【 标 题 】第1章 释义及通则条例
Cap 1 INTERPRETATION AND GENERAL CLAUSES ORDINANCE
 

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Cap 1 Long title


To consolidate and amend the law relating to the construction, application and interpretation of laws, to make general provisions with regard thereto, to define terms and expressions used in laws and public documents, to make general provision with regard to public officers, public contracts and civil and criminal proceedings and for purposes and for matters incidental thereto or connected therewith.

[31 December 1966] L.N. 88 of 1966

(Originally 31 of 1966)

Cap 1 Part I SHORT TITLE AND APPLICATION

Cap 1 s 1 Short title


This Ordinance may be cited as the Interpretation and General Clauses Ordinance.

Cap 1 s 2 Application

Remarks:

Adaptation amendments retroactively made - see 26 of 1998 s. 2

(1) Save where the contrary intention appears either from this Ordinance or from the context of any other Ordinance or instrument, the provisions of this Ordinance shall apply to this Ordinance and to any other Ordinance in force, whether such other Ordinance came or comes into operation before or after the commencement of this Ordinance, and to any instrument made or issued under or by virtue of any such Ordinance.
(1A) The inclusion of the substance of a provision of this Ordinance in another Ordinance does not imply the exclusion of the application of any other provision of this Ordinance to the other Ordinance. (Added 89 of 1993 s. 2)
(2) This Ordinance shall be binding on the State. (Replaced 26 of 1998 s. 2)
______________________________________________________________________________
Note:
Please also see s. 1(3) of 26 of 1998, which is subject to article 12 of the Hong Kong Bill of Rights set out in Part II of Cap 383. That s. 1(3) reads as follows-"(3) Save where the contrary intention appears either from the amended Ordinance or from the context of any other Ordinance or instrument, the provisions of the amended Ordinance shall apply to the amended Ordinance and to any other Ordinance in force, whether such other Ordinance came or comes into operation before, on or after 1 July 1997, and to any instrument made or issued under or by virtue of any such Ordinance.".(Please note that "amended Ordinance" referred to in the above s. 1(3) means Cap 1 as amended by 26 of 1998.)

Cap 1 s 2 Application

Remarks:

Adaptation amendments retroactively made - see 26 of 1998 s. 2

(1) Save where the contrary intention appears either from this Ordinance or from the context of any other Ordinance or instrument, the provisions of this Ordinance shall apply to this Ordinance and to any other Ordinance in force, whether such other Ordinance came or comes into operation before or after the commencement of this Ordinance, and to any instrument made or issued under or by virtue of any such Ordinance.
(1A) The inclusion of the substance of a provision of this Ordinance in another Ordinance does not imply the exclusion of the application of any other provision of this Ordinance to the other Ordinance. (Added 89 of 1993 s. 2)
(2) This Ordinance shall be binding on the State. (Replaced 26 of 1998 s. 2)
______________________________________________________________________________
Note:
Please also see s. 1(3) of 26 of 1998, which is subject to article 12 of the Hong Kong Bill of Rights set out in Part II of Cap 383. That s. 1(3) reads as follows-"(3) Save where the contrary intention appears either from the amended Ordinance or from the context of any other Ordinance or instrument, the provisions of the amended Ordinance shall apply to the amended Ordinance and to any other Ordinance in force, whether such other Ordinance came or comes into operation before, on or after 1 July 1997, and to any instrument made or issued under or by virtue of any such Ordinance.".(Please note that "amended Ordinance" referred to in the above s. 1(3) means Cap 1 as amended by 26 of 1998.)

Cap 1 s 2A Laws previously in force

Remarks:

Adaptation amendments retroactively made - see 26 of 1998 s. 3

(1) All laws previously in force shall be construed with such modifications, adaptations, limitations and exceptions as may be necessary so as not to contravene the Basic Law and to bring them into conformity with the status of Hong Kong as a Special Administrative Region of the People"s Republic of China.
(2) Without prejudice to the generality of subsection (1), in any Ordinance-(a) provisions relating to foreign affairs in respect of the Hong Kong Special Administrative Region which are inconsistent with any national law applied in the Hong Kong Special Administrative Region shall be construed subject to that national law and shall be so construed as to be consistent with the international rights and obligations of the Central People"s Government of the People"s Republic of China;
(b) provisions conferring privileges on the United Kingdom or other Commonwealth countries or territories, other than provisions giving effect to reciprocal arrangements between Hong Kong and the United Kingdom or other Commonwealth countries or territories shall have no further effect;
(c) provisions relating to the rights, exemptions and obligations of military forces stationed in Hong Kong by the United Kingdom shall, subject to the provisions of the Basic Law and the Garrison Law of the Hong Kong Special Administrative Region of the People"s Republic of China, continue to have effect and apply to the military forces stationed in the Hong Kong Special Administrative Region by the Central People"s Government of the People"s Republic of China;
(d) provisions relating to the superior legal status of the English language as compared with the Chinese language shall be construed as providing that both the English and Chinese languages are to be official languages; and
(e) provisions applying any English law may continue to be applicable by reference thereto as a transitional arrangement pending their amendment by the Hong Kong Special Administrative Region through the Legislature thereof, provided that they are not prejudicial to the sovereignty of the People"s Republic of China and do not contravene the provisions of the Basic Law.(3) In all laws previously in force words and expressions listed in Schedule 8 shall be construed according to that Schedule.
(4) In this section-
"laws previously in force" (原有法律) means the common law, rules of equity, Ordinances, subsidiary legislation and customary law in force immediately before 1 July 1997 and adopted as laws of the Hong Kong Special Administrative Region.

(Added 110 of 1997 s. 5. Amended 26 of 1998 s. 3)

Cap 1 Part II INTERPRETATION OF WORDS AND EXPRESSIONS

Cap 1 s 3 Interpretation of words and expressions

"act" (作为), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上诉委员会) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飞机、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修订) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政长官) means-(a) the Chief Executive of the Hong Kong Special Administrative Region;
(b) a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law; (Added 26 of 1998 s. 4)"Chief Executive in Council" (行政长官会同行政会议) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (终审法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政务司司长) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中国) means the People"s Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中国公民) mean a person who has Chinese nationality under the Nationality Law of the People"s Republic of China in Schedule 4 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); (Added 26 of 1998 s. 4)
"Clerk to the Executive Council" (行政会议秘书) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法会秘书) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial" (交付审判), when used in relation to a person, means-(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4)"common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (领事) and "consular officer" (领事馆官员) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (违反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律师) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上诉法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (终审法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原讼法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4)
"department" (部门), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4)
"District Council" (区议会) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89)
"District Court" (区域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"District Judge" (区域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4)
"document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法则) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政会议) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (输出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (财政司司长) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (财政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外国) mean a country or state other than the People"s Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外币) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (宪报) means-(a) the Government of the Hong Kong Special Administrative Region Gazette and any supplement thereto;
(b) the Gazette published by the Administration on or between 12 October 1945 and 1 May 1946;
(c) the Government of the Hong Kong Special Administrative Region Gazette Extraordinary;
(d) the Hong Kong Government Gazette and any supplement thereto published before 1 July 1997;
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4)"general holiday" and "public holiday" (公众假期、公众假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5)
"general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government" (特区政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-(a) an instrument whereby-(i) the term of the lease has been extended; or
(ii) the provisions of the lease have been varied;(b) an agreement for such a lease; and
(c) a Crown lease; (Added 26 of 1998 s. 4)"Government Printer" (政府印务局) means-(a) the Government Logistics Department of the Hong Kong Special Administrative Region and any other printer authorized by or on behalf of the Chief Executive to print any Ordinance or any other document of the Government; (Amended L.N. 164 of 2003)
(b) in relation to any Ordinance or any other document printed before 1 July 1997, the Government Printer within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4)"harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998 s. 4)
"health officer" (卫生主任) means-(a) the Director, Deputy Director and Assistant Director of Health;
(b) any person appointed as a health officer by the Chief Executive; and
(c) any person for the time being performing the duties of a health officer under any Ordinance; (Added 26 of 1998 s. 4)"High Court" (高等法院) means the High Court of the Hong Kong Special Administrative Region established by section 3 of the High Court Ordinance (Cap 4); (Added 26 of 1998 s. 4)
"HKSAR" (特区) means the Hong Kong Special Administrative Region of the People"s Republic of China; (Added 26 of 1998 s. 4)
"Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特别行政区永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特别行政区) means the Hong Kong Special Administrative Region of the People"s Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不动产) means-(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land;"import" (输入、进口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32 of 1990 s. 6)
"instrument" (文书) includes any publication in the Gazette having legal effect;
"Joint Declaration" (联合声明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (终审法院法官) means the Chief Justice, a permanent judge and a non-permanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平绅士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龙) means the area specified in Schedule 4;
"Lands Tribunal" (土地审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17); (Added 62 of 1974 s. 16)
"law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4)
"Legislative Council" (立法会) means-(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4)"magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10)
"master" (船长), when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (医生), "registered medical practitioner" (注册医生) and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the Medical Registration Ordinance (Cap 161);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People"s Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (动产) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港实施的全国性法律) means a national law applied in Hong Kong pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4)
"New Kowloon" (新九龙) means the area specified in Schedule 5;
"New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4)
"oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (占用) includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;
"offence" (罪、罪行、罪项、犯法行为) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People"s Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特别行政区设立的机构) means-(a) the Liaison Office of the Central People"s Government in the Hong Kong Special Administrative Region;
(b) the Office of the Commissioner of the Ministry of Foreign Affairs of the People"s Republic of China in the Hong Kong Special Administrative Region; and
(c) the Hong Kong Garrison of the Chinese People"s Liberation Army; (Added 2 of 2009 s. 2)"official languages" (法定语文) means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be; (Added 18 of 1987 s. 2)
"order paper" (议事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4)
"Ordinance" (条例) means-(a) any Ordinance enacted by the Legislative Council;
(b) any Ordinance adopted by virtue of Article 160 of the Basic Law as a law of the Hong Kong Special Administrative Region;
(c) any subsidiary legislation made under any such Ordinance except any such subsidiary legislation which has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; and
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4)"People"s Republic of China" (中华人民共和国) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;
"person" (人、人士、个人、人物、人选) includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
"pier" (码头) includes every quay, wharf or jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警务人员) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (权、权力) includes any privilege, authority and discretion;
"prescribed" (订明) and "provided" (订定), when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;
"prison" (狱、监狱) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;
"property" (财产) includes-(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;"Provisional Legislative Council" (临时立法会) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公众、公众人士) includes any class of the public;
"publication" (刊物) means-(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b) and (c) of this definition;"public body" (公共机构) includes-(a) the Executive Council;
(b) the Legislative Council;
(c) (Repealed 78 of 1999 s. 7)
(ca) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(cb) (Repealed 78 of 1999 s. 7)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;"public office" (公职) means any office or employment the holding or discharging of which by a person would constitute that person a public officer;
"public officer" (公职人员) means any person holding an office of emolument under the Government, whether such office be permanent or temporary; (Added 26 of 1998 s. 4)
"public place" (公众地方、公众场所) means-(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;"public seal" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public servant" (公务员、公务人员) has the same meaning as public officer; (Added 26 of 1998 s. 4)
"registered" (登记、注册), when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;
"Registrar of the High Court" (高等法院司法常务官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (规例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (废除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院规则), when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
"Secretary for Justice" (律政司司长) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (卖、售卖、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳湾口岸港方口岸区) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律师) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of 1998 s. 4)
"State" ("国家") includes only-(a) the President of the People"s Republic of China;
(b) the Central People"s Government;
(c) the Government of the Hong Kong Special Administrative Region;
(d) the Central Authorities of the People"s Republic of China that exercise functions for which the Central People"s Government has responsibility under the Basic Law;
(e) subordinate organs of the Central People"s Government that-(i) on its behalf, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; and
(f) subordinate organs of the Central Authorities of the People"s Republic of China referred to in paragraph (d), that-(i) on behalf of those Central Authorities, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; (Added 26 of 1998 s. 4)"statutory declaration" (法定声明), if made-(a) in Hong Kong, means a declaration under the repealed Statutory Declarations Ordinance or the Oaths and Declarations Ordinance (Cap 11);
(b) in any other common law jurisdiction, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in the jurisdiction to take or receive a declaration;
(c) in the mainland of the People"s Republic of China, means a declaration made before a notary pursuant to his notarial functions;
(d) in any other place, means a declaration made before a consul of the People"s Republic of China or a person having authority under a statute for the time being in force in the place to take or receive a declaration; (Added 26 of 1998 s. 4)"street" (街、街道) means-(a) any highway, street, road, bridge, thorough-fare, parade, square, court, alley, lane, bridle-way, footway, passage or tunnel; and
(b) any open place, whether or not situate on land the subject of a Government lease, used or frequented by the public or to which the public have or are permitted to have access; (Added 26 of 1998 s. 4)"subsidiary legislation" and "subordinate legislation" (附属法例、附属法规、附属立法) mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect; (Added 26 of 1998 s. 4)
"summary conviction" (简易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (条约) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循简易程序审讯) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船只) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15)
"words" (字、文字、语言文字) includes figures and symbols;
"writing" (书写) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;
"year" (年) means a year according to the Gregorian calendar;
"years of age" (岁、年岁、年龄) and words of like meaning, when used in reference to the age of any person, means years of age calculated from the date of birth. (Added 26 of 1998 s. 4)

(Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
_____________________________________________________________________________
Note:
* See also s. 6 of 32 of 1990.

Cap 1 s 3 Interpretation of words and expressions

"act" (作为), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上诉委员会) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飞机、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修订) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政长官) means-(a) the Chief Executive of the Hong Kong Special Administrative Region;
(b) a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law; (Added 26 of 1998 s. 4)"Chief Executive in Council" (行政长官会同行政会议) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (终审法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政务司司长) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中国) means the People"s Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中国公民) mean a person who has Chinese nationality under the Nationality Law of the People"s Republic of China in Schedule 4 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); (Added 26 of 1998 s. 4)
"Clerk to the Executive Council" (行政会议秘书) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法会秘书) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial" (交付审判), when used in relation to a person, means-(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4)"common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (领事) and "consular officer" (领事馆官员) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (违反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律师) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上诉法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (终审法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原讼法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4)
"department" (部门), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4)
"District Council" (区议会) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89)
"District Court" (区域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"District Judge" (区域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4)
"document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法则) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政会议) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (输出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (财政司司长) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (财政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外国) mean a country or state other than the People"s Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外币) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (宪报) means-(a) the Government of the Hong Kong Special Administrative Region Gazette and any supplement thereto;
(b) the Gazette published by the Administration on or between 12 October 1945 and 1 May 1946;
(c) the Government of the Hong Kong Special Administrative Region Gazette Extraordinary;
(d) the Hong Kong Government Gazette and any supplement thereto published before 1 July 1997;
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4)"general holiday" and "public holiday" (公众假期、公众假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5)
"general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government" (特区政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-(a) an instrument whereby-(i) the term of the lease has been extended; or
(ii) the provisions of the lease have been varied;(b) an agreement for such a lease; and
(c) a Crown lease; (Added 26 of 1998 s. 4)"Government Printer" (政府印务局) means-(a) the Government Logistics Department of the Hong Kong Special Administrative Region and any other printer authorized by or on behalf of the Chief Executive to print any Ordinance or any other document of the Government; (Amended L.N. 164 of 2003)
(b) in relation to any Ordinance or any other document printed before 1 July 1997, the Government Printer within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4)"harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998 s. 4)
"health officer" (卫生主任) means-(a) the Director, Deputy Director and Assistant Director of Health;
(b) any person appointed as a health officer by the Chief Executive; and
(c) any person for the time being performing the duties of a health officer under any Ordinance; (Added 26 of 1998 s. 4)"High Court" (高等法院) means the High Court of the Hong Kong Special Administrative Region established by section 3 of the High Court Ordinance (Cap 4); (Added 26 of 1998 s. 4)
"HKSAR" (特区) means the Hong Kong Special Administrative Region of the People"s Republic of China; (Added 26 of 1998 s. 4)
"Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特别行政区永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特别行政区) means the Hong Kong Special Administrative Region of the People"s Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不动产) means-(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land;"import" (输入、进口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32 of 1990 s. 6)
"instrument" (文书) includes any publication in the Gazette having legal effect;
"Joint Declaration" (联合声明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (终审法院法官) means the Chief Justice, a permanent judge and a non-permanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平绅士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龙) means the area specified in Schedule 4;
"Lands Tribunal" (土地审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17); (Added 62 of 1974 s. 16)
"law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4)
"Legislative Council" (立法会) means-(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4)"magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10)
"master" (船长), when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (医生), "registered medical practitioner" (注册医生) and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the Medical Registration Ordinance (Cap 161);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People"s Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (动产) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港实施的全国性法律) means a national law applied in Hong Kong pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4)
"New Kowloon" (新九龙) means the area specified in Schedule 5;
"New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4)
"oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (占用) includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;
"offence" (罪、罪行、罪项、犯法行为) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People"s Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特别行政区设立的机构) means-(a) the Liaison Office of the Central People"s Government in the Hong Kong Special Administrative Region;
(b) the Office of the Commissioner of the Ministry of Foreign Affairs of the People"s Republic of China in the Hong Kong Special Administrative Region; and
(c) the Hong Kong Garrison of the Chinese People"s Liberation Army; (Added 2 of 2009 s. 2)"official languages" (法定语文) means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be; (Added 18 of 1987 s. 2)
"order paper" (议事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4)
"Ordinance" (条例) means-(a) any Ordinance enacted by the Legislative Council;
(b) any Ordinance adopted by virtue of Article 160 of the Basic Law as a law of the Hong Kong Special Administrative Region;
(c) any subsidiary legislation made under any such Ordinance except any such subsidiary legislation which has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; and
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4)"People"s Republic of China" (中华人民共和国) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;
"person" (人、人士、个人、人物、人选) includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
"pier" (码头) includes every quay, wharf or jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警务人员) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (权、权力) includes any privilege, authority and discretion;
"prescribed" (订明) and "provided" (订定), when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;
"prison" (狱、监狱) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;
"property" (财产) includes-(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;"Provisional Legislative Council" (临时立法会) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公众、公众人士) includes any class of the public;
"publication" (刊物) means-(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b) and (c) of this definition;"public body" (公共机构) includes-(a) the Executive Council;
(b) the Legislative Council;
(c) (Repealed 78 of 1999 s. 7)
(ca) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(cb) (Repealed 78 of 1999 s. 7)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;"public office" (公职) means any office or employment the holding or discharging of which by a person would constitute that person a public officer;
"public officer" (公职人员) means any person holding an office of emolument under the Government, whether such office be permanent or temporary; (Added 26 of 1998 s. 4)
"public place" (公众地方、公众场所) means-(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;"public seal" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public servant" (公务员、公务人员) has the same meaning as public officer; (Added 26 of 1998 s. 4)
"registered" (登记、注册), when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;
"Registrar of the High Court" (高等法院司法常务官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (规例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (废除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院规则), when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
"Secretary for Justice" (律政司司长) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (卖、售卖、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳湾口岸港方口岸区) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律师) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of 1998 s. 4)
"State" ("国家") includes only-(a) the President of the People"s Republic of China;
(b) the Central People"s Government;
(c) the Government of the Hong Kong Special Administrative Region;
(d) the Central Authorities of the People"s Republic of China that exercise functions for which the Central People"s Government has responsibility under the Basic Law;
(e) subordinate organs of the Central People"s Government that-(i) on its behalf, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; and
(f) subordinate organs of the Central Authorities of the People"s Republic of China referred to in paragraph (d), that-(i) on behalf of those Central Authorities, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; (Added 26 of 1998 s. 4)"statutory declaration" (法定声明), if made-(a) in Hong Kong, means a declaration under the repealed Statutory Declarations Ordinance or the Oaths and Declarations Ordinance (Cap 11);
(b) in any other common law jurisdiction, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in the jurisdiction to take or receive a declaration;
(c) in the mainland of the People"s Republic of China, means a declaration made before a notary pursuant to his notarial functions;
(d) in any other place, means a declaration made before a consul of the People"s Republic of China or a person having authority under a statute for the time being in force in the place to take or receive a declaration; (Added 26 of 1998 s. 4)"street" (街、街道) means-(a) any highway, street, road, bridge, thorough-fare, parade, square, court, alley, lane, bridle-way, footway, passage or tunnel; and
(b) any open place, whether or not situate on land the subject of a Government lease, used or frequented by the public or to which the public have or are permitted to have access; (Added 26 of 1998 s. 4)"subsidiary legislation" and "subordinate legislation" (附属法例、附属法规、附属立法) mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect; (Added 26 of 1998 s. 4)
"summary conviction" (简易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (条约) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循简易程序审讯) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船只) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15)
"words" (字、文字、语言文字) includes figures and symbols;
"writing" (书写) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;
"year" (年) means a year according to the Gregorian calendar;
"years of age" (岁、年岁、年龄) and words of like meaning, when used in reference to the age of any person, means years of age calculated from the date of birth. (Added 26 of 1998 s. 4)

(Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
_____________________________________________________________________________
Note:
* See also s. 6 of 32 of 1990.

Cap 1 s 3 Interpretation of words and expressions

"act" (作为), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上诉委员会) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飞机、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修订) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政长官) means-(a) the Chief Executive of the Hong Kong Special Administrative Region;
(b) a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law; (Added 26 of 1998 s. 4)"Chief Executive in Council" (行政长官会同行政会议) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (终审法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政务司司长) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中国) means the People"s Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中国公民) mean a person who has Chinese nationality under the Nationality Law of the People"s Republic of China in Schedule 4 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); (Added 26 of 1998 s. 4)
"Clerk to the Executive Council" (行政会议秘书) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法会秘书) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial" (交付审判), when used in relation to a person, means-(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4)"common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (领事) and "consular officer" (领事馆官员) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (违反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律师) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上诉法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (终审法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原讼法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4)
"department" (部门), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4)
"District Council" (区议会) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89)
"District Court" (区域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"District Judge" (区域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4)
"document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法则) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政会议) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (输出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (财政司司长) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (财政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外国) mean a country or state other than the People"s Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外币) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (宪报) means-(a) the Government of the Hong Kong Special Administrative Region Gazette and any supplement thereto;
(b) the Gazette published by the Administration on or between 12 October 1945 and 1 May 1946;
(c) the Government of the Hong Kong Special Administrative Region Gazette Extraordinary;
(d) the Hong Kong Government Gazette and any supplement thereto published before 1 July 1997;
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4)"general holiday" and "public holiday" (公众假期、公众假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5)
"general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government" (特区政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-(a) an instrument whereby-(i) the term of the lease has been extended; or
(ii) the provisions of the lease have been varied;(b) an agreement for such a lease; and
(c) a Crown lease; (Added 26 of 1998 s. 4)"Government Printer" (政府印务局) means-(a) the Government Logistics Department of the Hong Kong Special Administrative Region and any other printer authorized by or on behalf of the Chief Executive to print any Ordinance or any other document of the Government; (Amended L.N. 164 of 2003)
(b) in relation to any Ordinance or any other document printed before 1 July 1997, the Government Printer within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4)"harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998 s. 4)
"health officer" (卫生主任) means-(a) the Director, Deputy Director and Assistant Director of Health;
(b) any person appointed as a health officer by the Chief Executive; and
(c) any person for the time being performing the duties of a health officer under any Ordinance; (Added 26 of 1998 s. 4)"High Court" (高等法院) means the High Court of the Hong Kong Special Administrative Region established by section 3 of the High Court Ordinance (Cap 4); (Added 26 of 1998 s. 4)
"HKSAR" (特区) means the Hong Kong Special Administrative Region of the People"s Republic of China; (Added 26 of 1998 s. 4)
"Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特别行政区永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特别行政区) means the Hong Kong Special Administrative Region of the People"s Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不动产) means-(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land;"import" (输入、进口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32 of 1990 s. 6)
"instrument" (文书) includes any publication in the Gazette having legal effect;
"Joint Declaration" (联合声明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (终审法院法官) means the Chief Justice, a permanent judge and a non-permanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平绅士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龙) means the area specified in Schedule 4;
"Lands Tribunal" (土地审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17); (Added 62 of 1974 s. 16)
"law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4)
"Legislative Council" (立法会) means-(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4)"magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10)
"master" (船长), when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (医生), "registered medical practitioner" (注册医生) and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the Medical Registration Ordinance (Cap 161);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People"s Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (动产) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港实施的全国性法律) means a national law applied in Hong Kong pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4)
"New Kowloon" (新九龙) means the area specified in Schedule 5;
"New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4)
"oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (占用) includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;
"offence" (罪、罪行、罪项、犯法行为) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People"s Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特别行政区设立的机构) means-(a) the Liaison Office of the Central People"s Government in the Hong Kong Special Administrative Region;
(b) the Office of the Commissioner of the Ministry of Foreign Affairs of the People"s Republic of China in the Hong Kong Special Administrative Region; and
(c) the Hong Kong Garrison of the Chinese People"s Liberation Army; (Added 2 of 2009 s. 2)"official languages" (法定语文) means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be; (Added 18 of 1987 s. 2)
"order paper" (议事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4)
"Ordinance" (条例) means-(a) any Ordinance enacted by the Legislative Council;
(b) any Ordinance adopted by virtue of Article 160 of the Basic Law as a law of the Hong Kong Special Administrative Region;
(c) any subsidiary legislation made under any such Ordinance except any such subsidiary legislation which has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; and
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4)"People"s Republic of China" (中华人民共和国) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;
"person" (人、人士、个人、人物、人选) includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
"pier" (码头) includes every quay, wharf or jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警务人员) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (权、权力) includes any privilege, authority and discretion;
"prescribed" (订明) and "provided" (订定), when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;
"prison" (狱、监狱) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;
"property" (财产) includes-(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;"Provisional Legislative Council" (临时立法会) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公众、公众人士) includes any class of the public;
"publication" (刊物) means-(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b) and (c) of this definition;"public body" (公共机构) includes-(a) the Executive Council;
(b) the Legislative Council;
(c) (Repealed 78 of 1999 s. 7)
(ca) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(cb) (Repealed 78 of 1999 s. 7)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;"public office" (公职) means any office or employment the holding or discharging of which by a person would constitute that person a public officer;
"public officer" (公职人员) means any person holding an office of emolument under the Government, whether such office be permanent or temporary; (Added 26 of 1998 s. 4)
"public place" (公众地方、公众场所) means-(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;"public seal" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public servant" (公务员、公务人员) has the same meaning as public officer; (Added 26 of 1998 s. 4)
"registered" (登记、注册), when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;
"Registrar of the High Court" (高等法院司法常务官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (规例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (废除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院规则), when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
"Secretary for Justice" (律政司司长) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (卖、售卖、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳湾口岸港方口岸区) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律师) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of 1998 s. 4)
"State" ("国家") includes only-(a) the President of the People"s Republic of China;
(b) the Central People"s Government;
(c) the Government of the Hong Kong Special Administrative Region;
(d) the Central Authorities of the People"s Republic of China that exercise functions for which the Central People"s Government has responsibility under the Basic Law;
(e) subordinate organs of the Central People"s Government that-(i) on its behalf, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; and
(f) subordinate organs of the Central Authorities of the People"s Republic of China referred to in paragraph (d), that-(i) on behalf of those Central Authorities, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; (Added 26 of 1998 s. 4)"statutory declaration" (法定声明), if made-(a) in Hong Kong, means a declaration under the repealed Statutory Declarations Ordinance or the Oaths and Declarations Ordinance (Cap 11);
(b) in any other common law jurisdiction, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in the jurisdiction to take or receive a declaration;
(c) in the mainland of the People"s Republic of China, means a declaration made before a notary pursuant to his notarial functions;
(d) in any other place, means a declaration made before a consul of the People"s Republic of China or a person having authority under a statute for the time being in force in the place to take or receive a declaration; (Added 26 of 1998 s. 4)"street" (街、街道) means-(a) any highway, street, road, bridge, thorough-fare, parade, square, court, alley, lane, bridle-way, footway, passage or tunnel; and
(b) any open place, whether or not situate on land the subject of a Government lease, used or frequented by the public or to which the public have or are permitted to have access; (Added 26 of 1998 s. 4)"subsidiary legislation" and "subordinate legislation" (附属法例、附属法规、附属立法) mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect; (Added 26 of 1998 s. 4)
"summary conviction" (简易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (条约) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循简易程序审讯) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船只) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15)
"words" (字、文字、语言文字) includes figures and symbols;
"writing" (书写) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;
"year" (年) means a year according to the Gregorian calendar;
"years of age" (岁、年岁、年龄) and words of like meaning, when used in reference to the age of any person, means years of age calculated from the date of birth. (Added 26 of 1998 s. 4)

(Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
_____________________________________________________________________________
Note:
* See also s. 6 of 32 of 1990.

Cap 1 s 3 Interpretation of words and expressions

"act" (作为), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上诉委员会) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飞机、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修订) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政长官) means-(a) the Chief Executive of the Hong Kong Special Administrative Region;
(b) a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law; (Added 26 of 1998 s. 4)"Chief Executive in Council" (行政长官会同行政会议) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (终审法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政务司司长) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中国) means the People"s Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中国公民) mean a person who has Chinese nationality under the Nationality Law of the People"s Republic of China in Schedule 4 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); (Added 26 of 1998 s. 4)
"Clerk to the Executive Council" (行政会议秘书) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法会秘书) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial" (交付审判), when used in relation to a person, means-(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4)"common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (领事) and "consular officer" (领事馆官员) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (违反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律师) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上诉法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (终审法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原讼法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4)
"department" (部门), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4)
"District Council" (区议会) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89)
"District Court" (区域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"District Judge" (区域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4)
"document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法则) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政会议) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (输出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (财政司司长) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (财政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外国) mean a country or state other than the People"s Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外币) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (宪报) means-(a) the Government of the Hong Kong Special Administrative Region Gazette and any supplement thereto;
(b) the Gazette published by the Administration on or between 12 October 1945 and 1 May 1946;
(c) the Government of the Hong Kong Special Administrative Region Gazette Extraordinary;
(d) the Hong Kong Government Gazette and any supplement thereto published before 1 July 1997;
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4)"general holiday" and "public holiday" (公众假期、公众假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5)
"general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government" (特区政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-(a) an instrument whereby-(i) the term of the lease has been extended; or
(ii) the provisions of the lease have been varied;(b) an agreement for such a lease; and
(c) a Crown lease; (Added 26 of 1998 s. 4)"Government Printer" (政府印务局) means-(a) the Government Logistics Department of the Hong Kong Special Administrative Region and any other printer authorized by or on behalf of the Chief Executive to print any Ordinance or any other document of the Government; (Amended L.N. 164 of 2003)
(b) in relation to any Ordinance or any other document printed before 1 July 1997, the Government Printer within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4)"harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998 s. 4)
"health officer" (卫生主任) means-(a) the Director, Deputy Director and Assistant Director of Health;
(b) any person appointed as a health officer by the Chief Executive; and
(c) any person for the time being performing the duties of a health officer under any Ordinance; (Added 26 of 1998 s. 4)"High Court" (高等法院) means the High Court of the Hong Kong Special Administrative Region established by section 3 of the High Court Ordinance (Cap 4); (Added 26 of 1998 s. 4)
"HKSAR" (特区) means the Hong Kong Special Administrative Region of the People"s Republic of China; (Added 26 of 1998 s. 4)
"Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特别行政区永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特别行政区) means the Hong Kong Special Administrative Region of the People"s Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不动产) means-(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land;"import" (输入、进口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32 of 1990 s. 6)
"instrument" (文书) includes any publication in the Gazette having legal effect;
"Joint Declaration" (联合声明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (终审法院法官) means the Chief Justice, a permanent judge and a non-permanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平绅士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龙) means the area specified in Schedule 4;
"Lands Tribunal" (土地审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17); (Added 62 of 1974 s. 16)
"law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4)
"Legislative Council" (立法会) means-(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4)"magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10)
"master" (船长), when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (医生), "registered medical practitioner" (注册医生) and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the Medical Registration Ordinance (Cap 161);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People"s Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (动产) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港实施的全国性法律) means a national law applied in Hong Kong pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4)
"New Kowloon" (新九龙) means the area specified in Schedule 5;
"New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4)
"oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (占用) includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;
"offence" (罪、罪行、罪项、犯法行为) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People"s Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特别行政区设立的机构) means-(a) the Liaison Office of the Central People"s Government in the Hong Kong Special Administrative Region;
(b) the Office of the Commissioner of the Ministry of Foreign Affairs of the People"s Republic of China in the Hong Kong Special Administrative Region; and
(c) the Hong Kong Garrison of the Chinese People"s Liberation Army; (Added 2 of 2009 s. 2)"official languages" (法定语文) means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be; (Added 18 of 1987 s. 2)
"order paper" (议事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4)
"Ordinance" (条例) means-(a) any Ordinance enacted by the Legislative Council;
(b) any Ordinance adopted by virtue of Article 160 of the Basic Law as a law of the Hong Kong Special Administrative Region;
(c) any subsidiary legislation made under any such Ordinance except any such subsidiary legislation which has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; and
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4)"People"s Republic of China" (中华人民共和国) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;
"person" (人、人士、个人、人物、人选) includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
"pier" (码头) includes every quay, wharf or jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警务人员) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (权、权力) includes any privilege, authority and discretion;
"prescribed" (订明) and "provided" (订定), when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;
"prison" (狱、监狱) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;
"property" (财产) includes-(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;"Provisional Legislative Council" (临时立法会) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公众、公众人士) includes any class of the public;
"publication" (刊物) means-(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b) and (c) of this definition;"public body" (公共机构) includes-(a) the Executive Council;
(b) the Legislative Council;
(c) (Repealed 78 of 1999 s. 7)
(ca) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(cb) (Repealed 78 of 1999 s. 7)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;"public office" (公职) means any office or employment the holding or discharging of which by a person would constitute that person a public officer;
"public officer" (公职人员) means any person holding an office of emolument under the Government, whether such office be permanent or temporary; (Added 26 of 1998 s. 4)
"public place" (公众地方、公众场所) means-(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;"public seal" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public servant" (公务员、公务人员) has the same meaning as public officer; (Added 26 of 1998 s. 4)
"registered" (登记、注册), when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;
"Registrar of the High Court" (高等法院司法常务官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (规例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (废除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院规则), when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
"Secretary for Justice" (律政司司长) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (卖、售卖、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳湾口岸港方口岸区) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律师) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of 1998 s. 4)
"State" ("国家") includes only-(a) the President of the People"s Republic of China;
(b) the Central People"s Government;
(c) the Government of the Hong Kong Special Administrative Region;
(d) the Central Authorities of the People"s Republic of China that exercise functions for which the Central People"s Government has responsibility under the Basic Law;
(e) subordinate organs of the Central People"s Government that-(i) on its behalf, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; and
(f) subordinate organs of the Central Authorities of the People"s Republic of China referred to in paragraph (d), that-(i) on behalf of those Central Authorities, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; (Added 26 of 1998 s. 4)"statutory declaration" (法定声明), if made-(a) in Hong Kong, means a declaration under the repealed Statutory Declarations Ordinance or the Oaths and Declarations Ordinance (Cap 11);
(b) in any other common law jurisdiction, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in the jurisdiction to take or receive a declaration;
(c) in the mainland of the People"s Republic of China, means a declaration made before a notary pursuant to his notarial functions;
(d) in any other place, means a declaration made before a consul of the People"s Republic of China or a person having authority under a statute for the time being in force in the place to take or receive a declaration; (Added 26 of 1998 s. 4)"street" (街、街道) means-(a) any highway, street, road, bridge, thorough-fare, parade, square, court, alley, lane, bridle-way, footway, passage or tunnel; and
(b) any open place, whether or not situate on land the subject of a Government lease, used or frequented by the public or to which the public have or are permitted to have access; (Added 26 of 1998 s. 4)"subsidiary legislation" and "subordinate legislation" (附属法例、附属法规、附属立法) mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect; (Added 26 of 1998 s. 4)
"summary conviction" (简易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (条约) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循简易程序审讯) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船只) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15)
"words" (字、文字、语言文字) includes figures and symbols;
"writing" (书写) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;
"year" (年) means a year according to the Gregorian calendar;
"years of age" (岁、年岁、年龄) and words of like meaning, when used in reference to the age of any person, means years of age calculated from the date of birth. (Added 26 of 1998 s. 4)

(Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
_____________________________________________________________________________
Note:
* See also s. 6 of 32 of 1990.

Cap 1 s 3 Interpretation of words and expressions

"act" (作为), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上诉委员会) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飞机、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修订) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政长官) means-(a) the Chief Executive of the Hong Kong Special Administrative Region;
(b) a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law; (Added 26 of 1998 s. 4)"Chief Executive in Council" (行政长官会同行政会议) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (终审法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政务司司长) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中国) means the People"s Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中国公民) mean a person who has Chinese nationality under the Nationality Law of the People"s Republic of China in Schedule 4 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); (Added 26 of 1998 s. 4)
"Clerk to the Executive Council" (行政会议秘书) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法会秘书) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial" (交付审判), when used in relation to a person, means-(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4)"common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (领事) and "consular officer" (领事馆官员) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (违反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律师) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上诉法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (终审法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原讼法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4)
"department" (部门), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4)
"District Council" (区议会) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89)
"District Court" (区域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"District Judge" (区域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4)
"document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法则) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政会议) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (输出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (财政司司长) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (财政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外国) mean a country or state other than the People"s Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外币) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (宪报) means-(a) the Government of the Hong Kong Special Administrative Region Gazette and any supplement thereto;
(b) the Gazette published by the Administration on or between 12 October 1945 and 1 May 1946;
(c) the Government of the Hong Kong Special Administrative Region Gazette Extraordinary;
(d) the Hong Kong Government Gazette and any supplement thereto published before 1 July 1997;
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4)"general holiday" and "public holiday" (公众假期、公众假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5)
"general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government" (特区政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-(a) an instrument whereby-(i) the term of the lease has been extended; or
(ii) the provisions of the lease have been varied;(b) an agreement for such a lease; and
(c) a Crown lease; (Added 26 of 1998 s. 4)"Government Printer" (政府印务局) means-(a) the Government Logistics Department of the Hong Kong Special Administrative Region and any other printer authorized by or on behalf of the Chief Executive to print any Ordinance or any other document of the Government; (Amended L.N. 164 of 2003)
(b) in relation to any Ordinance or any other document printed before 1 July 1997, the Government Printer within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4)"harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998 s. 4)
"health officer" (卫生主任) means-(a) the Director, Deputy Director and Assistant Director of Health;
(b) any person appointed as a health officer by the Chief Executive; and
(c) any person for the time being performing the duties of a health officer under any Ordinance; (Added 26 of 1998 s. 4)"High Court" (高等法院) means the High Court of the Hong Kong Special Administrative Region established by section 3 of the High Court Ordinance (Cap 4); (Added 26 of 1998 s. 4)
"HKSAR" (特区) means the Hong Kong Special Administrative Region of the People"s Republic of China; (Added 26 of 1998 s. 4)
"Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特别行政区永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特别行政区) means the Hong Kong Special Administrative Region of the People"s Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不动产) means-(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land;"import" (输入、进口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32 of 1990 s. 6)
"instrument" (文书) includes any publication in the Gazette having legal effect;
"Joint Declaration" (联合声明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (终审法院法官) means the Chief Justice, a permanent judge and a non-permanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平绅士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龙) means the area specified in Schedule 4;
"Lands Tribunal" (土地审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17); (Added 62 of 1974 s. 16)
"law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4)
"Legislative Council" (立法会) means-(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4)"magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10)
"master" (船长), when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (医生), "registered medical practitioner" (注册医生) and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the Medical Registration Ordinance (Cap 161);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People"s Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (动产) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港实施的全国性法律) means a national law applied in Hong Kong pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4)
"New Kowloon" (新九龙) means the area specified in Schedule 5;
"New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4)
"oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (占用) includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;
"offence" (罪、罪行、罪项、犯法行为) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People"s Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特别行政区设立的机构) means-(a) the Liaison Office of the Central People"s Government in the Hong Kong Special Administrative Region;
(b) the Office of the Commissioner of the Ministry of Foreign Affairs of the People"s Republic of China in the Hong Kong Special Administrative Region; and
(c) the Hong Kong Garrison of the Chinese People"s Liberation Army; (Added 2 of 2009 s. 2)"official languages" (法定语文) means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be; (Added 18 of 1987 s. 2)
"order paper" (议事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4)
"Ordinance" (条例) means-(a) any Ordinance enacted by the Legislative Council;
(b) any Ordinance adopted by virtue of Article 160 of the Basic Law as a law of the Hong Kong Special Administrative Region;
(c) any subsidiary legislation made under any such Ordinance except any such subsidiary legislation which has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; and
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4)"People"s Republic of China" (中华人民共和国) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;
"person" (人、人士、个人、人物、人选) includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
"pier" (码头) includes every quay, wharf or jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警务人员) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (权、权力) includes any privilege, authority and discretion;
"prescribed" (订明) and "provided" (订定), when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;
"prison" (狱、监狱) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;
"property" (财产) includes-(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;"Provisional Legislative Council" (临时立法会) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公众、公众人士) includes any class of the public;
"publication" (刊物) means-(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b) and (c) of this definition;"public body" (公共机构) includes-(a) the Executive Council;
(b) the Legislative Council;
(c) (Repealed 78 of 1999 s. 7)
(ca) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(cb) (Repealed 78 of 1999 s. 7)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;"public office" (公职) means any office or employment the holding or discharging of which by a person would constitute that person a public officer;
"public officer" (公职人员) means any person holding an office of emolument under the Government, whether such office be permanent or temporary; (Added 26 of 1998 s. 4)
"public place" (公众地方、公众场所) means-(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;"public seal" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public servant" (公务员、公务人员) has the same meaning as public officer; (Added 26 of 1998 s. 4)
"registered" (登记、注册), when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;
"Registrar of the High Court" (高等法院司法常务官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (规例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (废除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院规则), when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
"Secretary for Justice" (律政司司长) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (卖、售卖、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳湾口岸港方口岸区) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律师) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of 1998 s. 4)
"State" ("国家") includes only-(a) the President of the People"s Republic of China;
(b) the Central People"s Government;
(c) the Government of the Hong Kong Special Administrative Region;
(d) the Central Authorities of the People"s Republic of China that exercise functions for which the Central People"s Government has responsibility under the Basic Law;
(e) subordinate organs of the Central People"s Government that-(i) on its behalf, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; and
(f) subordinate organs of the Central Authorities of the People"s Republic of China referred to in paragraph (d), that-(i) on behalf of those Central Authorities, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; (Added 26 of 1998 s. 4)"statutory declaration" (法定声明), if made-(a) in Hong Kong, means a declaration under the repealed Statutory Declarations Ordinance or the Oaths and Declarations Ordinance (Cap 11);
(b) in any other common law jurisdiction, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in the jurisdiction to take or receive a declaration;
(c) in the mainland of the People"s Republic of China, means a declaration made before a notary pursuant to his notarial functions;
(d) in any other place, means a declaration made before a consul of the People"s Republic of China or a person having authority under a statute for the time being in force in the place to take or receive a declaration; (Added 26 of 1998 s. 4)"street" (街、街道) means-(a) any highway, street, road, bridge, thorough-fare, parade, square, court, alley, lane, bridle-way, footway, passage or tunnel; and
(b) any open place, whether or not situate on land the subject of a Government lease, used or frequented by the public or to which the public have or are permitted to have access; (Added 26 of 1998 s. 4)"subsidiary legislation" and "subordinate legislation" (附属法例、附属法规、附属立法) mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect; (Added 26 of 1998 s. 4)
"summary conviction" (简易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (条约) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循简易程序审讯) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船只) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15)
"words" (字、文字、语言文字) includes figures and symbols;
"writing" (书写) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;
"year" (年) means a year according to the Gregorian calendar;
"years of age" (岁、年岁、年龄) and words of like meaning, when used in reference to the age of any person, means years of age calculated from the date of birth. (Added 26 of 1998 s. 4)

(Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
_____________________________________________________________________________
Note:
* See also s. 6 of 32 of 1990.

Cap 1 s 3 Interpretation of words and expressions

"act" (作为), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上诉委员会) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飞机、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修订) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政长官) means-(a) the Chief Executive of the Hong Kong Special Administrative Region;
(b) a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law; (Added 26 of 1998 s. 4)"Chief Executive in Council" (行政长官会同行政会议) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (终审法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政务司司长) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中国) means the People"s Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中国公民) mean a person who has Chinese nationality under the Nationality Law of the People"s Republic of China in Schedule 4 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); (Added 26 of 1998 s. 4)
"Clerk to the Executive Council" (行政会议秘书) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法会秘书) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial" (交付审判), when used in relation to a person, means-(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4)"common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (领事) and "consular officer" (领事馆官员) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (违反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律师) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上诉法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (终审法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原讼法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4)
"department" (部门), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4)
"District Council" (区议会) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89)
"District Court" (区域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"District Judge" (区域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4)
"document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法则) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政会议) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (输出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (财政司司长) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (财政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外国) mean a country or state other than the People"s Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外币) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (宪报) means-(a) the Government of the Hong Kong Special Administrative Region Gazette and any supplement thereto;
(b) the Gazette published by the Administration on or between 12 October 1945 and 1 May 1946;
(c) the Government of the Hong Kong Special Administrative Region Gazette Extraordinary;
(d) the Hong Kong Government Gazette and any supplement thereto published before 1 July 1997;
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4)"general holiday" and "public holiday" (公众假期、公众假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5)
"general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government" (特区政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-(a) an instrument whereby-(i) the term of the lease has been extended; or
(ii) the provisions of the lease have been varied;(b) an agreement for such a lease; and
(c) a Crown lease; (Added 26 of 1998 s. 4)"Government Printer" (政府印务局) means-(a) the Government Logistics Department of the Hong Kong Special Administrative Region and any other printer authorized by or on behalf of the Chief Executive to print any Ordinance or any other document of the Government; (Amended L.N. 164 of 2003)
(b) in relation to any Ordinance or any other document printed before 1 July 1997, the Government Printer within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4)"harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998 s. 4)
"health officer" (卫生主任) means-(a) the Director, Deputy Director and Assistant Director of Health;
(b) any person appointed as a health officer by the Chief Executive; and
(c) any person for the time being performing the duties of a health officer under any Ordinance; (Added 26 of 1998 s. 4)"High Court" (高等法院) means the High Court of the Hong Kong Special Administrative Region established by section 3 of the High Court Ordinance (Cap 4); (Added 26 of 1998 s. 4)
"HKSAR" (特区) means the Hong Kong Special Administrative Region of the People"s Republic of China; (Added 26 of 1998 s. 4)
"Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特别行政区永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特别行政区) means the Hong Kong Special Administrative Region of the People"s Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不动产) means-(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land;"import" (输入、进口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32 of 1990 s. 6)
"instrument" (文书) includes any publication in the Gazette having legal effect;
"Joint Declaration" (联合声明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (终审法院法官) means the Chief Justice, a permanent judge and a non-permanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平绅士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龙) means the area specified in Schedule 4;
"Lands Tribunal" (土地审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17); (Added 62 of 1974 s. 16)
"law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4)
"Legislative Council" (立法会) means-(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4)"magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10)
"master" (船长), when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (医生), "registered medical practitioner" (注册医生) and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the Medical Registration Ordinance (Cap 161);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People"s Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (动产) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港实施的全国性法律) means a national law applied in Hong Kong pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4)
"New Kowloon" (新九龙) means the area specified in Schedule 5;
"New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4)
"oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (占用) includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;
"offence" (罪、罪行、罪项、犯法行为) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People"s Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特别行政区设立的机构) means-(a) the Liaison Office of the Central People"s Government in the Hong Kong Special Administrative Region;
(b) the Office of the Commissioner of the Ministry of Foreign Affairs of the People"s Republic of China in the Hong Kong Special Administrative Region; and
(c) the Hong Kong Garrison of the Chinese People"s Liberation Army; (Added 2 of 2009 s. 2)"official languages" (法定语文) means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be; (Added 18 of 1987 s. 2)
"order paper" (议事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4)
"Ordinance" (条例) means-(a) any Ordinance enacted by the Legislative Council;
(b) any Ordinance adopted by virtue of Article 160 of the Basic Law as a law of the Hong Kong Special Administrative Region;
(c) any subsidiary legislation made under any such Ordinance except any such subsidiary legislation which has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; and
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4)"People"s Republic of China" (中华人民共和国) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;
"person" (人、人士、个人、人物、人选) includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
"pier" (码头) includes every quay, wharf or jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警务人员) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (权、权力) includes any privilege, authority and discretion;
"prescribed" (订明) and "provided" (订定), when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;
"prison" (狱、监狱) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;
"property" (财产) includes-(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;"Provisional Legislative Council" (临时立法会) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公众、公众人士) includes any class of the public;
"publication" (刊物) means-(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b) and (c) of this definition;"public body" (公共机构) includes-(a) the Executive Council;
(b) the Legislative Council;
(c) (Repealed 78 of 1999 s. 7)
(ca) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(cb) (Repealed 78 of 1999 s. 7)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;"public office" (公职) means any office or employment the holding or discharging of which by a person would constitute that person a public officer;
"public officer" (公职人员) means any person holding an office of emolument under the Government, whether such office be permanent or temporary; (Added 26 of 1998 s. 4)
"public place" (公众地方、公众场所) means-(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;"public seal" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public servant" (公务员、公务人员) has the same meaning as public officer; (Added 26 of 1998 s. 4)
"registered" (登记、注册), when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;
"Registrar of the High Court" (高等法院司法常务官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (规例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (废除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院规则), when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
"Secretary for Justice" (律政司司长) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (卖、售卖、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳湾口岸港方口岸区) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律师) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of 1998 s. 4)
"State" ("国家") includes only-(a) the President of the People"s Republic of China;
(b) the Central People"s Government;
(c) the Government of the Hong Kong Special Administrative Region;
(d) the Central Authorities of the People"s Republic of China that exercise functions for which the Central People"s Government has responsibility under the Basic Law;
(e) subordinate organs of the Central People"s Government that-(i) on its behalf, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; and
(f) subordinate organs of the Central Authorities of the People"s Republic of China referred to in paragraph (d), that-(i) on behalf of those Central Authorities, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; (Added 26 of 1998 s. 4)"statutory declaration" (法定声明), if made-(a) in Hong Kong, means a declaration under the repealed Statutory Declarations Ordinance or the Oaths and Declarations Ordinance (Cap 11);
(b) in any other common law jurisdiction, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in the jurisdiction to take or receive a declaration;
(c) in the mainland of the People"s Republic of China, means a declaration made before a notary pursuant to his notarial functions;
(d) in any other place, means a declaration made before a consul of the People"s Republic of China or a person having authority under a statute for the time being in force in the place to take or receive a declaration; (Added 26 of 1998 s. 4)"street" (街、街道) means-(a) any highway, street, road, bridge, thorough-fare, parade, square, court, alley, lane, bridle-way, footway, passage or tunnel; and
(b) any open place, whether or not situate on land the subject of a Government lease, used or frequented by the public or to which the public have or are permitted to have access; (Added 26 of 1998 s. 4)"subsidiary legislation" and "subordinate legislation" (附属法例、附属法规、附属立法) mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect; (Added 26 of 1998 s. 4)
"summary conviction" (简易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (条约) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循简易程序审讯) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船只) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15)
"words" (字、文字、语言文字) includes figures and symbols;
"writing" (书写) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;
"year" (年) means a year according to the Gregorian calendar;
"years of age" (岁、年岁、年龄) and words of like meaning, when used in reference to the age of any person, means years of age calculated from the date of birth. (Added 26 of 1998 s. 4)

(Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
_____________________________________________________________________________
Note:
* See also s. 6 of 32 of 1990.

Cap 1 s 3 Interpretation of words and expressions

"act" (作为), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上诉委员会) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飞机、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修订) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政长官) means-(a) the Chief Executive of the Hong Kong Special Administrative Region;
(b) a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law; (Added 26 of 1998 s. 4)"Chief Executive in Council" (行政长官会同行政会议) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (终审法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政务司司长) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中国) means the People"s Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中国公民) mean a person who has Chinese nationality under the Nationality Law of the People"s Republic of China in Schedule 4 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); (Added 26 of 1998 s. 4)
"Clerk to the Executive Council" (行政会议秘书) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法会秘书) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial" (交付审判), when used in relation to a person, means-(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4)"common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (领事) and "consular officer" (领事馆官员) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (违反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律师) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上诉法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (终审法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原讼法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4)
"department" (部门), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4)
"District Council" (区议会) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89)
"District Court" (区域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"District Judge" (区域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4)
"document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法则) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政会议) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (输出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (财政司司长) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (财政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外国) mean a country or state other than the People"s Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外币) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (宪报) means-(a) the Government of the Hong Kong Special Administrative Region Gazette and any supplement thereto;
(b) the Gazette published by the Administration on or between 12 October 1945 and 1 May 1946;
(c) the Government of the Hong Kong Special Administrative Region Gazette Extraordinary;
(d) the Hong Kong Government Gazette and any supplement thereto published before 1 July 1997;
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4)"general holiday" and "public holiday" (公众假期、公众假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5)
"general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government" (特区政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-(a) an instrument whereby-(i) the term of the lease has been extended; or
(ii) the provisions of the lease have been varied;(b) an agreement for such a lease; and
(c) a Crown lease; (Added 26 of 1998 s. 4)"Government Printer" (政府印务局) means-(a) the Government Logistics Department of the Hong Kong Special Administrative Region and any other printer authorized by or on behalf of the Chief Executive to print any Ordinance or any other document of the Government; (Amended L.N. 164 of 2003)
(b) in relation to any Ordinance or any other document printed before 1 July 1997, the Government Printer within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4)"harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998 s. 4)
"health officer" (卫生主任) means-(a) the Director, Deputy Director and Assistant Director of Health;
(b) any person appointed as a health officer by the Chief Executive; and
(c) any person for the time being performing the duties of a health officer under any Ordinance; (Added 26 of 1998 s. 4)"High Court" (高等法院) means the High Court of the Hong Kong Special Administrative Region established by section 3 of the High Court Ordinance (Cap 4); (Added 26 of 1998 s. 4)
"HKSAR" (特区) means the Hong Kong Special Administrative Region of the People"s Republic of China; (Added 26 of 1998 s. 4)
"Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特别行政区永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特别行政区) means the Hong Kong Special Administrative Region of the People"s Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不动产) means-(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land;"import" (输入、进口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32 of 1990 s. 6)
"instrument" (文书) includes any publication in the Gazette having legal effect;
"Joint Declaration" (联合声明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (终审法院法官) means the Chief Justice, a permanent judge and a non-permanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平绅士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龙) means the area specified in Schedule 4;
"Lands Tribunal" (土地审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17); (Added 62 of 1974 s. 16)
"law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4)
"Legislative Council" (立法会) means-(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4)"magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10)
"master" (船长), when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (医生), "registered medical practitioner" (注册医生) and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the Medical Registration Ordinance (Cap 161);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People"s Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (动产) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港实施的全国性法律) means a national law applied in Hong Kong pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4)
"New Kowloon" (新九龙) means the area specified in Schedule 5;
"New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4)
"oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (占用) includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;
"offence" (罪、罪行、罪项、犯法行为) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People"s Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特别行政区设立的机构) means-(a) the Liaison Office of the Central People"s Government in the Hong Kong Special Administrative Region;
(b) the Office of the Commissioner of the Ministry of Foreign Affairs of the People"s Republic of China in the Hong Kong Special Administrative Region; and
(c) the Hong Kong Garrison of the Chinese People"s Liberation Army; (Added 2 of 2009 s. 2)"official languages" (法定语文) means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be; (Added 18 of 1987 s. 2)
"order paper" (议事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4)
"Ordinance" (条例) means-(a) any Ordinance enacted by the Legislative Council;
(b) any Ordinance adopted by virtue of Article 160 of the Basic Law as a law of the Hong Kong Special Administrative Region;
(c) any subsidiary legislation made under any such Ordinance except any such subsidiary legislation which has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; and
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4)"People"s Republic of China" (中华人民共和国) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;
"person" (人、人士、个人、人物、人选) includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
"pier" (码头) includes every quay, wharf or jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警务人员) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (权、权力) includes any privilege, authority and discretion;
"prescribed" (订明) and "provided" (订定), when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;
"prison" (狱、监狱) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;
"property" (财产) includes-(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;"Provisional Legislative Council" (临时立法会) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公众、公众人士) includes any class of the public;
"publication" (刊物) means-(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b) and (c) of this definition;"public body" (公共机构) includes-(a) the Executive Council;
(b) the Legislative Council;
(c) (Repealed 78 of 1999 s. 7)
(ca) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(cb) (Repealed 78 of 1999 s. 7)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;"public office" (公职) means any office or employment the holding or discharging of which by a person would constitute that person a public officer;
"public officer" (公职人员) means any person holding an office of emolument under the Government, whether such office be permanent or temporary; (Added 26 of 1998 s. 4)
"public place" (公众地方、公众场所) means-(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;"public seal" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public servant" (公务员、公务人员) has the same meaning as public officer; (Added 26 of 1998 s. 4)
"registered" (登记、注册), when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;
"Registrar of the High Court" (高等法院司法常务官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (规例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (废除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院规则), when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
"Secretary for Justice" (律政司司长) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (卖、售卖、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳湾口岸港方口岸区) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律师) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of 1998 s. 4)
"State" ("国家") includes only-(a) the President of the People"s Republic of China;
(b) the Central People"s Government;
(c) the Government of the Hong Kong Special Administrative Region;
(d) the Central Authorities of the People"s Republic of China that exercise functions for which the Central People"s Government has responsibility under the Basic Law;
(e) subordinate organs of the Central People"s Government that-(i) on its behalf, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; and
(f) subordinate organs of the Central Authorities of the People"s Republic of China referred to in paragraph (d), that-(i) on behalf of those Central Authorities, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; (Added 26 of 1998 s. 4)"statutory declaration" (法定声明), if made-(a) in Hong Kong, means a declaration under the repealed Statutory Declarations Ordinance or the Oaths and Declarations Ordinance (Cap 11);
(b) in any other common law jurisdiction, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in the jurisdiction to take or receive a declaration;
(c) in the mainland of the People"s Republic of China, means a declaration made before a notary pursuant to his notarial functions;
(d) in any other place, means a declaration made before a consul of the People"s Republic of China or a person having authority under a statute for the time being in force in the place to take or receive a declaration; (Added 26 of 1998 s. 4)"street" (街、街道) means-(a) any highway, street, road, bridge, thorough-fare, parade, square, court, alley, lane, bridle-way, footway, passage or tunnel; and
(b) any open place, whether or not situate on land the subject of a Government lease, used or frequented by the public or to which the public have or are permitted to have access; (Added 26 of 1998 s. 4)"subsidiary legislation" and "subordinate legislation" (附属法例、附属法规、附属立法) mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect; (Added 26 of 1998 s. 4)
"summary conviction" (简易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (条约) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循简易程序审讯) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船只) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15)
"words" (字、文字、语言文字) includes figures and symbols;
"writing" (书写) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;
"year" (年) means a year according to the Gregorian calendar;
"years of age" (岁、年岁、年龄) and words of like meaning, when used in reference to the age of any person, means years of age calculated from the date of birth. (Added 26 of 1998 s. 4)

(Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
_____________________________________________________________________________
Note:
* See also s. 6 of 32 of 1990.

Cap 1 s 3 Interpretation of words and expressions

"act" (作为), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上诉委员会) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飞机、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修订) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政长官) means-(a) the Chief Executive of the Hong Kong Special Administrative Region;
(b) a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law; (Added 26 of 1998 s. 4)"Chief Executive in Council" (行政长官会同行政会议) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (终审法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政务司司长) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中国) means the People"s Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中国公民) mean a person who has Chinese nationality under the Nationality Law of the People"s Republic of China in Schedule 4 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); (Added 26 of 1998 s. 4)
"Clerk to the Executive Council" (行政会议秘书) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法会秘书) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial" (交付审判), when used in relation to a person, means-(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4)"common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (领事) and "consular officer" (领事馆官员) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (违反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律师) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上诉法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (终审法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原讼法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4)
"department" (部门), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4)
"District Council" (区议会) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89)
"District Court" (区域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"District Judge" (区域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4)
"document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法则) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政会议) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (输出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (财政司司长) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (财政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外国) mean a country or state other than the People"s Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外币) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (宪报) means-(a) the Government of the Hong Kong Special Administrative Region Gazette and any supplement thereto;
(b) the Gazette published by the Administration on or between 12 October 1945 and 1 May 1946;
(c) the Government of the Hong Kong Special Administrative Region Gazette Extraordinary;
(d) the Hong Kong Government Gazette and any supplement thereto published before 1 July 1997;
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4)"general holiday" and "public holiday" (公众假期、公众假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5)
"general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government" (特区政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-(a) an instrument whereby-(i) the term of the lease has been extended; or
(ii) the provisions of the lease have been varied;(b) an agreement for such a lease; and
(c) a Crown lease; (Added 26 of 1998 s. 4)"Government Printer" (政府印务局) means-(a) the Government Logistics Department of the Hong Kong Special Administrative Region and any other printer authorized by or on behalf of the Chief Executive to print any Ordinance or any other document of the Government; (Amended L.N. 164 of 2003)
(b) in relation to any Ordinance or any other document printed before 1 July 1997, the Government Printer within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4)"harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998 s. 4)
"health officer" (卫生主任) means-(a) the Director, Deputy Director and Assistant Director of Health;
(b) any person appointed as a health officer by the Chief Executive; and
(c) any person for the time being performing the duties of a health officer under any Ordinance; (Added 26 of 1998 s. 4)"High Court" (高等法院) means the High Court of the Hong Kong Special Administrative Region established by section 3 of the High Court Ordinance (Cap 4); (Added 26 of 1998 s. 4)
"HKSAR" (特区) means the Hong Kong Special Administrative Region of the People"s Republic of China; (Added 26 of 1998 s. 4)
"Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特别行政区永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特别行政区) means the Hong Kong Special Administrative Region of the People"s Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不动产) means-(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land;"import" (输入、进口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32 of 1990 s. 6)
"instrument" (文书) includes any publication in the Gazette having legal effect;
"Joint Declaration" (联合声明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (终审法院法官) means the Chief Justice, a permanent judge and a non-permanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平绅士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龙) means the area specified in Schedule 4;
"Lands Tribunal" (土地审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17); (Added 62 of 1974 s. 16)
"law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4)
"Legislative Council" (立法会) means-(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4)"magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10)
"master" (船长), when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (医生), "registered medical practitioner" (注册医生) and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the Medical Registration Ordinance (Cap 161);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People"s Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (动产) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港实施的全国性法律) means a national law applied in Hong Kong pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4)
"New Kowloon" (新九龙) means the area specified in Schedule 5;
"New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4)
"oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (占用) includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;
"offence" (罪、罪行、罪项、犯法行为) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People"s Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特别行政区设立的机构) means-(a) the Liaison Office of the Central People"s Government in the Hong Kong Special Administrative Region;
(b) the Office of the Commissioner of the Ministry of Foreign Affairs of the People"s Republic of China in the Hong Kong Special Administrative Region; and
(c) the Hong Kong Garrison of the Chinese People"s Liberation Army; (Added 2 of 2009 s. 2)"official languages" (法定语文) means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be; (Added 18 of 1987 s. 2)
"order paper" (议事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4)
"Ordinance" (条例) means-(a) any Ordinance enacted by the Legislative Council;
(b) any Ordinance adopted by virtue of Article 160 of the Basic Law as a law of the Hong Kong Special Administrative Region;
(c) any subsidiary legislation made under any such Ordinance except any such subsidiary legislation which has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; and
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4)"People"s Republic of China" (中华人民共和国) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;
"person" (人、人士、个人、人物、人选) includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
"pier" (码头) includes every quay, wharf or jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警务人员) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (权、权力) includes any privilege, authority and discretion;
"prescribed" (订明) and "provided" (订定), when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;
"prison" (狱、监狱) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;
"property" (财产) includes-(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;"Provisional Legislative Council" (临时立法会) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公众、公众人士) includes any class of the public;
"publication" (刊物) means-(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b) and (c) of this definition;"public body" (公共机构) includes-(a) the Executive Council;
(b) the Legislative Council;
(c) (Repealed 78 of 1999 s. 7)
(ca) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(cb) (Repealed 78 of 1999 s. 7)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;"public office" (公职) means any office or employment the holding or discharging of which by a person would constitute that person a public officer;
"public officer" (公职人员) means any person holding an office of emolument under the Government, whether such office be permanent or temporary; (Added 26 of 1998 s. 4)
"public place" (公众地方、公众场所) means-(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;"public seal" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public servant" (公务员、公务人员) has the same meaning as public officer; (Added 26 of 1998 s. 4)
"registered" (登记、注册), when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;
"Registrar of the High Court" (高等法院司法常务官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (规例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (废除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院规则), when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
"Secretary for Justice" (律政司司长) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (卖、售卖、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳湾口岸港方口岸区) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律师) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of 1998 s. 4)
"State" ("国家") includes only-(a) the President of the People"s Republic of China;
(b) the Central People"s Government;
(c) the Government of the Hong Kong Special Administrative Region;
(d) the Central Authorities of the People"s Republic of China that exercise functions for which the Central People"s Government has responsibility under the Basic Law;
(e) subordinate organs of the Central People"s Government that-(i) on its behalf, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; and
(f) subordinate organs of the Central Authorities of the People"s Republic of China referred to in paragraph (d), that-(i) on behalf of those Central Authorities, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; (Added 26 of 1998 s. 4)"statutory declaration" (法定声明), if made-(a) in Hong Kong, means a declaration under the repealed Statutory Declarations Ordinance or the Oaths and Declarations Ordinance (Cap 11);
(b) in any other common law jurisdiction, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in the jurisdiction to take or receive a declaration;
(c) in the mainland of the People"s Republic of China, means a declaration made before a notary pursuant to his notarial functions;
(d) in any other place, means a declaration made before a consul of the People"s Republic of China or a person having authority under a statute for the time being in force in the place to take or receive a declaration; (Added 26 of 1998 s. 4)"street" (街、街道) means-(a) any highway, street, road, bridge, thorough-fare, parade, square, court, alley, lane, bridle-way, footway, passage or tunnel; and
(b) any open place, whether or not situate on land the subject of a Government lease, used or frequented by the public or to which the public have or are permitted to have access; (Added 26 of 1998 s. 4)"subsidiary legislation" and "subordinate legislation" (附属法例、附属法规、附属立法) mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect; (Added 26 of 1998 s. 4)
"summary conviction" (简易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (条约) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循简易程序审讯) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船只) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15)
"words" (字、文字、语言文字) includes figures and symbols;
"writing" (书写) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;
"year" (年) means a year according to the Gregorian calendar;
"years of age" (岁、年岁、年龄) and words of like meaning, when used in reference to the age of any person, means years of age calculated from the date of birth. (Added 26 of 1998 s. 4)

(Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
_____________________________________________________________________________
Note:
* See also s. 6 of 32 of 1990.

Cap 1 s 3 Interpretation of words and expressions

"act" (作为), when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;
"Administrative Appeals Board" (行政上诉委员会) means the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap 442); (Added 6 of 1994 s. 32)
"adult" (成人、成年人)* means a person who has attained the age of 18 years; (Amended 32 of 1990 s. 6)
"aircraft" (飞机、航空器) means any machine that can derive support in the atmosphere from the reactions of the air;
"alien" (外籍人士) means a person other than a Chinese citizen; (Added 26 of 1998 s. 4)
"amend" (修订) includes repeal, add to or vary and the doing of all or any of such things simultaneously or by the same Ordinance or instrument; (Amended 89 of 1993 s. 3)
"arrestable offence" (可逮捕的罪行) means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Added 30 of 1971 s. 2)
"Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Chief Executive" (行政长官) means-(a) the Chief Executive of the Hong Kong Special Administrative Region;
(b) a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law; (Added 26 of 1998 s. 4)"Chief Executive in Council" (行政长官会同行政会议) means the Chief Executive acting after consultation with the Executive Council; (Added 26 of 1998 s. 4)
"Chief Judge" (高等法院首席法官) means the Chief Judge of the High Court; (Added 26 of 1998 s. 4)
"Chief Justice" (终审法院首席法官) means the Chief Justice of the Court of Final Appeal; (Added 26 of 1998 s. 4)
"Chief Secretary for Administration" (政务司司长) means the Chief Secretary for Administration of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"China" (中国) means the People"s Republic of China; (Added 26 of 1998 s. 4)
"Chinese citizen" and "Chinese national" (中国公民) mean a person who has Chinese nationality under the Nationality Law of the People"s Republic of China in Schedule 4 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); (Added 26 of 1998 s. 4)
"Clerk to the Executive Council" (行政会议秘书) includes any person appointed by the Chief Executive to be Deputy Clerk to the Executive Council; (Added 26 of 1998 s. 4)
"Clerk to the Legislative Council" (立法会秘书) means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of The Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (Added 26 of 1998 s. 4)
"commencement" (生效日期), when used in relation to an Ordinance, or any part or provision thereof, means the date on which the Ordinance, part or provision came or comes into operation; (Replaced 39 of 1982 s. 2)
"committed for trial" (交付审判), when used in relation to a person, means-(a) committed to prison with a view to his being tried before the Court of First Instance; or
(b) admitted to bail to appear and stand his trial before the Court of First Instance; (Added 26 of 1998 s. 4)"common law" (普通法) means the common law in force in Hong Kong; (Added 26 of 1998 s. 4)
"consul" (领事) and "consular officer" (领事馆官员) mean any person, including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;
"contravene" (违反) in relation to any requirement or condition prescribed in any Ordinance or in any grant, permit, licence, lease or authority granted under or by virtue of any Ordinance includes a failure to comply with that requirement or condition;
"counsel" (大律师) means a person admitted before the Court of First Instance to practise as counsel; (Added 26 of 1998 s. 4)
"court" (法院、法庭) means any court of the Hong Kong Special Administrative Region of competent jurisdiction; (Added 26 of 1998 s. 4)
"Court of Appeal" (上诉法庭) means the Court of Appeal of the High Court; (Added 26 of 1998 s. 4)
"Court of Final Appeal" (终审法院) means the Hong Kong Court of Final Appeal established by section 3 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 79 of 1995 s. 50)
"Court of First Instance" (原讼法庭) means the Court of First Instance of the High Court; (Added 26 of 1998 s. 4)
"Crown lease" (官契) means any lease granted by the Crown before 1 July 1997, any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; (Added 26 of 1998 s. 4)
"department" (部门), in relation to the Government, includes bureau; (Added 26 of 1998 s. 4)
"District Council" (区议会) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Replaced 8 of 1999 s. 89)
"District Court" (区域法院) means the District Court of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"District Judge" (区域法院法官) means a judge of the District Court; (Added 26 of 1998 s. 4)
"document" (文件) means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of these means;
"enactment" (成文法则) has the same meaning as Ordinance; (Added 26 of 1998 s. 4)
"Executive Council" (行政会议) means the Executive Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"export" (输出、出口) means to take out or cause to be taken out of Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"Financial Secretary" (财政司司长) means the Financial Secretary of the Hong Kong Special Administrative Region and the Secretary for Financial Services and the Treasury; (Added 26 of 1998 s. 4. Amended L.N. 106 of 2002)
"financial year" (财政年度) means the period from 1 April in any year to 31 March in the immediately succeeding year, both days inclusive;
"foreign country" and "foreign state" (外国) mean a country or state other than the People"s Republic of China; (Added 23 of 1998 s. 2)
"foreign currency" (外币) means any currency other than Hong Kong currency; (Added 23 of 1998 s. 2)
"full age" (成年)* means the age of 18 years; (Added 32 of 1990 s. 6)
"Gazette" (宪报) means-(a) the Government of the Hong Kong Special Administrative Region Gazette and any supplement thereto;
(b) the Gazette published by the Administration on or between 12 October 1945 and 1 May 1946;
(c) the Government of the Hong Kong Special Administrative Region Gazette Extraordinary;
(d) the Hong Kong Government Gazette and any supplement thereto published before 1 July 1997;
(e) any Special Gazette or Gazette Extraordinary published before 1 July 1997; (Added 26 of 1998 s. 4)"general holiday" and "public holiday" (公众假期、公众假日) mean any day which is a general holiday for the purposes of the General Holidays Ordinance (Cap 149); (Added 26 of 1998 s. 4. Amended 35 of 1998 s. 5)
"general revenue" (政府一般收入) means the general revenue of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government" (特区政府) means the Government of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Government lease" (政府租契) means a lease of land granted by or on behalf of the Government, and includes-(a) an instrument whereby-(i) the term of the lease has been extended; or
(ii) the provisions of the lease have been varied;(b) an agreement for such a lease; and
(c) a Crown lease; (Added 26 of 1998 s. 4)"Government Printer" (政府印务局) means-(a) the Government Logistics Department of the Hong Kong Special Administrative Region and any other printer authorized by or on behalf of the Chief Executive to print any Ordinance or any other document of the Government; (Amended L.N. 164 of 2003)
(b) in relation to any Ordinance or any other document printed before 1 July 1997, the Government Printer within the meaning of this section as in force immediately before that date; (Added 26 of 1998 s. 4)"harbour" (海港) means the waters of Hong Kong within the boundaries specified in Schedule 3; (Added 26 of 1998 s. 4)
"health officer" (卫生主任) means-(a) the Director, Deputy Director and Assistant Director of Health;
(b) any person appointed as a health officer by the Chief Executive; and
(c) any person for the time being performing the duties of a health officer under any Ordinance; (Added 26 of 1998 s. 4)"High Court" (高等法院) means the High Court of the Hong Kong Special Administrative Region established by section 3 of the High Court Ordinance (Cap 4); (Added 26 of 1998 s. 4)
"HKSAR" (特区) means the Hong Kong Special Administrative Region of the People"s Republic of China; (Added 26 of 1998 s. 4)
"Hong Kong" (香港) means the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"Hong Kong permanent resident" and "permanent resident of the Hong Kong Special Administrative Region" (香港永久性居民、香港特别行政区永久性居民) mean a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap 115); (Added 26 of 1998 s. 4)
"Hong Kong Special Administrative Region" (香港特别行政区) means the Hong Kong Special Administrative Region of the People"s Republic of China, the geographical extent of which is the land and sea specified or referred to in Schedule 2; (Added 26 of 1998 s. 4)
"immovable property" (不动产) means-(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land;"import" (输入、进口) means to bring or cause to be brought into Hong Kong by air, land or water; (Added 26 of 1998 s. 4)
"infant" (幼年人) and "minor" (未成年人)* mean a person who has not attained the age of 18 years; (Amended 32 of 1990 s. 6)
"instrument" (文书) includes any publication in the Gazette having legal effect;
"Joint Declaration" (联合声明) means the Sino-British Joint Declaration on the Question of Hong Kong done at Beijing on 19 December 1984; (Added 26 of 1998 s. 4)
"judge" (法官) means the Chief Justice, a judge of the Court of Final Appeal, the Chief Judge, a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Added 26 of 1998 s. 4)
"judge of the Court of Final Appeal" (终审法院法官) means the Chief Justice, a permanent judge and a non-permanent judge of the Court of Final Appeal; (Added 79 of 1995 s. 50. Amended 26 of 1998 s. 37)
"justice" and "justice of the peace" (太平绅士) mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance (Cap 510); (Amended 47 of 1997 s. 10)
"Kowloon" (九龙) means the area specified in Schedule 4;
"Lands Tribunal" (土地审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17); (Added 62 of 1974 s. 16)
"law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong; (Added 26 of 1998 s. 4)
"Legislative Council" (立法会) means-(a) the Legislative Council of the Hong Kong Special Administrative Region;
(b) the Provisional Legislative Council during its existence; (Added 26 of 1998 s. 4)"magistrate" (裁判官) means any person appointed to be a permanent or special magistrate under the Magistrates Ordinance (Cap 227); (Replaced 47 of 1997 s. 10)
"master" (船长), when used with reference to a vessel, means the person (except a pilot) having for the time being command or charge of the vessel;
"medical practitioner" (医生), "registered medical practitioner" (注册医生) and any words importing that a person is recognized by any Ordinance to be a medical practitioner in Hong Kong or a member of the medical profession in Hong Kong, mean a person duly registered as, or deemed to be registered as, a medical practitioner under the Medical Registration Ordinance (Cap 161);
"Ministry of Foreign Affairs" (外交部) means the Ministry of Foreign Affairs of the Central People"s Government; (Added 26 of 1998 s. 4)
"month" (月) means calendar month;
"movable property" (动产) means property of every description except immovable property;
"national law applying in Hong Kong" (在香港实施的全国性法律) means a national law applied in Hong Kong pursuant to the provisions of Article 18 of the Basic Law; (Added 26 of 1998 s. 4)
"New Kowloon" (新九龙) means the area specified in Schedule 5;
"New Territories" (新界) means the area specified or referred to in Schedule 5A; (Added 26 of 1998 s. 4)
"oath" (誓言) and "affidavit" (誓章) include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" (宣誓) in the like case includes affirm;
"occupy" (占用) includes use, inhabit, be in possession of or enjoy the land or premises to which the word relates, otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;
"offence" (罪、罪行、罪项、犯法行为) includes any crime and any contravention or other breach of, or failure to comply with, any provision of any law, for which a penalty is provided; (Added 26 of 1998 s. 4)
"Offices set up by the Central People"s Government in the Hong Kong Special Administrative Region" (中央人民政府在香港特别行政区设立的机构) means-(a) the Liaison Office of the Central People"s Government in the Hong Kong Special Administrative Region;
(b) the Office of the Commissioner of the Ministry of Foreign Affairs of the People"s Republic of China in the Hong Kong Special Administrative Region; and
(c) the Hong Kong Garrison of the Chinese People"s Liberation Army; (Added 2 of 2009 s. 2)"official languages" (法定语文) means the English language and the Chinese language, and a reference to an "official language" shall be construed as a reference to the English language or the Chinese language as the case may be; (Added 18 of 1987 s. 2)
"order paper" (议事程序表), in relation to the Legislative Council, includes agenda; (Added 26 of 1998 s. 4)
"Ordinance" (条例) means-(a) any Ordinance enacted by the Legislative Council;
(b) any Ordinance adopted by virtue of Article 160 of the Basic Law as a law of the Hong Kong Special Administrative Region;
(c) any subsidiary legislation made under any such Ordinance except any such subsidiary legislation which has pursuant to Article 160 of the Basic Law been declared to be in contravention of the Basic Law; and
(d) any provision or provisions of any such Ordinance or subsidiary legislation; (Added 26 of 1998 s. 4)"People"s Republic of China" (中华人民共和国) includes Taiwan, the Hong Kong Special Administrative Region and Macau; (Added 26 of 1998 s. 4)
"per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;
"person" (人、人士、个人、人物、人选) includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
"pier" (码头) includes every quay, wharf or jetty of whatever description connected to and having direct access to the shore and used or intended to be used for the purposes of a pier, quay, wharf or jetty;
"police officer" (警务人员) and terms or expressions referring to ranks in the Hong Kong Police Force shall bear the meanings respectively assigned to them by the Police Force Ordinance (Cap 232); (Added 26 of 1998 s. 4)
"power" (权、权力) includes any privilege, authority and discretion;
"prescribed" (订明) and "provided" (订定), when used in or with reference to any Ordinance, mean prescribed or provided by that Ordinance or by subsidiary legislation made under that Ordinance;
"prison" (狱、监狱) means any place or building or portion of a building set apart for the purpose of a prison under any Ordinance relating to prisons;
"property" (财产) includes-(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a) of this definition;"Provisional Legislative Council" (临时立法会) means the Provisional Legislative Council of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public" (公众、公众人士) includes any class of the public;
"publication" (刊物) means-(a) all written and printed matter;
(b) any record, tape, wire, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b) and (c) of this definition;"public body" (公共机构) includes-(a) the Executive Council;
(b) the Legislative Council;
(c) (Repealed 78 of 1999 s. 7)
(ca) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(cb) (Repealed 78 of 1999 s. 7)
(d) any other urban, rural or municipal council;
(e) any department of the Government; and
(f) any undertaking by or of the Government;"public office" (公职) means any office or employment the holding or discharging of which by a person would constitute that person a public officer;
"public officer" (公职人员) means any person holding an office of emolument under the Government, whether such office be permanent or temporary; (Added 26 of 1998 s. 4)
"public place" (公众地方、公众场所) means-(a) any public street or pier, or any public garden; and
(b) any theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access;"public seal" (公印) means the public seal of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"public servant" (公务员、公务人员) has the same meaning as public officer; (Added 26 of 1998 s. 4)
"registered" (登记、注册), when used with reference to a document, means registered under the provisions of any law applicable to the registration of such a document;
"Registrar of the High Court" (高等法院司法常务官) means the Registrar of the High Court and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (Added 26 of 1998 s. 4. Amended 10 of 2005 s. 162)
"regulations" (规例) has the same meaning as subsidiary legislation and subordinate legislation; (Added 26 of 1998 s. 4)
"repeal" (废除) includes rescind, revoke, cancel or replace;
"road" (路、道路) has the same meaning as street; (Added 26 of 1998 s. 4)
"rules of court" (法院规则), when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
"Secretary for Justice" (律政司司长) means the Secretary for Justice of the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"sell" (卖、售卖、出售) includes exchange and barter;
"Shenzhen Bay Port Hong Kong Port Area" (深圳湾口岸港方口岸区) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (Cap 591); (Added 4 of 2007 s. 16)
"ship" (船、船舶) includes every description of vessel used in navigation not exclusively propelled by oars;
"sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of a seal, mark, thumbprint or chop;
"sitting", in relation to the Legislative Council, includes meeting; (Added 26 of 1998 s. 4)
"solicitor" (律师) means a person admitted before the Court of First Instance to practise as a solicitor; (Added 26 of 1998 s. 4)
"State" ("国家") includes only-(a) the President of the People"s Republic of China;
(b) the Central People"s Government;
(c) the Government of the Hong Kong Special Administrative Region;
(d) the Central Authorities of the People"s Republic of China that exercise functions for which the Central People"s Government has responsibility under the Basic Law;
(e) subordinate organs of the Central People"s Government that-(i) on its behalf, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; and
(f) subordinate organs of the Central Authorities of the People"s Republic of China referred to in paragraph (d), that-(i) on behalf of those Central Authorities, exercise executive functions of the Central People"s Government or functions for which the Central People"s Government has responsibility under the Basic Law; and
(ii) do not exercise commercial functions, when acting within the scope of the delegated authority and the delegated functions of the subordinate organ concerned; (Added 26 of 1998 s. 4)"statutory declaration" (法定声明), if made-(a) in Hong Kong, means a declaration under the repealed Statutory Declarations Ordinance or the Oaths and Declarations Ordinance (Cap 11);
(b) in any other common law jurisdiction, means a declaration made before a justice of the peace, notary public, or other person having authority therein under any legal provision for the time being in force in the jurisdiction to take or receive a declaration;
(c) in the mainland of the People"s Republic of China, means a declaration made before a notary pursuant to his notarial functions;
(d) in any other place, means a declaration made before a consul of the People"s Republic of China or a person having authority under a statute for the time being in force in the place to take or receive a declaration; (Added 26 of 1998 s. 4)"street" (街、街道) means-(a) any highway, street, road, bridge, thorough-fare, parade, square, court, alley, lane, bridle-way, footway, passage or tunnel; and
(b) any open place, whether or not situate on land the subject of a Government lease, used or frequented by the public or to which the public have or are permitted to have access; (Added 26 of 1998 s. 4)"subsidiary legislation" and "subordinate legislation" (附属法例、附属法规、附属立法) mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect; (Added 26 of 1998 s. 4)
"summary conviction" (简易程序定罪) means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"surname" (姓、姓氏) includes a clan or family name;
"treaty" (条约) means a treaty, convention or agreement made between states, and any protocol or declaration attached thereto or independent thereof but referring thereto; (Added 26 of 1998 s. 4)
"triable summarily" (可循简易程序审讯) means triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227);
"vessel" (船只) means any ship or boat and any description of vessel used in navigation;
"waters of Hong Kong" and "Hong Kong waters" (香港水域) mean all waters, whether navigable or not, included in the Hong Kong Special Administrative Region; (Added 26 of 1998 s. 4)
"weekday" and "week-day" (周日) mean any day other than a Sunday; (Added 68 of 1995 s. 15)
"words" (字、文字、语言文字) includes figures and symbols;
"writing" (书写) and "printing" (印刷) include writing, printing, lithography, photography, typewriting and any other mode of representing words in a visible form;
"year" (年) means a year according to the Gregorian calendar;
"years of age" (岁、年岁、年龄) and words of like meaning, when used in reference to the age of any person, means years of age calculated from the date of birth. (Added 26 of 1998 s. 4)

(Amended 89 of 1993 s. 3; 26 of 1998 s. 4; 78 of 1999 s. 7)
_____________________________________________________________________________
Note:
* See also s. 6 of 32 of 1990.

Cap 1 s 3A References to former or retired judge

A reference to a person who is a former or retired judge of a court, or of a specified court, in Hong Kong, includes respectively a reference to a person who is a former or retired judge of a court which was constituted under the laws of Hong Kong before 1 July 1997, or of the court in Hong Kong which before 1 July 1997 exercised jurisdiction similar to that of the specified court.

(Added 32 of 2000 s. 15)

Cap 1 s 4 (Repealed 26 of 1998 s. 5)

Remarks:

Amendments retroactively made - see 26 of 1998 s. 5


Cap 1 s 4

Remarks:

Amendments retroactively made - see 26 of 1998 s. 5


Cap 1 s 5 Grammatical variations and cognate expressions

Where any word or expression is defined in any Ordinance, such definition shall extend to the grammatical variations and cognate expressions of such word or expression.

Cap 1 s 6 References to Government property

Remarks:

Adaptation amendments retroactively made - see 26 of 1998 s. 6

(1) Where reference is made in any Ordinance to property and the expressions used in relation thereto imply that the property is owned by, belongs to, or reverts to, the Government, or convey a similar meaning, the reference shall be construed in accordance with Article 7 of the Basic Law.
(2) In this section, "property" (财产) means any of the land and natural resources within the Hong Kong Special Administrative Region.

(Replaced 26 of 1998 s. 6)

Cap 1 s 6 References to Government property

Remarks:

Adaptation amendments retroactively made - see 26 of 1998 s. 6

(1) Where reference is made in any Ordinance to property and the expressions used in relation thereto imply that the property is owned by, belongs to, or reverts to, the Government, or convey a similar meaning, the reference shall be construed in accordance with Article 7 of the Basic Law.
(2) In this section, "property" (财产) means any of the land and natural resources within the Hong Kong Special Administrative Region.

(Replaced 26 of 1998 s. 6)

Cap 1 s 7 Provisions for gender and number

(1) Words and expressions importing the masculine gender include the feminine and neuter genders. (Amended 89 of 1993 s. 4)
(2) Words and expressions in the singular include the plural and words and expressions in the plural include the singular.

Cap 1 s 8 Service by post

Where any Ordinance authorizes or requires any documents to be served or any notice to be given by post or by registered post, whether the expression "serve" or "give" or "send" or any other expression is used, the service or notice shall be deemed to be effected by properly addressing, pre-paying the postage thereon and dispatching it by post or by registered post, as the case may be, to the last known postal address of the person to be served or given notice, and, unless the contrary is proved, such service or notice shall be deemed to have been effected at the time at which the document or notice would be delivered in the ordinary course of post.

(Amended 36 of 1972 s. 2)

Cap 1 s 9 Chinese and English words and expressions

Remarks:

Amendments retroactively made - see 26 of 1998 s. 7

Chinese words and expressions in the English text of an Ordinance shall be construed according to Chinese language and custom and English words and expressions in the Chinese text of an Ordinance shall be construed according to English language and custom.

(Replaced 18 of 1987 s. 3. Amended 26 of 1998 s. 7)

Cap 1 s 9 Chinese and English words and expressions

Remarks:

Amendments retroactively made - see 26 of 1998 s. 7

Chinese words and expressions in the English text of an Ordinance shall be construed according to Chinese language and custom and English words and expressions in the Chinese text of an Ordinance shall be construed according to English language and custom.

(Replaced 18 of 1987 s. 3. Amended 26 of 1998 s. 7)

Cap 1 s 10 (Repealed 26 of 1998 s. 8)

Remarks:

Amendments retroactively made - see 26 of 1998 s. 8


Cap 1 s 10

Remarks:

Amendments retroactively made - see 26 of 1998 s. 8


Cap 1 Part IIA GENERAL PROVISIONS AS TO LAWS IN BOTH OFFICIAL LANGUAGES


(Part IIA added 18 of 1987 s. 4)

Cap 1 s 10A Application of Part IIA

This Part shall apply to an Ordinance-(a) enacted in both official languages; or
(b) in respect of which an authentic text is published under section 4B of the Official Languages Ordinance (Cap 5).

Cap 1 s 10B Construction of Ordinances in both official languages

(1) The English language text and the Chinese language text of an Ordinance shall be equally authentic, and the Ordinance shall be construed accordingly.
(2) The provisions of an Ordinance are presumed to have the same meaning in each authentic text.
(3) Where a comparison of the authentic texts of an Ordinance discloses a difference of meaning which the rules of statutory interpretation ordinarily applicable do not resolve, the meaning which best reconciles the texts, having regard to the object and purposes of the Ordinance, shall be adopted. (Amended L.N.46 of 1991)

Cap 1 s 10C Expressions of common law

Remarks:

Amendments retroactively made - see 26 of 1998 s. 9

(1) Where an expression of the common law is used in the English language text of an Ordinance and an analogous expression is used in the Chinese language text thereof, the Ordinance shall be construed in accordance with the common law meaning of that expression. (Amended L.N. 336 of 1990)
(2) (Repealed 26 of 1998 s. 9)

Cap 1 s 10C Expressions of common law

Remarks:

Amendments retroactively made - see 26 of 1998 s. 9

(1) Where an expression of the common law is used in the English language text of an Ordinance and an analogous expression is used in the Chinese language text thereof, the Ordinance shall be construed in accordance with the common law meaning of that expression. (Amended L.N. 336 of 1990)
(2) (Repealed 26 of 1998 s. 9)

Cap 1 s 10D Name of statutory body corporate

Where an Ordinance establishes a body corporate and in the English language text and Chinese language text of that Ordinance the name of the body corporate is in the form only of the language of that text, the name of the body corporate shall consist of the form of its name in each of the texts of the Ordinance.

(Amended L.N. 336 of 1990)

Cap 1 s 10E Words etc. in the official languages may be declared as equivalents

Remarks:

Amendments retroactively made - see 26 of 1998 s. 37

(1) The Chief Executive in Council may, by notice in the Gazette, declare that any word, expression, office, title (including the short title of any Ordinance), citation or thing therein specified in one official language shall, in relation to the interpretation of an Ordinance, be the equivalent of any word, expression, office, title, citation or thing therein specified in the other official language.
(2) No declaration shall be made under this section unless a draft of the notice has been laid before and approved by resolution of the Legislative Council, and section 34 of this Ordinance shall not apply in relation to any such declaration.

(Amended 26 of 1998 s. 37)

Cap 1 s 10E Words etc. in the official languages may be declared as equivalents

Remarks:

Amendments retroactively made - see 26 of 1998 s. 37

(1) The Chief Executive in Council may, by notice in the Gazette, declare that any word, expression, office, title (including the short title of any Ordinance), citation or thing therein specified in one official language shall, in relation to the interpretation of an Ordinance, be the equivalent of any word, expression, office, title, citation or thing therein specified in the other official language.
(2) No declaration shall be made under this section unless a draft of the notice has been laid before and approved by resolution of the Legislative Council, and section 34 of this Ordinance shall not apply in relation to any such declaration.

(Amended 26 of 1998 s. 37)

Cap 1 Part III GENERAL PROVISIONS AS TO ORDINANCES

Cap 1 s 11 Ordinance to be public Ordinance

Every Ordinance shall be a public Ordinance and shall be judicially noticed as such.

Cap 1 s 12 (Repealed 89 of 1993 s. 5)

Cap 1 s 13 Citation of Ordinance

(1) Where any Ordinance is referred to, it shall be sufficient for all purposes to cite such Ordinance by-(a) the title, short title or citation thereof;
(b) its number among the Ordinances of the year in which it was enacted; or
(c) any chapter number lawfully given to it under the authority of any Ordinance providing for the issue of a revised or other edition of the laws of Hong Kong. (Amended L.N. 54 of 1989)(2) Any reference made to any Ordinance, in accordance with the provisions of subsection (1), may be made according to the title, short title, citation, number or chapter number used in copies of Ordinances printed by the Government Printer.

(Amended L.N. 57 of 1974)

Cap 1 s 14 (Repealed 89 of 1993 s. 6)

Cap 1 s 15 Reference to Ordinance as amended

(1) Where in any Ordinance a reference is made to another Ordinance, such reference shall be deemed to include a reference to such last mentioned Ordinance as the same may from time to time be amended.
(2) Where any Ordinance repeals and re-enacts, with or without modification, any provision of a former Ordinance, references in any other Ordinance to the provision so repealed shall be construed as references to the provision so re-enacted.

Cap 1 s 16 Citation of part of Ordinance

In any Ordinance a description or citation of a portion of an Ordinance shall be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

Cap 1 s 17 Construction of reference to Ordinance, section, etc.

(1) Any reference in any Ordinance to "any Ordinance" or to "any enactment" shall be construed as a reference to any Ordinance for the time being in force.
(2) Where in an Ordinance there is a reference to a section or other division by number, letter or combination of number and letter, and not in conjunction with the title or short title of any other Ordinance, the reference shall be construed as a reference to the section or other division of that number, letter or combination in the Ordinance in which the reference occurs. (Replaced 89 of 1993 s. 7)
(3) Where in a section of an Ordinance there is a reference to a subsection or other division by number, letter or combination of number and letter, and not in conjunction with the number of a section of that or any other Ordinance, the reference shall be construed as a reference to the subsection or other division of that number, letter or combination in the section in which the reference occurs. (Replaced 89 of 1993 s. 7)
(4)-(5) (Repealed 89 of 1993 s. 7)

Cap 1 s 18 Marginal notes and section headings

Remarks:

Amendments retroactively made - see 26 of 1998 s. 10

(1) Where any section, subsection or paragraph of any Ordinance is taken verbatim from, or is substantially similar to, a section, subsection, paragraph or other provision of any law of a place outside Hong Kong or any treaty, there may be added as a note to the section, subsection or paragraph of the Ordinance a reference, in abbreviated form, to such section, subsection, paragraph or provision of that law or treaty. (Amended 26 of 1998 s. 10)
(2) A reference added under subsection (1) shall not have any legislative effect and shall not in any way vary, limit or extend the interpretation of any Ordinance.
(3) A marginal note or section heading to any provision of any Ordinance shall not have any legislative effect and shall not in any way vary, limit or extend the interpretation of any Ordinance.

(Amended 44 of 1988 s. 2)

Cap 1 s 18 Marginal notes and section headings

Remarks:

Amendments retroactively made - see 26 of 1998 s. 10

(1) Where any section, subsection or paragraph of any Ordinance is taken verbatim from, or is substantially similar to, a section, subsection, paragraph or other provision of any law of a place outside Hong Kong or any treaty, there may be added as a note to the section, subsection or paragraph of the Ordinance a reference, in abbreviated form, to such section, subsection, paragraph or provision of that law or treaty. (Amended 26 of 1998 s. 10)
(2) A reference added under subsection (1) shall not have any legislative effect and shall not in any way vary, limit or extend the interpretation of any Ordinance.
(3) A marginal note or section heading to any provision of any Ordinance shall not have any legislative effect and shall not in any way vary, limit or extend the interpretation of any Ordinance.

(Amended 44 of 1988 s. 2)

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