Most legislation comes into operation upon its publication in the Gazette (see section 20 of the Interpretation and General Clauses Ordinance (Cap. 1)). However it has become more common these days to defer the coming into operation of legislation. More and more, legislation is being expressed to come into operation on a day to be appointed by a public officer by notice in the Gazette. Often also, different days may be appointed for different provisions (see also section 20 of the Interpretation and General Clauses Ordinance (Cap. 1)). Under these circumstances one of the first things to do when consulting a piece of legislation is to ascertain whether or not it has come into operation.

The procedure for determining whether or not a piece of legislation is in operation differs according to whether one is looking at a piece of legislation published in Legal Supplement No. 1 (or No. 2) to the Gazette or at a piece of legislation published in the loose-leaf edition of the Laws of Hong Kong.

Where a piece of legislation is published in the Gazette with a deferred commencement provision, in order to find out whether it has come into operation (commenced) one needs to look at the "Index to Commencement Notices" (Notices of Commencement Dates) published in Legal Supplement No. 2 to the Gazette. This Index is updated only monthly so it will also be necessary to look at each Legal Supplement No. 2 to the Gazette published since the date of the Index as stated at the beginning of the Index in order to be sure of finding out the latest position.

One would of course need to look at the Index for the year and for each year following the year in which the piece of legislation in question was published, since each annual Index refers only to commencement notices published in one calendar year.

Where a piece of legislation is published in the loose-leaf edition the date of its commencement is stated in square brackets below the Long Title. If a piece of published legislation is not yet in operation that fact will be recorded on the Check List and Instructions (the pink sheet) at the front of that piece of legislation.

An amendment to a piece of legislation is not incorporated in the loose-leaf text of the principal legislation until the amendment has been brought into operation (commenced). Because of our system of textual amendment most legislation published each year are amendments of principal legislation. Accordingly what often happens is that a piece of principal legislation is published in the loose-leaf edition (whether it has been brought into operation or not) but subsequent amendments, not yet in operation, are not included. In this situation a reference to this fact and to the Gazette where the text of the amendment can be found will be published on the Check List and Instructions (the pink sheet) at the front of that piece of legislation.

In addition, it is also necessary to check what legislation or amendments have been enacted since the publication date of the latest issue of the loose-leaf edition. The date of the latest issue is shown in the Master Check List and Instructions located at the beginning of Volume 1 (the blue sheets). These blue sheets also show the relevant date as of which the texts of individual legislation are up to date. In order to find out what legislation or amendments have been enacted since publication of the last issue of the loose-leaf edition or since the date as of which the text of a piece of published legislation is up to date, it is necessary to refer to -

Having ascertained that a piece of legislation or an amendment has been enacted (but not yet included in the loose-leaf edition) one can then find out whether or not that piece of legislation or amendment is in operation by following the procedure set out above with respect to legislation published in Legal Supplement No. 1 (or No. 2) to the Gazette.

Quick Guide
To find out if legislation is in operation