earlier of—
(i) the date on which the right in the design expires under the Registered Designs Act 1949; and
(ii) the date on which the right in the design would expire under that Act if the period for which the right subsists under section 8(1) of that Act could not be extended in accordance with section 8(2) of that Act.
Editorial Note:
* Commencement date: 27 June 1997.
### Registered Designs Ordinance 《註冊外觀設計條例》
92. Renewal of registration
(1) The period of registration of a design deemed by section 91 to be registered under this Ordinance may be extended for additional periods of 5 years each but the total period of registration under this Ordinance and the Registered Designs Act 1949 may not exceed 25 years and 6 months in the aggregate.
(2) If the registered proprietor of the design desires to renew the period of registration for a further period of 5 years after the initial period of registration referred to in section 91(3) or (4) expires, he shall submit an application to the Registrar in accordance with subsection (3).
(3) The application referred to in subsection (2) shall—
(a) be submitted before the later of—
(i) the date that is 6 months prior to the expiration of the initial period of registration under this Ordinance; and
(ii) the date that is 6 months after the commencement* of this Ordinance;
(b) include—
(i) a representation of the design as registered under the Registered Designs Act 1949;
(ii) a certificate confirming registration of the design issued by the Registrar of the United Kingdom Designs Registry;
(iii) a certified copy of an entry in, or a certified extract from, the United Kingdom Designs Registry, stating the full name of the proprietor of the design immediately preceding the application; and
(iv) such other information, documents or matter as may be required by the rules; and
(c) be accompanied by the prescribed renewal fee.
(4) Section 28(3), (4) and (5) applies to any further renewal of the period of registration of a design deemed by section 91 to be registered under this Ordinance.
Editorial Note:
* Commencement date: 27 June 1997.
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### Sale of Goods Ordinance 《貨品售賣條例》
55. Remedies for breach of warranty
(1) Where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not, by reason only of such breach of warranty, entitled to reject the goods; but he may—
(a) set up against the seller the breach of warranty in diminution or extinction of the price; or
(b) maintain an action against the seller for damages for the breach of warranty.
(2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.
(3) In the case of breach of warranty of quality, such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.
(4) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage.
56. Interest and special damages
Nothing in this Ordinance shall affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.
57. Exclusion of implied terms and conditions
(1) Where any right, duty or liability would arise under a contract of sale of goods by implication of law, it may (subject to the Control of Exemption Clauses Ordinance (Cap. 71)) be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage if the usage is such as to bind both parties to the contract. (Amended 59 of 1989 s. 20)
(2) An express condition or warranty does not negative a condition or warranty implied by this Ordinance unless inconsistent therewith.
(3)-(11) (Repealed 59 of 1989 s. 20)(Replaced 58 of 1977 s. 8)[cf. 1973 c. 13 s. 4 U.K.]
58. Reasonable time a question of fact
Where, by this Ordinance, any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.
59. Right, etc., enforceable by action
Where any right, duty, or liability is declared by this Ordinance, it may, unless otherwise provided by this Ordinance, be enforced by action.
### Sale of Goods Ordinance 《貨品售賣條例》
60. Auction sale
In the case of a sale by auction—
(a) where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale;
(b) a sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made any bidder may retract his bid;
(c) where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer;
(d) a sale by auction may be notified to be subject to a reserve or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.
61. Reservation of right to bid
Where a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may bid at the auction.
### Sale of Goods Ordinance 《貨品售賣條例》
62. Saving
(1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything in this Ordinance.
(2) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, and in particular the rules relating to the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to contracts for the sale of goods.
(3) Nothing in this Ordinance or in any repeal effected thereby shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Ordinance.
(4) The provisions of this Ordinance relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.
(5) (Repealed 59 of 1989 s. 20)(6) The amendments of this Ordinance made by the Sale of Goods (Amendment) Ordinance 1977 (58 of 1977) shall not apply to contracts to which this Ordinance applies which were entered into prior to the date of commencement# of that Ordinance; and all such contracts shall continue to be governed by the provisions of this Ordinance in operation immediately prior to the date of commencement# of the Sale of Goods (Amendment) Ordinance 1977 (58 of 1977). (Added 58 of 1977 s. 10)
Editorial Note:
# Commencement date: 15 July 1977.
### Labour Tribunal (Forms) Rules 《勞資審裁處(表格)規則》
1. Citation
These rules may be cited as the Labour Tribunal (Forms) Rules.
2. Forms
The forms contained in the Schedule may be used in the tribunal with such variations as the circumstances may require.
### Labour Tribunal Ordinance 《勞資審裁處條例》
1. Short title
This Ordinance may be cited as the Labour Tribunal Ordinance.
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### Lifts and Escalators Ordinance 《升降機及自動梯條例》
93. Decisions of Registrar to be in writing
(1) If an application is made under section 90 or 91, the Registrar must within 90 days after the date of receipt of the application, notify in writing the applicant of the decision.
(2) If the Registrar decides—
(a) to refuse an application or not to grant a registration under section 90; or
(b) to refuse an application or not to grant a renewal under section 91,
the Registrar must also notify in writing the applicant of the reasons for the decision.
94. Registration—escalator workers
(1) Subject to section 150, the Registrar may, on application, register a person as an escalator worker for all kinds of escalator works. (Replaced 8 of 2012 ss. 156 & 160)
(2) The Registrar must not grant a registration under subsection (1) unless—
(a) the requirements for an applicant set out in Part 3 of Schedule 10 are satisfied; and
(b) the Registrar is satisfied that the applicant is a fit and proper person to be registered under that subsection.
(3) In considering whether an applicant is a fit and proper person to be registered under subsection (1)(a) or (b), the Registrar must in particular take into account whether the applicant has obtained sufficient practical experience and sufficient and proper training to enable the applicant to carry out, competently and without supervision by a qualified person, the kinds of works for which the registration is sought.
95. Renewal of registration—escalator workers
(1) Subject to section 150, the Registrar may on application renew a registration in respect of any kinds of escalator works that is granted under section 94.
(2) The Registrar may refuse an application made under this section if it is not made within the period specified by the Registrar.
(3) The Registrar must not grant a renewal under subsection (1) unless—
(a) the requirement for an applicant set out in Part 4 of Schedule 10 is satisfied; and
(b) the Registrar is satisfied that the applicant is a fit and proper person to continue to perform the functions conferred or imposed on the applicant under the registration of which renewal is sought under this section.
### Lifts and Escalators Ordinance 《升降機及自動梯條例》
96. Expiry of registration and renewed registration
(1) A registration under section 94—
(a) takes effect on the date specified by the Registrar (specified date); and
(b) unless cancelled or suspended, expires on the date immediately before the 5th anniversary of the specified date.
(2) A renewal of registration under section 95—
(a) takes effect on the date immediately after the date of expiry of the registration or at the time of renewal, whichever is the later (effective date); and
(b) unless cancelled or suspended, expires on the date immediately before the 5th anniversary of the effective date.
97. Decisions of Registrar to be in writing
(1) If an application is made under section 94 or 95, the Registrar must within 90 days after the date of receipt of the application, notify in writing the applicant of the decision.
(2) If the Registrar decides—
(a) to refuse an application or not to grant a registration under section 94; or
(b) to refuse an application or not to grant a renewal under section 95,
the Registrar must also notify in writing the applicant of the reasons for the decision.
98. Issue of certificates of registration
(1) If the Registrar decides to grant any registration to a person under a relevant provision, the Registrar may—
(a) assign a registration number to the person; and
(b) issue to the person a certificate of registration.
(2) If the Registrar decides to grant any renewal of registration to a person under a relevant provision, the Registrar may issue a certificate of registration to the person.
(3) A certificate issued under subsection (1) or (2)—
(a) must be in the specified form; and
(b) may contain any information relating to the registration granted or renewed that the Registrar considers appropriate.
(4) If there is a change in the name of a registered person, subject to section 150, the Registrar may on application issue to the registered person a replacement certificate of registration.
(5) A replacement certificate of registration under subsection (4) has the same effect as, and is equivalent to, the certificate of registration it replaces.
(6) In this section—
relevant provision (有關條文) means section 74, 75, 78, 79, 82, 83, 86, 87, 90, 91, 94 or 95.
### Lifts and Escalators Ordinance 《升降機及自動梯條例》
99. Issue of registration cards on registration or renewal of registration
(1) If the Registrar decides to grant any registration or renewal of registration to a person under a relevant provision, the Registrar may issue a registration card to the person.
(2) If the Registrar considers it appropriate to do so, the Registrar may, on request, issue to the person mentioned in subsection (1) a single registration card in respect of all registrations and renewals granted to the person under the relevant provisions.
(3) A registration card issued under this section—
(a) must be in the specified form; and
(b) may contain any information relating to the registration granted or renewed that the Registrar considers appropriate.
(4) If there is a change in the name of a registered person, subject to section 150, the Registrar may on application issue to the registered person a replacement registration card.
(5) A replacement registration card issued under subsection (4) has the same effect as, and is equivalent to, the registration card it replaces.
(6) In this section—
relevant provision (有關條文) means section 78, 79, 82, 83, 90, 91, 94 or 95.
100. Issue of duplicates of registration certificates and registration cards
(1) If a certificate of registration (original certificate
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### Evidence Ordinance 《證據條例》
50. Competence and credibility
(1) Hearsay evidence shall not be admitted in civil proceedings if or to the extent that it is—
(a) shown to consist of; or
(b) to be proved by means of,
a statement made by a person who at the time he made the statement was not competent as a witness.
(2) Subject to subsection (3), where in civil proceedings hearsay evidence is adduced and the maker of the original statement, or of any statement relied upon to prove another statement, is not called as a witness—
(a) evidence which if he had been so called would be admissible for the purpose of attacking or supporting his credibility as a witness is admissible for that purpose in the proceedings; and
(b) evidence tending to prove that, whether before or after he made the statement, he made any other statement inconsistent with it is admissible for the purpose of showing that he had contradicted himself.
(3) Evidence shall not be given under subsection (2) of any matter of which, if the maker referred to in that subsection had been called as a witness and had denied that matter in cross-examination, evidence could not have been adduced by the cross-examining party.
(4) In subsection (1), not competent as a witness (沒有資格作證人) means suffering from such mental or physical incapacity, or lack of understanding, as would render a person incompetent as a witness in civil proceedings.
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 s. 5 U.K.]
### Evidence Ordinance 《證據條例》
51. Previous statements of witnesses
(1) Subject to subsections (2) to (7), the provisions of this Part as to hearsay evidence in civil proceedings shall apply equally, but with any necessary modifications, in relation to a previous statement made by a person called as a witness in the proceedings.
(2) Subject to subsection (3), a party who has called or intends to call a person as a witness in civil proceedings shall not in those proceedings adduce evidence of a previous statement made by that person, except—
(a) with the leave of the court; or
(b) for the purpose of rebutting a suggestion that his evidence has been fabricated.
(3) Subsection (2) shall not be construed as preventing a witness statement (that is, a written statement of oral evidence which a party to the proceedings intends to lead) from being adopted by a witness in giving evidence or treated as his evidence.
(4) Subject to subsection (5), where in the case of civil proceedings section 12, 13 or 14 applies, this Part shall not authorize the adducing of evidence of a previous inconsistent or contradictory statement otherwise than in accordance with those sections.
(5) Subsection (4) is without prejudice to any provision made by rules of court under section 48.
(6) Nothing in this Part shall affect any of the rules of law as to the circumstances in which, where a person called as a witness in civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in the proceedings.
(7) Nothing in this section shall be construed as preventing a statement of any description referred to above from being admissible by virtue of section 47 as evidence of the matters stated.
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 s. 6 U.K.]
### Evidence Ordinance 《證據條例》
52. Evidence formerly admissible at common law
(1) The common law rule effectively preserved by section 54(1) and (2)(a) of this Ordinance (admissibility of admissions adverse to a party) as in force immediately before the relevant day is superseded by the provisions of this Part.
(2) The common law rules effectively preserved by section 54(1) and (2)(b) to (d) of this Ordinance as in force immediately before the relevant day, that is, any rule of law whereby in civil proceedings—
(a) published works dealing with matters of a public nature (for example, histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated therein;
(b) public documents (for example, public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated therein; or
(c) records (for example, the records of certain courts, treaties, Crown grants or Government grants, pardons and commissions) are admissible as evidence of facts stated therein,
shall continue to have effect.
(3) The common law rules effectively preserved by section 54(3) and (4) of this Ordinance as in force immediately before the relevant day, that is, any rule of law whereby in civil proceedings—
(a) evidence of a person’s reputation is admissible for the purpose of proving his good or bad character; or
(b) evidence of—
(i) reputation or family tradition is admissible for the purpose of proving or disproving pedigree or the existence of a marriage; or
(ii) reputation is admissible for the purpose of proving or disproving the existence of any public or general right or of identifying any person or thing,
shall continue to have effect in so far as they authorize the court to treat such evidence as proving or disproving that matter:
Provided that where any such rule applies, reputation or family tradition shall be treated for the purposes of this Part as a fact and not as a statement or multiplicity of statements about the matter in question.(4) The words in which a rule of law mentioned in this section is described are intended only to identify the rule and shall not be construed as altering it in any way.
(5) In this section, relevant day (有關日期) means the day on which section 2 of the Evidence (Amendment) Ordinance 1999 (2 of 1999) comes into operation*.
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 s. 7 U.K.] Editorial Note:
* Date of coming into operation : 1 June 1999.
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### District Court Ordinance 《區域法院條例》
79. Procedure and practice of the Court in its criminal jurisdiction
(1) Subject to the provisions of this Ordinance and as may be prescribed, the procedure and practice for the time being in force in the Court of First Instance in relation to criminal proceedings therein shall, so far as the same may be applicable, be followed as nearly as may be in criminal proceedings in the Court; and where it is necessary for the purpose of rendering such procedure and practice conveniently applicable, “indictment” and “count” shall be understood to refer to “charge sheet” and “charge” respectively. (Amended 21 of 1962 s. 15; 25 of 1998 s. 2)
(2) Notwithstanding the provisions of subsection (1), none of the provisions of the Criminal Procedure Ordinance (Cap. 221) in Part 1 of Schedule 2 particularized shall be applied to proceedings in the Court. (Amended 21 of 1962 s. 15)
(3) The special provisions contained in Part 2 of Schedule 2 touching the procedure and practice of the Court in the exercise of its criminal jurisdiction shall be applied to criminal proceedings in the Court where the circumstances of such proceedings require their application. (Amended 21 of 1962 s. 15)
(4) Where any provision of the Criminal Procedure Ordinance (Cap. 221) is applicable to criminal proceedings in the Court, such provision shall be read with such verbal alterations and modifications not affecting its substance as are necessary to render it conveniently applicable; and in particular, and without prejudice to the generality of the aforesaid, any such provision relating to a “jury” or a “verdict of a jury” shall be understood to refer to a judge and the functions of a judge as a judge of fact. (Amended 21 of 1962 s. 15; 63 of 1971 s. 13)
(5) Nothing in this section shall be taken to authorize—
(a) the institution of any criminal proceedings in the Court save in accordance with the express provisions of this Part; or (Amended 21 of 1962 s. 15)
(b) trial by jury in any criminal proceedings instituted under the provisions of this Part.
(1 of 1953 s. 29 incorporated. Amended E.R. 1 of 2013)
### District Court Ordinance 《區域法院條例》
79A. Plea by corporation
(1) Where an accused person is a corporation, a plea in writing may be entered by its representative, and if either the corporation does not appear by a representative or, though it does so appear, fails to enter any plea, the Court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty.
(2) In this section, representative (代表) means a person duly appointed by a corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this section authorized to do, but a person shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose. A representative for the purposes of this section need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that the person has been so appointed.
(Added 24 of 1976 s. 3)
### District Court Ordinance 《區域法院條例》
80. Verdict
(1) The verdict and any sentence shall be delivered orally and be recorded in writing at the time of that delivery.
(2) The reasons for the verdict must be delivered—
(a) together with the verdict; and
(b) either orally or in writing. (Replaced 20 of 2014 s. 6)
(3) The reasons for any sentence must be delivered—
(a) together with the sentence; and
(b) orally. (Added 20 of 2014 s. 6)
(4) Reasons delivered orally under subsection (2) or (3) must be reduced to writing within 21 days after the hearing or the trial. (Added 20 of 2014 s. 6)
(5) The reasons reduced to writing must be signed by the judge. (Added 20 of 2014 s. 6)
(6) For reasons delivered in writing under subsection (2) or reasons reduced to writing under subsection (4), the Court must—
(a) deliver a copy of the reasons to each of the parties;
(b) lodge a copy of the reasons in the High Court Library;
(c) make a copy of the reasons available for public inspection in the Registry of the Court; and
(d) make a copy of the reasons available to the public through the Internet. (Added 20 of 2014 s. 6)
(Replaced 1 of 1993 s. 5)
81. Court may take into consideration outstanding offences on application of accused and consent of prosecution
(1) Where an accused person is convicted of an offence, the Court may, on the application of the person convicted and with the consent of the prosecution, in passing sentence on such person take into consideration any other offence of a similar nature which the convicted person admits having committed and which he desires the Court to deal with.
(2) Under subsection (1) the Court may take into consideration any indictable offence not included in any of the categories specified in Part III of the Second Schedule to the Magistrates Ordinance (Cap. 227) and, notwithstanding the provisions of this or any other Ordinance, any offence triable summarily only.
(Added 25 of 1972 s. 4) | 1,351 |
### Peak Tramway By-laws 《山頂纜車附例》
30. Removal from company premises
(16 of 2015 s. 26)Every official shall have the power to remove (if necessary by the use of reasonable force) from the premises, or any part thereof, any person whom he reasonably suspects of committing or attempting to commit any breach of these by-laws; and in the case where such breach is an offence as herein provided he shall have the power to detain such person until he can be delivered into the custody of a police officer to be dealt with according to the law. Where any person so removed shall have paid his fare he shall not be entitled to claim its return.
31. Penalties for committing offence
Any person who offends against or commits a breach of any of the by-laws set out in the first column of the Schedule commits an offence and is liable to the penalty set out in the third column of that Schedule opposite the reference to that by-law.
32. Copies of by-laws
There shall be placed and kept in a conspicuous position at the company’s termini and at its registered office printed copies in the English and Chinese languages of these by-laws.
(16 of 2015 s. 26)
### Oil (Conservation and Control) Ordinance 《石油(保存及管制)條例》
1. Short title
This Ordinance may be cited as the Oil (Conservation and Control) Ordinance.
2. Interpretation
In this Ordinance, unless the context otherwise requires—
authorized officer (獲授權人員) means a person authorized by the Director under section 4;
dealer (經銷商) means a supplier carrying on the business of supplying oil as a retailer;
Director (處長) means the Director of Oil Supplies appointed under section 3;
ferry (渡輪) has the meaning assigned to it in the Ferries Ordinance*;
oil (石油) means mineral oil, products obtained by means of refining mineral oil and liquified petroleum gas;
requisition (徵用) means, in relation to any oil, take possession of the oil or require the oil to be placed at the disposal of the Director;
road (道路) includes the Cross-Harbour Tunnel as named in the Schedule to the Road Tunnels (Government) Ordinance (Cap. 368); (Amended L.N. 198 of 1999)
supplier (供應商) means a person carrying on the business of supplying oil;
vehicle (車輛) means any mechanically propelled vehicle intended or adapted for use on roads but does not include a tram.
Editorial Note:
* Cap. 104, 1977 R. Edition (now repealed, see 30 of 1982).
3. Appointment of Director of Oil Supplies
The Chief Executive may appoint a public officer to be the Director of Oil Supplies and every such appointment shall be notified in the Gazette.
(Amended 61 of 2000 s. 3)
4. Power of Director to appoint authorized officer
The Director may authorize in writing any public officer to exercise the powers and perform the duties conferred or imposed on an authorized officer by this Ordinance or any order made thereunder.
5. Supply etc. of oil, electricity or gas
(1) The Chief Executive in Council may by order regulate or prohibit— (Amended 61 of 2000 s. 3)
(a) the storage, supply, acquisition, disposal or consumption of oil; or
(b) the supply or consumption of electricity or gas.
(2) Any order made under subsection (1) may provide that a contravention or breach thereof shall be an offence and shall be punishable by such fine not exceeding level 5 or by such term of imprisonment not exceeding 1 year as may be specified in the order or by both such fine and imprisonment. (Amended E.R. 1 of 2023)
### Oil (Conservation and Control) Ordinance 《石油(保存及管制)條例》
6. Directions as to oil
(1) The Director or an authorized officer may give to any supplier of, or dealer in, oil such directions as to the storage, supply, use or disposal by him of any oil as he may think fit.
(2) Directions under subsection (1) may in particular—
(a) require any oil to be supplied, in accordance with any such requirements as may be specified by the directions, to such persons as may be so specified;
(b) prohibit or restrict the supply of any oil to persons specified in the directions, or to persons other than those to be supplied in accordance with a requirement specified in the directions; and
(c) regulate the price at which oil may be supplied or sold.
(3) Any supplier or dealer who contravenes or fails to comply with any directions given to him under subsection (1) commits an offence and is liable to a fine at level 6 and to imprisonment for 2 years. (Amended E.R. 1 of 2023)
7. Electricity and gas supply
(1) The Director or an authorized officer may give to any electricity supply company or to any gas supply company such directions as he thinks necessary or expedient for conserving and making the best use of supplies of oil available for the generation of electricity or the manufacture of gas.
(2) Directions given under subsection (1) may in particular—
(a) regulate the time and place during or at which electricity or gas may be supplied;
(b) require electricity or gas to be supplied, in accordance with any such requirements as may be specified by the directions, to such persons as may be so specified; and
(c) prohibit or restrict the supply of electricity or gas to persons specified in the directions, or to persons other than those to be supplied in accordance with a requirement specified in the directions.
(3) An electricity supply company or gas supply company may disregard or otherwise breach any obligation imposed by or under any enactment to give or continue to give supplies of electricity or gas so long as, in so doing, it is acting under and in accordance with any directions given to it under this section.
(4) Any company that contravenes or fails to comply with any direction given to it under this section commits an offence and is liable to a fine at level 6. (Amended E.R. 1 of 2023)
| 1,351 |
### Securities and Futures Ordinance 《證券及期貨條例》
141. Service of notices, etc. on licensed persons
(1) Notwithstanding section 400, any written notice, decision or direction or other document (however described) to be, or required to be, issued or served (however described) to or on a licensed person for the purposes of this Ordinance shall for all purposes be regarded as duly issued or served only if—
(a) in the case of an individual, it is—
(i) delivered to him by hand; or
(ii) (A) left at, or sent by post to, the last residential address;
(B) sent by facsimile transmission to the last facsimile number; or
(C) sent by electronic mail transmission to the last electronic mail address,
provided by the person to the Commission pursuant to section 120(6) or 121(4) (as the case may be); or
(b) in the case of a corporation, it is—
(i) delivered to any officer of the corporation by hand; or
(ii) (A) left at, or sent by post to, the last address;
(B) sent by facsimile transmission to the last facsimile number; or
(C) sent by electronic mail transmission to the last electronic mail address,
provided by the corporation to the Commission pursuant to section 116, 117, 130(1), 135(2) or 138(4) (as the case may be).
(2) Where a notice, decision or direction or other document (however described) is regarded as duly issued or served to or on a licensed person under subsection (1)(a)(ii) or (b)(ii), it shall for all purposes be regarded as issued or served to or on the licensed person, and as coming to his notice, at the time when—
(a) where it is left at an address, it is so left at that address;
(b) where it is sent by post to an address, it would in the ordinary course of post be delivered to that address;
(c) where it is sent by facsimile transmission to a facsimile number, it would in the ordinary course of transmission by facsimile be received at that number; or
(d) where it is sent by electronic mail transmission to an electronic mail address, it would in the ordinary course of transmission by electronic mail be received at that address.
142. Amendment of Schedule 5
The Financial Secretary may, by notice published in the Gazette, amend Schedule 5.
143. Amendment of Schedule 6
The Commission may, by notice published in the Gazette, amend Schedule 6.
### Securities and Futures Ordinance 《證券及期貨條例》
144. Interpretation of Part VI
In this Part, unless the context otherwise requires—
specified amount requirements (指明數額規定) means the requirements specified in the financial resources rules pursuant to section 145(2)(a)(i).
145. Financial resources of licensed corporations
(1) The Commission may, after consultation with the Financial Secretary, make rules requiring licensed corporations to maintain such financial resources as are specified in the rules.
(2) Without limiting the generality of subsection (1) and without prejudice to section 398(7) and (8), the Commission may in the rules referred to in subsection (1)—
(a) require licensed corporations to maintain financial resources in accordance with—
(i) specified requirements as to the amount in which they are to be maintained; and
(ii) any other specified requirements;
(b) specify the assets, liabilities and other matters to be taken into account under the rules to determine the amount of the financial resources of licensed corporations for the purposes of the rules and the extent to which, and the manner in which, they are to be taken into account for that purpose;
(c) provide for the different treatment of the assets, liabilities and other matters for the purposes of the rules according to whether or not they are approved by the Commission for that purpose;
(d) provide that the rules, or any of the provisions of the rules, do not apply to licensed corporations which maintain financial resources, in Hong Kong or elsewhere, in accordance with an authorization of an authority, in Hong Kong or elsewhere, which in the opinion of the Commission performs a function which involves the imposition of requirements relating to financial resources of persons carrying on activities similar to any regulated activity for which a licensed person may be licensed, or apply to such licensed corporations with specified modifications or only in specified circumstances;
(e) provide for the grant of approvals for specified purposes and for the amendment or revocation of such approvals, and for the publication of such approvals and of any amendment or revocation of such approvals in the specified manner;
(f) require licensed corporations to submit to the Commission—
(i) at specified intervals, returns relating to their financial resources and trading activities; and
(ii) notice in writing of specified circumstances relating to their financial resources and trading activities;
(g) require licensed corporations to submit returns to the Commission in response to a request by the Commission for information relating to their financial resources and trading activities;
(h) provide for any other matter relating to financial resources of licensed corporations.
### Securities and Futures Ordinance 《證券及期貨條例》
164. Restriction on receiving or holding of client assets
(1) No person shall receive or hold in Hong Kong client assets of an intermediary unless the person is—
(a) the intermediary;
(b) an associated entity of the intermediary; or
(c) an excluded person.
(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable—
(a) on conviction on indictment to a fine of $200,000 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.
(3) In this section, excluded person (豁除人士) means—
(a) any authorized financial institution;
(b) in the case of client collateral of any intermediary, any other intermediary or person with which or whom it is deposited, or to which or whom it is provided, in the circumstances referred to in paragraph (a)(A) or (B) or (b)(A) or (B) (as the case may be) of the definition of securities collateral
| 1,352 |
### Evidence Ordinance 《證據條例》
77E. Issue of letter of request to obtain evidence in criminal proceedings
(1) Where it appears to the Court of First Instance that any criminal proceedings—
(a) have been instituted in Hong Kong; or
(b) are likely to be instituted in Hong Kong if evidence is obtained for the purposes of those criminal proceedings by virtue of an order made under this section,
the Court of First Instance may order that a letter of request shall be issued and transmitted in such manner as the Court of First Instance may direct to a court or tribunal specified in the order and exercising jurisdiction in a place outside Hong Kong, requesting such court or tribunal to assist in obtaining evidence for the purposes of those criminal proceedings.
(2) An order under this section shall specify the evidence to be obtained and, in the case of evidence to be obtained—
(a) by the examination of any person as a witness by any means (including by way of a live television link), the name and particulars of such person or such other particulars by reference to his office or employment as may be sufficient to ascertain his identity; or (Amended 23 of 2003 s. 16)
(b) by the production of any document or thing, the nature of such document or thing or a description thereof.
(3) An application to the Court of First Instance for an order under this section may be made ex parte supported by affidavit—
(a) in respect of criminal proceedings referred to in subsection (1)(a), by the Secretary for Justice or any person charged with an offence to which such criminal proceedings relate; or
(b) in respect of criminal proceedings referred to in subsection (1)(b), by the Secretary for Justice. (Amended L.N. 362 of 1997)
(4) A letter of request ordered to be issued by the Court of First Instance under this section shall be issued by the Registrar of the High Court (in this Part referred to as the Registrar
### Evidence Ordinance 《證據條例》
77G. Provisions supplementary to sections 77E and 77F
(1) Where under this Part it is relevant for the purposes of any criminal proceedings to prove any particular or matter in respect of a deponent or a deposition, or any document or thing exhibited or annexed to a deposition, such matter or particular may be proved by an averment contained in the deposition stating that particular or matter.
(2) Where any deposition having exhibited or annexed thereto a document of a kind referred to in section 77F(2)(c) is admitted in evidence by virtue of section 77F, section 22(3) and (4) shall apply in relation to any statement contained in that document as they apply in relation to a statement given in evidence by virtue of section 22.
(3) Section 22A(4) and (9) shall apply for the purposes of section 77F(2)(d) as they apply for the purposes of section 22A.
(4) Section 22B(2) and (3) shall apply in relation to a statement contained in any document exhibited or annexed to any deposition admitted in evidence under this Part as they apply in relation to a statement admitted in evidence by virtue of section 22 or 22A.
(4A) References in this Part to a deposition, to the extent that it is received by the Secretary for Justice pursuant to a request under section 9(1) of the Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525), include references to an affidavit, affirmation or declaration made under an obligation to state the truth according to the law of the place where the affidavit, affirmation or declaration is made; and references to a deponent are to be construed accordingly. (Added 18 of 2014 s. 49)
(5) References in this Part to a document or thing exhibited or annexed to a deposition include references to a document or thing referred to in the deposition as a document or thing exhibited or annexed thereto.
(6) In this Part document (文件), copy (副本) and statement (陳述) have the same meaning as in Part IV.
### Evidence Ordinance 《證據條例》
78. Impounding of forged document or false instrument admitted in evidence
Whenever any forged document or false instrument has been admitted in evidence by virtue of this Ordinance, the court or the person who has admitted the same, may, at the request of any party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the custody of such officer of the court or other proper person, for such period, and subject to such conditions as to the court or person may seem meet.
(Amended 11 of 1922 s. 19; 15 of 1924 s. 21; 49 of 1992 s. 5)[cf. 1845 c. 113 s. 4 U.K.; 1851 c. 99 s. 17 U.K.]
79. Admissibility of certain medical notes and reports
In any prosecution for murder or manslaughter any medical notes or report by any Government medical officer which purport to relate to the deceased shall be admissible in evidence upon proof of the handwriting of such Government medical officer, and upon proof of his death or absence from Hong Kong.
(20 of 1922 s. 9 incorporated by 5 of 1924 s. 21. Amended 37 of 1984 s. 11)
80. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial
On the hearing of any indictable offence it shall be the duty of the magistrate to take down in the minute of proceedings any material statement or observation made, and any evidence given, by the accused in the course of the proceedings, and, without prejudice to any other method of proof, any such statement or observation or evidence so taken down shall be admissible in evidence against the accused on his trial upon production of the minute of proceedings.
(20 of 1922 s. 10 incorporated by 5 of 1924 s. 21) | 1,352 |
### Mercury Control Ordinance 《汞管制條例》
6. Ordinance does not apply to certain mercury etc.
This Ordinance does not apply in relation to mercury, mercury mixtures, mercury compounds or mercury-added products falling within any of the following descriptions—
(a) pesticide as defined by section 2 of the Pesticides Ordinance (Cap. 133);
(b) waste as defined by section 2 of the Waste Disposal Ordinance (Cap. 354);
(c) Chinese herbal medicine as defined by section 2 of the Chinese Medicine Ordinance (Cap. 549);
(d) article in transit;
(e) thing that is, or is a part of, an air transhipment cargo;
(f) thing that is brought into Hong Kong by a person who—
(i) arrives at the Hong Kong International Airport from a place outside Hong Kong solely for the purpose of leaving Hong Kong; and
(ii) does not pass through immigration control while in Hong Kong.
7. Ordinance does not apply to mercury etc. of trace quantity
This Ordinance does not apply in relation to mercury, mercury mixtures or mercury compounds falling within any of the following descriptions—
(a) naturally occurring trace quantities of mercury or mercury compound present in any of the following or in the products derived from any of the following—
(i) non-mercury metals;
(ii) non-mercury ores;
(iii) non-mercury mineral products (such as coal);
(b) unintentional trace quantities of mercury or mercury compound present in a chemical product.
### Mercury Control Ordinance 《汞管制條例》
8. Interpretation of Division 1 of Part 2
In this Division—
medical establishment (醫療機構) means—(a) a private healthcare facility within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for which a licence under that Ordinance is in force;
(b) a scheduled nursing home within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for which an exemption granted under section 128 of that Ordinance is in force;
(c) a nursing home within the meaning of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459);
(d) a hospital, maternity home or clinic managed or controlled by the Hospital Authority established under the Hospital Authority Ordinance (Cap. 113);
(e) a mental hospital within the meaning of the Mental Health Ordinance (Cap. 136); or
(f) premises used exclusively by any of the following persons in the course of the person’s practice on the person’s own account—
(i) a registered medical practitioner within the meaning of the Medical Registration Ordinance (Cap. 161);
(ii) a registered dentist within the meaning of the Dentists Registration Ordinance (Cap. 156);
(iii) a registered veterinary surgeon within the meaning of the Veterinary Surgeons Registration Ordinance (Cap. 529);
specified laboratory (指明實驗室) means—(a) a laboratory maintained by a medical establishment;
(b) a laboratory maintained by a specified institution as defined by the Second Schedule to the Education Regulations (Cap. 279 sub. leg. A);
(c) a science laboratory as defined by regulation 2 of the Education Regulations (Cap. 279 sub. leg. A);
(d) a medical laboratory supervised by a registered medical laboratory technologist (within the meaning of the Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations (Cap. 359 sub. leg. A)); or
(e) a laboratory accredited under the Hong Kong Laboratory Accreditation Scheme managed by the Commissioner for Innovation and Technology on behalf of the Government.
### Mercury Control Ordinance 《汞管制條例》
9. Prohibition on export of Part 1 chemical
(1) A person must not export Part 1 chemicals except under an export permit.
(2) Subsection (1) does not apply if—
(a) the Part 1 chemical is exported for use for laboratory-scale research or as a reference standard;
(b) the chemical, while being exported, is contained in packages or containers, and the total quantity of mercury in the type of chemical to which the chemical belongs in each package or container does not exceed 250 g; and
(c) the total quantity of mercury in that type of chemical to be exported in the shipment by the person does not exceed 5 kg.
(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.
10. Prohibition on import of Part 1 chemical
(1) A person must not import Part 1 chemicals except under an import permit.
(2) Subsection (1) does not apply if—
(a) the Part 1 chemical is imported for use for laboratory-scale research or as a reference standard;
(b) the chemical, while being imported, is contained in packages or containers, and the total quantity of mercury in the type of chemical to which the chemical belongs in each package or container does not exceed 250 g; and
(c) the total quantity of mercury in that type of chemical to be imported in the shipment by the person does not exceed 5 kg.
(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.
11. Prohibition on keeping of Part 2 chemical
(1) A person must not keep Part 2 chemicals except under a possession permit.
(2) Subsection (1) does not apply if—
(a) the Part 2 chemical is kept in a specified laboratory for use for laboratory-scale research or as a reference standard; and
(b) the total quantity of mercury in the type of chemical to which the chemical belongs being kept in the laboratory does not exceed 500 g.
(3) For the purposes of subsection (2), if—
(a) 2 or more separate specified laboratories are situated on the same floor of a building; and
(b) the operation of those laboratories is supervised by the same person (whether alone or jointly with another person),
those laboratories are regarded as a single laboratory.
(4) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.
| 1,354 |
### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》
123C. Regulations as to public funeral halls
The Authority may make regulations in relation to public funeral halls prescribing or providing for—
(a) the reception, treatment and custody of human remains;
(b) the management and operation of public funeral halls including the exclusion or removal of persons therefrom;
(c) (Repealed 49 of 1994 s. 34) (d) the persons by whom and the conditions upon which the facilities of public funeral halls may be used;
(e) the maintenance of good order in public funeral halls.
(Added 3 of 1978 s. 2)
124. Right of Authority to dispose of unclaimed dead bodies
(1) Where a person who has the right to effect the disposal of the human remains of any person—
(a) within the period of 48 hours after the human remains are received into any mortuary—
(i) has not made to the person having the management or control of the mortuary a claim to possession thereof; or
(ii) abandons the right to effect the disposal thereof; or
(b) having made a claim to possession of the human remains within such period of 48 hours, does not take possession of the human remains and remove them from the mortuary within 48 hours after he has made the claim,
the right to effect the disposal of the human remains shall vest in the Authority, and the Authority may arrange for the disposal of them in any manner it may think fit. (Replaced 48 of 1969 s. 9)
(2) Any person who knowingly disposes of the human remains, or any part of the human remains, of any person from any mortuary otherwise than in accordance with a claim made by a person having a right to make the same or in accordance with a direction, or with the consent, of the Authority shall be guilty of an offence:
Provided that nothing in this subsection shall make it an offence to transfer the human remains of a person into a mortuary belonging to the Government from a mortuary not so belonging.
124A. Government and private crematoria
(1) The places specified in Part 5 of the Fifth Schedule shall be Government crematoria.
(2) The places specified in Part 6 of the Fifth Schedule shall be authorized private crematoria.
(3) The places specified in Part 7 of the Fifth Schedule shall be Gardens of Remembrance.
(4) The Authority may, by order published in the Gazette, amend, add to or delete from Parts 5, 6 and 7 of the Fifth Schedule. (Amended 9 of 1976 s. 13)
(Added 21 of 1973 s. 9. Amended E.R. 1 of 2013)
### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》
124B. Management of Government crematoria and Gardens of Remembrance
The management and control of Government crematoria and Gardens of Remembrance shall be vested in the Authority.
(Added 21 of 1973 s. 9)
124C. Use of crematoria
No building or place shall be used as a crematorium other than—
(a) a Government crematorium;
(b) an authorized private crematorium; or
(c) a building or place in respect of which the Authority shall have granted special and written permission, upon such terms and conditions as it thinks fit, to some person, society or institution to use the same for the cremation of the human remains or class of human remains specified in such permit.
(Added 21 of 1973 s. 9)
### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》
124D. Provision for hearing objections where application for crematorium in certain locations or adding facilities in an existing crematorium
(1) Where application is made under section 124C(c) for the permission of the Authority to use for the burning of human remains any building or place nearer to any dwelling house than 200 m or within 50 m of any public highway, or application is made for the permission of the Authority to add any facility which is directly related to the burning of human remains in a building or place referred to in section 124C(b) or (c) the Authority shall cause notice of the application specifying the site and facility to be published, at the expense of the applicant, in English and Chinese in 3 successive numbers of the Gazette. (Amended L.N. 89 of 1979)
(1A) Where the Authority intends to add any facility which is directly related to the burning of human remains in an existing government crematorium, the Authority shall cause notice of such decision, specifying the site and facility to be added, to be published in English and Chinese in 3 successive numbers of the Gazette. (Added 78 of 1999 s. 7)
(2) If any person objects to the grant of permission or to the addition, in any case to which subsection (1) or (1A) is applicable, objection must be sent in writing to the Authority to reach its office not later than 1 week after the publication of the last of such notices.
(3) Every such objection together with any evidence that may be tendered by the objector and the applicant or their representatives shall be considered by the Authority before deciding whether or not to grant the application or make the addition.
(4) The Authority shall give notice in writing of its decision, together with reasons, to the applicant and any objector as soon as practicable after a decision is made. (Replaced 78 of 1999 s. 7)
(5) An applicant under subsection (1) or an objector under subsections (1) and (1A), may appeal to the Municipal Services Appeal Board against the decision of the Authority within 30 days of the date of the notice. (Added 78 of 1999 s. 7)
(Added 21 of 1973 s. 9. Amended 78 of 1999 s. 7) | 1,354 |
### Administrative Appeals Board Ordinance 《行政上訴委員會條例》
17. Hearings to be in public except in special circumstances
(1) Subject to subsections (2) and (3), the hearing of an appeal to the Board shall be in public.
(2) Where the Board hearing an appeal, after consulting the parties to the appeal, is satisfied that it is desirable to do so, it may by order—
(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; and
(b) give directions prohibiting or restricting the publication or disclosure to some or all of the parties to the appeal, or to some or all of the persons who may be present, of evidence given before the Board or of any matter contained in any document lodged with the Board or received in evidence by the Board, whether or not it has given directions under section 14 in respect of any such evidence, matter or document.
(3) In the making of an order under subsection (2), the Board, without affecting the generality of that subsection, shall in determining whether or not it is desirable to make an order, take into account any views of the parties to the appeal, including the private interests of and any claim as to privilege by any of those parties.
(4) For the purposes of this section, any question in relation to a claim by any party as to privilege shall be a question of law.
18. Appearance before Board
The parties to an appeal may appear and be present at the hearing of the appeal and may make representations or be represented either by a barrister or a solicitor or, with the approval of the Secretary, by any other person authorized by any of the parties in writing. The respondent may be represented by a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87).
19. Abandonment of appeal
(1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Secretary.
(2) When lodging a notice under subsection (1), the appellant shall at the same time serve a copy of such notice on the other parties to the appeal.
### Administrative Appeals Board Ordinance 《行政上訴委員會條例》
20. Failure of appellant to attend hearing
(1) If on the day and time fixed for the hearing of the appeal the appellant fails to attend the hearing or fails to make representations either in person or by counsel or a solicitor or by some other person, the Board may—
(a) if satisfied that the appellant’s failure to attend was due to sickness or any other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;
(b) proceed to hear the appeal; or
(c) by order dismiss the appeal.
(2) Where the appeal is dismissed by the Board under subsection (1)(c) the appellant may, within 28 days after the making of the order for dismissal, by notice in writing lodged with the Secretary, apply to the Board to review the order and the Board may, if satisfied that the appellant’s failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal.
(3) When lodging a notice under subsection (2), the appellant shall at the same time serve a copy of such notice on the other parties to the appeal.
20A. Language
(1) The hearing of an appeal to the Board may be conducted in the English or Chinese language or both as the Board thinks fit.
(2) Notwithstanding subsection (1)—
(a) any party to an appeal or any person authorized by any party under section 18 to appear before the Board may address the Board in any language;
(b) any witness testifying before the Board may testify in any language.
(Added 51 of 1995 s. 16)
### Administrative Appeals Board Ordinance 《行政上訴委員會條例》
21. Conduct of proceedings
(1) For the purposes of an appeal, the Board may—
(a) subject to this Ordinance and to rules made by the Chairman under section 30 determine its own procedure;
(b) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, whether or not such material would be admissible in evidence in civil or criminal proceedings;
(c) by notice in writing signed by the Secretary, require any person to attend before it at any hearing and to give evidence and produce documents;
(d) administer oaths and affirmations;
(e) examine on oath, affirmation or otherwise any person attending before it and require such person to answer all questions put by or with the consent of the Board;
(f) determine the manner in which the material referred to in paragraph (b) shall be received;
(g) with the consent of the parties to the appeal, determine the appeal without an oral hearing on the basis of written submissions only;
(h) if it appears to the Board that the respondent has reversed the decision appealed against, determine the appeal summarily in favour of the appellant without a hearing and without calling on anyone to attend or to appear before it;
(i) adjourn the determination of any appeal as it may deem fit;
(j) subject to subsection (2), confirm, vary or reverse the decision that is appealed against or substitute therefor such other decision or make such other order as it may think fit;
(k) subject to section 22, make an award to any of the parties to the appeal of such sum, if any, in respect of the costs of and relating to the appeal;
(l) pay an allowance for the expenses of any witness summoned under this Ordinance;
(m) do all things—
(i) ancillary to the powers conferred by this section; or
(ii) reasonably necessary for the discharge of its functions under this Ordinance.
(2) The Board, in the exercise of its powers under subsection (1)(j), shall have regard to any statement of policy lodged by the respondent with the Secretary under section 11(2)(a)(ii), if it is satisfied that, at the time of the making of the decision being the subject of the appeal, the appellant was or could reasonably have been expected to be aware of the policy.
(3) The Board, on the determination of any appeal, may order that the case being the subject of the appeal as so determined be sent back to the respondent for the consideration by the respondent of such matter as the Board may order.
| 1,355 |
### Land Transactions (Enemy Occupation) Ordinance 《土地交易(淪陷時期)條例》
7. Deletion, etc., of green ink entries by Land Registrar
(1) The Land Registrar may, and shall be deemed always to have had power to—
(a) delete any green ink entry which he is satisfied should not have been made;
(b) make any green ink entry which he is satisfied should have been made; and
(c) vary or add to any such entry when he is satisfied that such variation or addition is necessary,
and any such deletion, variation or addition shall be attested and verified by the signature of the Land Registrar.
(2) The Land Registrar shall delete any green ink entry recording or evidencing the purported discharge of a debt which by reason of the Debtor and Creditor (Occupation Period) Ordinance (24 of 1948), is deemed to have been wholly or partly undischarged or any green ink entry depending for its validity on the valid discharge of such a debt.
(3) Any person aggrieved on the ground that a green ink entry should not have been made or is incorrect or on the ground that the appropriate green ink entry has not been made or is no longer subsisting may apply for redress to the court by summary petition verified upon oath and the court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires. A copy of every such petition shall be delivered to the Land Registrar as soon as may be after the issue thereof.
(Amended 8 of 1993 s. 3)
8. Saving
Notwithstanding anything hereinbefore contained, in any action for specific performance founded on this Ordinance—
(a) it shall be a valid defence for a person who has been required to assign or confirm in accordance with the provisions hereof, to show that the Japanese assignment in respect of which such assignment or confirmation was required is void or voidable at his instance or would have been void or voidable at his instance but for the enactment of this Ordinance;
(b) a defendant shall be entitled to rely upon any defence not inconsistent with this Ordinance upon which he would have been entitled to rely had this Ordinance not been passed.
### Land Transactions (Enemy Occupation) Ordinance 《土地交易(淪陷時期)條例》
9. Rules
(1) The Chief Justice may make general rules and orders subject to the approval of the Legislative Council, for regulating—
(a) the practice and procedure of the court in respect of proceedings of any kind under this Ordinance;
(b) the forms to be used;
(c) court fees, the fees of counsel and the costs of solicitors;
(d) generally, for the better carrying out of the provisions of this Ordinance relating to legal proceedings and relating to the carrying out of the orders and directions of the High Court.
(2) Until such rules and orders are made and in so far as the same may make no provision the rules and orders, practice and procedure, forms and fees for the time being in force in the High Court in its original jurisdiction or in the District Court, as the case may be, shall be deemed to be in force with such modifications as the circumstances may require.
(Amended 25 of 1998 s. 2)
10. Provision for certain instruments not registered in the Japanese house registration office
Whenever, by reason of the regulations, practice or procedure applicable to the Japanese house registration office, or by reason of the absence of parties, or for any other reason which the court shall deem sufficient, a conveyance, assignment or other disposition of any land house or building, executed during the Japanese occupation otherwise than by way of mortgage or re-assignment, was not registered at the Japanese house registration office and such conveyance, assignment or other disposition was, by reason of not being under seal, or owing to the parcels being incorrectly described, or through any defect in form or otherwise, inoperative according to the law in force in Hong Kong immediately prior to the Japanese occupation to carry out the true intention of the parties, then the provisions of sections 4, 5, 6, 8 and 9 shall apply to such conveyance, assignment or disposition in like manner as if it had been a Japanese assignment within the meaning of this Ordinance.
(Amended 61 of 1999 s. 3)
### Mock Auctions Ordinance 《假拍賣條例》
1. Short title
This Ordinance may be cited as the Mock Auctions Ordinance.
2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
competitive bidding (競投) includes any mode of sale by which prospective purchasers can compete for the purchase of articles, whether by way of increasing bids or by the offer of articles to be bid for at successively decreasing prices or otherwise;
lot (批貨) means a lot consisting of or including one or more prescribed articles;
prescribed article (訂明物品) means any article belonging to a class of article specified in the Schedule;
sale of goods by way of competitive bidding (以競投方式售賣貨品) means any sale of goods at which the persons present, or some of them, are invited to buy articles by way of competitive bidding;
stated (述明), in relation to a sale of goods by way of competitive bidding, means stated by or on behalf of the person conducting the sale, by an announcement made to the persons for the time being present at the sale.
(2) For the purposes of this Ordinance—
(a) any bid stated to have been made at a sale of goods by way of competitive bidding shall be conclusively presumed to have been made, and to have been a bid of the amount stated;
(b) any reference in this Ordinance to the sale of a lot to a person who has made a bid for it includes a reference to a purported sale of it to a person stated to have bid for it, whether that person exists or not; and
(c) any thing done in or about the place where a sale of goods by way of competitive bidding is held, if done in connection with the sale, shall be taken to be done during the course of the sale, whether it is done at the time when any articles are being sold or offered for sale by way of competitive bidding or before or after any such time.
[cf. 1961 c. 47 s. 3 U.K.] | 1,355 |
### Prisons Ordinance 《監獄條例》
18A. Possession or introduction of prohibited articles by prison officers
(1) Except where authorized by rules made under section 25 or by the Commissioner, any officer of the Correctional Services Department or other person employed in the prisons who—
(a) while in a prison or proceeding into or out of a prison, has in his possession, whether on his person or in any receptacle in his custody, any prohibited article; (Amended E.R. 6 of 2019)
(b) knowingly conveys or permits or causes to be conveyed into or out of a prison, any prohibited article in any vehicle or other means of transport which is driven by him or in his charge or in which he is a passenger;
(c) brings, throws or otherwise introduces or causes to be brought, thrown or otherwise introduced into or out of a prison, any prohibited article;
(d) takes any prohibited article to or from any prisoner whether such prisoner is in a prison or in custody outside a prison;
(e) deposits any prohibited article in any place whether in a prison or outside a prison, with the intent that it shall come into the possession of a prisoner,
shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 3 years. (Amended E.R. 6 of 2019)
(2) In subsection (1), prohibited article (禁制物品) means any fire-arm, ammunition, weapon, instrument, explosive, harmful or deleterious substance, intoxicating liquor, opium or other drug, tobacco, money, clothing, provisions, letter, paper or book.
(Added 11 of 1974 s. 7)
19. Supplying unauthorized articles to prisoners
Any person who—
(a) in any prison sells any intoxicating liquor, opium or other drug, tobacco or any other unauthorized article; or
(b) being an officer of the Correctional Services Department or other person employed in the prisons—
(i) permits any such article to be sold in any prison;
(ii) permits any such article to be used by any prisoner, unless such use be authorized by rules made under section 25 or by the Commissioner;
(iii) contrary to the rules made under section 25 gives or causes to be given anything of whatsoever nature to any prisoner,
shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 6 months and, if he be an officer of the Correctional Services Department or other person employed in the prisons, he shall be liable, in addition to such punishment and any other punishment, to forfeit his office. (Amended E.R. 6 of 2019)
(Amended 19 of 1969 s. 8)[cf. 1952 c. 52 s. 40 U.K.]
### Prisons Ordinance 《監獄條例》
20. Duty to display outside a prison notice containing punishments under sections 17, 18 and 19
The Commissioner shall cause to be affixed in a conspicuous place outside every prison a notice, in English and in Chinese, setting forth the penalties that will be incurred by persons who contravene the provisions of sections 17, 18 and 19.
[cf. 1952 c. 52 s. 42 U.K.]
20A. Offences against discipline generally
Any officer of the Correctional Services Department or other person employed in the prisons who commits a disciplinary offence shall be liable to be dismissed or otherwise dealt with as provided by or under this Ordinance.
(Added 35 of 1977 s. 4)
20B. Offences against discipline by Superintendents and higher ranks
Whenever it is alleged that a Superintendent or any officer of a higher rank of the Correctional Services Department has committed a disciplinary offence or whenever an investigation is being undertaken into any conduct which may amount to the commission of a disciplinary offence by a Superintendent or any such officer—
(a) the provisions of the Public Service (Administration) Order and government regulations which relate to interdiction and to the payment of emoluments thereafter shall apply; (Amended 15 of 1999 s. 3)
(b) the matter shall be investigated and the officer concerned dealt with in the appropriate manner provided for in those regulations for allegations of misconduct made against a public officer.
(Added 35 of 1977 s. 4)
### Prisons Ordinance 《監獄條例》
20C. Offences against discipline by Chief Officers, subordinate officers and other persons employed in the prisons
(1) Whenever a Chief Officer or any subordinate officer or other person employed in the prisons is charged with a disciplinary offence—
(a) the Commissioner may interdict him from duty; and
(b) the matter shall be investigated and the officer or person concerned dealt with in the appropriate manner provided in the rules made under section 25.
(2) Whenever an investigation is being undertaken into any conduct which may amount to the commission of a disciplinary offence by a Chief Officer or any subordinate officer or other person employed in the prisons, and the Commissioner considers that it is contrary to the public interest for the officer or person to continue to exercise the powers and functions of his office, the Commissioner may interdict him from duty but the officer or person shall be entitled, until such time as he is charged with a disciplinary offence, to the full amount of the emoluments which he would have received if he had not been interdicted.
(3) An officer or person interdicted under subsection (1), and an officer interdicted under subsection (2) who is charged with a disciplinary offence, shall receive such proportion of the emoluments of his office, not being less than one-half, as the Commissioner may direct.
(4) If the proceedings against such officer or person do not result in any punishment of the officer or person, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted.
(5) If a punishment other than dismissal is inflicted the officer or person may be paid such proportion of the emoluments withheld as a result of his interdiction as the Commissioner may direct.
(Added 35 of 1977 s. 4) | 1,356 |
### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》
6. Establishment of Mandatory Provident Fund Schemes Authority
(1) There is established by this section a corporation with the corporate name of “Mandatory Provident Fund Schemes Authority”.
(2) The Authority—
(a) has perpetual succession; and
(b) may take legal proceedings and be proceeded against in its corporate name; and
(c) may, for the purpose of enabling it to exercise or perform its functions—
(i) acquire, hold and dispose of real and personal property; and
(ii) enter into and carry out, any agreement with the Government for the management and control by the Authority of any property held, or managed and controlled, by the Government; and
(iii) enter into and carry out, any agreement with the Government for the employment by, or the secondment to, the Authority of any specified public officers or specified class of public officers; and
(iv) enter into, carry out, assign or accept the assignment of, vary or rescind, any contract, agreement or other obligation; and
(v) receive and expend monies; and (Added 16 of 2020 s. 4)
(ca) may, for the purpose of enabling a specified entity to perform any of its functions under section 6EA—
(i) receive monies from or on behalf of a specified entity; and
(ii) provide monies to, or hold or expend monies for, the entity; and (Added 40 of 2021 s. 4)
(d) may do, and be subject to, all other things that bodies corporate may do and be subject to and that are necessary for, or are incidental to, the exercise of its functions.
(3) The Authority is required to have a seal.
(4) The receipts of the Authority, and those of its wholly owned subsidiaries, are not subject to taxation under the Inland Revenue Ordinance (Cap. 112). (Added 40 of 2021 s. 4)
(Replaced 4 of 1998 s. 2)
### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》
6A. Membership of Authority
(1) The Authority is to consist of not fewer than 10 directors appointed by the Chief Executive.
(2) Of the directors—
(a) not fewer than 4 are to be executive directors; and
(b) the remainder are to be non-executive directors.
(3) Of the non-executive directors—
(a) at least 1 but no more than 2 are to be persons who, in the opinion of the Chief Executive, represent the interests of participating employers; and
(b) at least 1 but no more than 2 are to be persons who, in the opinion of the Chief Executive, represent the interests of relevant employees.
(4) In appointing the directors, the Chief Executive must ensure that—
(a) a majority of the directors are non-executive directors; and
(b) the number of persons appointed to represent the interests of relevant employees is equal to the number of persons appointed to represent the interests of participating employers.
(5) A director must exercise a reasonable degree of care and diligence so as to ensure that the Authority exercises and performs its functions properly.
(6) The Authority may exercise or perform any of its functions despite a vacancy in its membership.
(7) Schedule 1A has effect with respect to the directors and procedure of the Authority.
(Added 4 of 1998 s. 2)
6B. Managing Director of Authority
(1) The Chief Executive is to appoint one of the executive directors as the Managing Director of the Authority.
(2) The Managing Director—
(a) is the administrative head of the Authority and is responsible, subject to the direction of the Authority, for administering the affairs of the Authority; and
(b) has, subject to that direction, such other responsibilities as may be assigned by the Authority.
(Added 4 of 1998 s. 2)
6C. Chairperson and deputy chairperson of the Authority
(1) The Chief Executive is to appoint one of the non-executive directors to be the chairperson of the Authority.
(2) The Chief Executive may appoint one of the directors to be the deputy chairperson of the Authority. (Replaced 40 of 2021 s. 5)
(3) A person holding office as chairperson or deputy chairperson of the Authority ceases to hold that office on ceasing to be a director of the Authority. (Amended 40 of 2021 s. 5)
(Added 4 of 1998 s. 2)
### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》
6D. Authority may establish committees
(1) The Authority may establish committees to give advice and assistance to the Authority in connection with any matter with which the Authority is concerned.
(2) The Authority may appoint any person to be a member of a committee. A member of a committee is not required to be a director of the Authority.
(3) The Authority may, at any time, remove such a member from office by notice in writing given to the member. A member of a committee may, at any time, resign from membership of the committee by giving notice in writing to the Authority.
(4) The procedure for convening meetings of a committee and for the conduct of business at those meetings is to be as determined by the Authority or (subject to any determination of the Authority) by the committee.
(5) In exercising its functions, a committee is required to comply with any direction given by the Authority.
(Added 4 of 1998 s. 2)
6DA. Authority may establish wholly owned subsidiary
The Authority may, with the approval of the Financial Secretary, establish a wholly owned subsidiary for any of the following purposes— (Amended 40 of 2021 s. 6)
(a) facilitating the performance of the Authority’s functions;
(b) administering and operating an electronic system, and providing scheme administration services for approved trustees, for the purposes of Part 3B.
(Added 16 of 2020 s. 5. Amended 40 of 2021 s. 6) | 1,356 |
### Fisheries Protection Ordinance 《漁業保護條例》
21. Registration of former trawlers or their replacements
(1) An application under this section for registration under section 14—
(a) may only be made by the owner of a local fishing vessel in respect of which there is a valid operating licence; and
(b) must be accompanied by a certificate of eligibility for registration.
(2) An application under this section must be made in accordance with such terms and time limit (if any) as may be specified in the certificate of eligibility for registration.
(3) The Director must not register a vessel on application under subsection (1) unless the Director is satisfied that trawling with the use or aid of the vessel in respect of which the application is made is unlikely. (Amended 22 of 2020 s. 7)
(4) In this section—
certificate of eligibility for registration (合資格登記證明書) means a certificate of eligibility for registration issued by the Director in relation to a trawler—
(a) in respect of which there was a valid operating licence on 15 June 2012; and (Amended 22 of 2020 s. 7)
(b) affected by the trawl ban introduced by the Fisheries Protection (Specification of Apparatus) (Amendment) Notice 2011 (L.N. 45 of 2011).
21A. Registration of former trawlers with no valid operating licence on 15 June 2012 or their replacements—certificate of eligibility
(1) This section applies if there was, on 15 June 2012, a trawler in respect of which there was no valid operating licence (original vessel
### Fisheries Protection Ordinance 《漁業保護條例》
22. Grounds for cancellation of registration and return of certificate
(1) The Director must cancel the registration of a registered vessel if the Director—
(a) is satisfied that—
(i) the vessel is dispatched permanently from Hong Kong;
(ii) the vessel is lost or destroyed;
(iii) the operating licence of the vessel is cancelled;
(iv) the vessel ceases to be a vessel designed and equipped to be used primarily for fishing; or
(b) receives a written notice to cancel the registration from the certificate holder.
(2) The Director may cancel the registration of a registered vessel if the Director is satisfied that the registration was made as a result of a false representation of any fact made by the applicant or an unlawful act of the applicant.
(3) The certificate holder in relation to a registered vessel must notify the Director by notice in writing within 14 days after the occurrence of any event set out in subsection (1)(a)(i), (ii), (iii) and (iv) and at the same time deliver to the Director the certificate of registration issued in respect of the vessel.
(4) A person who without reasonable excuse contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 3.
23. Notice to be sent and representations
(1) If the Director intends to cancel a registration by reason of section 22(1)(a) or (2), the Director must send a notice to the certificate holder.
(2) A notice sent under subsection (1) must state—
(a) the fact that the Director intends to cancel the registration;
(b) the reasons for the intended cancellation; and
(c) that the certificate holder may make written representations to the Director within 21 days from the date of the notice.
24. Cancellation of registration
(1) If, having considered any representations referred to in section 23(2)(c), the Director decides to cancel a registration, the Director must send a notice of cancellation to the certificate holder.
(2) If no appeal is lodged under section 33, the certificate holder must, within 21 days from the date of sending of a notice under subsection (1), return the certificate of registration to the Director.
(3) A person who without reasonable excuse fails to comply with subsection (2) commits an offence and is liable on conviction to a fine at level 3.
(4) Subject to Part 8, the Director’s decision under subsection (1) takes effect 21 days after the notice is sent under that subsection.
### Fisheries Protection Ordinance 《漁業保護條例》
25. Issue and renewal of research fishing permit
(1) The Director may on application issue a research fishing permit to any person for fishing with the use or aid of a local fishing vessel within the waters of Hong Kong for the purpose of scientific research, environmental monitoring or related purposes.
(2) A research fishing permit must contain the following information—
(a) the name of the permit holder;
(b) the certificate of ownership number of the vessel in respect of which the permit is issued;
(c) the engine power of the vessel;
(d) the maximum number of ancillary vessels it may have;
(e) the expiry date of the permit, which must not be later than the expiry of a period of 3 years after the date of issue or renewal;
(f) any conditions imposed under subsection (3);
(g) any other vessel particulars or other information as the Director thinks fit.
(3) The Director may impose such conditions in a research fishing permit as the Director thinks fit, including a condition that fishing with the use or aid of the vessel in respect of which the permit is issued or renewed is limited to such—
(a) areas;
(b) periods or dates; or
(c) fishing methods and fishing gear,
as may be specified in the permit.
(4) The Director may on application renew a research fishing permit.
(5) An application for renewal of a research fishing permit must be made to the Director not later than 1 month before the expiry date of the permit.
(6) An application under this section made by a person who is not the owner of the vessel must be accompanied by a written consent of the owner of the vessel.
(7) If the Director has not renewed a research fishing permit on an application for renewal under subsection (4) on the expiry date of the permit, the permit is to, unless sooner cancelled under this Ordinance, continue in force according to its conditions until the permit holder is notified either that the permit is renewed or that the Director has refused to renew it, as the case may be.
| 1,356 |
### Companies Ordinance 《公司條例》
471. Place where copy of permitted indemnity provision must be kept
(1) This section has effect if a permitted indemnity provision is made for a director of a company, and applies—
(a) to that company (whether the provision is made by that company or an associated company of that company); and
(b) if the provision is made by an associated company, to that associated company.
(2) A company to which this section applies must keep the following at its registered office or at a place prescribed by regulations made under section 657—
(a) a copy of the permitted indemnity provision;
(b) if the provision is not in writing, a written memorandum setting out the terms of the provision.
(3) The company—
(a) must retain the copy or memorandum for at least one year after the date of termination or expiry of the provision; and
(b) must keep the copy or memorandum available for inspection during that time.
(4) If the copy or memorandum is kept at a place other than the company’s registered office, the company must notify the Registrar of the place, or any change in the place, at which the copy or memorandum is kept. The notice must be in the specified form and delivered to the Registrar for registration within 15 days after the copy or memorandum is first kept at that place or within 15 days after the change (as the case may be).
(5) 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 3.
(6) If a company contravenes subsection (4), the company, and every responsible person of the company, commit an offence, and each is liable to a fine at level 3 and, in the case of a continuing offence, to a further fine of $300 for each day during which the offence continues.
(7) In this section, a reference to a permitted indemnity provision includes a variation of the provision.
472. Right of member to inspect and request copy
(1) A member of a company is entitled, on request made in the prescribed manner and without charge, to inspect, in accordance with regulations made under section 657, a copy of a permitted indemnity provision or a written memorandum kept by the company under section 471.
(2) A member of the company is entitled, on request and on payment of a prescribed fee, to be provided with a copy of the provision or memorandum in accordance with regulations made under section 657.
(3) In this section—
prescribed (訂明) means prescribed by regulations made under section 657.
(4) In this section, a reference to a permitted indemnity provision includes a variation of the provision.
### Companies Ordinance 《公司條例》
473. Ratification of conduct by director involving negligence, etc.
(1) This section applies to the ratification by a company of conduct by a director involving negligence, default, breach of duty or breach of trust in relation to the company.
(2) A decision of the company to ratify the conduct may only be made by resolution of the members of the company.
(3) If such a resolution is proposed at a meeting, every vote in favour of the resolution by a member who—
(a) is a director in respect of whose conduct the ratification is sought;
(b) is an entity connected with that director; or
(c) holds any shares in the company in trust for that director or entity,
is to be disregarded.
(4) Subsection (3) does not prevent a member specified in that subsection from attending, being counted towards the quorum for, or taking part in the proceedings at, any meeting at which the decision is considered.
(5) For the purposes of this section—
(a) conduct (行為) includes acts and omissions;
(b) director (董事) includes a former director;
(c) a shadow director is to be regarded as a director; and
(d) a reference to an entity connected with a director has the meaning given by section 486.
(6) Nothing in this section affects—
(a) the validity of a decision taken by unanimous consent of the members of the company; or
(b) any power of the directors to agree not to sue, or to settle or release a claim made by them on behalf of the company.
(7) This section does not affect—
(a) any other Ordinance or rule of law imposing additional requirements for valid ratification; or
(b) any rule of law as to acts that are incapable of being ratified by the company.
### Companies Ordinance 《公司條例》
474. Company required to have company secretary
(1) A company must have a company secretary.
(2) With effect from the date of incorporation of a company, the first company secretary of the company is the person named as the company secretary in the incorporation form delivered to the Registrar under section 67(1).
(3) If the name of a firm is specified in the incorporation form under section 5(1)(c) of Schedule 2, all partners of the firm as at the date of the incorporation form are the first joint company secretaries of the company.
(4) A company secretary of a company must—
(a) if a natural person, ordinarily reside in Hong Kong; and
(b) if a body corporate, have its registered office or a place of business in Hong Kong.
(5) Anything required or authorized to be done by or to the company secretary may be done—
(a) if the office is vacant or there is for any other reason no company secretary capable of acting, by or to any assistant or deputy company secretary; or
(b) if there is no assistant or deputy company secretary capable of acting, by or to any officer of the company authorized generally or specially in that behalf by the directors.
475. Circumstances under which director may not be company secretary
(1) Subject to subsections (2) and (3), a director of a company may be a company secretary of the company.
(2) The director of a private company having only one director must not also be a company secretary of the company.
(3) No private company having only one director may have as company secretary of the company a body corporate the sole director of which is the sole director of the private company.
| 1,357 |
### Registration of Persons Regulations 《人事登記規例》
11. Duty to carry and produce identity card
(1) The Chief Executive in Council may, by order published in the Gazette, require that every person, or every person of such class or such description as may be specified in the order, shall carry his identity card when in such area or place, on such occasion, for such purpose or in such circumstance as may be specified in the order. (L.N. 176 of 1979; 71 of 1999 s. 3)
(2) During the currency of an order made under subregulation (1) any person or member of a class of persons authorized for the purpose by the Commissioner of Police, any police officer or member of the Immigration Service, in uniform or on production of his authority if required, may require any person to whom the order relates to produce his identity card on demand for inspection. (L.N. 176 of 1979)
(2A) Any person who is required by an order made under this regulation to carry his identity card and who is required under this regulation to produce his identity card on demand and fails to do so commits an offence and is liable to a fine at level 2 and to imprisonment for 1 year. (L.N. 176 of 1979; L.N. 301 of 1980; L.N. 25 of 1996)
(3) For the purposes of identification any police officer or person or persons so authorized may, during the currency of an order made under subregulation (1), at any time take 2 fingerprints and written signature (if such person is able to write) of any person who he believes to be of 11 years of age or over and any person whose fingerprint and written signature are required under this regulation shall submit to all such steps as may be reasonably necessary for the taking thereof. (L.N. 158 of 1973; 9 of 2003 s. 12)
### Registration of Persons Regulations 《人事登記規例》
11A. Power to verify identity by fingerprint match
(1) If—
(a) a person produces his identity card to a police officer or a member of the Immigration Service in compliance with a requirement made under any Ordinance; and
(b) the officer or member has reason to believe that the identity card is not issued under the Ordinance to the person,
the officer or member may, by using a portable identity card reader—
(c) view the information specified in Schedule 1 reproduced from the data stored in the chip embodied in the identity card;
(d) scan the person’s thumb-print or other fingerprint; and
(e) match the same with the template referred to in paragraph 1 of Schedule 1 and stored in the chip embodied in an identity card.
(2) Any person who, without reasonable excuse, refuses to allow a police officer or a member of the Immigration Service to view any information or scan any fingerprint under subregulation (1) shall be guilty of an offence and shall be liable to a fine at level 2.
(9 of 2003 s. 13)
11B. Approval of portable identity card reader
The Commissioner may by notice published in the Gazette approve types of instruments as portable identity card reader for the purpose of regulation 11A.
(9 of 2003 s. 13)
### Registration of Persons Regulations 《人事登記規例》
13. Duty to notify loss, etc., of identity card
(1) If an identity card has been lost, destroyed, damaged or defaced, the person to whom it relates shall—
(a) so report to a registration officer within 14 days of such loss, destruction, damage or defacement or, if he is outside Hong Kong at the time of such loss, destruction, damage or defacement, within 14 days of his return to Hong Kong; (L.N. 382 of 1989)
(b) in the case of such damage or defacement, surrender that damaged or defaced card to the registration officer within that period; and
(c) apply for a replacement identity card in such manner as the registration officer may require. (L.N. 178 of 1987)
(2) A registration officer may— (L.N. 178 of 1987)
(a) after production of such evidence, under oath or otherwise as he may require; and
(aa) (Repealed L.N. 178 of 1987) (b) after such investigation as he may consider necessary; and
(ba) (Repealed L.N. 178 of 1987)
(c) upon such conditions as he may impose; and
(d) upon payment to him of the appropriate fee (if any) prescribed in Schedule 2, (G.N.A. 55 of 1961)
issue to that person a replacement identity card in the place of the one lost, destroyed, damaged or defaced. (L.N. 204 of 1979; L.N. 178 of 1987)
(3) If a registration officer is satisfied, on an application under subregulation (1) by any person, that that person enjoys the right of abode in Hong Kong the registration officer shall issue to the applicant a permanent identity card. (L.N. 178 of 1987)
(4) It shall be lawful for a registration officer to destroy any damaged or defaced identity card surrendered to him under subregulation (1). (L.N. 178 of 1987)
13A. Furnishing false particulars of loss etc. of identity card
Any person who makes any statement or declaration or furnishes any particulars or evidence to a registration officer alleging that an identity card has been lost, destroyed, damaged or defaced knowing that such statement, declaration or particulars or evidence is false in any material particular commits an offence and is liable to a fine at level 5 and to imprisonment for 2 years.
(L.N. 86 of 1983; L.N. 25 of 1996) | 1,358 |
### Merchant Shipping (Safety) Ordinance 《商船(安全)條例》
93. Collision regulations
(1) The Secretary may make regulations for the prevention of collisions at sea. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)
(2) The collision regulations may—
(a) regulate—
(i) the lights and shapes to be carried and exhibited;
(ii) the sound signals to be carried and used; and
(iii) the steering and sailing rules to be observed,
by all ships registered in Hong Kong, wherever they may be; and
(b) provide for the prevention of collisions at sea—
(i) between seaplanes on the surface of the water; and
(ii) between ships and seaplanes on the surface of the water.
(3) In this section ship (船、船舶) includes a junk and a trawler to which Part XII of the Merchant Shipping Ordinance (Cap. 281) applies. (Added 56 of 1990 s. 8)
### Merchant Shipping (Safety) Ordinance 《商船(安全)條例》
94. Passenger ship construction regulations
(1) The Secretary may make regulations prescribing the requirements with which the hull, equipment and machinery of and fuel used in passenger ships registered in Hong Kong shall comply. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)
(2) Without prejudice to the generality of the powers conferred on the Secretary under subsection (1), the passenger ship construction regulations— (Amended L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)
(a) may require the provision in such ships—
(i) of plans exhibited as provided by or under the regulations, and of other information, relating to the boundaries of watertight compartments, the openings therein, the means of closing such openings and the arrangements for correcting any list due to flooding; and
(ii) of information necessary for the guidance of the master in maintaining sufficient stability to enable the ship to withstand damage; and
(b) shall include such requirements as appear to the Secretary to be necessary to implement the provisions of the Convention prescribing the requirements which the hull, equipment and machinery of passenger ships shall comply with, except so far as those provisions are implemented by any other regulations made under this Ordinance. (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)
(3) This section shall not operate to prejudice the generality of any power under any other enactment to prescribe the requirements with which passenger ships shall comply. (Replaced 20 of 1996 s. 2)
(4) If the passenger ship construction regulations are contravened in any respect in relation to a ship the owner or master of the ship commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)
### Merchant Shipping (Safety) Ordinance 《商船(安全)條例》
95. Regulations in respect of openings in passenger ships’ hulls and watertight bulkheads
(1) The Secretary may make regulations in respect of passenger ships registered in Hong Kong for all or any of the following matters— (Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38)
(a) for closing and keeping closed the openings in hulls and watertight bulkheads;
(b) for securing, keeping in place and inspecting contrivances for closing such openings;
(c) for operating the mechanisms or contrivances for closing any such openings and for drills in connexion with the operation thereof; and
(d) for requiring entry to be made in the official log-book or other record of passenger ships of any of such matters.
(2) If any regulation made under this section is contravened by any person the master of the passenger ship involved in the contravention commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)
96. Cargo ship construction and survey regulations
(1) The Secretary may make regulations prescribing the requirements for the hull, equipment and machinery of and the fuel used in ships to which section 11 applies and requiring any such ships which are registered in Hong Kong to be surveyed to such extent, in such manner and at such intervals as may be prescribed by the regulations.
(2) The cargo ship construction and survey regulations shall include such requirements as appear to the Secretary to be necessary to implement the provisions of the Convention relating to the hull, equipment and machinery of such ships, except as far as those provisions are implemented by any other regulations made under this Ordinance.
(3) The cargo ship construction and survey regulations may—
(a) provide that—
(i) the contravention of any provision thereof shall be an offence; and
(ii) the owner, master or such other person as the regulations shall specify shall be guilty of the offence; and
(b) prescribe for such offence a penalty of a fine not exceeding level 4 or imprisonment for 2 years or both such fine and such imprisonment. (Replaced 56 of 1990 s. 9. Amended E.R. 5 of 2021)
(Amended 20 of 1996 s. 9; L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 38) | 1,358 |
### Legal Practitioners Ordinance 《法律執業者條例》
35. Complaint about barrister’s conduct
(1) Where the Bar Council considers that the conduct of a barrister should be inquired into as a result of a complaint being made to it or otherwise, the Bar Council shall submit the matter to the Tribunal Convenor of the Barristers Disciplinary Tribunal Panel.
(2) Where a complaint is made to the Bar Council and the Bar Council does not submit a matter to the Tribunal Convenor under subsection (1) within 6 months after receiving the complaint the Chief Judge may, on application by any person or on his own initiative, submit the matter to the Tribunal Convenor if he considers that the Bar Council ought to have done so. (Amended 23 of 2002 s. 107)
(3) A matter submitted to the Tribunal Convenor must include or be accompanied by particulars of the conduct that is to be inquired into and by particulars of any associated allegations of misconduct. (Added 94 of 1997 s. 9)
(Replaced 61 of 1992 s. 19)
35A. Barristers Disciplinary Tribunal
(1) On receiving a submission under section 35, the Tribunal Convenor of the Barristers Disciplinary Tribunal Panel is required to appoint from the Panel—
(a) a Senior Counsel; and
(b) a barrister who is not a Senior Counsel; and
(c) a lay person.
(2) The persons so appointed constitute a Barristers Disciplinary Tribunal to inquire into the conduct of the barrister concerned.
(3) When constituting a Barristers Disciplinary Tribunal, the Tribunal Convenor is also required to appoint one of its members as chairman of the Tribunal.
(4) A Barristers Disciplinary Tribunal may be constituted by the chairman and by one other member designated by the chairman for the purposes only of—
(a) giving directions or making orders for the conduct of an inquiry under section 36; and
(b) announcing the findings of the Tribunal with respect to the inquiry.
(5) A member of a Barristers Disciplinary Tribunal who becomes a member of the Bar Council ceases to be a member of the Tribunal.
(Replaced 94 of 1997 s. 10)
35B. Sittings of Barristers Disciplinary Tribunal
(1) A Barristers Disciplinary Tribunal is required to sit at such places and at such times as the chairman of the Tribunal directs.
(2) A Barristers Disciplinary Tribunal is required to hold its proceedings in camera, except when the barrister whose conduct is being inquired into requests that the proceedings be open to the public.
(Added 94 of 1997 s. 11)
### Legal Practitioners Ordinance 《法律執業者條例》
37. Disciplinary powers of Barristers Disciplinary Tribunal
On completion of its inquiry, the Barristers Disciplinary Tribunal may do one or more of the following—
(a) censure the barrister;
(b) suspend the barrister from practising for a period it specifies;
(c) order that the barrister’s name be struck off the roll of barristers;
(d) order the barrister to pay to the complainant an amount not exceeding the amount or amounts paid or payable to the barrister in relation to the complainant’s matters in dispute;
(e) order the barrister to pay a penalty not exceeding $500,000, which shall be paid into the general revenue;
(f) order the barrister to pay the costs of and incidental to the proceedings of the Tribunal and the costs of any prior inquiry or investigation in relation to the matters before the Tribunal, to be taxed by a Master of the High Court on a full indemnity basis, or an amount that the Tribunal considers to be a reasonable contribution towards those costs; (Amended 25 of 1998 s. 2)
(g) make any other order it thinks fit.
(Replaced 61 of 1992 s. 21)
### Legal Practitioners Ordinance 《法律執業者條例》
37A. Findings of a Barristers Disciplinary Tribunal
(1) An order made by a Barristers Disciplinary Tribunal shall include a statement of its findings in relation to the facts of the case and shall be signed by the chairman or by a member authorized by the Tribunal.
(2) A signed copy of an order of a Tribunal shall be filed with the Registrar who shall enter a note of the order on the roll of barristers against the name of the barrister and, where the order so directs, the Registrar shall strike off the name and shall publish an order for suspension or striking off in the Gazette within 14 days after receiving a copy of the order.
(3) The Tribunal that heard the matter or a Tribunal constituted for the purpose by the Tribunal Convenor may, on the application of a party against whom an order for payment is made, order that payment may be paid by instalments or be deferred for a period the Tribunal considers appropriate.
(4) An application for an order for payment by instalments, or for the deferring of payment, may be made at the hearing or, within 14 days after the date of the order for payment, by notice in writing to the Tribunal Convenor and to all parties who were represented at the Tribunal hearing.
(5) On receipt of a notice under subsection (4), the Tribunal Convenor shall, within 14 days, notify the applicant and the other parties of the date on which the application will be heard by a Tribunal.
(6) There is no right of appeal from the decision of the Tribunal on an application under subsection (4).
(7) Payment of an amount ordered to be paid by the Tribunal may be enforced as if it were an order issued out of the Court on the production of a copy of the order signed by the chairman or other authorized member of the Tribunal and the rules of the Court, so far as applicable, apply to the order.
(8) No order under subsection (7) shall be enforced until after the 14 days referred to in subsection (4) has elapsed or until after the Tribunal has made its decision under subsection (3).
(Added 61 of 1992 s. 21) | 1,360 |
### Public Finance Ordinance 《公共財政條例》
32. Power to surcharge
(1) If, at any time, it appears to the Financial Secretary that any person who is or was employed as a public officer—
(a) has failed to collect any moneys owing to the Government for the collection of which he is or was at the time of such employment responsible;
(b) is or was at the time of such employment responsible for any improper payment of public moneys or for any payment of public moneys which is not duly vouched;
(c) has improperly incurred expenditure at the time of such employment;
(d) is or was at the time of such employment responsible for any deficiency in or loss or destruction of or damage to any public moneys, stamps, securities, stores or other Government property; or
(e) is or was at the time of such employment responsible for any loss or destruction of or damage to any property as a result of which the Government is liable for the cost of replacement or repair or for the payment of compensation,
and, if, within a period specified by the Financial Secretary, an explanation satisfactory to him is not furnished with regard to such failure to collect, improper payment, payment not duly vouched, expenditure improperly incurred, deficiency, loss, destruction or damage, as the case may be, the Financial Secretary may, without prejudice to the provisions of any other enactment relating to the surcharge (however called) of a public officer, but subject to subsections (2) and (3), surcharge the person such sum as he may determine.
(2) Notwithstanding anything in subsection (1), the Financial Secretary shall not surcharge a person under subsection (1) unless he is satisfied, in all the circumstances of the case including, without limiting the generality of the foregoing, the nature of any disciplinary proceedings which may have been or may be taken against such person, that it is fair and reasonable to do so.
(3) In determining the sum to be surcharged under subsection (1)—
(a) the Financial Secretary shall take due account of the ability of the person surcharged to pay the surcharge without undue financial hardship; and
(b) the sum of the surcharge shall not in any case exceed the amount of the moneys not collected, or of the improper payment, or payment not duly vouched, or of the expenditure improperly incurred or of the deficiency, or the value of the loss, destruction or damage, or the cost of replacement, repair or compensation, as the case may be.
33. Notification of surcharge and right of appeal
The Financial Secretary shall cause the person surcharged, the head of his Department, the Director of Accounting Services and the Director of Audit to be notified in writing of the surcharge made under section 32 and shall at the same time cause the person surcharged to be notified in writing of his right to appeal under section 34.
### Public Finance Ordinance 《公共財政條例》
34. Appeal against surcharge
(1) Any person aggrieved by any surcharge made against him under section 32 shall have the right to appeal to the Chief Executive within a period of 30 days (or such longer period as the Chief Executive after consultation with the Financial Secretary may allow) after the date on which he is notified of the surcharge.
(2) The Chief Executive in his discretion, after making or causing to be made such investigation as he may deem to be necessary, may confirm the surcharge or direct that the person surcharged be released wholly or in part from the surcharge as may appear to him to be fair and reasonable.
(Amended 68 of 1999 s. 3)
35. Withdrawal of surcharge
The Financial Secretary may at any time withdraw any surcharge in respect of which a satisfactory explanation is received or if it otherwise appears to him that no surcharge should have been made and in any such event the Financial Secretary shall notify in writing the person concerned, the head of his Department, the Director of Accounting Services and the Director of Audit of such withdrawal.
### Public Finance Ordinance 《公共財政條例》
36. Collection of surcharge
(1) Subject to subsections (2) and (3) the Director of Accounting Services on being notified of a surcharge made under section 32, shall cause the amount of the surcharge to be collected from the person surcharged in accordance with such directions as the Financial Secretary may give.
(2) Notwithstanding the provisions of any other enactment, where moneys of any description including salary, wages, pension or other emoluments, are payable or may become payable by the Government to the person surcharged, the Financial Secretary may require the amount of any surcharge imposed on that person to be deducted from such moneys in whole or in part as he considers fair and reasonable.
(3) Notwithstanding anything in subsections (1) and (2)—
(a) the total amount of any deduction from the monthly salary, wages or pension of the person surcharged in any month shall not exceed one half of the gross amount of the salary, wages or pension payable for that month;
(b) no collection of a surcharge shall be made until after the expiration of the period allowed by section 34 for the lodging of an appeal; and
(c) where the person surcharged appeals under section 34, no collection of the surcharge shall be made until and unless the amount of the surcharge has been confirmed or otherwise determined in accordance with the provisions of that section.
(4) Nothing in this section shall affect the right of the Government, which is hereby declared, to—
(a) sue the person surcharged for the recovery of the amount of any surcharge as a civil debt due to the Government; or
(b) sue any person for the recovery of any amount as a civil debt notwithstanding that a person may be subject to a surcharge in respect of part or all of that amount.
37. Surcharge in respect of deceased persons
(1) Where a person referred to in section 32 dies at any time before or after he is surcharged under that section, the Financial Secretary may surcharge the personal representative of such person and the provisions of this Part shall thereupon apply to the personal representative as respects the estate of the deceased person as they would have applied to the deceased person if he were alive.
(2) For the purposes of this section personal representative (遺產代理人) means the executor or administrator for the time being of a deceased person.
| 1,361 |
### Patents Ordinance 《專利條例》
83. Right to continue use begun before priority date
(1) A person has the rights specified in subsection (2) if the person, in Hong Kong and before the material date of a patent—
(a) does in good faith an act that would constitute an infringement of the patent if the patent were in force; or
(b) makes in good faith effective and serious preparations to do such an act. (Replaced 17 of 2016 s. 75)
(2) The rights referred to in subsection (1) are—
(a) the right to continue to do or, as the case may be, to do the act referred to in subsection (1);
(b) if such act was done or preparations had been made to do it in the course of a business—
(i) in the case of an individual—
(A) the right to assign the right to do it or to transmit such right on death; or
(B) the right to authorize the doing of that act by any of his partners for the time being in the business in the course of which the act was done or preparations had been made to do it;
(ii) in the case of a body corporate, the right to assign the right to do it or to transmit such right on the body’s dissolution,
and the doing of that act by virtue of this subsection shall not amount to an infringement of the patent concerned.
(3) The rights specified in subsection (2) shall not include the right to grant a licence to any person to do an act referred to in subsection (1).
(4) Where a patented product is disposed of to another in exercise of a right conferred by subsection (2), that other and any person claiming through him may deal with the product in the same way as if it had been disposed of by a registered proprietor of the patent.
[cf. 1992 No. 1 s. 55 Eire]
### Patents Ordinance 《專利條例》
84. Certificate of contested validity of patent
(1) If in any proceedings before the court the validity of a patent to any extent is contested and that patent is found by the court to be wholly or partially valid, the court may certify the finding and the fact that the validity of the patent was so contested.
(2) Where a certificate is granted under this section, then if, in any subsequent proceedings before the court for infringement of the patent concerned or for revocation of the patent, a final order or judgment is made or given in favour of the party relying on the validity of the patent that party shall, unless the court otherwise directs, be entitled to his costs on the indemnity basis within the meaning of that term as appearing in Order 62 rule 28 of the Rules of the High Court (Cap. 4 sub. leg. A) (other than the costs of any appeal in the subsequent proceedings). (Amended 25 of 1998 s. 2; E.R. 4 of 2020)
[cf. 1977 c. 37 s. 65 U.K.]
85. Proceedings for infringement by a co-owner
(1) In the application of section 73 to a patent of which there are 2 or more joint proprietors the reference to the proprietor shall be construed—
(a) in relation to any act, as a reference to that proprietor or those proprietors who, by virtue of section 54 or any agreement referred to in that section, is or are entitled to do that act without its amounting to an infringement; and
(b) in relation to any consent, as a reference to that proprietor or those proprietors who, by virtue of section 54 or any such agreement, is or are the proper person or persons to give the requisite consent.
(2) One of 2 or more joint proprietors of a patent may without the concurrence of the others bring proceedings in respect of an act alleged to infringe the patent, but shall not do so unless the others are made parties to the proceedings, but any of the others made a defendant in pursuance of this subsection shall not be liable for any costs or expenses unless he enters an appearance and takes part in the proceedings.
[cf. 1977 c. 37 s. 66 U.K.]
### Patents Ordinance 《專利條例》
86. Proceedings for infringement by exclusive licensee
(1) Subject to this section, the holder of an exclusive licence under a patent shall have the same right as the proprietor of the patent to bring proceedings in respect of any infringement of the patent committed after the date of the licence; and references to the proprietor of the patent in the provisions of this Ordinance relating to infringement shall be construed accordingly.
(2) In awarding damages or granting any other relief in any such proceedings the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such as a result of the infringement, or, as the case may be, the profits derived from the infringement, so far as it constitutes an infringement of the rights of the exclusive licensee as such.
(3) In any proceedings taken by an exclusive licensee by virtue of this section the proprietor of the patent shall be made a party to the proceedings, but if made a defendant in pursuance of this subsection shall not be liable for costs or expenses unless he enters an appearance and takes part in the proceedings.
[cf. 1977 c. 37 s. 67 U.K.]
87. Effect of non-registration on infringement proceedings
Where a person becomes the proprietor or one of the proprietors or an exclusive licensee of a patent by virtue of a transaction, instrument or event to which section 52 applies, then unless—
(a) an application for registration of the prescribed particulars of the transaction, instrument or event is made before the end of the period of 6 months beginning with its date; or
(b) the court is satisfied that it was not practicable for such an application to be made before the end of that period and that an application was made as soon as practicable thereafter,
he is not entitled to damages or an account of profits in respect of any infringement of the patent occurring after the date of the transaction, instrument or event and before the prescribed particulars of the transaction, instrument or event are registered.
[cf. 1977 c. 37 s. 68 U.K.] | 1,362 |
### Trade Unions Ordinance 《職工會條例》
21. Branches and various undertakings of trade unions to be reported to the Registrar
(1) Notification of—
(a) every branch of a registered trade union;
(b) every business or charitable, cultural, educational or medical undertaking which is operated by or in the name of a trade union; and
(c) any change in the address of such branch, or business or charitable, cultural, educational or medical undertaking,
shall be made to the Registrar in writing, together with such particulars as the Registrar may require, by the trade union within 14 days after the establishment of or change of address of such branch, or business or charitable, cultural, educational or medical undertaking. (Replaced 15 of 1971 s. 13)
(2) If a branch of a registered trade union or such a business or charitable, cultural, educational or medical undertaking as is mentioned in subsection (1) ceases after notification to the Registrar, to exist or to be operated by or in the name of a registered trade union, the trade union shall report the fact to the Registrar in writing within 30 days thereafter.
(3) A registered trade union that contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1. (Amended E.R. 3 of 2020)
22. Notification of officers, etc.
(1) A notice giving the names (including any alias) of all officers and their titles shall be prominently exhibited in the registered office of every registered trade union and in every office of any branch of a registered trade union.
(2) Notice of every change of officers or of the title of any officer of a registered trade union shall, within 14 days thereof, be sent by the trade union to the Registrar.
(3) The Registrar may require a registered trade union to furnish, in respect of any officer specified in any notice given under subsection (2), such particulars as he may consider necessary, and such trade union shall furnish such particulars within 14 days of the date of such request.
(4) A registered trade union that contravenes subsection (2) or fails to furnish, within the period specified therein, any particulars which the Registrar may have required under subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1. (Amended E.R. 3 of 2020)
### Trade Unions Ordinance 《職工會條例》
23. Change of name
(1) A registered trade union may agree to change its name by secret ballot of a majority of its voting members present at a general meeting or of a majority of members’ representatives present at a general meeting where the rules of the trade union allow voting by members’ representatives. (Amended 102 of 1997 s. 3)
(2) Where a registered trade union has so agreed to change its name, application for the registration of the change of name shall be made to the Registrar within 14 days thereof.
(3) If—
(a) the proposed name is identical with that under which any other trade union, whether existing or not, is or has been registered or so nearly resembles such name as to be likely to deceive the public or the members of such trade union or of any other trade union; or
(b) the provisions of this Ordinance in respect of change of name have not been complied with,
the Registrar shall refuse to register the change of name.
(4) Save as provided in subsection (3), the Registrar shall register the change of name.
(5) Any person who considers that the Registrar was wrong in refusing to register a change of the name of any registered trade union in that, as the case may be—
(a) the proposed name was not such a name as is specified in subsection (3)(a);
(b) the provisions of this Ordinance in respect of change of name had been complied with,
may, within 14 days after the refusal of the Registrar to register the change of name, appeal to the Court of First Instance, which may, if it finds that the refusal of the Registrar to register the change of name was wrong as aforesaid, so declare and thereupon the Registrar shall register the change of name, but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of 1971 s. 14; 25 of 1998 s. 2)
(6) No change of name of a registered trade union shall—
(a) take effect until the same has been registered under this section;
(b) affect any right or obligation of the trade union or any member thereof.
(7) Where, in respect of any registered trade union that has changed its name, any proceeding or cause of action was pending or existed at the time of the change of name, the same may be continued or enforced by or against the trade union as it might have been continued or enforced by or against the trade union if the change of name had not taken place.
(8) A registered trade union which fails to comply with subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1. (Added 15 of 1971 s. 14. Amended E.R. 3 of 2020)
### Trade Unions Ordinance 《職工會條例》
24. Consent of Registrar required to amalgamation of trade unions
Save with the consent of the Registrar, no registered trade unions shall amalgamate as one trade union.
25. Application for consent to amalgamation
(1) Where 2 or more registered trade unions desire to amalgamate as one trade union, an application shall be made to the Registrar for his consent to the amalgamation.
(2) Every application under subsection (1) shall be made in the prescribed form and shall be signed by the chairman and one other officer of each trade union and shall be accompanied by 3 copies of the proposed rules of the trade union to be formed by the intended amalgamation.
26. Vote on application for consent to amalgamation
No application under section 25 for the consent of the Registrar to the amalgamation of any registered trade unions shall be made unless, in the case of each trade union, a majority of the executive thereof has voted in favour of the making of the application.
| 1,362 |
Subsets and Splits