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.
To view the terms of the resolutions, click the relevant links in the first column below to go to the Agenda for the relevant resolution. To view the decisions of the Council, read the Official Record of Proceedings of the Legislative Council of the relevant Council meeting.
By positive vetting procedure:
Government Motion/Resolution
House Committee Meeting
Legal Service Division Report
Council Meeting
Proposed resolution under the Mandatory Provident Fund Schemes Ordinance (section 48 of Cap. 485)
Proposed resolution under the Criminal Procedure Ordinance (section 9A of Cap. 221) and the Interpretation and General Clauses Ordinance (section 35 of Cap. 1)
Proposed resolution under the Eastern Harbour Crossing Ordinance (section 54 of Cap. 215) and the Interpretation and General Clauses Ordinance (section 35 of Cap. 1)
Proposed resolution under the Tate's Cairn Tunnel Ordinance (section 35 of Cap. 393) and the Interpretation and General Clauses Ordinance (section 35 of Cap. 1)
Proposed resolution under the Western Harbour Crossing Ordinance (section 32 of Cap. 436) and the Interpretation and General Clauses Ordinance (section 35 of Cap. 1)
Proposed resolution under the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (section 26 of Cap. 474) and the Interpretation and General Clauses Ordinance (section 35 of Cap. 1)
Proposed resolution under the Import and Export Ordinance (section 31(4) of Cap. 60) and the Interpretation and General Clauses Ordinance (section 35 of Cap. 1)
Proposed resolution under the Import and Export Ordinance (section 31(4) of Cap. 60) and the Interpretation and General Clauses Ordinance (section 35 of Cap. 1)
Other subsidiary legislation 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 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.
Check the Gazette of the relevant publication date published by the Government for details of the subsidiary legislation.
By negative vetting procedure
Gazette date (Legal Notice No.)
Subsidiary legislation
Date of tabling in Council (Amendment to be made by)
