the true intent of the makers of the Act Statues are to be interpreted to

The true intent of the makers of the act statues are

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the true intent of the makers of the Act) Statues are to be interpreted to effect their purpose, i.e. to change the existing law of the land the better to address a given problem evolved into a “purposive approach” HKSAR v Cheung Kwun Yin (2009) 12 HKCFAR 568, 574-575 - statutory interpretation: court’s task to ascertain the intention of the legislature as expressed in the language of the statute> an objective exercise - modern approach> purposive interpretation: statutory language is construed having regard to its context and purpose - context of a statutory provision should be taken in its widest sense - words are given natural and ordinary meaning unless the context or purpose points to a different meaning - e.g. s.19 Interpretation and General Clauses Ordinance Cap1 Critiques: China Field v Appeal Tribunal ( Buildings)(No 2)( 2009) 12 HKCFAR 342, 358 - stressing development by the courts which allows them to distort or ignore the plain meaning of the text and construe the statue in whatever manner achieves a result which they consider desirable - Imperfect legal drafting occasionally intensifies tensions between purpose and text T v Commissioner of Police ( 2014) 17 HKCFAR 593 - A court cannot attribute to a statutory provision a meaning which the language of the statue, understood in the light of its context and the statutory purpose, is incapable of bearing Interpretive presumptions - HK’s courts has adopted a number of rebuttal presumptions expressing deep-rooted common law values that are to guide the process of determining statutory purpose and legislative intent - Construe purpose and intent consistently with these presumptions
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A v Commissioner of Independent Commission Against Corruption (2012) 15 HKCFAR 362, 379-380 - Legality, human rights and fundamental principles of law cannot be overridden except by express words or necessary implication Guard against the risk that full implications of general or ambiguous statutory language said to have abrogated fundamental rights of freedoms went unnoticed by the legislature Presumption of constitutionality HKSAR v Lam Kwong Wai ( 2006) 9 HKCFAR 574, 606 - A court can imply words into statute so long as it is giving effect to the legislative intention as ascertained on a proper application of interpretative process - Cannot read words into a statue in order to bring about a result which does not accord with the legislative intention ascertained Common law presumption/ rule of construction in favour of constitutional validity( it is better for a thing to have effect than to be made void) If a language is not so intractable> incapable of being consistent with the presumption> presumption should prevail - HK courts presume> purpose of an Ordinance is consistent with the Basic Law and the Bills of Rights Ordinance HKSAR v Ng Po On ( 2008) 11 HKCFAR 91, 108-109 - BL impliedly confers upon courts of the Region power to apply a remedial interpretation to provisions which may be struck down as constitutionally invalid -
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