Talk:Subsidiary legislation in Hong Kong
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Subsidiary legislation vs. subordinate legislation and the Basic Law
[edit]Aren't the two terms functionally equivalent? The Interpretations and General Clauses Ordinance states: [1]:
- "subsidiary legislation" and "subordinate legislation" (附屬法例、附屬法規、附屬立法) mean 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'
The Basic Law explicitly provides for subordinate legislation in two places. Article 8 [2] provides that existing subordinate legislation shall remain in force, and Article 61(1)(5) [3] authorises the executive branch to draft new subordinate legislation. Thanks, Eric Baer (talk) 13:59, 20 February 2012 (UTC)