matter implied the exclusion of any other matter Applied when poor drafting has

Matter implied the exclusion of any other matter

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matter implied the exclusion of any other matter Applied when poor drafting has misrepresented the true legislative intent which was to include other items not listed in the statue - Maxim of generalibus specialia derogant – a special provision overrides general ones - Maxim of pari materia – the context in which a statute is to be interpreted includes other statutes dealing with comparable matters Interpretive aids - Courts may resort to both intrinsic and extrinsic interpretive aids - Intrinsic: clues to interpretation contained inside the Ordinance, pg 263 - Extrinsic: dictionaries, previous judicial rulings, consultation papers, comparable statutes, Hanzard reports( records of proceedings which introduced the statutory bill in to LC for debate), Government Gazette,
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international treaties e.g. Interpretation and General Clauses Ordinance: - Most important extrinsic aid to statutory interpretation - With over 100 definitions of statutory terms - Applies to all ordinances unless otherwise indicated S19: an ordinance shall be deemed to be remedial and shall receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Ordinance according to its true intent, meaning and spirit Remediation of mischief Legislation – measures to improve existing situation True meaning of a statutory provision must be understood in light of its “spirit” not just literal text HKSAR v Cheung Kwun Yin (2009) 12 HKCFAR 568, 574-575 - Purpose of statutory provision may be evident from the provision itself - Law Reform Commission report, Explanatory Memorandum to the bill( legislative history) - Legislative history used as extrinsic aid to statutory interpretation> controversial as it undermines the objectivity of the interpretation process and is subject to parliamentary privilege unless in certain circumstances( pg 264) PCCW-HKT Telephone Ltd v Telecommunications Authority (2005) 8 HKCFAR “the more adventurous use of ministerial statements about the meaning and effect of proposed legislation> practical, conceptual and constitutional problem Director of Lands v Ying Shuen Enterprises Ltd (2003) 6 HKCFAR 1, 15 - Such evidence is admissible for a limited purpose only to enable the Court to understand the factual context in which the statute was enacted and the mischief at which it was aimed - Not about the will of the legislature Resolving language differences Official Languages Ordinance( Cap.5) S3(1): Eng and Chim are to be official languages of HK S3(2): two languages are of “equal status” S4(1): requires all Ordinances ( not necessarily subsidiary legislation) to be enacted and published in both official languages Gurung Deu Lumari v Director of Immigration [2010] 5 HKLRD 219, 235 - If there should be any discrepancy between the two texts> Chinese text shall prevail 6. Case Law Retroactivity HKSAR v Hung Chan Wa( CACC 411/2003 and 61/2004, [2006] HKEC 183) - Legislation – prospective - Case law judgment – both retroactive and prospective 1)
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