An Ordinance to provide for the establishment of an electronic database of legislation and approval of a website on which the information in the database may be published and accessed; to give legal status to copies of the legislation published on an approved website; to provide for powers to make editorial amendments and revisions to Ordinances and formatting amendments to database instruments (other than Ordinances); to provide for additional editorial powers for preparation of the loose-leaf edition of the Laws of Hong Kong; to provide for related matters; and to make consequential amendments.(Amended 21 of 2024 s. 30)
[30 June 2011]
(Enacting provision omitted—E.R. 1 of 2012)
(Format changes—E.R. 1 of 2012)
This Ordinance may be cited as the Legislation Publication Ordinance.
Subject to subsection (3), this Ordinance comes into operation on a day to be appointed by the Secretary for Justice by notice published in the Gazette.
(Omitted as spent—E.R. 1 of 2012)
In this Ordinance—
approved website (認可網站) means a website approved under section 3(b); consolidated copy (編訂文本), in relation to an Ordinance, means a copy of the Ordinance showing its text as amended by all permitted amendments (if any) that have taken effect as at a date specified in the copy; (Amended 17 of 2018 s. 21) database (資料庫) means the electronic database of the legislation applying in Hong Kong established under section 3(a); database instrument (資料庫文書) means an Ordinance, the Basic Law, a national law applying in Hong Kong or an item of materials or information referred to in section 4(2)(b); editorial amendment (編輯修訂) means an amendment to an Ordinance made under section 12; formatting amendment (格式修訂) means an amendment to a database instrument (other than an Ordinance) made under section 14A(1); (Added 21 of 2024 s. 31) gazetted copy (刊憲文本), in relation to an Ordinance, means a copy of the Ordinance as originally enacted or made, and published in the Gazette; official verification mark (官方核證標記) means a symbol, word or statement, or a combination of any of them, specified by the Law Draftsman on an approved website for the purposes of Part 2; permitted amendment (許可修訂), in relation to an Ordinance, means— (a)an amendment to the Ordinance made by another Ordinance; (b)an editorial amendment to the Ordinance; or (c)an amendment to the Ordinance made under section 2A(1) of the Laws (Loose-leaf Publication) Ordinance 1990 (Cap. 643); (Amended E.R. 1 of 2022) verified copy (經核證文本)—see section 5(1).In this Ordinance, a reference to a database instrument as at a date specified in a copy or reproduction of a copy of the instrument includes, if a time on that date is specified in the copy or reproduction, a reference to the instrument as at that time on that date.
The Secretary for Justice may—
establish and maintain an electronic database of the legislation applying in Hong Kong; and
approve a website on which the information in the database may be published and accessed.
The database is to contain—
consolidated copies of Ordinances that have been given chapter numbers under section 11(a) and of the following Ordinances— (Amended 17 of 2018 s. 22)
(i)the Revised Edition of the Laws Ordinance 1965 (53 of 1965); (ii)the Laws (Loose-leaf Publication) Ordinance 1990 (51 of 1990); (iii)the Hong Kong Reunification Ordinance (110 of 1997); (iv)the National Flag and National Emblem Ordinance (116 of 1997); (v)the Regional Flag and Regional Emblem Ordinance (117 of 1997); (Amended 17 of 2018 s. 22) (vi)the National Anthem Ordinance (2 of 2020); (Added 2 of 2020 s. 14) (vii)the Safeguarding National Security Ordinance (6 of 2024); (Added 6 of 2024 s. 190)
gazetted copies of Ordinances published in the Gazette on or after the date on which this Part comes into operation;
the Basic Law;
national laws applying in Hong Kong; and
the record of editorial amendments and formatting amendments compiled under section 15. (Amended 21 of 2024 s. 32)
The database may also contain—
bills to be introduced or introduced into the Legislative Council; and
other materials and information that the Secretary for Justice considers useful to users of an approved website.
A copy of a database instrument—
that is published on or printed directly from an approved website; and
that bears an official verification mark,
is a verified copy of the instrument.
A verified copy of a database instrument is presumed, unless the contrary is proved, to correctly state the instrument as at the date specified in the copy.
A website purporting to be an approved website is presumed, unless the contrary is proved, to be an approved website.
A document purporting to be a verified copy of a database instrument is presumed, unless the contrary is proved, to be a verified copy of the instrument.
In this Part—
official booklet (官方單行本) means a booklet published under section 8(1); official storage medium (官方儲存器) means a storage medium published under section 9(1); storage medium (儲存器) means a medium— (a)in which electronic data relating to verified copies of database instruments are stored; and (b)from which verified copies of database instruments are capable of being reproduced.The Secretary for Justice may cause reproductions of verified copies of database instruments to be published in the form of booklets.
A reproduction of a verified copy of a database instrument contained in an official booklet is presumed, unless the contrary is proved, to correctly state the instrument as at the date specified in the reproduction.
The Secretary for Justice may cause storage media to be published.
An electronic or printed reproduction of a verified copy of a database instrument accessed or printed directly from an official storage medium is presumed, unless the contrary is proved, to correctly state the instrument as at the date specified in the reproduction.
A document purporting to be a reproduction of a verified copy of a database instrument contained in an official booklet is presumed, unless the contrary is proved, to be such a reproduction.
A document purporting to be an electronic or printed reproduction of a verified copy of a database instrument accessed or printed directly from an official storage medium is presumed, unless the contrary is proved, to be such a reproduction.
(Amended 21 of 2024 s. 33)
(Amended 21 of 2024 s. 34)
The Secretary for Justice may—
give a chapter number to an Ordinance; and (Amended 26 of 2012 s. 17; 17 of 2018 s. 23)
in the database, arrange the grouping and sequence of database instruments.
The Secretary for Justice may, in an Ordinance—
if a chapter number has been given to the Ordinance under section 11(a)—alter the title, short title or citation of the Ordinance; (Added 17 of 2018 s. 24)
replace a reference to the title, short title or citation of another Ordinance that has been altered under paragraph (aa), by the altered title, short title or citation; (Amended 26 of 2012 s. 18; 17 of 2018 s. 24)
after a reference to the title, short title or citation of any Ordinance (referenced Ordinance)— (Amended 21 of 2024 s. 35)
insert the chapter number given to the referenced Ordinance under section 11(a) or the number of the referenced Ordinance among the Ordinances of the year in which it was published in the Gazette; and
if another reference of any other kind to the referenced Ordinance appears after the reference to the title, short title or citation—omit that other reference; (Replaced 17 of 2018 s. 24. Amended 21 of 2024 s. 35)
correct a grammatical, clerical or typographical error;
change the way of referring to or expressing a number, year, date, time, amount of money, quantity or measurement;
alter the text of a provision to reflect an amendment to the provision deemed to have been made by another provision;
omit any enacting, expired or spent provision;
change the sequence of definitions, or of unnumbered items in a list;
insert, after an item in a list appearing in the text of one official language, the equivalent of that item in the other official language;
if a word or expression is defined, or the construction of a reference to a word or expression is provided for, in the text of one official language, insert after that word or expression its equivalent in the other official language; (Added 26 of 2012 s. 18)
amend a cross-reference number contained in square brackets in a Schedule to the Ordinance (including the square brackets and any letters, characters and symbols contained in the square brackets); (Added 21 of 2024 s. 35)
change the format, layout, printing style or any other presentational aspect; and
make an amendment that is consequential on any amendment made under this section (other than this paragraph).
Section 12 does not permit any editorial amendment that would change the legal effect of any Ordinance.
An Ordinance that is amended under section 12 has effect for all purposes, on and after the effective date of the editorial amendment, as if the amendment had been made by another Ordinance that commenced on that date.
The effective date of an editorial amendment—
must not be a date earlier than the date on which the record containing a description of the amendment is first published under section 15; and
must be specified in the record.
A copy of the amended Ordinance, as published on an approved website, must indicate in a suitable place the fact that it has been amended under section 12.
(Replaced 17 of 2018 s. 25)
The Secretary for Justice may change the format, layout, printing style or any other presentational aspect of a database instrument (other than an Ordinance).
The effective date of a formatting amendment—
must not be a date earlier than the date on which the record containing a description of the amendment is first published under section 15; and
must be specified in the record.
A copy of the amended database instrument, as published on an approved website, must indicate in a suitable place the fact that it has been amended under subsection (1).
(Added 21 of 2024 s. 36)
(Amended 21 of 2024 s. 37)
(Amended 21 of 2024 s. 38)
The Secretary for Justice must compile a record containing—
descriptions of editorial amendments made; (Amended 21 of 2024 s. 38)
descriptions of formatting amendments made; and (Added 21 of 2024 s. 38)
(Repealed 17 of 2018 s. 26)
other information that the Secretary for Justice considers useful to users of the record.
The record is to be published on an approved website in a form that the Secretary for Justice considers appropriate.
(Amended 17 of 2018 s. 26)
(Repealed 17 of 2018 s. 27)
The Secretary for Justice may, by order in the Gazette—
make an alteration to an Ordinance for the purpose of securing uniformity in expression within the Ordinance or with another Ordinance;
alter the form or arrangement of a section of an Ordinance, by transferring words, by combining it in whole or in part with another section or other sections of the Ordinance or by dividing it into subsections;
transfer a saving or transitional provision in an Ordinance to another Ordinance to which that provision relates;
organize the provisions of an Ordinance into, and assign numbers and headings to, groups of provisions, without changing the sequence of those provisions;
amend the heading of a provision or a group of provisions in an Ordinance to reflect the contents of the provision or the group of provisions;
if the name, title, location or address of a department, office, officer or place has changed, make an alteration to that name, title, location or address appearing in an Ordinance to reflect the change;
amend an Ordinance to effect the replacement of a reference to a date in the form of a description by the actual calendar date;
amend an Ordinance to effect the replacement of a general reference to another Ordinance by—
the title, short title or citation of that other Ordinance; (Amended 26 of 2012 s. 19)
its number among the Ordinances of the year in which it was enacted or made; or
the chapter number given to it under section 11(a);
replace a word or expression in an Ordinance indicating gender or that could be taken to indicate gender by a gender-neutral word or expression;
amend an Ordinance to change the way of referring to a provision; and
make an amendment to an Ordinance that is consequential on any amendment made under this section (other than this paragraph).
An order made under section 17 is not to come into operation before the expiry of the period within which a resolution providing for the amendment of the order may be passed in accordance with section 34 of the Interpretation and General Clauses Ordinance (Cap. 1).
(Omitted as spent—E.R. 3 of 2018)
(Omitted as spent—E.R. 3 of 2018)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 3 of 2018)
The enactments specified in Divisions 2, 3, 4, 5 and 6 are amended as set out in those Divisions.
(Amended E.R. 1 of 2022)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)
The Laws (Loose-leaf Publication) Ordinance 1990 (51 of 1990)—
Repeal the Ordinance.
The Revised Edition of the Laws Ordinance 1965 (53 of 1965)—
Repeal the Ordinance.
(Omitted as spent—E.R. 3 of 2018)
(Omitted as spent—E.R. 3 of 2018)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)