LLAW6259 Chap.5 How an Ordinance Is Made and Laid Out
How an Ordinance Is Made and Laid Out
Seven stages, and only two of them produce a text you can read
Legislation here is called an Ordinance; the equivalent in the United Kingdom is an Act of Parliament, so an answer about Hong Kong law that talks about an Act has drifted into an English textbook.
A measure moves through drafting, usually preceded by consultation, then publication of the Bill, a first reading, a second reading, a third reading, signature by the Chief Executive and commencement.
Two of those stages put a text into the public record: the Bill appears in Legal Supplement No. 3 of the Gazette, and the Ordinance in Legal Supplement No. 1. Subsidiary legislation goes into Legal Supplement No. 2. Knowing those three numbers turns a general search into a targeted one.
The three readings are not three debates
At the first reading the short title is read out at a sitting of the Legislative Council, a date for the second reading is fixed, and there is no debate at all.
The second reading carries the work: a government official or member introduces the Bill and explains its purpose, it is referred to the House Committee or a Bills Committee and considered in detail, it returns for a resumed debate on the merits and a vote, and it is then committed to a committee of the whole Council where amendments are considered before it is reported back.
The third reading is a motion that the Bill do pass, and a vote. Signature makes it an Ordinance; commencement is separate again, either on publication or on a later date notified in the Gazette or in the Ordinance itself.
A signed Ordinance is not necessarily in force.
Fourteen elements on the page, and the five that answer questions
An Ordinance breaks into number, long title, short title, citation, date of coming into force, Parts, sections, interpretation section, references to United Kingdom legislation, schedules, application, relationship to other legislation, amendments to other legislation, and amendments to the Ordinance itself.
Five carry most of the working weight. The long title states the purpose, which is the raw material for a purposive argument. The interpretation section says what a word means in this Ordinance, which usually settles a dispute that looked substantive. The application provision says which facts the Ordinance reaches. The saving provision says what it leaves standing.
The schedules carry scope limits and guidelines that are as operative as any section.
Citation is governed by statute, and amendment notes are a research instrument
Where an Ordinance is referred to it is sufficient to cite it by its title, short title or citation, by its number among the Ordinances of the year in which it was enacted, or by any chapter number lawfully given to it.
For the Control of Exemption Clauses Ordinance that yields three correct forms: the full name, its number among the Ordinances of 1989, and Cap. 71. Consolidated texts also carry a note beside every amended provision recording which enactment changed it and when.
Those notes tell you whether the version in front of you is current and let you find the amending Ordinance, and they are a warning: a case decided on pre-amendment wording may be construing words that no longer exist.
What this chapter covers
- 01
Ordinance, statute and Act, and which word to use here
- 02
Subsidiary legislation, and how much of it there is
- 03
The seven stages from drafting to commencement
- 04
Why signature and commencement are different events
- 05
The three Gazette supplements and what goes in each
- 06
Fourteen elements of an Ordinance, in document order
- 07
The five elements that decide whether an Ordinance reaches your facts
- 08
Statutory rules on citation, and what amendment annotations tell you
Run the structural checks before arguing the merits
- 2Check commencement, and state the effect on a contract made before it.
- 3Read the application provision and resolve its two limbs on these dates.
- 2Check the saving provision and the schedule limiting scope.
- 1Say at what point the reasonableness test becomes relevant.
Key terms
- Long Title
- The opening statement of what an Ordinance is for, printed before Part I. It is the standard starting point for an argument about purpose.
- Short Title
- The name by which an Ordinance may be cited, stated in a section near the start, usually section 1.
- Interpretation Section
- The section defining words for the purposes of that Ordinance. A definition there displaces ordinary usage completely.
- Application Provision
- The section stating which facts and which period the Ordinance reaches, typically excluding transactions entered into before commencement.
- Saving Provision
- A section preserving the effect of other legislation or of particular contractual provisions, so that the Ordinance does not displace them.
- Schedule
- A numbered annex carrying scope limits, guidelines or lists. It is as operative as any section and is headed with the sections that enable it.
- Commencement
- The date on which an Ordinance takes effect, which may be later than the date it was signed and is notified in the Gazette or in the Ordinance.
- Legal Notice
- A numbered instrument published in the Gazette, commonly used to bring an Ordinance into operation on a stated date.
- Bills Committee
- A committee set up to consider a Bill in detail during the second reading stage, alongside or instead of the House Committee.
- Amendment Annotation
- The note printed beside an amended provision recording which enactment changed it and when, which is how you tell whether a text is current.
How an Ordinance Is Made and Laid Out FAQ
Is an Ordinance in force as soon as it is signed?
No. Signature by the Chief Executive turns the Bill into an Ordinance and requires promulgation, but commencement is a separate question. An Ordinance takes effect either on publication or on a later date notified in the Gazette or stated in the Ordinance itself.
Treating signature and commencement as the same event is how a candidate applies a provision to facts that predate it, which is an error the application provision of the Ordinance itself will usually expose.
Why do I have to read the schedules?
Because a schedule can remove a section from your facts entirely. Scope schedules state which contracts particular sections do and do not apply to, and guideline schedules supply the matters a court must have regard to when applying a test in the body of the Ordinance.
A section read without its schedule is a section read incompletely, and the schedule is headed with the sections that enable it so you can see at a glance which provisions it governs.
How many ways may I cite an Ordinance?
Three, and the rule is statutory rather than stylistic. It is sufficient to cite an Ordinance by its title, short title or citation, by its number among the Ordinances of the year in which it was enacted, or by any chapter number lawfully given to it. So the full name, the year-and-number form and the chapter number are all correct, and a marker cannot fault a citation the legislation itself permits.
Assessment move
Open the Ordinance your Contract course relies on and, without reading the substantive sections, find its long title, its interpretation section, its application provision and its schedules. Write the four page numbers down. Doing that once converts the layout from something you read about into something you navigate.
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