Section 24
Construction of enabling words
of Interpretation Ordinance, 2005, 2005
—
Whenever any written law, either expressly or by necessary implication, confers on any person power to do or enforce the doing of any act or thing, all these powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
(2)
Without prejudice to the generality of subsection (1)—
(a)
a power to provide for, prohibit, control or regulate any matter includes power to provide for that matter by the licensing of it and power to prohibit acts by which the prohibitions, control or regulations affecting that matter might be evaded;
(b)
a power to grant a licence, permit, authority, approval or exemption includes power to impose reasonable conditions subject to which that licence, permit, authority, approval or exemption may be granted;
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(c)
a power to approve any person or thing includes power to withdraw its approval; and
(d)
a power to give directions includes power to couch them in the form of prohibitions.
(3)
Without prejudice to the generality of subsection (1), whenever in any written law one of the following expressions:
(a)
“as the Yang di-Pertua Negeri may appoint”; or
(b)
“as the Yang di-Pertua Negeri may direct”; or
(c)
“as may be designated by the Yang di-Pertua Negeri”;
or
(d)
any similar expression, appears and no power is expressly conferred upon the Yang di-Pertua
Negeri to make the appointment, give the direction or make a designation, as the case may be, that power shall nevertheless be deemed to be conferred by necessary implication.
(4)
Subsection (3) shall have effect in relation to the Majlis
Mesyuarat Kerajaan Negeri, a public body, public officer or other person as it has effect in relation to the Yang di-Pertua Negeri, and shall have effect in respect of any instrument or other matter as it has effect in respect of appointments or directions.
(5)
Without prejudice to the generality of subsection (1), whenever in any written law power is expressly or impliedly conferred on the Yang di-Pertua Negeri, a public body or public officer to make any Proclamation, warrant, order, instrument or appointment, or to give any direction, approval or notice, and it does not expressly appear what effect any such making or giving shall have, the instrument or document made or executed pursuant to that power shall, if lawfully made in conformity with the power so conferred, have effect nevertheless according to its tenor.
Appointment of officers by name or office