LIVE PEARL OYSTERS CULTIVATION AREA (CONSOLIDATION) NOTIFICATION

LIVE PEARL OYSTERS CULTIVATION AREA
(CONSOLIDATION) NOTIFICATION



(Cap. 307, section 5)

[5 June 1959.]

1. This notification may be cited as the Live Pearl Oysters
Cultivation Area (Consolidation) Notification.

2. The places specified in the Schedule are declared as areas within
which live pearl oysters may be cultivated for the culture of pearls.






1981 Ed. Live Pearl Oysters Cultivation
Area (Consolidation) Notification






1981 Ed. Live Pearl Oysters Cultivation
Area (Consolidation) Notification




1981 Ed. Live Pearl Oysters Cultivation
Area (Consolidation) Notification G.N. 772/59. G.N. 1835/59. G.N. 618/64. G.N. 96/66. G.N. 2556/76. L.N. 60/81. Citation. Declaration of cultivation areas of live pearl oysters. L.N. 60/81. G.N. 772/59. G.N. 2556/76. G.N. 1835/59. G.N. 618/64.

G.N. 772/59. G.N. 1835/59. G.N. 618/64. G.N. 96/66. G.N. 2556/76. L.N. 60/81. Citation. Declaration of cultivation areas of live pearl oysters. L.N. 60/81. G.N. 772/59. G.N. 2556/76. G.N. 1835/59. G.N. 618/64.

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PEARL CULTURE (CONTROL) REGULATIONS

PEARL CULTURE (CONTROL) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... A2

3. Application for licence ... ... ... ... ... ... ... ... ... ... ... A 2

4. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

5. Payment of royalties to be condition of licence ... ... ... ... ... ... A 2

6. Royalty ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

7. Ascertainment of net profit ... ... ... ... ... ... ... ... ... ... A 3

8. Power of the Financial Secretary to call upon the licensee and certain persons
dealing with the licensee to produce books and statements of account ... A 3

9. Payment of royalty ... ... ... ... ... ... ... ... ... ... ... ... A 4

10. Record and accounts ... ... ... ... ... ... ... ... ... ... ... ... A 4

11. Half-yearly returns ... ... ... ... ... ... ... ... ... ... ... ... A 4

12. Marking of cultivation areas ... ... ... ... ... ... ... ... ... ... A 5

13. Size of rafts ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5

14. Mooring of rafts ... ... ... ... ... ... ... ... ... ... ... ... ... A 5

15. Marking of rafts ... ... ... ... ... ... ... ... ... ... ... ... ... A 5

16. Notice of removal of rafts ... ... ... ... ... ... ... ... ... ... ... A 5

17. Inspection of rafts ... ... ... ... ... ... ... ... ... ... ... ... A 6

18. Protection of Pteria oysters ... ... ... ... ... ... ... ... ... ... A 6

19. Conservation of pearl oysters ... ... ... ... ... ... ... ... ... ... A 6

20. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 6





PEARL CULTURE (CONTROL) REGULATIONS

(Cap. 307, section 15)

[15 May 1959]

1. These regulations may be cited as the Pearl Culture (Control)
Regulations.

2. In these regulations, unless the context otherwise requires-

'embedding' means the insertion of a foreign body into an oyster for
the purpose of producing a cultured pearl;

'harvest' means the removal of pearl oysters from cultivation areas for
the purpose of extracting pearls therefrom.

3. Every application for the grant of a licence under section 6 of the
Ordinance shall be made in writing addressed to the Director; and the
Director may upon receipt of such application request from the applicant
such further information relating thereto as may appear to him necessary
for the purpose of determining the suitability of the applicant for grant
of a licence.

4. The grant or renewal of every licence shall be subject to
payment in advance of the following fees

(a) in the case of a temporary licence, $1,000; and

(b) in the case of a licence, $5,000.

5. The payment of the royalties prescribed under these regulations
shall be a condition of every licence granted under section 6 of the
Ordinance.

6. (1) The licensee shall pay to the Government for each twelve-
monthly period of his licence a royalty calculated on his net profit for
that period derived from the cultivation of pearl oysters and the culture
of pearls under his licence and from the sale of such pearl oysters and
pearls.

(2) Such royalty shall be-

(a)for each of the first 3 twelve-monthly periods, 15 per cent of
such net profit; and

(b) for the fourth and each subsequent nt twelve-monthly
period,
25 per cent of such net profit.

(3) For the purposes of this section, the period during which a
licensee is operating under a temporary licence granted under
subsection (1)(a) of section 6 of the Ordinance shall, where such licence
is not followed by a licence under subsection (1)(b) of that section, be
deemed to be a twelve-monthly period.





7. (1) The net profit referred to in regulation 6 shall be ascertained
in accordance with Part IV of the Inland Revenue Ordinance:

Provided that

(a)in making the deduction set forth in section 16 of the said
Ordinance due regard shall be had to the current level of prices
and costs, so that any such deduction shall be limited to a sum
which in the opinion of the Financial Secretary is reasonable,
and so that allowance of any sum by way of depreciation of a
capital asset shall be limited to an amount which represents the
allowance approved under Part VI of the said Ordinance on
what in the opinion of the Financial Secretary is a reasonable
price for such asset;

(b)in ascertaining the net profit as aforesaid, no deduction shall
be made in respect of any sum which may be payable as
royalty by the licensee to the Government;

(e)for the purpose of ascertaining the net profit as aforesaid, all
sales of pearl oysters and pearls shall be deemed to have taken
place in the Colony.

(2) The Financial Secretary and any person authorized by him in
writing shall for the purpose of ascertaining the net profit be an
authorized representative of the licensee for the purposes of section 4 of
the Inland Revenue Ordinance to the intent that the Commissioner of
Inland Revenue and any assessor or person appointed to carry out
duties under the said Ordinance shall, on demand by the Financial
Secretary, disclose all such matters relating to the alTairs of the licensee
as the Financial Secretary or such authorized person may require, and
such disclosure shall not be a breach of the duties imposed by the said
section upon the person making it.

(3) In the event of the licensee failing to agree with the
ascertainment of net profit made by the Financial Secretary, an appeal,
by way of petition, shall lie to the Governor in Council whose decision
shall be final.

8. (1) It shall be lawful for the Financial Secretary for the purpose of
ascertaining the net profit of the licensee during any period in respect of
which royalty is payable under the provisions of regulation 6 or of
ascertaining whether any deduction which the licensee has made or may
be seeking to make from profits is reasonable, by writing under his hand
to call upon the licensee and any person (other than a bank) who has
entered into any agreement with the licensee to produce to such person
and at such time and place as may by any general or particular
description be specified in such writing such books and statements of
account (including bank statements) as he may by such writing require.

(2) The licensee or any person aggrieved by any exercise of the
discretion conferred upon the Financial Secretary may appeal, by way of
petition, to the Governor in Council whose decision shall be final.





(3) Subject to the right of appeal conferred by paragraph (2), it
shall be an offence to fail to comply with any requirement lawfully made
under paragraph (1) or any requirement which may have been confirmed
or substituted therefor on appeal under paragraph (2): Penalty: a fine of
$100 in respect of each day during which such failure continues.

9. The royalty referred to in regulation 6 shall be paid within 14
days of the dispatch to the licensee of the notice of ascertainment of
the net profits:

Provided that if the net profits have not been ascertained within 6
months of the end of the twelve-monthly period for which the royalty is
due a provisional royalty equal to 5 per cent of the licensee's gross
sales shall be payable forthwith. As soon as the net profit has been
ascertained a final adjustment shall be made and the Government shall
refund any sum paid by way of provisional royalty in excess of the
royalty due for that twelve-monthly period, or if the amounts paid by
way of provisional royalty by the licensee are less than the royalty due,
the licensee shall pay to the Government the balance thereof.

10. Every licensee shall keep in relation to the culture of pearls
carried on by him

(a)accurate and regular accounts of all sales by or on his behalf
of cultured pearls; and

(b) an accurate record of-

(i) the total number of live pearl oysters collected,
purchased or acquired, otherwise than by cultivation;

(ii) the total number of pearl oysters under cultivation from
time to time,

(iii) the total number of pearl oysters embedded from time to
time and the dates upon which embedding was effected;

(iv) the total number of pearl oysters harvested from time to
time and the dates upon which harvesting was effected; and

(v) the total number of pearls extracted from pearl oysters
so harvested.

11. It shall be the duty of every licensee to render to the Director
not later than 31 January and 31 July in each year a half-yearly situation
report showing

(a)a statement of account of sales of cultured pearls during the
preceding half year, that is to say, the half year ending on 31
December or 30 June, as the case may be;

(b)the total number of live pearl oysters collected, purchased or
acquired, otherwise than by cultivation during the preceding
half year;





(c)the total number of pearl oysters under cultivation by him as at
the preceding 31 December or 30 June, as the case may be;

(d)the total number of oysters embedded as at the preceding 31
December or 30 June, as the case may be;

(e)the total number of pearl oysters harvested during the
preceding half year; and

the total number of pearls extracted during the preceding half
year.

12. The licensee of every cultivation area shall mark such area by
means of buoys of such type and in such number and sited in such
manner as the Director shall approve and the licensee shall cause to be
exhibited from each such buoy between the hours of sunset and sunrise
a fixed white light visible all round for a distance of not less than 3
kilometres.

13. No licensee shall use or cause or permit to be used any raft
which is so constructed as to exceed 150 metres in length or 20 metres in
breadth.

14. Every licensee shall cause each raft used by him to be at all
times anchored to the satisfaction of the Director.

15. (1) Every licensee shall cause his name to be marked in
conspicuous lettering in English upon each and every raft used by him
and between sunset and sunrise shall cause to be exhibited the
following lights

(a)in the case of a raft exceeding 50 metres in length, a fixed white
light visible all round for a distance of not less than 1500
metres situated at each end of the raft at a height of not less
than 2 metres above water level; and

(b)in the case of any raft not exceeding 50 metres in length, a
fixed white light visible all round for a distance of not less than
1500 metres situated midway along the length of the raft at a
height of not less than 2 metres above water level.

(2) Where by reason of any emergency any raft is temporarily
moved out of a cultivation area to any other place, the licensee of the
area from which it is removed shall cause such raft to be marked for the
purpose of identification at all times during which it is outside the
cultivation area, in addition to the marks specified in paragraph (1), by a
rectangular flag flown from the raft and of a size not less than 900
millimetres by 600 millimetres bearing the name of such licensee in
conspicuous lettering in English.

16. If any raft is moved from a cultivation area the licensee of that
area shall give prior notice of his intention to move the raft to the
Director; and, in any case in which it is not reasonably possible in the
circumstances to give such notice prior to moving the raft, such notice
shall be given so soon as reasonably practicable after removal is
effected.





17. (1) The Director and any person authorized in that behalf by
him may at any time by day or by night inspect any raft including all
moorings, marks, cages and other equipment whatsoever ancillary
thereto.

(2) If any person resists or obstfucts any inspection authorized by
paragraph (1), he shall be guilty of an offence against this regulation.

18. (1) No person shall wilfully kill, or cause to be killed, any oyster
of the genus Pteria which measures less than 57 millimetres when
measured through a plane drawn at right angles to the hinge.

(2) Any person who contravenes any of the provisions of this
regulation shall be guilty of an offence and liable to a fine of $10,000 and
6 months imprisonment.

19. For the purpose of conserving the natural stocks of pearl
oysters in the waters of the Colony, the Director may from time to time
by notification in the Gazette prohibit the collection of pearl oysters, or
restrict the number of pearl oysters which may he collected, in any
particular area or areas specified by him in such notification during such
periods or during such seasons as may be specified in such notification.

20. Any person who contravenes any of the provisions of
regulations 10 to 17 inclusive shall be guilty of an offence and liable to a
fine of $500 and in the case of a continuing offence to a further daily
penalty of $10; and in the case of any contravention of any notification
made under regulation 19 to a fine of 51,000 and imprisonment for 6
months and in the case of a continuing offence to a further daily penalty
of $50 a day.
G.N.A. 31/59. G.N.A. 85/60. G.N.A. 20/61. L.N. 60/81. Citation. Interpretation. Application for licence. Fees. G.N.A. 20/61. Payment of royalties to be condition of licence. Royalty. Ascertainment of net profit. (Cap. 112.) Power of the Financial Secretary to call upon the licensee and certain persons dealing with the licensee to produce books and statements of account. Payment of royalty. Record and accounts. Half-yearly returns. Marking of cultivation areas. L.n. 60/81. Size of rafts. L.N. 60/81. Mooring of rafts. Marking of rafts. L.N. 60/81. Notice of removal of rafts. Inspection of rafts. Protection of Pteria oysters. G.N.A. 85/60. Conservation of pearl oysters. Penalties.

G.N.A. 31/59. G.N.A. 85/60. G.N.A. 20/61. L.N. 60/81. Citation. Interpretation. Application for licence. Fees. G.N.A. 20/61. Payment of royalties to be condition of licence. Royalty. Ascertainment of net profit. (Cap. 112.) Power of the Financial Secretary to call upon the licensee and certain persons dealing with the licensee to produce books and statements of account. Payment of royalty. Record and accounts. Half-yearly returns. Marking of cultivation areas. L.n. 60/81. Size of rafts. L.N. 60/81. Mooring of rafts. Marking of rafts. L.N. 60/81. Notice of removal of rafts. Inspection of rafts. Protection of Pteria oysters. G.N.A. 85/60. Conservation of pearl oysters. Penalties.

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PEARL CULTURE (CONTROL) ORDINANCE

LAWS OF HONG KONG

PEARL CULTURE (CONTROL) ORDINANCE

CHAPTER 307


REVISED EDITION 1984

PRINTED AND PUBLISHED BY THE GOVERN.MENT PRINTER
HONG KONG





CHAPTER 307

PEARL CULTURE (CONTROL) ORDINANCE

ARRANGEMENT OF SECTIONS

Section

1. Short title ............................. ... ... ... ... ... ... ...
2. Interpretation ......................... ... ... ... ... ... ... ... ...

3. Production in evidence of type specimens of pearl oysters ... ... ... ... ... 2

4. Appointment of officers .................... ... ... ... ... ... ... ... 3
5. Prescription of cultivation areas .......... ... ... ... ... ... ... ... ...
3

6. Licensing 1 ................................ ... ... ... ... ... ... ... 3

7. Director empowered to issue instructions as to cultivation of pearl oysters ... 4

8. Pearl oysters not to be cultivated except under licence . ... ... ... ... 4

9. Protection of oyster beds and rafts..... ... ... ... ... ... ... ... ... ...

10................Property in pearl oysters ... ... ... ... ... ... ... ... ... ... ... 5
11................Power of search and seizure.. ... ... ... ... ... ... ... ... ... ... 5

12............Power of arrest ................. ... ... ... ... ... ... ... ... ... 5

13.........Forfeiture ..................... ... ... ... ... ... ... ... ... ... 5
14.........Contiguous areas ............... ... ... ... ... ... ... ... ... ... ... 6
15.........Regulations .................. ... ... ... ... ... ... ... ... ... 6

16. Amendment ot'Schedule.......... ... ... ... ... ... ... ... ... ... ... 7

17,......Saving ........................... ... ... ... ... ... ... ... ... ... 7

Schedule. Pearl Oysters..................... ... ... ... ... ... ... ... ... ... 7





CHAPTER 307

PEARL CULTURE (CONTROL)

Toconserve the resources of pearl oYsters in the Colo~~i, and to
regulate the culture qf pearls.

[15 May 1959.1

This Ordinance may be cited as the Pearl Culture (Control)
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'cultivation area' means any area declared under section 5 to be an area
within which live pearl oysters may be kept for the culture of pearls
therein;

'cultivate' in relation to pearl oysters includes any operation for the
purpose of promoting the propagation or growth of such oysters;
(Aniended, 32 of 1960, s. 2)

'culture' in relation to pearl oysters includes any operation directed to
the propagation of pearls in pearl oysters by the process of
inserting foreign bodies into such oysters in order to promote
therein the formation of pearls,

'Director' means the Director of Agriculture and Fisheries;

'licensee' means the holder of a licence issued for the purposes of this
Ordinance by the Director under the hand of a public officer
appointed by him so to do,

'pearl oyster- means any genus or species of oyster specified in the
Schedule; (Replaced, 32 of1960, s. 2)

'process' means the extraction of pearls from pearl oysters and any
subsequent operation. including polishing. leading to the
preparation of the extracted pearl for marketing;

'raft' includes any device or structure used or intended to be used for
the cultivation of pearl oysters;

,'vessel' means any ship, junk, sampan. boat or other description of
craft within the waters of the Colony, but does not include
registered ocean going ships nor any ships or vessels belonging to
Her Majesty or the Government of any foreign power or the
Government of any Commonwealth Country or the Government of
the Republic of Ireland.

3. (1) The Director may keep in his custody in sealed bottles type
specimens of pearl oysters which when produced by the Director or on
his behalf in any court shall be presumed, without further proof, to be
type specimens of such oysters.





(2) Any member of the public shall on application to the Director be
entitled during office hours to examine such type specimens free of
charge.

4. (1) The Governor may appoint in writing any number of public
officer to be

(a) fisheries inspectors and

(b) assistant fisheries inspectors (

(2) Appointments made under this section may be made to give
effect to the purposes of this Ordinance generally or may be limited to
such purposes as may be specified in the appointment.

5. The Director may, from time to time by notification in the
Gazette, declare any area within the waters of the Colony to be an
area within which live pearl oysters may be cultivated for the culture of
pearls.

6. (1) Upon payment of such fees as may be prescribed by
regulations made under section 15, the Director may grant to any
person applying therefor

(a)a temporary licence for a period of 6 months renewable at
the discretion of the Commissioner. for further periods of 6
months each but not exceeding an aggregate period of 2
years; or (Replaced, 32 of 1960, s. 3)

(b)a licence for a period of 5 years renewable for further
periods of 5 years each. (Aniended, 32 of 1960, s.
3)

(2) Every licence granted under this section shall-

(a)specify the cultivation area in respect of which it is granted;
and

(b)be granted subject to any regulations made under section
15; and

(c)be granted subject to any conditions which may be specified
in such licence by the Director.

(3) Any licence granted under this section shall be liable to
cancellation by the Director

(a) upon the breach of any condition thereof.,

(b)if the Director is satisfied that the licensee is for any reason
unable or incompetent to carry out any of the purposes for
which the licence was granted or has failed to discharge any
of his duties under this Ordinance or any regulations made
thereunder; or (Amended, 32 of 1960, s. 3)

(c) if the licensee is convicted of any offence against any of the

provisions of this Ordinance.(Added, 32 of 1960, s.
3)





(4) No licence granted under this section shall be construed as
granting any right to occupy or to use, except for the purpose of
mooring rafts, any land, whether the same be covered by water or not, or
as granting any right to the exclusive use of any waters except in so far
as the purpose aforesaid requires.

(5) Notwithstanding anything contained in this section, the
Director may in his discretion, and subject to such conditions or
restrictions as he may think fit, in lieu of granting a licence, grant free of
charge to any person or organization permission in writing to engage
solely in scientific research work relating to the culture of pearls or the
cultivation of pearl oysters; and such permission shall, for the purposes
of this Ordinance, be deemed to be a sufficient licence for the carrying
on of such work and matters necessarily incidental thereto. (Added, 32 of
1960, s. 3)

7. (1) The Director may, from time to time, issue to all or ariv
licensees instructions in writing as to any matter concerning the
cuitivation of pearl oysters or the culture of pearls therein.

(2) In addition to any condition which may under section 6(2)(c) be
specified in any licence granted under that section, it shall be a
condition of every such licence that the licensee shall carry out. or
cause to be carried out. to the satisfaction of the Director, within the
cultivation area in respect of which he is licensed. any instructions
issued to him under this section.

8. (1) Except under and in accordance with a licence granted under
this Ordinance, no person shall, within the waters of the Colony

(a) cultivate any pearl oyster.. or

(b) culture any pearl.

(2) Any person who acts in contravention of any of the provisions
of subsection (1) shall be guilty of an offence and shall be liable to a
fine of $20,000 and to imprisonment for 12 months. (Replaced, 32 of 1960
s. 4)

(3) Nothing in this section shall be construed to prevent the
temporary removal, for such period as may be necessary in the
circumstances, of any raft from a cultivation area to a place of safety
owing to stress of weather or to the presence within such area of the
phenomenon commonly known as---redtide' or to the imminence of
either.

9. (1) Any person who-

(a)without the consent of the owner thereof, wilfully moves,
damages or otherwise interferes with any raft; or

(b)having reasonable grounds to believe that damage may result,
wilfully deposits, or causes or suffers to be deposited, either
on land or in the sea. any chemical or other





substance or thing in such a place or in such a manner as to
injure or to be likely to injure any pearl oyster in any
cultivation area or to pollute or to be likely to pollute the
waters in any such area.

shall be guilty of an offence, and shall be liable to a fine of 520.000 and
to imprisonment for 12 months. (Aniended, 32 of1960, s. 6 and 41 of 1980, s.
50)

(2) No offence under subsection (1) is committed by a person who
makes a discharge or deposit under and in accordance with


(a)a licence granted under section 20 of the Water Pollution
Control Ordinance or

(b) an exemption which arises under section 15 of that Ordin-
ance. (Added 41 of 1980, s. 50)

10. All pearl oysters which are within the boundaries of any
cultivation area. whether collected or not. shall be the absolute property
of the licensee, if any. of such area.

11. Any fisheries inspector or assistant fisheries inspector may
without warrant

(a)board any vessel and search the same and every part thereof,
and

(b)seize, remove and retain any pearl oysters or pearls in respect
of which he finds or has reasonable cause to suspect that an
offence against this Ordinance has been committed, and, in the
case of any such pearl oysters which are alive, may return them
to their natural habitat.

12. (1) It shall be lawful for any fisheries inspector or any assistant
fisheries inspector to apprehend without warrant any person whom he
may reasonably suspect of having contravened any of the provisions of
section 8(1) or of section 9.

(2) If any person forcibly resists an endeavour to arrest him under
this section or attempts to evade such arrest, the person effecting the
arrest may use all reasonable means necessary to effect the arrest.

(3) Every person apprehended under this section shall. as soon as
circumstances permit. be delivered into the custody of a police officer.

13. (1) It shall be lawful for a magistrate to order to be forfeited to
the Crown any pearl oysters or pearls with respect to which an offence
against this Ordinance or any regulations made thereunder has been
committed, whether any person has been convicted of such offence or
not, and upon the making of such order for forfeiture all such pearl
oysters or pearls, as the case may be, shall become the property of the
Crown free from all rights of any other person.





(2) Before making any such order, the magistrate shall give to
any person claiming or appearing to the magistrate to be the owner
of such pearl oysters or pearls an opportunity of being heard, and if
such person satisfies the magistrate that-

(a) he is the owner of the pearl oysters or pearls; and

(b) he was not implicated in the commission of such offence,

the magistrate shall order that such pearl oysters or pearls be
delivered to such person.

(3) It shall be lawful for the Governor in his absolute discre-
tion to give effect to any claim for relief from such forfeiture where
such claim is established to his satisfaction on equitable, moral or
other grounds.

14. Where 2 or more cultivation areas held by different
licensees are contiguous to each other, and any proceeding is taken
against any person for stealing pearl oysters from any such area, it
shall be sufficient in alleging and proving the property and lawful
possession, in such oysters, and the place from which they were
stolen, to allege and prove that they were the property of and in the
lawful possession of one or other of such licensees and were stolen
from one or other of such contiguous areas.

15. (1) The Governor in Council may by regulation prescribe
or provide for-

(a)all matters which by this Ordinance are required or per-
mitted to be prescribed;

(b)the manner in which application for licences shall be made.
and the forms to be used in connexion therewith;

(e) the fees to be paid for licences;

(d)the payment of royalties to the Government, the method of
calculation of the amount of such royalties and the manner
and time of payment;

(e)the manner in which the boundaries of cultivation areas
shall be marked;

(f) the duties of licensees;

(g)the making, construction and marking of rafts and the
manner of anchoring them;

(h)inspection of rafts and cultivation area and any kind of
oysters found there;

(i)the conservation of pearl oysters or the spawn thereof in
the waters of the Colony and the promotion of economical
methods of collection and cultivation of such oysters and
the culture of pearls;(Aniended, 32 of 1960, s. 7)





(j)the size, types or numbers of pearl oysters which may be
collected or harvested or in which pearls may be cultured.,
(Amended, 32 of 1960, s. 7)

(k)returns and reports to be rendered and accounts. registers,
books, records and plans to be kept by licensees, and the
manner of rendering or keeping them;

(1)the disposal of any noxious or waste matter resulting from the
collecting or harvesting of pearl oysters or the processing of
pearls; and

(m)the safety, welfare, health and working conditions of divers.

(2) Regulations made under this section may provide that any
contravention of any such regulations shall be an offence and may
prescribe penalties therefor not exceeding a fine of $10,000 and to
imprisonment for 6 months and in the case of a continuing offence a
further daily penalty of a fine not exceeding S50 (Amended, 32 of 1960,
s. 7)

16. The Governor in Council may by order published in the Gazette
amend or cancel the Schedule.

(A Added, 32 of 1960, s. 8)

17. Except as provided in the proviso to regulation 7 of the
Merchant Shipping (Minor Fisheries) Regulations, nothing in this
Ordinance shall be construed to the prejudice of any of the provisions
of the Merchant Shipping Ordinance.

SCHEDULE [s. 2.1

PEARL OYSTERS

All species of the genus Pteria.

All species of the genus Pinctada.

(Added, 32 qf 1960, s. 9)
Originally 26 of 1958. 14 of 1959. 32 of 1960. 41 of 1980. G.N.A. 30/59. Short title. Interpretation. Schedule. Production in evidence of type speciments of pearl oysters. Appointment of officers. Prescription of cultivation areas. Licensing. Director empowered to issue instructions as to cultivation of pearl oysters. Pearl oysters not to be cultivated except under licence. Protection of oyster beds and rafts. (Cap. 358.) Property in pearl oysters. Power of search and seizure. Power of arrest. Forfeiture. Contiguous areas. Regulations. Amendment of Schedule. Saving. (G.N.A. 112/53.) (Cap. 281.)

Originally 26 of 1958. 14 of 1959. 32 of 1960. 41 of 1980. G.N.A. 30/59. Short title. Interpretation. Schedule. Production in evidence of type speciments of pearl oysters. Appointment of officers. Prescription of cultivation areas. Licensing. Director empowered to issue instructions as to cultivation of pearl oysters. Pearl oysters not to be cultivated except under licence. Protection of oyster beds and rafts. (Cap. 358.) Property in pearl oysters. Power of search and seizure. Power of arrest. Forfeiture. Contiguous areas. Regulations. Amendment of Schedule. Saving. (G.N.A. 112/53.) (Cap. 281.)

https://oelawhk.lib.hku.hk/items/show/3165

REGISTERED TRUSTEES INCORPORATION ORDINANCE

LAWS OF HONG KONG

REGISTERED TRUSTEES INCORPORATION

ORDINANCE

CHAPTER 306

0OF
F

REVISED EDITION 1982

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 306

REGISTERED TRUSTEES INCORPORATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... .. ... ... ... ... 2
3. Application for certificate of incorporation ... ... ... ... ... ... ... ... 3
4. Grant of a certificate of incorporation ... ... ... ... ... ... ... ... ... 3
5. Notice of incorporation and validity of certificate ... ... ... ... ... ... ... 4
6. Common seal ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
7. Vesting of land ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
8, Change of trustees ... ... ... ... ... ... ... ... ... ... ... ... ... 4
9. Notification of change of principal office or trustees ... ... ... ... ... ... 5
10. Registers and documents ... ... ... ... ... ... ... ... ... ... ... ... 5
11. Liability of trustees notwithstanding incorporation ... ... ... ... ... ... ... 6
12. Gifts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6
13. [Repealed) ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6
14. Enforcement of conditions and directions ... ... ... ... ... ... ... ... ... 6
is. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6

First Schedule. Particulars to accompany application for registration ... ... ... ... 6

Second Schedule..Fees........................... ... ... ... ... ... ... ... ... 7





CHAPTER 306

REGISTERED TRUSTEES INCORPORATION

To facilitate the incorporation of trustees appointed by certain bodies,
associations and communities of persons, and of trus-

tees of charities and to make provision for purposes connected
therewith.

(Amended, 14 of 1968, s. 2)

18 July 1958.]

1. This Ordinance may be cited as the Registered Trustees
Incorporation Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'body of persons' means

(a)any community of persons bound together by custom, religion,
kinship, nationality or regional or local interests; or

(b)any body or association of persons established for any
charitable purpose; (Amended, 14 of 1968, s. 3 and 74 of
1974,s.3)

'certificate' means a certificate of incorporation granted under section
4;

'charitable purpose' includes

(a) the relief of poverty;

(b)the advancement of art, education, learning, literature, science
or research;

(c) the making of provision for-

(i) the cure, alleviation or prevention of, or

(ii) the care of persons suffering from or subjected to,

any disease, infirmity or disability affecting human beings
(including the care of women before, during and after child
birth);

(d) the advancement of religion;

(e) any ecclesiastical purpose;

(f)the promotion of the moral, social and physical well-being of
the community; and

(g)any other purpose beneficial to the community not specified in
paragraphs (a) to (f); (Added, 74 of 1974, s.3)

'charity' means any trust or organization established by deed or
otherwise for a charitable purpose; (Added, 14 of 1968, s. 3.
Amended, 74 of 1974, s. 3)





'corporation' means trustees incorporated in accordance with the
provisions of this Ordinance and their successors in office;

'Registrar' means the Registrar of Companies.

(2) Where the objects of any body of persons or charity
involve the acquisition of gain by such body of persons or charity
or any of its individual members or trustees, as the case may be,
such body of persons or charity shall not be a body of persons
or charity for the purposes of this Ordinance. (Added, 14 of
1968,s.3)

(3) For the purposes of subsection (2), the receipt by an
individual member or trustee of any body of persons or charity
of remuneration in respect of any professional services rendered
to such body of persons or charity where the will, deed, rules,
regulations or other instrument creating, constituting or regulating
the same so permits shall not be an acquisition of gain. (Added,
14 of 1968, s. 3)

3. (1) The duly appointed trustees, who shall in number be
not less than 3 nor more than 7, for the time being of any body of
persons or charity may apply to the Registrar for a certificate of
incorporation. (Amended, 14 of 1968, s. 4)

(2) Every application shall be-

(a) in writing signed by the trustees;

(b) franked denoting payment of the prescribed fee;

(c)accompanied by the particulars specified in the First
Schedule or such of them as are applicable to the case; and

(d)accompanied by the documents specified in that Schedule
or such of them as are applicable to the case. (Replaced,
14 of 1968, s. 4)

(3) The Registrar may require such declaration or other
evidence in verification of the statements and particulars in the
application, and such other particulars, information and evidence,
if any, as he may think fit.

4. (1) If the Governor, having regard to the nature and
objects and other circumstances of a body of persons or charity in
respect of which application has been made for a certificate in
accordance with the provisions of section 3, considers the incorpora-
tion of the trustees of such body or charity expedient, he may, upon
payment to the Registrar of the prescribed fee therefor, grant a
certificate of incorporation, and such certificate shall be subject
to such conditions or directions as may be inserted therein; and
the Governor may at any time cancel or amend such certificate.
(Amended, 14 of 1968, s. 5 and 49 of 1968, s. 2)





(2) From the date of the grant of the certificate, the trustees and
their successors in office shall be a body corporate by the name set
forth in the certificate and in that name shall have perpetual succession,
and may sue and be sued, and shall have and use a common seal.

(3) Subject to the conditions or directions (if any) inserted in the
certificate, the corporation shall have power to acquire and hold and by
instrument under its common seal to convey, assign, demise, surrender,
exchange, mortgage or otherwise deal with any movable or immovable
property in such and the like manner and subject to such restrictions
and provisions as such trustees might without such incorporation
acquire, hold, convey, assign, demise, surrender, exchange, mortgage or
otherwise deal with the same for the purposes of such body of persons
or charity. (Amended, 14 of 1968 s. 5 and 74 of 1974, s. 3)

5. (1) When the Governor has granted, cancelled or amended a
certificate, the Registrar shall cause notice thereof to be published in the
Gazette.

(2) A certificate shall be conclusive evidence that all preliminary
requirements of this Ordinance in respect of such incorporation have
been complied with, and the date of such certificate shall be deemed to
be the date on which incorporation took place.

6. (1) The common seal of a corporation shall bear such device as
may be approved by the Registrar, and shall bear the name of the
corporation.

(2) The seal shall not be changed except with the consent of the
Registrar, who, if satisfied that such change is necessary or desirable,
may upon paymnet of the prescribed fee give his consent thereto.

7. Where-

(a)any land belongs to or is held in trust for a body of persons or
charity; and

(b)trustees of that body or charity have been incorporated under
this Ordinance,

the person whose name appears in the Land Office register as the owner
of the land shall, on being required to do so by the corporation, cause
the land to be assigned to the corporation; and on the land being so
assigned, it shall vest in the corporation in trust for the body of persons
or charity, as the case may be.

(Replaced, 74 of 1974, s. 3)

8. Where a certificate has been granted, vacancies in the number of
the trustees shall from time to time be filled so far as is required by the
constitution, settlement or rules of the body of persons or charity or by
such conditions or directions as may be





contained in the certificate, by such legal means as would have been
available for the appointment of new trustees of such body of
persons or charity if no certificate had been granted, or otherwise as
may be required by such conditions or directions aforesaid.
(Amended, 14 of 1968, s. 7 and L.N. 20179)

9. (1) Notice of any change in the situation of the principal
office shall be given not later than 28 days after the change, to the
Registrar.

(2) Within 28 days after the appointment of each new trustee,
a notification thereof by the corporation containing particulars of
the full name and aliases (if any), residential address, occupation
and nationality of the new trustee, together with such evidence as the
Registrar may require of such appointment and the consent in
writing of such new trustee to his appointment, shall be delivered to
the Registrar. (Amended, 13 of 1966, Schedule)

(3) Within 28 days after the death, resignation or removal of a
trustee, a notification thereof by the corporation shall be delivered
to the Registrar together with such evidence as the Registrar may
require. (Amended, 13 of 1966, Schedule)

(4) The Registrar, if satisfied with the evidence produced to
him under this section, shall, upon payment of the prescribed fee,
register the change in the address of the principal office or the
appointment of any new trustee and the death, resignation or
removal of any trustee who has died, resigned or been removed, as
the case may be. (Amended, 13 of 1966, Schedule)

(5) Where any corporation fails to give notice as required by
this section, every trustee shall be guilty of an offence and shall be
liable on summary conviction to a fine of $500:

Provided that it shall be a good defence for any trustee to prove
that he did not know and could not readily have learnt of such
change or in the case of a newly appointed trustee that he did not
give his consent to such appointment and did not act as a trustee.
(Amended, 13 of 1966, Schedule)

10. (1) The Registrar shall maintain a register of all corpora-
tions and shall have custody of all applications for certificates of
incorporation of such corporations, and all documents submitted in
connexion therewith.

(2) Such register shall be open to inspection by the general
public during office hours on payment of the prescribed fee.

(3) Upon payment of the prescribed fee, any person may
inspect any document registered with or kept by the Registrar under
the provisions of this Ordinance and may require a copy or extract
of any such document to be made and certified under the hand of the
Registrar.





11. After a certificate has been granted under the provisions of this
Ordinance, all trustees constituting the corporation in respect of which
the certificate has been granted, notwithstanding their incorporation,
shall be chargeable for such property as comes or has come into their
hands, and shall be answerable and accountable for their own acts,
receipts, neglects, and defaults and for the due administration of the
trusts and property in the same manner and to the same extent as if no
such incorporation had been effected.

12. After the incorporation of the trustees of any body of persons
or charity in accordance with the provisions of this Ordinance, every
donation, gift and disposition of property theretofore lawfully made but
not having taken effect, or thereafter lawfully made by deed, will or
otherwise to or in favour of such body or charity or the trustees thereof,
or otherwise for the purposes thereof, shall take effect as if the same had
been made to or in favour of the corporation or otherwise for the like
purposes.

(Amended, 14 of 1968, s. 8)

13. [Repealed, 41 of 1969, s. 41

14. All conditions and directions inserted in any certificate shall be
binding upon and performed or observed by the corporation as trusts of
the body of persons or charity for which it is trustee.

(Amended, 14 of 1968, s. 10)

15. (1) The fees payable under the provisions of this Ordinance
shall he as set out in the Second Schedule, and shall be taken in the
office of the Registrar and paid into the general revenue of the Colony.

(2) The Governor in Council may by order amend the Second
Schedule:

Provided that no such order shall come into operation until it has
been approved by resolution of the Legislative Council.

FIRST SCHEDULE [s. 3(2).]

PARTICULARS TO ACCOMPANY APPLICATION FOR
REGISTRATION

1 The nature and the objects of the body of persons or charity, and the rules
and regulations of the same, together with a copy of every deed, will, or other
instrument, if any, creating, constituting or regulating the same. (Amended, 14 of
1968, s. 11)

2. A statement and short description of the property of every kind which at
the date of application is possessed by, or belongs to, or is held on behalf of the
body of persons or charity. (Amended, ]4 of 1968, s. 11)

3. The names, including aliases, if any, residential addresses, occupations and
nationalities of the trustees of the body of persons or charity. (Amended, 14 of
1968, s. 11)

4. The proposed title of the corporation of which title the words 'Trustees'
and -Incorporated' shall form part.

5. The address of the principal office of the corporation.

6. The proposed device of the common seal which in all cases shall bear the
name of the corporation.

7. The regulations for the custody and use of the common seal.











SECOND SCHEDULE [s. 15(1).]
TABLE OF FEES PAYABLE TO THE REGISTRAR OF COMPANIES
Item Matter in respect of which a fee is payable Fees
1 For an application under section 3 for a certificate 20.00
2. For the granting of a certificate under section 4(1) 200.00
3. For any alteration or amendment to a certificate by the
Governor under section 4(1) 20.00
4. For a change of name or seal under section 6(2) 20.00
5. For registration under section 9(4) of any notification of

the appointment, death, resignation or removal of a trustee- 1

for each trustee .............................................................. 10.00

6. For inspecting the register under section 10(2), for each

inspection ................................ ............. 2.00

7. For inspecting any document relating to a corporation under
section 10(3), for each inspection ................................... 2.00

8.For supplying under section 10(3), a copy of or extract
from any document or part of any document by photostatic
means, per sheet or page ........... 2.00

Provided that where any sheet or page exceeds in size 9
inches by 12 inches, such additional fee not exceeding $3 as the
Registrar may direct, shall be payable.
9...................................For supplying under section 10(3), a copy of or extract
from any document or part of any document where the copy or
extract is made other than by photostatic means, per folio of
100 words or part thereof of the first or top copy 2.00
For each additional copy or extract after the first or top copy,
per folio of 100 words or part thereof 1.00
10..................................For certifying under section 10(3), a copy of or extract
from any document ................10.00

(Replaced, L.N. 72177)
Originally 24 of 1958. 13 of 1966. 14 of 1968. L.N. 115/68. 49 of 1968. 41 of 1969. 74 of 1974. L.N. 72/77. L.N. 20/79. Short title. Interpretation. Application for certificate of imcorporation. First Schedule. Grant of a certificate of incorporation. Notice of imcorporation and validity of certificate. Common seal. Vesting of land. Change of trustees. Notification of change of principal office or trustees. Registers and documents. Liability of trustees notwithstanding incorporation. Gifts. Enforcement of conditions and directions. Fees. Second Schedule.

Originally 24 of 1958. 13 of 1966. 14 of 1968. L.N. 115/68. 49 of 1968. 41 of 1969. 74 of 1974. L.N. 72/77. L.N. 20/79. Short title. Interpretation. Application for certificate of imcorporation. First Schedule. Grant of a certificate of incorporation. Notice of imcorporation and validity of certificate. Common seal. Vesting of land. Change of trustees. Notification of change of principal office or trustees. Registers and documents. Liability of trustees notwithstanding incorporation. Gifts. Enforcement of conditions and directions. Fees. Second Schedule.

https://oelawhk.lib.hku.hk/items/show/3164

PENSIONS (INCREASE) ORDINANCE

doh
LAWS OF HONG KONG

PENSIONS (INCREASE) ORDINANCE

CHAPTER 305

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 305

PENSIONS (INCREASE)

To authorize the grant of increases in pensions.

[21 November 19751

Originally 75 of 1975 85 of 1976, L.N. 192 of 1976, L.N. 184 of 1977, 75 of 1977, L.N. 175
of 1978, L.N. 189 of 1979, L.N. 215 of 1980, L.N. 248 of 1981, L.N. 159 of 1982, L.N.
161 of 1983,58 of 1983, L.N. 116 of 1984, L.N. 129 of 1985, L.N. 119 of 1986, L.N. 135
of 1987,36 of 1987, L.N. 143 of 1988,85 of 1988, R.E. 1988, L.N. 142 of 1989, LN

1. Short title

This Ordinance may be cited as the Pensions (Increase) Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requiresadjusted pension'
means the basic pension plus any authorized increase; authorized increase' means
an increase in the basic pension authorized under section 4;

'basic pension' means the yearly amount of any pension or other allowance
payable by way of periodical paymants under an Ordinance specified in
Schedule 1 and, where part of such pension or allowance has been commuted,
means the yearly amount of the pension or allowance as reduced by the
commutation;

established office', in relation to the holder of an established office, has-

(a)in case the Pensions Ordinance (Cap. 89) applies to such holder, the
meaning assigned to it by section 2 of that Ordinance;

(b)in case the Pension Benefits Ordinance (Cap. 99) or the Pension
Benefits (Judicial Officers) Ordinance (Cap. 401) applies, the meaning
assigned to it by section 2 of the Pension Benefits Ordinance (Cap.
99); (Replaced 85 of 1988 s. 52)

non-established office' means an office which is not an established office;
(Added36 of 1987s. 38)

salary' means-

(a)in the case of a person who held an established office, his
pensionable emoluments as defined in section 2 of the Pensions
Ordinance (Cap. 89), section 2 of the Pension Benefits Ordinance
(Cap. 99) or section 2 of the Pension Benefits (Judicial Officers)
Ordinance (Cap. 401), whichever Ordinance applies to the holder

of the established office; and(Amended 85 of 1988 s. 52)





(b) in the case of a person who held a non-established office, his
salary as defined in regulation 25 of the Pensions Regulations
(Cap. 89 sub. leg.), if the regulations apply to him, or his
pensionable emoluments as defined in section 2 of the Pension
Benefits Ordinance (Cap. 99). if the Ordinance applies to him;
(Replaced 36 of 1987s. 38)

'Scheduled officer' has the same meaning assigned to it by section 2 of the Pension
Benefits Ordinance(Cap. 99). (Added36 of 1987s. 38)

3. Application of Ordinance

(1) This Ordinance shall apply to a basic pension payable-
(a) under the Pensions Ordinance (Cap. 89), the Police Force

Ordinance 1932 (37 of 1932) or the Police Officers (Special Cases)
Pensions Ordinance 1954 (21 of 1954) to a person who is aged
not less than 55; (Replaced 36of 1987s. 38)

(aa) under the Pension Benefits Ordinance (Cap. 99) to a person

(i) who was a serving officer within the meaning of that Ordinance
and who is aged not less than 55;

(ii) who was appointed or re-appointed to service under the
Government on or after 1 July 1987, other than a Scheduled
officer, and who is aged not less than 60;

(iii) who was a Scheduled officer who was appointed or reappointed
to service under the Government on or after 1 July 1987 and who
is aged not less than 60 or who has attained the retirement age
which applies to him prescribed in an order under section 10(3)
of that Ordinance, whichever is the lesser; or

(iv)who is granted a deferred pension under that Ordinance; (Added
36 of 1987 s. 38)

(ab) under the Pension Benefits (Judicial Officers) Ordinance (Cap.

40 1) to a person who was-

(i)a judicial officer appointed before 1 July 1987, and who has
attained the age of 55 years; and

(ii)a judicial officer appointed on or after 1 July 1987, and who has
attained the age or 60 years; (Added 85 of 1988 s. 53)

(b) to a person under section 6(1)(e) of the Pensions Ordinance (Cap.

89) or regulation 26(4)(c) of the Pensions Regulations (Cap. 89
sub. leg.), or under section 11 (1)(h) of the Pension Benefits
Ordinance (Cap. 99) or under section 7(1)(h) of the Pension
Benefits (Judicial Officers) Ordinance (Cap. 401); (Amended 36
of 1987 s. 38; 85 of 1988 s. 53)





(e)to a person who, to the satisfaction of the Governor, is incapacitated
from engaging in full time employment;

(d) to a widow by virtue of the service of her deceased husband; or

(e)in respect of a child by virtue of the service of a deceased officer.
(Replaced 58 of 1983; w.ef. 27.6.80)

(2) As regards a basic pension payable in respect of service which is not
wholly under the Government, an authorized increase shall apply only to that part of
the basic pension payable by the Government in respect of service under the
Government. (Amended36of 1987s. 38)

4. Authorized increases

(1) A basic pension to which this Ordinance applies shall, in respect of any
period beginning on or after the commencement of this Ordinance, be increased in
accordance with such Part of Schedule 2 as is applicable in the particular case.
(Amended 36of 1987s. 38)

(2) Subsection (1) shall apply to a basic pension which is a deferred pension
under the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap. 401) with effect from the date the deferred pension is
granted and shall apply to the commuted pension gratuity of a deferred pension
under the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap. 401) in the same manner as a basic pension as regards the
period from the date the deferred pension is granted to the date when the commuted
pension gratuity is paid. (Added 36 of 1987 s. 38. Amended85of 1988s. 54)

(3) Subsection (1) shall apply to a basic pension which is an additional pension
granted under regulation 31 of the Pensions Regulations (Cap. 89 sub. leg.) or
section 15 of either the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits
(Judicial Officers) Ordinance (Cap. 401). (Added36 of 1987 s. 38. Amended 85 of
1988 s. 54)

(4) Where an officer is granted a pension under section 6(2) of the Pensions
Ordinance (Cap. 89) and opts under regulation 23 of the Pensions Regulations (Cap.
89 sub. leg.) to receive a gratuity (in lieu of part of his pension), then as regards the
period beginning on the date on which the pension is granted and ending on

(a)the day immediately preceding the day on and from which, assuming
he does not sooner die, he could, subject to the provisions of this
Ordinance, expect payment of the pension to be made; or

(b) in case he so dies, the day on which he dies, subsection (1) shall apply
to the gratuity in the same manner as it applies, as regards that period, to a basic
pension mentioned in that subsection. (Added 36 of 1987 s. 38)





5. Authorized increases to he ignored for certain purposes

The amount of an authorized increase shall not be taken into account for the
purposes of section 9 of the Pensions Ordinance (Cap. 89) (except subsection (4)
thereof ), section 21 of the Pension Benefits Ordinance (Cap. 99) (except subsection
(2) thereof ), the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) (except
subsection (2) thereof), or section 8 or 10 of the Widows and Orphans Pension
Ordinance (Cap. 94).

(Replaced 85 of 1976s. 2. Amended 36 of 1987s. 38; 85 of 1988s. 55)

6. Authorized increases to be paid from general revenue

The cost of an authorized increase shall be charged on and paid out of the
general revenue.

(Amended 36 of 1987s. 38)

7. Power to amend Schedules

The Legislative Council may, by resolution, amend any Schedule.

SCHEDULE 1 [s. 21

Pensions Ordinance (Cap. 89) Pension Benefits Ordinance(Cap. 919) (Added36 of
1987s. 38) Pension Benefits (Judicial Officers) Ordinance(Cap. 401) (Added 85 of
1988s. 56) Police Force Ordinance 1932 (37 of 1932) Police Officers (Special
Cases) Pensions Ordinance 1954 (21 of 1954) Widows'and Children's Pensions
Ordinance(Cap. 79) (Added 75 of 1977s. 27)

SCHEDULE 2 [s. 41

PART I
Applicable to a basic pension based on a salary in force
on or before 31 March 1965

1 The basic pension payable on 31 March 1968, plus any increase in pension payable at that
date, may be increased by 8 %.

2. The adjusted pension under paragraph 1 may be further increased by 5%.

3. The adjusted pension under paragraph 2 may be further increased by 4%.

4. The adjusted pension under paragraph 3 may be further increased by 7%.

5. The adjusted pension under paragraph 4 may be further increased by 3%.

6. The adjusted pension under paragraph 5 may be further increased by 8%.

7. The adjusted pension under paragraph 6 may be further increased by 8 %.

8. The adjusted pension under paragraph 7 may be further increased by 10%.





9. The adjusted pension under paragraph 8 may be further increased by 11 %.

10. The adjusted pension under paragraph 9 may be further increased by 6%.

11. The adjusted pension under paragraph 10 may be further increased by 5
%.

12. The adjusted pension under paragraph 11 may be further increased by 8
%.

13. The adjusted pension under paragraph 12 may be further increased by
15%

14. The adjusted pension under paragraph 13 may be further increased by
14%

15. The adjusted pension under paragraph 14 may be further increased by
12%

16. The adjusted pension under paragraph 15 may be further increased by M

17. The adjusted pension under paragraph 16 may be further increased by 11
%

18. The adjusted pension under paragraph 17 may be further increased by
6%.

19. The adjusted pension under paragraph 18 may be further increased by 3%.

20. The adjusted pension under paragraph 19 may be further increased by 3%.

21. The adjusted pension under paragraph 20 may be further increased by
6%.

22. The adjusted pension under paragraph 21 may be further increased by 9%.

PART II
Applicable to a basic pension based on a salary in force from
1 April 1965 to 31 March 1968 inclusive

1.The basic pension payable on 31 March 1969, plus any increase in pension payable at that
date, may be increased by 5 %.

2. The adjusted pension under paragraph 1 may be further increased by 4%.

3. The adjusted pension under paragraph 2 may be further increased by 7%.

4. The adjusted pension under paragraph 3 may be further increased by 3%.

5. The adjusted pension under paragraph 4 may be further increased by 8 %.

6. The adjusted pension under paragraph 5 may be further increased by 8 %.

7. The adjusted pension under paragraph 6 may be further increased by 10%.
8. The adjusted pension under paragraph 7 may be further increased by 11
%. 9. The adjusted pension under paragraph 8 may be further increased by
6%.

10. The adjusted pension under paragraph 9 may be further increased by 5%.

11. The adjusted pension under paragraph 10 may be further increased by
8%.

12. The adjusted pension under paragraph 11 may be further increased by
15%







13. The adjusted pension under paragraph 12 may be further increased by
14%

14. The adjusted pension under paragraph 13 may be further increased by
12%

15. The adjusted pension under paragraph 14 may be further increased by
9%.

16. The adjusted pension under paragraph 15 may be further increased by 11
%

17. The adjusted pension under paragraph 16 may be further increased by
6%.

18. The adjusted pension under paragraph 17 may be further increased by
3%.

19. The adjusted pension under paragraph 18 may be further increased by 3
%.

20. The adjusted pension under paragraph 19 may be further increased by
6%.

21. The adjusted pension under paragraph 20 may be further increased by 9
%.





PART III
Applicable to a basic pension based on a salary in force from
1 April 1968 to 31 March 1969 inclusive

1 The basic pension may be increased by 5%.

2. The adjusted pension under paragraph 1 may be further increased by 4%.
3. The adjusted pension under paragraph 2 may be further increased by 7%.
4. The adjusted pension under paragraph 3 may be further increased by 3%.
5. The adjusted pension under paragraph 4 may be further increased by 8%.
6. The adjusted pension under paragraph 5 may be further increased by 8%.
7. The adjusted pension under paragraph 6 may be further increased by 10%
8. The adjusted pension under paragraph 7 may be further increased by 11
9. The adjusted pension under paragraph 8 may be further increased by 6%.
10. The adjusted pension under paragraph 9 may be further increased by 5%.

11. The adjusted pension under paragraph 10 may be further increased by 8

12. The adjusted pension under paragraph 11 may be further increased by
15

13. The adjusted pension under paragraph 12 may be further increased by
14

14. The adjusted pension under paragraph 13 may be further increased by
12

15. The adjusted pension under paragraph 14 may be further increased by 9

16. The adjusted pension under paragraph 15 may be further increased by
11

17. The adjusted pension under paragraph 16 may be further increased by 6%

18. The adjusted pension under paragraph 17 may be further increased by 3
%

19. The adjusted pension under paragraph 18 may be further increased by 3
%

20. The adjusted pension under paragraph 19 may be further increased by 6%

21. The adjusted pension under paragraph 20 may be further increased by 9%

PART IV
Applicable to a basic pension based on a salary in force from
1 April 1969 to 31 March 1970 inclusive

1 . The basic pension may be increased by 4%.

2. The adjusted pension under paragraph 1 may be further increased by 7%.
3. The adjusted pension under paragraph 2 may be further increased by 3 %.
4. The adjusted pension under paragraph 3 may be further increased by 8
5. The adjusted pension under paragraph 4 may be further increased by 8

6. The adjusted pension under paragraph 5 may be further increased by 10%
7. The adjusted pension under paragraph 6 may be further increased by 11 %
8. The adjusted pension under paragraph 7 may be further increased by 6%.
9. The adjusted pension under paragraph 8 may be further increased by 5 %.
10. The adjusted pension under paragraph 9 may be further increased by 8 %.

11. The adjusted pension under paragraph 10 may be further increased by
15

12. The adjusted pension under paragraph 11 may be further increased by






14





13. The adjusted pension under paragraph 12 may be further increased by 12%
14. The adjusted pension under paragraph 13 may be further increased by 9%.
15. The adjusted pension under paragraph 14 may be further increased by 11 %
16. The adjusted pension under paragraph 15 may be further increased by 6%.
17. The adjusted pension under paragraph 16 may be further increased by 3%.
18. The adjusted pension under paragraph 17 may be further increased by 3 %.
19. The adjusted pension under paragraph 18 may be further increased by 6%.
20. The adjusted pension under paragraph 19 may be further increased by 9%.

PART V
Applicable to a basic pension based on a salary in force from
1 April 1970 to 31 March 1971 inclusive

1. The basic pension may be increased by 7 %.

2. The adjusted pension under paragraph 1 may be further increased by 3%.

3. The adjusted pension under paragraph 2 may be further increased by 8%.

4. The adjusted pension under paragraph 3 may be further increased by 8%.

5. The adjusted pension under paragraph 4 may be further increased by 10
%. 6. The adjusted pension under paragraph 5 may be further increased by
11 %. 7. The adjusted pension under paragraph 6 may be further increased
by 6%.

8. The adjusted pension under paragraph 7 may be further increased by 5%.

9. The adjusted pension under paragraph 8 may be further increased by 8%.

10. The adjusted pension under paragraph 9 may be further increased by 15%.
11. The adjusted pension under paragraph 10 may be further increased by 14%
12. The adjusted pension under paragraph 11 may be further increased by 12%
13. The adjusted pension under paragraph 12 may be further increased by 9%.
14. The adjusted pension under paragraph 13 may be further increased by 11 %
15. The adjusted pension under paragraph 14 may be further increased by 6%.
16. The adjusted pension under paragraph 15 may be further increased by 3%.
17. The adjusted pension under paragraph 16 may be further increased by 3%.
18. The adjusted pension under paragraph 17 may be further increased by 6%.
19. The adjusted pension under paragraph 18 may be further increased by 9%.

PART VI
Applicable to a basic pension based on a salary in force from
1 April 1971 to 31 March 1972 inclusive

L The basic pension maybe increased by 3%.

2. The adjusted pension under paragraph 1 may be further increased by 8 %.

3. The adjusted pension under paragraph 2 maybe further increased by 8%.

4. The adjusted pension under paragraph 3 maybe further increased by 10%.
5. The adjusted pension under paragraph 4 may be further increased by 11 %.





6. The adjusted pension under paragraph 5 may be further increased by 6%.
7. The adjusted pension under paragraph 6 may be further increased by 5 %.
8. The adjusted pension under paragraph 7 may be further increased by 8%.
9. The adjusted pension under paragraph 8 may be further increased by 15 %.
10. The adjusted pension under paragraph 9 may be further increased by 14%.
11. The adjusted pension under paragraph 10 may be further increased by 12%
12. The adjusted pension under paragraph 11 may be further increased by 9 %.
13. The adjusted pension under paragraph 12 may be further increased by 11 %
14. The adjusted pension under paragraph 13 may be further increased by 6%.
15. The adjusted pension under paragraph 14 may be further increased by 3%.
16. The adjusted pension under paragraph 15 may be further increased by 3%.
17. The adjusted pension under paragraph 16 may be further increased by 6%.
18. The adjusted pension under paragraph 17 may be further increased by 9%.

PART VII
Applicable to a basic pension based on a salary in force from
1 April 1972 to 31 March 1973 inclusive

1 . The basic pension may be increased by 8%.
2. The adjusted pension under paragraph 1 may be further increased by 8 %.
3. The adjusted pension under paragraph 2 may be further increased by 10%.
4. The adjusted pension under paragraph 3 may be further increased by 11 %.
5. The adjusted pension under paragraph 4 may be further increased by 6%.
6. The adjusted pension under paragraph 5 may be further increased by 5%.
7. The adjusted pension under paragraph 6 may be further increased by 8 %.
8. The adjusted pension under paragraph 7 may be further increased by 15%.
9. The adjusted pension under paragraph 8 may be further increased by 14%.
10. The adjusted pension under paragraph 9 may be further increased by 12%.
11. The adjusted pension under paragraph 10 may be further increased by 9 %.
12. The adjusted pension under paragraph 11 may be further increased by 11 %
13. The adjusted pension under paragraph 12 may be further increased by 6%.
14. The adjusted pension under paragraph 13 may be further increased by 3 %.
15. The adjusted pension under paragraph 14 may be further increased by 3%.
16. The adjusted pension under paragraph 15 may be further increased by 6%.
17. The adjusted pension under paragraph 16 may be further increased by 9%.

PART VIII
Applicable to a basic pension based on a salary in force from
1 April 1973 to 31 March 1974 inclusive

1. The basic pension maybe increased by 8%.
2. The adjusted pension under paragraph 1 maybe further increased by 10%.





3. The adjusted pension under paragraph 2 may be further increased by 11 %
4. The adjusted pension under paragraph 3 may be further increased by 6%.
5. The adjusted pension under paragraph 4 may be further increased by 5%.
6. The adjusted pension under paragraph 5 may be further increased by 8 %.
7. The adjusted pension under paragraph 6 may he further increased by 15%
8. The adjusted pension under paragraph 7 may be further increased by 14%
9. The adjusted pension under paragraph 8 may be further increased by 12%
10. The adjusted pension under paragraph 9 may be further increased by 9%.
11. The adjusted pension under paragraph 10 may be further increased by 11
12. The adjusted pension under paragraph 11 may be further increased by 6 %
13. The adjusted pension under paragraph 12 may be further increased by 3 %
14. The adjusted pension under paragraph 13 may be further increased by 3%
15. The adjusted pension under paragraph 14 may he further increased by 6%
16. The adjusted pension under paragraph 15 may be further increased by 9%

PART IX
Applicable to a basic pension based on a salary in force from
1 April 1974 to 30 June 1976 inclusive

1 . The basic pension may be increased by 11 %.
2. The adjusted pension under paragraph 1 may be further increased by 6%.
3. The adjusted pension under paragraph 2 may be further increased by 5%.
4. The adjusted pension under paragraph 3 may be further increased by 8%.
5. The adjusted pension under paragraph 4 may be further increased by 15%
6. The adjusted pension under paragraph 5 may be further increased by 14%
7. The adjusted pension under paragraph 6 may be further increased by 12%
8. The adjusted pension under paragraph 7 may be further increased by 9%.
9. The adjusted pension under paragraph 8 may be further increased by 11 %
10. The adjusted pension under paragraph 9 may be further increased by 6%.
11. The adjusted pension under paragraph 10 may be further increased by 3 %
12. The adjusted pension under paragraph 11 may be further increased by 3%
13. The adjusted pension under paragraph 12 may be further increased by 6 %
14. The adjusted pension under paragraph 13 may be further increased by 9%

PART X
Applicable to a basic pension based on a salary in force from
1 July 1976 to 30 June 1977 inclusive

1. The basic pension maybe increased by 6%.
2. The adjusted pension under paragraph 1 maybe further increased by 5%.
3. The adjusted pension under paragraph 2 may be further increased by 8%.
4. The adjusted pension under paragraph 3 maybe further increased by 15%





5. The adjusted pension under paragraph 4 may be further increased by 14%
6. The adjusted pension under paragraph 5 may be further increased by 12%
7. The adjusted pension under paragraph 6 may be further increased by 9 %.
8. The adjusted pension under paragraph 7 may be further increased by 11 %
9. The adjusted pension under paragraph 8 may be further increased by 6%.
10. The adjusted pension under paragraph 9 may be further increased by 3%.
11. The adjusted pension under paragraph 10 may be further increased by 3 %
12. The adjusted pension under paragraph 11 may be further increased by 6%
13. The adjusted pension under paragraph 12 may be further increased by 9 %

PART XI
Applicable to a basic pension based on a salary in force from
1 July 1977 to 30 June 1978 inclusive

1 . The basic pension may be increased by 5%.
2. The adjusted pension under paragraph 1 may be further increased by 8%.
3. The adjusted pension under paragraph 2 may be further increased by 15%
4. The adjusted pension under paragraph 3 may be further increased by 14%
5. The adjusted pension under paragraph 4 may be further increased by 12%
6. The adjusted pension under paragraph 5 may he further increased by 9%.
7. The adjusted pension under paragraph 6 may be further increased by 11 %
8. The adjusted pension under paragraph 7 may be further increased by 6%.
9. The adjusted pension under paragraph 8 may be further increased by 3%.
10. The adjusted pension under paragraph 9 may be further increased by 3 %.
11. The adjusted pension under paragraph 10 may be further increased by 6 %
12. The adjusted pension under paragraph 11 may be further increased by 9%

PART XII
Applicable to a basic pension based on a salary in force from
1 July 1978 to 30 June 1979 inclusive

1 . The basic pension may be increased by 8%.
2. The adjusted pension under paragraph 1 may be further increased by 15%
3. The adjusted pension under paragraph 2 may be further increased by 14%
4. The adjusted pension under paragraph 3 may be further increased by 12%
5. The adjusted pension under paragraph 4 may be further increased by 9%.
6. The adjusted pension under paragraph 5 may be further increased by 11 %
7. The adjusted pension under paragraph 6 may be further increased by 6%.
8. The adjusted pension under paragraph 7 may be further increased by 3 %.
9. The adjusted pension under paragraph 8 may be further increased by 3%.
10. The adjusted pension under paragraph 9 may be further increased by 6%.
11. The adjusted pension under paragraph 10 may be further increased by 9%





PART XIII
Applicable to a basic pension based on a salary in force from
1 July 1979 to 30 June 1980 inclusive

1 . The basic pension may be increased by 15%.
2. The adjusted pension under paragraph 1 may be further increased by 14%.
3. The adjusted pension under paragraph 2 may be further increased by 12%.
4. The adjusted pension under paragraph 3 may be further increased by 9%.
5. The adjusted pension under paragraph 4 may be further increased by 11 %.
6. The adjusted pension under paragraph 5 may be further increased by 6%.
7. The adjusted pension under paragraph 6 may be further increased by 3%.
8. The adjusted pension under paragraph 7 may be further increased by 3%.
9. The adjusted pension under paragraph 8 may be further increased by 6
10. The adjusted pension under paragraph 9 may be further increased by 9

PART XIV
Applicable to a basic pension based on a salary in force from
1 July 1980 to 30 June 1981 inclusive

1 . The basic pension may be increased by 14%.
2. The adjusted pension under paragraph 1 may be further increased by 12%.
3. The adjusted pension under paragraph 2 may be further increased by 9%.
4. The adjusted pension under paragraph 3 may be further increased by 11 %.
5. The adjusted pension under paragraph 4 may be further increased by 6%.
6. The adjusted pension under paragraph 5 may be further increased by 3%.
7. The adjusted pension under paragraph 6 may be further increased by 3%.
8. The adjusted pension under paragraph 7 may be further increased by 6%.
9. The adjusted pension under paragraph 8 may be further increased by 9%.

PART XV
Applicable to a basic pension based on a salary in force from
1 July 1981 to 31 March 1982 inclusive

1 . The basic pension may be increased by 12%.
2. The adjusted pension under paragraph 1 may be further increased by 9%.
3. The adjusted pension under paragraph 2 may be further increased by 11 %.
4. The adjusted pension under paragraph 3 may be further increased by 6%.
5. The adjusted pension under paragraph 4 may be further increased by 3 %.
6. The adjusted pension under paragraph 5 may be further increased by 3%.
7. The adjusted pension under paragraph 6 may be further increased by 6%.
8. The adjusted pension under paragraph 7 may be further increased by 9%.

PART XVI
Applicable to a basic pension based on a salary in force from
1 April 1982 to 31 March 1983 inclusive

1. The basic pension maybe increased by 9%.
2. The adjusted pension under paragraph 1 may be further increased by 11





3. The adjusted pension under paragraph 2 may be further increased by
6%.

4. The adjusted pension under paragraph 3 maybe further increased by 3%.
5. The adjusted pension under paragraph 4 may be further increased by 3 %.
6. The adjusted pension under paragraph 5 may be further increased by 6%.
7. The adjusted pension under paragraph 6 may be further increased by 9%.

PART XVII
Applicable to a basic pension based on a salary in force from
1 April 1983 to 31 March 1984 inclusive

1 . The basic pension may be increased by 11 %.

2. The adjusted pension under paragraph 1 may be further increased by 6%.
3. The adjusted pension under paragraph 2 may be further increased by 3 %.
4. The adjusted pension under paragraph 3 may be further increased by 3 %.
5. The adjusted pension under paragraph 4 may be further increased by 6%.
6. The adjusted pension under paragraph 5 may be further increased by 9%.

PART XVIII
Applicable to a basic pension based on a salary in force from
1 April 1984 to 31 March 1985 inclusive

1. The basic pension may be increased by 6%.

2. The adjusted pension under paragraph 1 maybe further increased by 3%.
3. The adjusted pension under paragraph 2 may be further increased by 3 %.
4. The adjusted pension under paragraph 3 may be further increased by 6%.
5. The adjusted pension under paragraph 4 may be further increased by 9%.

PART XIX
Applicable to a basic pension based on a salary in force from
1 April 1985 to 31 March 1986 inclusive

1. The basic pension maybe increased by 3%.

2. The adjusted pension under paragraph 1 maybe further increased by 3%.
3. The adjusted pension under paragraph 2 may be further increased by 6%.
4. The adjusted pension under paragraph 3 may be further increased by 9%.

PART Y-X
Applicable to a basic pension based on a salary in force from
1 April 1986 to 31 March 1987 inclusive

1. The basic pension maybe increased by 3%.

2. The adjusted pension under paragraph 1 may be further increased by 6%.
3. The adjusted pension under paragraph 2 maybe further increased by 9%.

PART XXI
Applicable to a basic pension based on a salary in force from
1 April 1987 to 31 March 1988 inclusive

1. The basic pension may be increased by 6%.

2. The adjusted pension under paragraph 1 may be further increased by 9%.





PART XXII

Applicable to a basic pension based on a salary in force from
1 April 1988 to 31 March 1989 inclusive

1. The basic pension maybe increased by 9%.

(Schedule 2 amended L.N. 192 of 1976; L.N. 184 of 1977; L.N. 175 of 1978; L.N. 189 of
1979; L.N. 215 of 1980; L.N. 248 of 1981; L.N. 159 of 1982; L.N. 161 of 1983; L.N. 116
of
- 1984; L.N. 129 of 1985; L.N. 119 of 1986; L.N. 135 of 1987; L.N. 143 of 1988; L.N. 142 of
1989)

https://oelawhk.lib.hku.hk/items/show/3163

HONG KONG ARTS CENTRE ORDINANCE

LAWS OF HONG KONG

HONG KONG ARTS CENTRE ORDINANCE

CHAPTER 304

0OF
F

REVISED EDITION 1986

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 304

HONG KONG ARTS CENTRE ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ................................ ... ... ... ... ... ... ... 3

2. Interpretation.............................. ... ... ... 3

PART II

THE HONG KONG ARTS CENTRE

3. Continuation of incorporation of the Hong Kong Arts Centre ... ... ... ... 3
4. Seal of the Centre ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

5. Documents of the Centre .................... ... ... ... ... ... ... ... 4
6. Objects of the Centre ...................... ... ... ... ... ... ... 4

7. Powers of the Centre ....................... ... ... ... ... ... ... ... 4

PART III

THE BOARD

8. Establishment of the Board ................. ... ... ... ... ... ... ... 5
9. Membership of the Board .................... ... ... ... ... ... ... ... 6

10. Officers of the Board ..................... ... ... ... ... ... ... ... 6

11. Chief Executive ........................... ... ... ... ... ... ... 7

12. Term of office, resignation of members, etc . ... ... ... ... ... ... ... ... 7
13. Disqualification from being a member of the Board ... ... ... ... ... ... 7
14. Non-attendance ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
15. Meetings and procedure of the Board ... ... ... ... ... ... ... ... ... 8
16. Transaction of business by circulation of papers ... ... ... ... ... ... ... 9
17. Validity of acts of the Board ... ... ... ... ... ... ... ... ... ... ... 9
18. Power of Board to delegate ... ... ... ... ... ... ... ... ... ... ... ... 9
19. Power of Chief Executive to delegate ... ... ... ... ... ... ... ... ... ... 9

PARTIV

MEMBERSHIP OF THE CENTRE AND
COMMITTEES

20. Membership of the Centre ... ... ... ... ... ... ... ... ... ... ... ... 9
21. Election by members of the Centre to be members of the Board ... ... ... ... 10
22. Creation and functions of committees ... ... ... ... ... ... ... 10





Section Page

PART V

FINANCIAL
PROVISIONS

23. Programme and estimates ... ... ... ... ... ... ... ... ... ... ... ... 10
24. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
25. Auditors ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11

PART VI

GENERAL

26. Particulars to be delivered to the Registrar of Companies ... ... ... ... ... 11
27. Unauthorized use of title of Centre ... ... ... ... ... ... ... ... ... ... 11
28. By-laws ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
29. Rules ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13
30. Savings and transitional ... ... ... ... ... ... ... ... ... ... ... ... 13
31. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13
32. Repeal and revocation ... ... ... ... ... ... ... ... ... ... ... ... ... 13





CHAPTER 304

HONG KONG ARTS CENTRE

To provide for the continued incorporation of the Hong Kong Arts
Centre and for matters connected therewith.

[1 April 1986.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Hong Kong Arts Centre
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Board' means the Board of Governors of the Centre established under
section 8;

'Chairman' means the Chairman of the Board appointed under section
10 or the Deputy Chairman or any other member of the Board when
acting under that section as the Chairman;

'Centre' means the Hong Kong Arts Centre referred to in section 3;

'Chief Executive' means the Chief Executive of the Centre appointed
under section 11 or any person appointed under that section to act
as Chief Executive;

'individual member of the Centre' means a natural person who is a
member of the Centre;

'organization member of the Centre' means any society, body (whether
corporate or otherwise), association or club, which is a member of
the Centre;

'repealed Ordinance' means the Hong Kong Arts Centre Ordinance
repealed by section 32(1).

PART 11

THE HONG KONG ARTS CENTRE

3. The corporation incorporated by the repealed Ordinance

and known as the 'Hong Kong Arts Centre shall
continue, in that name, as a body corporate with perpetual succes-
sion and capable of suing and being sued.

4. The Centre shall have a common seal, and the fixing of the seal
shall be

(a) authorized or ratified by resolution of the Board; and

(b)authenticated by the signature of any 2 members of the Board
authorized by the Board, either generally or specially, to act
for that purpose.





5. (1) The Centre may make and execute any document in
the performance or exercise of its functions or powers or in con-
nexion with any matter reasonably incidental to or consequential
upon the performance or exercise of its functions or powers.

(2) Any document purporting to be duly executed under the
seal of the Centre shall be admitted in evidence and shall, unless the
contrary is proved, be deemed to have been duly executed.

6. Subject to this Ordinance, the objects of the Centre are-

(a)to promote, sponsor, encourage and provide for the
appreciation of and participation in the visual, literary,
musical and performing arts of whatever nature;

(b)to promote, exhibit, display and perform such arts, pub-
licly and otherwise;

(c)to promote, support, sponsor, encourage and provide
facilities for the learning and practising of such arts;

(d)to initiate, support and sponsor the creation, composition
and production of such arts;

(e)to co-operate with and assist persons, companies, societies,
bodies and associations which have as their objects any of
the objects specified in paragraphs (a) to (d);

(f)such objects ancillary and incidental to the objects
specified in paragraphs (a) to (e) as the Board may
consider appropriate; and

(g)to apply its profits howsoever derived solely towards the
promotion of its objects specified in this section,

in and outside Hong Kong.

7. Subject to this Ordinance and to the Special Conditions of
the Private Treaty Grant to the Centre of Inland Lot 8382, the
Centre may do all such things as are necessary for, or incidental or
conducive to, the better carrying out of its objects and in particular,
but without prejudice to the generality of the foregoing, may-

(a)acquire, take on lease, purchase, hold and enjoy property,
movable or immovable, and sell, let or otherwise dispose of
or deal with such property;

(b) enter into any contract;

(c) provide facilities and amenities for users of the Centre;

(d)employ staff, advisors and consultants and set terms of
remuneration and conditions of their employment;

(e)provide residential accommodation for staff, advisers,
consultants, visiting artists and performers, and for their
dependants;





(f)provide or contribute to pensions, gratuities or other benefits
for staff and their dependants;

(g)invest the funds of the Centre in such manner and to such
extent as it thinks appropriate or expedient;

(h)borrow money in such manner and on such security or terms
as it thinks appropriate or expedient;

(i)apply for and receive any grant in aid, sponsorship or
donation for the purpose of performing its functions, on such
conditions as it thinks appropriate or expedient;

(j)erect, provide, equip, maintain, alter, remove, demolish,
replace, enlarge, improve and keep in repair its buildings,
premises, furniture and equipment;

(k)fix and collect fees, subscriptions and charges and specify
conditions for the use of facilities and services provided by it;

(1)reduce, waive or refund fees, subscriptions or charges fixed in
the exercise of its powers under this section generally or in
any particular case or class of case;

(m)receive and solicit gifts, whether on trust or otherwise, and act
as trustee of moneys or other property vested in it on trust;

(n)print, reproduce or publish or a-range for the printing,
reproduction or publishing of any manuscript, book, play,
music, script, programme, poster, advertisement or other
material including video and audio material, as it deems
expedient;

(o)commission any play, script, composition, choreography, film,
work of visual art or other work;

(p)either alone or jointly with others, mount or present any
exhibition or dramatic, musical, dance or film production;

(q)provide financial assistance, by way of grant or loan, in
pursuance of its objects.

PART Ill

THE BOARD

8. (1) There is hereby established a Board to be known as the
Board of Governors of the Hong Kong Arts Centre.

(2) The Board shall be the governing and executive body of the
Centre and, as such, may exercise all the powers conferred and shall
perform all the duties imposed on the Centre by this Ordinance.





9. (1) The Board shall consist of not more than 15 members.

(2) The following persons shall be members of the Board-

(a) the Chief Executive, ex officio;

(b) not more than 3 members appointed by the Governor;

(c) 1 member appointed by the Urban Council;

(d) 1 member appointed by the Regional Council;

(e)2 members elected by individual members of the Centre under
section 21(1)(a) who shall represent the interests of the
individual members;

2 members nominated by the organization members of the
Centre elected under section 21 (1)(b) who shall represent
the interests of the organization members; and

(g)at least 2 members but not more than 5 members, being
persons interested in the visual, literary, musical or performing
arts, co-opted by the members of the Board who are members
under any of the foregoing paragraphs.

(3) The first appointment of the members of the Board under
subsection (2)(b) shall be made as soon as possible after the
commencement of this Ordinance.

(4) All members of the Board shall be individual members of the
Centre.

10. (1) The Chairman of the Board shall be appointed by the
Governor from amongst the members of the Board for such period not
exceeding 3 years as the Governor may determine or until he sooner
ceases to hold office as a member of the Board, whichever is the earlier.

(2) The Deputy Chairman of the Board shall be appointed by the
members of the Board from amongst themselves for such period not
exceeding 3 years as the Board may determine or until he sooner ceases
to hold office as a member of the Board, whichever is the earlier.

(3) The Deputy Chairman shall act as Chairman if the Chairman is
absent from Hong Kong or is, for any other reason, unable to act as
Chairman.

(4) If for any period both the Chairman and the Deputy Chairman
are absent from Hong Kong or are, for any other reason, unable to
perform the functions of their respective offices the members of the
Board may appoint 2 of their number to act as Chairman and Deputy
Chairman respectively during that period.

(5) The Board shall as soon as possible appoint a Secretary of the
Board who may be a member of the Board.

(6) The Chief Executive, or the Secretary (if he is a member of the
Board), shall not be appointed to be the Chairman or Deputy Chairman
of the Board.





11. (1) The Board shall by resolution appoint the Chief Executive,
on such terms as may be agreed, who shall be responsible to the Board
and in whom shall be vested the management, conduct and
administration of the Centre.

(2) If for any period the Chief Executive is absent from Hong Kong
or is, for any other reason, unable to perform the functions of his office,
the Board may by resolution appoint a person to act as Chief Executive
during that period.

(3) With effect from the commencement of this Ordinance and until
the Chief Executive is appointed under subsection (1), the General
Manager, Hong Kong Arts Centre, immediately prior to the
commencement of this Ordinance shall be the Chief Executive.

12. (1) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member of the Board appointed under
section 9(2)(b), (e) or (d) shall hold office for a specified period not
exceeding 3 years.

(2) A member of the Board by virtue of section 9(2)(e) or shall hold
office for such period not exceeding 3 years as the Board may
determine.

(3) A member of the Board co-opted under section 9(2)(g) shall
hold office for a period of 2 years after the commencement of this
Ordinance and thereafter he shall hold office for a specified period not
exceeding 3 years.

(4) A member of the Board, other than the Chief Executive-

(a) shall not hold office for more than 2 consecutive terms;

(b)subject to paragraph (a), may be reappointed, re-elected or re-
co-opted as a member of the Board after he ceases to be such a
member;

(c)may at any time by notice in writing to the Chairman resign
from the Board.

(5) When a member of the Board, other than the Chief Executive,
ceases to hold office, whether by effluxion of time or as a result of
resignation or otherwise, the procedure for a new appointment or
reappointment, election or re-election, co-option or re-co- as the case
may be, shall be as if the office were being filled for the first time.

(6) In this section 'specified period' means the period specified
when the member of the Board was appointed or co-opted under
section 9.

13. (1) A person shall not be qualified to be a member of the Board
if he

(a)is an undischarged bankrupt or, within the previous 5 years,
has without paying his creditors in full either obtained his
discharge in bankruptcy or entered into a composition with
them;





(b)is the subject of a decision under the Mental Health
Ordinance that he is of unsound mind and incapable of
managing himself and his affairs,

(c)is otherwise, in the opinion of the Board, unable or unfit to
discharge the duties or perform the functions of a member
of the Board.

(2) A person disqualified under subsection (1)(b) shall be
eligible to be a member of the Board if under the Mental Health
Ordinance it is subsequently found that his unsoundness of mind has
ceased.

14. If a member of the Board, other than the Chief Executive,
fails to attend any 3 consecutive meetings of the Board he shall,
unless the failure is due to some reason approved by the Board,
cease to hold office as a member of the Board.

15. (1) Meetings of the Board shall, subject to subsection (2),
be held at such times and places as the Chairman may appoint.

(2) The Board shall meet not less than 4 times in each year.

(3) Notice of meeting shall be given by the Secretary of the
Board to each member of the Board at least 7 clear days before the
day of each meeting, except in case of emergency (in the opinion of
the Chairman or Deputy Chairman of the Board) when as long a
period of notice as possible shall be given.

(4) Accidental omission to give notice under subsection (3)
to any member of the Board shall not affect the validity of a meeting.

(5) At any meeting of the Board 6 members of the Board or
not less than half the number of the members of the Board,
whichever is the greater, shall be a quorum:

Provided that in the case of the first 2 meetings of the Board
after the commencement of this Ordinance, the Governor shall
determine the quorum for such meetings.

(6) The Chairman shall preside at the meetings of the Board.

(7) Any question before the Board at any meeting shall be
decided by a majority of votes of the members of the Board present
and voting thereon and in the event of an equality of votes the
Chairman shall have a casting vote in addition to his original vote.

(8) If a member of the Board has an interest (whether a
pecuniary interest or otherwise) in any matter to be considered at
a meeting of the Board at which he is present, he shall before the
matter is considered state the fact and nature of the interest and
shall, if required by the Board, withdraw while the matter is
considered and in any case shall not vote thereon.

(9) Subject to this Ordinance, the Board may determine its
own procedure.





16. The Board may transact any of its business by circulation of
papers, and a resolution in writing which is approved in writing by a
majority of the members of the Board shall be as valid and effectual as if
it had been passed at a meeting of the Board.

17. The proceedings of the Board shall not be invalidated by any
vacancy in its membership, or by any defect in the appointment or
reappointment, election or re-election, co-option or re-co-option, or
qualification of any member thereof.

18. (1) Subject to subsection (2), the Board may by resolution, with
or without restrictions or conditions as it thinks fit, delegate in writing
any of its powers and duties to

(a) the Chief Executive;

(b) any committee created under section 22(1).

(2) Save as otherwise provided in this Ordinance the Board shall
not delegate the power

(a) to appoint the Chief Executive;

(b) to create any committee under section 22(1);

(e)to approve the programme and estimates referred to in section
23(1);

(d) to appoint an auditor under section 25(1);

(e) to make by-laws under section 28;

(f) to make rules under section 29.

19. (1) Subject to subsection (2), the Chief Executive may, with or
without restrictions or conditions as he thinks fit, delegate in writing to
such person or committee of persons as he thinks fit, his powers and
duties, including any power or duty delegated to him under section 18.

(2) The power conferred by subsection (1) on the Chief Executive
to delegate any power or duty of the Board delegated to him under
section 18, and the exercise by any person or committee of persons of
any such power or duty delegated by the Chief Executive under
subsection (1), shall be subject to any restriction or condition imposed
by the Board in respect of the Chief Executive's exercise thereof under
section 18.

PART IV

MEMBERSHIP OF THE CENTRE AND
COMMITTEES

20. (1) The Board shall, within 6 months after the commencement of
this Ordinance, establish the membership of the Centre according to
such types or classes as the Board thinks fit.

(2) The membership of the Centre established under subsection (1)
shall consist of individual members and organization members in
accordance with rules made under section 29.





(3) With effect from the commencement of this Ordinance and until
the membership of the Centre is established under subsection (1), the
membership of the Centre shall consist of those persons and
organizations who were members of the Hong Kong Arts Centre, under
the Constitution of the Hong Kong Arts Centre revoked by section
32(2), immediately before such commencement.

21. (1) The Board shall, within 6 months after the commencement of
this Ordinance and thereafter whenever the need arises. cause an
election to be held

(a)to elect 2 individual members of the Centre to be members of
the Board for the purpose of section 9(2)(e); and

(b)to elect 2 organization members of the Centre to be members
of the Board for the purpose of section 9(2)(f).

(2) The procedure at elections under subsection (1) shall be
determined by the Board.

22. (1) The Board may create, and appoint the members of, such
committees for any general or special purposes as it thinks fit and any
such committee may include persons who are not members of the
Board.

(2) The chairman of a committee created under subsection (1) shall
be appointed by the Board and the number of members of a committee
shall be determined by the Board.

(3) Subject to the directions of the Board and any rules made under
section 29, a committee created under subsection (1) may determine its
own procedure for its meetings.

(4) The proceedings of any committee created under subsection (1)
shall not be invalidated by any vacancy in the membership of the
committee, or by any defect in the appointment of any member thereof.

PART V

FINANCIAL PROVISIONS

23. (1) The Board shall prepare and approve in respect of each
financial year of the Centre a programme of its proposed activities and
estimates of its income and expenditure.

(2) The financial year of the Centre shall be fixed by the Board.

24. (1) The Board shall maintain proper accounts and records of all
income and expenditure.

(2) As soon as possible after the end of each financial year of the
Centre the Board shall cause to be prepared statements of income and
expenditure relating to the previous financial year and of the assets and
liabilities of the Centre on the last day thereof.





25. (1) The Board shall appoint an auditor who shall be entitled at
any time

(a)to have access to such books of account, vouchers and other
records of the Centre; and

(b) to require such information and explanation,

as he considers necessary to discharge his functions.

(2) The auditor shall audit the statements prepared under section
24(2) and shall report thereon to the Board.

PART VI

GENERAL

26. (1) Within 30 days after the commencement of this Ordinance,
the Secretary of the Board shall deliver to the Registrar of Companies
for registration

(a) notice in writing of the address of the Centre;

(b)a list containing the names and addresses of the members of
the Board;

(c) the name and address of the Chief Executive.

(2) Within 30 days after any change in any of the particulars
required by subsection (1)(a), (b) or (c) to be delivered to the Registrar
of Companies, the Secretary of the Board shall deliver notice of the
change to the Registrar of Companies for registration.

(3) Not later than 6 months after the end of each financial year of
the Centre a statement of income and expenditure during that financial
year and of the assets and liabilities of the Centre on the last day of that
financial year prepared under section 24(2), and the report of the auditor
thereon made under section 25(2), shall be delivered by the Secretary of
the Board to the Registrar of Companies for registration.

(4). Any person may inspect any of the documents registered
under this section, upon payment of such fee as may be prescribed
under section 304(1A) of the Companies Ordinance for the inspection
of a document.

(5) The Centre shall pay such fees for registering any document
under this section as may be specified in the Eighth Schedule to the
Companies Ordinance in respect of a company not having a share
capital.,

27. (1) No person shall incorporate or form, or be a director, office
bearer or organizer of, or work in connexion with, or be a member of, any
company, body corporate, firm or organization which, without the
written authority of the Centre

(a) purports or holds itself out to be-





(i) the Centre or any branch or part thereof, or

(ii) connected or associated with the Centre in any manner
whatsoever; or

(b) uses the title 'Hong Kong Arts Centre' or
or a title in any language which so closely resembles the
title 'Hong Kong Arts Centre' oras to be
capable of deceiving or misleading any person into be-
lieving that the company, body corporate, firm or or-
ganization is-

(i) the Centre or any branch or part thereof, or

(ii) connected or associated with the Centre in any manner
whatsoever.

(2) Any person who contravenes subsection (1) commits an
offence and is liable to a fine of $10,000.

28. (1) The Board may, under its common seal, make by-laws not
inconsistent with this Ordinance for the better management of the
Centre and in particular, but without prejudice to the generality of the
foregoing, may by such by-laws provide for

(a)the management and control, including the closing or partial
closing, of the premises;

(b)the fixing of the times or occasions during which the premises
or any part thereof may be open to any class of persons;

(c)the regulation of the conduct of persons in or on the premises
or any part thereof, including

(i) authorizing the removal from the premises of any person
by an employee of the Centre. or by a police officer on the
request of any such employee;

(ii) requiring any person to give his name and address to
any such employee or police officer; and

(iii) authorizing any such employee to arrest without a
warrant and detain a person until he can be taken into
custody by a police officer,

where such employee has reasonable grounds to believe that
the person has committed or is about to commit an offence
under the by-laws made under this section,.

(d)the authorization of a police officer to take into custody
without a warrant any person arrested by an employee of the
Centre and to apply sections 51 and 52 of the Police Force
Ordinance.

(e)the control (including prohibition) of trading, advertising or
the erection of structures in or on the premises; the removal,
storage and sale of any trading, advertising or construction
materials that are brought into or remain in or on the premises
in contravention of any by-law made under this section, the
recovery of any costs incurred in respect of such removal,
storage and sale, and the forfeiture of the proceeds of such
sale;





(f)the general regulation and management of the premises and of
any facility, equipment or fitting provided therein.

(2) Any by-law made under this section may provide that a
contravention of specified provisions thereof shall be an offence and
may prescribe penalties therefor not exceeding a fine of S2,000 and
imprisonment for 3 months.

(3) Without prejudice to any Ordinance relating to the prosecution
of criminal offences or to the powers of the Attorney General in relation
to the prosecution of criminal offences, prosecutions under any by-law
made under this section may be brought in the name of the Centre.

(4) In this section 'premises' means any premises or land of the
Centre.

29. The Board may make rules for the better carrying out of the
provisions of this Ordinance and in particular, but without prejudice to
the generality of the foregoing, may by such rules provide for

(a) the discipline of persons in the employment of the Centre;

1

(b)the membership of the Centre, the rights and liabilities of
members, and the regulation of the conduct of members;

(c)the composition, powers, functions and duties of any
committee created under section 22 and the term of office of
the members of such committee;

(d)the quorum and the regulation of the proceedings of any
committee created under section 22.

30. (1) No appointment under section 5 of the repealed Ordinance
shall be affected by the repeal.

(2) All property, whether movable or immovable, rights and
privileges vested in the Hong Kong Arts Centre immediately prior to the
commencement of this Ordinance shall continue to be vested in the
Centre on the terms and conditions, if any, on which the same were then
vested at that date, and nothing in this Ordinance shall affect the
obligations and liabilities to which it was subject immediately prior to
the commencement of this Ordinance.

31 Nothing in this Ordinance shall affect or be deemed to affect
the rights of Her Majesty the Queen, Her Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except as
are mentioned in this Ordinance and those claiming by, from or under
them.

32. (1) The Hong Kong Arts Centre Ordinance is repealed.

(2) The Constitution of the Hong Kong Arts Centre is revoked.
Originally 11 of 1986. Short title. Interpretation. (Cap. 304, 1974 Ed. Originally 47 of 1974.) Continuation of incorporation of the Hong Kong Arts Centre. Seal of the Centre. Documemts of the Centre. Objects of the Centre. Powers of the Centre. Establishment of the Board. Membership of the Board. Officers of the Board. Chief Executive. Term of office, resignation of members, etc. (Cap. 1.) Disqualification from being a member of the Board. (Cap. 136.) Non-attendance. Meetings and procedure of the Board. Transaction of business by circulation of papers. Validity of acts of the Board. Power of Board to delegate. Power of Chief Executive to delegate. Membership of the Centre. Election by memebrs of the Centre to be members of the Board. Creation and functions of committees. Programme and estimates. Accounts. Audiotrs. Paarticualrs to be delivered to the Registrar of Companies. (Cap . 32.) (Cap. 32.) Unauthorized use of title of Centre. By-laws. (Cap. 232.) Rules. Savings and transitional. Saving. Repeal and revocation. (Cap. 304, 1974 Ed. Originally 47 of 1974.)

Originally 11 of 1986. Short title. Interpretation. (Cap. 304, 1974 Ed. Originally 47 of 1974.) Continuation of incorporation of the Hong Kong Arts Centre. Seal of the Centre. Documemts of the Centre. Objects of the Centre. Powers of the Centre. Establishment of the Board. Membership of the Board. Officers of the Board. Chief Executive. Term of office, resignation of members, etc. (Cap. 1.) Disqualification from being a member of the Board. (Cap. 136.) Non-attendance. Meetings and procedure of the Board. Transaction of business by circulation of papers. Validity of acts of the Board. Power of Board to delegate. Power of Chief Executive to delegate. Membership of the Centre. Election by memebrs of the Centre to be members of the Board. Creation and functions of committees. Programme and estimates. Accounts. Audiotrs. Paarticualrs to be delivered to the Registrar of Companies. (Cap . 32.) (Cap. 32.) Unauthorized use of title of Centre. By-laws. (Cap. 232.) Rules. Savings and transitional. Saving. Repeal and revocation. (Cap. 304, 1974 Ed. Originally 47 of 1974.)

https://oelawhk.lib.hku.hk/items/show/3162

RADIATION (CONTROL OF IRRADIATING APPARATUS) REGULATIONS

RADIATION (CONTROL OF IRRADIATING APPARATUS)
REGULATIONS

ARRANGEMENT OF REGULATIONS

RegulatioN Page

PART 1

CITATION AND
INTERPRETATION

1. Citation ............................B3
2. Interpretation ......................B3

PART 11

LICENCE

3. Application for licence .............B5
4. Licence .............................B 5
5. Fee .................................B6
6. Licence to be exhibited by licensee .B6

PART III

DISPOSAL OF
APPARATUS

7. Transfer, abandonment, etc. of irradiating apparatus B 6

PARTIV

HEALTH

8. Conditions for first employment in radiation work B 6
9. Conditions for continued employment in radiation work B 7
10. Presumptions as to exposure to radiation B 8
11. Board to keep records of medical examinations B 8
12. Employers to report suspected cases of over-exposure to radiation B 8
13. Medical examination and inquiry in cases of suspected over-exposure to
radiation ...............................B 9



PART V

CONTROL OF EXPOSURE TO
RADIATION

14. Permissible dose ....................B 9
15. Register of employees ...............B 10
16. Recording of personal exposure to radiation B10





Regulation Page
PART VI
MATERIAL PROTECTION AND SAFE PRACTICE

17. Material protection in case of static irradiating apparatus B 12
18. Filtration of useful beam from X-ray machine used for fluoroscopy B 12
19. Marking of protective housing of X-ray tubes B 13

20. Retriction on radiation from television sets B 13
21. Determination of dose rate and quality of radiation B 13
22. Testing of timers for use in connection with irradiating apparatus B 14
23. Supervision of persons undergoing treatment B 14
24. Recording and checking of filters ...B 14
25. Prohibition of operation of X-ray machines in presence of ignitable gas or
vapour ..................................BIS

PART VII

OPERATION OF IRRADIATING APPARATUS

26.......................................Restriction on use of irradiating apparatus BIS
27.......................................Records of the use of certain rays B 15
28.......................................Warning notices B 16

Schedule 1. Form 1 -Application for Irradiating Apparatus Licence B 16
Form 2-Irradiating Apparatus Licence .....B 17

Schedule..................................2.Fees ........B17





RADIATION (CONTROL OF IRRADIATING APPARATUS)
REGULATIONS

(Cap. 303, section 13)

1 October 1965 L.N. 114 of 1965

L.N. 68 of 1965 - L.N. 63 of 1970, L.N. 97 of 1970, L.N. 244 of 1974, L.N. 43 of 1976, L.N. 410
of 1982, R. Ed. 1982,50 of 1985, L.N. 229 of 1985, L.N. 76 of 1989, L.N. 212 of 1989. r-

PART I

CITATION AND
INTERPRETATION

1. Citation

These regulations may be cited as the Radiation (Control of Irradiating

Apparatus) Regulations.

2. Interpretation

In these regulations, unless the context otherwise requires

'approved laboratory' means a laboratory approved by the Board for the purposes
of regulation 16;

'dental practitioner' means a person for the time being registered or deemed to
be registered under the Dentists Registration Ordinance (Cap. 156);

'dental X-ray machine' means a type of irradiating apparatus specifically
designed for the taking of radiographs of the teeth or jaws;

'dose' is the quantity of abosorbed energy from radiation;

'dosemeter' means an instrument for measuring exposure to radiation;

'dose rate' is the dose per unit of time, usually expressed as grays per minute
and symbolized Gy/min. or as sieverts per minute and symbolized Sv/min;

'employ' and 'employment' include reference to any kind of work carried out
in furtherance of apprenticeship or any agreement for training;

'equivalent thickness of lead' means such thickness of lead as is equally opaque
to a specific quality of radiation;

'exposure rate' means the exposure per unit of time, usually expressed as
coulombs per kilogram minute and symbolized C/kg. min.;

'filter' means any substance interposed in a beam of radiation for the purpose
of changing its quality or intensity, or bot; and 'filtration' has a meaning
corresponding therewith;

'gray' means a unit of absorbed dose of energy from radiation which is
equivalent to 1 joule per kilogram of material irradiated; (L.N. 410 of
1982)




'half-value layer' means the thickness of material which reduces to half the
exposure rate of a particular beam of radiation;

'intensity' means the quantity of radiation passing through a unit area
perpendicular to the direction of the beam of radiation per unit of time;

'ionometric method' means a method of measurement based on the ionization
produced by the radiation which is being measured;

'licence' means a licence issued under section 9 of the Ordinance;

'licensee', in relation to any irradiating apparatus, means a person holding a licence
for the time being in force issued under the Ordinance with respect to that
apparatus;

'maximum permissible dose in relation to persons employed in radiation
work, means a dose of

(a)in the case of skin of the hands, forearms, feet or ankles, of 200 milli,,
millisieverts in any calendar quarter or 750 millisieverts in any
calendar year; or

(b) in the case of any other parts of the body, of 30 millisieverts in
any calendar quarter or 50 millisieverts in any calendar year;

'medical practitioner' means a medical practitioner for the time being registered or
exempted from registration under the Medical Registration Ordinance (Cap.
161);

'paneP' means such committee as the Board may from time to time appoint under
section 5 of the Ordinance for the purpose of advising the Board upon matters
affecting or concerning the state of health of persons employed or to be
employed on, or engaged in, radiation work;

'personnel radiation monitoring device' means a device designed to be worn or
carried by an individual for the purpose of measuring exposure to radiation and
includes a photographic film suitable for that purposes, placed in an
appropriate film holder; (L.N. 229 of 1985)

'photograph' means a photograph of agroximate size neither greater than 50 x 70
mm nor smaller than 40 x 70 mm;

'proximity', in relation to any irradiating apparatus, means a position in which a
person may be liable to receive a dose of radiation exceeding 15 millisieverts to
any part of the body if such position were retained by him for one calendar
year;

'quality', in relation to radiation, means the property of the radiation which
determines the manner in which it affects and is itself altered by the matter
it traverses, expressed quantitatively in terms of equivalent constant potential
or half-value layer;

'radiation' and 'rays' mean ionizing radiation;

'radiation hazard' means the danger to health arising from exposure to ionizing
radiation whether such danger is due to radiation arising from sources outside
the human body or to radiation from radioactive substances within the body;





'radiation worC means work by any person which involves proximity to any
irradiating apparatus in operation;

'sealed source' means a radioactive substance which is permanently enclosed in a
container in such a manner that it or any part of it cannot be separated from the
container unless the container is damaged, but also in such a manner as to
permit of the emission of radiation;

'IsieverC means that quantity of radiation which when absorbed by man produces an
eflect biologically equivalent to the absorption by man of one gray of X-rays
with average specific ionization of 100 ion pairs per micrometre of water, in
terms of its air equivalent, in the same region;

(L.N. 410 of 1982)

,,useful beam' means, in the case of X-rays, that part of the radiation from an X-ray
tube that passes through the aperture, cone or other device for collimating the
X-ray beam, and, in other cases, any radiations from a sealed source that can
be employed for the purposes for which the sealed source is used;

'X-ray machine' means any machine that can be used for the production of X-rays.

(L.N. 410 of 1982)

PART 11

LICENCE

3. Application for licence

(1) Every application for a licence for any irradiating apparatus in accordance
with the provisions of the Ordinance shall be in Form 1 of Schedule 1.

(2) Each such Form shall be completed and delivered to the Board together
with the prescribed fee and 2 copies of a photograph of the applicant:

Provided that where a partnership or company is the applicant no photograph
shall be required.

(L.N. 97 of 1970)

4. Licence

(1) A licence to manufacture or otherwise produce, or sell or otherwise deal in, or
possess or use any irradiating apparatus shall be in Form 2 of Schedule 1.

(2) No licence shall be transferable.

(L.N. 244 of 1974)





5. Fee

The licence fee for any period of 12 months or any part thereof payable to the
Board in respect of the grant or renewal of a licence for any irradiating apparatus
shall be as prescribed in Schedule 2.

(L.N. 97 of 1970; L.N. 244 of 1974)

6. Licence to he exhibited by licensee

(1) Every licensee shall cause to be exhibited in a conspicuous place in any
premises in which any irradiating apparatus is situated the licence appertaining to
such apparatus.

(2) Any licensee who fails to comply with any of the provisions of
subregulation (1) shall be guilty of an offence and be liable on conviction to a fine
of $2,000 (L.N. 97of 1970)



PART III

DISPOSAL OF
APPARATUS

7. Transfer, abandonment, etc. of irradiating apparatus

(1) No licensee shall sell or otherwise transfer any irradiating apparatus except
to a person holding a licence in respect of that apparatus.

(2)Any licensee who intends to dispose of any irradiating apparatus by(a)
sale or other transfer to another licensee; or

(b) abandonment,

shall give to the Board not less than 7 days' notice in writing specifying the
apparatus concerned, the proposed date of disposal and, in the case of a disposal
under paragraph (a), the name and address of the proposed transferee.

(3) No licensee shall abandon, or cause or permit the abandonment of, any
apparatus unless the Board has certified in writing that the apparatus has been
rendered harmless.

(4) Any person who contravenes any of the provisions of subregulation (1), (2)
or (3) shall be guilty of an ofrence and be liable on conviction to a fine of $5,000.

(L.N. 97 of 1970)

PART IV

HEALTH

8. Conditions for first employment in radiation work

(1)No employer shall employ any person in any radiation work who(a) is
under the age of 18 years; or





(b)has not, within the period of 4 months immediately preceding his first
employment by such employer in such work or process, undergone a
medical examination by the panel, including blood examination and
the taking of relevant medical and occupational histories and has
been certified by the Board fit for such employment.

(2) Any person may apply in writing to the Board for medical examination by
the panel for the purpose of complying with the requirements of subregulation (1)(b)
and, upon receipt of the application, the Board shall direct the panel to carry out, free
of charge, such examination as soon as may be, but in any event not exceeding 14
days, after receipt of the application and shall within 10 days after the examination
supply to the applicant 2 copies of a certificate certifying the date upon which the
examination took place and whether the applicant was found to be fit or unfit, as the
case may be, for employment in radiation work.

(3) Every application made under subregulation (2) shall be accompanied by 3
copies of a recent photograph of the applicant.

(4) For the purpose of subregulation (1), the expression 'first employment'
includes re-employment in radiation work following a cessation of such employment
for a period exceeding 14 months.

(5) Any employer who contravenes any of the provisions of subregulation (1)
shall be guilty of an ofrence and be liable on conviction to a fine
of $5,000 (L.N. 97 of 1970)


9. Conditions for continued employment
in radiation work

(1) No employer shall continue to employ any person for any period
exceeding 14 months in radiation work unless such person undergoes medical
examination by the panel, including blood examination, at intervals of not
more than 14 months during the continuance of such employment and is after
each such examination certified by the Board to be fit for such employment.

(2) Notwithstanding anything contained in subregulation (1), the Board may
require, by notice in writing served upon the employer of any person employed in
radiation work, that such person shall undergo medical examination by the panel,
including blood examination at such time or at such lesser intervals than those
specified in subregulation (1) as the Board, having regard to the circumstances of
the case, may consider expedient to safeguard the health of such person; and if any
such person fails to submit to examination or, after examination, is certified by the
Board to be unfit for employment in radiation work, such employer shall forthwith,
upon receipt of notice in writing to that effect from the Board, cease to employ such
person in radiation work.





(3) Whenever a notice in writing is served upon an employer in pursuance of
the powers conferred by subregulation (2), a copy thereof shall also be served upon
the person to whom the notice relates.

(4)Any employer who contravenes any of the provisions of subregulation
(1), or continues to employ any person after receipt of a notice from the Board
relating to such person to the effect that such person has failed to submit to
medical examination required pursuant to the provisions of subregulation (2) or
by such medical examination has been found unfit for employment in radiation
work, shall be guilty of an ofrence and be liable on conviction to a fine of
$5,000 (L.N. 97 of 1970)

10. Presumptions as to exposure to radiation

Any change in any part of the body of any person known to have been
exposed to radiation which, in the opinion of the panel, is consistent with the
efrects, of over-exposure to radiation shall be deemed to indicate over-exposure
thereto.

11. Board to keep records of medical examinations

(1) The Board shall keep a record of every medical examination carried out by
the panel in accordance with these regulations and shall supply free of charge to
every person so examined, and to his employer, if any, a certificate certifying the date
upon which such examination took place and whether such person was found to be
fit or unfit, as the case may be, to engage in radiation work.

(2) Upon application, and upon payment of a fee of $65, the Board shall issue a
certified copy of any certificate referred to in subregulation (1) to the person to
whom such certificate relates and to any present or past employer of such person.
(L.N. 212 of 1989)

12. Employers to report suspected cases
of over-exposure to radiation

(1) Every employer who has reason to believe that any person employed by him
is or appears to be suffering from the effects of over-exposure to radiation shall
notify the Board in writing of the facts upon which such belief is based as soon as
may be, and in any event not later than 7 days, after such facts have come to his
knowledge.

(2) Any employer who fails to comply with any of the provisions of
subregulation (1) shall be guilty of an offence and be liable on conviction to a
fine of $2,000. (L.N. 97 of 1970)





13. Medical examination and inquiry in cases

of suspected over-exposure to radiation

(1) If the Board, as a result of information received or otherwise, has reason to
believe that any person employed in radiation work is suffering from over-exposure
to radiation the Board shall, in the manner prescribed in regulation 9, require that
such person be medically examined by the panel; and if after such examination the
Board is satisfied that such person is suffering from the effects of over-exposure to
radiation to an extent requiring medical treatment, the Board shall, in addition to any
action which the Board may consider appropriate under regulation 9, issue free of
charge to such person a certificate certifying as to his condition.

(2) Without prejudice to anything contained in subregulation (1), if the Board
has reason to believe that any person employed in radiation work is suffering from
the effects of, or appears to have been subjected to, overexposure to radiation, the
Board may appoint one or more representatives to investigate the working
conditions or the working habits of such person, together with any equipment used
by him, and to make report thereon to the Board.

(3) If any person wilfully obstructs or, by knowingly giving false information,
endeavours to mislead any representative of the Board appointed under
subregulation (2) in the carrying out of any investigation under this regulation, he
shall be guilty of an offence and be liable on conviction to a fine of $1,000. (L.N. 97
of 1970)

PART V

CONTROL OF EXPOSURE TO
RADIATION

14. Permissible dose

(1) Except in the case of a patient who is required to be exposed to radiation in
furtherance of medical treatment or investigation prescribed by a medical practitioner
or dental practitioner, no person shall cause or permit any other person to be
exposed to a dose of radiation to any part of the body in excess of

(a) in the case of a person employed in radiation work, the maximum
permissible dose; or

(b) in the case of any other person

(i) if such person is of the age of 18 years or over, 15
millisieverts; or

(ii) if such person is under the age of 18 years, 5 millisieverts,
(L.N. 410 of 1982)

in any calendar year.





(2) Any person who contravenes any of the provisions of subregulation (1)
shall be guilty of an offence and be liable on conviction to a fine of $5,000. (L.N. 97 of
1970)



15. Register of employees

(1) Every employer who employs any persons in radiation work shall maintain
or cause to be maintained a register of such persons.

(2) Every such register shall contain the following particulars relating to every
person employed in radiation work

(a) the name (together with any alias);

(b) photograph (adequate for identification);

(c) current residential address;

(d)the date of the last medical examination made in accordance with
regulation 9 or 13, as the case may be; and

(e)the dose of radiation received, as measured in accordance with
regulation 16. (L.N. 229 of 1985)

(3) Every register maintained in accordance with this regulation shall be open to
inspection at all reasonable times by any person authorized thereto in writing by the
Board.

(4) Any employer who fails to comply with any of the provisions of
subregulation (1), (2) or (3) shall be guilty of an offence and be liable on conviction
to a fine of $2,000. (L.N. 97 of 1970)

16. Recording of personal exposure to radiation

(1) The employer of any person employed in radiation work shall make
arrangements for and shall direct the wearing by such person of a suitable personnel
radiation monitoring device of a type approved by the Board, during any period in
which such person is liable to exposure to radiation.

(2) (a)Subject to subregulation (4A), where such person is employed in
radiation work in any industrial undertaking in a workplace which is
notifiable under the provisions of the Factories and Industrial
Undertakings Ordinance (Cap. 59) the employer shall obtain at his
own expense the personnel radiation monitoring device referred to in
subregulation (1) through the Commissioner for Labour, or from a
laboratory approved by the Board, and shall arrange for the device,
identified by reference to the wearer thereof, to be returned to the
Commissioner for Labour or to the laboratory, as the case may be, for
examination at such intervals as the Commissioner for Labour may
from time to time direct.





(b)Subject to subregulation (4A), where such person is employed in
radiation work otherwise than in an industrial undertaking in a
workplace which is notifiable under the provisions of the Factories
and Industrial Undertakings Ordinance (Cap. 59), the employer shall
obtain at his own expense the personnel radiation monitoring device
referred to in subregulation (1) through the Director of Health or from
an approved laboratory, and shall arrange for the device, identified by
reference to the wearer thereof, to be returned to the Director, or to the
laboratory, as the case may be, for examination at such intervals as the
Director may from time to time direct. (50 of 1985 s. 9; L.N. 76 of 1989)

(3) Whenever a personnel radiation monitoring device is returned for
examination to the Commissioner for Labour, the Director of Health or an approved
laboratory, as the case may be, the Commissioner, the Director, or the person in
charge of such laboratory shall cause the device to be examined and shall so soon as
may be thereafter issue to the employer who submitted the device for examination a
certificate certifying the dose of radiation received as measured by the device. (L.N.
76 of 1989)

(4) Every employer to whom a certificate in accordance with the provisions of
subregulation (3) is issued shall forthwith cause the dose of radiation indicated
thereon to be entered in the register of employees required to be kept in accordance
with the provisions of regulation 15 against the name of the employee by whom.the
personnel radiation monitoring device was worn. (L.N. 63 of 1970)

(4A) Notwithstanding subregulation (2), an employer may, with the approval in
writing of the Board, obtain at his own expense the personnel radiation monitoring
device referred to in subregulation (1) otherwise than through the Commissioner for
Labour or Director of Health or from an approved laboratory and shall in that case,
cause at such intervals as the Board may from time to time direct, the dose of
radiation recorded by the device to be entered in the register of employees required
to be kept in accordance with the provisions of regulation 15, against the name of
the employee by whom the device was worn. (L.N. 229 of 1985; L.N. 76 of 1989)

(5) Any employer who fails to comply with any of the provisions of
subregulation (1), (2) or (4) shall be guilty of an offence and be liable on conviction
to a fine of $5,000. (L.N. 97 of 1970)

(6) Any person who fails or refuses to wear a suitable personnel radiation
monitoring device when so directed by his employer in accordance with the
provisions of subregulation (1) shall be guilty of an offence and be liable on
conviction to a fine of $2,000

(L.N. 229 of 1985)





PART VI

MATERIAL PROTECTION AND SAFE
PRACTICE

17. Material protection in case of

static irradiating apparatus

(1) No licence shall cause or permit any irradiating apparatus to be used
continuously in any room unless the floors, ceilings, walls and observation windows
thereof are so constructed that nowhere outside the room does the radiation dose
rate, averaged over any one minute, exceed 7.5 micrograys per hour: (L.N. 410 of
1982)

Provided that the provisions of this subregulation shall not apply to any floor,
ceiling, wall or observation window so sited that the space immediately outside
thereof is not capable of habitual occupation by any human being.

(2) All protective material, other than sheet lead, shall be indelibly marked in
such a way as to show readily its equivalent thickness of lead, and protective
materials which depend upon substances other than lead for their protective
properties shall in addition have marked thereon the constant electrical potential
used for the generation of X-rays under the conditions at which the equivalence
applies.

(3) All protective glass, including lead glass or lead barium glass, or protective
liquid observation windows, shall be clearly and indelibly marked in such a way as

show readily its equivalent thickness of lead.

(4) No license shall use any protective material, other than sheet lead, which is not
marked in accordance with the provisions of subregulation (2) or (3).

(5) Nothing in this regulation shall be construed to prevent the temporary
removal from the address stated in the licence relating thereto of any portable or
mobile irradiating apparatus incidental to its operation as such.

(6) Any licensee who contravenes any of the provisions of subregula-
tion (1) or (4) shall be guilty of an offence and be liable on conviction to a
fine of $5,000. (L.N. 97 of 1970)



18. Filtration of useful beam on, X-ray
machine used for fluoroscopy

(1) No person shall use for fluoroscopy of any part of the human body
any X-ray machine unless the total filtration of the useful beam from such
machine corresponds to not less than 2 mm thickness of aluminium, or its
equivalent where other materials are used, as determined at the maximum
voltage.
(2) Any person who contravenes any of the provisions of subregulation (1)
shall be guilty of an offence and be liable on conviction to a fine of
$5,000. (L.N. 97 of 1970)

10. Marketing of protective housing of X-ray tubes

(1) The protective housing of all X-ray tubes shall be indelibly marked in
such a way as to show readily the equivalent lead thickness of the protective
housing for the maximum voltage for which the housing is designed to be used.

(2) If the thickness of the protective material incorporated in the
protective housing is not uniform over the entire surface thereof, the marking
showing the equivalent thickness of lead may be replaced by a marking showing
the farthest distance in any direction, measured from the target of the X-ray
tube, at which all radiation, other than the useful beam, is reduced to an
exposure rate of 25 microcoulombs per kilogram per hour if the enclosed X-ray
tube is energized at its highest rate continuous milliamperage and maximum
voltage. (L.N. 410 of 1982)

(3) Any licensee who operates, or causes to be operated, any X-ray tube
which is not enclosed in a protective-housing marked in accordance with the
provisions of subregulation (1) or (2) shall be guilty of an offence and be liable
on conviction to a fine of $5,000. (L.N. 97 of 1970)

20. Restriction on radiation from television sets

Any person who manufactures, sells or possesses any television set which
emits radiation at a rate exceeding 130 nanocoulombs per kilogram per hour
measured at any readily accessible point on the surface of the apparatus shall be
guilty of an offence and be liable on conviction to a fine of $5,000.
(L.N. 97 of 1970; L.N. 410 of 1982)

21. Determination of dose rate and quality of radiation

(1) No person shall use any irradiating apparatus for therapeutic purposes
unless--

(a)the dose rate and the quality of the radiation emitted by the
apparatus have been measured by a person approved by the Board
for that purpose and using an ionometric or other method of
measurement also approved by the Board;

(b)both the dose rate and the quality of the radiation from such
apparatus are periodically so measured at such intervals as the Board
may direct; and





(c)a record of all such measurements is kept by the licensee and is open
to inspection by any person authorized by the Board for that
purpose.

(2) No person shall use a radiation dosemeter or a radiation dose-rate meter for
any determination made in accordance with subregulation (1), unless it is
independent of, or corrected for, the quality of radiation within the range for which it
is designed or used, and is provided with suitable arrangements for checking its
ability to reproduce its readings.

(3) Any person who contravenes any of the provisions of subregulation (1) or
(2) shall be guilty of an offence and be liable on conviction to a fine of $5,000. (L.N.
97 of 1970)


22. Testing of timers for use in connection

with irradiating apparatus

(1) No person shall use any time switch, exposure timer or treatment timer in
connection with any irradiating apparatus used for therapeutic purposes unless
such switch or timer is tested from time to time, as may be required by the Board, for
accuracy by a person approved by the Board for such purpose and when last so
tested was found to be accurate to within 1 %.

(2) Any person who contravenes any of the provisions of subregulation (1)
shall be guilty of an offence and be liable on conviction to a fine of $5,000. (L.N. 97
of 1970)

23. Supervision of persons undergoing treatment

(1) Any person administering any treatment involving the exposure of any
patient to radiation from any irradiating apparatus shall, during exposure to such
radiation, himself keep the patient under observation and also the apparatus by
means of which the treatment is being administered and shall determine the duration
of the treatment either by an automatic treatment timer or by an integrating
dosemeter.

(2) Any person who fails to comply with any of the provisions of subregulation
(1) shall be guilty of an ofrence and be liable on conviction to a fine of $5,000.
(L.N. 97 o f1970)



24. Recording and checking of filters

(1) In any therapeutic application of X-rays, the type of filter used for the useful
beam or the half-value layer resulting therefrom shall at each treatment be entered in
a treatment record of the patient by the person administering the treatment.





(2) If the filter is changed before any treatment, the details of the new filter shall
be checked by 2 persons, one of whom shall be the person administering the
treatment, and the other the licensee or a person authorized thereto by the licensee.

(3) Both persons referred to in subregulation (2) after having checked any new
filter in accordance with the provisions of that subregulation, shall cause the details
of the new filter and the date upon which it was checked to be entered in the
treatment record before any treatment is administered.

(4) Any person making any therapeutic application of X-rays who fails to
comply with any of the provisions of subregulation (1), (2) or (3) shall be guilty
of an offence and be liable on conviction to a fine of $5,000 (L.N. 97 of 1970)

25. Prohibition of operation of X-ray machines

in presence of ignitable gas or vapour

Any person who operates any X-ray machine in an atmosphere which contains
ignitable gas or vapour shall be guilty of an offence and be liable on conviction to a
fine of $5,000

(L.N. 97 of 1970)

PART VII

OPERATION OF IRRADIATING
APPARATUS

26. Restriction on use of irradiating apparatus

(1) No person other than a medical practitioner or a person acting under his
personal supervision shall operate an irradiating apparatus for any purpose affecting
the human body:

Provided that notwithstanding the provisions of this regulation, a dental
practitioner or a person acting under his personal supervision may operate a dental
X-ray machine for the diagnosis of conditions of the teeth or jaws.

(2) Any person who contravenes any of the provisions of subregulation (1)
shall be guilty of an offence and be liable on conviction to a fine of $5,000. (L.N. 97
of 1970)



27. Records of the use of certain rays

(1) A record shall be kept by the licensee, at the place of application, of every
application of X-rays, gamma rays, beta rays or accelerated subatomic particles
applied for medical therapeutic purposes, and such record shall be made available for
inspection on request by any person authorized by the Board for that purpose.





(2) Any licensee who fails to comply with any of the provisions of
subregulation (1) shall be guilty of an offence and be liable on conviction to a fine of
$5,000 (L.N. 97 of 1970)

28. Warning notices

(1) The licensee of any irradiating apparatus shall, if so required by the Board
either generally by notice in the Gazette or individually by notice in writing served
upon him by the Board, keep posted in a conspicuous place on or near the
irradiating apparatus such notice, in English and Chinese, as the Board may direct
drawing attention to the hazards attendant upon the improper use of such apparatus.

(2) Any licensee who fails to comply with any requirement of the Board notified
pursuant to the provisions of subregulation (1) shall be guilty of an
offence and be liable on conviction to a fine of $ 2,000. (L.N. 97 of 1970)



SCHEDULE 1
FORM 1 [reg. 3]
RADIATION ORDINANCE
(Chapter 303)
APPLICATION FOR IRRADIATING APPARATUS LICENCE

Of
hereby make application for a licence to (a)
irradiating apparatus as described hereunder, at (b)

2. (Description of type or types of irradiating apparatus for which a licence is required).

3. My qualifications are as follows (c)

................

Signature of Applicant

Dated this day of 19

(a) State purpose for which licence is required, i.e. to possess, sell, manufacture, operate, etc.
(b) State address at which such irradiating apparatus will be situate.

(c) This Paragraph need only be completed in the case of an application to operate irradiating
apparatus.





FORM 2 [reg. 4]

RADIATION ORDINANCE
(Chapter 303)

LicenceNo ....................................

IRRADIATING APPARATUS LICENCE

Fee
.......................... Valid until
.............................................................................................

.................................

(Name in full)
of
(Address in full)
is hereby licensed to (a) .........PHOTOGRAPH

the following type(s) of irradiating apparatus namely (b)

.................................

at (c)
....................................................................................
...................

subject to the conditions endorsed hereon.

Dated this day of 19

.................

for Radiation Board

(a) State purpose for which licence is issued, i.e. to possess, sell, manufacture, operate,
etc. (b) State type ofapparatus to which this licence applies. (c) State address or site at
which the apparatus is to be situated.

CONDITIONS

(L.N. 97 of 1970)

SCHEDULE 2 [reg. 5]

1..........................................Any licence other than a licence referred to in item 2 $800
2..........................................A licence entitling the holder thereof to possess irradiating apparatus pending
consideration of an application for a licence to operate such apparatus $350

(L.N. 97 of 1970; L.N. 43 of 1976; L.N. 212 of 1989)

https://oelawhk.lib.hku.hk/items/show/3161

RADIATION (CONTROL OF RADIOACTIVE SUBSTANCES) REGULATIONS

RADIATION (CONTROL OF RADIOACTIVE SUBSTANCES)
REGULATIONS

ARRANGEMIENT OF REGULATIONS

Regulation Page

PART 1

PRELIMNARY

1. Citation ............................A3
2. Interpretation ......................A3
2A. Delegation of powers and functions .A 4

PART II

LICENSING, CONVEYANCE AND
STORAGE

3. Application for licence .............A5
4. Licence .............................A 5
5. Licence to be exhibited .............AS
6. Labelling ...........................A6
7. Conveyance of radioactive substances on vehicles or vessels A 8
8. Storage .............................A 9
9. Disposal of radioactive waste .......All

PART III

CONTROL OF
EXPOSURE

10. Precautions with regard to exposure ......... ................ All
11. Register of employees ....................... .......
All
12. Recording of personal exposure to radiation A 12
13. Conditions for first employment ..... A 13

14. Conditions for continued employment .......................... A 14
15. Presumptions as to exposure to radiation A 14

16.......................................Radiation Board to keep records of medical examinations A 15

17. Medical examination and inquiry in cases of suspected over-exposure to

radiation ............................................................. A 15

PART IV

WORKPLACES ANI)
EQUIPMENT

18. Construction and cleaning of workroom, etc . A
16
19. Use of luminous compounds ........... A 16





Regulation Page

20.......................................Exhaust ventilation A 17
21.......................................Tool racks and cleaning of tools A 17
22.......................................Receptacles for certain substances A 17
23.......................................Ventilation of drying stove A 17
24.......................................Provision of storage safes in certain cases A 18
25.......................................Disposal and transport of radioactive waste A 18
26.......................................Method of cleaning A 19
PART V
PRECAUTIONS FOR WORKERS
27.......................................Protective clothing, etc . A 19
28.......................................Protective screens A 20
29.......................................Washing facilities A 21
30.......................................Prevention of bodily absorption of radioactive substance A 21
31.......................................Prohibition of the use of mouth-operated equipment A22

PART VI

SUPERVISION

32. Supervision ..........................A 22
33. Warning notices where ionizing radiations are used A 22
34. Action to be taken in the event of spillage, loss, etc . A 23
Schedule ...........................................................................................................................
...........................................A 24





RADIATION (CONTROL OF RADIOACTIVE SUBSTANCES)
REGULATIONS

(Cap. 303, section 13)

[I October 19651 L.N. 114 of 1965

L.N. 67 of 1965 - L.N. 98 of 1970, L.N. 42 of 1976, L.N. 410 of 1982, R. Ed. 1982, L.N. 228 of
1985, L.N. 76 of 1989, L.N. 211 of 1989, by

PART 1

PRELMNARY

1. Citation

These regulations may be cited as the Radiation (Control of Radioactive

Substances) Regulations.

2. Interpretation

(1) In these regulations, unless the context otherwise requires

'affected industrial undertaking' means an industrial undertaking within the
meaning of the Factories and Industrial Undertakings Ordinance (Cap. 59), in or
by which any radioactive substance is manufactured, used, handled, conveyed
or stored;

'affected undertaking' means any undertaking whatsoever, whether carried on for
gain or otherwise, in which any radioactive substance is manufactured, used,
handled, conveyed or stored, other than an affected industrial undertaking;

'approved laboratory' means a laboratory approved by the Board for the purposes
of regulation 12;

'Authority', in relation to an affected industrial undertaking, means the
Commissioner for Labour and, in relation to an affected undertaking, or in
relation to any person not engaged in an undertaking, the Director of Health;
(L.N. 76 of 1989)

'employ' and 'employment' include reference to any kind of work carried out for
another whether voluntarily or for consideration;

'handling' includes physical contact or contact by remote control with any
radioactive substance or container containing any such substance;





'luminous compound' means luminous material consisting of or containing any
radioactive substance;

,,open air' means a space which

(a) is vertically uncovered and unobstructed;

(b) is not less, in any horizontal dimension, than 1.5 m; and

(c)where such space is enclosed on 4 sides, has a horizontal area of not
less than 0.25 m' for every metre of the mean height of the walls
enclosing the space; (L.N. 410 of 1982)

64panel' means such committee as the Board may from time to time appoint under
section 5 of the Ordinance, for the purpose of advising the Board upon matters
affecting or concerning the state of health of persons employed or to be
employed in any work or process involving manufacture or handling of any
radioactive substance;

'personnel radiation monitoring device' means a device designed to be worn or
carried by an individual for the purpose of measuring exposure to radiation and
includes a photographic film suitable for that purpose, placed in an appropriate
film holder; (L.N. 228 of 1985)

'proprietor', in relation to any affected undertaking or affected industrial
undertaking, includes any person for the time being having the management or
control or receiving the profits of the business carried on in such undertaking
or employing any person engaged in such business;

'radiation' means ionizing radiation; (L.N. 228 of 1985)

'radioactive waste' means waste radioactive substances and waste material
contaminated by radioactive substances or which, having regard to its use, may
have become so contaminated;

'sealed source' means a radioactive substance which is permanently enclosed in a
container in such a manner that it or any part of it cannot be separated from the
container unless the container is damaged, but also in such a manner as to
permit of the emission of radiation;

'unsealed radioactive substance' means any radioactive substance which is not a
sealed source;

vessel means any launch or ferry vessel within the meaning of section 96 of the
Merchant Shipping Ordinance (Cap. 281), and any vessel to which the
provisions of Part XIV of that Ordinance apply.

(2) (Repealed L.N. 410 of 1982)

2A. Delegation of powers and functions

The Authority may, by notice in the Gazette, delegate to any public officer

the exercise of any of the powers (or the performance of any of the duties)

conferred (or imposed) upon the Authority by these regulations.

(L.N. 228 of 1985)





PART 11

LicENsiNG, CONVEYANCE AND STORAGE

3. Application for licence

Every application pursuant to any of the provisions of section 7 or 8 of the
Ordinance for any licence relating to any radioactive substance shall be made in
writing addressed to the Authority and shall contain, so far as may be applicable,
the following particulars

(a) the purpose for which the licence is required;

(b) the nature and quantity of the radioactive substance in question;

(c) the type of packing in which the substance is contained;

(d) the type and dose rate of radiation at the surface of any package;

(e)in the case of a licence to manufacture, use or store any radioactive
substance, the place in which it is to be manufactured, used or stored,
and, in the case of a licence to possess for the purpose of transport,
the intended means of transport and the place from which it is to be
taken and the destination;

in the case of any application pursuant to the provisions of section 8
of the Ordinance, the area in which prospecting or mining is to be
undertaken; and

(g) such other particulars as the Authority may require.

4. Licence

(1) A fee of $1,200 in respect of any period of 12 months or any part thereof
shall be payable to the Authority in respect of the grant or renewal of a licence
required by section 7 of the Ordinance for any radioactive substance. (L.N. 42 of
1976; L.N. 211 of 1989)

(2) A licence shall be issued in the name of the applicant and shall contain, so
far as may be applicable, the particulars specified in regulation 3 and any conditions
imposed.

(3) A licence granted or renewed shall be valid for 12 months with effect from
the date of grant or renewal thereof or for such lesser period as may be specified in
the licence.

(4) No licence shall be transferable.

(L.N. 98 of 1970)

5. Licence to be exhibited

(1) A person to whom a licence has been issued or renewed under the
Ordinance shall cause the licence to be exhibited in a conspicuous place in the
premises where the radioactive substance concerned is stored or otherwise dealt
with.





(2) Any person who fails to comply with subregulation (1) shall be guilty of an
ofrence and shall be liable on conviction to a fine of $2,000.

.9 M(L.N. 98 of 1970)

6. Labelfing

(1) No person shall store or convey, or cause or permit to be stored or
conveyed, any container containing any radioactive substance unless such
container bears

(a) in the case of any container in respect of which the dose rate of

the radiation at any point on the external surface of the container
does not exceed-

(i) 2.5 microcoulombs per kilogram per 24 hours in the case of
gamma or X radiation;

(ii) the equivalent of 2.5 microcoulombs per kilogram per 24 hours in
the case of beta-radiation; or

(iii) those values of flux given in Table 1 to this regulation in the case
of neutrons,

a label in the form of Label A prescribed in the Schedule (in this

Part referred to as a White Label);

(b) in the case of any container in respect of which the dose rate of

the radiation at any point on its external surface exceeds the
limits specified in paragraph (a) but does not exceed at any such
point-

(i)50 microcoulombs per kilogram per hour in the case of gamma or
X radiation;

(ii)the equivalent of 50 microcoulombs per kilogram per hour in the
case of beta-radiation; or

(iii)those values of flux given in Table II to this regulation in the
case of neutrons,

or if measured at a distance of 1 m from any point on the
external surface-

(iv) 2.5 microcoulombs per kilogram per hour in the case of gamma or
X radiation;

(v) the equivalent of 2.5 microcoulombs per kilogram per hour in the
case of beta-radiation; or

(vi) those values of flux given in Table 111 to this regulation in the
case of neutrons,

a label in the form of Label B prescribed in the Schedule (in this

Part referred to as a Yellow Label).

(2) For the purposes of subregulation (1), the limits for dose rates referred to for
each type of radiation shall be deemed to be equivalent in biological effectiveness.





(3) Any person who contravenes any of the provisions of subregulation (1)
shall be guilty of an offence and liable on conviction to a fine of $5,000 (L.N. 98 of
1970)



TABLE I

Neutron fluxes biologically equivalent to a dose rate of 2.5 microcoulombs per kilogram per
24 hours of gamma radiation.

Energy of neutrons Flux: Neutronslem's

0.025 CV 111
10 CV 111
10 keV 56
0,1 MeV 11
0.5 MeV 4
1 MeV 3
2 MeV 2
3 to 10 MeV 2

TABLE II

Neutron fluxes biologically equivalent to a dose rate of 50 microcoulombs per kilogram per
hour of gamma radiation.

Energy of neutrons Flux: Neutrons/cms

0.025 CV 53300
10 CV 53300
10 keV 26700
0.1 MeV 5330
0.5 MeV 2130
1 MeV 1600
2 MeV 1070
3 to 10 MeV 800

TABLE Ill

Neutron fluxes biologically equivalent to a dose rate of 2.5 microcoulombs per kilogram per
hour of gamma radiation.

Energy of neutrons Flux: Neutrons/cm's

0.025 CV 2670
10 CV 2670
10 keV 1330
0.1 MeV 270
0.5 MeV 110
1 MeV 80
2 MeV 53
3 to 10 MeV 40

(L.N. 410 of 1982)





7. Conveyance of radioactive substances

on vehicles or vessels

(1) No person shall move, or cause or permit to be moved, by land or water any
radioactive substance except under and in accordance with a written permit granted
by the Authority.

(2) Except with the permission in writing of the Authority, no person shall
convey, or cause or permit to be conveyed, on any one vehicle or vessel at any one
time more than 40 containers of radioactive substance bearing White or Yellow
Labels or, in the case of containers bearing Yellow Labels, such lesser number of
containers as will Emit the total number of radiation units indicated on such Labels
to a number not exceeding 40 units.

(3) For the purposes of subregulation (2), the total of the dose rates of the
following types of radiation measured at 1 m from the external surface of a package,
at the place where the value is highest, shall be called the number of radiation units
for the package

(a)for gamma-and/or X-radiation of energy greater than 200 keV: the
number of microcoulombs per kilogram per hour multiplied by 4;

(b)for gamma-and/or X-radiation of which more than 20% has an energy
less than 200 keV: the number of microcoulombs per kilogram per
hour multiplied by 6;

(c)for beta-radiation: the number of microcoulombs per kilogram per
hour multiplied by 4 which is equivalent;

(d)for neutrons: the number of radiation units, according to the flux
relationship given in the Table to this subregulation. (L.N. 410 of
1982)

TABLE

Relationship of neutron flux to radiation
unit.

Energy of neutronsFlux equivalent to 1 radiation
unit (neutron/cm's)

0.025 eV 267
10 eV 267
10 keV 133
0.1 MCV 27
0.5 MCV 11
1 MeV 8
2 Mev 5
3 to 10 MeV 4





(4) No person shall convey, or cause or permit to be conveyed, any radioactive
substance on any vehicle unless there be conspicuously displayed at the front and
rear thereof notices in English and Chinese indicating the presence of such
substance.

(5) No person shall convey, or cause or permit to be conveyed, any
radioactive substance in any vehicle or vessel except under the supervision of
the owner, consignor or consignee of the substance or his representive
authorized in that behalf.

(6) No person shall convey, or cause or permit to be conveyed, any
passengers other than the crew of the vehicle or vessel and the owner, consignor
or consignee or any representative thereof authorized in that behalf, in any
vehicle or vessel which is conveying radioactive material; and no person shall
cause or permit any member of the crew of such vehicle or vessel to be in the
some compartment thereof as that in which the radioactive material is conveyed
or otherwise nearer to such material than the distance specified in the Table to
regulation 8(2).

(7) No person shall convey, or cause or permit to be conveyed, any goods
classified in the Dangerous Goods (Classification) Regulations (Cap. 295 sub.
leg.) as being dangerous goods in the same vehicle or vessel as that is which any
radioactive substance is conveyed unless such dangerous goods are themselves
radioactive substances.

(8) Any person who contravenes any of the provisions of
(a) subregulation (1) or (2) shall be guilty of an offence and liable on
conviction to a fine of $5,000; and
(b) subregulation (4), (5), (6) or (7) shall be guilty of an offence and
liable on conviction to a fine of $2,000. (L.N. 98 of 1970)

8. Storage

(1) No person shall store in any one place a greater number of containers
containing any radioactive substance and bearing White or Yellow Labels, as
referred to in regulation 6, than 40 or such lesser number of containers that the
total number of radiation nits indicated on such labels does not exceed 40 units:
Provided that the Authority may grant, subject to such conditions as it
may think fit to impose, permission in writing for this number of containers or
radiation units, as the case may be, to be exceeded in any particular case where
the Authority is satisfied that adequate safety precautions exist.

(2) No person shall store, or cause or permit to be stored, any container
containing any radioactive substance and bearing a Yellow Label, as referred to
in regulation 6, nearer to any area which is used for living accommodation or as
regularly occupied working space than the distance, measured in any direction,
specified in the Table to this subregulation appropriate to the number of
radiation units specified therefor.





TABLE

Minimum distance in metres from living

Total number of radiation accommodation or regularly occupied

units shown on package labelsworking space

A B c D
up to 1 3 3 3 4.5
2 to 5 8 3 3 4.5
6 to 10 11 4.5 3 4.5
Il to 25 18 6 3 4.5
26 to 40 27 9 3 4.5

(L.N. 410 of 1982)

(3) For the purposes of the Table to subregulation (2)-

(a)column A applies where there are no intervening goods, walls or other
material of not less than the density of water situated between the
container containing the radioactive substance and the living
accommodation or working space in question;

(b)column B applies where there is situated not less than 0.6 m of goods
or other material of not less than the density of water and at least one
partition composed of sheet steel of not less than 12 mm in thickness,
or the equivalent in density thereto if composed of other material,
between the container containing the radioactive substance and the
living accommodation or working space in question;

(c)column C applies where there is situated not less than 2 m of goods or
other material of not less than the density of water and at least 2
partitions composed of sheet steel of not less than 12 mm in thickness,
or the equivalent in density thereto if composed of other material,
between the container containing the radioactive substance and the
living accommodation or working space in question;

(d)column D applies where there is situated not less than 4.2 m of goods
or other material of not less than the density of water and at least 2
partitions composed of sheet steel of not less than 12 mm in thickness,
or the equivalent in density thereto if composed of other material,
between the container containing the radioactive substance and the
living accommodation or working space in question; and

(e)the density of water shall be taken to be 1 kilogram per cubic
decimetre. (L.N. 410 of 1982)

(4) No person shall store, or cause or permit to be stored, any radioactive

substance in any store or in a room of any building unless there is conspicuously





displayed on every entrance to such store or room a notice in English and

Chinese indicating the presence therein of such substance.

(5) Any person who contravenes any of the provisions of subregulation
(1), (2) or (4) shall be guilty of an offence and liable on conviction to a fine of
$5000. (L.N. 98 of 1970)


9. Disposal of radioactive waste

(1) No person shall dispose of, or cause or permit the disposal of, any
radioactive waste from any place otherwise than by a method approved by the
Board either generally by notification in the Gazette or in writing in any particular
case.

(2) Any person who contravenes any of the provisions of subregulation
(1) shall be guilty of an offence and liable on conviction to a fine of $5,000.
(L.N. 98 of 1970)

PART III

CONTROL OF EXPOSURE

10. Precautions with regard to exposure

(1) No proprietor of any affected undertaking or affected industrial
undertaking shall cause or permit any person employed therein to be exposed to
ionizing radiations exceeding the maximum permissible dose as defined in
relation to irradiating apparatus in the Rediation (Control of Irradiating
Apparatus) Regulations (Cap. 303 sub. leg.)
(2) Any proprietor of any affected undertaking or affected industrial
undertaking who contravenes any of the provisions of subregulation (1) shall be
guilty of an offence and liable on conviction to a fine of $5,000. (L.N. 98 of
1970)

11. Register of employees

(1) The proprietor of any affected undertaking or affected industrial
undertaking shall maintain, or cause to be maintained, a register of every person
employed in such undertaking in any work or process involving the handling of any
radioactive substance. (L.N. 98 of 1970)

(2) Every such register shall contain the following particulars relating to every
person required to be registered therein, namely

(a) the name (together with any alias);

(b) photograph (adequate for identification); (e)

(c) current residential address;





(d)the date of the last medical examination made in accordance with
regulation 13 or 14, as the case may be; and

(e)the dose of radiation received, as measured in accordance with
regulation 12. (L.N. 228 of 1985)

(3) A copy of every register maintained in accordance with this regulation shall
be filed with the Authority and thereafter a copy of every addition to or deletion
from such register of any entry therein, except an entry relating to subregulation
(2)(e), shall be filed with the Authority within 7 days after such addition or
deletion is made.

(4) Every register maintained in accordance with this regulation shall be open to
inspection at all reasonable times by any inspector.

(5) Any proprietor of any affected undertaking or affected industrial
undertaking who contravenes or fails to comply with any of the provisions of this
regulation shall be guilty of an ofrence and liable on conviction to a fine of
$5,000. (L.N. 98 of 1970)



12. Recording of personal exposure to radiation

(1) The proprietor of any affected undertaking or affected industrial undertaking
shall make arrangements for the wearing of, and shall direct every person employed
in such undertaking in any process involving the handling or transport of any
unsealed radioactive substance to wear, a suitable personnel radiation monitoring
device of a type approved by the Board, during any period in which such person is
liable to be exposed to radiation. (L.N. 98 of 1970)

(2) Subject to subregulation (4A), the proprietor of any affected undertaking
or affected industrial undertaking at his expense shall obtain the personnel radiation
monitoring device referred to in subregulation (1) through the Authority, or from an
approved laboratory, and shall arrange for the device, identified by reference to the
wearer thereof, to be returned to the Authority or to the laboratory, as the case may
be, for examination at such intervals as the Authority may from time to time direct.

(3) Whenever a personnel radiation monitoring device is returned for
examination to the Authority or to an approved laboratory, as the case may be, the
Authority, or the person in charge of the laboratory, shall cause the device to be
examined and, so soon as may be thereafter, shall issue to the proprietor who
submitted the device for examination a certificate stating the dose of radiation
received as measured by the device.

(4) Every proprietor to whom a certificate in accordance with subregulation (3)
is issued shall forthwith cause the dose of radiation stated thereon to be entered in
the register of employees required to be kept in accordance with the provisions of
regulation 11 against the name of the person by whom such personnel radiation
monitoring device was worn.





(4A) Notwithstanding subregulation (2), the proprietor of an affected
undertaking or affected industrial undertaking may, with the approval in writing of
the Board, obtain at his own expense the personnel radiation monitoring device
referred to in subregulation (1) otherwise than through the Authority or from an
approved laboratory and shall in that case, cause at such intervals as the Board may
from time to time direct, the dose of radiation recorded by the device to be entered in
the register of employees required to be kept in accordance with the provisions of
regulation 11, against the name of the person by whom the device was worn. (L.N.
228 of 1985)

(5) (a)Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of this
regulation shall be guilty of an offence and liable on conviction to a
fine of $5,000.

(b)Any person who fails to wear a suitable personnel radiation
monitoring device when so directed by the proprietor of any affected
undertaking or afrected industrial undertaking in which he is employed
shall be guilty of an ofrence and liable on conviction to a fine of
$1,000.
(L.N. 228 of 1985)

13. Conditions for first employment

(1) No proprietor of any affected undertaking or affected industrial undertaking
shall employ therein any person in any work or process involving the handling or
transport of any unsealed radioactive substance who

(a) is under the age of 18 years; or

(b)has not, within the period of 4 months immediately preceding his first
employment by such proprietor in such work or process, undergone a
medical examination by the panel, including blood examination and the
taking of relevant medical and occupational histories, and has been
certified fit for such employment.

(2) Any person may apply in writing to the Board for medical examination by the
panel for the purpose of complying with the requirements of subregulation (1)(b)
and, upon receipt of the application, the Board shall direct the panel to carry out, free
of charge, such examination as soon as may be, but in any event not exceeding 14
days, after receipt of the application and shall within 10 days after the examination
supply to the applicant 2 copies of a certificate certifying the date upon which the
examination took place and whether the applicant was found to be fit or unfit, as the
case may be, for employment in radiation work.

(3) For the purpose of this regulation the expression 'first employment'
includes re-employment in any work or process involving the handling of any
radioactive substance following a cessation of such employment for any period
exceeding 14 months.





(4) Any proprietor of any affected undertaking or affected industrial

undertaking who contravenes any of the provisions of subregulation (1) shall be
guilty of an offence and liable on conviction to a fine of $ 5,000.

(L.N. 98 of 1970)

14. Conditions for continued employment

(1) No proprietor of any affected undertaking or affected industrial undertaking
shall continue to employ any person for any period exceeding 14 months in any
work involving the handling or transport of any unsealed radioactive substance
unless such person undergoes medical examination by the panel, including blood
examination, at intervals of not more than 14 months during the continuance of such
employment and is after each examination certified by the Board to be fit for such
employment.

(2) Notwithstanding anything contained in subregulation (1), the Authority may
require, by notice in writing served upon the proprietor of such undertaking, that
any person employed by him in any work or process involving the handling or
transport of any unsealed radioactive substance shall undergo medical examination
by the panel, including blood examination, at such time or at such lesser intervals
than those specified in subregulation (1) as the Authority, having regard to the
circumstances of the case, may consider expedient to safeguard the health of such
person; and if such person fails to submit to examination or, after examination, is
certified by the Board to be unfit for such employment, such proprietor shall,
forthwith upon receipt of notice in writing to that effect from the Authority, cease to
employ such person on such work or process.

(3) Whenever a notice in writing is served upon any proprietor of an affected
undertaking or affected industrial undertaking in pursuance of the powers conferred
by subregulation (2), a copy thereof shall also be served upon the person to which
the notice relates.

(4) Any proprietor of any affected undertaking or affected industrial
undertaking who contravenes or fails to comply with any of the provisions of
subregulation (1) or (2) shall be guilty of an offence and liable on conviction to a fine
of $5,000.

(L.N. 98 of 1970)

15. Presumptions as to exposure to radiation

Any change in any part of the body of any person who has been engaged in
any work or process involving the handling or transport of any radioactive
substance which, in the opinion of the panel, is consistent with the effects or over-
exposure to radiation shall be deemed to indicate over-exposure thereto.





16. Radiation Board to keep records

of medical examinations

(1) The Board shall keep a record of every medical examination carried out by
the panel in accordance with these regulations and shall supply free of charge to any
person so examined, and to the proprietor of the affected undertaking or affected
industrial undertaking, as the case may be, in which such person is employed, a
certificate certifying the date upon which the examination took place and whether
such person was found to be fit or unfit to be employed in any work or process
involving the handling or transport of any unsealed radioactive substance. (L.N. 98
of 1970)

(2) Upon application, and upon payment of a fee of $65, the Board shall issue a
certified copy of any certificate referred to in subregulation (1) to the person to
whom such certificate relates and to any present or past employer of such person.
(L.N. 211 of 1989)

17. Medical examination and inquiry in cases

of suspected over-exposure to radiation

(1) If the Authority, as a result of information received or otherwise, has reason
to believe that any person employed in any affected undertaking or affected
industrial undertaking is suflering from over-exposure to radiation the Authority
shall, in the manner prescribed in regulation 14(2), require that such person be
medically examined by the panel; and if after such examination the Board is satisfied
that such person is suffering from the effects of over-exposure to radiation to an
extent requiring medical treatment, the Board shall, in addition to any action which
the Board may consider appropriate under regulation 14, issue free of charge to such
person a certificate certifying as to his condition.

(2) Without prejudice to anything contained in subregulation (1), if the
Authority has reason to believe that any person employed in any affected
undertaking or affected industrial undertaking is suffering from the effects of, or
appears to have been subject to, over-exposure to radiation, the Authority may
appoint one or more representatives to investigate the working conditions or the
working habits of such person, together with any equipment used by him and to
make report thereon to the Authority.

(3) A copy of any report made pursuant to the provisions of subregulation (2)
shall be forwarded by the Authority to the Board.

(4) If any person wilfully obstructs or, by knowingly giving false information,
endeavours to mislead any representation of the Authority appointed under
subregulation (2) in the carrying out of any investigation under this regulation, he
shall be guilty of an offence and liable on conviction to a fine of $1,000. (L.N. 98 of
1970)







PART IV

WORKPLACES AND
EQUIPMENT

18. Construction and cleaning of workroom, etc.

(1) The proprietor of any affected undertaking or affected industrial
undertaking shall cause

(a)the floors and walls of all workrooms in which unsealed radioactive
substances are used to be constructed of smooth impervious material
with all interstices eflectively scaled, and to be so designed as to
permit of easy cleaning;

(b)all benches and tables on which unsealed radioactive substances are
used to have a hard impervious surface, with all interstices effectively
sealed, and to be so designed as to permit of easy cleaning;

(c)all workers exposed to or liable to be exposed to ionizing radiations to
be provided with seats of a substantial pattern having smooth
impervious surfaces capable of being readily cleaned.

(2) The proprietor of any affected undertaking or afrected industrial undertaking
shall cause all benches or tables on which unsealed radioactive substances are
handled and all seats used by workers engaged in the handling thereof to be cleaned
at the end of each working day or shift and the floors of any workroom in which such
substances are used to be cleaned not less than once in each working day and the
walls thereof not less than once in each week.

(3) Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of this regulation shall
be guilty of an offence and liable on conviction to a fine of $2,000.

(L.N. 98 of 1970)

19. Use of luminous compounds

(1) The proprietor of any affected undertaking or affected industrial
undertaking

(a)shall cause any luminous compound whenever practicable to be
applied by a wet method;

(b)shall not cause or permit the use of brushes in any process for the
application of any unsealed radioactive substance without the written
permission of the Authority; and

(c)shall not cause or permit luminous powder to be used in any process
without the written permission of the Authority.

(2) Any proprietor of any affected undertaking or affected industrial
undertaking who contravenes or fails to comply with any of the provisions of





subregulation (1) shall be guilty of an offence and liable on conviction to a fine of
$2,000.

(L.N. 98 of 1970)

20. Exhaust ventilation

(1) No proprietor of any affected undertaking or affected industrial undertaking
shall cause or permit any work involving the handling of any unsealed radioactive
substance in powder, paste, gas or vapour form to be carried out by any person
except in a cabinet provided with exhaust ventilation of a type approved by the
Authority.

(2) (a)Any proprietor of any affected undertaking or affected industrial
undertaking who contravenes any of the provisions of subregulation
(1) shall be guilty of an offence and liable on conviction to a fine of
$5,000.

(b)Any person employed in any such undertaking who carries out any
work referred to in subregulation (1) otherwise than in a cabinet of a
type referred to therein shall be guilty of an offence and liable on
conviction to a fine of $1,000.

(L.N. 98 of 1970)

21. Tool racks and cleaning of tools

(1) The proprietor of any affected undertaking or affected industrial undertaking
shall, for the storage of tools not in actual use, provide suitable racks on all work
benches on which any unsealed radioactive substance is handled and shall cause
such racks and all such tools to be cleaned at the end of each working day or shift.

(2) Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of subregula-
tion (1) shall be guilty of an offence and liable on conviction to a fine of $ 2000.
(L.N. 98 of 1970)

22. Receptacles for certain substances

(1) The proprietor of any affected undertaking or affected industrial
undertaking shall provide receptacles of a kind approved by the Authority for all
unsealed radioactive substances used or stored in such undertaking.

(2) Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of subregulation (1)
shall be guilty of an offence and liable on conviction to a fine of 2,000 (L.N.
98 of 1970)

23. Ventilation of drying stove

(1) No proprietor of any affected undertaking or affected industrial undertaking
shall cause or permit the use of any stove for the drying of any





unsealed radioactive substance, or for the drying of any article to which any such
substance has been applied, which is not effectively ventilated to the open air to the
satisfaction of the Authority.

(2) Any proprietor of any affected undertaking or affected industrial

undertaking who contravenes any of the provisions of subregulation (1) shall be
guilty of an offence and liable on conviction to a fine of $2,000. (L.N. 98 of
1970)

24. Provision of storage safes in certain cases

(1) If so required by the Authority the proprietor of any affected undertaking or
affected industrial undertaking shall provide and maintain for the storage of
radioactive substances, including scaled sources, one or more storage safes of a
kind approved by the Authority, and shall ensure that all radioactive substances
which are not in use are stored therein and that only the minimum quantities required
for immediate use are removed therefrom at any one time.

(2) Every safe referred to in subregulation (1) which contains any radioactive
substance which emits any radioactive substance in gaseous form shall be provided
with adequate ventilation to the open air.

(3) The proprietor shall ensure that no radioactive substance, including any
sealed source, is removed from the safe referred to in subregulation (1) unless it is
contained in a suitable protective container and is removed by a person having
reasonable experience or training in the use of radioactive substances.

(4) Any proprietor of any afrected undertaking or affected industrial

undertaking who fails to comply with any of the provisions of this regulation
shall be guilty of an offence and liable on conviction to a fine of $5,000
(L.N. 98 of 1970)

25. Disposal and transport of radioactive waste

(1) The proprietor of any affected undertaking or affected industrial
undertaking shall cause all radioactive waste to be removed at frequent intervals
from any workplace in which any radioactive substance, including any sealed
source, is handled, and in any case at the end of each working day or shift, and shall
cause such waste to be placed in one or more containers of a type approved by the
Authority and thereafter disposed of in accordance with the provisions of regulation
9.

(2) Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of subregulation (1) shall
be guilty of an offence and liable on conviction to a fine of $2,000.

(L.N. 98 of 1970)





26. Method of cleaning

(1) The proprietor of any affected undertaking or affected industrial undertaking
shall cause all cleaning which is required to be done under these regulations to be
done by a wet method and all implements used in such cleaning to be properly
washed after use and kept, when not in use, in a locked cupboard kept exclusively
for that purpose.

(2) Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of subregulation (1) shall
be guilty of an offence and liable on conviction to a fine of $6,000.

(L.N. 98 of 1970)

PART V

PRECAUTIONS FOR
WORKERS

27. Protective clothing, etc.

(1) The proprietor of any affected undertaking or affected industrial
undertaking shall

(a)cause every worker employed in such undertaking who is engaged in
the handling of any unsealed radioactive substance to be supplied
with, and shall direct every such worker to wear, an overall of a
pattern approved by the Authority;

(b)cause any such overall, after each occasion upon which it is used,
either to be washed in such manner as the Authority may approve for
the purpose of preventing the spread of contamination, or to be
disposed of as radioactive waste in accordance with the provisions of
regulation 9;

(c)cause every worker employed in such undertaking who is engaged in
the handling of any unsealed radioactive substance, in addition to
the overall referred to in paragraph (a), to be supplied with, and shall
direct every such worker to wear rubber or plastic gloves for
protecting the hands and suitable headgear for protecting the hair;

(d)cause all such gloves to be washed each time they are removed from
the wearers' hands after use and such headgear, when in use, to be
washed or renewed at least once each week in such manner as the
Authority may approve;

(e)cause every worker employed in such undertaking who is engaged in
the handling of any unsealed radioactive substance to be supplied
with a locker to be used solely for the storage of personal protective
equipment;





cause every worker employed in such undertaking who is engaged in
the handling of any unsealed radioactive substance to be provided
with an adequate supply of paper handkerchiefs and shall direct
every such worker not to use any other handkerchief for any purpose
while so engaged;

(g)cause arrangements to be made for the deposit in receptacles, of a
type respectively approved by the Authority, of used paper
handkerchiefs requiring disposal and of used articles of personal
protective equipment requiring laundering;

(h)cause receptacle referred to in paragraph (g) to be at all times situated
in every workroom, locker room and ablution room used by any worker
engaged in the handling of any unsealed radioactive substance and
shall cause each such receptable to be emptied of its contents at the
end of each working day or shift and the contents thereof disposed of
in accordance with the provisions of regulation 9 as radioactive waste,
or, as the case may be, laundered or stored for laundering in a manner
approved by the Authority.

(2) The Authority may, upon application in any particular case and upon being
satisfied that adequate alternative safety precautions are taken, by notice in writing
addressed to the proprietor of any affected undertaking or afrected industrial
undertaking in question waive all or any of the provisions of subregulation (1),

(3) Subject to the provisions of subregulation (2)

(a) any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of
subregulation (1) shall be guilty of an -offence and liable on
conviction to a fine of $5,000.

(b)any person who fails to comply with any direction required to be given
pursuant to any of the provisions of subregulation (1) shall be guilty
of an ofrence and liable on conviction to a fine of $1,000.

(L.N. 98 of 1970)

28. Protective screens

(1) The proprietor of any affected undertaking or affected industrial undertaking
in which any person is employed in any work or process involving the handling of
any unsealed radioactive substance in liquid form shall provide for the use of such
person, and shall direct such person to use, a suitable protective screen so
constructed that it is or can be placed in a position between the face and the hands
of the worker so as effectively to screen the face from the work during the handling
of the substance.





(2) (a)Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of
subregulation (1) shall be guilty of an offence and liable on conviction
to a fine of $15,000.

(b)Any person who fails to comply with any direction given by the
proprietor of any affected undertaking or affected industrial
undertaking pursuant to the provisions of subregulation (1) shall be
guilty of an offence and liable on conviction to a fine of $1,000.

(L.N. 98 of 1970)

29. Washing facilities

(1) The proprietor of any affected undertaking or affected industrial undertaking
shall provide washing facilities with soap, towels and nail brushes and an adequate
supply of water free from radioactive contamination for the use of any person
employed in any work or process involving the handling of any unsealed radioactive
substance or any containers of such substance, and shall direct any such person to
make adequate use of such facilities.

(2) (a)Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of
subregulation (1) shall be guilty of an offence and liable on conviction
to a fine of $5,000

(b)Any person who fails to comply with any direction given by the
proprietor of any affected undertaking or affected industrial
undertaking given pursuant to the provisions of subregulation (1)
shall be guilty of an offence and liable on conviction to a fine of $3,000

(L.N. 98 of 1970)

30. Prevention of bodily absorption

of radioactive substance

(1) No person shall, in any affected undertaking or affected industrial
undertaking, introduce into any workplace in which any radioactive substance is
handled any article not essential to the processes performed in that workplace and,
without prejudice to the generality of the foregoing, no food or drink, or utensil for
the partaking of food or drink, or any materials or articles for smoking or for the
application of cosmetics shall be so introduced.

(2) Every worker employed in any affected undertaking or affected industrial
undertaking who is engaged in the handling.of any radioactive substance shall

(a) wash his hands before each meal; and

(b)before leaving his place of work, deposit all personal protective
equipment in the locker or receptacle, as the case may be,





provided therefor in accordance with regulation 27(1)(e), (g) or (h)
and thereafter wash his hands.

(3) Any person who contravenes any of the provisions of subregulation (1) and
any worker who fails to comply with any of the provisions of subregulation (2) shall
be guilty of an offence and liable on conviction to a fine of $1,000. (L.N. 98 of 1970)



31. Prohibition of the use of mouth-operated equipment

(1) No proprietor of any affected undertaking or affected industrial undertaking
shall cause or permit any person employed therein in work involving the handling of
any unsealed radioactive substance to operate by means of his mouth any plant,
apparatus or other equipment whatsoever.

(2) Any proprietor of any affected undertaking or affected industrial
undertaking who contravenes any of the provisions of subregulation (1) shall be
guilty of an offence and liable on conviction to a fine of $5,000 (L.N. 98 of
1970)

PART VI

SUPERVISION

32. Supervision

(1) The proprietor of any affected undertaking or affected industrial undertaking
shall appoint a person having reasonable experience or training in the use of ionizing
radiations or the handling of radioactive substances to supervise any work carried
on in such undertaking which involves such use or such handling.

(2) Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of subregulation (1)
shall be guilty of an offence and liable on conviction to a fine of $2,000.
(L.N. 98 of 1970)

33. Warning notices where ionizing radiations are used

(1) If so required by the Authority, either generally by notification in the Gazette
or in any particular case by request in writing addressed to the proprietor, the
proprietor of any affected undertaking or affected industrial undertaking, as the case
may be, shall post such notices as the Authority may require to be posted in any
place in the undertaking in which ionizing radiations are used.





(2) The proprietor of any affected undertaking or affected industrial undertaking
who fails to post any notice referred to in subregulation (1) when so required in
accordance with the provisions of that subregulation shall be guilty of an offence
and liable on conviction to a fine of $2.000. (L.N. 98 of 1970)

34. Action to be taken in the event of spillage, loss, etc.

(1) In the event of spillage or other loss of any radioactive substance in any
affected undertaking or affected industrial undertaking or in the course of any form
of transportation or of any other occurrence in any such undertaking, whether
accidental or otherwise, of such a nature that the safety or health of any person is or
may be adversely affected thereby, the proprietor of such undertaking, or the carrier
in the case of transportation, shall, so soon as the fact of such spillage, loss or
occurrence comes to his attention, cause a report of the circumstances to be made to
the Authority, and, if such report is made verbally, it shall be followed by a report in
writing made within 48 hours thereafter.

(2) In the event of spillage of any radioactive substance in any affected
undertaking or affected industrial undertaking, the proprietor of such undertaking
shall immediately order the removal of all persons from the workplace affected; and
shall so soon as may be thereafter cause the area to be cleansed by a wet method
under the supervision of such person as the Authority may designate for the
purpose; and until the workplace has been cleansed to the satisfaction of the person
so designated and such person has so certified in writing, the proprietor shall permit
only such persons as may be required to effect the cleansing to enter the workplace.

(3) In the event of loss of any radioactive substance in any affected
undertaking or affected industrial undertaking, the Authority may take such steps as
he considers necessary and practicable for the protection of any person who might
suffer injury as a result of the loss.

(4) In the event of any other occurrence of the nature described in
subregulation (1) in any affected undertaking or affected industrial undertaking, the
proprietor of such undertaking shall take such remedial action as the Authority may
direct.

(5) Any proprietor of any affected undertaking or affected industrial
undertaking who fails to comply with any of the provisions of subregulation (1) or
(2) or who fails to comply with any direction given by the Authority pursuant to the
provisions of subregulation (4), and any carrier who fails to comply with any of the
provisions of subregulation (1), shall be guilty of an offence and liable on conviction
to a fine of $5,000. (L.N. 98 of 1970)







SCHEDULE [reg. 61

LABEL A

RADIOACTIV />

...
0 At * *
OF 00~ ...

LABEL B



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.1

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(L.N. 410 of 1982; L.N. 228 of 1985)

https://oelawhk.lib.hku.hk/items/show/3160

RADIATION ORDINANCE

LAWS OF HONG KONG

RADIATION ORDINANCE

CHAPTER 303

REVISED EDITION 1982

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 303,

RADIATION ORDINANCE

ARRANGEMENT OF SECTIONS
Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Constitution of Radiation Board ... ... . ... ... ... ... ... ... 3

4. Functions of the Board ... ... ... ... ... ... ... . ... ... ... ... 3

5. Advisory, technical and medical committees ... ... ... ... ... ... ... ... 4

6. Delegation of powers and functions ... ... ... ... ... ... ... ... ... ... 4

7. Control of radioactive substances and irradiating apparatus ... ... ... ... ... 4

8. Control of prospecting for and mining radioactive minerals ... ... ... ... ... 4

9. Grant, etc. of licences ... ... ... ... ... ... ... ... ... ... ... ... ... 5

10. Cancellation and suspension of licences ... ... ... ... ... ... 5

11. Appeal ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

12. Conditions of licences ... ... ... ... ... ... ... ... ... ... ... ... ... 6

13. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6

14. Recommendations for protection from radiation hazards ...
... ... ... ... 7

15. Power to exempt from provisions of Ordinance or regulations ...
... ... ... 8

16. Appointment and powers of inspectors ... ... ... ... ... ... ... ... ... 8

17. Obstruction ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9

18. False statements ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9

19. Disclosure of information ... ... ... ... ... ... ... ... ... ... ... ... 9

20. Continuing offences ...
... ... ... ... ... ... ... ... ... ... ... ... 9

21. Forfeiture ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9

22. Liability of licence holder for offences committed by his employees and agents 9

23. Liability of directors, etc., where offence committed by company ... ... ... ... 10

24. Amendment of Schedule ... ...
... ... ... ... ... ... ... ... ... ... 10

25. Saving for other enactments ... ...
... ... ... ... ... ... ... ... 10

Schedule. Radioactive Minerals ... ... ... ... ... ... ... ... ... ... ... ... ... 10





CHAPTER 303

RADIATION

To control the import, export, possession and use of radioactive
substances and irradiating apparatus and the prospecting and
mining for radioactive minerals and for purposes connected
therewith.

[6 September 1957.]

1. This Ordinance may be cited as the Radiation Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Board' means the Radiation Board established under section 3;

'inspector' means a person appointed under section 16(1) to be an
inspector for the purposes of this Ordinance;

'ionizing radiation' means electromagnetic radiation (that is to say, X-
ray or gamma ray photons or quanta) or corpuscular radiation, (that
is to say, alpha particles, beta particles, electrons, positrons,
protons, neutrons or heavy particles) being electromagnetic
radiation or corpuscular radiation capable of producing ions and
emitted from a radioactive substance or from a machine that is
intended to produce ionizing radiations, or from a machine in which
electrons are accelerated by a voltage of not less than 5 kilovolts;
(Added, 6of 1961, s. 2. Amended, L.N. 410182)

'irradaiating apparatus' means any appartus which is intended
to produce or emit, or is capable of producing or emitting,
ionizing radiation at a dose rate in excess of 5 microsieverts per
hour at a distance of 5 centimetres from any accessible point of
the surface of the apparatus; (Replaced, 55 of 1970, s.2.
Amended, L.N. 410/82)

'medical practitioner' means a person for the time being registered or
exempted from registration under the Medical Registration
Ordinance;

'mine' includes all operations for the intentional winning or obtaining
of any radioactive mineral;

'prospect' means to search for any radioactive mineral and includes
such working as is reasonably necessary to enable the prospector
to test the radioactive mineral bearing qualities of the area
concerned;

'radioactive mineral' means any substance specified in the Schedule;

'radioactive substance' means any substance which consists of or
contains any radioactive chemical element whether natural or
artificial and whose specific activity exceeds 75 bequerels of parent
radioactive chemical element per gram of substance;

(Replaced, 6 of 1961, s. 2. Amended, L.N. 410182)





'substance' means any natural or artificial substance, whether in solid
or liquid form or in the form of gas or vapour, and includes any
manufactured article or any article which has been subjected to any
artificial treatment or process.

3. (1) There is hereby established for the purposes of this
Ordinance a Board to be known as the Radiation Board.

(2) The Board shall consist of-

(a) the following ex officio members, namely-

(i) the Director of Medical and Health Services;

(ii) the Commissioner for Labour, or a person nomi-
nated by him as his representative; (Replaced, 55 of
1970,s.3)

(iii) the Director-of Trade, or a person nominated by him as
his representative; and (Replaced, 55 of 1970,s.3. Amended,
L.N. 206,177 and L.N. 294/82)

(b)such persons not exceeding 10 in number as the Governor may
appoint.

(3) Members of the Board appointed under subsection (2)(b) shall
hold office for 3 years and may be re-appointed or removed by the
Governor at his pleasure. In the event of any vacancy occurring from
any cause such vacancy shall be filled by appointment by the Governor
and a member so appointed shall hold office for so long as the member
in whose place he has been appointed would have held office.

(4) The Director of Medical And Health Services shall be ex officio
Chairman of the Board. In the absence of the Chairman from any
meeting of the Board, the members of the Board present shall appoint
one of their number to be Chairman.

(5) The Board shall meet at such places and times as the Chairman
of the Board may appoint, and at any meeting 5 members shall form a
quorum.

(6) Every question before the Board shall be determined by a
majority of the votes of the members present at the meeting of the
Board.

(7) The Chairman of the Board shall have a deliberative vote and, in
the case of an equality of votes, shall also have a casting vote.

(8) Except as expressly provided in this Ordinance or in any
regulations made thereunder, the Board may regulate its procedure and
may make standing orders for that purpose.

(9) A secretary to the Board shall be appointed by the Governor.

4. The functions of the Board shall be-

(a) to grant or refuse to grant licences under this Ordinance
and to impose conditions on any licence so granted;





(b)to cancel, suspend or renew licences issued under this
Ordinance;

(c)to exercise any power vested in the Board under this
Ordinance;

(d)to handle any other matter which under this Ordinance may or
is to be referred to the Board and is referred to it.

5. The Board may from time to time appoint such advisory,
technical or medical committees as it thinks fit to advise on such matters
within the scope of its functions as are referred thereto by the Board.
Any person may be appointed to be a member of any such committee
notwithstanding that he is not a member of the Board, but a member of
the Board shall be the Chairman of any such committee.

(Amended, 6 of 1961, s. 3)

6. The Board may, with the consent of the Governor, by notice in
the Gazette, delegate to any public officer the exercise of any of the
powers (or the performance of any of the duties) conferred (or imposed)
upon the Board by sections 9, 10 and 12.

(Added, 55 of 1970, s. 4)

7. (1) Subject to such exemptions as may be prescribed, no person
shall, except under and in accordance with a licence issued under this
Ordinance

(a) manufacture or otherwise produce; or

(b) sell or otherwise deal in or with; or

(c) have in his possession or use,

any radioactive substance or irradiating apparatus. (Amended, 26 of
1965, s. 2)

(2) Any person who contravenes any of the provisions of
subsection (1) shall be guilty of an offence and shall be liable to a fine of
$10,000 and to imprisonment for 2 years.

(3) Nothing in this section shall apply to any radioactive
substance or irradiating apparatus in transit through the Colony in
any ship so long as such substance or apparatus remains in the
ship.
(Added, 26 of 1965, s. 2)

8. (1) Notwithstanding anything contained in the Mining
Ordinance, no person shall prospect for or mine any radioactive mineral
except under and in accordance with a licence issued under this
Ordinance.

(2) If any such mineral is discovered in the course of prospecting
under a prospecting licence granted under either the Prospecting and
Mining Ordinance 1906, or the Mining Ordinance, the holder of such
licence shall immediately notify the Chief Secretary of such discovery.





(3) If any such mineral is discovered in the course of mining under
a mining licence or mining lease granted under either the Prospecting
and Mining Ordinance 1906, or the Mining Ordinance, no such mineral
shall be removed without the consent of the Governor.

(4) Any person who contravenes any of the provisions of this
section shall be guilty of an offence and shall be liable to a fine of
$10,000 and to imprisonment for 2 years.

9. (1) On application in the prescribed manner by any person
desiring to obtain a licence under this Ordinance, or to renew a licence
issued under this Ordinance, the Board may grant or refuse to grant a
licence to the applicant or renew or refuse to renew the licence issued
under this Ordinance, as the case may be.

(2) Every application for a licence under this Ordinance or for
renewal of a licence issued under this Ordinance shall be accompanied
by such information or particulars as may be prescribed or as the Board
may require. (Amended, 55 of 1970, s. 5)

(3) Every licence granted or renewed under subsection (1) shall, on
payment of such fee as may be prescribed, be issued or renewed in the
prescribed manner and in the appropriate prescribed form, and shall be
valid, unless cancelled or suspended, for such period as the Board may
determine. (Amended, 55 of 1970, s. 5)

10. (1) By notice in writing to the holder of a licence issued under
this Ordinance, the Board may cancel, or for such period as it thinks fit,
suspend, the licence, if the Board is satisfied that

(a)the holder thereof or any servant or agent of such holder has
been convicted of an offence against this Ordinance or the
regulations made thereunder; or

(b)the holder thereof or any servant or agent of such holder has
committed a breach of any of the terms or conditions of the
licence; or

(e) for any other reason, it is in the public interest so to do.

(2) Where any licence is cancelled or suspended under subsection
(1), neither the licence fee nor any part thereof shall be returned unless
the Board so directs.

11. (1) An appeal by an applicant for or holder of a licence under
this Ordinance shall lie by way of petition to the Governor from any
refusal to grant or renew or from any cancellation or suspension of a
licence under section 9 or 10 within one month of notice being given of
such refusal, cancellation or suspension.

(2) On consideration of the petition, the Governor may make such
order as he thinks proper and such order shall be final.





12. (1) Any licence granted under section 9(1) shall be subject to
such conditions as the Board may see fit to impose, and any conditions
so imposed may at any time be varied, added to or revoked by the
Board. (Amended, 55 of 1970, s. 6)

(2) Without limiting the general powers conferred by subsection
(1) any such condition may restrict the licence to

(a)radioactive substances of a specified kind or specified kinds;

(b)a specified apparatus or apparatus of a specified kind or
specified kinds;

(e) specified purposes.

13. (1) The Board may, subject to the approval of the Legislative
Council, by regulation prescribe or provide for

(a)precautions to be taken to prevent injury being caused by
ionizing radiations to the health of persons employed in places
where radioactive substances are manufactured, produced,
treated, stored, or used, or where irradiating apparatus is used,
or of other persons likely to be exposed to harmful radiation;

(b)methods of disposing of radioactive waste products from any
source whatever;

(c)the structural requirements of buildings where any radioactive
substance is manufactured, produced, treated, used, or stored,
or where irradiating apparatus is used;

(d)precautions to be taken to prevent injury being caused by the
transport of radioactive substances to the health of persons
engaged therein and other persons;

(e) the method of packing any radioactive substance;

marks to be placed on vessels, vehicles or containers
containing any radioactive substance;

(g)the method of treatment or disposal of any package, container
or vessel that has been used to convey, hold, or store any
radioactive substance;

(h)the manner in which and the conditions subject to which
radioactive substances may be stored or used;

(i)the purposes for which any radioactive substance or
irradiating apparatus may be used;

(j)the use of any specified radioactive substance containing
more than a specified concentration or amount of any
radioactive chemical element;

(k) the use of any specified type of irradiating apparatus;





(1)the maximum working hours of persons employed in the
mining, manufacture, production, treatment, storage or use of
radioactive substances or the use of irradiating apparatus,
regulating the employment of those persons, the minimum
holidays to be taken by those persons, and the medical
examination of those persons;

(m)the issue by medical practitioners of prescriptions containing
any radioactive substance;

(n)the dispensing and compounding of any prescription
containing any radioactive substance;

(o)the making of returns by owners and persons in possession of
radioactive substances of the quantities and classes of
radioactive substances held by them;

(p)the keeping by purchasers of radioactive substances of
records specifying the purposes to which those substances
are put, and the inspection of those records, and for the
making of returns of entries in those records;

(q)the keeping of records of all applications of X-rays or
radioactive substances for any specified purpose;

(r)the forms of applications, licences, notices and other
documents required for the purposes of this Ordinance or
regulations made thereunder, or authorizing the Board to
prescribe such forms;

(s)the fees payable in respect of any licence under this
Ordinance;

(t)the classification of licences for the purposes of this
Ordinance;

(u)the exemption of any class of persons or of any substance,
article or apparatus from the operation of any or all of the
provisions of this Ordinance or regulations made
thereunder;

(v)such matters as are required or permitted to be prescribed
under this Ordinance;

(w) the better carrying out of the provisions of this Ordinance.

(2) Regulations made under this section may provide that
contravention of specified provisions of such regulations shall be an
offence and may provide penalties therefor:

Provided that no penalty so provided shall exceed a fine of 000 and
imprisonment for 2 years.

14. (1) The Board may from time to time issue free of charge in such
manner as it thinks fit recommendations for protection from radiation
hazards for the guidance of licensees and persons engaged in radiation
work.





(2) Failure on the part of any person to observe the provisions of
any such recommendations shall not of itself render that person liable to
criminal proceedings of any kind, but any such failure may in any
proceedings under this Ordinance be relied upon by any party to the
proceedings as tending to establish or to negative any liability which is
in question in those proceedings.

(Added, 6 of 1961, s. 4)

15. (1) The Board may grant, subject to such conditions or
restrictions as it may consider expedient, exemption from any of the
provisions of this Ordinance or of any regulations made thereunder
to any specified person, group or class of persons where,
having regard to the public interest to be served and the degree of risk, if
any, to human health involved by the granting of such exemption. the
Board is of opinion that it is expedient and safe so to do.

(2) A notice in writing signed by the Chairman of the Board of any
exemption granted in accordance with subsection (1) shall be issued to
the person, or class of persons to which such exemption applies:

Provided that in the case of a group or class of persons such
notice may be issued by means of a notification in the Gazette.

(3) (Added, 6 of 1961, s. 4)

16. (1) The Board may from time to time appoint persons by, name
or office to be inspectors for the purposes of this Ordinance.

(2) Any inspector may, on producing, if so required, a duly
authenticated document showing his authority. enter and inspect at all
reasonable hours any premises, vehicle, vessel or aircraft in which there
is any radioactive substance or irradiating apparatus in respect of which
a licence is for the time being in force under this Ordinance or in respect
of which a licence under this Ordinance is not required by virtue of any
exemption made by regulation under section 13.

(3) If a magistrate is satisfied from information on oath of any
inspector that

(a)entry into any premises, vehicle, vessel or aircraft in exercise of
the powers conferred by subsection (2) has been refused; or

(b) there are reasonable grounds for suspecting that an offence
against this Ordinance or any regulation made thereunder
has been or is being committed in or in connexion with any
premises, vehicle, ship or aircraft.

the magistrate may, by warrant under his hand, authorize any person
named in the warrant together with any police officer, to enter and
search such premises, vehicle, vessel or aircraft, if necessary by force.

(4) In the exercise of the powers of entry and inspection under
subsection (2) or of entry and search under a warrant granted under
subsection (3), any inspector may





(a)take without payment such samples of any substance which he
believes to be a radioactive substance as are necessary for the
examination and testing thereof,

(b)examine and calibrate any irradiating apparatus or any
apparatus which he believes to be an irradiating apparatus;

(c) seize, remove and detain anything with respect to which
he may have reasonable grounds for suspecting that any
offence against this Ordinance or any regulation made
thereunder has been committed.

17. Any person who obstructs, whether actively or passively,
any person in the execution of any power conferred by or under
section 16 shall be guilty of an offence and shall be liable to a fine of
$2,000 and to imprisonment for 6 months.

18. Any person who, for the purpose of obtaining, whether for
himself or any other person, the grant of any licence under this
Ordinance, or for any other purpose in relation to this Ordinance or
any regulation made thereunder, makes any declaration or state-
ment which to his knowledge is false in any particular shall be guilty
of an offence and shall be liable to a fine of $5,000.

19. Any person who discloses any information obtained in the
exercise of any powers conferred by this Ordinance, being informa-
tion with regard to any manufacting process or trade secret, unless
the disclosure was made in accordance with the directions of the
Board or for the purpose of proceedings for an offence against this
Ordinance or any regulation made thereunder, shall be guilty of an
offence and shall be liable to a fine of $5,000.

20. Any person guilty of an offence against this Ordinance or
any regulation made thereunder shall, in addition to any other
penalty prescribed for such offence, be liable to a fine of $500 for
every day during the whole or any part of which such offence is
knowingly and wilfully continued.

21. (1) A magistrate may orde to be forfeited to the Crown
any radioactive substance or irradiating apparatus in respect of
which an offence against this Ordinance or any regulation made
thereunder has been committed, whether any person has been
charged with such offence or not.

(2) Any radioactive substance or irradiating apparatus for-
feited under subsection (1) shall be sold or otherwise disposed of in
such manner as the Board directs.

22. Whenever it is proved to the satisfaction of any court
have jurisdiction that an offence against this Ordinance or any
regulation made thereunder has been commited by any employee or
agent of any person holding a licence issued under this Ordinance,
such person shall be held to be liable for such offence and to the





penalty provided therefor, unless he proves that the offence was
committed without his knowledge knowledge and that he had exercised
all due diligence to prevent the commission of the offence:

Provided that

(a)no such person shall be sentenced to imprisonment (except
in default of payment of a fine) for any offence under
this section; and

(b)nothing in this section shall be deemed to exempt the employee
or agent from the penalties provided for the offence
committed by him.

23. Where a person by whom an offence under this Ordinance has
been committed is a company, every director and every officer
concerned in the management of the company shall be guilty of the like
offence unless he proves that the act constituting the offence took place
without his knowledge or consent.

(Added, 6 of 1961, s. 5)

24. Subject to the approval of the Legislative Council, the Board
may by order amend the Schedule.

25. The provisions of this Ordinance a%d any regulation made

&bevel, shall be in addition to and not in derogation of the provisions
of any other enactment relating to radioactive substances or irradiating
apparatus.

SCHEDULE [ss. 2 & 24.1

RADio,AcTivF MINERALS

(1)Any mineral containing uranium or thorium or any compound thereof and, in
particular and without prejudice to the generality of this -paragraph, the
substances hereinafter set out in this Schedule. (Amended, L.N. 76165)

(2)Minerals of the pitchblende group, including pitchblende, uraninite, ulrichite,
broggerite, cleveite and related mineral species.

(3)Secondary uranium minerals including torbernite, autunite, uranite, rutherfor-
uranophane, gummite, thorogummite, uranocircite, kasolite, becquerelite, and
other silicates, hydrates, carbonates, phosphates or arsenates of uranium.

(4) Carnotite, tyuyamunite, and related uranium-bearing vanadate ores.

(5)Uranium-bearing niobate-titanate-tantalate ores, including euxenite, polycrase,
blomstrandine, priorite, samarskite, fergusonite, betafite and related minerals.

(6) Monazite, thorite, and thorianite.
Originally 35 of 1957. 6 of 1961. 26 of 1965. L.N. 76/65. 55 of 1970. L.N. 206/77. L.N. 294/82. L.N. 410/82. Short title. Interpretation. (Cap. 161.) Schedule. Constitution of Radiation Board. Functions of the Board. Advisory, technical and medical committees. Delegation of powers and functions. Control of radioactive substances and irradiating apparatus. Control of prospecting and mining radioactive minerals. (Cap. 285.) (7 of 1906.) (Cap. 285.) Grant, etc. of licences. Cancellation and suspension of licences. Appeal. Conditions of licences. Regulations. Recommendations for protection from radiation hazards. Power to exempt from provisions of Ordinance or regulations. Appointment and powers of inspectors. Obstruction. False statements. Disclosure of information. Continuing offences. Forfeiture. Liability of licence holder for offences committed by his employees and agents. Liability of directors, etc., where offence committed by company. Amendment of Schedule. Saving for other enactments.

Originally 35 of 1957. 6 of 1961. 26 of 1965. L.N. 76/65. 55 of 1970. L.N. 206/77. L.N. 294/82. L.N. 410/82. Short title. Interpretation. (Cap. 161.) Schedule. Constitution of Radiation Board. Functions of the Board. Advisory, technical and medical committees. Delegation of powers and functions. Control of radioactive substances and irradiating apparatus. Control of prospecting and mining radioactive minerals. (Cap. 285.) (7 of 1906.) (Cap. 285.) Grant, etc. of licences. Cancellation and suspension of licences. Appeal. Conditions of licences. Regulations. Recommendations for protection from radiation hazards. Power to exempt from provisions of Ordinance or regulations. Appointment and powers of inspectors. Obstruction. False statements. Disclosure of information. Continuing offences. Forfeiture. Liability of licence holder for offences committed by his employees and agents. Liability of directors, etc., where offence committed by company. Amendment of Schedule. Saving for other enactments.

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HONG KONG TOURIST ASSOCIATION RULES

HONG KONG TOURIST ASSOCIATION RULES

(Cap. 302, section 20)

[31 October 1958.1

1. These rules may be cited as the Hong Kong Tourist
Association Rules.

2. (1) Application for membership of the Association shall
be made on the forms authorized by the Board.

(2) An application for membership by a recognized travel
agent shall be accompanied by a certificate from an international
passenger carrier to the effect that the applicant is the agent for such
carrier.

3. (1) The Board may, with the approval of the Financial
Secretary, determine the entrance and annual fees payable by travel
industry and ordinary members of the Association respectively.

(2) The entrance and annual membership fees determined by
the Board under paragraph (1) shall-

(a) be published in the Gazette;

(b)be payable in the case of annual membership fees on or
before 1 April each year;

(c) not be refunded upon termination of membership; and

(d)be computed on a monthly basis with any period of an
incomplete month counting as one month.

(3) Notwithstanding paragraph (2)(b), a member of the
Association may, if he so chooses, pay the annual membership fee
payable by him in 4 equal instalments on or before 1 April, 1 July,
1 October and 1 January each year.

4. (1) Notice of each meeting of the Association shall be
given to every member thereof at least 7 clear days before such
meeting. Accidental omission to give such notice to any member
shall not affect the validity of the meeting.

(2) A letter containing such notice posted pre-paid to the
address contained in the member's application form shall be a
sufficient service of the notice.

5. At meetings of the Association the Chairman shall be the
Chairman of the Board or his nominee. The Chairman shall have an
original vote and also, if the votes be equal, a casting vote.

6. (1) At any meeting of the Association 10 travel industry
or ordinary Members of the Association shall constitute a quorum.





(2) In the event of there being no quorum at a meeting, the
meeting shall stand adjourned to the same day in the next week at
the same time and place, or to such other day, time and place
as the Chairman may by notice to the members appoint. At such
adjourned meeting, the Chairman and 2 travel industry or ordinary
Members may transact the business for which the meeting was
called.

7. It is required of all members of the Association that they
shall-

(a)undertake to further at all times the objects of the Associa-
tion as set out in section 4 of the Ordinance;

(b)maintain ethical standards at all times in the conduct of
their business, discouraging malpractices contrary to the
interests of the tourists;

(c)employ for the purposes of their business only such guides
as are registered with the Association;

(d)inform the Board in writing of any changes in the Directors
of the member company or the partners of the member
partnership or the principal officers of the member associa-
tion as the case may be,

(e) comply with any codes of practice imposed by the Board.
G.N.A. 70/58. L.N. 140/67. L.N. 177/75. L.N. 82/83. Citation. Application for membership. L.N. 82/83. Fees. L.N. 82/83. Notice of meetings. Chairman of meetings. Quorum at meetings. L.N. 82/83. Requirements of membership. L.N. 82/83. L.N. 82/83.

G.N.A. 70/58. L.N. 140/67. L.N. 177/75. L.N. 82/83. Citation. Application for membership. L.N. 82/83. Fees. L.N. 82/83. Notice of meetings. Chairman of meetings. Quorum at meetings. L.N. 82/83. Requirements of membership. L.N. 82/83. L.N. 82/83.

https://oelawhk.lib.hku.hk/items/show/3158

HONG KONG TOURIST ASSOCIATION ORDINANCE

th
LAWS OF HONG KONG

HONG KONG TOURIST ASSOCIATION

ORDINANCE

CHAPTER 302

OF

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 302

HONG KONG TOURIST ASSOCIATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1...................................Short title 2
2..................................Interpretation 2

3..........................Establishment and constitution of Association ............. 3

4..............................Objects of Association 3
5............................Eligibility for membership 3

6.................................Application for and admission to membership 3

7............................Termination of membership 4
8..............................Officers and servants 4
9.....................Establishment and constitution of Board 4
9A.....................................(Spent) 6
10......Resignation of members and power of Governor to declare office vacant 7
11...........................Board to be a body corporate 7

12. Seal of the Board and authentication thereof, and instruments executed

thereunder .............................7
13.........Certain contracts and instruments not required to be under seal 7
14.....................Board to have management of Association 7
14A..................Restriction on future financial commitments 8
15...........Board to make recommendations to Governor on certain matters 8
16.............................General powers of Board 8
16A....................Governor in Council may give directions 9
17.......................Power of Board to appoint committees 9
17A.....................................Grants 9
17B...................................Estimates 10
18................................Accounts and audit 10
19.....................................Reports 11
20...........................Power of Board to make rules 11
21.............................Meetings of Association 11
22.................Proceedings at meetings of Association and Board 11
23.............................Validity of proceedings 12
24..............Prohibition of possession and use of badges or emblems 12
25.................Unauthorized use of the title of the Association 12
26...........................Power to amend the Schedule 13

Schedule. Facsimiles of badges of the Association 13





CHAPTER 302

HONG KONG TOURIST ASSOCIATION

To provide for the establishment and constitution of a tourist association and a
board of management, and for matters connected therewith.

[21 June 19571

Originally 29 of 1957 5 of 1958, 25 of 1959, 24 of 1960, 52 of 1965, 53 of 1970, 22 of 1972,
56 of 1974, L.N. 111 of 1975, 71 of 1979, 77 of 1982, L.N. 336 of 1983, R. Ed. 1983,58 of
1989

1. Short title

This Ordinance may be cited as the Hong Kong Tourist Association

Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires

'Association' means the Hong Kong Tourist Association established under section
3; (Amended 56 of 1974s. 3)

'Board' means the Board of Management established under section 9;

'financial year' means a period of 12 months beginning on 1 April;

-international carriage' means any carriage by sea or air where the place of departure
and the place of destination are situated in different countries;

'international passenger carrier' means any person carrying on a business
providing international carriage for passengers into and out of Hong Kong, and
includes the agent in Hong Kong of any such person; (Amended 77 of 1982 ss.
2 & 13)

'recognized travel agent' means a travel agent recognized by an international
passenger carrier as its agent;

',scheduled journeys' mean journeys which are undertaken between the same two
places and which together amount to a systematic service operated in such a
manner that the benefits thereof are available to members of the public from
time to time seeking to use them; (Added 77 of 1982 s. 2)

'tour operator' means any person carrying on a business in Hong Kong which
consists, wholly or in part, in organizing and conducting tours for or in
supplying guides to visitors to Hong Kong. (Added 77 of 1982 s. 2)

(2) For the purposes of this section, every colony, overseas territory or

protectorate shall be deemed to be a separate country.

(Amended 24 of 1960 s. 2)





3. Establishment and constitution of Association

(1) There shall be established an association to be known as the Hong Kong
Tourist Association (Amended56of 1974s. 4)

(2) The Association shall consist of travel industry and ordinary members
admitted to membership under section 6. (Replaced 77 of 1982 s. 3)

4. Objects of Association

The objects of the Association shall be

(a) to endeavour to increase the number of visitors to Hong Kong;

(b)to further the development of Hong Kong as a tourist destination;
(Amended 77 of 1982 s. 4)

(e) to promote the improvement of facilities for visitors;

(d)to secure overseas publicity for the tourist attractions of Hong Kong;

(e)to co-ordinate the activities of persons providing services for visitors
to Hong Kong;

(f)to make recommendations to and advise the Governor in relation to
any measures which may be taken to further any of the foregoing
matters.

(Amended 77 of 1982 s. 13)

5. Eligibility for membership

(1) Any body of persons incorporate or group of persons unincorporate, being

(a) an international passenger carrier;

(b) an hotel proprietor;

(c) a recognized travel agent; or

(d) a tour operator,

shall be eligible for admission to membership of the Association as a travel
industry member.

(2) Any body of persons incorporate or group of persons unincorporate, who
are

(a)interested in travel and tourist development, either commercially or
otherwise; and

(b) not eligible for membership under subsection (1), shall be eligible for
admission to membership of the Association as an ordinary member.

(Replaced 77 of 1982 s. 5)

6. Application for and admission to membership

(1) Every application for membership of the Association shall be made to

the Board.(Amended 5 of 1958 s. 4; 24 of 1960 s. 4)





(2) The Board shall consider all such applications and shall admit to
membership of the Association such of those persons who are eligible for
membership, as it thinks fit.

7. Termination of membership

The Board may, if it thinks fit, terminate, at any time, the membership of any
travel industry or ordinary member of the Association.

(Amended 5 of 1958 s. 5; 77 of
1982 s. 6)

8. Officers and servants

(1) The Association shall have an executive director and a deputy executive
director (hereinafter referred to as the Executive Director and Deputy Executive
Director respectively) and such other officers, servants and agents as the Board may
determine.

(2) The Executive Director, Deputy Executive Director and such other officers,
servants and agents shall be appointed by the Board, and the terms of any such
appointment, as to remuneration or otherwise, shall be such as the Board may
determine:

Provided that the appointment of the Executive Director and Deputy Executive
Director, and their remuneration and terms of appointment, shall be subject to the
approval of the Governor.

(Amended 71 of 1979 s. 2; 77 of
1982 s. 2)

9. Establishment and constitution of Board

(1) The Association shall have a Board of Management consisting of 11
persons of whom

(a)6 (called 'appointed members') shall be appointed by the Governor as
he thinks fit; and

(b)4 (called 'nominated travel industry members') shall be nominated by
the travel industry members of the Association and appointed by the
Governor; 1 by each of the following classes of members

(i) international passenger carriers;
(ii) hotel proprietors;
(iii) recognized travel agents;
(iv) tour operators; and

(c)1 (called 'nominated ordinary member') shall be nominated by the
ordinary members of the Association, and appointed by the Governor.

(2) Members of the Board shall hold office for such period not exceeding 3
years as the Governor shall stipulate.





(i) an individual;

(ii) except in the case of a person nominated by international
passenger carriers, accepted by the Board as being engaged in
the day to day activities of a member in the class which
nominated him; and

(iii) in the case of a person nominated by international passenger
carriers, accepted by the Board as being engaged in the day to
day activities of a member of that class which

(A) carries passengers by air on scheduled journeys; or
(B) carries passengers by sea.

(b)A person nominated as a nominated ordinary member shall be an
individual.

(c)When for any reason a vacancy occurs in the office of a nominated
travel industry member, the class of members by whom such member
was nominated may, within 1 month of the occurrence of such
vacancy, nominate another person for appointment as a nominated
travel industry member.

(d)When for any reason a vacancy occurs in the office of a nominated
ordinary member the ordinary members may, within 1 month of the
occurrence of such vacancy, nominate another person for
appointment as a nominated ordinary member.

(e)Where he thinks fit, the Governor may, after consultation with those
persons who are members of the Board, decline to appoint

(i) as a nominated travel industry member any person who has been
nominated under subsection (1)(b);

(ii) as a nominated ordinary member any person who has been
nominated under subsection (1)(c).

(f Where-
(i) within 1 month of the occurrence of any vacancy in the office of
a nominated travel industry member, the class of members by
whom such member was nominated for appointment has not
nominated another person for appointment as a nominated
travel industry member; or

(ii) the Governor declines to appoint as a nominated travel industry
member any person who has been nominated for such
appointment under subsection (1)(b) by any class of members,

those persons who are members of the Board at the expiry of such
month or at the time the Governor so declines to appoint a person as
a nominated travel industry member, as the case may





be, may nominate another person for appointment as a nominated
travel industry member; and such nomination shall be made and have
effect as if the nomination were made by that class of members.

(g) Where~--

(i) within 1 month of the occurrence of any vacancy in the office of
a nominated ordinary member, the ordinary members have not
nominated another person for appointment as a nominated
ordinary member; or

(ii)the Governor declines to appoint as a nominated ordinary
member any person who has been nominated for such
appointment under subsection (1)(c),

those persons who are members of the Board at the expiry of such
month or at the time the Governor so declines to appoint a person as
a nominated ordinary member, as the case may be, may nominate
another person for appointment as a nominated ordinary member; and
such nomination shall be made and have effect as if the nomination
were made by ordinary members.

(h)Every nomination under subsection (1) shall be made in accordance
with such procedure as the Board may prescribe.

(4) When for any reason a vacancy occurs in the office of an appointed member
of the Board, such vacancy shall be filled by appointment by the Governor.

(5) The Governor shall appoint a member of the Board as chairman thereof, and
may appoint another member of the Board to act as chairman thereof during the
temporary incapacity by illness or during the temporary absence from Hong Kong of
the chairman.

(6) The Governor may appoint any person to be temporarily a member of the
Board during the temporary incapacity by illness or during the temporary absence
from Hong Kong of any member of the Board, and

(a)where the member so incapacitated or absent is a nominated travel
industry member, the person appointed under the provisions of this
subsection shall be appointed as representing the class of members by
whom such member was nominated for appointment;

(b)where the member so incapacitated or absent is a nominated ordinary
member, the person appointed under the provisions of this subsection
shall be appointed as representing ordinary members.

(Replaced 77 of 1982 s. 8)

9A. (Spent)





10. Resignation of members and power of
Governor to declare office vacant
(1) A member of the Board may, at any time, by notice in writing
addressed to the Governor, resign his office as such.
(2) If the Governor is satisfied that a member of the Board-
(a) has become bankrupt or made an arrangement with his creditors;
(b) is incapacitated by physical or mental illness; or
(c)is otherwise unable or unfit to discharge the functions of a
member of the Board,
the Governor may declare his office as a member of the Board to be vacant, and
shall notify the fact in such manner as he thinks fit, and thereupon his office
shall become vacant.

11. Board to he a body corporate
The Board shall be a body corporate and shall have the name of the Hong
Kong Tourist Association Board and in that name shall have perpetual
succession and may sue and be sued.

12. Seal of the Board and authentication thereof,
and instruments executed thereunder
(1) The Board shall have a common seal, and the affixing of the seal shall
be authenticated by the signatures of-
(a)the chairman of the Board, or some other member thereof
authorized for that purpose by the Board either generally or
specially; and
(b)some other person authorized for that purpose by the Board,
either generally or specially.
(2) Any instrument purporting to be an instrument duly executed under
the seal of the Board shall be received in evidence and shall, unless the contrary
is proved, be deemed to be an instrument so executed.

13. Certain contracts and instruments
not required to he under seal
Any contract or instrument which, if entered into or executed by a person
not being a body corporate, would not be required to be under seal, may be
entered into or executed on behalf of the Board by any person generally or
specially authorized by the Board for that purpose.

14. Board to have management of Association
The Board shall have the management and control of the Association.





14A. Restriction on future financial commitments

The Board shall not without the Governor's approval in any financial year enter
into any contract if the expenditure under the contract together with all other
contracts previously entered into is likely to involve expenditure by the Board in any
subsequent financial year under any major head of expenditure specified by the
Board under section 17B of an amount or aggregate amount exceeding the amount in
the estimate of expenditure approved by the Governor under section 17B for the
same major head of expenditure for the financial year in which the contract is entered
into (and not transferred to any other major head by the Board) together with any
other sum transferred to that head by the Board during that financial year (other
than a sum transferred from any unallocated balance or surplus shown in the
estimates for that financial year).

(Added 58 of 1989 s. 2)

15. Board to make recommendations
to Governor on certain matters

It shall be a duty of the Board to make, within such period as the Governor in
Council may from time to time prescribe, recommendations to the Governor as to the
extent to which members of the Board may be elected by the members of the
Association and as to the desirability of increasing the classes of person eligible for
membership of the Association.

16. General powers of Board

The Board may, for the purposes of the Association,

(a)acquire, take on lease, purchase, hold, hire and enjoy any lands,
premises, messuages, tenements, and other property of any kind, and
dispose of the same;

(b)subject to the restrictions on future financial commitments set out in
section 14A, enter into any contract; (Amended 58 of 1989 s.3)

(c)engage in, assist and promote such activities as are conducive to the
better carrying out of the objects of the Association and the
convenience and enjoyment of Hong Kong as a holiday resort;
(Amended 77 of 1982 s. 13)

(d)delegate to the Executive Director. Deputy Executive Director or any
other officer or servant of the Association such of its powers and
duties as it may deem expedient for the efficient conduct and
management of the affairs of the Association: (Amended 71 of 1979 s. 3;
77 of 1982 s. 10)

Provided that no delegation made hereunder shall preclude the
Board from exercising or performing at any time any of the powers or
duties so delegated;





(da) with the approval of the Financial Secretary, invest moneys not
immediately required for the purposes of the Association; (Added 71
of 1979 s. 3)

(e)with the approval of the Financial Secretary and subject to such
conditions as he may determine, borrow or otherwise raise money on
such security as maybe necessary; (Added 53 of 1970 s.2)

(f)for the purpose of borrowing or otherwise raising money in
accordance with paragraph (e) charge all or any part of the property
of the Board; (Added53of 1970s.2)

(g)do all such things as are calculated to facilitate, or as are incidental or
conducive to, the discharge of the functions of the Board and the
better carrying out of the objects of the Association.

16A. Governor in Council may give directions

(1) The Governor in Council may, if he considers the public interest so requires,
give directions in writing to the Board with respect to the exercise of its powers and
the performance of its duties under this Ordinance, and the Board shall comply with
those directions.

(2) No such direction shall be inconsistent with any provision of this
Ordinance.

(Added 71 of 1979 s. 4)

17. Power of Board to appoint committees

(1) The Board may from time to time appoint such committees as it considers
necessary for securing the efficient discharge of its functions and may delegate to
any such committee any of its powers and duties:

Provided that no delegation made hereunder shall preclude the Board from
exercising or performing at any time any of the powers and duties so delegated.

(2) Any person may be appointed a member of any such committee
notwithstanding that he is not a member of the Board.

17A. Grants

Each financial year there shall be paid to the Board out of moneys provided by
the Legislative Council the sum the Governor approves for the purpose of assisting
the Association to carry out its objects and for the Board to exercise its functions.

(Added 58 of 1989 s. 4)





17B. Estimates

(1) Each financial year, before a date appointed by the Financial Secretary, the
Board shall forward to the Financial Secretary, for the approval of the Governor, a
programme of its proposed activities and estimates of its income and expenditure for
the next financial year.

(2) *

(3) Each major head of expenditure shall show clearly the distribution of all
moneys and shall contain the particulars and information that the Governor may
require.

(4) Where several matters are dealt with under one head, each matter shall be
itemised and be shown in a separate sub-head relating to similar items of
expenditure, and shall contain the particulars and information that the Governor may
require.

(5) The Board without the approval of the Governor may

(a)transfer from its unallocated balances or surpluses (if any) shown in
its estimates to any major head of expenditure or from any major head
or heads of expenditure to any other major head of expenditure an
amount or amounts in aggregate not exceeding 20% of the amount
approved for the major head to which the sum is or sums are
transferred; and

(b)transfer any amount or amounts without restriction, from any sub-
head to any other sub-head within the same major head of
expenditure.

(6) Except as permitted by subsection (5)(a), the Board shall not transfer any
amount to any major head of expenditure without the approval of the Governor.

(7) The Board may expend on any major head of expenditure or any sub-head
only the sums approved by the Governor (and not transferred to any other major
head or sub-head) and any sum transferred to it under subsection (5).

(8) Until subsection (2) comes into operation, the Board shall set out in its
estimates the source of all income and shall set out the distribution of expenditure
under the major heads approved by the Financial Secretary.

(Added 58 of 1989 s. 4)

18. Accounts and audit

(1) The Board shall keep proper accounts and proper records in relation thereto,
and shall prepare in respect of each financial year a statement thereof.

(2) The accounts shall be audited annually by an auditor appointed by the
Governor.

* To be added by 58 of 1989 s. 4 w.e.f. 1.6.1990-see L.N. 398 of
1989.





(3) As soon as possible after the accounts for any financial year have been
audited, a copy of the statement of accounts prepared in accordance with this
section, together with a copy of any report made by the auditor on that
statement or on the accounts, shall be laid on the table of the Legislative
Council.

19. Reports

(1) The Board shall, as soon as possible after the end of each financial
year, make to the Governor a report on its activities and on the activities of the
Association during that year.
(2) The Chief Secretary shall lay a copy of every such report on the table
of the Legislative Council.

20. Power of Board to make rules

The Board may, with the approval of the Governor in Council, by rules
prescribe or provide for-
(a)the manner of convening any meeting of the Board or the
Association;
(b)regulating the proceedings (including the quorum) at any meeting
of the Board or the Association;
(c)the form of application for membership of the Association and,
in respect of any such application from a travel agent, the
furnishing and form of a certificate from an international
passenger carrier of its recognition of the travel agent as its
agent;
(d) fees for membership of the Association;
(e)conditions and requirements of membership of the Association;
generally, for the exercise of its powers and duties under this
Ordinance.

21. Meetings of Association

The Board shall convene a general meeting of the Association annually,
and may convene such other meetings of the Association as it considers
necessary.

22. Proceedings at meetings of Association and Board

(1) The proceedings at any meeting of the Board, or of any committee
appointed by the Board, or of the Association shall be conducted in accordance
with the provisions of rules made under this Ordinance.





(2) Subject to the provisions of this Ordinance and of any such rules, the
proceedings at any such meeting shall be conducted in such manner as the Board
may determine.

23. Validity of proceedings

(1) The validity of any proceedings of the Board shall not be affected by any
defect in the appointment of any member thereof or by any vacancy amongst the
members thereof.

(2) The validity of any proceedings of the Association shall not be affected by
any defect in the admission of any person to membership of the Association.

24. Prohibition of possession and use of badges or emblems

(1) No person shall, except with the authority of the Association, use or have in
his possession

(a)any badge of the Association, which badges are portrayed in the
Schedule, or any copy or replica of such badge in any colour or size
whatsoever; or (Amended 77 of 1982 s.]])

(b) any badge, emblem or other device containing the words 'Hong
Kong Tourist Association' or the characters or
(Amended56of 1974s. 5)

(c)any badge, emblem or other device which so resembles any badge,
emblem or other device of the Association as to be capable of being
mistaken for such badge, emblem or other device.

(IA) The Association may impose such conditions as it thinks fit upon any
authorization given under subsection (1). (Added 77 of 1982 s.]])

(IB) If any person fails to comply with any conditions imposed under
subsection (IA) the Association may revoke or suspend the authorization or may
vary the conditions. (Added 77 of 1982 s.]])

(2) Any person who contravenes the provisions of this section shall be guilty
of an offence and shall be liable on summary conviction to a fine of $50,000. (Amended
77 of 1982 s.]])

(Replaced 52 of 1965 s. 2)

25. Unauthorized use of the title of the Association

(1) No person shall incorporate or form, or be a director, office bearer or
organizer of any company, body corporate, firm or organization which, without the
written consent of the Board





(a) purports or holds itself out to be-

(i) the Association or any branch or part thereof, or

(ii) connected or associated with the Association in any manner; or

(b)uses a title in any language which so resembles the title 'Hong Kong
Tourist Association' or as to deceive or mislead any person in
believing that the company, body corporate, firm or organization is

(i) the Association or any branch or part thereof, or

(ii) connected or associated with the Association in any manner.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $50,000. (Amended 77 of 1982 s.12)

(Added 56 of 19 74 s.
6)

26. Power to amend the Schedule

The Governor may by order published in the Gazette amend the Schedule.

(Added 56 of 19 74 s.
7)

SCHEDULE [s. 241





MEMBER

HONG KONG TOURIST
ASSOCIATION







doe







0



Travel Industry
Member

0



1 Ea v MS

(Replaced 52 of 1965 s. 2. Amended 22 of 1972 s . 2; 56 of 1974s. 8; L.N. 111 of 1975; L.N. 336
of
1983)

https://oelawhk.lib.hku.hk/items/show/3157

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) (LIGHTING) (CONSOLIDATION) ORDER

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS)
(LIGHTING) (CONSOLIDATION) ORDER


(Cap 301, section 7)

[28 March 1958.]



1. This order may be cited as the Hong Kong Airport (Control of
Obstructions) (Lighting) (Consolidation) Order.

2. The Director of Buildings and Lands is authorized to provide or
erect, and thereafter to maintain in the places and on the buildings
specified in the first column of the Schedule the guiding lights specified
in the second column of the Schedule.

SCHEDULE

Description of Place or Building Description of Guiding Light
412, Prince Edward RoadOne set of triple lights, together with
N.K.I.L. 469 See. B supporting structure and fittings.
13, Nga Tin Long RoadOne set of triple lights, together with
N.K.I.L. 2351 supporting structure and fittings.
43, Nga Tsin Wai Road
N.K.I.L. 2012 (now
N.K.I.L. 2849)
29, Hau Wong Road
N.K.I.L. 2079
31, Hau Wong Road
N.K.I.L. 2614
Series of triple lights, together with
33, Hau Wong Roadsupporting structure and fittings.
N.K.I.L. 2080
35, Hau Wong Road
N.K.I.L. 2036
43, Hau Wong Road
N.K.I.L. 2481
37, Hau Wong Road
N.K.I.L. 2480
46, Fuk Lo Tsun Road
N.K.I.L. 3529 See. B.R.P.
48, Fuk Lo Tsun Road
N.K.I.L. 3529 See. B. Oneset of triple lights, together with
50, Fuk Lo Tsun Roadsupporting structure and fittings.
N.K.I.L. 3529 Sec. E.
52, Fuk Lo Tsun Road
NX.I.L. 3529 Sec. D.
24/26, Grampian Road (lu Shan Free One set of triple lights, together with
School) supporting structure and fittings.
N.K.I.L. 3756





1

Description of Place or Building Description of Guiding Light
2/8, Inverness Road (Pooi Toi One set of triple lights, together with
Middle School) N.K.I.L. 3737supporting structure and fittings.
120, Dumbarton Road Oneset of triple lights, together with
N.K.I.L. 3850 (Site 87) supporting structure and fittings.
16, Durham Road One set of triple lights, together with
N.K.I.L. 3548 (Site 63) supporting structure and fittings.

246, Hai Tan Street (Hoi Tang

Road, N.K.I.L. 976 Sec. B,

Shamshuipo) One set of triple lights, together with
248, Hai Tan Street (Hoi Tang supporting structure and fittings.
Road, N.K.I.L. 976 See. C,
Shamshuipo)
251-253, Cheung Sha Wan RoadSingle light, together with supporting
N.K.I.L. 1492 R.P. structure and fittings.
404-410, Prince Edward RoadOne strobe light and set of triple lights,
N.K.I.L. 469 s.A R.P. together with supporting structures and
N.K.I.L. 469 s.A ss.2 fittings.
N.K.I.L. 469 s.A ss.1
N.K.I.L. 469 s.E and
N.K.I.L. 469 R.P.
3-13, Nga Tsin Long RoadOne strobe light together with supporting

N.K.I.L.s 1949, 1983, 2332,structure and fittings, added to existing
23331 2349, 2350 and installation.

2351 R.PS.
41-43, Hau Wong Road One strobe light together with supporting
N.K.I.L. 2037 and 2481 structure and fittings, added to existing
installation.
50-52, Fuk Lo Tsun Road One strobe light together with supporting

N.K.I.L. 3529 s.E 3529 s.D structure and fittings. added to existing
installation.
24-26, Grampian Road One strobe light together with supporting
(lu Shan School) structure and fittings, added to existing
N.K.I.L. 3756 installation.
2-8, Inverness Road (Pooi To One strobe light together with supporting
Middle School) structure and fittings, added to existing
N.K.I.L, 3737 installation.
120, Dumbarton Road One strobe light together with supporting
N.K.I.L. 4404 structure and fittings. added to existing
installation.
16, Durham Road One strobe light together with supporting
N.K.I.L. 4137 structure and fittings, added to existing
installation.
1 10A, Cambridge Road One Strobe light., and two sets of five
N.K.I.L. 5474 sodium lamps, together with supporting
structures and fittings, added to existing
installation.
30, Tat Chee Avenue One Strobe light together with supporting
N.K.I.L. 4535 structure and fittings.
G.N.A. 20/58. L.N. 242/74. L.N. 230/75. L.N. 76/82. L.N. 94/86. Citation. Authorization. L.N. 76/82. L.N. 94/86. L.N. 242/74. L.N. 230/75.

G.N.A. 20/58. L.N. 242/74. L.N. 230/75. L.N. 76/82. L.N. 94/86. Citation. Authorization. L.N. 76/82. L.N. 94/86. L.N. 242/74. L.N. 230/75.

https://oelawhk.lib.hku.hk/items/show/3156

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) (CONSOLIDATION) ORDER

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS)
(CONSOLIDATION) ORDER

(Cap. 301, section 3)

[24 September 1982]



L.N. 342 of 1982 L.N. 241 of 1983, L.N. 321 of 1983, L.N. 323 of 1984, L.N. 174 of 1985, L.N.
175 of 1985, L.N. 94 of 1986, L.N. 281 of 1986, R. Ed. 1986, L.N. 39 of 1988 L N. 302 of
1988, L.N. 327 of 1988, L.N. 85 of 1989, L.N. 317 of 1989)

1. Citation

This order may be cited as the Hong Kong Airport (Control of Obstructions)
(Consolidation) Order.

2. Interpretation

In this order, and in the plans referred to in paragraph 3, unless the context
otherwise requires- (L.N. 281 of 1986)

'plans approved by the Building Authority' means plans approved under the
Buildings Ordinance (Cap. 123) by the Building Authority as defined in the
Buildings Ordinance (Cap. 123) or under the Buildings Ordinance 1935 (18 of
1935) and which are available for inspection by the public at the office of the
Buildings and Lands Department; (L.N. 94 of 1986)

'principal datum' has the same meaning as in Schedule 1 to the Interpretation and
General Clauses Ordinance (Cap. 1).

3. Prescribed areas and restriction of heights of buildings

(1) Each of the areas delineated in red on the plans specified in subparagraph
(2) is an area within which no building shall exceed the height above the principal
datum (referred to in the plans as 'the restricted height---) specified in the plans in
relation to that area.

(2) The plans referred to in subparagraph (1) are the plans numbered
COO/500A and COO/500B COO/75A to COO/75H inclusive, COO/75J to
COO/75N inclusive and COO/75P to COO/75S inclusive, signed by the Clerk
of Councils and deposited in the Land Office.

(L.N. 317 of 1989)

4. Exemption
This order shall not apply to-





(a)any building erected in accordance with plans approved by the Building
Authority before 8 September 1989;

(aa) any building that, at the time of erection, was exempted from the provisions
of the Buildings Ordinance (Cap. 123) by virtue of section 41 (1)(a) of that
Ordinance;

(ab) any building, that at the time of erection was exempted from the provisions
of the Buildings Ordinance (Cap. 123) by virtue of section 41(1)(aa) of
that Ordinance and is erected in accordance with plans approved by or on
behalf of the Housing Authority before 8 September 1989;

(ac) any building erected before 8 September 1989 that at the time of erection
was exempted from the provisions of the Buildings Ordinance (Cap. 123)
by virtue of section 41 (1)(b) of that Ordinance;

(b)any structure specified in column 3 of Schedule 2 which, on the
commencement of this order, is erected on or above the roof of a building
erected on the lot or section or subsection of lot specified in relation to
such structure in column 2 of Schedule 2 so long as the structure

(i) does not exceed the height above the principal datum specified in
relation thereto in column 4 of Schedule 2;

(ii) is located in accordance with the plan, signed by the Clerk of Councils
and deposited in the Land Office, specified in relation thereto in
column 5 of Schedule 2; and

(iii) is capable of being identified in the photograph, signed by the Clerk of
Councils and deposited in the Land Office, specified in relation
thereto in column 6 of Schedule 2;

(e)any structure within Kowloon Walled City which on the commencement of
this order is identified as a point on the Overlay Plan and Photograph
signed by the Clerk of Councils and deposited in the Land Office and
specified in columns 1 and 2 of Schedule 3 so long as the height of any part
of such structure does not exceed the height above the principal datum
specified in relation thereto in column 3 of Schedule 3; and

(d)any of the lots, or sections, or subsections of lots, or parts thereof or
Government sites specified in column 2 of Schedule 4 subject to the
condition that the height of any part of any building which may be erected
thereon shall not exceed the height above the principal datum specified in
relation thereto in column 3 of Schedule 4. (L.N. 241 of 1983)

(L.N. 281 of 1986; L.N. 317 of 1989)

SCHEDULE 1

(Repealed L.N. 281 of 1986)





SCHEDULE 2 [para. 4(b)]

EXFMPTED STRUCTURES ON OR ABOVE ROOFS OF BUILDINGS

Item Lot Description of Structure Height Plan No. Photograph No.

1-3. (Repealed L.N. 317 of 1989)

4. Shau Kei Wan Inland Lot 738. (a) a chimney 94.23 m 4/(i) and 4/(i) 7A/98A/81
(b) 2 antennae 102.44 m
101.63 m
5. (Repealed L.N. 317 of 1989)
6. Kowloon Inland Lot 6006. (a) a chimney 21.97 m 6/(i) and LP/4 1/98/81 and
(b) an exhaust duct21.60 m 10/98/81
(C) a lightning conductor 21.84 m
(d) metal grilles over lightwells 21.28 m
7. Kowloon Inland Lot 6342. (a) a chimney 13.15 m 7/(i) and LP/4 21A/98A/81
(b) railings 12.91 m
(c) 2 water tanks13.45 m
13.00 m

8. Kowloon Inland Lot 6344. (a) 19 chimneys 26.32 m 8/(i) and LP/4 13A/98A/81 and
24.77 m 15A/98A/81
20.98 m
20.93 m
20.83 m
20.83 m
20.58 m
20.58 m
20.56 in
20.33 m
20.13 m
20.08 m
19.83 m
19.43 m
19.43 m
19.43 m
18.43 m
17.48 m
17.23 m





Item Lot Description of Structure Height Plan No. Photograph No.

(b) 4 water tanks 24.51 m
21.77 m
16.16 m
15.53 m
(e) a drying rack 22.88 m
(d) 4 railings 23.12 m
22.17 m
19.28 m
15.93 m
(e) 3 exhaust ducts 22.32 m
20.09 m
16.26 m
a cooling tower 20.03 m
(g) 3 air-conditioning plants 17.96 m
17.70 m
16.98 m
(h) 2 filtering units 17.41 m
17.08 m
(i) a fence 20.53 m

9. (Repealed L.N. 317 of 1989)
10. Kowloon Inland Lot 7626. (a) 6 cooling towers 33.18 m 10/(i) and LP/4 8A/98A/81

32.83 m
31.72 m
29.88 m
29.03 m
21.33 m

(b) a water tank 20.76 m
(e) a cooling unit 33.32 m
(d) 2 chimneys 34.27 m
33.50 m
(e) 3 fences 31.12 m
29.38 m
20.15 m

11. Kowloon Inland Lot 7628. (a) 5 water tanks 24.67 m 11/(i) and LP/4 23A/98A/81 and
24.39 m 16/98/81
17.26 m
16.31 m
14.05 m





Item Lot Description of Structure Height Plan No. Photograph No.

(b) 2 drying racks 24.76 m
(e) a chimney 22.63 m
(d) 4 cooling towers 18.10 m
16.85 m
16.17 m
16.10 m
(e) 3 air-conditioning plants 19.87 m
18.63 m
18.06 m

12. Kowloon Inland Lot 7630. (a) a chimney25.89 m (12) (13)1(i) and 14A/98A/81
LP/4
13. Kowloon Inland Lot 763 1.(a) a cooling tower 21.80 m (12)(13)/(i) and 14A/98A/81
LP/4
14. Kowloon Inland Lot 7632. (a) a cooling tower 18.55 m 14/(i) and LP/4 24A/98A/81
15. (Repealed L.N. 317 of 1989)
16. All that portion of Kowloon Inland(a) a water tank 21.72 m 16/(i) and LP/4 10A/98A/81
Lot 10578 which lies within the zone (b) a cooling unit21.02 m

delineated by black hatching on plan (e) 6 antennae 25.33 m
no. UM/56A signed by the Clerk of 25.33 m
Councils and deposited at the Land 25,13 m
Office. 23.65 m
23.29 m
23.02 m

17. All that portion of Kowloon Inland(a) 7 cooling units 18.74 m 17/(i) and LP/4 19/98/81
Lot 10578 which lies within the zone 18.74 m
delineated by black cross hatching 15.28 m
on plan no. UM/56A signed by the 15.28 m
Clerk of Councils and deposited at 15.28 m
the Land Office. 15.28 m
15.18 m

18-19. (Repealed L.N. 317 of
1989)





SCHEDULE 3 [para. 4(c)]

EXEMPTED BUILDINGS AND STRUCTURES IN KOWLOON WALLED CITY

Point No. Description Height in metres
14 rectangular superstructure on roof 51.3
43 parapet wall 51.3
51 parapet wall 51.1
54 rectangular superstructure on roof 51.3

(L.N. 317 of 1989)

SCHEDULE 4 [para. 4 (d)]

EXEMPTED BUILDINGS (WHICH MAY BE ERECTED)

Item Lot Height
1 All those portions of New Kowloon Inland Lot No. 5808
shown hatched black on-
Site B 152.4 m.
Site C 137.1 m.
Site E 121.9 m.
and
Site F 121.9 m.
on Provisional Plan No. NK 6208-X signed by the Clerk
of Councils, and deposited at the Land Office.

2-8 (Repealed L.N. 317 of1989)

9.All that portion of Junk Bay Town Lot No. 3 shown 130 m or the height of the
outlined in black on plan No. SKM 2277 signed by the highest natural feature within
Clerk of Councils and deposited at the Land Office. 90 m of the point concerned
whichever is lower. (L.N. 281
of 1986)

10-15. (Repealed L.N. 317 of1989)

(L.N. 241 of 1983)

https://oelawhk.lib.hku.hk/items/show/3155

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE

LAWS OF HONG KONG

HONG KONG AIRPORT (CONTROL

OF OBSTRUCTIONS) ORDINANCE

CHAPTER 301

REVISED EDITION 1986

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 301

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section ..................................Page

PART 1

PRELIMINARY

1. Short title....................... ... ... ... ... ... ... ... . ... ... 2

2. Interpretation.............. ... ... ... ... ... ... ... ... ... ... ... 2

PART II

CONTROL OF HEIGHTS OF BUILDINGS AND LIGHTING, AND
PROVISION OF AIDS TO AIR NAVIGATION

3. Orders by Governor in Council relating to heights of buildings ... ... ... 3

4. No buildings to be erected contrary to orders under section 3 ... ... ... ... 3
5. Director of Civil Aviation may specify date for demolition or reduction in height of

building ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

6. Director of Civil Aviation may require marking and lights on buildings ... 4
7. Governor in Council may order provision of marks, lights and beacons ... 4
8. Restriction on use of occulting lights ... ... ... ... ... ... ... ... ... 4
9. Power to prohibit lighting ... ... ... ... ... ... ... ... ... ... ... ... 5
10. Director of Civil Aviation may prohibit certain lights exposed to sky ... ... 5

11. Emergency extinguishment of lights exposed to sky ... ... ... ... ... ... 5

12. Power to enter premises to extinguish lights ... ... ... ... ... ... ... ... 5
13. Director of Buildings and Lands empowered to carry out works ... ... ... 5
14. Powers of entry of Director of Buildings and Lands and Director of Civil

Aviation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6

14A. Removal of trees obstructing lights or beacons ... ... ... ... ... ... ... 6
15. Closure orders in relation to buildings to be demolished or reduced in height 7
16. Recovery of cost of works by Director of Buildings and Lands ... ... ... 9
17. Payment by Government of cost of works ... ... ... ... ... ... ... ... 10
18. Limitation of public liability ... ... ... ... ... ... ... ... ... ... ... to
19. Service of orders and notices . ... ... ... ... ... ... ... ... ... 10
20. Offences ... ... ... ... . ... ... ... ... ... ... ... ... ... ... 10

PART 111

COMPENSATION

21. Right to compensation ... ... ... ... ... ... ... ... ... ... ... ... 11
22. Passing of right to compensation in case of disposition of land ... ... ... 11
23. Time and manner for making claims, and settlement thereof ... ... ... ... 12
24. Rules for assessment of compensation ... ... . ... ... ... ... ... 12
25. Disputes to be determined by Lands Tribunal ... ... ... ... ... ... ... 14

Job No. 145049 LAW:3//C3O1P:02





CHAPTER 301

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS)

To provide for the restriction and, where necessary, the reduction of
heights of buildings in the interest of the safety of aircraft, for the
control of lighting, for the erection or provision and the
maintenance of aids to air navigation, for the assessment and
payment qf compensation in respect of damage suffered on
account thereof, and for purposes connected with the matters
aforesaid.

(Amended, 11 of 1966, s. 2)

[7 June 1957.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Hong Kong Airport (Control
of Obstructions) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'building' includes the whole, or any part, of any building, arch, bridge,
chimney, cookhouse, cowshed dock, factory, garage, hangar,
hoarding, Iatrine, lift, matshed, office, out-house, pier, shelter, shop,
stable, stairs, wall, warehouse, wharf, or workshop, and any mast or
pole or any pile driver, scaffolding, hoist or crane or other structure
projecting skywards; (Amended, 77 of 1978, s. 2)

'building works' includes any kind of building construction, site
formation, drainage works, repairs, maintenance, demolition,
alteration, addition and every kind of building operation, and any
lighting or marking required to be provided under the provisions of
this Ordinance;

'land' includes all buildings thereon;

,,owner' includes any person holding premises direct from the Crown
whether under lease, licence or otherwise, any mortgagee in
possession and any person receiving the rent of any premises,
solely or with another, on his own behalf or that of any person, or
who would receive the same if such premises were let to a tenant,
and where such owner as above defined cannot be found or
ascertained or is absent from the Colony or is under disability, the
agent of such owner.

(2) Any reference in this Ordinance to the safety of aircraft means
the safety of aircraft using Hong Kong Airport.





PART 11

CONTROL OF HEIGHTS OF BUILDINGS AND LIGHTING,
AND PROVISION OF AIDS TO AIR NAVIGATION

3. (1) Where in the opinion of the Governor in Council the
safety of aircraft so requires, he may by order-

(a) prescribe areas within which all buildings are prohibited;

(b)prescribe areas within which no building shall exceed the
height specified in or by such order; (Amended, 4 of
1958, s. 2 and 77 of 1978, s. 3)

(c)require to be demolished any building erected within an
area in which all buildings have been prohibited by an
order under paragraph (a), or require to be reduced in
height, or, where reduction in height is not feasible, to be
demolished, any building which does not conform with an
order under paragraph (b).

(IA) An order under subsection (1)(a) or (b) may provide that,
subject to such conditions as may be prescribed therein, it shall not
apply to any particular area, or any particular building, within any
area prescribed by the order. (Added, 11 of 1966, s. 3)

(2) Where an order is made under subsection (1)(a) or (b), it
shall be published in the Gazette, and a copy thereof together with a
plan of the prescribed area, signed by the Clerk of Councils, shall be
deposited at the Land Office.

(3) An order under subsection (1)(c) shall be served upon the
owner of the premises affected, and may be registered at the Land
Office against the land affected by delivering to the said office a
memorial thereof signed by the Clerk of Councils and containing the
full terms of such order.

(4) The Director of Civil Aviation may, by notice in writing,
grant-

(a)for a period not exceeding 2 months which may be ex-
tended for such further periods of 2 months as he thinks
fit; and

(b)upon such terms and conditions as he may in any case
impose,

an exemption from the operation of an order made pursuant to
subsection (1)(b). (Added, 77 of 1978, s. 3)

4. No building shall be erected in any area in which buildings
are prohibited, and, subject to section 3(4), no building shall be
erected above the prescribed height, contrary to any order under
section 3(1)(a) or (b).
(Amended, 77 of 1978, s. 4)





5. The Director of Civil Aviation after consultation with the
Director of Buildings and Lands may, by notice in writing served on
the owner of any building which is the subject of an order under
section 3(1)(c), specify the date by which such building is to be
demolished, or the height thereof is to be reduced, in compliance
with such order, and specify the date by which the building works of
such demolition or reduction in height shall be commenced.
(Amended, 4 of 1958, s. 3; L.N. 76182 and L.N. 94186)

6. (1) Where in the opinion of the Director of Civil Aviation
the safety of aircraft requires the marking of any building or the
provision of warning or guiding lights thereon, he shall by notice in
writing served upon the owner of the building inform him of the
marking or lights required, and call upon him to elect in writing,
within 14 days of the date of such notice, whether he desires the
Government to provide the marking or lights, or whether he desires
to do so himself.
(2) If the owner desires the Government to provide the mark-
ing or lights, it shall be lawful for the Government to provide, and
thereafter to maintain, the same.
(3) If the owner desires to provide the marking or lights
himself, he shall do so within such time and in such manner as the
Director of Civil Aviation may by notice in writing require, and
shall thereafter maintain such marking or lights in such manner
as the Director may from time to time by notice in writing require.
(4) Any reasonable expenses incurred by an owner in provid-
ing any such marking or lights or upon the maintenance of the same
(including any expenses of illumination) shall be paid by the
Government.

7. (1) Where in the opinion of the Governor in Council the
safety of aircraft so requires, he may by order authorize the
Director of Buildings and Lands to provide or erect, and thereafter
to maintain, in any place or on any building such marks, warning or
guiding lights and aircraft beacons as shall be specified in such
order. (Amended, L.N. 76182 and L.N. 94186)
(2) Such order shall be served upon the owner, if any, of any
place or building which is the subject of the order.

8. (1) Save with the written authority of the Director of Civil
Aviation or under an exemption granted by him and published in
the Gazette, no person shall, in Kowloon or New Kowloon or any
other area prescribed by order of the Governor in Council published
in the Gazette, expose to the sky or permit to be exposed to the
sky any form of occulting light of any colour. (Amended, 4 of
1958, s. 4)

(2) For the purposes of this section, the expression 'occulting
light' includes any light which is cut off from view at regular
or irregular intervals or which is visible suddenly or intermit-
tently. (Added, 4 of 1958, s. 4)





(3) This section shall not apply to navigational or signal lights,
or to any occulting light of an intensity of less than 200 cd. (Added,
4 of 1958, s. 4. Amended, L.N. 83177)

9. Where in the opinion of the Governor in Council the safety
of aircraft so requires, he may by order prescribe areas within which
no person shall expose to the sky or permit to be exposed to the sky
any type of lighting specified in or by such order.
(Added, 4 of 1958, s. 5)

10. (1) Where in the opinion of the Director of Civil Aviation
the safety of aircraft so requires, he may by notice in writing served
upon the owner or occupier of any place or building prohibit the
use of any light exposed to the sky.

(2) Where any light is exposed to the sky in contravention of a
notice under subsection (1), the Director of Civil Aviation may by
notice in writing served upon any supplier of electricity or gas
require the discontinuance of the electricity or gas supplied to any
such light.

(3) Any person aggrieved by any prohibition imposed under
subsection (1) may appeal by way of petition to the Governor in
Council, but shall, pending the decision of such appeal, comply with
the notice given pursuant to subsection (1).

11. Notwithstanding that no notice has been given under
section 10(1), where in the opinion of the Director of Civil Aviation
the safety of aircraft requires that any light exposed to the sky
should be immediately extinguished, he may require any supplier of
electricity or gas immediately to discontinue for a period not
exceeding 12 hours the supply of electricity or gas to such light, and
if it is not practicable immediately to discontinue the supply to that
light only, it shall be lawful for the supplier to discontinue the supply
to other lighting to such extent as is necessary to effect the immediate
extinguishment of that light.

12. Where any supplier of electricity or gas is required by
notice under either section 10(2) or section 11 to discontinue the
supply of electricity or gas to any light, it shall be lawful, for the
purpose of giving effect to the requirement of such notice, for any
servant or agent of such supplier to enter and where necessary, in the
presence of a police officer, break into any building or place in which
such light is exposed, and there to do all such work as is necessary to
effect the discontinuance of the supply of electricity or gas to that
light.

13. The Director of Buildings and Lands may, on application
made to him by the Director of Civil Aviation, carry out such
building works as may be necessary- (Amended, L.N. 76182 and
L.N. 94186)





(a)for the demolition or reduction in height of any building
erected in contravention of section 4;

(b)for the demolition or reduction in height of any building which
is required to be demolished or reduced in height by an order
under section 3(1)(c), in any case

(i) where the building works of such demolition or
reduction have not been commenced by the date specified in
a notice under section 5; or

(ii) where such demolition or reduction has not been
completed by the date specified in a notice under section 5; or

(iii) where the Director of Buildings and Lands is of opinion
that such demolition or reduction is unlikely to be completed
by the date specified in a notice under section 5; (Replaced, 4 of
1958, s. 6. Amended, L.N. 76182 and L.N. 94186)

(c)for the marking of any building or the provision of any light or
the maintenance of any such marking or light where any
person has not complied with a notice under section 6(3)
requiring such works.

14. (1) The Director of Buildings and Lands or any public officer
authorized in writing by him in that behalf may, during the hours of day-
light, enter and where necessary, in the presence of a police officer,
break into any premises for the purpose of ascertaining whether the
provisions of this Ordinance or the requirements of any notice given
thereunder have been or are being complied with, or for the purpose of
carrying out or causing to be carried out any building works pursuant to
the authority in that behalf conferred by section 7(1) or by section 13.
(Amended, L.N. 76182 and L.N. 94186)

(2) The Director of Civil Aviation or any public officer authorized in
writing by him in that behalf may at any time enter and where necessary,
in the presence of a police officer, break into any premises for the
purpose of ascertaining whether the provisions of this Ordinance
relating to marks, lights or beacons, or the requirements of any notice
under this Ordinance relating thereto, have been or are being complied
with.

14A. (1) Where in the opinion of the Director of Civil Aviation any
tree, shrub, plant or vegetation obstructs or affects or is likely to
obstruct or affect the proper operation of any warning light, guiding
light, aircraft beacon or navigational or approach aids so as to impair the
safety of aircraft, the Director shall, by notice in writing served upon the
occupier of the land upon which such tree, shrub, plant or vegetation is
situated, call upon him to fell the tree or remove the plant, shrub or
vegetation or deal with the same in such other manner as will in the
opinion of the Director remove the obstruction.





(2) Any person who fails to comply with a notice under
subsection (1) within 14 days of service of such notice commits
an offence and is liable to a fine of $2,000 and to imprisonment
for 6 months.

(3) Where a notice under subsection (1) is not complied with
within 14 days of service thereof or where in the opinion of the
Director of Civil Aviation the proper operation of any warning
light, guiding light, aircraft beacon or navigational or approach
aids requires the immediate felling of, removal of or dealing with
any tree, shrub, plant or vegetation, the Director or any public
officer authorized in writing by him in that behalf may at any time
enter upon any land and may fell, remove or deal with in such
manner as the Director may specify any such tree, shrub, plant
or vegetation.

(4) Any reasonable expenses incurred by an occupier in com-
plying with a notice under subsection (1) shall be paid by the
Government.
(Added, 77 of 1978, s. 5)

15. (1) Where a building has to be demolished or reduced in
height so that it may conform to the requirements of this Ordinance
or any order made thereunder, and the owner of the building or the
Director of Buildings and Lands, as the case may be, is about to
undertake building works in order to effect such demolition or
reduction in height, the owner or the Director may apply to a
magistrate for a closure order in relation to that building or any part
thereof, and the magistrate shall make such order if he is satisfied
that notice has been given in accordance with the provisions of
subsection (4), and that it is necessary or expedient to order the
closure of the building or part thereof so that such works may be
expeditiously and properly carried out. (Amended, L.N. 76182 and
L.N. 94186)

(2) A closure order under this section shall-

(a) specify the building or part thereof to be closed; and

(b)order the closure of such building or part thereof under the
direction of a police officer; and

(c) order-
(i) in the case of demolition, that the building be closed;
or
(ii) in the case of reduction in height, that the build-
ing or part thereof remain closed until the Director of
Buildings and Lands has given a certificate to the owner
that the order is no longer required. (Amended, L.N.
76182 and L.N. 94186)

(3) No person shall occupy a building or part of a building to
which a closure order relates during the continuance in force of the
order.





(4) At least 7 days' notice of intention to apply for a closure order
shall be given by the person making such application by posting the
notice on a conspicuous part of the building to which it relates, and
upon being so posted it shall be sufficient notice to all persons of such
intention.

(5) Such notice shall be in both the English and the Chinese
languages and shall specify the building to which it relates and whether
the same is to be demolished or reduced in height, and in the case of a
reduction in height, the extent thereof, the premises to be closed and the
estimated period of closure; and in addition, in the case of a reduction in
height, such notice shall reproduce this section in full.

(6) Any occupier who is evicted from a building under a closure
order made to enable a reduction in height thereof to be effected shall,
subject to the following provisions of this section, be entitled to re-
enter and re-occupy the premises occupied by him immediately prior to
his eviction, but this subsection shall not be taken to preserve or revive
any rights necessarily extinguished or curtailed by the carrying out of
any building works undertaken to effect such reduction in height.

(7)(a) Not later than 14 days after the making of a closure order in
relation to the reduction in height of a building, any occupier
whose rights will not be extinguished by any building works
undertaken to effect such reduction may serve upon the
owner notice of his intention to re-occupy, on the expiry of
the closure order, the premises occupied by him at the date of
the giving of notice under subsection (4).

(b)Such notice of intention to re-occupy shall specify an address
at which a notice under subsection (8) may be served.

(c)Such notice of intention to re-occupy may be revoked in like
manner by the occupier during the continuance in force of the
closure order.

(8) Within 3 days of the receipt of a certificate of the Director of
Buildings and Lands given under subsection (2)(c)(ii), the owner of the
building to which it relates shall serve notice of the expiry of the closure
order upon every occupier who has given notice under subsection
(7)(a), and has not revoked the same, and such notice of expiry shall be
served by sending it by registered post to such occupier at the address
specified in the notice given by him under subsection (7). (Amended, L.N.
76182 and L.N. 94186)

(9) Any occupier who has given notice under subsection (7) and
has not revoked the same, may, within 14 days of the date of service of
the notice of expiry, re-enter and re-occupy the premises previously
occupied by him to the extent that the same are still in existence, upon
such terms and conditions relating to the premises as





were in force at the date of the closure order in so far as the same are
still applicable, and, in the event of the value of the premises to the
occupier having been diminished as a result of the carrying out of
any such building works as are referred to in subsection (1), at such
reduced rent as is reasonable having regard to all the circumstances,
and in default of agreement between the parties as to the amount of
such reduced rent, the amount shall be determined by arbitration in
accordance with the provisions of the Arbitration Ordinance.

(10) Where an occupier who has given notice under subsection
(7) and has not revoked the same fails to exercise his right to re-enter
within the period allowed by subsection (9), he shall have no further
rights of occupation, and the person who would have been entitled
to receive the rent from such occupier shall be entitled to recover
from him a sum equal to 1 month's rent by action brought in the
District Court.

16. (1) Where the Director of Buildings and Lands carries
out any building works pursuant to the authority in that behalf
conferred by section 13(a), he may recover the cost thereof from
the owner of the building on which such building works are carried
out, and may certify under his hand the amount due and the
names of the persons liable therefor, and may by such certificate
apportion such cost among such persons. (Amended, L.N. 76182
and L.N. 94186)

(2) Such cost may include supervision charges.

(3) A copy of the certificate of the Director of Buildings
and Lands shall be served upon each person affected thereby.
(Amended, L.N. 76182 and L.N. 94186)

(4) Interest at the rate of 10 per cent per annum from the
expiry of 1 month from the date of such service shall be recoverable
as part of such cost.

(5) The payment of such cost by any person shall be without
prejudice to his right to recover the same from any other person.

(6) Without prejudice to any other remedy of the Director of
Buildings and Lands for the recovery of such cost, the same may be
recovered as a debt due to the Crown. (Replaced, 13 qf 1966,
Schedule. Amended, L.N. 76182 and L.N. 941186)

(7) The writ of summons in connexion with such action shall
be taken to have been duly served if it appears, to the satisfaction of
the court, that the writ was left at the defendant's residence or place
of business, or in case the same is unknown, that it was left at the
building in respect of which the claim is made.

(8) A certificate under subsection (1) purporting to be under
the hand of the Director of Buildings and Lands shall be prima facie
evidence of the facts certified therein and of the signature of the
Director of Buildings and Lands thereto. (Amended, L.N. 76182
and L.N. 94186)





(9) Before the Director of Buildings and Lands commences to carry
out any such building works as are referred to in subsection (1), he may
register in the Land Office against the land on which the works are to be
carried out a notice of his intention to carry out such works, and if such
a notice is registered the cost of the works and any interest thereon
shall be and remain a first charge upon the said land until paid.
(Amended, L.N. 76182 and L.N. 94186)

17. Where any person is required to carry out building works in
order to comply with the provisions of this Ordinance, the Director of
Buildings and Lands may, on application being made to him in writing
by such person, enter into an agreement with that person for payment
by the Government of the cost of the works: (Amended, L.N. 76182 and
L.N. 94186)

Provided that this section shall not apply in the case of any
building erected in contravention of section 4.

18. (1) No liability shall rest upon the Government or upon any
public officer by reason of the fact that any building works are carried
out in accordance with the provisions of this Ordinance.

(2) No matter or thing done by the Director of Civil Aviation or the
Director of Buildings and Lands or by any public officer acting under
the direction of either of them or by any supplier of electricity or gas or
by any servant or agent of such supplier shall, if it was done bona fide
for the purpose of executing this Ordinance, subject them personally to
any action, liability, claim or demand whatsoever. (Amended, L.N. 76182
and L.N. 94186)

19. Wherever in this Ordinance provision is made for service upon
any person of any order or notice, it shall, save where otherwise
specifically provided, be sufficient service if a copy of such order or
notice is

(a) delivered to the person upon whom it is to be served; or

(b)sent by registered post to the last known place of business or
residence of such person; or

(c)left with an adult occupier of the premises to which the order
or notice relates; or

(d)posted upon a conspicuous part of such premises and
published in the Gazette.

20. Any person who-

(a)carries out any building works in contravention of the
provisions of section 4;

(b) fails to comply with a notice under section 6(3);

(c)obscures, severs, breaks or otherwise tampers with any mark,
lighting or structure provided or erected in pursuance of the
provisions of this Ordinance;





(d) contravenes the provisions of section 8;

(e) fails to comply with a notice under section 10(1);

(f) contravenes the provisions of section 15(3);

(g)obstructs the Director of Civil Aviation, the Director of
Buildings and Lands or any officer authorized by either of
them in the execution of his duties; or (Amended, L.N. 76182
and L.N. 94186)

(h)obstructs any servant or agent of a supplier of electricity or
gas in the exercise of his powers under section 12,
shall be liable to a fine of $2,000 and to imprisonment for 6 months.

PART 111

COMPENSATION

21. Where any person-

(a) has an interest in land the value of which is diminished, or

(b)sustains damage by loss of rent or by being disturbed in the
enjoyment of any right in or over land, or

(c)incurs reasonable expenses for the purpose of carrying out
building works which are required to be carried out, (other
than building works necessary for the demolition or reduction
in height of any building erected in contravention of section
4),

in consequence of an order made under section 3, 7 or 9, or of the
provision of any marking or lights under section 6, or of a notice given
under section 10 such person shall be entitled to recover compensation:
(Amended, 4 1958, s. 7)

Provided that no person claiming compensation under paragraph
(a) shall be so entitled where the diminution in value of his interest in
land is less than one-tenth of the diminished value of such interest, but
this proviso shall not operate to prevent any person from recovering
compensation in respect of a diminution in value resulting from the
carrying out of building works in order to comply with the provisions of
this Ordinance.

22. The right to recover compensation in respect of a diminution in
value of an interest in land shall be deemed to pass with such interest
upon any sale, gift, bequest, exchange, assignment, reassignment,
release, partition, on, mortgage, charge or other transfer or disposition
thereof unless the right to recover compensation is specifically excluded
from passing by the terms of the instrument under which such interest
passes.





23. (1) A claim for compensation under this Ordinance shall be
made in writing to the Director of Buildings and Lands(Amended, L.N.
76182 and L.N. 94186)

(a)in the case of a diminution in value of an interest in land in
consequence of an order made under section 3(1)(a) or (b),
within 1 year of the date of such order; and

(b)in any other case, not later than the expiry of 3 months from

(i) the completion of any building works carried out in
consequence of an order under section 3(1)(c) or of an order
under section 9; or (Amended, 4 of 1958, s. 8)

(ii) the completion of the provision or erection of any
marks, lights or beacons under section 6 or 7; or

(iii) the completion of any building works required to
comply with a notice given under section 10(1): (Amended, 4 of
1958, s. 8)

Provided that the Governor in Council may, in any particular case,
extend the period for the making of claims.

(2) Upon a claim being received the Director of Buildings and
Lands shall forthwith assess, in accordance with the rules under section
24, the amount of any compensation which in his opinion is recoverable
by the claimant, and shall thereupon notify the claimant of the amount of
compensation, if any, so assessed. (Amended, L.N. 76182 and L.N. 94186)

(3) If the claimant agrees in writing that he accepts such amount in
full settlement of his claim, that amount may be paid to the claimant:

Provided that in the case of diminution in value of an interest in
land, he shall first satisfy the Land Officer of his title to the
compensation payable.

24. In assessing compensation the Director of Buildings and Lands
and, in the case of any dispute, the Lands Tribunal, shall act in
accordance with the following rules- (Amended, 62 of 1974, s. 16; L.N.
76182 and L.N. 94186)

(a)The value of any interest in land shall, subject as hereinafter
provided, be taken to be the amount which the interest if sold
in the open market by a willing seller might be expected to
realize:

Provided always that the Director of Buildings and Lands
or the Lands Tribunal, as the case may be, shall be entitled to
consider all returns and assessments for taxation or rating
made or acquiesced in by the claimant. (Amended, 62 of 1974, s.
16; L.N. 76182 and L.N. 94186)

(b)No allowance shall be made in respect of the compulsory
nature of any prohibition or restriction imposed, or building
works required, by or under this Ordinance.





(c)Where the value of the land is increased by reason of the use
thereof, or of any premises thereon, in a manner which could
be restrained by any court, or is contrary to law, or, save
where such use has been expressly permitted by the Crown, is
not in accordance with the terms of the Crown Lease, or other
tenancy from the Crown, under which the land is held, or is
detrimental to the health of the occupiers of the premises or to
the public health, the amount of that increase shall not be
taken into account.

(d)No allowance shall be made in respect of any increase in
building heights permitted since 16 September 1955, (being the
date of publication of Government Notification No. 1026 of
1955, in which warning was given of proposed restrictions on
heights of buildings) or of the possible use, in relation to
heights prescribed as at the said day, of the powers of the
Governor in Council under sections 87 and 88 of the Buildings
Ordinance 1935.

(e)No allowance shall be made in respect of any expectancy or
probability of the grant or renewal or continuance by the
Crown or by any person or by virtue solely of Part 1, Part 11,
Part IV or Part V of the Landlord and Tenant (Consolidation)
Ordinance of any lease, tenancy, licence or permit whatsoever:
(Amended, 39 of 1979, s. 26 and 76 of 1981, s. 60)

Provided that this rule shall not apply to any case where
the grant or renewal or continuance by the Crown or other
person could have been enforced as of right.

Interest at a rate not exceeding 4 per cent per annum may be
allowed on any money expended by the claimant for which
compensation is allowed:

Provided that where the claimant has borrwed money for
such expenditure and satisfies the Director of Buildings and
Lands or the Lands Tribunal, as the case may be, that he had
good and sufficient reason for not availing himself of the
provisions of section 17, and that the lowest rate of interest at
which he could borrow the money was in excess of 4 per cent
per annum, such higher rate of interest may be allowed, but in
no case shall the rate exceed 10 per cent per annum.
(Amended, 62 of 1974, s. 16; L.N. 76182 and L.N. 94186)

(g)Interest at a rate not exceeding 4 per cent per annum may be
allowed on any part of the compensation allowed for any
diminution in value of an interest in land, and such interest
may be allowed from the date of such diminution, being a date
not earlier than the date of publication of the order made
under section 3 which resulted in such diminution.





(h)In determining whether any interest shall be allowed,
regard shall be had to all the circumstances of the case,
including any delays occasioned by the claimant.

25. (1) Where any dispute arises as to-

(a) whether compensation is payable under this Ordinance; or

(b) the amount of any such compensation; or

(e) the person to whom it is payable,

the dispute shall be referred to and determined by the Lands
Tribunal.

(2) For the purposes of this section, a dispute shall be deemed
to have arisen where a claimant or the Director of Buildings and
Lands, as the case may be, has served notice of intention to refer the
dispute to the Lands Tribunal upon all other parties to the dispute,
and the party who has served notice as aforesaid shall, within 2
months thereafter, refer the dispute to the Lands Tribunal by notice
served upon the registrar of the Lands Tribunal giving particulars of
the matter in dispute between the parties, and a copy of the
last-mentioned notice shall, within the said period, be served upon
all other parties. (Amended, L.N. 76/82 and L.N. 94186)
(Amended, 62 of 1974, s. 16 and 21 of 1977, s. 6)
Originally 27 of 1957. 4 of 1958. 11 of 1966. 13 of 1966. 62 of 1974. L.N. 83/77. 21 of 1977. 77 of 1978. 39 of 1979. 76 of 1981. L.N. 76/82. L.N. 94/86. Short title. Interpretation. Orders by Governor in Council relating to heights of buildings. No buildings to be erected contrary to orders under section 3. Director of Civil Aviation may specify date for demolition or reduction in height of building. Director of Civil Aviation may require marking and lights on buildings. Governor in Council may order provision of marks, lights and beacons. Restriction on use of occulting lights. Power to prohibit lighting. Director of Civil Aviation may prohibit certain lights exposed to sky. Emergency exitinguishment of lights exposed to sky. Power to enter premises to extinguish lights. Director of Buildings and Lands empowered to carry out works. Powers of entry of Director of Buildings and Lands and Director of Civil Aviation. Removal of trees obstructing lights or beacons. Closure orders in relation to building to be demolished or reduced in height. (Cap. 341.) Recovery of cost of works by director of Buildings and Lands. Payment by Government of cost of works. Limitation of public liability. Service of orders and notices. Offences. Right to compensation. Passing of right to compensation in case of disposition of land. Time and manner for making claims, and settlement thereof. Rules for assessment of compensation. (18 of 1935.) (Cap. 7.) Disputes to be determined by Lands Tribunal.