Chapter 1 — Common

§1-1 Common law of the State; exceptions. The common law of England, as ascertained by English and American decisions, is declared to be the common law of the State of Hawaii in all cases, except as otherwise expressly provided by the Constitution or laws of the United States, or…

§1-11 Effect of repeal on pending suit or prosecution. No suit or prosecution pending at the time of the repeal of any law, for any offense committed, or for the recovery of any penalty or forfeiture incurred under the law so repealed, shall be affected by such repeal. [CC 1859, …

§1-12 Application of statutory construction provisions. All provisions of the Hawaii Revised Statutes relating to general statutory construction shall apply not merely to laws now in force but to all hereafter enacted, unless otherwise expressed or obviously intended. [L 1945, c …

§1-13 Official languages. English and Hawaiian are the official languages of Hawaii. Whenever there is found to exist any radical and irreconcilable difference between the English and Hawaiian version of any of the laws of the State, the English version shall be held binding. Haw…

§1-13.5 Hawaiian language; spelling. (a) Kahakō and `okina may be used in the spelling of words or terms in the Hawaiian language in documents prepared by or for state or county agencies or officials. (b) Effective July 1, 2023, any letterhead prepared by or for state or county a…

§1-14 Words have usual meaning. The words of a law are generally to be understood in their most known and usual signification, without attending so much to the literal and strictly grammatical construction of the words as to their general or popular use or meaning. [CC 1859, §9; …

§1-15 Construction of ambiguous context. Where the words of a law are ambiguous:

§1-16 Laws in pari materia. Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other. What is clear in one statute may be called in aid to explain what is doubtful in another. [CC 1859, §11; RL 1925, §11; RL 1935, §12; RL 1945, §11; R…

§1-18 "Or", "and". Each of the terms "or" and "and", has the meaning of the other or of both. [PC 1869, c 1, §4; RL 1925, §15; RL 1935, §16; RL 1945, §15; am L 1945, c 233, §2; RL 1955, §1-23; HRS §1-18]

§1-19 "Person", "others", "any", etc. The word "person", or words importing persons, for instance, "another", "others", "any", "anyone", "anybody", and the like, signify not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants o…

§1-21 "Oath". The word "oath" includes a solemn affirmation. [CC 1859, §19; RL 1925, §18; RL 1935, §19; RL 1945, §18; RL 1955, §1-26; HRS §1-21; am L 1973, c 31, §1]

§1-22 "County". The word "county" includes the city and county of Honolulu. [L 1935, c 121, §1; RL 1945, §19; RL 1955, §1-27; HRS §1-22]

§1-23 Severability. If any provision of the Hawaii Revised Statutes, or the application thereof to any person or circumstances, is held invalid, the remainder of the Hawaii Revised Statutes, or the application of the provision to other persons or circumstances, shall not be affec…

§1-24 Interpretation of uniform acts. All provisions of uniform acts adopted by the State shall be so interpreted and construed as to effectuate their general purpose to make uniform the laws of the states and territories which enact them. [L 1955, c 57, §1(f); RL 1955, §1-30; HR…

§1-25 References apply to amendments. Whenever reference is made to any portion of the Hawaii Revised Statutes or of any other law of the State, the reference applies to all amendments thereto. [L 1955, c 57, §1(f); RL 1955, §1-28; HRS §1-25]

§1-26 References inclusive. Whenever reference is made to a series of sections in the Hawaii Revised Statutes by citing only the numbers of the first and last sections connected by the word "to", the reference includes both the first and last sections. [L 1955, c 57, §1(f); RL 19…

§1-27 Citations of laws included in supplements and replacement volumes. Any act of the legislature may be cited in any subsequent legislative act or in any other proceeding by reference to the chapter or section numbers as set forth in the supplements and replacement volumes pub…

§1-28 Service of notice by mail. Wherever a state statute provides for the giving of notice or service of legal process by registered mail the sending of such notice or service of such legal process may be made by means of certified mail, return receipt requested and deliver to a…

§1-28.5 Publication of notice. (a) Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever a government agency is required to give public notice or to publish notice, the notice shall be given only as follows: Additional supplementa…

§1-29 Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a Sunday or holiday and then it is also excluded. When so provided by the rules of court, the last day also sha…

§1-3 Laws not retrospective. No law has any retrospective operation, unless otherwise expressed or obviously intended. [CC 1859, §5; RL 1925, §5; RL 1935, §5; RL 1945, §4; am L 1955, c 57, §1(a); RL 1955, §1-6; HRS §1-3]

§1-30 Hawaiian standard time applicable. In all statutes, ordinances, rules, regulations, and orders relating to the time of performance of any act by any state or county officer or agency, whether in the legislative, executive, or judicial branches of the government, or relating…

§1-31 Hawaiian standard time; definition; observance. Hawaiian standard time is ten hours slower than Greenwich time, based on the mean solar time of the one hundred and fiftieth degree of longitude west from Greenwich and shall be the time which the entire State, including all o…

§1-32 Acts to be done on holidays. Whenever any act of a secular nature other than a work of necessity or mercy is appointed by law or contract to be performed upon a particular day, which day falls upon a Sunday or holiday, the act may be performed upon the next business day wit…

§1-4 Persons and property subject to laws. The laws are obligatory upon all persons and property within the jurisdiction of the State. [CC 1859, §6; am imp PC 1869, c 3, §1 (same as PC 1850, c 3, §1); RL 1925, §6; RL 1935, §6; RL 1945, §5; am L 1955, c 57, §1(b); RL 1955, §1-7; H…

§1-5 Contracts in contravention of law. Private agreements shall have no effect to contravene any law which concerns public order or good morals. But individuals may, in all cases in which it is not expressly or impliedly prohibited, renounce what the law has established in their…

§1-6 Prohibitory law, effect. Whatever is done in contravention of a prohibitory law is void, although the nullity be not formally directed. [CC 1859, §8; RL 1925, §8; RL 1935, §8; RL 1945, §7; RL 1955, §1-9; HRS §1-6]

§1-7 Repeal of laws. Laws may be repealed either entirely or partially by other laws. [CC 1859, pt of §20; RL 1925, §21; RL 1935, §23; RL 1945, §23; RL 1955, §1-10; HRS §1-7]

§1-8 No revivor on repeal; exception. The repeal of any law shall not revive any other law which has been repealed, unless it is clearly expressed. [CC 1859, pt of §20; RL 1925, §22; RL 1935, §24; RL 1945, §24; RL 1955, §1-11; HRS §1-8]

§1-9 Express or implied repeals. The repeal of a law is either express or implied. It is express when it is literally declared by a subsequent law; it is implied when the new law contains provisions contrary to, or irreconcilable with, those of the former law. [CC 1859, §21; RL 1…