Subsidiary legislation

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  • Positive vetting
  • Negative vetting
Subsidiary legislation means 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. It is generally subject to the scrutiny of the Council, which may be given through either the positive vetting procedure or the negative vetting procedure under Part V of the Interpretation and General Clauses Ordinance (Cap. 1).
Any subsidiary legislation which requires the approval of the Council has to be submitted to the Council, which may by resolution approve or amend it. Section 35 of the Interpretation and General Clauses Ordinance (Cap. 1) provides for the legal basis of such procedure.
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Motion/resolution
Legislative Council Brief
Legal Service Division Report
Consideration by House Committee
Approved by Council
Subsidiary legislation subject to the negative vetting procedure is first published in the Gazette and then laid on the table of the Council at its meetings. The Council may amend a piece of subsidiary legislation by a resolution passed at a Council meeting held not later than 28 days after the meeting at which it was so laid. This period for scrutinizing and amending subsidiary legislation is called the vetting period.
The vetting period of any subsidiary legislation may be extended by a resolution passed at a Council meeting before its expiry. The vetting period may be extended to the first Council meeting held on or after the 21st day from the original expiry day.
Unless otherwise provided for in the subsidiary legislation concerned, a piece of subsidiary legislation comes into operation on the day it is published in the Gazette. It continues to operate unless a resolution to amend it has been passed and until the date of publication in the Gazette of such a resolution.
Section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) provides for the legal basis for the above procedure.
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Subsidiary legislation
Legislative Council Brief
Tabling in Council
Legal Service Division report
Consideration by House Committee
Deadline for amendment