12. The modern approach is to adopt a purposive interpretation.
The statutory lansuase is construed, having regard to its context
and purpose. Words are given their natural and ordinary meaning
unless the context or purpose points to a different meaning. Context
and purpose are considered when interpreting the words used and
not only when an ambiguity may be thought to arise. In HKSAR v
Lam Kwong Wai (2006) 9 HKCFAR 574 at p. 606E Sir Anthony
,
Mason NPJ stated:
'
[]The modern approach to statutory interpretation insists
that context and purpose be considered in the first instance,
especially in the case of general words, and not merely at
some later stage when ambiguity may be thought to arise.[]
'
See also Medical Council ofHong Kong v Chow Siu Shek (200.0) 3
HKCFAR 144 at p. 154B-C.
As the Court pointed out in Town
Planning Board v Society for the Protection of the Harbour Ltd
(2004) 7 HKCFAR 1 at p. 14A-C, the mischief rule is an early
example of the purposive approach. And the purposive approach
(including the mischief rule) has been reflected in Hong Kong in
s
.
19 of the Interpretation and General Clauses Ordinance Cap J.
,
13. The context ofa statutory provision should be taken in its widest
sense and certainly includes the other provisions of the statute and
the existing state of the law. See Town Planning Board v Society
for the Protection of the Harbour Limited at p. 131-J and AttorneyGeneral v Prince Ernest Augustus of Hanover [1957] AC 436 at
p 461.
.
41
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