(1) The following words and expressions shall have the meanings respectively assigned to them:

"act", used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to omissions;

"Administrative Appeals Rules" means the rules having effect under section 55;

"affray" means a disturbance of the public peace resulting from two or more persons fighting in a public place;

"amend" includes repeal, add to or vary and the doing of all or two or more of those things simultaneously or by the same instrument;

"commencement", used with reference to any written law, means the date upon which that written law comes into operation;

"common law" means the common law of England applicable to Sarawak by virtue of the Civil Law Act 1956[Act 67];

"Commonwealth" means collectively the Commonwealth countries, any part of Her Britannic Majesty'

S.4 ordinances.

(1) Every ordinance shall be a public ordinance, and shall be judicially noticed as such.

(2) The absence of any provision for the date of commencement in an ordinance shall imply a provision that that ordinance shall come into operation upon the date of publication in the Gazette .

(3) Where the Gazette is published in more than one form, the date of publication of the Gazette shall be deemed to be the date the Gazette is first published in any form.

S.5 Sections and Schedules.

(1) Every section of an ordinance shall have effect as a substantive enactment without introductory words.

(2) Every Schedule, Table or other annexure to any written law shall, together with any notes to it, be construed and have effect as part of it.

S.6 Mode of citing ordinances.

Any ordinance may for all purposes be cited by its short title:

Provided that any ordinance may also be cited by its number among the Ordinances of the year in which it was made, or by any chapter number given to it under section 17 of the Revision of Laws ordinance, 1992 [Cap. 1] .

S.7 Construction in an ordinance of references to sections, etc.

Construction in a section of reference to subsections and paragraphs (2) Where in any section of any ordinance there is a reference to a subsection, paragraph or subparagraph by number or letter only, and not in conjunction with the number of any section of that or of any other ordinance, that reference shall be construed as a reference to the subsection, paragraph or subparagraph of that number or letter contained in the section in which that reference occurs.

Construction to apply to subsidiary legislation (3) This section shall, with suitable modification, apply to subsidiary legislation, and to instruments issued under it.

Special provision in shoulder notes (4) This section shall not apply to shoulder notes contained in an amending ordinance or in any written law which amends another written law and, in such case, references to a Part, section or other division which does not contain a reference to the written law of which that Part, section or other division for

S.8 Coming into operation of written law.

(1) Any written law which is expressed to come into operation on a particular day shall come into operation on the expiration of the previous day.

(2) Subsection (1) shall apply also to the day proclaimed, notified or otherwise appointed as the day as from which any written law shall come into force, and the expression "otherwise appointed" shall include the provision for commencement made by section 4(2) and by sections 17 and 20.

(3) Where a written law is published in more than one form, the date of coming into operation of the written law shall be deemed to be the date the Gazette is first published in any form.

S.10 Repeal and substitution, and their effect.

(1) Whenever any written law repeals another written law and substitutes other provisions for it, the written law so repealed shall remain in force until the substituted provisions come into operation.

(2) Whenever any written law is declared to be made by way of replacement of or substitution for another or re-enacts another, with or without modification, the subsidiary legislation and instruments made or deemed to be made or prescribed by or under the earlier written law shall remain in force so far as they are not inconsistent with such later written law or any instrument made and prescribed under it, and be deemed for all purposes, including penalties, to have been made or prescribed by it and to be liable to amendment by or under it.

S.11 Effect of repeal generally.

The repeal of any written law shall not:-

(a) revive anything not in force or existing at the time at which the repeal takes effect;

(b) affect the previous operation of any written law so repealed, or anything duly done or suffered under any written law so repealed;

(c) affect any right, power, obligation, restriction or liability acquired, accrued, imposed or incurred under any written law so repealed;

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any written law so repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, power, obligation, restriction, liability, penalty, forfeiture or punishment as mentioned in paragraphs (c) and (d) ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such restriction, penalty, forfeiture or punishment may be imposed, as if the repealing written law had not b

S.12 Repeal of written laws.

Whenever any written law which repeals any earlier written law is itself repealed, that last repeal shall not be construed as reviving the written law previously repealed.

S.13 Reference to amended and re-enacted provisions.

(1) Any written law which amends another written law shall be read and construed as one with the written law so amended, and the amended written law may, in the amending written law, be referred to as the Principal written law.

(2) A reference in any written law to the provisions of another written law shall include a reference to any written law amending that other written law or replacing it with or without modification.

S.14 Subsidiary legislation.

PART III SUBSIDIARY LEGISLATION AND INSTRUMENTS The following provisions shall apply to subsidiary legislation:

Powers included in authority to make subsidiary legislation (a) authority to make subsidiary legislation shall include:-

(i) authority to provide that a contravention of it shall be punishable by such fine, not exceeding fifty thousand ringgit, and with imprisonment for such term, not exceeding three years, as may be specified in the subsidiary legislation;

(ii) authority to amend any forms prescribed by the law under which the subsidiary legislation was made; and (iii) authority to prescribe new forms for its purpose and for the purpose of the subsidiary legislation;

To include reduction of fees, etc.

(b) authority to provide for fees and charges shall include authority to provide for the reduction, waiver or refund of them, either generally or in any particular event or case or class of cases, or in the discretion of any person;

S.15 Construction of general penalties provision regarding subsidiary legislation.

(1) A provision in any written law to the effect that any breach or contravention of subsidiary legislation made or deemed to be made, or taking effect, by virtue of that written law shall constitute an offence, or prescribing punishment for breach or contravention of that subsidiary legislation, shall be deemed to include power to prescribe by that subsidiary legislation that the contravention of any particular provision in it shall or shall not constitute an offence, and to include power to prescribe by that subsidiary legislation punishment for it not exceeding that so prescribed in that written law for breach or contravention of that subsidiary legislation:

Provided that except in so far as the power deemed by this subsection to be included in that provision is exercised, that provision shall be construed and take effect as if no such power had been conferred.

(2) (a) This section shall apply to any written law coming into operation prior to the 23rd day of May, 1

S.16 Extent of power to make subsidiary legislation or instruments or perform acts of a similar nature.

Whenever by or under any written law power is given to the Majlis Mesyuarat Kerajaan Negeri, the Yang di-Pertua Negeri or any public officer or body or other authority (in this section referred to as "the authority empowered") to make subsidiary legislation or to make, issue or approve any order, Proclamation, instrument, declaration, direction, instruction, notification, register or list, it shall include the power of amending or suspending that subsidiary legislation, order, Proclamation, instrument, declaration, direction, instruction, notification, register or list, or withdrawing its approval, in the same manner as it was made, approved or issued, and shall, notwithstanding the absence of any express provision in any ordinance or other written law, where that ordinance or other written law empowers any person to make subsidiary legislation, include the power of declaring the date (including a date prior to that upon which it is so declared) as from which it shall have or be de

S.17 Publication of subsidiary legislation and instruments.

(1) Power to make subsidiary legislation shall, unless another method of publication is authorized, be deemed to include a direction to publish it in the Gazette and, without prejudice to section 16, a direction that it shall come into operation on the date of its publication.

(2) If the particular form or manner of publication of any legislation or instrument has not been provided for then without prejudice to subsection (1) and to any form or manner which may be deemed sufficient it shall be deemed to be duly published if it is published in such form or manner as the Minister shall direct.

(3) Without prejudice to subsection (1), a provision in any written law that subsidiary legislation of any description shall be made or published in the Gazette shall not be deemed to prohibit the making of any such subsidiary legislation otherwise than in the Gazette, and that provision shall be deemed to have been complied with if, after that subsidiary legislation has been made

S.18 Signification of orders of the Yang di-Pertua Negeri and Majlis Mesyuarat Kerajaan Negeri.

(1) Whenever any ordinance confers upon the Yang di-Pertua Negeri or the Majlis Mesyuarat Kerajaan Negeri power to make subsidiary legislation, give any directions, issue any order, authorize any thing or matter to be done, grant any exemption, remit any fee or penalty or exercise any other power, it shall be sufficient if the exercise of that power be signified:-

(a) in the case of the Yang di-Pertua Negeri, under the hand of any member of the Majlis Mesyuarat Kerajaan Negeri; and (b) in the case of the Majlis Mesyuarat Kerajaan Negeri under the hand of the Clerk to the Majlis Mesyuarat Kerajaan Negeri.

(2) Subsection (1) shall not apply to the power of the Yang di-Pertua Negeri to issue any Warrant or Proclamation, which shall be made or issued only under the hand of the Yang di-Pertua Negeri himself.

S.19 Signification of orders, etc., of the Chief Minister, a Minister or the State Secretary.

Whenever, either directly under any ordinance or by delegation under section 34, any power is conferred upon the Chief Minister, a Minister or the State Secretary to make any order, regulation or instrument or to make any appointment or give any direction, it shall be sufficient for that order, regulation, instrument, appointment or direction to be signified:-

(a) in the case of the Chief Minister, under the hand of the State Secretary or his deputy or such other officer in the Chief Minister's Office as may be specifically authorized by the Chief Minister for such purpose;

(b) in the case of a Minister, other than the Chief Minister, under the hand of the Permanent Secretary or any Principal Assistant Secretary to the Ministry for which the Minister is responsible; and (c) in the case of the State Secretary, under the hand of any Deputy State Secretary or any officer not below the rank of Director in the Chief Minister's Office.