-17The Approach to Construction
34.
This Court has stated in numerous judgments the principles which it
applies to the task of statutory construction. It looks to the text of the provision
to be construed, its context, including the statute of which it is part and its
legislative history, and its purpose. As Ma CJ said in Town Planning Board v
Town Planning Appeal Board:12
“The purpose may be clear from the provision itself or it may be necessary
to look at the Explanatory Memorandum to the bill introducing the
provision or a ministerial or official statement may be utilised for this
purpose.”
35.
In this case the context includes the amendments to a number of
statutes which were made by the Computer Crimes Ordinance 1993. There is
little history of s 161 itself, as it was a new creation although the amendment
made, in the course of debate in the Legislative Council, to the clause which
became s 161 can be seen as part of the legislative history.
36.
The Memorandum for Legislative Council, the Second Reading
speech of the Secretary, the recommendations of the Legislative Council
Subcommittee, and the government’s adoption of those recommendations all go
to indicate the purpose of the provision which is discussed below.
The Constructional Choice
37.
The term “ambiguity” is often used to indicate that a word or
statutory term or provision has more than one possible meaning, but that word
itself has more than one meaning. It can refer to “doubt or uncertainty”. It is also
12
(2017) 20 HKCFAR 196 at [29].
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