julielai  +  72207 Sat, 05 Feb 05 03:01 AM "Notwithstanding any other provision in this Act, the department of ABC shall be responsible for the payment of all xyz out of appropriated funds." One lawyer said the "notwithstanding" part means the department can safely ignore all other provisions in the act. Another lawyer said just the opposite. Who is right? (I know...I know...legislative intent is everything, right?) julielai Joined on Sun, Oct 24 2004 Senior Member 3,827 Just another blogger (http://hk.myblog.yahoo.com/julie-lai)

	Mister Micawber  +  72286 Sat, 05 Feb 05 02:52 PM From Duhaime's Canadian Law Dictionary: 'Notwithstanding: In spite of, even if, without regard to or impediment by other things.' The department is responsible for payment without regard to other parts of the Act. They cannot ignore the provisions, but they cannot use the other provisions to avoid the responsibility of paying . Mister Micawber Joined on Wed, Aug 4 2004 Yokohama Veteran Member 30,825 'The question is,' said Humpty Dumpty, 'which is to be master-- that's all.' Regards

	julielai  +  72298 Sat, 05 Feb 05 04:40 PM So, when there is a conflict in language, this clause "overrides" other provisions on the payment issue, correct? julielai Clauses

	Mister Micawber  +  72370 Sun, 06 Feb 05 01:02 AM Logically and grammatically I would say so, Julie. Of course, I haven't passed my bar exam yet. Mister Micawber

	julielai  +  72376 Sun, 06 Feb 05 01:30 AM Thank you! julielai