Hawaii Revised Statutes

Haw. Rev. Stat. § 1-18 (2026)

  "Or", "and"

✓ current as of July 2026
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     §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]

 

Case Notes

 

  Applied:  230 F. Supp. 455; 17 H. 135, 141; 34 H. 935, 941.

  "And" deemed conjunctive, not alternative.  33 H. 98, 101.

  "Or" deemed alternative, not conjunctive, penal statute.  44 H. 601, 604, 359 P.2d 289.

  Applied in substituting "and" for "or" in public accountancy statute.  51 H. 80, 452 P.2d 94.

  "Or" deemed "and".  54 H. 356, 507 P.2d 169.

  Use of word "and" is not necessarily decisive.  56 H. 675, 548 P.2d 268.

  Cited:  52 F.2d 411, 414; 5 H. 52, 53; 19 H. 393, 397.

 

 

Notes of Decisions
Cited in 21 cases, 1960–2018 · leading case: State v. Bayly, 185 P.3d 186 (Haw. 2008).
State v. Bayly, 185 P.3d 186 (Haw. 2008). · cites it 2× “See HRS § 1-18 (1993); In re City & County of Honolulu Corp.”
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009). “Laws Act 2, §§ 1-18 at 5-21. The purpose of the act was stated as follows: (d) The purpose of this Act is to facilitate the establishment of inter-island ferry service and, at the same time, protect Hawaii’s fragüe environment by clarifying that neither the preparation of an…”
State v. Codiamat., 317 P.3d 664 (Haw. 2013). · cites it 4× “HRS § 1-18 (1993), dealing with construction of 6 laws, states that "[e]ach of the terms 'or' and 'and', has the meaning of the other or both.”
Gillan v. Gov't Employees Ins. Co., 194 P.3d 1071 (Haw. 2008). “Act 124, §§ 1-18, at 210. Related to those amendments, the House Committees on Consumer Protection and Commerce and Judiciary reported that the amendments served dual purposes, namely “reducing litigation [in combination] with medical cost-containment," with the ultimate goal…”
Liberty Dialysis-Hawaii, LLC v. Rainbow Dialysis, LLC., 306 P.3d 140 (Haw. 2013). · cites it 2× “Laws Act 270, §§ 1-18 at 825-33. Two bills to amend HRS chapter 323D were introduced during the 1987 legislative session: Senate Bill 749, and House Bill 1025.”
Kimball v. Sadaoka, 548 P.2d 268 (Haw. 1976). · cites it 4× “See HRS § 1-18. Cf. Wee v. Board of Accountancy, 51 Haw.”
Allstate Ins. Co. v. Schmidt, 88 P.3d 196 (Haw. 2004). · cites it 2× “” See HRS § 1-18 (1993) (" ‘Or,’ 'and.' Each of the terms 'or' and ‘and,’ has the meaning of the other or of both.”
State v. Prevo, 361 P.2d 1044 (Haw. 1961). · cites it 3× “1955, § 1-18. Perhaps no section of our statutes has been interpreted more frequently by the courts than the one now under scrutiny.”
Pofolk Aviation Hawaii, Inc. v. Dep't of Transp. for State of Hawai'i., 354 P.3d 436 (Haw. 2015). · cites it 4× “DOT-A also argues that the word "or" in the last sentence of HRS § 261-12(a) should be read as “and” pursuant to HRS § 1-18. HRS § 1-18 (2009) provides that "[e]ach of the terms ‘or’ and 'and', has the meaning of the other or of both.”
State v. Taylor, 425 P.2d 1014 (Haw. 1967). · cites it 2× “1955, § 1-18 (b) and (c), quoted in note 14. 11 “It is a cardinal rule of statutory construction that the courts are bound, if possible, to give effect to all of its parts, and no sentence, clause or word shaU be construed as unmeaning or surplusage if a construction can be…”
State v. Christie, 764 P.2d 1245 (Haw. App. 1988). · cites it 2× “*374 HRS § 1-18 (1985) provides: “Or,” “and.” Earth of the terms “or” and “and” has the meaning of the other or of both.”
Hatsumi Yoshizaki v. Hilo Hosp., 433 P.2d 220 (Haw. 1967). “1955, § 1-18 (c) reads: “Every construction which leads to an absurdity shall be rejected.”
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