APPROVED HOSPITALS/CLINICS NOTICE

APPROVED HOSPITAIS/CLINICS NOTICE G.N. 2645/72.
G.N. 1474/4.
G.N. 2562178.
(Cap. 212, section 47A(3)

In exercise of the powers conferred by subsection (3) of section
47A of the Offences against the Person Ordinance, the Director of
Medical and Health Services has declared the following hospitals/
clinics to be approved hospitals/clinics for the purposes of the said
section 47A-
The Alice Ho Miu Ling Nethersole Hospital G.N. 2645172.
The Hong Kong Adventist Hospital, Stubbs Road, Hong
Kong
The Hong Kong Adventist Hospital, Tsuen Wan, New
Territories
The Hong Kong Buddhist Hospital
The Hong Kong Central Hospital
The Hong Kong Sanatorium & Hospital
The Matilda & War Memorial Hospital
The Pok Oi Hospital
The Kwong Wah Hospital
The Tung Wah Hospital
The Tung Wah Eastern Hospital

The United Christian Hospital G.N. 1474174.
The Family Planning Association, Sterilization Clinic G.N. 2562178.
(Ma Tau Chung Nursing Home)
G.N. 2645/72. G.N. 1474/74. G.N. 2562/78. G.N. 2645/72. G.N. 1474/74. G.N. 2562/78.

G.N. 2645/72. G.N. 1474/74. G.N. 2562/78. G.N. 2645/72. G.N. 1474/74. G.N. 2562/78.

https://oelawhk.lib.hku.hk/items/show/2866

TERMINATION OF PREGNANCY REGULATIONS

TERMINATION OF PREGNANCY REGULATIONS

Cap 212, section 47A(5)


[12 January 1973.]



1. These regalations may be cited as the Termination of

Pregnancy Regulations.

2. In these regulations 'Director' means the Director of Medical
and Health Services.

3. (1) An opinion referred to in section 47A of the Ordinance shall
be certified in Form 1, Form 2 or Form 2A in the Schedule, as may be
appropriate.

(2) A certificate of an opinion referred to in section 47A(1) of the
Ordinance shall be given before the commencement of the treatment for
the termination of the pregnancy to which it relates.

(3) A certificate of an opinion referred to in section 47A(2C) or
47A(4) of the Ordinance shall be given before the commencement of the
treatment for the termination of the pregnancy to which it relates or, if
that is not reasonably practicable, not later than 24 hours after such
termination.

(4) Any certificate referred to in paragraphs (2) and (3) shall be
preserved by the medical practitioner who terminated the pregnancy to
which it relates for a period of 5 years beginning with the date of such
termination and may then be destroyed.

4. A medical practitioner who terminates a pregnancy shall, not
later than 3 days after the termination, complete Form 3 in the Schedule
and send it in a sealed envelope to the Director.

5. Any information furnished to the Director in pursuance of these
regulations shall not be disclosed except

(a) for the purposes of carrying out hi d to
the Medical and Health Department authorized by the
Director;

(b)for the purposes of carrying out his duties in relation to
offences against the Ordinance, to the Attorney General or a
member of his staff authorized by him;

(c)for the purposes of investigating whether an offence has been
committed against the Ordinance, to the Commissioner of
Police or a police officer authorized by him;

(d) for the purposes of criminal proceedings which have begun;

(e) for the purposes of bona fide scientific research;

to the medical practitioner who terminated the pregnancy; and

(g)to a medical practitioner, with the consent in writing of the
woman whose pregnancy was terminated.





6. Any person who contravenes any provision of regulation 3, 4 or
5 shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000.

SCHEDULE

FORM 1

CONFIDENTIAL

Not to be destroyed within five years of the date of operation

OFFENCES AGAINST THE PERSON ORDINANCE
(Chapter 212)

CERTIFICATE TO BE COMPLETED IN RELATION TO THE TERMINATION
OF A PREGNANCY UNDER SECTION 47A(1) OF THE ORDINANCE

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

(Name and qualifications of practitioner in block capitals)

of ....................................

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

(Full address of practitioner

and 1 . ..............................................................

(Name and qualifications of pructitoner in block capitals.)

of .........................................................................................................
(Full address of practitioner

hereby certify that we are of the opinion, formed in good faith, that in the case of
the pregnancy of ....................................................................................

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

(Full name of pregnant woman in block capitals)

of .........................................................................................................
(Usual place of residence of pregnant woman in block capitals)

1 the continuance of the pregnancy would involve risk to the life of the
pregnant woman greater than if the pregnancy were terminated;

2.the continuance of the pregnancy would involve risk of injury to the
physical or mental health of the pregnant woman greater than if the
pregnancy were terminated;

3.there is a substantial risk that if the child were born, it would suffer from
such physical or mental abnormality as to be seriously handicapped.

This certificate of opinion is given before the commencement of the treatment
for the termination of the pregnancy to which it relates.

Signed .............Date
Signed .............Date

Note:For termination of a pregnancy in emergency under section 47A(4) and termination of a pregnancy of more than
24 weeks duration under section 47A(2C) of the Ordinance, use respectively Form 2 and Form 2A.





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FORM 2 [reg.

CONFIDENTIAL

Not to be desiroYed ii,iihin five years ol the date of operation

OFFENCES AGAINST THE PERSON ORDINANCE

(Chapter 212)

CERTIFICATE TO BE COMPLETED IN RELATION TO THE
TERMINATION OF A
PREGNANCY IN EMERGENCY UNDER SECTION 47A(4) OF THE
ORDINANCE

............ 1 .................

qualifications of in block capitals

........................................................ 1

(Full practitioner

and 1 . ............................................

nd qualifications qualifications of block capitals

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

Full f p-

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

are* ...................is*

hereby certify that we of the opinion. formed in good faith. that it

'Acre ...................was*

immediately necessary to terminate the pregnancy, of .......................................

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

Full q.woman ... h/
A

of .........................................................................................................

1 .1, m p Prognam in block capitals

in order-

1 to save the life of the pregnant woman; or

2.lo prevent grave permanent injury to the physical or mental health of
the pregnant woman.

This certificate of opinion is given---

A.before the commencement of the treatment for the termination of the
pregnancy to which it relates:

or, if that is not reasonably practicable. then

B. not later than 24 hours after such termination.







Signed ..............Date

Signed................................ ............... Date .......................................





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FORM 2A [r

CONFIDENTIAL

Not to he destroyed within five years of the date of operation

OFFENCES AGAINST THE PERSON ORDINANCE
(Chapter 212)

CERTIFICATE TO BE COMPLETED IN RELATION TO THE
TERMINATION
OF A PREGNANCY OF MORE THAN 24 WEEKS DURATION
UNDER
SECTION 47A(2C) OF THE ORDINANCE

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

(Name and qualifications of practitioner in block capitals,

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

,'Full address ol practitioner

and 1 .

Name and qualifications in bloc A capitals

........................................................................
Full ol practitioner

hereby certify that we are* of the opinion. formed in good faith, that it is*
were* was*

necessary to terminate the pregnancy of .........................................

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

1 Full o 1 pregnant o in block A

a 1 pi a place ol of reside ce en c ol pr e ~c nai 71---inan
in b h uk c apri a ls

in order to save the life of the pregnant woman.

This certificate of opinion is given-

A.before the commencement of the treatment for the termination of the
pregnancy to which it relates;

or, if that is not reasonably practicable, then

B. not later than 24 hours after such termination.

Signed ..............Date .....................

Signed........................................... Date
1982ed




FORm 3 [reg. 4.]

CONFIDENTIAL

OFFENCES AGAINST THE PERSON ORDINANCE

(Chapter 212)


NOTIFICATION TO THE DIRECTOR OF MEDICAL AND HEALTH SERVICES

OF THE TERMINATION OF A PREGNANCY UNDER SECTION 47A
OF THE ORDINANCE

1 . .......

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

(Name, and qualifications of practitioner in block capitals)

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

(Full address of practitioner)

hereby give notice that 1 terminated the pregnancy, of ............................

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

(Usual place of residence of pregnant woman in block capitals)

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



at ..............................................................

on ...............................(date) at .. (time).

The termination of the pregnancy was certified as necessary because-

1 the continuance of the pregnancy would have involved risk of the life of
the pregnant woman greater than ifthe pregnancy were terminated:

2. the continuance of the pregnancy would have involved risk of injury to
the physical or mental health of the pregnant Aonian greater than if the
pregnancy Acre terminated:

3. there was a substantial risk that if the child had been born. it would have
suffered from such physical or mental abnormality as to be seriously
handicapped.

IN CASE OF EMERGENCY where the termination of pregnancy is not carried out
in a hospital or clinic maintained by the Crown or in an approved hospital or clinic

The termination of the pregnancy was certified as immediately necessary

1. to save the life of the pregnant woman; or

2. to prevent grave permanent injury to the physical or mental health of the
pregnant woman.

The circumstances giving rise to the emergency and relating to the termination of
the pregnancy, were


(Include details of the pregnant woman's medical condition)




IN CASE OF TERMINATION OF PREGNANCY OF MORE THAN 24 WEEKS
DURATION

The termination of the pregnancy was certified as necessary to save the life of the
pregnant woman.

The circumstances relating to the termination of the pregnancy were-

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

(Include details of the pregnant woman's medical condition

Signature of practitioner who terminated pregnancy-

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

Particulars of certifying medical practitioners-

A............Name ...............................

Address .....................................................................................

Qualifications ...................... ......................

B.Name

Address .....................................................................................

Qualifications .........................................................................

Other information relating to the termination of pregnancy-

1 Maiden name of woman
2.Date of birth of woman

3. Marital status of woman-
(a) Single
(b) Married
(c) Widowed
(d) Divorced or separated
(e) Not known

4.................Occupation of woman .................................................

5. Occupation of husband, if woman is married ....................................

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

6. Date of woman's last menstrual period .............................................





7. Previous pregnancies of woman-

(a) Number of live-births .............................................................
(b) Number of still births .............................................................
(c) Number of pregnancies terminated .............................................
(d) If applicable, date of last termination of pregnancy under the
Offences
against the Person Ordinance-

8. Number of woman's existing children ..............................................

9. Date of admission to place of termination of pregnancy

10. Date of discharge from place of termination of pregnancy-

11.Was the terminated pregnancy that of a woman impregnated before
attaining the age of 16 years?

Yes No

If 'Yes', give an estimate of her age at the time of
impregnation.

Estimate .................................

12.Was the terminated pregnancy that of a woman who had made a report to
a police officer, that she had been the victim of an alleged offence under
section 47 (which relates to incest). 118 (which relates to rape), 119
(which relates to intercourse procured by threats). 120 (which relates to
intercourse procured by false pretences) or 121 (m which relates to
intercourse procured by drugs) of the Crimes Ordinance within a period not
exceeding 3 months after the date upon which she alleged that any such
offence was committed?

Yes No

If 'Yes', give the name of the alleged offence. the date that it was alleged
to have been committed. the date and place of report to the police

(a) Name of alleged offence .......................................................... (b)
Date of alleged offence ............................................................ (c.) Date
of report to police .......................................................... (d) Place of
report to police ..........................................................

13. Medical condition of woman-

(a) Obstetric disease (specify) ........................................................

(b) Non-obstetric disease (specify) ............

14. Type of termination of pregnancy-
(a) Dilation and evacuation
(b) Hysterotorny-abdominal
(c) Hysterotomy-vaginal
(d) Hysterectomy-abdominal
(e) Hysterectomy-vaginal
(f) Vacuum aspiration

(g).....................Other (specify) ..............................





[Subsidiary]
15. Was sterilization performed? (Ring appropriate

answer)
Yes No

16. Complications or death prior to notification- (Ring appropriate
letter)
(a) None
(b) Sepsis
(c) Haemorrhage
(d) Death
(e) Other (specify) ..................................................

17. In the case of death, specify the cause

Note: This form is to be completed by the operating medical practitioner and sent in a scaled and confidential

envelope not later than 3 days after the termination ot the pregnancy to the Director of Medical and

Health Services. Medical and Health Depertment, Hysan Avenue. Hong Kong,

1982 ed 1982 ed L.N. 4/73. L.N. 50/82. L.N. 66/82. Citation. Interpretation. Certificate of opinion. L.N. 50/82. Schedule, Forms 1, 2 & 2A. L.N. 50/82. Notice of termination of pregnancy. Schedule, Form 3. Restriction on disclosure of information. Penalty. L.N. 50/82. L.N. 66/82. (Ring appropriate number) L.N. 66/82. L.N. 50/82. (*Delete as appropriate) (Ring appropriate number) (Ring appropriate letter) L.N. 50/82. (*Delete as appropriate) (Ring appropriate number) L.N. 50/82. A. (To be completed in all cases) B. (To be completed in all cases) (Ring appropriate number) C. (To be completed only in emergency cases) (Ring appropriate number) D. (To be completed only when pregnancy was more than 24 weeks) E. (To be completed in all cases) If the operating medical practitioner joined in giving the certificate insert at A particulars of the other certifying medical practitioner. If the operating medical practitioner did not join in giving the certificate insert at A and B particulars of the two certifying medical practitioners. F. (To be completed in all cases) (Ring appropriate letter) (Ring appropriate answer) (Ring appropriate answer) (Ring appropriate letter) (Ring appropriate answer) (Ring appropriate letter)

L.N. 4/73. L.N. 50/82. L.N. 66/82. Citation. Interpretation. Certificate of opinion. L.N. 50/82. Schedule, Forms 1, 2 & 2A. L.N. 50/82. Notice of termination of pregnancy. Schedule, Form 3. Restriction on disclosure of information. Penalty. L.N. 50/82. L.N. 66/82. (Ring appropriate number) L.N. 66/82. L.N. 50/82. (*Delete as appropriate) (Ring appropriate number) (Ring appropriate letter) L.N. 50/82. (*Delete as appropriate) (Ring appropriate number) L.N. 50/82. A. (To be completed in all cases) B. (To be completed in all cases) (Ring appropriate number) C. (To be completed only in emergency cases) (Ring appropriate number) D. (To be completed only when pregnancy was more than 24 weeks) E. (To be completed in all cases) If the operating medical practitioner joined in giving the certificate insert at A particulars of the other certifying medical practitioner. If the operating medical practitioner did not join in giving the certificate insert at A and B particulars of the two certifying medical practitioners. F. (To be completed in all cases) (Ring appropriate letter) (Ring appropriate answer) (Ring appropriate answer) (Ring appropriate letter) (Ring appropriate answer) (Ring appropriate letter)

https://oelawhk.lib.hku.hk/items/show/2865

OFFENCES AGAINST THE PERSON ORDINANCE

LAWS OF HONG KONG

OFFENCES AGAINST THE PERSON

ORDINANCE

CHAPTER 212





CHAPTER 212

OFFENCES AGAINST THE PERSON ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

1. Short title...................... ......... ... ... ... ... ... ... 4

HOMICIDE

2.........Murder ............................. ... ... ... ... ... ... 4
3.........Sentence for murder ................ ... ... ... ... ... ... ... ... ...
4

4....................Burial of, body of person executed ... ... ... ... ... ... ... ... .. 4

5. Conspiring or soliciting to commit murder ... ... ... ... ... 4

6................Petit treason to be murder ... ... ... ... ... ... ... ... ... ... ... 5

7...........Manslaughter ................... ... ... ... ... ... ... 5

8..............Excusable homicide . ......... ... ... ... ... ... ... ... ... 5

SA.............Alternative verdicts .......... ... ... ... ... ... ... ... ... ... 5

9....................................Trial of homicide where cause of death only happens in the Colony ... ... 5

GENOCIDE

9A. Genocide............................... ... ... ... ... ... ... 5

ATTEMPTS TO MURDER

10...............................Administering poison or wounding with intent to murder ... ... ... 6
11,..............................Destroying or damaging building with intent to murder ... 6
12...............................Setting fire to or casting away ship with intent to murder ... ... ... 6

13, Attempting to administer poison, or shooting, or attempting to shoot or drown,

etc., with intent to murder ............... ... .... ... ... ... ... ... 6

14.............................Attempting to commit murder by means not specified ... ... ... 7

LETTERS THREATENING TO MURDER

15......................Sending letter threatening to murder ... ... ... ... ... 7

ACTS CAUSING OR TENDING TO CAUSE DANGER TO LIFE, ETC.

16..........................................Impeding person endeavouring to save himself or another from shipwreck 7

17, Shooting or attempting to shoot, or wounding or striking with intent to do

grievous bodily harm ..................... ... ... ... ... ... 7

is...............Definition of loaded arms .... ... ... ... ... ... ... ... ... ... ... 8

19........................Wounding or inflicting grievous bodily harm ... ... ... ... ... ... ... 8

X Attempting to choke, etc., in order to commit indictable offence ... ... ... 8
21. Using chloroform, etc., in order to commit indictable offence ... ... ... 8







22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm 8

23.............................Administering poison, etc., with intent to injure, etc . ... ... ... ... ... 8

24...................................Conviction for offence under s. 23 on trial for offence under s. 22 ... ... 9

25. Failure to provide apprentice or servant with food, etc., whereby life is

endangered, etc . ... .... ... ... ... ... ... ... ... ... ... ... ... 9
26, Exposing child whereby life is endangered ... ... ... ... ... ... ... ... 9
27. Ill-treatment or neglect by those in charge of child or young person ... ... ... 9





Section Page

28. Causing bodily injury by gunpowder, etc. ... ... ... ... ... 10

29. Causing gunpowder to explode, etc., or throwing corrosive fluid. with intent to do

grievous bodily harm .................... ... ... ... ... ... 10

29A. Possession of corrosive substance .... ... ... ... ... ... ... 10

30......................................Placing gunpowder near building, etc. with intent to do bodily injury 11

31....................................Setting spring gun, etc., with intent to inflict grievous bodily harm ... ... 11
32....................................Placing wood, etc., on a railway with intent to endanger passengers, etc . ...
11

33...............................Driver of carriage, etc., injuring person by furious driving ... ... ... ... 12

SUICIDE

33A. Suicide to cease to be a crime ........... ... ... ... ... ... ... ... ... 12

33B. Criminal liability for complicity in another's suicide ... ... ... ... ... 12

ASSAULTS

34.................................Obstructing or assaulting clergyman, etc., in discharge of his duties ...
35.................................Assaulting magistrate, etc., on account of his preserving wreck ... ... ... 13
36.................................Assault with intent to commit felony, or on police officer. etc . ... ... ... 13

37......................Certificate of dismissal of complaint ... . ... ... ... ... ... ... 13

38. Certificate of dismissal or conviction and punishment to bar any other proceeding 14

39......................Assault occasioning actual bodily harm ... ... ... ... ... ... ... ... 14

40...........Common assault ................... ... ... ... ... ... ... ... ... ... 14

41..................Power to bind over offenders ... ... ... ... ... ... ... ... ... 14

FORCIBLE TAKING OR DETENTION OF PERSONS

42..................................Forcible taking or detention of person, with intent to sell him ... ... ... 14

43..................Stealing child under 14 years ... ... ... ... ... ... ... ... ... ... 14
44. Unlawful transfers of possession custody or control of other persons for valuable

consideration ............................ ... ... ... ... ... ... ... 15

BIGAMY

45. Bigamy................................ ... ... ... ... ... ... ... ... 16

ABORTION. CHILD DESTRUCTION AND INFANTICIDE

46. Administering drug or using instrument to procure abortion ... ... ... 16

47. Procuring drug, etc., with intent to cause abortion ... ... ... ... ... 17

47A. Medical termination of pregnancy ......... ... ... ... ... . ... 17

47B Child destruction . ....................... ... ... 19

47C Infanticide ............................... ... ... ... ... ... ... ... 19







47D Conviction on alternative offences ........ ... ... ... ... ... ... ... 19

CONCEALING THE BIRTH OF A CHILD

48................Concealing birth of child ... ... ... ... ... ... ... ... ... ... ... 20

ABOMINABLE OFFENCES

49. Sodomy, and bestiality ... ... ... 20
50. Attempt to commit unnatural offence ... ... ... ... ... ... ... ... 20

51. Act of gross indecency by male with male ... 1 .. ... ... ... ... ... ... 21
52. Consent ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 21
53. Definition of carnal knowledge ... ... ... ... ... ... . ... ... ... 21





Section Page
MAKING GUNPOWDER TO COMMIT OFFENCES, AND SEARCH THEREFOR

54. Making or having gunpowder with intent to commit felony ... ... ... ... 21
55. Power to issue warrant for searching house, etc., for gunpowder, etc. ... ... 21

MISCELLANEOUS

56....................................Apprehension of person loitering at night and suspected of felony ... 22

57.................................Punishment of principals in the second degree and accessories ... ... ... 22

58.............................Awarding of fine and sureties for keeping the peace ... ... ... ... ... 22

59....................................No summary conviction or warrant to be quashed for want of form ... ... 23

Schedule. Article II of Genocide Convention..... ... ... ... ... ... ... ... ... 23





CHAPTER 212

OFFENCES AGAINST THE PERSON

To consolidate and amend the laws relating to offences against the
person.

[14 June 1865.]

1. This Ordinance may be cited as the Offences against the Person
Ordinance.

(Amended, 5 of 1924, s. 6)

HOMICIDE

2. Any person who is convicted of murder shall suffer death as a
felon.

3. On every conviction for murder the court shall pronounce
sentence of death, and the same may be carried into execution, and all
other proceedings upon such sentence and in respect thereof may be
had and taken, in the same manner in all respects as sentence of death
might have been pronounced and carried into execution. and all other
proceedings thereupon and in respect thereof might have been had and
taken, before the commencement of this Ordinance, on a conviction for
any other felony for which the prisoner might have been sentenced to
suffer death as a felon.

4. The body of every person executed for murder shall be buried in
such place as the Governor may order.

(Aniended, 16 of 1963. s. 7)

5. All persons who within the Colony conspire, confederate. and
agree to murder any person, whether he is a subject of Her Majesty or
not and whether he is within Her Majesty's dominions or not, and any
person who within the Colony solicits, encourages,





persuades or endeavours to persuade, or proposes to any person to
murder any other person, whether he is a subject of Her Majesty or
not and whether he is within Her Majesty's dominions or not, shall
be guilty of an offence and shall be liable to imprisonment for
life.
(Amended, 30 of 1911, ss. 2 and 5)

6. Any offence which, before the commencement of the Act 9
George 4, chapter 31, entitled 'An Act for consolidating and amending
the Statutes in England relative to Offences against the Person,- would
have amounted according to the law of England to petit treason shall be
deemed to be murder only, and no greater offence; and all persons
guilty in respect thereof, whether as prinelpals or as accessories, shall
be dealt with, indicted, tried. and punished as principals and accessories
in murder.

7. Any person who is convicted of manslaughter shall be liable to
imprisonment for life and to pay such fine as the court may award.

(Amended 30 of' 1911, ss. 2, 5 and 11, and 50 of' 1911,
Schedule)

8. No punishment or forfeiture shall be incurred by any person who
kills another by misfortune, or in his own defence, or in any other
manner without felony.

8A. On an indictment for murder a person found not guilty of
murder may be found guilty of--

(a)any offence of which he may be found guilty under any
Ordinance specifically so providing, or under section 51(2) or
section 90(2) of the Criminal Procedure Ordinance; or

(b)an attempt to commit murder, or of an attempt to commit any
other offence of which he may be found guilty.

(Added, 5 of'1971, Schedule)

9. Where any person being feloniously stricken, poisoned, or
otherwise hurt at any place in the Colony dies of such stroke, poisoning,
or hurt upon the sea or at any place out of the Colony, every offence
committed in respect of any such case, whether the same amounts to the
offence of murder, or of manslaughter, or of being accessory to murder
or manslaughter. may be dealt with, inquired of. tried, determined, and
punished in the Colony in which such stroke, poisoning, or hurt
happens, in the same manner in all respects as if such offence had been
wholly committed in the Colony.

GENOCIDE

9A. (1) A person commits the felony of genocide if he commits any
act falling within the definition of---genocide'in Article 11 of the
Genocide Convention as set out in the Schedule.





(2) A person guilty of an offence of genocide shall on convic-
tion on indictment-

(a)if the offence consists of the killing of any person, be
sentenced to imprisonment for life;
(b) in any other case, be liable to imprisonment for 14 years.

(3) Proceedings for an offence of genocide shall not be in-
stituted except by or with the consent of the Attorney General.

(4) In this section-

'Genocide Convention' means the Convention on the Prevention
and Punishment of the Crime of Genocide approved by the
General Assembly of the United Nations on 9 December 1948.
(Added, 52 of 1969, s. 2)

ATTEMPTS TO MURDER

10. Any person who-

(a)administers to, or causes to be administered to, or to be
taken by any person any poison or other destructive thing;
or
(b)by any means whatsoever, wounds or causes any grievous
bodily harm to any person,

with intent in any of such cases to commit murder, shall be guilty of
felony, and shall be liable to imprisonment for life.
(Amended, 30 of 1911, ss. 2, 4 and 5)

11. Any person who, by the explosion of gunpowder or any
other explosive substance, destroys or damages any building with
intent to commit murder shall be guilty of felony, and shall be liable
to imprisonment for life.
(Amended, 30 of 1911, ss. 2, 4 and 5)

12. Any person who-

(a)sets fire to any ship or vessel, or any part thereof, or any
part of the tackle, apparel, or furniture thereof, or any
goods or chattels being therein; or
(b) casts away or destroys any ship or vessel,

with intent in any of such cases to commit murder, shall be guilty of
felony, and shall be liable to imprisonment for life.
(Amended, 30 of 1911, ss. 2, 4 and 5)

13. Any person who-

(a)attempts to administer to, or attempts to cause to be
administered to or to be taken by, any person any poison
or other destructive thing; or
(b) shoots at any person; or
(e)by drawing a trigger or in any other manner, attempts to
discharge any kind of loaded arms at any person; or





(d) attempts to drown, suffocate, or strangle any person,

with intent in any of such cases to commit murder, shall, whether any
bodily injury is effected or not, be guilty of felony, and shall be liable to
imprisonment for life.

(Amended, 30 qf 1911, ss. 2, 4 and 5)

14. Any person who, by any means other than those specified in
any of the preceding sections, attempts to commit murder shall be guilty
of felony, and shall be liable to imprisonment for life.

(Aniended, 30 qf 1911, ss. 2, 4 and 5, and 50 qf 1911,
Schedule)

LETTERS THREATENING TO
MURDER

15. Any person who maliciously sends, delivers, or utters, or
directly or indirectly causes to be received. knowing the contents
thereof, any letter or writing threatening to kill or murder any person
shall be guilty of felony and shall be liable to imprisonment for 10 years.

(Aniended, 30 of 1911 1, ss. 2, 4 and 5, and 39 of 1954 Second
Schedule

ACTS CAUSING OR TENDING TO CAUSE DANGER TO LIFE.
ETC.

16. Any person who---

(a)unlawfully and maliciously prevents or impedes any person
being on board of or having quitted any ship or vessel which
is in distress, or wrecked, stranded, or cast on shore, in his
endeavour to save his life, or

(h)unlawfully and maliciously prevents or impedes any person in
his endeavour to save the life of any such person as in this
section first afshall be guilty of felony, and shall be liable to imprisonment for life.
(Amended, 30 of 1911, ss. 2, 4 and 5)

17. Any person who---

(a)unlawfully and maliciously, by any means whatsoever,
wounds or causes any grievous bodily harm to any person; or

(b) shoots at any person; or

(c)by drawing a trigger or in any other manner, attempts to
discharge any kind of loaded arms at any person,

with intent in any of such cases to maim, disfigure, or disable any
person, or to do some other grievous bodily harm to any person, or with
intent to resist or prevent the lawful apprehension or detainer of any
person, shall be guilty of felony, and shall be liable to imprisonment for
life.

(Amended, 30 of 1911, ss. 2, 4 and 5)





18. Any gun, pistol, or other arm which is loaded in the barrel with
gunpowder or any other explosive substance, and ball, shot, slug, or
any other destructive material, shall be deemed to be loaded arms within
the meaning of this Ordinance, although the attempt to discharge the
same may fail from want of proper priming or from any other cause.

(Amended, 51 of 1911, Schedule)

19. Any person who unlawfully and maliciously wounds or inflicts
any grievous bodily harm upon any other person, either with or without
any weapon or instrument, shall be guilty of a misdemeanor and shall be
liable to imprisonment for 3 years.

(Amended, 30 of 1911, ss. 2 and 5)

20. Any person who-

(a)by any means whatsoever, attempts to choke, suffocate, or
strangle any other person; or

(b)by any means calculated to choke, suffocate, or strangle,
attempts to render any other person insensible, unconscious,
or incapable of resistance,

with intent in any of such cases thereby to enable himself or any other
person to commit, or with intent in any of such cases thereby to assist
any other person in committing, any indictable offence. shall be guilty
of felony, and shall be liable to imprisonment for life.

(Aniended, 30 of 911, ss. 2 and 5)

21. Any person who unlawfully applies or administers to or causes
to be taken by, or attempts to apply or administer to, or attempts to
cause to be administered to or taken by any person any chloroform,
laudanum' pepper, or other stupefying or overpowering drug, matter, or
thing, with intent in any of such cases thereby to enable himself or any
other person to commit, or with intent in any, of such cases thereby to
assist any other person in committing, any indictable offence, shall be
guilty of felony, and shall be liable to imprisonment for life.

(A mended, 30 of] 911, ss. 2 and 5)

22. Any person who unlawfully and maliciously administers to, or
causes to be administered to or taken by, any other person any poison
or other destructive or noxious thing, so as thereby to endanger the life
of such person or so as thereby to inflict upon such person any
grievous bodily harm, shall be guilty of felony, and shall be liable to
imprisonment for 10 years.

(Amended, 30 qf 1911, ss. 2 and 5)

23. Any person who unlawfully and maliciously administers to, or
causes to be administered to or taken by, any other person any poison
or other destructive or noxious thing, with intent to injure, aggrieve, or
annoy such person, shall be guilty of a misdemeanor, and shall be liable
to imprisonment for 3 years.

(Amended, 30 of 1911 911, ss. 2
and 5)





24. If, on the trial of any person for any felony mentioned in section
22, the jury are not satisfied that such person is guilty thereof, but are
satisfied that he is guilty of any misdemeanor mentioned in section 23,
the jury may acquit the accused of such felony and find him guilty of
such misdemeanor, and thereupon he shall be liable to be punished in
the same manner as if he had been convicted on an indictment for such
misdemeanor.

(Amended, 50 of 1911, Schedule, and 5 of 1 924, s. 8)

25. Any person who-

(a)being legally liable, either as a master or mistress, to provide
for any apprentice or servant necessary food, clothing, or
lodging, wilfully and without lawful excuse refuses or neglects
to provide the same, or

(b)unlawfully and maliciously does or causes to be done any
bodily harm to any such apprentice or servant,

so that the life of such apprentice or servant is endangered, or the
health of such apprentice or servant has been or is likely to be
permanently injured, shall be guilty of a misdemeanor, and shall be liable
to imprisonment for 3 years.

(Amended, 30 of 1911, ss. 2 and 5)

26. Any person who unlawfully abandons or exposes any child.
being under the age of 2 years, whereby the life of such child is
endangered, or the health of such child is or is likely to be permanently
injured, shall be guilty of a misdemeanor, and shall be liable to
imprisonment for 3 years.

(Amended, 30 of 1911, ss. 2 and 5)

27. (1) If any person over the age of 16 years who has the custody,
charge or care of any child or young person under that age wilfully
assaults, ill-treats, neglects, abandons or exposes such child or young
person or causes or procures such child or young person to be
assaulted, ill-treated, neglected, abandoned or exposed in a manner
likely to cause such child or young person unnecessary suffering or
injury to his health (including injury to or loss of sight, or hearing, or
limb, or organ of the body, or any mental derangement) such person
shall be guilty of a misdemeanor and shall be liable

(a)on conviction on indictment to a fine of $2,000 and to
imprisonment for 2 years; or (Amended, 22 of 1950, Schedule)

(b)on summary conviction to a fine of $250 and to imprisonment
for 6 months,

and for the purposes of this section a parent or other person over the
age of 16 having the custody, charge or care of a child or young person
under that age shall be deemed to have neglected him in a manner likely
to cause injury to his health if he fails to provide





adequate food, clothing or lodging for the child or young person, or if,
being unable otherwise to provide such food, clothing or lodging, he
knowingly and wilfully fails to take steps to procure the same to be
provided by some authority, society or institution which undertakes to
make such provision for necessitous children or young persons.

(2) A person may be convicted of an offence under this section,
either on indictment or by a court of summary jurisdiction.
notwithstanding that actual suffering or injury to health or the likelihood
of such suffering or injury to health was obviated by the action of
another person.

(3) A person may be convicted of an offence under this section,
either on indictment or by a court of summary jurisdiction.
notwithstanding the death of the child or young person in respect of
whom the offence is committed.

(Added, 9 qf 1913 2)

28. Any person who unlawfully and maliciously, by the explosion
of gunpowder or any other explosive substance, burns, maims,
disfigures, disables, or does any grievous bodily harm to any person
shall be guilty of felony, and shall be liable to imprisonment for life.

(Amended 30 (?1'1911, ss. 2, 4 and 5, and 39 of 1954 Second
Schedule)

29. Any person who unlawfully and maliciously---

(a)causes any gunpowder or other explosive substance to
explode; or

(b)sends or delivers to, or causes to be taken or received by. any
person any explosive substance or any other dangerous or
noxious thing; or

(c)puts or lays at any place, or casts or throws at or upon or
otherwise applies to any person, any corrosive fluid or any
destructive or explosive substance,

with intent in any of such cases to burn, maim, disfigure, or disable any
person or to do some grievous bodily harm to any person, shall.
whether any bodily injury is effected or not, be guilty of felony. and
shall be liable to imprisonment for life.

(Aniended, 30 of 1911, ss. 2, 4 and 5, and 39 of' 1954.
Schedule)

29A. Any person who without lawful authority or reasonable
excuse has in his possession or custody or under his control in any,
public place any corrosive fluid which is capable of inflicting grievous
bodily harm shall be guilty of an offence and shall be liable on
conviction to imprisonment for 3 years.

(Added, 8 of 1969, s. 2)





30. Any person who unlawfully and maliciously places or throws
in, into. upon, against or near any building, ship. or vessel any,
gunpowder or other explosive substance, with intent to do any bodily
injury to any person, shall, whether or not any explosion takes place
and whether or not any bodily injury is effected, be guilty of felony, and
shall be liable to imprisonment for 14 years.

(Amended, 30 of 1911, ss. 2, 4 and 5, and 39 of 1954,

31. (1) Any person who sets or places, or causes to be set or
placed. any spring gun. man trap, or other engine calculated to destroy
human life or to inflict grievous bodily harm, with intent that the same or
whereby the same may destroy or inflict grievous bodily harm upon a
trespasser or other person coming in contact therewith shall be guilty of
a misdemeanor. and shall be liable to imprisonment for 3 years.
(Aniended, 30 of '1911, ss. 2 and 5)

(2) An\, person who knowingly and wilfully permits any such
spring gun. man trap, or other engine which may have been set or
placed in any place then being in or afterwards coming into his
possession or occupation by some other person to continue so set or
placed shall be deemed to have set and placed such gun. trap. or engine
with such intent as aforesaid:

C

Provided that that

(a) nothing in this section shall extend to make it illegal to set



or place any gun or trap such as may have been or may be
usually set or placed with the intent of destroying vermin, and

(b)nothing in this section shall be deemed to make it unlawful to
set or place or cause to be set or placed, or to be continued set
or placed, from sunset to sunrise, any spring gun. man trap, or
other engine which is set or placed, or caused or continued to
be set or placed, in a dwellinghouse, for the protection thereof.

32. (1) Any person who unlawfully and maliciously puts or throws
upon or across any railway any wood, stone, or other matter or thing, or
unlawfully and maliciously takes up, removes, or displaces any rail,
steeper, or other matter or thing belonging to any railway, or unlawfully
and maliciously turns, moves, or diverts any points or other machinery
belonging to any railway, or unlawfully and maliciouly makes or shows,
hides or removes, any signal or light upon or near to any railway, or
unlawfully and maliciously does or causes to be done any other matter
or thing, with intent, in any of the cases aforesaid, to endanger the
safety of any person travelling or being upon such railway, shall be
guilty of felony, and shall be liable to imprisonment for 14 years.
(Amended, 30 of 1911, s. 2, and 39 of 1954, Second Schedule)





(2) Any person who unlawfully and maliciously throws or causes to
fall or strike, at, against, into, or upon any engine, tender. carriage, or
truck used upon any railway, any wood, stone, or other matter or thing,
with intent to injure or endanger the safety of any person being in or
upon such engine, tender, carriage, or truck, or in or upon any other
engine, tender, carriage, or truck of any train of which such first-
mentioned engine, tender, carriage, or truck shall form part, shall be
guilty of felony, and shall be liable to imprisonment for 14 years.
(Amended, 30 of 1911, s. 2)

(3) Any person who, by any unlawful act, or by any wilful omission
or neglect, endangers or causes to be endangered the safety of any
person conveyed or being in or likely to be in or upon or near to a
railway, or aids or assists therein, shall be guilty of a misdemeanor
triable summarily, and shall be liable to imprisonment for 2 years.
(Amended, 30 of 1911, s. 2, and 22 of 1950, s. 3)

(4) For the purposes of this section, 'railway' includes 'tramway'.

(Added, 7 of'] 911, s. 2)

33. Any person who, having the charge of any carriage or vehicle,
by wanton or furious driving or racing or other wilful misconduct, or by
wilful neglect, does or causes to be done any bodily harm to any person
shall be guilty of a misdemeanor triable summarily. and shall be liable to
imprisonment for 2 years.

(Amended, 30 of 1911. ss. 2 and 5. and 22 of 1950. s. 3)

SUICIDE

33A. The rule of law whereby it is a crime for a person to commit
suicide is hereby abrogated.

(Added, 71 of 1967. s. 2)

33B. (1) A person who aids, abets, counsels or procures the suicide
of another, or an attempt by another to commit suicide, shall be guilty of
felony and shall be liable on conviction to imprisonment for 14 years.

(2) If on the trial of an indictment for murder or manslaughter it is
proved that the accused aided, abetted, counselled or procured the
suicide of the person in question, the jury may find him guilty of the
offence so proved.

(3) No proceedings shall be instituted for an offence under this
section except with the consent of the Attorney General.

(Added, 71 of 1967, s. 2)

ASSAULTS

34. Any person who-

(a)by threats or force, obstructs or prevents, or endeavours to
obstruct or prevent, any clergyman or other minister in or from
celebrating divine service or otherwise officiating in any
church, chapel, meeting house, or other place of divine





worship, or in or from the performance of his duty in the
lawful burial of the dead in any churchyard or other burial
place, or

(b)strikes or offers any violence to, or upon any civil process. or
under the pretence of executing any civil process, arrests. any
clergyman or other minister who is engaged in. or, to the
knowledge of the offender, is about to engage in. any of the
rites or duties in this section aforesaid. or who, to the
knowledge of the offender, is going to perform the same or is
returning from the performance thereof,

shall be guilty of a misdemeanor triable summarily, and shall be liable to
imprisonment for 2 Years.

(Aniended, 30 of 1911 ss. 2 and 5, and 22 of 1950 s. 3)

35. Any person who assaults and strikes or wounds any magistrate
justice of the peace. officer, or other person whomsoever

fully authorized, in or on account of the exercise of his duty in or
concerning the preservation of any vessel in distress, or of any vessel,
,goods, or effects wrecked. stranded, or cast on shore, or lying under
water. shall be guilty of a misdemeanor, and shall be liable to
imprisonment for 7 years.

Amended 30 of 1911. ss. 2 and 5; 50. of 1911. s. 4, and 1 of' 1912. Y.
2)

36. Any person who(a) assaults any person with intent to commit
felony; or

(b)assaults, resists, or wilfully obstructs any police officer in the
due execution of his duty or any person acting in aid of such
officer; or

(c)assaults any person with intent to resist or prevent the lawful
apprehension or detainer of himself or of any other person for
any offence,

shall be guilty of a misdemeanor triable summarily, and shall be liable to
imprisonment for 2 years.

(Amended, 30 of 1911, ss. 2 and 5; 51 of'] 911, s. 2, and 22 of
1950.s.3)

37. If the magistrate, on the hearing of any case of assault or
battery upon the merits, where the complaint is preferred by of on behalf
of the party aggrieved, deems the offence not to be proved, or finds the
assault or battery to have been justified or so trifling as not to merit any
punishment, and accordingly dismisses the complaint. he shall forthwith
make out a certificate under his hand stating the fact of such dismissal,
and shall deliver such certificate to the party against whom the
complaint was preferred.





38. If any person against whom any such complaint is preferred by
or on behalf of the party aggrieved obtains such certificate of dismissal,
or, having been convicted, pays the whole amount adjudged to be paid,
or suffers the imprisonment awarded, in every such case he shall be
released from all further or other proceedings. civil or criminal, for the
same cause.

(Amended, 50 of 1911, Schedule)

39. Any person who is convicted of an assault occasioning actual
bodily harm shall be guilty of a misdemeanor and shall he liable to
imprisonment for 3 years.

(Replaced, 24 of 1950, Schedule)

40. Any person who is convicted of a common assault shall be
guilty of a misdemeanor triable summarily, and shall be liable to
imprisonment for 1 year.

(Replaced, 24 of 1950, Schedule. Aniended, 22 of 1950,
s.3)

41. In the event of a conviction under section 39 or 40, the
convicting court may, in addition to imposing any penalty, order the
offender to enter into a recognizance, with or without sureties, in a sum
riot greater than $500; to keep the peace or to be of good behaviour for a
period not exceeding 12 months.

(Added, 24 of 1950. Schedule

FORCIBLE TAKING OR DETENTION OF PERSONS

42. Any person who, by force or fraud, takes away or detains
against his or her will any man or boy, woman or female child. with
intent to sell him or her, or to procure a ransom or benefit for his or her
liberation. shall be guilty of felony. and shall be liable to imprisonment
for 14 years.

(Amended, 30 oof 1911, ss. 2, 4 and 5, and 51 qf' 1911,
Schedule)

43. (1) Any person who-

(a)unlawfully, by any means, leads or takes away, or decoys or
entices away, or detains any child under the age of 14 years,
with intent to deprive any parent, guardian. or other person
having the lawful care or charge of such child of the
possession of such child, or with intent to steal any article
upon or about the person of such child, to whomsoever such
article may belong; or (Aniended, 13 of 1929,s. 2)

(b)with any such intent receives or harbours any such child,
knowing the same to have been led, taken, decoyed, enticed
away, or detained as in this section before men

tioned,(Amended, 25 of 1930, s. 4)





shall be guilty of felony, and shall be liable to imprisonment for 7 years:
(Aniended, 30 of 1911, ss. 2, 4 and 5, and 39 ol' 1954, Second
Schedule)

Provided that no person who has bona fide claimed any right to the
possession of such child, or is the mother or has bona fide claimed to be
the father of an illegitimate child, shall be liable to be prosecuted by
virtue hereof on account of the getting possession of such child or
taking such child out of the possession of any person having the lawful
charge thereof. (Aniended, 13 of' 1929, s. 2)

(2) For the purposes of this section, the adoptive parent of a child
under the age of 14 years, and the employer of a child under the age of
14 years. shall be deemed to have had the lawful care or charge of such
child:

Provident that--

(a)nothing in this subsection shall be construed as affecting any
rights vested in or conferred on the Director of Social Welfare
by or under the Protection of Women and Juveniles
Ordinance; and (Aniended, 1 of 1958 Schedule)

(b)nothing in this subsection shall be construed as conferring
upon any adoptive parent or employer any right of retaining
possession. custody or control of any child as against the
child's parent or guardian. or as against the child. (Added. 13
of 1929 s. 2)

44. (1) Any person who takes any part in any transaction the
object or one of the objects of which is to transfer or confer, wholly or
partly, temporarily or permanently, the possession, custody or control
of any other person for any valuable consideration shall be guilty of a
misdemeanor triable summarily, and shall be liable to imprisonment for 2
years. (Aniended, 22 of 1950, s. 3)

(2) Any person who without lawful authority or excuse harbours or
has in his possession, custody or control any person with respect to
whom the temporary or permanent possession, custody or control has
been transferred or conferred for valuable consideration by any other
person within or without the Colony shall be guilty of a misdemeanor
triable summarily, and shall be liable to imprisonment for 2 years.
(Amended, 22 qf 1950, s. 3)

(3) Nothing in this section shall be construed as affecting the
customary giving or receiving of presents on occasions of bona fide
betrothals. weddings or adoptions.

(4) No prosecution under this section shall be instituted without
the consent of the Director of Social Welfare:

Provided that such consent shall not be necessary for the arrest of
any person suspected of having contravened this section. (Amended, 1
of 1958, Schedule)





(5) The consent of the person intended to be, or actually.
unlawfully transferred, taken into possession, custody or control or
harboured, or the receipt by such person of the consideration. or any
part thereof, shall be no defence to a charge or indictment under this
section. (Added, 7 of 1939, s. 2)

(Added, 16 of 1938, s. 2)

BIGAMY

45. Any person who, being married, marries any other person
during the life of the former husband or wife shall be guilty of felony,
and shall be liable to imprisonment for 7 years:

Provided that nothing in this section shall extend to any person
marrying a second time whose husband or wife has been continually
absent from such person for the space of 7 years then last past, and has
not been known by such person to be living within that time, or to any
person who, at the time of such second marriage, has been divorced
from the bond of the first marriage, or to any person whose former
marriage has been declared void by the sentence of any court of
competent jurisdiction.

(Amended, 30 of 1911 ss. 2 and 5)

ABORTION CHILD DESTRUCTION AND INFANTICIDE
(Replaced, 13 ol 1981, s. 2)

46. Any woman, being with child, who, with intent to procure her
own miscarriage, unlawfully administers to herself any poison or other
noxious thing, or unlawfully uses any instrument or other means
whatsoever with the like intent, and any person who, with intent to
procure the miscarriage of any woman, whether she is or is not with
child. unlawfully administers or causes to be taken by her any poison or
other noxious thing, or unlawfully uses any instrument or other means
whatsoever with the like intent, shall be guilty of felony, and shall be
liable to

(a)imprisonment for 7 years and to pay such fine as the court may
award in the case of a woman, being with child. who with intent
to procure her own miscarriage, has unlawfully administered to
herself any poison or other noxious thing, or has unlawfully
used any instrument or other means whatsoever with the like
intent, and

(b)imprisonment for life and to pay such fine as the court may,
award in the case of any person who with intent to procure the
miscarriage of any woman, whether she was or was not with
child, has unlawfully administered or caused to be taken by her
any poison or other noxious thing, or has unlawfully used any
instrument or other means whatsoever with the like intent.

(A mended, 30 of'] 911, ss. 2, 4 and 5 and 13 ol'] 98 1, s. 3)





47. Any person who unlawfully supplies or procures any poison or
other noxious thing or any instrument or thing whatsoever, knowing
that the same is intended to be unlawfully used or employed with intent
to procure the miscarriage of any woman, whether she is or is not with
child, shall be guilty of a misdemeanor, and shall be liable to
imprisonment for 3 years.

(Aniended, 30 of 1911, ss. 2 and 5)

47A. (1) Subject to this section, a person shall not be guilty of an
offence under section 46 or 47 when a pregnancy is terminated by a
registered medical practitioner if 2 registered medical practitioners are of
the opinion, formed in good faith that

(a)the continuance of the pregnancy would involve risk to the life
of the pregnant woman or of injury to the physical or mental
health of the pregnant woman, greater than if the pregnancy
were terminated; or

(b)there is a substantial risk that if the child were born, it would
suffer from such physical or mental abnormality as to be
seriously handicapped. (Replaced, 13 of 1981 s. 4)

(2) In determining whether the continuance of a pregnancy would
involve such risk of injury to health as is mentioned in subsection (1),
account may be taken of the pregnant woman's actual or reasonably
foreseeable environment.

(2A) Without prejudice to the generality of subsection (22)--

(a)in the case of a woman who is with child before attaining the
age of 16; or

(b)in the case of a woman who has been the victim of sexual
intercourse which constitutes an offence under section 47,
118, 119, 120 or 121 of the Crimes Ordinance and who has made
a report to any police officer within a period not exceeding 3
months after the date upon which she alleges any such
offence was committed,

a registered medical practitioner who is in doubt as to whether, in fact,
the continuance of her pregnancy would or would not, involve risk of
injury to her physical or mental health greater than if her pregnancy
were terminated may, in forming an opinion for the purpose of
subsection (])(a), presume that the continuance of her pregnancy would
involve risk of injury to her physical and mental health greater than if
the pregnancy were terminated. (A Added 13 qf 1981, s. 4)

(2B) Subject to this section, a registered medical practitioner who
terminates the pregnancy of a woman who he believes has been the
victim of sexual intercourse which constitutes an offence under section
47, 118, 119, 120 or 121 of the Crimes Ordinance, shall not be liable to
prosecution under sections 46 and 47; and it shall be presumed until the
contrary is proved that he believed the woman to have been the victim
of such sexual intercourse if the woman





made a report to a police officer within a period not exceeding 3 months
after the date upon which she alleges any such offence was committed.
(Added, 13 of 1981. s. 4)

(2C) For the purposes of sections 46 and 47, nothing in subsection
(1), (2A) or (2B) shall be taken to authorize the termination of a
pregnancy which is of more than 24 weeks duration. unless such
termination is in the opinion of 2 registered medical practitioners formed
in good faith, necessary to save the life of the pregnant woman. (Added,
13 of 1981, s. 4)

(3) Except as provided by subsection(4) any treatment for the
termination of pregnancy must be carried out in a hospital or clinic
maintained by the Crown or declared by the Director of Medical and
Health Service by notice published in the Gazette to be an approved
hospital or clinic for the purposes of this section.

(4) Subsection (3) shall not apply to the termination of a pregnancy
by a registered medical practitioner if 2 registered medical practitioners
are of the opinion, formed in good faith, that the termination is
immediately necessary to save the life or to prevent grave permanent
injury to the physical or mental health of the pregnant woman.

(5) The Governor in Council may make regulations---

(a)requiring any such opinion as is referred to in subsection (1) to
be certified by the registered medical practitioners concerned,
in such form and within such time as may be prescribed and
requiring the preservation and disposal of certificates made for
the purposes of the regulations;

(b)requiring a registered medical practitioner who terminates a
pregnancy to give notice of the termination. and such other
information relating to the termination as may be prescribed, to
the Director of Medical and Health Services

prohibiting the disclosure, except to such persons or for such
purposes as may be prescribed, of notices given or
information furnished pursuant to the regulations.

(6) Subject to subsection (7), no person shall be under any duty,
whether by contract or by any statutory or other legal requirement, to
participate in any treatment authorized by this section to which he has a
conscientious objection, but in any legal proceedings the burden of
proof of conscientious objection rests on the person claiming to rely on
it.

(7) Nothing in subsection (6) shall affect any duty to participate in
treatment which is necessary to save the life, or to prevent grave
permanent injury to the physical or mental health, of a pregnant woman.

(7A) Nothing in this section shall affect the provisions of

section 47B or 47C 13 of 1981, s. 4)





(8) For the purposes of sections 46 and 47, anything done with
intent to procure the miscarriage of a woman is unlawfully done unless
authorized by virtue of the provisions of this section.

(Added, 15 of 1972, s. 2. Amended, 12 of 1976, s. 2)

47B. (1) Subject to subsection (2) any person who, with intent to
destroy the life of a child capable of being born alive, by any wilful act
causes a child to die before it has an existence independent of its mother
shall be guilty of child destruction, and shall be liable to be punished as
if he were guilty of manslaughter.

(2) Notwithstanding subsection (1) a person shall not be guilty of
an offence under this section unless it is proved that the act which
caused the death of the child was not done in good faith for the
purpose only of preserving the life of the mother.

(3) Where in any proceedings under this section it is proved that
the mother had at any material time been pregnant for a period of 28
weeks or more, it shall be presumed until the contrary is proved that the
mother was at that time pregnant of a child capable of being born alive.

(Added, 13 of 1981, s. 5)

47C. Where a woman by any wilful act or omission causes the death
of her child being a child under the age of 12 months but at the time of
the act or omission the balance of her mind was disturbed by reason of
her not having fully recovered from the effect of giving birth to the child
or by reason of the effect of lactation consequent upon the birth of the
child, then, notwithstanding that the circumstances were such that but
for the provisions of this section the offence would have amounted to
murder, she shall be guilty of infanticide, and shall be liable to be
punished as if she were guilty of manslaughter.

(Added, 13 of 1981, s. 5)

47D. (1) Where upon the trial of any person for the murder or
manslaughter of any child, or for an offence under section 46 or 47C, the
jury are of the opinion that the person charged is not guilty of murder,
manslaughter or of an offence under section 46 or 47C, as the case may
be, but that he is shown by the evidence to be guilty of an offence
under section 47B(1), the jury may find him guilty of that offence, and
thereupon the person convicted shall be liable to be punished as if he
had been convicted upon indictment for an offence under section
47B(1).

(2) Where upon the trial of a woman for the murder of her child,
being a child under the age of 12 months, the jury are of the opinion that
she by any wilful act or omission caused its death, but that at the time
of the act or omission the balance of her mind was disturbed by reason
of her not having fully recovered from the effect of giving birth to the
child or by reason of the effect of lactation consequent upon the birth
of the child and it is shown by the evidence that but for the provisions
of section 47C, she would have





been guilty of murder, the jury may find her guilty of an offence under
section 47C and she shall be liable to be punished as if she were guilty
of manslaughter.

(3) Where upon the trial of any person for an offence under section
47B(1) the jury are of the opinion that the person charged is not guilty of
that offence, but that he is shown by the evidence to be guilty of an
offence under section 46, the jury may find him guilty of that offence,
and thereupon the person convicted shall be liable to be punished as if
he had been convicted upon indictment for an offence under section 46.

(4) Where upon the trial of any person for the murder or
manslaughter of any child or for an offence under section 47B(1) or 47C
the jury are of the opinion that the person charged is not guilty of
murder, manslaughter or of an offence under section 47B(1) or 47C, as
the case may be, and it appears in evidence that the child had recently
been born and that such person did in any manner dispose of the dead
body of the child with intent to conceal its birth, the jury may find such
person guilty of an offence under section 48 and thereupon the person
convicted shall be liable to be punished as if he had been convicted
upon indictment for an offence under section 48.

(5) For the purposes of subsection (4), a child shall be deemed to
have recently been born if it had been born within 12 months before its
death.

(6) Nothing in section 47B or 47C shall affect the power of the jury
upon the trial of any person for the murder of any child to find him
guilty of manslaughter or not guilty by reason of insanity.

(Added, 13 of 1981. s. 5)

CONCEALING THE BIRTH OF A CHILD

48. Any person who in any manner disposes of the dead body of a
child with intent to conceal the fact of its birth whether the child died
before, or during, or after birth, commits an offence and is liable on
conviction to imprisonment for 2 years.

(Replaced, 13 of 1981. s. 6)

ABOMINABLE
OFFENCES

49. Any person who is convicted of the abominable crime of
buggery, committed either with mankind or with any animal, shall be
guilty of felony, and shall be liable to imprisonment for life.

(Amended, 30 qf 1911, ss. 2 and 5)

50. Any person who-

(a) attempts to commit the said abominable crime, or

(b)is guilty of any assault with intent to commit the same. or of
any indecent assault upon any male person,





shall be guilty of a misdemeanor, and shall be liable to imprisonment for
10 years.

(A mended, 30 qf] 911, ss. 2 and 5)

51. Any male person who, in public or private, commits, or is a
party to the commission of, or procures or attempts to procure the
commission by any male person of any act of gross indecency with
another male person shall be guilty of a misdemeanor triable summarily,
and shall be liable to imprisonment for 2 years.

(3 of 1901, s. 2, incorporated. Amended 30 qf 1911, ss. 2
and 5, and 22 of 1950. s. 3)

52. It shall be no defence to a charge or indictment for an indecent
assault on a male person under the age of 13 to prove that he
consented, to the act of indecency.

(3 of 1901. s. 3, incorporated)

53. Whenever, on the trial of any offence punishable under this or
any other Ordinance. it is necessary to prove carnal knowledge, it shall
not be necessary to prove the actual emission of seed in order to
constitute a carnal knowledge. but carnal knowledge shall be deemed
complete on proof of penetration only.

(Amended, 51 of 1911 Schedule)

MAKING GUNPOWDER TO COMMIT OFFENCES,
AND
SEARCH THEREFOR

54. Any person who knowingly has in his possession, or makes or
manufactures, any gunpowder, explosive substance, or dangerous or
noxious thing, or any machine, engine, instrument, or thing, with intent
by means thereof to commit, or for the purpose of enabling any other
person to commit, any of the felonies mentioned in this Ordinance, shall
be guilty of a misdemeanor, and shall be liable to imprisonment for 2
years.

(A mended 30 ol'] 911, ss. 2, 4 and 5, and 39 of 1954, Second
Schedule)

55. (1) On reasonable cause assigned 'upon oath by any person
that any such gunpowder, or other explosive, dangerous, or noxious
substance or thing, or any such machine, engine, instrument, or thing is
suspected to be made, kept, or carried for the purpose of being used in
committing any of the felonies mentioned in this Ordinance, a magistrate
may issue a warrant for searching, in the day-time, any house, mill,
magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other
place, or any carriage, wagon, cart, ship, boat, or vessel, in which the
same is suspected to be made, kept, or carried for such purpose as
hereinbefore mentioned; and the said substances and things shall be
brought before a magistrate, and, on proof that the same have been
made, kept, or carried for any of the purposes aforesaid, whether in the
presence 1 or absence of the





owner of the said substances and things, a magistrate may declare the
same to be forfeited. (Amended, 50 of 1911, s. 4 and Schedule; 51 of
1911, s. 4, and 21 of 1912, s. 2)

(2) Any magistrate and person acting in the execution of any such
warrant shall have, for seizing, removing to proper places, and detaining
all such gunpowder, explosive, dangerous, or noxious substances,
machines. engines, instruments, or things, found upon such search,
which he may have good cause to suspect to be intended to be used in
committing any such offence, and the barrels, packages, cases, and
other receptacles in which the same may be, the same powers and
protections which are given by any Ordinance relating to gunpowder.
(Amended, 50 of 1911, Schedule, and 21 of 1912,s.2)

MISCELLANEOUS

56. Any police officer may take into custody, without a warrant,
any person whom he finds lying or loitering or being in any highway,
yard, or other place during the night, and whom he has good cause to
suspect of having committed, or being about to commit, or intending to
commit any felony or misdemeanor mentioned in this Ordinance, and
shall take such person, as soon as reasonably may be, before a
magistrate, to be dealt with according to law.

(Amended, 50 qf191 1, s. 4 and Schedule; 51 of 1911 1, s. 4 and
Schedule, and 21 of 1912. s. 2)

57. (1) In the case of every felony punishable under this Ordinance,
every principal in the second degree, and every accessory before the
fact, shall be punishable in the same manner as the principal in the first
degree is by this Ordinance punishable.

(2) Any accessory after the fact to any felony punishable under
this Ordinance (except murder) shall be guilty of a misdemeanor triable
summarily, and shall be liable to imprisonment for

years. (Aniended, 30 of 1911, s. 2, and 22 of 1950.s. 3)

(3) Any accessory after the fact to murder shall be liable to
imprisonment for life. (Amended, 30 of 1911, ss. 2 and 5)

(4) Any person who conceals, aids, or abets the commission of any
indictable misdemeanor punishable under this Ordinance shall be liable
to be proceeded against, indicted, and punished, as a principal offender.

58. Wherever any person is convicted of any indictable
misdemeanor punishable under this Ordinance, the court may, in
addition to or in lieu of any punishment authorized by this Ordinance,
fine the offender, and require him to enter into his own recognizances
and to find sureties, both or either, for keeping the peace and being of
good behaviour; and, in case of any felony punishable under this
Ordinance otherwise than with death. the





court may require the offender to enter into his own recognizances and
to find sureties, both or either, for keeping the peace, in addition to any
punishment authorized by. this Ordinance:

Provided that no person shall be imprisoned for not finding
sureties under this section for any period exceeding 1 Year.

(Amended, 50 of 1911 I, Schedule)

59. No summary conviction under this Ordinance shall be quashed
for want of form or be removed by certiorari, and no warrant of
commitment shall be held void by reason of any defect therein, provided
it is therein alleged that the party has been convicted, and there is a
good and valid conviction to sustain the same.

SCHEDULE 9A.]

ARTICLE 11 OF GENOCIDE
CONVENTION

In the present Convention genocide means an\ ofthe following acts
Committed with intent to destroy. in whole or in part. a national. ethnical. racial
or religious group. as such:

(a) killing members of the group:

17) causing serious bodily or mental harm to members ofthe group.

deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part:

(d imposing measures intended to prevent births within the group,

(c) foreibly transferring children of the group to another group.

52 of 1969, s. 3
Originally 4 of 1865. (Cap. 212, 1950.) 1 of 1866. 3 of 1868. 3 of 1901. 7 of 1911. 30 of 1911. 50 of 1911. 51 of 1911. 21 of 1912. 43 of 1912. 9 of 1913. 5 of 1924. 13 of 1929. 25 of 1930. 5 of 1938. 16 of 1938. 7 of 1939. 8 of 1948. 20 of 1948. 22 of 1950. 24 of 1950. 39 of 1954. 1 of 1958. 16 of 1963. 71 of 1967. 8 of 1969. 52 of 1969. 5 of 1971. 15 of 1972. L.N. 69/74. 12 of 1976. 13 of 1981. Short title. 1861 c. 100. Murder. 1861 c. 100, s. 1. Sentence for murder. 1861 c. 100, s. 2. Burial of body of person executed. 1861 c. 100, s. 3. Conspiring or soliciting to commit murder. 1861 c. 100, s. 4. Petit treason to be murder. 1861 c. 100, s. 8. Manslaughter. 1861 c. 100, s.5. Excusable homicide. 1861 c. 100, s. 7. Alternative verdicts. [cf. 1967 c. 58, s. 6.] (Cap. 221.) Trial of homicide where cause of death only happens in the Colony. 1861 c. 100, s. 10. Genocide. Schedule. Administering poison or wounding with intent to murder. 1861 c. 100, s. 11. Destroying or damaging building with intent to murder. 1861 c. 100, s. 12. Setting fire to or causing away ship with intent to murder. 1861 c. 100, s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 1861 c. 100, s. 14. Attempting to commit murder by means not specified. 1861 c. 100, s. 15. Sending letter threatening to murder. 1861 c. 100, s. 16. Impeding person endeavouring to save himself or another from shipwreck. 1861 c. 100, s. 17. Shooting or attempting to shoot, or wounding or striking with intent to do grievous bodily harm. 1861 c. 100, s. 18. Definition of loaded arms. 1861 c. 100, s. 19. Wounding or inflicting grievous bodily harm. 1861 c. 100, s. 20. Attempting to choke, etc., in order to commit indictable offence. 1861 c. 100, s. 21. Using chloroform, etc., in order to commit indictable offence. 1861 c. 100, s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. 1861 c. 100, s. 23. Administering poison, etc., with intent to injure, etc. 1861 c. 100, s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. 1861 c. 100, s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 1861 c. 100, s. 26. Exposing child whereby life is endangered. 1861 c. 100, s. 27. Ill-treatment or neglect by those in charge of child or young persons. [cf. 1908 c. 67, s. 12.] Causing bodily injury by gun-powder, etc. 1861 c. 100, s. 28. Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 1861 c. 100, s. 29. Possession of corrosive substance. Placing gunpowder near building, etc., with intent to do bodily injury. 1861 c. 100, s. 30. Setting spring gun, etc., with intent to inflict grievous bodily harm. 1861 c. 100, s. 31. Placing wood, etc., on a railway with intent to endanger passengers; 1861 c. 100, s. 32. casting stone, etc., upon a railway carriage with intent to endanger the safety of any person therein; 1861 c. 100, s. 33. doing or omitting anything endangering passenger; 1861 c. 100, s. 34. meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. 1861 c. 100, s. 35. Suicide to cease to be a crime. 1961 c. 60, s. 1. Criminal liability for complicity in another's suicide. 1961 c. 60, s. 2. Obstructing or assaulting clergyman, etc., in discharge of his duties. 1861 c. 100, s. 36. Assaulting magistrate, etc., on account of his preserving wreck. 1861 c. 100, s. 37. Assault with intent to commit felony, or on police officer, etc. 1861 c. 100, s. 38. Certificate of dismissal of complaint. 1861 c. 100, s. 44. Certificate of dismissal or conviction and punishment to bar any other proceeding. 1861 c. 100, s. 45. Assault occasioning actual bodily harm. [cf. 1861 c. 100, s. 4.] Common assault. [cf. 1861 c. 100, s. 47.] Power to bind over offenders. [cf. 1925 c. 86, s. 39(3).] Forcible taking or detention of person, with intent to sell him. [cf. 1861 c. 100, s. 56.] Stealing child under 14 years. [cf. 1861 c. 100, s. 56.] (Cap. 213.) Unlawful transfers of possession custody or control of other persons for valuable consideration. Bigamy. 1861 c. 100, s. 57. Administering drug or using instrument to procure abortion. 1861 c. 100, s. 58. Procuring drug, etc., with intent to cause abortion. 1861 c. 100, s. 59. Medical termination of pregnancy. 1967 c. 87, s. 1. (Cap. 200.) (Cap. 200.) 1967 c. 87, s. 2. 1967 c. 87, s. 4. 1967 c. 87, s. 5(2). Child destruction. [cf. 1929 c. 34.] Infanticide. Conviction on alternative offences. Concealing birth of child. Sodomy and bestiality. 1861 c. 100, s. 61. Attempt to commit unnatural offence. 1861 c. 100, s. 62. Act of gross indecency by male with male. 1885 c. 69, s. 11. Consent. 1880 c. 45, s. 2. Definition of carnal knowledge. 1861 c. 100, s. 63. Making or having gunpowder with intent to commit felony. 1861 c. 100, s. 64. Power to issue warrant for searching house, etc., for gunpowder, etc. 1861 c. 100, s. 65. Apprehension of person loitering at night and suspected of felony. 1861 c. 100, s. 66. Punishment of principals in the second degree and accessories. 1861 c. 100, s. 67. Awarding of fine and sureties for keeping the peace. 1861 c. 100, s. 71. No summary conviction or warrant to be quashed for want of form. 1861 c. 100, s. 72.

Originally 4 of 1865. (Cap. 212, 1950.) 1 of 1866. 3 of 1868. 3 of 1901. 7 of 1911. 30 of 1911. 50 of 1911. 51 of 1911. 21 of 1912. 43 of 1912. 9 of 1913. 5 of 1924. 13 of 1929. 25 of 1930. 5 of 1938. 16 of 1938. 7 of 1939. 8 of 1948. 20 of 1948. 22 of 1950. 24 of 1950. 39 of 1954. 1 of 1958. 16 of 1963. 71 of 1967. 8 of 1969. 52 of 1969. 5 of 1971. 15 of 1972. L.N. 69/74. 12 of 1976. 13 of 1981. Short title. 1861 c. 100. Murder. 1861 c. 100, s. 1. Sentence for murder. 1861 c. 100, s. 2. Burial of body of person executed. 1861 c. 100, s. 3. Conspiring or soliciting to commit murder. 1861 c. 100, s. 4. Petit treason to be murder. 1861 c. 100, s. 8. Manslaughter. 1861 c. 100, s.5. Excusable homicide. 1861 c. 100, s. 7. Alternative verdicts. [cf. 1967 c. 58, s. 6.] (Cap. 221.) Trial of homicide where cause of death only happens in the Colony. 1861 c. 100, s. 10. Genocide. Schedule. Administering poison or wounding with intent to murder. 1861 c. 100, s. 11. Destroying or damaging building with intent to murder. 1861 c. 100, s. 12. Setting fire to or causing away ship with intent to murder. 1861 c. 100, s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 1861 c. 100, s. 14. Attempting to commit murder by means not specified. 1861 c. 100, s. 15. Sending letter threatening to murder. 1861 c. 100, s. 16. Impeding person endeavouring to save himself or another from shipwreck. 1861 c. 100, s. 17. Shooting or attempting to shoot, or wounding or striking with intent to do grievous bodily harm. 1861 c. 100, s. 18. Definition of loaded arms. 1861 c. 100, s. 19. Wounding or inflicting grievous bodily harm. 1861 c. 100, s. 20. Attempting to choke, etc., in order to commit indictable offence. 1861 c. 100, s. 21. Using chloroform, etc., in order to commit indictable offence. 1861 c. 100, s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. 1861 c. 100, s. 23. Administering poison, etc., with intent to injure, etc. 1861 c. 100, s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. 1861 c. 100, s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 1861 c. 100, s. 26. Exposing child whereby life is endangered. 1861 c. 100, s. 27. Ill-treatment or neglect by those in charge of child or young persons. [cf. 1908 c. 67, s. 12.] Causing bodily injury by gun-powder, etc. 1861 c. 100, s. 28. Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 1861 c. 100, s. 29. Possession of corrosive substance. Placing gunpowder near building, etc., with intent to do bodily injury. 1861 c. 100, s. 30. Setting spring gun, etc., with intent to inflict grievous bodily harm. 1861 c. 100, s. 31. Placing wood, etc., on a railway with intent to endanger passengers; 1861 c. 100, s. 32. casting stone, etc., upon a railway carriage with intent to endanger the safety of any person therein; 1861 c. 100, s. 33. doing or omitting anything endangering passenger; 1861 c. 100, s. 34. meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. 1861 c. 100, s. 35. Suicide to cease to be a crime. 1961 c. 60, s. 1. Criminal liability for complicity in another's suicide. 1961 c. 60, s. 2. Obstructing or assaulting clergyman, etc., in discharge of his duties. 1861 c. 100, s. 36. Assaulting magistrate, etc., on account of his preserving wreck. 1861 c. 100, s. 37. Assault with intent to commit felony, or on police officer, etc. 1861 c. 100, s. 38. Certificate of dismissal of complaint. 1861 c. 100, s. 44. Certificate of dismissal or conviction and punishment to bar any other proceeding. 1861 c. 100, s. 45. Assault occasioning actual bodily harm. [cf. 1861 c. 100, s. 4.] Common assault. [cf. 1861 c. 100, s. 47.] Power to bind over offenders. [cf. 1925 c. 86, s. 39(3).] Forcible taking or detention of person, with intent to sell him. [cf. 1861 c. 100, s. 56.] Stealing child under 14 years. [cf. 1861 c. 100, s. 56.] (Cap. 213.) Unlawful transfers of possession custody or control of other persons for valuable consideration. Bigamy. 1861 c. 100, s. 57. Administering drug or using instrument to procure abortion. 1861 c. 100, s. 58. Procuring drug, etc., with intent to cause abortion. 1861 c. 100, s. 59. Medical termination of pregnancy. 1967 c. 87, s. 1. (Cap. 200.) (Cap. 200.) 1967 c. 87, s. 2. 1967 c. 87, s. 4. 1967 c. 87, s. 5(2). Child destruction. [cf. 1929 c. 34.] Infanticide. Conviction on alternative offences. Concealing birth of child. Sodomy and bestiality. 1861 c. 100, s. 61. Attempt to commit unnatural offence. 1861 c. 100, s. 62. Act of gross indecency by male with male. 1885 c. 69, s. 11. Consent. 1880 c. 45, s. 2. Definition of carnal knowledge. 1861 c. 100, s. 63. Making or having gunpowder with intent to commit felony. 1861 c. 100, s. 64. Power to issue warrant for searching house, etc., for gunpowder, etc. 1861 c. 100, s. 65. Apprehension of person loitering at night and suspected of felony. 1861 c. 100, s. 66. Punishment of principals in the second degree and accessories. 1861 c. 100, s. 67. Awarding of fine and sureties for keeping the peace. 1861 c. 100, s. 71. No summary conviction or warrant to be quashed for want of form. 1861 c. 100, s. 72.

https://oelawhk.lib.hku.hk/items/show/2864

AERIAL ROPEWAYS (OPERATION AND MAINTENANCE) REGULATIONS

LAWS OF HONG KONG

AERIAL ROPEWAYS (SAFETY) ORDINANCE

CHAPTER 211

(SUBSIDIARY LEGISLATION)





AERIAL ROPEWAYS (OPERATION AND MAINTENANCE)
REGULATIONS

ARRANGEMENTS OF REGULATIONS

Regulation page

PART 1

PRFLIMINAM

1........Citation ....................... ... ... ... ... ... ... ... ... ... A3
2........Interpretation ................. ... ... ... ... ... ... ... ... ... ... A3
3........Application ........ . ........ ... ... ... ... ... ... ... ... ... A4

PART H

APPROVAL OF SURVEYORS. COMPETENT
PERSONS.
CONTROLLERS AND OPFRATORS

4. Application for approval as surveyor. competent person. controller. operator A 4

5..................................Grounds for approval of surveyor. competent person or operator ... ... A 4

PART 111

MANUALS AM) RE(ORDS

6. Owner of aerial ropeway, to supply manuals ... ... ... ... ... ... ... A 5

7...............Records to be kept .... ... ... ... ... ... ... ... ... ... ... A 5

PART IV

OPFRATION

8. Operational personnel..... ... ... ... ... ... ... ... ... ... A 7
9. Duties of operational personnel ... ... ... ... ... ... ... ... ... ... A 8

10. Pre-operational examinations and tests ... ... ... ... ... ... ... ... A 8
11. Requirements as to speed. load. etc . ... .... ... ... ... ... ... ... A 8
12. Certain occurrences to be reported ... ... ... ... ... ... ... ... A 8

13.........................Prohibited goods, and prohibition on smokiniz ... ... ... ... ... ... A 9

14............Prohibited persons ........ ... ... ... ... ... ... ... ... A9

15..................Operation in inclement weather ... ... ... ... ... ... ... ... ... A9

16............Operation at night ........ ... ... ... ... ... ... ... ... A 10

17..............Control of passengers ...... ... ... ... ... ... ... ... ... A10

18..............................Aerial ropeway not to be operated during maintenance ... ... ... ... A 10

PART V

MA[NTE\ANCE

19..............Maintenance schedules ......... ... ... ... ... ... ... ... ... ... A 10

20.....................Annual and quarterly examinations ... ... ... ... ... ... ... ... A 11
21.....................Prohibition on use of certain ropes ... ... ... ... ... ... ... ... A 12







22. Visual examination of carrying-hauling rope ... ... ... ... ... ... ... A 12





Regulaflon page
23. Examination ofearrying-haulin.g ... ... ... ... ... ... ... ... ... ... A 13
24. Prohibition on spliced rope... ... ... ... ... ... A 13
25. Counterweight and counterweight travel ... ... 1 .. ... ... ... ... ... A 13
26. Cars ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... A 14
27. Communication systems ... ... ... ... . ... ... A 14
28. Electrical systems ... ... ... ... A 15
29. Stations ... ... ... ... . . ... ... ... ... ... ... ... ... ... ... A 15
30. Notices to be posted in stations ... ...

PART VI

RESCUE OPERATIONS AND EQUIPMENT

31..............Rescue of passengers ........
32..............Tests of rescue equipment ... ... . ... ... ... A 16

33...................Location of rescue equipment ... ... ... ... ... ... ... ... ... A 16

PART VII

GENERAL SAFETY PRECAUTIONS

34............................Competent person to issue instructions to operators ...

35...................Line to be free from obstructions ... ... ... ... ... ... ... ... ... A 16

36..............Responsibility for keys ..... ... ... ... ... ... ... ... ... ... ... A 17

37.........................Provision of first aid facilities 1. ... ... ... . ... A 17

38...................Protection of persons employed ... ... ... ... ... ... ... ... ... A 17

PART VIII

MISCELLANEOUS

39............................Offences and penalties relating to competent persons ... ... ... ... ... A 18

40..........................Offences and penalties relating to controllers ... ... ... ... ... ... A 18

41.......................Offences and penalties relating to owners ... ... ... ... ... ... ... A 18

42..............................Offences and penalties relating to surveyors and others ... ... ... ... A 18

43..........................Owner to cause regulations to be complied with ... ... ... ... ... ... A 18

First Schedule Fees ........................... ... ... ... ... ... ... ... A 19

Second Schedule Contents of First Aid Boxes ... ... ... ... ... ... ... ... A 19

Third Schedule.......Penalties for Offences ... ... ... ... ... ... ... ... ... A 20





AERIAL ROPEWAYS (OPERATION AND
MAINTENANCE) REGULATIONS

(Cap. 211, section 28)

[Parts 1 and 11: 14 October 1977.
Parts III. IV. V,

VI, VII and VIII: 1 December 1977.1

PART I

PRELIMINARY

1. These regulations may be cited as the Aerial Ropeways
(Operation and Maintenance) Regulations.

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

'competent person', in relation to any duty required to be performed
by him under these regulations, means a person who

(a)is employed by the owner of an aerial ropeway as a
competent person pursuant to regulation 8(1); and

(b) has been approved under regulation 5;

'controller', in relation to any duty required to be performed by him
under these regulations, means a person who

(a)is employed by the owner of an aerial ropeway as a controller
pursuant to regulation 8(1); and

(b) has been approved under regulation 5;

'defectograph' means any apparatus for, the detection of broken wires
in a rope;

,,operator', in relation to any duty required to be performed by him
under these regulations, means a person who

(a)is employed by the owner of an aerial ropeway as an operator
pursuant to regulation 8(1); and

(b) has been approved under regulation 5;

',station' means any terminal station or intermediate station;

'surveyor', in relation to the carrying out of any test or examination
required to be performed by him under these regulations, means a
person who

(a)not being employed by the owner of an aerial ropeway, is
appointed by the owner to carry out any test or examination;
and

(b) has been approved under regulation 5(1);





'work car' means a car which is used, or adapted for use, along the line
for the repair or maintenance of an aerial ropeway or its equipment.

3. These regulations shall apply to continuously circulating
monocable ropeways with detachable grips, in operation on or after the
commencement of these regulations.

PART 11

APPROVAL OF SURVEYORS, COMPETENT
PERSONS,
CONTROLLERS AND OPERATORS

4. An application for the approval of any person as a surveyor,
competent person, controller or operator shall be made in writing to the
Director and shall be accompanied by a full-face photograph of the
applicant and the appropriate fee specified in the First Schedule.

5. (1) Where, on an application for the approval of a person as a
surveyor, the Director is satisfied that, by reason of the applicant's
training, qualifications and practical experience, he is competent to carry
out the tests and examinations required by these regulations to be
carried out by a surveyor, he shall approve that person as a surveyor.

(2) Where, on an application for the approval of a person as a
competent person, the Director is satisfied that, by reason of the
applicant's training, qualifications and practical experience, he is
competent to perform the duties required by these regulations to be
performed by a competent person, he shall approve that person as a
competent person.

(3) Where, on an application for the approval of a person as a
controller or operator, the Director is satisfied that, by reason of the
applicant's training and practical experience, he is competent to perform
the duties required by these regulations to be performed by an operator,
he shall approve that person as a controller or operator, as the case may
be.

(4) Where the Director approves a person as a surveyor,
competent person, controller or operator, he shall issue that person with
a certificate of approval, which in the case of an operator, may limit the
duties which that operator may perform and which may be subject to
such conditions as the Director thinks fit.

(5) Where the Director has issued an operator with a limited
certificate of approval under paragraph (4), the operator shall not, in the
operation of the aerial ropeway. perform any duties for which he has not
been approved.





(6) Where paragraph (5) is contravened. the operator commits an
offence.

(7) The Director may, on application by an operator holding a
limited certificate of approval and on payment of the fee specified in the
First Schedule, amend that certificate by altering the duties which that
operator may perform. varying the conditions or by removing all the
limitations or conditions.

(8) The Director may revoke a certificate of approval issued to a
surveyor, competent person, controller or operator if the holder thereof
has been convicted of any offence under these regulations.

PART 111

MANUALS AND
RECORDS

6. (1) The owner of an aerial ropeway shall, within the period
specified in paragraph (2), supply to the Director

(a)an operation manual prepared by the designer or manufacturer
of the ropeway describing the function and operation of the
components of the ropeway and instructions for the safe
usage of the ropeway, and

(b)a maintenance manual prepared by the designer or
manufacturer describing the recommended maintenance
procedures for the ropeway, including types of lubricants
required and the frequency of application, definitions and
measurements to determine excessive wear, the recommended
frequency of servicing of specific components and the
periodic inspections to be carried out.

(2) The manuals referred to in paragraph (1) shall be supplied-

(a)in the case of a new aerial ropeway, before the Director gives
approval, under section 16 of the Ordinance, to the
commencement of operation;

(b)in the case of an existing aerial ropeway, within 3 months after
the commencement of this Part.

(3) Where the designer or manufacturer of an aerial ropeway
amends the operation manual or maintenance manual prepared by him,
the owner of the aerial ropeway shall notify the Director of such
amendment as soon as reasonably possible after he receives the
amendment from the designer or manufacturer.

7. (1) The competent person in charge of an aerial ropeway shall
keep and maintain an operational log, which shall be made up daily, and
which shall contain the following information

(a) the date;





(b)the names and duties of those operating the ropeway and the
number of hours on duty:

(e) the operating hours of the ropeway;

(d)the ambient temperature and the wind and weather condlitions
at 2-hourly intervals;

(e)confirmation of compliance with daily inspections required
under regulation 10,.

the readings of all installed instruments at 2-hourly intervals,
including

(i) the main drive voltage current and frequency;

(ii) the reduction gear lubricating oil pressure;

(iii) the brake system hydraulic pressures and the brake
actuating or hold-off current;

(iv) the line supervision current; and

(v) the counterweight movement;

(g)details of any accident, malfunction or abnormal occurrence,
including

(i) fire;

(ii) landslide;

(iii) faulty clamping or unclamping of detachable grips on
the rope;

(iv) the tripping of any line supervision switch; and

(v) the tripping of the---cardoor closed- switch;

(h)the location of sub-station, operating and safety circuit
bridging keys;

(i)the record of the 2-hourly inspection, during normal
operations, of the line by the workcar

(j) details of any rescue operation or practice thereof,

(k)any other information or occurrences which may be required
by the Director.

(2) The competent person in charge of an aerial ropeway shall also
keep and maintain the following records

(a)a wire rope log giving the following information in respect of
each rope

(i) the approved specification;

(ii) a certified copy of the manufacturer's report on the test
of the rope;

(iii) the date the rope was installed;

(iv) a copy of a splicing certificate for each splice given by
the person carrying out the splice;







(v) a record of lubrication including the type of lubricant
and the date on which it was applied;





(Vi) a record of all visual examinations and reports thereon
and all defectograph readings. including the master record:
and

(vii) any other information which may, be required by the
Director; and

(h) a maintenance log which shall-

(i) show the execution of any maintenance work carried
out;

(ii) state the components serviced, the condition of such
components and the replacement of components, and

(iii) include the names of the persons carrying out the
maintenance work.

(3) On being requested to do so by the Director, a competent
person shall produce any record kept and maintained by him under
paragraph 1 or (2) for inspection.

(4) All logs and records required to be kept and maintained under
this regulation shall be in such form as shall, from time to time. be
approved by the Director.

PART IV

OPERATION

8. (1 The owner ner of an aerial ropeway shall riot operate the
ropeway unless he has at all times in his employ a competent person to
be in charge of the ropeway and such number of controllers and other
operators and of such grades, experience or training as the Director
shall approve and unless the duties of such controllers and other
operators have been approved by the Director.

(2) The Director may, if in his opinion the safe operation of an aerial
ropeway so requires, vary his approval given under paragraph (1) either
as regards the number of controllers and other operators to be
employed on the ropeway or as regards their grades. experience or
training.

(3) For the purpose of securing the Director's approval under
paragraph (1). the owner of an aerial ropeway shall submit to the
Director

(a)in the case of a new aerial ropeway, not less than 2 months
before the date on which the owner proposes to commence
operating;

(b)in the case of an existing ropeway. within 1 month after the
commencement of this Part,

a notice in writing giving the name of the competent person. the
proposed numbers and grades of the controllers and other operators to
be employed in the operation of the ropeway and details of the
proposed duties and hours of work of each controller and operator.





(4) When an aerial ropeway is in operation. the competent person
in charge of that ropeway shall ensure that there is on duty such
number of controllers and other operators as the Director has approved
under paragraph (1).

9. (1) A controller appointed by the owner of an aerial ropeway
shall

(a)be subject to the supervision of the competent person in
charge of the ropeway;

(b) while on duty, be responsible for-

(i) ensuring that all operators perform their duties
satisfactorily;

(ii) the safe operation of the ropeway, and

(iii) discharging such other duties as may be imposed on
him by or under these regulations.

(2) The duties of operators shall be such as have been approved
by the Director under regulation 8(1).

10. Every day before the commencement of operation of an aerial
ropeway fir the carriage of members of the public. the controller on duty
at that time -shall carry out a visual examination

or test of such indication. control and safety devices as may be required
by; the Director.

11. The controller on duty when an aerial ropeway is in operation
shall ensure that

(a)the ropeway is not operated at a speed in excess of that
approved by the Director.

(b)a ropeway car does not carry a number of passengers in
excess of that approved by the Director and does not carry a
load in excess of the maximum permitted by the Director, and

(c)the number of cars carried on the ropeway at any one time
does not exceed the maximum approved by the Director.

12. (1 The controller on duty when an aerial ropeway is in
operation shall forthwith report to the Director the happening of any of
the following occurrences

(a)the death of or injury to any person occurring within the site
of the ropeway,

(b) the breakage of any rope;

(c)the failure of the main drive (other than by reason of the
failure of the main power supply). auxiliary drive or standby
drive systems:





(d) the failure of any detachable grip:

(e) any rescue operation required along the line;

(f) any fire;

(g) any landslide.. or

(h)any other occurrence as may be required from time to time by the
Director.

(2) Paragraph (1) shall not derogate from a provision in any other
enactment requiring the happening of any, occurrence specified in that
paragraph to be reported to any person.

13. (1 The controller on duty when an aerial ropeway is in operation
shall ensure that there is not carried on the ropeway

(a)any arms or ammunition except those carried by members of Her
Majesty's forces or by. any public officer while on duty:

(b) any dangerous goods within the meaning of the Dangerous



Goods Ordinance:

(c) any livestock or pets: or

(d)a any object likely. to cause inconvenience or annoyance to 1111
passenger on the ropeway or prejudice the safe operation of the
ropeway

(2) No person shall smoke in any, car on an aerial ropeway.

14. The controller on duty when an aerial ropeway is in operation shall
ensure that there is not carried on the ropeway

(a) any person whom he believes or is given reasonable cause

c

to believe is under the influence of alcohol or drugs.

(b)any person whom he believes or is given reasonable cause to believe is
suffering from a contagious disease;

(c)any person whom he believes or is given reasonable cause to believe
may prejudice the safety of the ropeway; or

(d)any person suffering from physical or mental handicap whom he
believes or is given reasonable cause to believe would be likely to
prejudice the safety of the ropeway, unless special arrangements have
been made, with the approval of the Director, for the carriage of such
person.

15. (1) Upon the hoisting at the Royal Observatory of the No. 3 visual
storm warning. the controller on duty shall

(a)stop the operation of the aerial ropeway after all passengers being
carried thereon have been carried to the nearest station at which
transport is available., and





(b) ensure that-

(i) all rope-retaining devices on sheave trains are placed in
the 'rope safe- position;

(ii) all cars are parked in stations under shelter.

(2) The controller on duty when an aerial ropeway is in operation
may stop the operation of the ropeway if the weather conditions are
such as to prejudice the safe operation of the ropeway.

(3) Where the wind conditions are such as to cause the cars on a
ropeway to oscillate violently, the controller on duty shall reduce the
speed of the ropeway.

16. Except with the prior approval of the Director, the owner of an
aerial ropeway shall not permit the ropeway to be operated after sunset
and before sunrise.

17. The owner of an aerial ropeway shall ensure that arrangements
are made at each station on an aerial ropeway for the marshalling and
control of persons using or intending to use the ropeway so as to
provide for safe and orderly embarkation and disembarkation.

18. The competent person in charge of an aerial ropeway shall
ensure that

(a)the ropeway is not operated when any work is being carried
out on any trestle, and

(b)the ropeway is not operated for the carriage of members of the
public when any other repair or maintenance work is being
carried out.

PART V

MAINTENANCE

19. (1) The competent person in charge of an aerial ropeway shall.
within the period specified in paragraph (5), submit for the approval of
the Director a written schedule of the systematic maintenance of all
parts of the ropeway. which schedule shall include intervals between
the inspection, lubrication and adjustment of

(a)all ropes and cables. including an examination for broken
wires and the gauging of circumferences.

c

(b) all sheave trains. sheaves. bushes. pins and all bearings.

(c)the drive system. including auxiliary and stand-by drive
systems and generators:





(d) the communication systems.

(e) all electric circuits. controls and switchgear

all cars, including hangers. detachable grips and car doors;

(g) trestle structures and foundations.

(h) earthing cables; and

(i) station buildings.

(2) The Director may require any. maintenance schedule submitted
to him under paragraph (1) to be amended before he approves it.

(3) Where the Director has approved any maintenance schedule,
he may require the competent person in charge of the aerial ropeway to
amend that schedule.

(4) Where the Director has approved a maintenance schedule
submitted to him under paragraph 1 the competent person in charge
of the aerial ropeway to which the schedule relates

(a)shall not permit any deviation therefrom without the approval
of the Director; and

(b)shall ensure that the ropeway is maintained in accordance with
that schedule. as from time to time amended.

(5) A maintenance schedule under paragraph (1) shall be submitted-
--

(a)in the case of a new aerial ropeway. within 1 month after the
commencement of operations, or

(b)in the case of an existing aerial ropeway. within 1 month after
the commencement of this Part.

20. (1) The owner of an aerial ropeway shall ensure that the
examination specified in paragraph (3) are carried out by a surveyor at
least once every 12 months, the first such examinations being carried
out not later than 14 months from the date of the Director's approval,
under section 16 of the Ordinance, of the commencement of operation.

(2) The competent person in charge of an aerial ropeway shall
carry out the examinations specified in paragraph (3) at least once every
3 months, but shall not carry out such examinations on a day on which
a surveyor is carrying out such examinations for the purposes of
paragraph (1).

(3) For the purposes of paragraphs 1 and (2) the surveyor or
competent person shall examine

(a)all ropes, including gauging the circumference. visual
examinations over the whole length and defectograph

c

readings over the entire length of the carrying-hauling rope;





(b)the car hangers and detachable grips, including the actuating and
checking mechanisms;

(c)the sheave trains, sheaves, bushes, pins and beams located on
trestles;

(d)the sheaves, bushes and pins at the incoming and outgoing trains
located at stations:.

(e)the main auxiliary and stand-by drives and braking systems;

all electric circuits, controls, switchgear and earthing arrangements;

(g)car door locking devices and cars for deformation. broken or loose
windows and size of apertures,

(h)trestles and foundations. including torque loaded bolts on trestle
beads..

(i) car carriage and rope speed synchronizing equipment; and

(J)any other apparatus. device or machinery as may be required by the
Director.

(4) Notwithstanding paragraphs (1 and (2) the Director may require the
examinations referred to in paragraph (3) to be carried

c

out at any time if, in his opinion. the condition of the ropeway or any part
thereof is such as to require examination.

(5) The owner of an aerial ropeway shall ensure that a report of every
examination required under this regulation, prepared by the surveyor or
competent person making the examination. is sent to the Director as soon as
reasonably possible after such examination is completed.

21. The competent person in charge of an aerial ropeway shall ensure that
no rope shall be used in the operation of the ropeway

(a)the diameter of which when first installed is reduced by 10 per cent;
or

(b)in which the number of broken wires in any length equal to 30 timed
the diameter of the rope exceeds 10 per cent of the total number of
wires.

22. (1) Subject to paragraph (2), the competent person in charge of an
aerial ropeway shall examine visually the carryinghauling rope--

(a)in the case of a new aerial ropeway. prior to the cornmencement of
operations and thereafter at intervals not exceeding one month,

(b)In the case of an existing aerial ropeway at intervals not exceeding
one month.





(2) Notwithstanding paragraph (1), the Director may, where
deterioration or other changes affecting the strength of the
carryinghauling rope have set in, require the competent person in charge
of the aerial ropeway to examine visually that rope at such intervals as
the Director may determine.

(3) For the purposes of conducting the examinations under
paragraphs (1) and (2) the competent person shall ensure that the
carrying- hauling rope is run at a speed not exceeding 0.3 m a second.

23. (1) The competent person in charge of an aerial ropeway shall
examine the carrying-hauling rope with a defectopgraph

(a)in the case of a new aerial ropeway, on the completion of the
splicing of the rope and within the first 50 hours of running or,
in the case of an existing aerial ropeway, not later than one
month after the commencement of this Part;

(b) after any occurrence which may have damaged the rope.

(c)after the shortening of the rope or after any other splicing
operation; and

(d)at such other times or in such other circumstances as the
Director may require.

(2) Where a carrying-hauling rope has been subjected to stoppage
due to faulty unclamping of the detachable grip or has been subjected
to derailment or any other occurrence which may have resulted in
broken wires, the competent person shall, immediately after such
stoppage, derailment or other occurrence, examine such rope both
visually and by means of a defectograph

(3) The competent person shall, within 3 days of taking any
defectograph readings under paragraph (1). send to the Director

(a)a full copy of the defectograph readings taken under
paragraph (1)(a);

(b)where defectograph readings taken under paragraph (1)(b),
(c) or (d) show, in relation to any section of the rope, a change
from previous readings, a copy of those readings and of the
previous readings.

24. The competent person in charge of an aerial ropeway shall not
use in such ropeway any carrying-hauling rope which contains more
than 2 splices.

25. (1) The competent person in charge of an aerial ropeway shall
ensure that

(a)the counterweight keeps the carrying-hauling rope under
constant tension:

(b) the counterweight has clear and unobstructed travel;





(e)the counterweight does not touch or rest on the bottom
of the counterweight space under the worst operational
conditions and that sufficient clearance is provided and
maintained at all times; and

(d)the space in which the counterweight travels is protected,
as far as reasonably possible, from the ingress of water.
dirt, rubbish and other foreign matter and is so guarded as
to prevent the entry of unauthorized persons.

(2) Every day before the operation of the ropeway commences,
the controller on duty at that time shall inspect the space in which a
counterweight travels.

(3) The competent person shall ensure that the aerial ropeway
is not operated unless-

(a)clear and unobstructed travel is provided for the counter-
weight; and

(b)the counterweight space is in a clean condition and free of
water.

26. (1) The owner of an aerial ropeway shall not permit the
operation of any car on that ropeway if-

(a) the car door locking system is not In safe working order;

(b) any part thereof is deformed or broken; or

(c) it has any opening which exceeds 170 mm in width.

(2) The owner of an aerial ropeway shall post up in every car
on that ropeway. and keep in good condition, notices in English and
Chinese-

(a) warning of fires and prohibiting smoking;

(b)stating the maximum number of passengers permitted to
be carried;

(c.) stating the maximum weight permitted to be carried.

(d) prohibiting the carriage of livestock or pets;

(e) stating the goods which may not be carried in the car; and

warning that stoppages may occur due to the operation of
automatic controls and that there is no cause for alarm.

27. (1) The controller on duty when an aerial ropeway is in
operation shall not operate the ropeway unless sufficient of the
ropeway's communications systems are available to provide safe
and effective communication at all times.

(2) The owner of an aerial ropeway shall ensure that not less
than one station is connected with the public telephone system.





28. The owner of an aerial ropeway shall ensure that all electric
circuits, overload devices, circuit breakers, switchgear and safety
devices are kept in a safe and proper state of repair and are examined in
accordance with these regulations and good electrical engineering
practice.

29. The owner of an aerial ropeway shall ensure that-

(a)the interior of every station on that ropeway is adequately lit
when the ropeway is In operation,

(b)all rails and barriers used for the marshalling and control of
passengers are kept at all times in a good state of repair;

(c)all areas within a station are kept in a good state of repair and
in a clean and orderly condition and that all floors within a
station are kept dry, and in a non-slippery

condition,

(d)all toilet facilities within a station are kept in a clean and
sanitary condition., and

(e)all guards and other devices for the protection of persons
employed on the ropeway and of the public are kept in a safe
state of repair and are not removed.

30. The owner *of an aerial ropeway shall post up in a
conspicuous place in each station and keep in good condition

(a)notices, in English and Chinese containing the matters set out
in regulation 26(2) and in addition, warning of mechanical and
electrical dangers; and

(b)notices. in English and Chinese and either with a red or yellow
background warning of the dangers of fire.

PART VI

RESCUE OPERATIONS AND EQUIPMENT

31. (1) The owner of an aerial ropeway shall not operate that
ropeway unless the equipment provided for and the method of the
rescue of passengers have been approved by the Director and shall
ensure that all rescue equipment is kept in a safe state of repair.

(2) The owner shall ensure that, at all times when the aerial
ropeway is in operation, there is on duty a sufficient number of persons
trained in the rescue of passengers.

(3) The competent person incharge of an aerial ropeway shall carry
out practice rescue operations on an aerial ropeway at such intervals as
may be required by the Director.





32. (1) The competent person in charge of an aerial ropeway shall
test all rescue equipment

(a)to twice the normal rescue load immediately prior to any
practice rescue operation., and

(b)once a year to the manufacturer's recommended proof loading.

(2) The competent person shall. Immediately after any practice
rescue operation, examine all rescue equipment and shall ensure that all
damaged equipment is repaired forthwith and then tested to the
manufacturer's recommended proof loading.

(3) Where any rescue equipment has been used in the rescue of
passengers from an aerial ropeway the competent person shall inspect
all such equipment and shall repair or replace such equipment if
necessary before the ropeway resumes operation.

33. The competent person in charge of an aerial ropeway shall
ensure that rescue equipment is located at suitable points along the
length of the ropeway and that the equipment is sufficiently protected
from deterioration by the action of weather, loss by stealing or damage.

PART VII

GENERAL SAFETY PRECAUTION
TIONS

34. (1) Subject to paragraph (2). the competent person in charge of
an aerial rope' ay shall prepare and issue to each controller and
operator written instructions on the action to be taken by operators

(a)where there is such stoppage of the ropeway as may be
specified in the instructions,

(b)on any occasion on which the auxiliary or stand-by drives are
engaged:

(c) in the event of a rescue of passengers., and

(d) on the occasion of any fire or accident.

(2) Any instructions prepared by the competent person under
paragraph (1) shall be approved by the Director before they are issued.

35. The competent person in charge of an aerial ropeway shall
ensure that

(a) all trees and vegetation growing. along the route of the
ropeway are trimmed so as to give the minimum clearance p

required under the Code of Practice.





(b)rocks, stones and earth do not accumulate beneath the
ropeway line in such quantities as to reduce the minimum
clearance required under the Code of Practice: and

(c)adequate provision is made for rescue teams to work on, and
for rescued persons to be lowered down any hillside on which
loose rocks. loose stones or loose earth exist.

36. (1 Subject to paragraph (4) the competent person in charge of
an aerial ropeway shall prepare and issue to each controller and
operator written instructions concerning the safe-keeping of sub-station
keys, operating keys and safety circuit bridging keys.

(2) When an aerial ropeway is in operation the competent person
shall retain possession of the safety circuit bridging keys at all times.

(3) The competent person in charge of an aerial ropeway shall
ensure that all sub-station keys. operating keys and safety circuit
bridging keys are kept in safe custody when hen not 'in use.

(4) Any instructions prepared by the competent person under
paragraph (1) shall be approved by the Director before they are issued.

37. (1) The owner of an aerial ropeway shall provide and maintain
at each station a first aid box containing the items specified in the
Second Schedule.

(2) The owner shall at all times ensure that-

(a)the items in the box are maintained in a serviceable and
sanitary condition;

(b)all materials for dressings in the box are those designated in,
and are of a grade not lower than the standards specified by,
the British Pharmaceutical Code or by any supplement to it,

(c)nothing except appliances and requisites for first aid are kept
in a first aid box,

(d)each first aid box is clearly and legibly marked AID' and and

(e)when the aerial ropeway is in operation there are on duty at
the ropeway at least 2 persons trained in first aid.

38. The owner of an aerial ropeway shall ensure that protection
against injury of all persons employed in the operation of the ropeway
is provided by

(a)the placing of notices, in English and in Chinese, warning
against mechanical and electrical dangers; and

(b)the issue of safety belts to be worn when working at a height.





PART VIII

MISCELLANEOUS

39. Any competent person in charge of an aerial ropeway who
contravenes, or fails, without reasonable excuse, to comply with a
requirement of the Director under. regulation 7(1), (2), (3) or (4). 8(4), 18,
19(1), (3) or (4), 20(2) or (4), 21, 22(1), (2) or (3), 23(1), (2) or (3), 24, 25(1)
or (3), 31(3) 32(1), (2) or (3), 33, 34(1) 35 or 36(1), (2) or (3) commits an
offence against that regulation and is liable to the penalty set out in the
2nd. 3rd and 4th columns of Part 1 of the Third Schedule opposite the
reference to that regulation in the 1st column thereof.

40. Any controller who contravenes, or fails, without reasonable
excuse, to comply with a requirement of the Director under, regulation
10, 11, 12(1), 13(1), 14, 15(1) or (3), 25(2) or 27(1) commits an offence
against that regulation and is liable to the penalty set out in the 2nd, 3rd
and 4th columns of Part 11 of the Third Schedule opposite the reference
to that regulation in the 1st column thereof.

41. Any owner of an aerial ropeway who contravenes. or falls.
without reasonable excuse. to comply with a requirement of the Director
under. regulation 6(1) or (3). 8(1) or (3), 16, IT 20(1), (4) or (5). 26(1) or (2).
27(2). 28. 29(a), (b). (c), (d) or (e). 30, 31(1) or (2), 37(1) or (2) or 38
commits an offence against that regulation and is liable to the penalty
set out in the 2nd, 3rd and 4th columns of Part 111 of the Third Schedule
opposite the reference to that regulation in the 1st column thereof.

42. (1) Any surveyor. competent person or controller who delivers
to the Director or to the owner of an aerial ropeway, any report or makes
any entry in a record which is to his knowledge false in a material
particular or which he does not believe to be true commits an offence
and is liable to a fine of $10,000 and to imprisonment for 6 months.

(2) Any operator who commits an offence under regulation 5(6) is
liable to a fine of $2,000.

(3) Any person who contravenes regulation 13(2) commits an
offence and is liable to a fine of SI $1,000.

43. (1) The owner of an aerial ropeway shall cause every
requirement or obligation imposed upon

(a)a competent person by or under each of the regulations set
out in regulation 39: and

(b)a controller by or under each of the regulations set out in
regulation 40.

to be complied with.





(2) Subject to paragraph (3), any owner of an aerial ropeway who
contravenes paragraph (1) commits an offence (whether or not any
other person is also convicted of the offence) and is liable

(a)where the contravention relates to any of the regulations set
out in regulation 39. to the penalty set out in the 2nd, 3rd and
4th columns of Part IV of the Third Schedule opposite the
reference to that regulation in the 1st column thereof, and

(b)where the contravention relates to any of the regulations set
out in regulation 40, to the penalty set out in the 2nd, 3rd and
4th columns of Part V of the Third Schedule opposite the
reference to that regulation in the I st column thereof.

(3) The owner of an aerial ropeway shall not be convicted of an
offence under paragraph (2) if he satisfies the court that he took all such
precautions to prevent the non-compliance as the court considers
reasonable in the circumstances.

FIRST SCHEDULE [regs. 4 5(7).]

FEES

Fee
1 Application for approval under regulation 4 as-

(a) a surveyor ... ... ... ... ... ... ... ... ... ... ... $1,200

(h) a competent person ... ... ... ... ... ... ... ... ... S 250

(c) a controller ... ... ... ... ... ... .1 . ... ... ... S 225

(d) an operator ... ... ... ... ... .. ... ... ... ... S 100

2. Application under regulation 5(7) by an operator holding a limited
certificate ... ... ... ... ... ... . ... ... ... ... ... S 150

SECOND SCHEDULE [reg. 37.1

CONTENTS OFF[ FIRST AID BOXES

(a)A copy of a leaflet issued by the Director of Medieal and Health Set,
giving advice on first-aid treatment.

(e)A sufficient number of medium-sized sterilized unmedicated dressings for
injured hands or feet.

(d)A sufficient number of large sterilized unmedicated dressings for other
injured parts of the body.

(e)A sufficient number of waterproof adhesive wound dressings of assorted
sizes.

(f)A sufficient number of triangular bandages of unbleached calico, the
longest side of each bandage measuring not less than M inches and each of
the other sides of each bandage measuring not less than

(g) A sufficient supply of rolls of zinc oxide adhesive plaster. each roll to be
at

least 4,

(h) A sufficient number of 1~ packets of absorbent cotton wool. (i)
A pressure bandage. (j) A sufficient number of safety pins.





THIRD SCHEDULE [regs. 39. 40. 41 43.1
PFN.ALTIFS FOR OFFE\CFS
PART 1
COMPETFNT PERSON
i
Period of

Regulation Aniount offinej,17pl.i for each da.i. on
solll77efit which the offence
Continues
70) i S2.000 3 months
7(2) S2.000 3 mon 1 hs
7(3) S2.000 3 months
7(4) S2.000 3 months
8(4) S5.000 6 months
18 S5.000 6 months S50
19(1) S2-000 3 months
)90) S1000 3 months
19(4) S5M0 6 month.,
20(2) S5.000 6 months
20(4) S5.000 6 months
21 S5.000 6 month,,, S50
22(1) S5.000 6 months
22(2) S5.000 6 months
22(3) S5.00C1 6 month,-,
23(1) S~ 6 month,.,
13(2) s~.((( 6 ill~)11til,~
23(11) S2.000 flionths
24 S5.~ 6 months S50
25(1) S5.000 6 months S50
25(3) S5.000 6 months S50
31(3) S~.000 6 months
32(1) s:, 000 6 month,,
32(2) S~.000 6 months
32(3) 6 month,,,
33 6 months S50
34(1) 0(1) 6 niontlis
35 6 month,,
36(1) 6 months
36(21 s~.((0 6 months
36(3 1 S:, (M 6 nionths

PART 11

CO\TROLLER

P~,1-i~)tl ol1M. cach da I. oil
Regulation AP?7o]lllt offille i) lit'll 1 1 s.hich the otence
copiti nues
10 S5.000 6 months
11 S5.0(0 6 months
12(1) S2.000 3 months
13(1) s~.((( 6 months
14 S51.~ 6 month,.,
15(1) s~.((( 6 months
15(3) si.000 6 months
2S(2) S5.000 6 months
27(1) 6 month,-,





PART 111
OWNER

Additional line
Period of' for each dell- 011
Regulation Aniount o 'fine
hich the o
continues
6(1) 510.0006 months
6(3) 510.0006 months

8(1) S10,000 6 months S 100
8(3) S10,000 6 months
16 S50,000 2 years
1 VC-ar 5 500
17 520,000
20(1) S50.000 2 years
20(4) S20,000 1 year
20(5) S10.000 6 months
26(1) 520,000 1 year S 500
26(2) S 5.000
27(2) S10.000 6 months

28 S50,000 21 Years SLOO0
9(a) S10,0M S 100
29(h) S WO
S10,000
9(c) S 5,000
9(d) 5 5.000

9(e) S20,000 1 year S 500
30 S 5,000

31(1) S50,000 2 Years S1.000
31(2) S50M0 2 ~cars S 1 MO
37(1) 5 5,000
37(2) S 5.000
38 510,000 6 months

PART IV
OWNER
Additional fine
Period ol
Regulation Amount o r each da i. on
.1 fine imprisolunent it hich the o,ff~tice
conti nues
7(1) S10,000 6 months
7(2) S10,000 6 months
7(3) S10,000 6 months
7(4) S10,000 6 months
8(4) S10,000 6 months

is S20,000 1 year S 500
19(1) S10,000 6 months
19(3) 510,000 6 months
19(4) S2U00 1 year
20(2) S20,000 1 year
20(4) S20,000 'Ca

21 S50,000 2 ~ears S1.000
22(1) S20,000 1 year
22(2) 520.000 '1 yea'r'
22(3) S20,000 1 Year
23(1)
S20,000 1 year






23(2) S20,000 1 year
23(3) S 1 U00 6 months
24 S50,000 2 years SLOO0
25(1) 520,000 1 year S 500

25(3) S20.000 1 year S500





Addiflonal

fine

Regulation Ainount of finePeriod of for each da v on
-isonmentwhich the offence

Conti Pities
31(3) SM0006 months
32(1) S20.0001 year
32(2) S20M01 year
S20.0001 year

32(3)
33 S20.000 1 year S 500
34(1) S20.000 1 Year
35 S20.000 1 year
36(1) S20.000 1 year
36(2) S20.000 1 year
36(3) S20.000 1 Year

PART V

OWNER

Addiflonal.fine

Re~gulationAniount of Illic Period of Jor each da v on
which the offence
continues
S2(M01 war
S%.~1 -year
12(1) SIUM6 months
13(1) SI(.~1 year
14 S20.0001 year
15(1) S20.0001 year
15(3) S20M01 year
25(2) S20.0001 year
27(1) S20.0001 year
L.N. 243/77. L.N. 240/81. L.N. 276/77. Citation. Interpretation. L.N. 240/81. Application. Application for approval as surveyor, competent person, controller, operator. First Schedule. Grounds for approval of surveyor, competent person or operator. First Schedule. Owner of aerial ropeway to supply manuals. Records to be kept. Operational personnel. Duties of operational personnel. Pre-operational examinations and tests. L.N. 240/81. Requirements as to speed, load, etc. Certain occurrences to be reported. Prohibited goods, and prohibition on smoking. (Cap. 295.) L.N. 240/81. Prohibited persons. Operation in inclement weather. Operation at night. L.N. 240/81. Control of passengers. Aerial ropeway not to be operated during maintenance. Maintenance schedules. L.N. 240/81. Annual and quarterly examinations. L.N. 240/81. Prohibition on use of certain ropes. Visual examination of carrying-hauling rope. Examination of carrying-hauling. Prohibition on spliced rope. Counterweight and counter-weight travel. Cars. Communication systems. L.N. 240/81. Electrical systems. Stations. Notices to be posted in stations. Rescue of passengers. Tests of rescue equipment. Location of rescue equipment. Competent person to issue instructions to operators. Line to be free from obstructions. Responsibility for keys. Provision of first aid facilities. Second Schedule. Protection of persons employed. L.N. 240/81. Offences and penalties relating to competent persons. Third Schedule. Offences and penalties relating to controllers. Third Schedule. Offences and penalties relating to owners. Third Schedule. Offences and penalties relating to surveyors and others. Owner to cause regulations to be complied with. Third Schedule. Third Schedule. L.N. 240/81.

L.N. 243/77. L.N. 240/81. L.N. 276/77. Citation. Interpretation. L.N. 240/81. Application. Application for approval as surveyor, competent person, controller, operator. First Schedule. Grounds for approval of surveyor, competent person or operator. First Schedule. Owner of aerial ropeway to supply manuals. Records to be kept. Operational personnel. Duties of operational personnel. Pre-operational examinations and tests. L.N. 240/81. Requirements as to speed, load, etc. Certain occurrences to be reported. Prohibited goods, and prohibition on smoking. (Cap. 295.) L.N. 240/81. Prohibited persons. Operation in inclement weather. Operation at night. L.N. 240/81. Control of passengers. Aerial ropeway not to be operated during maintenance. Maintenance schedules. L.N. 240/81. Annual and quarterly examinations. L.N. 240/81. Prohibition on use of certain ropes. Visual examination of carrying-hauling rope. Examination of carrying-hauling. Prohibition on spliced rope. Counterweight and counter-weight travel. Cars. Communication systems. L.N. 240/81. Electrical systems. Stations. Notices to be posted in stations. Rescue of passengers. Tests of rescue equipment. Location of rescue equipment. Competent person to issue instructions to operators. Line to be free from obstructions. Responsibility for keys. Provision of first aid facilities. Second Schedule. Protection of persons employed. L.N. 240/81. Offences and penalties relating to competent persons. Third Schedule. Offences and penalties relating to controllers. Third Schedule. Offences and penalties relating to owners. Third Schedule. Offences and penalties relating to surveyors and others. Owner to cause regulations to be complied with. Third Schedule. Third Schedule. L.N. 240/81.

https://oelawhk.lib.hku.hk/items/show/2863

AERIAL ROPEWAYS (SAFETY) ORDINANCE

LAWS OF HONG KONG

AERIAL ROPEWAYS (SAFETY) ORDINANCE

CHAPTER 211





CHAPTER 211

AERIAL ROPEWAYS (SAFETY) ORDINANCE

ARRANGEMENT OF SECTIONS
Section

PART 1

PRELIMINARY

1. Short title............................... ... ... ... ... ... ... ... 3
2. 1 Interpretation tat ................ ... ... ... ... ... ... ... ... ...
... ....3
3. Application................................. 11 . ... ... ... ... ... ... 3

4. Power ot' Governor to give directions to Director ... ... ... ... ... ... 4

PART 11

INSTALLATION OF AERIAL ROPEWAYS

5....................Application ol' Code of Practice ... ... ... ... ... ... ... 4

6..............Start ot' installation ........ ... ... ... ... ... ... ... ... ... ... 4

7.........Plans etc . ........................ ... ... ... ... ... ... 4

S.........................Information as to method of installation ... ... ... ... ... ... ... 4

9...............................Installation not to carry out until plans etc. approved ... ... ... ... 4

W. Aerial ropeway to he installed in accordance with plans. etc. ... ... ... 4

11........................Prohibition on passage over buildings ... ... ... ... ... 5

11...........Obstruction .......... 1 . ...... ... ... ... ... ... ... ... 5

13.................Power to enter and inspect ... ... ... ... ... ... ... ... ... 5

14...............................Approval of plans etc. not to confer title to land, etc . ... ... ... ... 6

15.........[Repealed] ......................... ... ... ... ... ... ... ... ... ... 6

PART Ill

OPERATION. MAINTENANCE. REPAIR AND ALTERATION

16. Approval required before aerial ropeway can operate ... ... ... ... ... 6

17..........................Aerial ropeway to be maintained in condition ... ... ... ... ... ... 6

Is. Closure of aerial ropeway for repairs or alterations ... ... 6

19..........................Closure of aerial ropeway for safety reasons ... ... ... ... ... ... 7

20......................Control and safety of aerial ropeway ... ... ... ... ... ... ... ... 7

21...................................Prohibition on alterations to aerial ropeway without permission ... ... 7

22. Examination and testing of aerial ropeways to which major alterations have been

made ..................................... ... ... ... ... ... ... 7

23. 3. Power to enter and inspect ... ... ... ... ... ... ... ... ... ... ... 7







PART IIIA

CONDUCT IMPAIRING SAFETY

23A. Offence to endanger safety of persons using or being near aerial ropeway 8
23B. Trespassing on aerial ropeway ... ... ... ... ... ... ... .. 1 ... ... 8
23C. Power of designated employees to give directions ...
... ... ... ... ... 8
23D. Power of designated employee to arrest ... ... ... ... ... ... ... ... 8
23E. Director may designate employees for purpose of sections 23C and 23D ...
8
23F. Owner to exhibit notices of prohibited conduct ... ... ... ... ... ... 9





Section Page

PART IV
APPEALS

24.........Appeals ............................ ... ... ... ... ... ... ... ... 9

PART V

RECORDS AND INFORMATION

25.........Records ............................ ... ... ... ... ... ... ... 9

26. Information to be supplied by owner of aerial ropeway ... ... ... ... 10

PART VI

OFFENCES AND PENALTIES

27...............Offences and penalties ....... ... ... ... ... ... ... ... ... 10

27A............................Director's requirements etc. to be made in writing ... ... ... ... ... 10

27B.......................Liability for offences by body corporate ... ... ... ... ... ... ... 11

PART VII

MISCELLANEOUS

28. Regulations.............. ... ... ... ... ... ... ... ...
19.

Exemptions.......... ...................... ... ... ... ... ... ... 13

30. Ordinance not to derogate from Buildings Ordinance ... ... ... ... ... 13

31..................Limitation of public liability ... ... ... ... ... ... ... ... ... 13

Schedule. Penalties for Offences................ ... ... ... ... ... ... ... 13





CHAPTER 211

AERIAL ROPEWAYS (SAFETY)

To provide for the design, manufacture and installation of aerial
ropeways, the regulation of the operation and maintenance of
aerial ropeways. the avoidance of dangerous conduct in relation
thereto and for matters ancillary thereto or connected therewith.

(Amended, 37 of 1981, s. 2)

[30 April 1976.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Aerial Ropeways (Safety)
Ordinance.

2. In this Ordinance, unless the context otherwise requires

ropeway- means any apparatus for the overhead transport of
passengers or goods in carriers running along or drawn by
overhead cables supported by towers, pylons or other similar
structures, together with any machinery, equipment or plant
connected therewith;

'Code' means the Code of Practice prescribed under section 5;

-designated employee' means a person designated by the Director
under section 23E, (Added, 37 of' 1981, s. 3)

-Director- means the Director of Electrical and Mechanical Service

-installation works' means all works relating to the installation of an
aerial ropeway, other than building works relating to the
construction of any buildings or structures connected therewith;

,,owner' in relation to an aerial ropeway includes a lessee or hirer, and
any person engaged in the management or control, of an aerial
ropeway. (Added, 37 of 1981, s. 3)

3. (1) Subject to subsection (2), this Ordinance, other than Part 11,
shall apply to any aerial ropeway in existence before the commencement
of this Ordinance.

(2) Any regulations made under section 28 may be expressed to
apply to any aerial ropeway in existence at the time of commencement of
this Ordinance.

(3) This Ordinance shall not apply to any temporary aerial ropeway
for use solely to carry materials for the construction of any building or
structure.





4. (1) The Governor may give to the Director such directions as he
thinks fit with respect to the exercise or performance of his powers,
functions and duties under this Ordinance, either generally or in any
particular case.

(2) The Director shall, in the exercise or performance of his powers,
functions and duties under this Ordinance, comply with any direction
given by the Governor under subsection (1).

PART 11

INSTALLATION OF AERIAL ROPEWAYS

5. The Director may, by notice in the Gazette, prescribe a Code of
Practice, which shall, subject to this Ordinance, govern the design,
manufacture, and installation of aerial ropeways

6. A person wishing to install an aerial ropeway shall not carry out
any installation works before a date determined by the Director.

(Amended, 37 of' 1981, s. 4)

7. A person wishing to install an aerial ropeway shall submit to the
Director--

(a)a plan, in duplicate and on such scale as the Director may
specify, showing the proposed route of the ropeway; and

(b)the designs and specifications of the machinery, equipment
and plant relating to the ropeway,

together with such other information, plans, specifications or
calculations as may be required by the Director.

8. All plans, designs, specifications and calculations submitted to
the Director under section 7 shall be accompanied by information as to
the proposed method of installation of the aerial ropeway and the
proposed programme of installation.

9. (1) The person wishing to install an aerial ropeway shall not
carry out any part of the installation works until the plans, designs,
specifications, calculations and the method and programme of
installation have been approved by the Director. (Amended, 37 of 198 1,
s. 5)

(2) Any approval by the Director under subsection (1) may be
limited to any stage in the installation of the aerial ropeway.

10. (1) The installation works shall be carried out in accordance
with the plans, designs, specifications, calculations and method and
programme of installation as approved under section 9, subject to such
modifications as may be made thereto from time to lime by the person
installing the ropeway with the prior written approval of the Director.





(2) If, in respect of any part of the installation works the Director is
of the opinion that

(a)there is any departure from the requirements of subsection (1);

(b) the method of installation is unsafe; or

(c)the installation works have been or are being carried out in
contravention of this Ordinance or the Code,

he may direct the person installing the aerial ropeway to discontinue
any such part and the same shall not be continued until the Director is
satisfied that any further installation works comply with such
requirements or that the method of installation will be safe, as the case
may be.

(3) If a direction under subsection (2) is not complied with, the
Director may carry out such works as he thinks fit to ensure that the
installation works comply with the requirements of subsection (1) or that
the method of installation will be safe, as the case may be.

(4) The cost of works carried out under subsection (3) shall be
recoverable as a debt to the Crown from the person installing the aerial
ropeway.

11. Save with the approval of the Director, no part of an aerial
ropeway shall pass over any building.

(Amended 37 1981, s. 6)

12. (1 During the installation works the person installing the acrial
ropeway shall ensure that such works do not cause undue obstruction
of any road, shipping channel or railway or cause any hazard to air
navigation.

(2) If the Director is of the opinion that any part of the installation
works is obstructing any road, shipping channel or railway or is causing
a hazard to air navigation he may direct the person installing the aerial
ropeway to discontinue such works, and such works shall riot be
continued except with the permission of the Director and subject to
such conditions as he may impose.

(Aniended, 37 ol' 1981, s. 7)

13. (1) The Director or any public officer authorized by him in
writing, may at any time enter the place at which an aerial ropeway is
being installed

(a)to ascertain whether the person installing the aerial ropeway
is complying with the provisions of this Ordinance and the
Code relating to the installation of the aerial ropeway;

(b)to ascertain whether the installation works are dangerous or
liable to become dangerous to persons being in the vicinity
of, using, or employed in connexion with, the aerial ropeway;
and (Amended, 37 of 1981, s. 8)

(c)to inspect and test any machinery, equipment or plant to be
used in connexion with such aerial ropeway.





(2) The person installing an aerial ropeway shall afford the Director
such facilities as he may reasonably require for the purposes of
subsection (1).

14. Neither the approval of plans, specifications, calculations and
the method and programme of installation under section 9 nor the
approval of commencement of operation under section 16 shall

(a) confer any title to land;

(b) act as a waiver of any term in any lease or licence; or

(c)grant any exemption from or permit any contravention of this
Ordinance, the Code or of any other enactment.

15. Repealed, 3 7 of 198 1, s. 9]

PART 111

OPERATION, MAINTENANCE, REPAIR AND ALTERATION

16. The owner of an aerial ropeway shall not operate the ropeway
until the Director has approved the commencement of operation.

(Aniended, 37 of 1981, s. 10)

17. (1) An aerial ropeway shall be maintained by the owner thereof
in a safe condition. (Amended, 37 of 1981, s. 11)

(2) The Director may, by notice in writing, require the owner to
effect such repairs or alterations to his aerial ropeway as he considers
necessary for the proper maintenance thereof and for the obviation of
fire and other hazards therein.

(3) If the owner of an aerial ropeway fails to comply with any such
requirement within a reasonable time after the receipt of such notice the
Director may effect the necessary repairs or alterations.

(4) If at any time there exist, in the opinion of the Director, any
circumstances requiring the immediate putting into effect of such repairs
or alterations he may require the owner to effect the same forthwith or, if
he thinks fit, may forthwith effect the same with or without notice to the
owner.

(5) The expense of repairs or alterations under this section shall be
borne by the owner and where any such repairs or alterations are
effected by the Director the expense thereof shall be recoverable from
the owner as a debt due to the Crown.

18. (1) The owner of an aerial ropeway may, or if so required by the
Director shall, close or partially close the ropeway to the use of the
public whenever necessary to enable any repairs or alterations to be
effected to the ropeway.

(2) Save in the case of an emergency, the owner shall not effect
any such closure without prior notification to the Director.





1981 Ed.] Aerial Ropeways (Safety) [CAP. 211 7

(3) Whenever a closure is effected under this section in pursuance
of a requirement of the Director, the ropeway or such part thereof
thereby affected shall not thereafter be operated for the use of the public
without the prior consent of the Director. (Amended, 37 of' 1981, s. 12)

19. (1) The owner of an aerial ropeway shall not operate the Closure of aerial
ropeway in a manner which endangers the safety of persons using, ropeway for
safety, reasons.
operating, or being in the vicinity of, the ropeway. (Added, 37 of'
1981, s. 13)

(2) The owner of an aerial ropeway may, and if so required by the
Director shall, close or partially close the ropeway to the use of the
public whenever such action appears reasonably necessary for the
safety of persons using, operating, or being in the vicinity of, the
ropeway.

(3) Save when required by the Director to close or partially close
the aerial ropeway, the owner of an aerial ropeway shall notify the
Director forthwith of any such closure.

(Amended, 37 of 1981, s. 13)

20. (1) The owner of an aerial ropeway shall, to the satisfac- Control and tion of the
Director, provide personnel and facilities for the control la, safety Or and safety of
persons using, or being in the vicinity of, the ropeway. aerial ropeway. (Ap;i(,tz
1981, s. 14)

(2) The provision of such personnel and facilities shall be at the
expense of the owner of the ropeway.

21. Save with the prior consent of the Director, the owner of Prohibition on
an aerial ropeway shall not make any major alterations to the alterations to
aerial ropeway

ropeway. without
permission.
22. (1) Where any major alterations are made to an aerial Examination
ropeway, the Director shall, before the normal use and operation and testing or
aerial ropeways
thereof is resumed, examine and test the ropeway so far as may be to which major
necessary to determine that those parts of the aerial ropeway alterations
affected by such major alterations are in safe working order. have been made.

(2) If the Director is satisfied that such parts of the aerial ropeway
are in safe working order he shall permit the use and operation of the
ropeway to be resumed; and if he is not so satisfied, shall refuse to
permit the use and operation of the ropeway to be resumed and shall
provide reasons for his refusal.

(3) The owner of an aerial ropeway shall not resume the use and
operation thereof without the permission of the Director under
subsection (2), (Added, 37 of 1981, s. 15)

23. (1) The Director, or any public officer authorized by him Power to enter in writing,
may at all reasonable times enter any land in order to and inspect. inspect any aerial
ropeway on that land or passing over that land; and may also enter and inspect any
building or structure connected with any aerial ropeway.





(2) The owner of any land, building or structure shall afford
such facilities for the inspection referred to in subsection (1) as may
be reasonably required by the Director.

PART IIIA

CONDUCT IMPAIRING SAFETY

23A. No person shall wilfully or negligently do or omit to do
anything in relation to an aerial ropeway if such act or omission 'IS
likely to render the ropeway unsafe for persons using, operating, or
being in the vicinity of, the ropeway.

23B. (1) No person shall, without lawful excuse, enter any
part of an area which is fenced or enclosed for the purposes of an
aerial ropeway if at the time of entry sufficient warning notices are
posted in respect of that part.
(2) In subsection (1) 'sufficient warning notices' means no-
tices in English and Chinese forbidding any member of the public,
except in specified circumstances (if any), from entering the relevant
part of the area, which notices are posted so as to be readily seen and
read by a member of the public before he enters that part.

23C. A designated employee may give to any person using or
being in the immediate vicinity of an aerial ropeway any signal or
verbal direction for the purpose of preventing any act or omission by
such person which is likely to render the ropeway unsafe for persons
using, operating, or being in the vicinity of the aerial ropeway, and a
person to whom any such signal or direction is given shall forthwith
comply with the same.

23D. (1) A designated employee may-
(a)require any person whom he reasonably suspects of having
contravened section 23B or who fails to comply with any
signal or direction given to him under section 23C to
immediately give his correct name and address to the
employee;
(b)arrest any person whom he reasonably suspects of having
contravened section 23A or who without reasonable excuse
fails to comply with a requirement under paragraph (a).
(2) A designated employee who arrests any person under
subsection (1) shall take the person forthwith to a police station. to
be dealt with there in accordance with the Police Force Ordinance or
deliver him into the custody of a police officer for that purpose.
(3) If any person forcibly resists or attempts to evade arrest
under this section the designated employee may use such force as is
reasonably necessary to effect the arrest.

23E. (1) The Director may designate by name those persons
employed by the owner of an aerial ropeway who may exercise the
powers conferred on a designated employee by sections 23C and
23D. and may at any time revoke a designation so made.





(2) The Director shall issue to every designated employee
a card bearing the name and photograph of such employee and a
statement signed by the Director certifying that such employee
is authorized to exercise the powers conferred on a designated
employee by sections 23C and 23D.

(3) A card purporting to be issued under subsection (2) and to
be signed by the Director shall, without further proof and until the
contrary is proved, be evidence of the matters contained therein in
any proceedings or otherwise.

(4) A designated employee shall produce his card for inspec-
tion by any person who questions his authority to exercise the
powers in sections 23C and 23D.

(5) A person who ceases to be a designated employee shall
forthwith deliver up his card to a person authorized by the Director
to receive it.

23F. (1) The owner of an aerial ropeway shall prominently
display notices in English and Chinese containing a summary of
sections 23A and 23C and the penalties which may be imposed for a
contravention of those sections.

(2) The form, contents and location of the notices shall be
approved by the Director.
(Part IIIA Added, 37 of 1981, s. 16)

PART IV

APPEALS

24. (1) If the person installing an aerial ropeway or the owner
of an aerial ropeway is aggrieved by any requirement or direction
made, or the withholding of any consent or approval, by the
Director under this Ordinance the owner may appeal by petition to
the Governor in Council.

(2) Save where the Governor in Council other-wise directs,
when any such appeal has been made, no such requirement or
direction, other than a requirement under section 18 or 19 to close or
partially close the aerial ropeway, shall be enforced until the decision
of the Governor in Council on the appeal is made.
(3) The decision of the Governor in Council on any such
appeal shall be final.

PART V

RECORDS AND INFORMATION

25. (1) The owner of an aerial ropeway shall maintain such
plans, records and documents relating to the ropeway and the use
and operation thereof as may be required by the Director or as may
be prescribed by regulations.





(2) The owner of an aerial ropeway shall permit the Director to
inspect and copy all such plans, records and documents kept by the
owner in connexion therewith, and the owner shall afford facilities for
such inspection or copying as may from time to time be reasonably
required by the Director.

26. For the purpose of enabling the Director to ascertain any
arrangements which are made or are about to be made by the owner of
an aerial ropeway for the fulfilment of the owner's obligations under this
Ordinance, the owner shall, on the request of the Director forthwith
furnish him with such information as to the operation or maintenance of
the aerial ropeway or any building, structure, machinery, equipment or
plant connected therewith as he may require.

PART VI

OFFENCES AND PENALTIES

27. (1) Any person who-

(a) contravenes section 6, 9, 10(1), 16, 17(1), 18(2), 18(3), 19( 1

19(3) 20(1), 21, 22(3), 23A, 23B, 23E(5), 23F(I) or 25: or

(b)fails, without reasonable excuse, to comply with a requirement
of the Director under section 17(2), 17(4), 18(1). 19(2), 25 or 26
or to comply with a direction given to him under section 10(2)
or 12(2) or a signal or direction given to him under section 23C,

commits an offence against that section and is liable to the penalty set
out in the 2nd, 3rd and 4th columns of the Schedule opposite the
reference to that section in the 1st column thereof.

(2) Any person who obstructs-

(a)the Director or any public officer in the exercise of his powers
under section 13 or 23; or

(b)any designated employee in the exercise of his powers under
section 23D,

commits an offence and is liable to a fine of $10.000 and to imprisonment
for 6 months.

(Replaced, 37 of 1981, s. 17)

27A. (1) Where the Director requires or directs that anything be
done under any of the provisions mentioned in section 27())(h) he shall
make the requirement or give the direction by notice in writing, and shall
in the notice specify a period within which the requirement or direction
is to be complied with.

(2) No person shall be held to have failed to comply with any such
requirement or direction until the expiration of the period so specified or
such further period as the Director may allow.





(3) Without limiting subsection (1), every determination,
specification, requirement, approval, permission or consent to be given
or made by the Director under this Ordinance or any regulations made
thereunder shall be given or made in writing.

(Added, 37 of 1981, s. 17)

27B. Where an offence under this Ordinance has been committed
by a body corporate, any person who at the time of commission of the
offence was a director, manager, secretary or other similar officer
thereof, or who was purporting to act in any such capacity, shall also be
guilty of such offence unless he proves that the offence was committed
without his consent or connivance, and that he exercised all such
diligence to prevent the commission of the offence as he ought to have
exercised having regard to the nature of his functions in that capacity
and to all the circumstances.

(Added, 37 of 1981, s. 17)

PART VII

MISCELLANEOUS

28. (1) The Governor in Council may by regulation provide for-
(Amended, 37 of 1981, s. 18)

(a)the manner of making application for and granting of approval
of plans of installation works, specifications, calculations and
the method and programme of installation, and the granting of
approval to commence operation of an aerial ropeway;

(b)the design, manufacture and installation of aerial ropeways
including

(i) the properties and design strength of materials to be
used;

(ii) track and section, gradients and deviations;

(iii) the support of cables;

(iv) the distance of carriers and cables from the ground, and
lateral clearances,

(y) profile of free space;

(vi) passage above buildings;

(vii) alignment of cables and crossing of other tracks; (viii)
speed;

(ix) rescue equipment;

(x) cables;

(xi) drives and brakes;

(xii) safety devices;

(xiii) signalling and communication;

(xiv) anchorages and tensioning devices;

(xv) pylon equipment;







(xvi) carriers;

(xvii) carriages, clamps and attachments,





(xviii) stations and pylons;

(xix) testing; and

(xx) calculations;

(c)the operation, maintenance and examination of aerial ropeways
including

(i) empowering the Director to approve persons who may be
employed in the operation and maintenance of aerial
ropeways;

(ii) examinations and tests;

(iii) records and logs; and

(iv) reports of accidents and investigations thereof.,

(d)the safety of persons using or being in the vicinity of, or
employed in the operation and maintenance of, aerial ropeways
(Amended, 37 of 1981, s. 18)

(e)the prevention and abatement of nuisances arising from the
use and operation of an aerial ropeway;

the abatement of fire hazards in relation to an aerial ropeway;

(g)the illumination or marking of an aerial ropeway, including any
cables or pylons used in connexion therewith;

(h)the number of persons who may be carried on an aerial
ropeway at any one time,

(i)what are major alterations to an aerial ropeway for the
purposes of this Ordinance;

fees;

(k) forms; and

(4 the better carrying into effect of this Ordinance.

(2) Regulations under this section may provide that a
contravention of any specified provision shall be an offence and may
prescribe a penalty therefor not exceeding a fine of 550,000 and
imprisonment for 2 years, and in the case of a continuing offence, a
further fine of $1,000 for each day on which the offence continues.
(Added, 37 of 1981, s. 18)

(3) Where regulations under this section impose any requirement or
obligation upon any person employed by the owner of an aerial ropeway
to be in charge of the aerial ropeway or in the control, operation or
maintenance of the ropeway, the regulations may make the following
provisions

(a)that the owner shall cause the requirement or obligation to be
complied with;

(b)that, if it is not complied with and the owner does not
exculpate himself, the owner commits an offence (whether or
not any other person is also convicted of the offence) and is
liable to such penalty as may be provided for in the
regulations;





(e)that in order to exculpate himself as provided in paragraph (b)
the owner must satisfy the court that he took all such
precautions to prevent the non-compliance as the court
considers reasonable in the circumstances. (Added, 37 qf
1981,s. 18)

29. The Director may exempt any aerial ropeway from all or any
provision of this Ordinance or the Code subject to such conditions as
he thinks fit.

30. Nothing in this Ordinance shall derogate from the Buildings
Ordinance.

31. No liability shall rest upon the Crown or upon any public officer
by reason of the fact that any aerial ropeway is subject to examination or
to testing by a public officer under this Ordinance or the carrying out of
any other work by a public officer pursuant to this Ordinance.

SCHEDULE [s. 27.1

PENALTIES FOR OFFENCES

Additional
Period of for each day

SectionAmount qf' on which the
,fine imprisonmentoffence
continues
6 510,000 6 months S 100
9 510,000 6 months 5 100
10(1) 550,000 2 years 51,000
10(2) $50,000 2 years 51,000
12(2) $50,000 2 years S 1 000
16 510,000 6 months S 100
17(1) 450,000 2 years 51,000
17(2) $50,000 2 years $1,000
17(4) $50,000 2 years $1,000
18(1) $10,000 6 months W0
18(2) S 5,000
[8(3) $10,000 6 months 5 100
19(1) $50,000 2 years S1.000
19(2) 550,000 2 years 51,000
19(3) 5 5,000
20(1) $10,000 6 months 5 100
21 $10,000 6 months
22(3) $50,000 2 years S1,000
23A $10,000 2 years
23B 5,000 6 months
23C 5,000 6 months
23E(5) 5,000

23F(I) 5,000 S 50
25 510,000 6 months
26 $10,000 6 months

(Added, 3 7 of' 198 1, s. 19)
Originally 19 of 1976. 37 of 1981. Short title. Interpretation. Application. Power of Governor to give directions to Director. Application of Code of Practice. Start of installation. Plans etc. Information as to method of installation. Installation not to carry out until plans etc. approved. Aerial ropeway to be installed in accordance with plans, etc. Prohibition on passage over buildings. Obstruction. Power to enter and inspect. Approval of plans etc. not to confer title to land, etc. Approval required before aerial ropeway can operate. Aerial ropeway to be maintained in condition. Closure of aerial ropeway for repairs or alterations. Closure of aerial ropeway for safety reasons. Control and safety of aerial ropeway. Prohibition on alterations to aerial ropeway without permission. Examination and testing of aerial ropeways to which major alterations have been made. Power to enter and inspect. Offence to endanger safety of persons using or being near aerial ropeway. Trespassing on aerial ropeway. Power of designated employees to give directions. Power of designated employee to arrest. (Cap. 232.) Director may designate employees for purpose of sections 23C and 23D. Owner to exhibit notices of prohibited conduct. Appeals. Records. Information to be supplied by owner of aerial ropeway. Offences and penalties. Schedule. Director's requirements etc. to be made in writing. Liability for offences by body corporate. Regulations. Exemptions. Ordinance not to derogate from Buildings Ordinance. (Cap. 123.) Limitation of public liability.

Originally 19 of 1976. 37 of 1981. Short title. Interpretation. Application. Power of Governor to give directions to Director. Application of Code of Practice. Start of installation. Plans etc. Information as to method of installation. Installation not to carry out until plans etc. approved. Aerial ropeway to be installed in accordance with plans, etc. Prohibition on passage over buildings. Obstruction. Power to enter and inspect. Approval of plans etc. not to confer title to land, etc. Approval required before aerial ropeway can operate. Aerial ropeway to be maintained in condition. Closure of aerial ropeway for repairs or alterations. Closure of aerial ropeway for safety reasons. Control and safety of aerial ropeway. Prohibition on alterations to aerial ropeway without permission. Examination and testing of aerial ropeways to which major alterations have been made. Power to enter and inspect. Offence to endanger safety of persons using or being near aerial ropeway. Trespassing on aerial ropeway. Power of designated employees to give directions. Power of designated employee to arrest. (Cap. 232.) Director may designate employees for purpose of sections 23C and 23D. Owner to exhibit notices of prohibited conduct. Appeals. Records. Information to be supplied by owner of aerial ropeway. Offences and penalties. Schedule. Director's requirements etc. to be made in writing. Liability for offences by body corporate. Regulations. Exemptions. Ordinance not to derogate from Buildings Ordinance. (Cap. 123.) Limitation of public liability.

https://oelawhk.lib.hku.hk/items/show/2862

THEFT ORDINANCE

LAWS OF HONG KONG

THEFT ORDINANCE

CHAPTER 210





CHAPTER 210

THEFT ORDINANCE

ARRANGEMENT OF SECTIONS

Section

PRELIMINARY

1. Short title and application ... ... ... ... ... ... ...

2. Basic definition of theft....... ... ... ... ... ... ...

3. 'Dishonestly' .............................. ... ... ... ... ... ... 3

4. 'Appropriates .......................... ... ... ... ... ... ... ... ... 3

5. 'Property .......................... ... ... ... ... ... ... ... ... ... 4

6. 'Belonging to another'...................... ... ... ... ... ... ... ... 5

7. 'With the intention of permanently depriving the other of it ... ... ... ... 5

8. Other definitions........................... ... ... ... ... ... ... 5

THEFT, ROBBERY, BURGLARY, ETC.

9. Theft ...................................... ... ... ... ... ... ... ... 6
10. Robbery .................................... ... ... ... ... ... ... ... 6
11. Burglary ................................... ... ... ... ... ... ... ... 6

12. Aggravated burglary .................. ... ... ... ... ... ... ... ... 6

13. Removal of articles from places open to the public ... ... ... ... ... ... 7

14. Taking conveyance without authority ........ ... ... ... ... ... ... 7

15. Abstracting of electricity ................. ... ... ... ... ... ... ... 8

16. Dishonest use of public telephone or telex system ... ... ... ... ... 8

FRAUD AND BLACKMAIL

17. Obtaining property by deception ............ ... ... ... ... ... ... 8

18. Obtaining pecuniary advantage by deception ... ... ... ... ... ... ... 9

18A..................Obtaining services by deception ... ... ... ... ... ... ... ... ... ... 10
18B..................Evasion of liability by deception ... ... ... ... ... ... ... ... ... ... 10
18C..................Making off without payment ... ... ... ... ... ... ... ... ... ... 11

18D.......................Procuring false entry in certain records ... ... ... ... ... ... ... ... 11

19. False accounting ........................... ... ... ... ... ... ... ... 12

20. Liability of company officers for certain offences by company ... ... ... ... 12
21. False statements by company directors, etc. 12

22. Suppression, etc. of documents ... ... ... ... ... ... ... ... ... ... ... 13
23. Blackmail ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13

OFFENCES RELATING TO GOODS STOLEN, ETC.
24. Handling stolen goods ... ... ... ... ... ... ... ... ... ... ... ... ... 14
25. Advertising rewards for return of goods stolen or lost ... ... ... ... ... ... 14







26. Scope of offences relating to stolen goods ... ... ... ... ... ... ... ... ... 14

POSSESSION OF HOUSEBREAKING IMPLEMENTS, ETC.
27. Going equipped for stealing, etc. ... ... ... ... ... ... ... ... ... ... 15





Section Page

ENFORCEMENT AND
PROCEDURE

28. Search for stolem goods ... ...
... ... ... ... ... ... ... ... ... ... 15

29. Evidence and procedure on charge of theft, handling stolen goods, and
obtaining

by deception ... ... ... ... ... ... ... ... ... ... ... ... ... ... 16
30. Orders for restitution ... ... ... ... ... ... ... ... ... ... ... ... 18

GENERAL AND CONSEQUENTIAL
PROVISIONS

31. Husband and wife ... ... ... ... ... ... ... ... ... ... ... ... 19

32. Verdict ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 20

33. Effect on civil proceedings and rights ... ...
... ... ... ... ... ... 20

34. Effect on existing law and construction of references to offences ... ...
21

35. Transitional provisions ... ... ... ... ... ... ... ... ... ... ... ... 21

Schedule. Alternative verdicts ... ... ... ... ... ... ... ... ... ... ... ... ... 22





CHAPTER 210

THEFT

To revise the law as to theft and similar or associated offences, and in
connexion therewith to make provision as to criminal
proceedings by one party to a marriage against the other; and for
other purposes connected therewith.

[1 September 1970.]

PRELIMINARY

1. (1) This Ordinance may be cited as the Theft Ordinance.

(2) Save as otherwise provided by this Ordinance, this Ordinance
shall have effect only in relation to offences wholly or partly committed
on or after the commencement thereof.

2. (1) A person commits theft if he dishonestly appropriates
property belonging to another with the intention of permanently
depriving the other of it; and 'thief' and 'steal' shall be construed
accordingly.

(2) It is immaterial whether the appropriation is made with a view to
gain, or is made for the thief's own benefit.

(3) Sections 3 to 7 shall have effect as regards the interpretation
and operation of this section (and except as otherwise provided by this
Ordinance shall apply only for purposes of this section).

3. (1) A person's appropriation of property belonging to another is
not to be regarded as dishonest-

(a)if he appropriates the property in the belief that he has in law
the right to deprive the other of it. on behalf of himself or of a
third person; or

(b)if he appropriates the property in the belief that he would
have the other's consent if the other knew of the appropriation
and the circumstances of it; or

(c)(except where the property came to him as trustee or personal
representative) if he appropriates the property in the belief
that the person to whom the property belongs cannot be
discovered by taking reasonable steps.

(2) A person's appropriation of property belonging to another may
be dishonest notwithstanding that he is willing to pay for the property.

4. (1) Any assumption by a person of the rights of an owner
amounts to an appropriation, and this includes, where he has come by
the property (innocently or not) without stealing it, any later assumption
of a right to it by keeping or dealing with it as owner.





(2) Where property or a right or interest in property is or purports
to be transferred for value to a person acting in good faith, no later
assumption by him of rights which he believed himself to be acquiring
shall, by reason of any defect in the transferor's title, amount to theft of
the property.

5. (1) 'Property' includes money and all other property, real and
personal, including things in action and other intangible property.

(2) A person cannot steal land, or things forming part of land and
severed from it by him or by his directions, except in the following
cases, that is to say

(a)when he is a trustee or personal representative, or is
authorized by power of attorney, or as liquidator of a
company, or otherwise, to sell or dispose of land belonging to
another, and he appropriates the land or anything forming part
of it by dealing with it in breach of the confidence reposed in
him; or

(b)when he is not in possession of the land and appropriates
anything forming part of the land by severing it or causing it
to be severed, or after it has been severed; or

(e)when, being in possession of the land under a tenancy, he
appropriates the whole or part of any fixture or structure let to
be used with the land.

(3) For the purposes of subsection (2)-

'land' does not include incorporeal hereditaments;

'tenancy' means a tenancy for years or for any less period and includes
an agreement for such a tenancy, but a person who after the end of
a tenancy remains in possession by virtue of any Ordinance or
otherwise is to be treated as having possession under the tenancy,
and 'let' shall be construed accordingly.

(4) A person who picks mushrooms growing wild on any land, or
who picks flowers, fruit or foliage from a plant growing wild on any land,
does not (although not in possession of the land) steal what he picks,
unless he does it for reward or for sale or other commercial purpose.

(5) For the purposes of subsection (4) 'mushroom' includes any
fungus, and'plant' includes any shrub or tree.

(6) Wild creatures, tamed or untamed, shall be regarded as
property; but a person cannot steal a wild creature not tamed nor
ordinarily kept in captivity, or the carcass of any such creature, unless
either it has been reduced into possession by or on behalf of another
person and possession of it has not since been lost or abandoned, or
another person is in course of reducing it into possession.





6. (1) Property shall be regarded as belonging to any person
having possession or control of it, or having in it any proprietary right
or interest (not being an equitable interest arising only from an
agreement to transfer or grant an interest).

(2) Where property is subject to a trust, the person to whom it
belongs shall be regarded as including any person having a right to
enforce the trust, and an intention to defeat the trust shall be regarded
accordingly as an intention to deprive of the property any person
having that right.

(3) Where a person receives property from or on account of
another, and is under an obligation to the other to retain and deal with
that property or its proceeds in a particular way, the property or its
proceeds shall be regarded (as against him) as belonging to the other.

(4) Where a person gets property by another's mistake, and is
under an obligation to make restoration (in whole or in part) of the
property or its proceeds or of the value thereof, then to the extent of
that obligation the property or its proceeds shall be regarded (as against
him) as belonging to the person entitled to restoration, and an intention
not to make restoration shall be regarded accordingly as an intention to
deprive that person of the property or proceeds.

(5) Property of a corporation sole shall be regarded as belonging to
the corporation notwithstanding a vacancy in the corporation.

7. (1) A person appropriating property belonging to another
without meaning the other permanently to lose the thing itself is
nevertheless to be regarded as having the intention of permanently
depriving the other of it if his intention is to treat the thing as his own to
dispose of regardless of the other's rights; and a borrowing or lending
of it may amount to so treating if, but only if, the borrowing or lending
of it is for a period and in circumstances making it equivalent to an
outright taking or disposal.

(2) Without prejudice to the generality of subsection (1), where a
person, having possession or control (lawfully or not) of property
belonging to another, parts with the property under a condition as to its
return which he may not be able to perform, this (if done for purposes of
his own and without the other's authority) amounts to treating the
property as his own to dispose of regardless of the other's rights.

8. (1) Section 5(1) and section 6(1) shall apply generally for the
purposes of this Ordinance as they apply for the purposes of section 2.

(2) For the purposes of this Ordinance

'gain' and 'loss' are to be construed as extending only to gain or loss
in money or other property, but as extending to any such gain or
loss whether temporary or permanent; and





(a)'gain' includes a gain by keeping what one has, as well as a
gain by getting what one has not; and

(b)'loss' includes a loss by not getting what one might get, as
well as a loss by parting with what one has;

'goods' except in so far as the context otherwise requires, includes
money and every other description of property except land, and
includes things severed from the land by stealing.

THEFT, ROBBERY, BURGLARY, ETC.

9. Any person who commits theft shall be guilty of an offence
and shall be liable on conviction upon indictment to imprisonment
for 10 years.

10. (1) A person commits robbery if he steals, and imme-
diately before or at the time of doing so, and in order to do so, he
uses force on any person or puts or seeks to put any person in fear
of being then and there subjected to force.

(2) Any person who commits robbery, or an assault with
intent to rob, shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for life.

11. (1) A person commits burglary if-

(a)he enters any building or part of a building as a trespasser
and with intent to commit any such offence as is mentioned
in subsection (2); or

(b)having entered any building or part of a building as a
trespasser he steals or attempts to steal anything in the
building or that part of it or inflicts or attempts to inflict on
any person therein any grievous bodily harm.

(2) The offences referred to in subsection (1)(a) are-

(a)stealing anything in the building or part of a building in
question;

(b)inflicting on any person therein any grievous bodily harm
or raping any woman therein; and

(e) doing unlawful damage to the building or anything therein.

(3) References in subsections (1) and (2) to a building shall
apply also to an inhabited vehicle or vessel, and shall apply to any
such vehicle or vessel at times when the person having a habitation
in it is not there as well as at times when he is.

(4) Any person who commits burglary shall be guilty of an
offence and shall be liable on conviction upon indictment to im-
prisonment for 14 years.

12. (1) A person commits aggravated burglary if he commits
any burglary and at the time has with him any firearm or imitation
firearm, any weapon of offence, or any explosive.





(2) For the purposes of subsection (1)

'firearm' includes an airgun or air pistol;

'imitation firearm' means anything which has the appearance of being a
firearm, whether capable of being discharged or not;

weapon of offence' means any article made or adapted for use for
causing injury to or incapacitating a person, or intended by the
person having it with him for such use;

'explosive' means any article manufactured for the purpose of
producing a practical effect by explosion, or intended by the person
having it with him for that purpose.

(3) Any person who commits aggravated burglary shall be guilty of
an offence and shall be liable on conviction upon indictment to
imprisonment for life.

13. (1) Subject to subsections (3) and (4), where the public have
access to a building in order to view the building or part of it or a
collection housed in it, any person who without lawful authority
removes from the building or its grounds the whole or part of any article
displayed or kept for display to the public in the building or that part of
it or in its grounds, shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 5 years.

(2) For the purposes of subsection (1)

'collection' includes a collection got together for a temporary purpose,
but references in this section to a collection do not apply to a
collection made or exhibited for the purpose of effecting sales or
other commercial dealings.

(3) It is immaterial for the purposes of subsection (1) that the
public's access to a building is limited to a particular period or particular
occasion; but where anything removed from a building or its grounds is
there otherwise than as forming part of, or being on loan for exhibition
with, a collection intended for permanent exhibition to the public, the
person removing it does not thereby commit an offence under this
section unless he removes it on a day when the public have access to
the building as mentioned in subsection (1).

(4) A person does not commit an offence under this section if he
believes that he has lawful authority for the removal of the thing in
question or that he would have it if the person entitled to give it knew of
the removal and the circumstances of it.

14. (1) Subject to subsections (2) and (3), any person who, without
having the consent of the owner or other lawful authority, takes any
conveyance for his own or another's use, or knowing that any
conveyance has been taken without such authority, drives it or allows
himself to be carried on or in it, shall be guilty of an offence and shall be
liable on conviction upon indictment to imprisonment for 3 years.





(2) Subsection (1) shall not apply in relation to pedal cycles or
rickshaws, but, subject to subsection (3), any person who, without
having the consent of the owner or other lawful authority, takes a
pedal cycle or rickshaw for his own or another's use, or rides a pedal
cycle or rickshaw knowing it to have been taken without such au-
thority, shall be guilty of an offence and shall be liable on conviction
to a fine of $500.

(3) A person does not commit an offence under this section by
anything done in the belief that he has lawful authority to do it or
that he would have the owner's consent if the owner knew of his
doing it and the circumstances of it.

(4) For the purposes of this section-

'conveyance' means any conveyance constructed or adapted for the
carriage of a person whether by land, water or air, except that it
does not include a conveyance constructed or adapted for use
only under the control of a person not carried in or on it, and
'drive' shall be construed accordingly; and

,,owner' in relation to a conveyance which is the subject of a hiring
agreement or hire-purchase agreement means the person in
possession of the conveyance under that agreement.

15. Any person who dishonestly uses without due authority, or
dishonestly causes to be wasted or diverted, any electricity shall be
guilty of an offence and shall be liable on conviction upon indict-
ment to imprisonment for 5 years.

16. Any person who dishonestly uses a public telephone or
telex system with intent to avoid payment shall be guilty of an
offence and shall be liable on conviction to imprisonment for 2
years.

FRAUD AND BLACKMAIL

17. (1) Any person who by any deception (whether or not
such deception was the sole or main inducement) dishonestly
obtains property belonging to another, with the intention of per-
manently depriving the other of it, shall be guilty of an offence and
shall be liable on conviction upon indictment to imprisonment for
10 years.

(2) For the purposes of this section a person is to be treated as
obtaining property if he obtains ownership, possession or control of
it, and 'obtain' includes obtaining for another or enabling another
to obtain or to retain.

(3) Section 7 shall apply for the purposes of this section, with
the necessary adaptation of the reference to appropriating as it
applies for the purposes of section 2.





(4) For the purposes of this section-

'deception' means any deception (whether deliberate or reckless) by
words or conduct as to fact or as to law, including a deception
relating to the past, the present or the future and a deception as
to the intentions or opinions of the person using the deception
or any other person.

18. (1) Any person who by any deception (whether or not
such deception was the sole or main inducement) dishonestly
obtains for himself or another any pecuniary advantage shall be
guilty of an offence and shall be liable on conviction upon indict-
ment to imprisonment for 10 years.

(2) The cases in which a pecuniary advantage within the
meaning of this section is to be regarded as obtained for a person
are cases where-
(a)he is granted by a bank or deposit-taking company, or any
subsidiary thereof the principal business of which is the
provision of credit-
(i) a credit facility or credit arrangement;
(ii) an improvement to, or extension of, the terms of a
credit facility or credit arrangement; or
(iii) a credit to, or a set off against, an account,
whether any such credit facility, credit arrangement or
account-

(A) is in his name or the name of another person; or
(B)is legally enforceable or not; (Added, 46 of
1986, s. 2)

(b)he is allowed to borrow by way of overdraft, or to take out
any policy of insurance or annuity contract, or obtains an
improvement on the terms on which he is allowed to do so,
whether any such overdraft, policy of insurance or annuity
contract-
(i) is in his name or the name of another person; or
(ii) is legally enforceable or not; or (Replaced, 46 of
1986, s. 2)

(c)he is given the opportunity to earn remuneration or greater
remuneration in an office or employment, or to win money
by betting.

(3) For the purposes of this section-

'bank' means-
(a)a bank within the meaning of section 2(1) of the Banking
Ordinance; and

(b) a bank-
(i) incorporated by or under the law or other authority
in any place outside Hong Kong, and in this respect
'incorporated' includes established; and





(ii) which is not licensed under section 16 of the Banking
Ordinance;

'deception' has the same meaning as in section 17;

'deposit-taking company' has the same meaning as in section 2(1) of
the Banking Ordinance;

'subsidiary' has the same meaning as in the Companies Ordinance.

(Replaced, 46 of 1986, s. 2)

18A. (1) A person who by any deception (whether or not such
deception was the sole or main inducement) dishonestly obtains
services from another shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 10 years.

(2) It is an obtaining of services where the other is induced to
confer a benefit by doing some act, or causing or permitting some act to
be done, on the understanding that the benefit has been or will be paid
for.

(3) For the purposes of this section, 'deception' has the same
meaning as in section 17.

(Added, 45 of 1980, s. 3)

18B. (1) Subject to subsection (2), where a person by any
deception (whether or not such deception was the sole or main
inducement)

(a)dishonestly secures the remission of the whole or part of any
existing liability to make a payment, whether his own liability or
another's

(b)with intent to make default (whether the default is permanent or
otherwise) in whole or in part on any existing liability to make a
payment, or with intent to let another do so, dishonestly
induces the creditor or any person claiming payment on behalf
of the creditor to wait for payment (whether or not the due date
for payment is deferred) or to forgo payment; or

(c)dishonestly obtains any exemption from or abatement of
liability to make a payment,

he shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 10 years.

(2) For the purposes of this section 'liability' means legally
enforceable liability; and subsection (1) shall not apply in relation to a
liability that has not been accepted or established to pay compensation
for a wrongful act or omission.

(3) For the purposes of subsection (1)(b) a person induced to take
in payment a cheque or other security for money by way of conditional
satisfaction of a pre-existing liability is to be treated not as being paid
but as being induced to wait for payment.





(4) For the purposes of subsection (1)(c) 'obtains' includes
obtaining for another or enabling another to obtain.

(5) For the purposes of this section, 'deception' has the same
meaning as in section 17.

(Added, 45 of 1980, s. 3)

18C. (1) Subject to subsection (3), a person who, knowing that
payment on the spot for any goods supplied or service done is required
or expected from him, dishonestly makes off without having paid as
required or expected and with intent to aviod payment of the amount
due shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 3 years.

(2) For the purposes of this section 'payment on the spot'
includes payment at the time of collecting goods on which work has
been done or in respect of which service has been provided.

(3) Subsection (1) shall not apply where the supply of the goods or
the doing of the service is contrary to law, or where the service done is
such that payment is not legally enforceable.

(Added, 45 of 1980, s. 3)

18D. (1) Any person who dishonestly, with a view to gain for
himself or another or with intent to cause loss to another, by any
deception (whether or not such deception was the sole or main
inducement) procures the making, omission, altering, abstracting,
concealing or destruction of an entry in a record of a bank or deposit-
taking company, or any subsidiary thereof the principal business of
which is the provision of credit, shall be guilty of an offence and shall
be liable on conviction upon indictment to imprisonment for 10 years.

(2) For the purposes of this section-

'bank' means

(a)a bank within the meaning of section 2(1) of the Banking
Ordinance; and

(b) a bank-

(i) incorporated by or under the law or other authority in
any place outside Hong Kong, and in this respect
'incorporated' includes established; and

(ii) which is not licensed under section 16 of the Banking
Ordinance;

'deception' has the same meaning as in section 17;

'deposit-taking company' has the same meaning as in section 2(1) of
the Banking Ordinance;

record' includes-

(a)any document or record used in the ordinary business of a
bank or deposit-taking company, or any subsidiary thereof
the principal business of which is the provision of credit; and





(b)any document or record so used which is kept otherwise than
in a legible form and is capable of being reproduced in a
'subsidiary', has the same meaning as in the Companies Ordinance.
(Added, 46 of 1986, s. 3)

19. (1) Where a person dishonestly, with a view to gain for himself
or another or with intent to cause loss to another

(a)destroys, defaces, conceals or falsifies any account or any
record or document made or required for any accounting
purpose; or

(b)in furnishing information for any purpose produces or makes
use of any account, or any such record or document as
aforesaid, which to his knowledge is or may be misleading,
false or deceptive in a material particular,

he shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 10 years. (Amended, 46 of 1986, s. 4)

(2) For the purposes of this section a person who makes or concurs
in making in an account or other document an entry which is or may be
misleading, false or deceptive in a material particular, or who omits or
concurs in omitting a material particular from an account or other
document, is to be treated as falsifying the account or document.

20. (1) Where an offence committed by a body corporate under
section 17, 18, ]8A, 18B, 18D,, 19 or 22(2) is proved to have been
committed with the consent or connivance of any director, manager,
secretary or other similar officer of the body corporate, or any person
who was purporting to at in any such capacity, he as well as the body
corporate shall be guilty of that offence, and shall be liable to be
proceeded against and punished accordingly. (Amended, 45 of 1980, s. 4
and 46 qf 1986, s. 5)

(2) Where the affairs of a body corporate are managed by its
members, this section shall apply in relation to the acts and defaults of a
member in connexion with his functions of management as if he were a
director of the body corporate.

21. (1) Where an officer of a body corporate or unincorporated
association (or person purporting to act as such) with intent to deceive
members or creditors of the body corporate or association about its
affairs, publishes or concurs in publishing a written statement or
account which to his knowledge is or may be misleading, false or
deceptive in a material particular, he shall be guilty of an ofrence and
shall be liable on conviction upon indictment to imprisonment for 10
years. (Amended, 13 of 1974, s. 9 and 46 of 1986, s. 6)





(2) For the purposes of this section a person who has entered
into a security for the benefit of a body corporate or association is to
be treated as a creditor of it.

(3) Where the affairs of a body corporate or association are
managed by its members, this section shall apply to any statement
which a member publishes or concurs in publishing in connexion
with his functions of management as if he were an officer of the body
corporate or association.

22. (1) Any person who dishonestly, with a view to gain for
himself or another or with intent to cause loss to another, destroys,
defaces or conceals any valuable security, any will or other testa-
mentary document or any original document of or belonging to, or
filed or deposited in, any court or any government department shall
be guilty of an offence and shall be liable on conviction upon indict-
ment to imprisonment for 10 years. (Amended, 46 of 1986, s. 7)

(2) Any person who dishonestly, with a view to gain for
himself or another or with intent to cause loss to another, by any
deception (whether or not such deception was the sole or main
inducement) procures the execution of a valuable security shall be
guilty of an offence and shall be liable on conviction upon indict-
ment to imprisonment for 10 years. (Amended, 46 of 1986, s. 7)

(3) Subsection (2) shall apply in relation to the making,
acceptance, indorsement, alteration, cancellation or destruction in
whole or in part of a valuable security, and in relation to the signing
or sealing of any paper or other material in order that it may be
made or converted into, or used or dealt with as a valuable security,
as if that were the execution of a valuable security.

(4) For the purposes of this section-

'deception' has the same meaning as in section 17; and

'valuable security' means any document creating, transferring,
surrendering, or releasing any right to, in or over property, or
authorizing the payment of money or delivery of any property,
or evidencing the creation, transfer, surrender or release of any
such right, or the payment of money or delivery of any prop-
erty, or the satisfaction of any obligation.

23. (1) A person commits blackmail if, with a view to gain for
himself or another or with intent to cause loss to another, he makes
any unwarranted demand with menaces; and for this purpose a
demand with menaces is unwarranted unless the person making it
does so in the belief---

(a)that he has reasonable grounds for making the demand;
and

(b)that the use of the menaces is a proper means of reinforcing
the demand.





(2) The nature of the act or omission demanded is immaterial,
and it is also immaterial whether the menaces relate to action to be
taken by the person making the demand.

(3) Any person who commits blackmail shall be guilty of an
offence and shall be liable on conviction upon indictment to im-
prisonment for 14 years.

(4) Any person who has in his possession or under his control
any letter or writing making any unwarranted demand of any person
with menaces shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 10 years.

(5) A person does not commit an offence under subsection (4)
if he proves that he had the letter or writing in his possession or
control otherwise than with intent to utter it.

OFFENCES RELATING TO GOODS STOLEN, ETC.

24. (1) A person handles stolen goods if (otherwise than in
the course of the stealing) knowing or believing them to be stolen
goods he dishonestly receives the goods, or dishonestly undertakes
or assists in their retention, removal, disposal or realization by or for
the benefit of another person, or if he arranges to do so.

(2) Any person who handles stolen goods shall be guilty of an
offence and shall be liable on conviction upon indictment to im-
prisonment for 14 years.

25. Where any public advertisement of a reward for the return
of any goods which have been stolen or lost uses any words to the
effect that no questions will be asked, or that the person producing
the goods will be safe from apprehension or inquiry, or that any
money paid for the purchase of the goods or advanced by way of
loan on them will be repaid, the person advertising the reward and
any person who prints or publishes the advertisement shall be guilty
of an offence and shall be liable on conviction to a fine of $2,000.

26. (1) The provisions of this Ordinance relating to goods
which have been stolen shall apply whether the stealing occurred in
Hong Kong or elsewhere, and whether it occurred before or after the
commencement of this Ordinance, provided that the stealing (if not
an offence under this Ordinance) amounted to an offence where and
at the time when the goods were stolen; and references to stolen
goods shall be construed accordingly.

(2) For the purposes of those provisions references to stolen
goods shall include, in addition to the goods originally stolen and
parts of them (whether in their original state or not)-

(a)any other goods which directly or indirectly represent or
have at any time represented the stolen goods in the hands
of the thief as being the proceeds of any disposal or reali-
zation of the whole or part of the goods stolen or of goods
so representing the stolen goods; and





(b)any other goods which directly or indirectly represent or have
at any time represented the stolen goods in the hands of a
handler of the stolen goods or any part of them as being the
proceeds of any disposal or realization of the whole or part of
the stolen goods handled by him or of goods so representing
them.

(3) No goods shall be regarded as having continued to be stolen
goods after they have been restored to the person from whom they were
stolen or to other lawful possession or custody, or after that person and
any other person claiming through him have otherwise ceased as
regards those goods to have any right to restitution in respect of the
theft.

(4) For the purposes of the provisions of this Ordinance relating to
goods which have been stolen (including subsections (1) to (3) ) goods
obtained in Hong Kong or elsewhere either by blackmail or in the
circumstances described in section 17(1) shall be regarded as stolen;
and 'steal', 'theft' and 'thief' shall be construed accordingly.

POSSESSION OF HOUSEBREAKING IMPLEMENTS,
ETC.

27. (1) Any person who, when not at his place of abode, has with
him any article for use in the course of or in connexion with any
burglary, theft or cheat shall be guilty of an offence and shall be liable
on conviction upon indictment to imprisonment for 3 years.

(2) Where a person is charged with an offence under this section,
proof that he had with him any article made or adapted for use in
committing a burglary, theft or cheat shall be evidence that he had it
with him for such use.

(3) For the purposes of this section an offence under section 14 of
taking a conveyance shall be treated as theft, and 'cheat' means an
offence under section 17.

ENFORCEMENT AND
PROCEDURE

28. (1) If it is made to appear by information on oath before a
magistrate that there is reasonable cause to believe that any person has
in his custody or possession or on his premises any stolen goods, the
magistrate may grant a warrant to search for and seize the same.

(2) A police officer not below the rank of Superintendent may give
any police officer written authority to search any premises for stolen
goods

(a)if the person in occupation of the premises has been
convicted within the preceding 5 years of handling stolen
goods or of any offence involving dishonesty and
punishable with imprisonment; or





(b)if a person who has been convicted within the preceding 5
years of handling stolen goods has within the preceding 12
months been in occupation of the premises.

(3) Where under this section a person is authorized to search
premises for stolen goods, he may enter and search the premises
accordingly, and may seize any goods he believes to be stolen goods.

(4) Section 102 of the Criminal Procedure Ordinance (which makes
provision for the disposal of property connected with offences) shall
apply to property which has come into the possession of the police
under this section as it applies to property which has come into the
possession of the police in the circumstances mentioned in that section.

(5) This section is to be construed in accordance with section 26
and in subsection (2) of this section the references to handling stolen
goods shall include any corresponding offence committed before the
commencement of this Ordinance.

29. (1) Any number of persons may be charged in one indictment,
information or charge with reference to the same theft, with having at
different times or at the same time handled all or any of the stolen
goods, and the persons so charged may be tried together.

(2) On the trial of 2 or more persons charged or indicted for jointly
handling any stolen goods, the court or jury may find any one of the
accused guilty if the court or jury is satisfied that he handled all or any
of the stolen goods, whether or not he did so jointly with the other
accused or any of them.

(3) Where a person is being proceeded against for handling stolen
goods (but not for any offence other than handling stolen goods), then
at any stage of the proceedings, if evidence has been given of his
having or arranging to have in his possession the goods the subject of
the charge, or of his undertaking or assisting in, or arranging to
undertake or assist in, their retention, removal, disposal or realization,
the following evidence shall be admissible for the purpose of proving
that he knew or believed the goods to be stolen goods

(a)evidence that he has had in his possession, or has
undertaken or assisted in the retention, removal, disposal or
realization of, stolen goods from any theft taking place not
earlier than 12 months before the offence charged; and

(b)(if 7 days notice in writing has been given to him of the
intention to prove the conviction) evidence that he has within
the 5 years preceding the date of the offence charged been
convicted of theft or of handling stolen goods.

(4) In any proceedings for the theft of anything in the course of
transmission (whether by post or otherwise), or for handling stolen
goods from such a theft, a statutory declaration made by any person
that he despatched or received or failed to receive any goods or postal
packet, or that any goods or postal packet, when des





patched or received by him were in a particular state or condition,
shall be admissible as evidence of the facts stated in the declaration,
subject to the following conditions-

(a)a statutory declaration shall only be admissible where and
to the extent to which oral evidence to the like effect would
have been admissible in the proceedings; and

(b)a statutory declaration shall only be admissible if at least
7 days before the hearing or trial a copy of it has been given
to the person charged, and he has not, at least 3 days before
the hearing or trial or within such further time as the court
may in special circumstances allow, given the prosecutor
written notice requiring the attendance at the hearing or
trial of the person making the declaration.

(5) This section is to be construed in accordance with section
26, and in subsection (3)(b) of this section the reference to handling
stolen goods shall include any corresponding offence committed
before the commencement of this Ordinance.

(6) In any proceedings for an offence under section 17, 18, 18A
or 18B- (Amended, 45 qf 1980, s. 5)

(a) any person who-
(i) obtains property, pecuniary advantage or services
by means of a cheque or other bill of exchange which is
refused payment upon presentation on or after becoming
due shall, until the contrary is proved, be deemed to have
obtained the property, pecuniary advantage or services
with knowledge that such cheque or other bill of exchange
would not be honoured; or
(ii) evades liability to make a payment by means of a
cheque or other bill of exchange which is refused payment
upon presentation on or after becoming due shall, until the
contrary is proved, be deemed to have evaded the liability
to make a payment with knowledge that such cheque or
other bill of exchange would not be honoured; (Re-
placed, 45 of 1980, s. 5)

(b) where-
(i) any cheque or other bill of exchange bears any
writing purporting to be written by or on behalf of the
bank or other person on whom the cheque or bill of ex-
change was drawn and indicating that payment of the
cheque or bill of exchange was refused upon presentation
on or after becoming due; or
(ii) any document purporting to be made by or on
behalf of the bank or other person on whom any cheque or
bill of exchange was drawn bears any writing indicating
that payment of the cheque or bill of exchange was refused
upon presentation on or after becoming due,
then payment of the cheque or bill of exchange shall, until
the contrary is proved, be deemed to have been so refused;





(c)the provisions of this subsection shall apply whether or not
the bank or other person on whom the cheque or bill of
exchange was drawn carries on business in Hong Kong
and whether the writing was written on the cheque or bill
of exchange or the document within or outside Hong Kong;

(d)any document purporting to be a document of the kind
specified in paragraph (b) or purporting to be a copy or
reproduction of any such document shall be admitted in
evidence on its production by the prosecution without
further proof,

(e)where any cheque or bill of exchange or any document of
the kind specified in paragraph (b), or any copy or repro-
duction of such document, is to be adduced in evidence, a
copy thereof shall be served on the defendant not less than
14 days before the commencement of the trial;

if service is not effected in accordance with paragraph (e),
the court may on application by the accused grant an
adjournment for such period as it considers just.

30. (1) Where goods have been stolen, and a person is con-
victed of any offence with reference to the theft (whether or not the
stealing is the gist of his offence), the court by or before which the
offender is convicted may on the conviction exercise any of the
following powers-

(a)the court may order anyone having possession or control
of the goods to restore them to any person entitled to
recover them from him; or

(b)on the application of a person entitled to recover from the
person convicted any other goods directly or indirectly
representing the first-mentioned goods (as being the pro-
ceeds of any disposal or realization of the whole or part of
them or of goods so representing them), the court may
order those other goods to be delivered or transferred to
the applicant; or

(c)on the application of a person who, if the first-mentioned
goods were in the possession of the person convicted,
would be entitled to recover them from him, the court may
order that a sum not exceeding the value of those goods
shall be paid to the applicant out of any money of the
person convicted which was taken out of his possession on
his apprehension.

(2) Where under subsection (1) the court has power on a
person's conviction to make an order against him both under
paragraph (b) and under paragraph (c) with reference to the stealing
of the same goods, the court may make orders under both para-
graphs provided that the applicant for the orders does not thereby
recover more than the value of those goods.





(3) Where under subsection (1) the court on a person's convic-
tion makes an order under paragraph (a) for the restoration of any
goods, and it appears to the court that the person convicted has sold
the goods to a person acting in good faith, or has borrowed money
on the security of them from a person so acting, then on the
application of the purchaser or lender the court may order that there
shall be paid to the applicant, out of any money of the person
convicted which was taken out of his possession on his apprehen-
sion, a sum not exceeding the amount paid for the purchase by the
applicant or, as the case may be, the amount owed to the applicant
in respect of the loan.

(4) The court shall not exercise the powers conferred by this
section unless in the opinion of the court the relevant facts suffi-
ciently appear from evidence given at the trial or the available
documents, together with admissions made by or on behalf of any
person in connexion with any proposed exercise of the powers; and
for this purpose 'the available documents' means any written
statements or admissions which were made for use, and would have
been admissible, as evidence at the trial, the depositions taken at any
committal proceedings and any written statements or admissions
used as evidence in those proceedings.

(5) Any order under this section shall be treated as an order
for the restitution of property within the meaning of section 83X of
the Criminal Procedure Ordinance.

(6) References in this section to stealing are to be construed in
accordance with section 26(1) and (4).

GENERAL AND CONSEQUENTIAL PROVISIONS

31. (1) This Ordinance shall apply in relation to the parties to
a marriage, and to property belonging to the wife or husband
whether or not by reason of an interest derived from the marriage, as
it would apply if they were not married and any such interest
subsisted independently of the marriage.

(2) Subject to subsection (4), a person shall have the same
right to bring proceedings against that person's wife or husband for
any offence (whether under this Ordinance or otherwise) as if they
were not married, and a person bringing any such proceedings shall
be competent to give evidence for the prosecution at every stage of
the proceedings.

(3) Where a person is charged in proceedings not brought by
that person's wife or husband with having committed any offence
with reference to that person's wife or husband or to property
belonging to the wife or husband, the wife or husband shall be
competent to give evidence at every stage of the proceedings,
whether for the defence or for the prosecution, and whether the
accused is charged solely or jointly with any other person:





Provided that-

(a)the wife or husband (unless compellable at common law)
shall not be compellable either to give evidence or, in
giving evidence, to disclose any communication made to
her or him during the marriage by the accused; and

(b)her or his failure to give evidence shall not be made the
subject of any comment by the prosecution.

(4) Proceedings shall not be instituted against a person for any
offence of stealing or doing unlawful damage to property which at
the time of the offence belongs to that person's wife or husband, or
for any attempt, incitement or conspiracy to commit such an
offence, unless the proceedings are instituted by or with the consent
of the Attorney General:

Provided that-

(a)this subsection shall not apply to proceedings against a
person for an offence-
(i) if that person is charged with committing the offence
jointly with the wife or husband; or
(ii) if by virtue of any judicial decree or order (wherever
made) that person and the wife or husband -are at the time
of the offence under no obligation to cohabit; and

(b)this subsection shall not prevent the arrest, or the issue of a
warrant for the arrest, of a person for an ofrence, or the
remand in custody or admission to bail of a person charged
with an offence, where the arrest (if without a warrant) is
made, or the warrant of arrest issues on an information
laid, by a person other than the wife or husband.

32. (1) If on the trial of any information, charge or indict-
ment for an offence specified in the first column of the Schedule it is
proved that the accused is not guilty of that offence but guilty of one
of the offences specified opposite thereto in the second column of
that Schedule or of attempting or being a party to an offence so
specified, the accused shall be acquitted of the offence originally
charged and shall be convicted of such other offence or of attempt-
ing or being a party to such other offence and be liable to be
punished accordingly.

(2) The references in the Schedule to numbered sections and
subsections shall be construed to include every offence under the
section or subsection so numbered in this Ordinance.

(3) Nothing in this section or in the Schedule shall exclude the
application to any offence of any other law authorizing a person to
be found guilty of an offence other than that with which he is
charged.

33. (1) A person shall not be excused, by reason that to do so
may incriminate that person or the wife or husband of that person of
an offence under this Ordinance-





(a)from answering any question put to that person in
proceedings for the recovery or administration of any
property, for the execution of any trust or for an account of
any property or dealings with property; or

(b)from complying with any order made in any such proceedings,

but no statement or admission made by a person in answering a
question put or complying with an order made as aforesaid shall, in
proceedings for an offence under this Ordinance, be admissible in
evidence against that person or (unless they married after the making of
the statement or admission) against the wife or husband of that person.

(2) Notwithstanding any enactment to the contrary, where
property has been stolen or obtained by fraud or other wrongful means,
the title to that or any other property shall not be affected by reason
only of the conviction of the offender.

34. (1) The following offences at common law are hereby abolished
for all purposes not relating to offences committed before the
commencement of this Ordinance, that is to say, any offence at common
law of larceny, robbery, burglary, receiving stolen property, obtaining
property by threats, extortion by colour of office or franchise, false
accounting by public officers, concealment of treasure trove and, except
as regards offences relating to the public revenue, cheating.

(2) Except as regards offences committed before the
commencement of this Ordinance, and except as the context otherwise
requires

(a)references in any enactment passed before this Ordinance to
an offence abolished or contained in* any provision repealed
by this Ordinance shall, subject to any express amendment or
repeal made by this Ordinance, have effect as references to
the corresponding offence under this Ordinance, and in any
such enactment 'receive' (when the expression relates to an
offence of receiving) shall mean handle, and 'receiver' shall
be construed accordingly; and

(b)without prejudice to paragraph (a), references in any
enactment, whenever passed, to theft or stealing (including
references to stolen goods), and references to robbery,
burglary, aggravated burglary or handling stolen goods, shall
be construed in accordance with the provisions of this
Ordinance, including those of section 26.

35. (1) Sections 29 and 30 shall apply in relation to proceedings for
an offence committed before the commencement of this Ordinance as
they would apply in relation to proceedings for a corresponding offence
under this Ordinance and shall so apply in place of any corresponding
enactment repealed by this Ordinance.





(2) Subject to subsection (1), no repeal or amendment by this
Ordinance of any enactment relating to procedure or evidence, or to the
jurisdiction or powers of any court, or to the effect of a conviction, shall
affect the operation of the enactment in relation to offences committed
before the commencement of this Ordinance or to proceedings for any
such offence.

SCHEDULE [s. 32.]
ALTERNATIVE VERDICTS

Offences Other offences of which the defendant
of
may be found guilt
1. Theft (section 9). (i) Taking conveyance without authority
(section 14).

(ii)Obtaining property by deception (section 17).
(iii) Obtaining pecuniary advantage by deception
(section 18).
(iv) Obtaining services by deception (section 18A)
(v)Evasion of liability by deception (section 18B).
(vi) Making off without payment (section 18C)
(vii) False accounting (section 19).

(viii) Handling stolen goods (section 24). (ix)
Going equipped for stealing (section 27).

2. Robbery (section 10).(i) Theft (section 9).
(ii) Assault with intent to rob (section 10).
(iii) Blackmail (section 23(1) ).
(iv) Handling stolen goods (section 24).
(v) Common assault.
3. Assault with intent to(i) Theft (section 9).
rob (section 10).(ii) Robbery (section 10).

(iii) Blackmail (section
23(1)). (iv) Common assault.

4. Burglary (section 11). (i) Theft (section 9).
(ii) Handling stolen property (section 24).
(iii) Going equipped for stealing (section 27),
(iv) Inflicting grievous bodily harm.
5. Aggravated burglary (i) Theft (section 9).
(section 12).(ii) Burglary (section 11).

(iii) Handling stolen property (section 24).
(iv) Going equipped for stealing (section 27).
(v) Inflicting grievous bodily harm. (vi)
Possession of arms. (vii) Possession of
imitation firearm.

(viii) Possession of explosive.

6. Taking conveyance Going equipped for stealing (section 27).
without authority
(section 14(1)),
7. Obtaining property (i) Theft (section 9).
by deception (ii) Obtaining pecuniary advantage by deception
(section 17). (section 18).

(iii) Obtaining services by deception (section
18A). (iv) Evasion of liability by deception
(section 18B).





Offences Other offences of which the defebdant
may be found guilty
(y) Making off without payment (section 18C).
(vi) Blackmail (section 23(1)).
(vii) Handling stolen goods (section 24).
(viii) Going equipped for stealing (section 27).

8. Obtaining pecuniary (i) Theft (section 9).
advantage by decep- (ii) Obtaining property by deception (section 17).
tion (section 18). (iii) Evasion of liability by deception (section 18B).
(iv) Blackmail (section 23(1)).
(v) Handling stolen goods (section 24).
9. Evasion of liability (i) Theft (section 9).
by deception (ii) Obtaining property by deception (section 17).
(section 18B). (iii) Obtaining pecuniary advantage by deception
(section 18).
(iv) Obtaining services by deception (section ]8A).
(v) Making off without payment (section 18C).
(vi) Blackmail (section 23(1)).
10. Making off without (i) Theft (section 9).
payment (ii) Obtaining property by deception (section 18).
(section 18C). (iii) Obtaining services by deception (section 18A).
(iv) Evasion of liability by deception (section 18B).
(v) Blackmail (section 23(1)).
11. Blackmail (i) Obtaining property by deception (section 17).
(section 23(1)). (ii) Obtaining pecuniary advantage by deception
(section 18).
(iii) Obtaining services by deception (section 18A).
(iv) Evasion of liability by deception (section 18B).
(v) Making off without payment (section 1 8C).
(vi) Possession of blackmailing letter (section 23(4)).
(vii) Common assault.
(Amended, 45 of 1980, s. 6)
Originally 21 of 1970. 13 of 1974. 45 of 1980. 46 of 1986. L.N. 124/70. Short title and application. 1968, c. 60, s. 35(1). Basic definition of theft. 1968, c. 60, s. 1. 'Dishonestly' 1968, c. 60, s. 2. 'Appropriates'. 1968, c. 60, s. 3. Property. 1968, c. 60, s. 4. Belonging to another. 1968, c. 60, s. 5. With the intention of permanently depriving the other of it. 1968, c. 60, s. 6. Other definitions. 1968, c. 60, s. 34. Theft. 1968, c. 60, s. 7. Robbery. 1968, c. 60, s. 8. Burglary. 1968, c. 60, s. 9. Aggravated burglary. 1968, c. 60, s. 10. Removal of articles from places open to the public. 1968, c. 60, s. 11. Taking conveyance without authority. 1968, c. 60, s. 12. Abstracting of electricity. 1968, c. 60, s. 13. Dishonest use of public telephone or telex system. 1968, c. 60, Sch. 2, Pt. I, Para. 8. Obtaining property by deception. 1968, c. 60, s. 15. Obtaining pecuniary advantage by deception. 1968, c. 60, s. 16. (Cap. 155.) (Cap. 155.) (Cap. 155.) (Cap. 32.) Obtaining services by deception. 1978, c. 31, s. 1. Evasion of liability by deception. 1978, c. 31, s. 2. Making off without payment. 1978, c. 31, s. 3. Procuring false entry in certain records. (Cap. 155.) (Cap. 155.) (Cap. 155.) (Cap. 32.) False accounting. 1968, c. 60, s. 17. Liability of company officers for certain offences by company. 1968, c. 60, s. 18. False statements by company directors, etc. 1968, c. 60, s. 19. Suppression, etc. of documents. 1968, c. 60, s. 20. Blackmail. 1968, c. 60, s. 21. Handling stolen goods. 1968, c. 60, s. 22. Advertising rewards for return of goods stolen or lost. 1968, c. 60, s. 23. Scope of offences relating to stolen goods. 1968, c. 60, s. 24. Going equipped for stealing, etc. 1968, c. 60, s. 25. Search for stolen goods. 1968, c. 60, s. 26. (Cap. 221.) Evidence and procedure on charge of theft, handling stolen goods, and obtaining by deception. 1968, c. 60, s. 27. Orders for restitution. 1968, c. 60, s. 28. (Cap. 221.) Husband and wife. 1968, c. 60, s. 30. Verdict. Schedule. Effect on civil proceedings and rights. 1968, c. 60, s. 31. Effect on existing law and construction of references to offences. 1968, c. 60, s. 32. Transitional provisions. 1968, c. 60, s. 35(2)(3).

Originally 21 of 1970. 13 of 1974. 45 of 1980. 46 of 1986. L.N. 124/70. Short title and application. 1968, c. 60, s. 35(1). Basic definition of theft. 1968, c. 60, s. 1. 'Dishonestly' 1968, c. 60, s. 2. 'Appropriates'. 1968, c. 60, s. 3. Property. 1968, c. 60, s. 4. Belonging to another. 1968, c. 60, s. 5. With the intention of permanently depriving the other of it. 1968, c. 60, s. 6. Other definitions. 1968, c. 60, s. 34. Theft. 1968, c. 60, s. 7. Robbery. 1968, c. 60, s. 8. Burglary. 1968, c. 60, s. 9. Aggravated burglary. 1968, c. 60, s. 10. Removal of articles from places open to the public. 1968, c. 60, s. 11. Taking conveyance without authority. 1968, c. 60, s. 12. Abstracting of electricity. 1968, c. 60, s. 13. Dishonest use of public telephone or telex system. 1968, c. 60, Sch. 2, Pt. I, Para. 8. Obtaining property by deception. 1968, c. 60, s. 15. Obtaining pecuniary advantage by deception. 1968, c. 60, s. 16. (Cap. 155.) (Cap. 155.) (Cap. 155.) (Cap. 32.) Obtaining services by deception. 1978, c. 31, s. 1. Evasion of liability by deception. 1978, c. 31, s. 2. Making off without payment. 1978, c. 31, s. 3. Procuring false entry in certain records. (Cap. 155.) (Cap. 155.) (Cap. 155.) (Cap. 32.) False accounting. 1968, c. 60, s. 17. Liability of company officers for certain offences by company. 1968, c. 60, s. 18. False statements by company directors, etc. 1968, c. 60, s. 19. Suppression, etc. of documents. 1968, c. 60, s. 20. Blackmail. 1968, c. 60, s. 21. Handling stolen goods. 1968, c. 60, s. 22. Advertising rewards for return of goods stolen or lost. 1968, c. 60, s. 23. Scope of offences relating to stolen goods. 1968, c. 60, s. 24. Going equipped for stealing, etc. 1968, c. 60, s. 25. Search for stolen goods. 1968, c. 60, s. 26. (Cap. 221.) Evidence and procedure on charge of theft, handling stolen goods, and obtaining by deception. 1968, c. 60, s. 27. Orders for restitution. 1968, c. 60, s. 28. (Cap. 221.) Husband and wife. 1968, c. 60, s. 30. Verdict. Schedule. Effect on civil proceedings and rights. 1968, c. 60, s. 31. Effect on existing law and construction of references to offences. 1968, c. 60, s. 32. Transitional provisions. 1968, c. 60, s. 35(2)(3).

https://oelawhk.lib.hku.hk/items/show/2861

HONG KONG INDUSTRIAL ESTATES CORPORATION ORDINANCE

LAWS OF HONG KONG

0

HONG KONG INDUSTRIAL ESTATES

CORPORATION ORDINANCE

CHAPTER 209





CHAPTER 209

HONG KONG INDUSTRIAL ESTATES CORPORATION
ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ..........................3
2. Interpretation .......................3

PART 11

INCORPORATION AND POWERS

3. Establishment of the Corporation .....4
4. Purposes of the Corporation ..........4
5. General powers of the Corporation ....4
6. Plans of industrial estates ........5
7. Board of the Corporation .............6
8. Proceedings of the Board .............7
9. Validity of proceedings ..............7
10.......................................Seal of the Corporation 7
11.......................................Documents of the Corporation 7
12.......................................Certain documents not required to be sealed 8
13.......................................Appointment of committees 8
14.......................................Delegation 8

PART 111

CONTROL OF INDUSTRIAL ESTATES

15........................................Power to remove trespassers 9
16........................................Power to enter and inspect buildings 9
17........................................Power to take possession and dispose of property 9

PARTIV

FINANCIAL

18........................................Provisions of working capital 10
19........................................Debt of the Corporation 10





Section..................................... Page
20. Power to borrow money .................11
21. Bank accounts .........................11
22. Investment of surplus funds ...........11
23. Payment of surplus funds into general revenue 12

24............................Accounts ....................
..............................12

25......................................Audit 12
26................Reports to be laid on table of Legislative Council 12

PART V

STAFF

27..........................Appointment of Chief Executive 12
28..............Appointment of employees and conditions of employment 13
29................Employment of technical and professional advisers 13
30..................................Staff benefits 13

PART VI

GENERAL

31..................Corporation not servant or agent of the Crown 14
32.........................Governor may obtain information 14
33...........................Governor may give directions 14
34.....................................Secrecy 14
35.................Parts of industrial estates to be public places 15
36......................................Bylaws 15
37.......................Further powers in relation to bylaws 15
38...........Seizure and forfeiture of hawker's equipment and commodities 16
39......................Corporation may prosecute in its name 16

PART VII

TRANSITIONAL

40...............................(Has had its effect) 16
41........................Transfer of assets and liabilities 16
42..........................Other transitional provisions 16





CHAPTER 209

HONG KONG INDUSTRIAL ESTATES CORPORATION

To establish a corporation for the construction and management of industrial
estates in Hong Kong, to assume the functions, assets and liabilities of the
Hong Kong Industrial Estates Provisional Authority and for connected
purposes.

[1March1977] L.N.46 of 1977

Originally ]6of 1977-40 of 1983, R.Ed. 1984,19 of 1985, 10of 1986,42of 1989

PART I

PRELIMINARY

1. Short title

This Ordinance may be cited as the Hong Kong Industrial Estates

Corporation Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

,,authorized officer' means any person who is authorized in writing by the
Corporation, the Chief Executive, or a committee of the Corporation, to perform
or exercise any of the functions or powers of the Corporation;

'Board' means the Board of the Corporation provided for by section 7(1)

'Chairman' means the Chairman of the Board appointed under section 7(3);

'Chief Executive' means the person appointed under section 27(1) to be the Chief
Executive of the Corporation;

'common parts' means any place within an industrial estate to which the public
have access either continuously or periodically, whether the same is the
property of the Corporation or of private persons;

'Corporation' means The Hong Kong Industrial Estates Corporation established by
section 3(1);

'financial year' means the period commencing on 1 April each year and ending on
31 March in the year following except that the period from the commencement
of the Ordinance to 31 March next thereafter shall be deemed to be a financial
year;

'industrial estate' means an industrial estate referred to in section 6;




and structures erected on land; and (e) any interest in
land;

'lease' includes an agreement for a lease;

'member' means a member of the Board;

'Provisional Authority' means the Hong Kong Industrial Estates Provisional
Authority established by section 3 of the Hong Kong Industrial Estates
Provisional Authority Ordinance 1976 (17 of 1976).

PART II

INCORPORATION AND
POWERS

3. Establishment of the Corporation

(1) There is hereby established a body corporate to be known as 'The Hong
Kong Industrial Estates Corporation'.

(2) The Corporation shall have perpetual succession and shall be capable of
suing and being sued.

4. Purposes of the Corporation

The purposes of the Corporation shall be to establish, construct, manage and
control industrial estates and to manage and control the land comprised therein.

(Amended 40 of 1983 s. 2)

5. General powers of the Corporation

(1) The Corporation shall have powers

(a)to do such things as are expedient for or conducive to the attainment
of the purposes declared in section 4 or of any purpose reasonably
incidental to or consequential upon any of those purposes;

(b)to do any thing under paragraph (a) in association with other
persons, including departments or authorities of the Government.

(2) Without restricting the generality of subsection (1), the Corporation may,
for the purposes referred to therein

(a) purchase, acquire or lease or surrender any land;

(b) lay out industrial sites for lease or sale;





(e)dispose of any land which it holds for the purposes of industrial
estates subject to the terms and conditions of the Crown lease but
otherwise on such terms and conditions as it thinks fit; (Amended 40
of 1983 s. 3)

(d)let to any person, for any period and for any purpose, any land in an
industrial estate subject to the payment of a premium and ground
rent, or rent without a premium, and determine the terms, covenants
and conditions on which such land may be let or occupied;
(Amended 40 of 1983 s. 3)

(e)prepare and execute proposals, plans and projects for the erection,
conversion, improvement and extension of any building in an
industrial estate for sale, lease or other purpose, and determine the
terms, covenants and conditions on which the sale, lease or other
purpose may be effected;

(f)manage buildings, premises, structures, and any grounds ancillary
thereto, in an industrial estate, and charge fees for services provided
in connection with such management;

(g)employ an agent or contractor to do any thing which the Corporation
may do other than to hold or dispose of land;

(h)enter into, assign or accept the assignment of, and vary or rescind,
any contract or obligation.

(3) Any land forming part of an industrial estate may be improved, developed
and altered by the Corporation in such manner and to such extent as the law would
allow if the land were held by a natural person in the same interest and the
Corporation shall not be required to show that such improvement, development or
alteration is itself undertaken for any purpose referred to in this section.

6. Plans of industrial estates

(1) The Corporation shall prepare a plan of every industrial estate showing all
land comprised therein.

(2) An industrial estate may be given such name as the Corporation thinks fit.

(3) Where there is any addition to or other alteration of the area of an industrial
estate, such addition or alteration shall be shown by amendment of the plan
prepared under subsection (1).

(4) Any plan prepared, or any additions or other alterations made thereto, under
this section shall be signed and dated by the Chairman.

(5) A plan prepared under subsection (1) shall be deposited in the appropriate
New Territories Land Office within the meaning of section 10(2) of the New
Territories Ordinance (Cap. 97) and in the Land Office in Victoria.





(6) A notice of a plan prepared, or any additions or other alterations
made thereto, under this section shall be published in the Gazette together with
the addresses of the Land Offices in which the plan is deposited under
subsection (5).

7. Board of the Corporation

(1) The Corporation shall have a Board which shall consist of the
following members-
(a) the Chairman;
(b) the Chief Executive; and
(c)9 members appointed by the Governor, not more than 4 of whom
shall be public officers. (Replaced 19 of 1985 s. 2. Amended 42
of 1989 s. 2)
(2) Subject to sections 27(1) and 33, the Board shall be the governing
body of the Corporation with authority, in the name of the Corporation, to
exercise and perform the powers, functions and duties conferred or imposed on
the Corporation by this Ordinance.
(3) The Chairman shall be appointed by the Governor for such term as
the Governor thinks fit.
(4) A member who is not a public officer appointed under subsection (1)(c)
shall be appointed for a term not exceeding 3 years.
(5) The Chairman and any member who is not a public officer appointed
under subsection (1)(c) may, upon the expiry of his term of appointment, be
reappointed.
(6) The Chairman and any member who is not a public officer appointed
under subsection (1)(c), or reappointed under subsection (5), may before the
expiry of his term of office-
(a) resign his office by notice to the Governor; or
(b)be removed from office by the Governor for permanent in-
capacity or other sufficient cause (as to the existence of which the
decision of the Governor shall be final),
and upon such resignation or removal the term for which he was appointed or
reappointed shall be deemed to have expired.
(7) A member who is a public officer appointed under subsection (1)(c)
shall hold office at the pleasure of the Governor.
(8) Where a member, other than the Chief Executive, is precluded by
temporary incapacity or other cause from performing his functions as such for
any period (as to which the decision of the Governor shall be final), the
Governor may appoint another person to act as a member during such period
with all such rights, powers, duties and liabilities as if he had been appointed
under subsection (1).





(9) A member, other than the Chief Executive and any member who is a public
officer appointed under subsection (1)(c), may be paid such fees and expenses as
the Board thinks fit.

(Amended 19 of 1985 s. 2)

8. Proceedings of the Board

(1) Four members shall form a quorum at a meeting of the Board.

(2) At a meeting of the Board the Chairman, or in the absence of the Chairman
such other member as the members present may select, shall preside.

(3) All questions for determination at a meeting of the Board shall be decided
by a majority of votes of the members present and voting thereon and in the event
of an equality of votes the member presiding shall have a casting vote in addition to
his original vote.

(4) Subject to this Ordinance, arrangements relating to meetings of the Board,
the procedure at, and the conduct of, its meetings, shall be such as the Board may
determine.

(5) If a member is in any way directly or indirectly interested in a matter under
discussion at a meeting of the Board

(a) he shall disclose the nature of his interest at the meeting;

(b) the disclosure shall be recorded in the minutes of the Board;

(c)the member presiding at the meeting may at his discretion require the
member who has disclosed his interest to withdraw from the meeting.

9. Validity of proceedings

The validity of any proceeding of the Board shall not be affected by

(a) any defect in the appointment of any member;

(b)the absence of any member from the meeting at which such
proceeding occurred; or

(c) any vacancy among members of the Board.

10. Seal of the Corporation

The Corporation shall have a common seal, and the fixing of the seal shall

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

(b)be authenticated by the signature of a member, authorized by
resolution of the Board either generally or specially to act for that
purpose. (Amended 42 of 1989s. 3)

11. Documents of the Corporation

(1) The Corporation may make and execute all such documents as may be
expedient for or conducive to the attainment of its purposes or of any purpose
reasonably incidental to or consequential upon those purposes.





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

12. Certain documents not required to be sealed

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 Corporation by any person generally
or specially authorized by the Board for that purpose.

13. Appointment of committees

(1) The Corporation may appoint a committee for any such general or
special purpose as in the opinion of the Corporation would be better regulated
and managed by means of a committee.
(2) A committee appointed under subsection (1) shall consist of such
number of members as the Corporation thinks fit and not less than 2 of such
members shall be members of the Board.

14. Delegation

(1) Subject to subsections (2) and (3), the Corporation may, by
instrument in writing, delegate to the Chief Executive or to any committee
appointed under section 13, with or without restrictions or conditions, as the
Corporation thinks fit, such of its powers and functions as it deems expedient
for the better discharge of the functions of the Corporation.
(2) No delegation under subsection (1) shall preclude the Corporation
from exercising or performing at any time any of the powers or functions so
delegated.
(3) No delegation shall be made under subsection (1) of power or
authority-
(a)to approve plans for the improvement, development or alteration
of any land held by the Corporation;
(b)to approve the annual programme or estimates of income or
expenditure of the Corporation;
(c)to authorize the annual report or statements of income or
expenditure and of assets and liabilities of the Corporation;
(d)to approve general terms and conditions of service of employees
of the Corporation; or
(e)to establish or enter into any arrangement for the establishment
of a fund or scheme under section 30(2).





(4) For avoidance of doubt it is declared that nothing in subsection (1) or (3)
shall be construed as prohibiting the delegation to the Chief Executive by the
Corporation of the power to approve any building plans submitted for approval in
pursuance of a condition imposed under section 5(2)(c) or (d) or the exercise of such
power by the Chief Executive. (Added 42 of 1989s.4)

PART III

CONTROL OF INDUSTRIAL ESTATES

15. Power to remove trespassers

(1) An authorized officer may require any person who is found in an industrial
estate and who cannot give a satisfactory account of himself to leave the industrial
estate.

(2) An authorized officer may prohibit any person who does not have a
satisfactory reason for being in an industrial estate from entering the industrial
estate.

(3) A person who does not, within a reasonable time, leave an industrial estate
when required to do so under subsection (1) may be removed from the industrial
estate by an authorized officer who may use such force as may be reasonably
necessary to remove such person and, for that purpose, may request the assistance
of a police officer or any other person.

16. Power to enter and inspect buildings

Notwithstanding the terms of any lease, an authorized officer may at all
reasonable times in pursuance of his duties enter and inspect any building or part
thereof in an industrial estate.

17. Power to take possession and dispose of property

(1) The Corporation may take possession of any property

(a)found on land in an industrial estate which has been the subject of a
lease, after the tenant has left the land following the termination of
his lease;

(b)which is placed in or affixed to land in an industrial estate which is
the subject of a lease in contravention of any condition in the lease;

(c)which appears to an authorized officer to have been left or
abandoned on land in an industrial estate which is not the subject of
a lease; or

(d)which causes an obstruction or nuisance on or in any land in an
industrial estate which is not the subject of a lease.





(2) The Corporation shall post on or near the premises or place where the
property is or was situate a notice setting out details of the property of which it
has taken possession under subsection (1) and shall, in such notice, require any
claimant to submit his claim to the property-
(a)in the case of property referred to in subsection (1)(a), within
such time as is specified in the notice being not less than 7 days
after the day on which the notice is posted; and
(b)in the case of property referred to in subsection (1)(b), (c) and
(d), within 2 days after the day on which the notice is posted.
(3) The Corporation may refuse to return any property of which it has
taken possession under subsection (1) unless it is satisfied that the claimant is
the owner of the property.
(4) The Corporation may recover from a claimant to whom any property,
of which it has taken possession under subsection (1), is returned any expenses
incurred by it in the removal and storage of the property.
(5) Any property of which the Corporation has taken possession under
subsection (1), which is not claimed within the time referred to in subsection (2)
or which the Corporation refuses to return under subsection (3) to any person,
may be disposed of by it by sale or otherwise free from the rights of any person.
(6) If, within 6 months after the day on which the notice was posted under
subsection (2), any person satisfies the Corporation that, at the time any
property was sold pursuant to subsection (5), he was the owner of the property,
the Corporation shall pay to such person the balance of the proceeds of sale
after deducting any expenses incurred by it in the removal, storage and sale of
the property.
(7) Neither the Corporation nor any authorized officer shall be liable for
any loss or damage suffered by any person in consequence of anything done
under this section.

PART IV

FINANCIAL

18. Provisions of working capital
The Financial Secretary may, out of moneys appropriated by the
Legislative Council for the purposes of this Ordinance, authorize payment to
the Corporation of such sums. on such terms with respect to the payment of
interest, as he may determine for the purpose of enabling the Corporation to
carry out its purposes.

19. Debt of the Corporation
(1) The Corporation shall be indebted to the Government in a sum equal
to-





(a) any sums paid to the Corporation under section 18;
(b)the expenditure incurred by the Government in relation to the
investigation, planning and development of land in an industrial
estate and the construction of buildings thereon; and
(e)any other expenditure incurred by the Government in relation to
an industrial estate.
(2) The Financial Secretary may determine the amount of the in-
debtedness under subsection (1) by certificate or certificates under his hand
and he may for sufficient cause reduce or increase any amount so certified.
(3) The indebtedness of the Corporation under subsection (1) and any
interest thereon shall be discharged in such manner as the Financial Secretary
directs.
(4) In subsection (1)--
'expenditure- includes, in relation to the matters mentioned in that subsection,
any loss, debt, cost, expense or liability whenever incurred and whether
actual or contingent, liquidated or unliquidated.

20. Power to borrow money

The Corporation may, with the approval of the Financial Secretary,
borrow or otherwise raise money and charge all or any part of its property as
security therefor, and pay interest on any money so borrowed or raised.

21. Bank accounts

(1) The Corporation shall open and maintain accounts with such banks
as the Financial Secretary may approve.
(2) The Corporation shall pay all moneys received by it into any such
account.

22. Investment of surplus funds

All funds of the Corporation that are not immediately required shall-
(a)be deposited in any bank or savings bank nominated by the
Financial Secretary, either generally or in any particular case, for
that purpose;
(b)if the Financial Secretary so directs, be deposited with the Hong
Kong Treasury on such terms and conditions as the Financial
Secretary may specify; or
(c)subject to the prior approval of the Financial Secretary, be
invested in such investments as the Corporation thinks fit.





23. Payment of surplus funds into general revenue

The Governor in Council may declare any part of the funds of the Corporation
to be surplus funds and direct the payment of such surplus funds into the general
revenue of Hong Kong.

24. Accounts

(1) The Corporation shall keep proper accounts of all income and expenditure
and shall maintain proper and adequate records thereof.

(2) As soon as may be convenient after the end of each financial year, the
Corporation shall cause to be drawn up, in such form as the Financial Secretary may
approve, a statement of its income and expenditure during such financial year and a
statement of the assets and liabilities of the Corporation on the last day thereof.

25. Audit

(1) The Governor shall appoint an auditor, after consultation with the
Corporation.

(2) The auditor shall be entitled at any time to have access to all books of
account, vouchers and other financial records of the Corporation and to require such
information and explanations thereon as he thinks fit.

(3) The auditor shall audit the statements drawn up under section 24(2) as soon
as possible and shall make a written report thereon to the Corporation.

26. Reports to be laid on table of Legislative Council

(1) The Corporation shall as soon as possible after the end of each financial
year, but not later than 6 months after the end of each financial year or such longer
period as the Financial Secretary may as to any particular year allow, furnish to the
Financial Secretary

(a) a report on the affairs of the Corporation for that year;

(b)copies of the statements in respect of that year drawn up under
section 24(2); and

(c) a copy of the auditor's report on such statements.

(2) The Financial Secretary shall lay on the table of the Legislative Council the
reports and statements furnished to him pursuant to subsection (1).

PART V

STAFF

27. Appointment of Chief Executive

(1) The Corporation shall, with the approval of the Governor, appoint a person,
who may be a public officer, to be the chief executive of the

Corporation.(Amended 19 of 1985 s. 3)





(2) All matters relating to the remuneration and the terms and conditions of
appointment of the Chief Executive, and his suspension or dismissal from office,
shall be determined by the Corporation, subject to the approval of the Governor.

28. Appointment of employees and
conditions of employment





(4) The Corporation may supply living accommodation and household effects,
for the occupation and use of employees and advisers of the Corporation and their
families, at such rent and on such terms and conditions as it may determine.

(5) In this section 'employees' includes any class of employee which the
Corporation may specify and in subsection (1) includes former employees.

PART VI

GENERAL

31. Corporation not servant or agent of the Crown

The Corporation is not the servant or agent of the Crown and does not enjoy
any status, immunity or privilege of the Crown.

32. Governor may obtain information

The Corporation shall upon request by the Governor afford to him sufficient
facilities for obtaining information with respect to the property and affairs of the
Corporation and shall in such manner and at such times as the Governor may require
furnish him with returns, accounts and other information with respect thereto and
afford to him facilities for the verification of information furnished.

33. Governor may give directions

(1) Notwithstanding section 7(2) the Governor may, if he considers the public
interest so requires, give directions in writing to the Corporation and the
Corporation shall comply with those directions.

(2) No such direction shall be inconsistent with any provision of this
Ordinance.

34. Secrecy

(1) Any person who in the performance or exercise of his functions or powers,
or in the course of his employment, under or in connection with this Ordinance has
acquired or has access to any information relating to the affairs of any person, or
any manufacturing or commercial secret, or any working process, shall not at any
time disclose or make available such information to any other person, otherwise than
in the performance or exercise of his functions or powers, or in the course of his
employment, or without other lawful excuse.

(2) Any person who contravenes this section commits an offence and is liable
to a fine of $ 10,000 and to imprisonment for 2 years.





35. Parts of industrial estates to he public places

All common parts of an industrial estate shall be deemed to be public
places for the purposes of-
(a) the Summary Offences Ordinance (Cap. 228); and
(b) the Public Order Ordinance (Cap. 245).

36. Bylaws

(1) The Corporation may, under its common seal, make bylaws not
inconsistent with this Ordinance for all or any of the following purposes-
(a) the management and control of industrial estates;
(b)the selection of industrial undertakings for which leases may be
granted;
(c)the manner in which applications for leases of premises in
industrial estates may be made;
(d) the sanitation and cleansing of industrial estates;
(e) the maintenance and lighting of common parts;
the maintenance of public order and the prevention of nuisances
in industrial estates;
(g)prohibiting hawkers from carrying on business within industrial
estates and providing for the removal of hawkers and their
equipment and commodities from industrial estates;
(h) the eviction of trespasses from industrial estates;
(i) the display of advertisement within industrial estates;
the convening of meetings of the Board and the procedure at
such meetings;
(k)the provision of a common seal and the custody and use
thereof;
(1)the better carrying out of the functions and duties of the
Corporation.
(2) All bylaws made under subsection (1) shall be subject to the approval
of the Legislative Council.
(3) The Corporation shall cause printed copies of all bylaws made under
subsection (1) to be kept at its principal office and to be available for sale to any
person at a reasonable cost.

37. Further powers in relation to bylaws

Any bylaws made under section 36 may provide that a contravention of
specified provisions thereof shall be an offence and may prescribe penalties
therefor not exceeding a fine of $5,000 and imprisonment for 6 months.





38. Seizure and forfeiture of hawker's
equipment and commodities

Any bylaws made under section 36 which provide that hawking within an
industrial estate is an offence may also provide that all or any of the provisions of
sections 86, 86A, 86C and 86D of the Public Health and Municipal Services
Ordinance (Cap. 132) shall apply as if such offence were a hawker offence within the
meaning of section 83 of that Ordinance.

(Amended 10 of 1986 s. 32(1))

39. Corporation may prosecute in its name

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 for an ofrence under this Ordinance may be brought
in the name of the Corporation.

PART VII

TRANSITIONAL

40. (Has had its effect)

41. Transfer of assets and liabilities

(1) All property of whatever kind and whether movable or immovable vested in
or belonging to the Provisional Authority immediately before the commencement
date of this Ordinance is as from such date transferred to and vested in the same
interest in the Corporation without any further assurance and the Corporation shall
have all powers necessary to take possession of, recover and obtain the benefit of
such property.

(2) All obligations and liabilities of the Provisional Authority immediately
before the commencement date of this Ordinance are as from such date the
obligations and liabilities of the Corporation and the Corporation shall have all
necessary powers to discharge the same.

(3) No stamp duty shall be payable in respect of any transfer of property under
this section.

42. Other transitional provisions

(1) Without limiting the generality of section 41, every agreement, whether in
writing or not, to which the Provisional Authority was a party immediately before the
commencement date of this Ordinance and whether or





not of such a nature that the rights and liabilities thereunder could be assigned
shall have effect as from such date as if-
(a) the Corporation had been party to such agreement; and
(b)for any reference, however worded and whether express or
implied, to the Provisional Authority there were substituted in
respect of anything to be done or omitted on or after the
commencement date of this Ordinance a reference to the
Corporation.
(2) Subsection (1)(b) shall also apply to any document, not being an
agreement, having therein references to the Provisional Authority.
(3) The appointment of any employee of the Provisional Authority
subsisting immediately before the commencement date of this Ordinance shall
be deemed to be made by the Corporation under this Ordinance and for the
purpose of determining the right to pension, gratuity or other benefits of such
employee on the cessation of his service, there shall be no break in the
continuity thereof by reason only of the repeal of the Hong Kong Industrial
Estates Provisional Authority Ordinance 1976 (17 of 1976).
(4) Where anything has been commenced by or under the authority of the
Provisional Authority before the commencement date of this Ordinance such
thing may be carried on and completed by, or under the authority of, the
Corporation.

https://oelawhk.lib.hku.hk/items/show/2860

SPECIAL AREAS (DESIGNATION) (CONSOLIDATION) ORDER

SPECIAL AREAS (DESIGNATION) (CONSOLIDTION)
ORDER

(Cap. 208, section 24(1))

[13 May 1977.1

1. This order may be cited as the Special Areas (Designation)
(Consolidation) Order.

2. The areas of Crown land specified in the Schedule are designated
as special areas for the purposes of the Ordinance.

SCHEDULE [para. 2.1

1.The area of Crown land known as the Tai Po Kau Nature Reserve delineated and
bounded in red on Plan No. SA/TI`K dated 25 May 1976 and deposited in the
office of the Country Parks Authority.

2.The area of Crown land on Tung Lung Island comprising Tung Lung Fort and
the adjacent land delineated in black and coloured pink on Plan No. SA/TLF
dated 13 June 1979 and deposited in the office of the Country Parks Authority.

3.Those areas of Crown land near the village of Tsiu Hang in the northern part of
Pak Sha Wan Peninsula delineated in black and coloured pink on Plan No.
SA/TH dated 1 December 1987 and deposited in the office of the Country Parks
Authority.
L.N. 105/77. L.N. 164/79. L.N. 420/87. Citation. Designation of Crown land as special areas. L.N. 105/77. L.N. 164/79. L.N. 420/87.

L.N. 105/77. L.N. 164/79. L.N. 420/87. Citation. Designation of Crown land as special areas. L.N. 105/77. L.N. 164/79. L.N. 420/87.

https://oelawhk.lib.hku.hk/items/show/2859

DESIGNATION OF SPECIAL AREAS WITHIN COUNTRY PARKS (CONSOLIDATION) ORDER

DESIGNATION OF SPECIAL AREAS WITHIN COUNTRY
PARKS (CONSOLIDATION) ORDER
(Cap. 208. section 24(2))
[12 August 1977.]





1. This order may be cited as the Designation of Special Areas
within Country Parks (Consolidation) Order.

2. The areas of Crown land within country parks specified in the
Schedule are designated as special areas for the purposes of the
Ordinance.

SCHEDULE [para. 2.]

1. Shing Mun Fung Shui Woodland Special Area

The area of Crown land, situated within the Shing Mun Country Park, and
known as the Shing Mun Fung Shui Woodland delineated and bounded in green
and marked '2' on Plan No. CP/SM1A approved on 14 June 1977 by the
Governor in Council and deposited in the office of the Country Parks
Authority.

2. Tai Mo Shan Montane Scrub Forest Special Area

The area of Crown land, situated within the Shing Mun Country Park, and
known as the Tai Mo Shan Montane Scrub Forest delineated and bounded in
green and marked '1' on Plan No. CP SM1A approved on 14 June 1977 by
the Governor in Council and deposited in the office of the Country Parks
Authority.

3. Kat 0 Chau Special Area

The area of Crown land within the Plover Cove (Extension) Country Park,
comprising that part of Kat 0 Chau delineated in black and coloured pink on
Plan No. SA?KOC dated 22 August 1979 and deposited in the office of the
Country Parks Authority.

4. Pat Sin Range Special Area

That area of Crown land within the Pat Sin Leng Country Park, comprising
that part of Pat Sin Range delineated in black and coloured pink on Plan No.
SA/PSR dated 19 December 1979 and deposited in the office of the Country
Parks Authority.

5. Pak Tai To Yan Special Area

That area of Crown land within the Lam Tsuen Country Park, comprising
that part of Pak Tai To Yan delineated in black and coloured pink on Plan
No. SA/PTTY dated 19 December 1979 and deposited in the office of the
Country Parks Authority.

6. Lantau Peak Special Area

That area of Crown land within the Lantau South Country Park, comprising
that part of Lantau Peak delineated in black and coloured pink on Plan No.
SAILP dated 19 December 1979 and deposited in the office of the Country
Parks Authority.

7. Sunset Peak Special Area
That area of Crown land within the Lantau North and Lantau South Country
Parks, comprising that part of Sunset Peak delineated in black and coloured
pink on Plan No. SA/SP dated 19 December 1979 and deposited in the office
of the Country Parks Authority.





8. Pok Fu Lam Special Area

That area of Crown land within the Pok Fu Lam Country Park, comprising
that part of Victoria Peak and Pok Fu Lam delineated in black and coloured
pink on Plan No. SA/PFLA dated 26 February 1980 and deposited in the
office of the Country Parks Authority.

9. Ma On Shan Special Area

That area of Crown land within the Ma On Shan Country Park, comprising
that part of Ma On Shan delineated in black and coloured pink on Plan No.
SA/MOSB dated 26 February 1990 and deposited in the office of the Country
Parks Authority.

10. Chiu Keng Tam Special Area

That area of Crown land within the Plover Cove Country Park, comprising
that part of Chiu Keng Tam delineated in black and coloured pink on Plan No.
SA/CKT dated 26 February 1980 and deposited in the office of the Country
Parks Authority.

11. Ng Tung Chai Special Area

That area of Crown land within the Tai Mo Shan Country Park, comprising
that part of Ng Tung Chai valley delineated in black and coloured pink on
Plan No. SA/NTCA dated 26 February 1980 and deposited in the office of the
Country Parks Authority.
L.N. 204/77. L.N. 205/77. L.N. 239/79. L.N. 3/80. L.N. 52/80. Citation. Designation of Crown land as special areas. L.N. 204/77. L.N. 205/77. L.N. 239/79. L.N. 3/80. L.N. 52/80.

L.N. 204/77. L.N. 205/77. L.N. 239/79. L.N. 3/80. L.N. 52/80. Citation. Designation of Crown land as special areas. L.N. 204/77. L.N. 205/77. L.N. 239/79. L.N. 3/80. L.N. 52/80.

https://oelawhk.lib.hku.hk/items/show/2858

COUNTRY PARKS (DESIGNATION) (CONSOLIDATION) ORDER

COUNTRY PARKS (DESIGNATION)
(CONSOLIDATION) ORDER

(Cap. 208, section 14)

[30 June 1977.]


1. This order may be cited as the Country Parks (Designation)
(Consolidation) Order.

2. The areas shown in the approved maps specified in the Schedule
are designated country parks.

SCHEDULE [para. 2.]

1 Shing Mun Country Park

That area delineated and coloured pink on Plan No. CP/SM 1a approved on 14
June 1977 by the Governor in Council and deposited in the Land Office.

2. Kam Shan Country Park

That area delineated and coloured pink on Plan No. CP/KS1A approved on 14
June 1977 by the Governor in Council and deposited in the Land Office.

3. Lion Rock Country Park

That area delineated and coloured pink on Plan No CP,LRIA approved on 14
June 1977 by the Governor in Council and deposited in the Land Office.

4. Aberdeen Country Park

That area delineated and coloured pink on Plan No. CP1/Affl approved on 4
October 1977 by the Governor in Council and deposited in the Land Office.

5. Tai Tam Country Park

That area delineated and coloured pink on Plan No. CP1/TT1 approved on 4
October 1977 by the Governor in Council and deposited in the Land Office.

6. Sai Kung East Country, Park

That area delineated and coloured pink on Plan No. CP,'SK(E)A approved on
17 January 1978 by the Governor in Council and deposited in the Land Office.

7. Sai Kung West Country Park

That area delineated and coloured pink on Plan No. CP/SK(W)A approved on
17 January (978 by the Governor in Council and deposited in the Land Office.

8. Plover Cove Country Park

Those areas delineated and coloured pink on Plan No. CP[PC13 approved on
21 'March 1978 by the Governor in Council and deposited in the Land Office.

9. Lantau South Country Park

Those areas delineated and coloured pink on plan CP,~LT(S)A approved on 4
April 1978 by the Governor in Council and deposited in the Land Office.

10. Lantau North Country Park

Those areas delineated and coloured pink on plan CP/LT(N)c approved on 25






July 1978 by the Governor in Council and deposited in the Land Office.





11. Pal Sin Leng CountrY Park

That area delineated and coloured pink on plan CP ;PSLA approved on 25
July
1978 by the Governor in Council and deposited in the Land Office.

12. Tai Latn Country Park

Those areas delineated and coloured pink on map CP/TLb approved on 23
January 1979 by the Governor in Council and deposited in the Land Office.

13. Tai Mo Shan Country Park

Those areas delineated and coloured pink on map CP/TMSe approved on 23
January 1979 by the Governor in Council and deposited in the Land Office.

14. Lam Tsuen Country. Park

Those areas delineated and coloured pink on map CP/LTc approved on 23
January 1979 by the Governor in Council and deposited in the Land Office.

15. Ma On Shan Country Park

That area delineated and coloured pink on plan Cp/MOSE approved on 10
April 1979 by the Governor in Council and deposited in the Land Office.

16. Kiu Tsui Country Park

Those areas delineated and coloured pink on map CP/KT approved on 15 May
1979 by the Governor in Council and deposited in the Land Office.

17. Plover Cove (Extension) Country Park

Those areas delineated and coloured pink on map CP/PC(EXT) approved on
15 May 1979 by the Governor in Council and deposited in the Land Office.

18. Shek 0 Country Park

Those areas delineated and coloured pink on map CP/SO approved on 28
August 1979 by the Governor in Council and deposited in the Land Office.

19. Pokfulam Country Park

Those areas delineated and coloured pink on map CP/PEL approved on 28
August 1979 by the Governor in Council and deposited in the Land Office.

20. Tai Tam (Quarry Bay Extension) Country Park

Those areas delineated and coloured pink on map CP/TT(QBE) approved on
28 August 1979 by the Governor in Council and deposited in the Land Office.

21. Cleat. Water Bay Country Park

Those areas delineated and coloured pink on plan CP/CWBB approved on 18
September 1979 by the Governor in Council and deposited in the Land Office.
L.N. 148/77. L.N. 254/77. L.N. 33/78. L.N. 78/78. L.N. 90/78. L.N. 201/78. L.N. 202/78. L.N. 54/79. L.N. 110/79. L.N. 137/79. L.N. 227/79. L.N. 237/79. L.N. 207/86. Citation. Designation of country parks. L.N. 148/77. L.N. 254/77. L.N. 33/78. L.N. 78/78. L.N. 90/78. L.N. 201/78. L.N. 202/78. L.N. 54/79. L.N. 110/79. L.N. 137/79. L.N. 227/79. L.N. 207/86. L.N. 237/79.

L.N. 148/77. L.N. 254/77. L.N. 33/78. L.N. 78/78. L.N. 90/78. L.N. 201/78. L.N. 202/78. L.N. 54/79. L.N. 110/79. L.N. 137/79. L.N. 227/79. L.N. 237/79. L.N. 207/86. Citation. Designation of country parks. L.N. 148/77. L.N. 254/77. L.N. 33/78. L.N. 78/78. L.N. 90/78. L.N. 201/78. L.N. 202/78. L.N. 54/79. L.N. 110/79. L.N. 137/79. L.N. 227/79. L.N. 207/86. L.N. 237/79.

https://oelawhk.lib.hku.hk/items/show/2857

COUNTRY PARKS AND SPECIAL AREAS REGULATIONS

COUNTRY PARKS AND SPECIAL AREAS REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ..............................A2
2. Interpretation ........................A2
3. Application ...........................A 3
4. Prohibition on bringing vehicles into country parks and special areas A 3
5. Prohibition on bringing cattle, sheep, goats, etc. into country park or special
area .....................................A 3
6. Prohibition on carrying hunting or trapping appliances or arms A 3
7. Control of fires etc . ................A 4
8. Protection of vegetation and soil .....A 4
9. Control of trading ....................A 5
10. Prohibition on displaying signs, erecting buildings A 5
11. Control of meetings and various activities A 5
12. Prevention of nuisances ..............A 6
13. Closure of country parks and special areas A 7
14. Designated barbecue sites and camping sites A 7
15. Powers of inspection and seizure .....A 7
16. Authorized officers ..................A 8
17. Obstruction ..........................A 8
18. Permits ..............................A 8
19. Application to Crown servants and waterworks contractors A 9
20. Offences and penalties ...............A 9
Schedule. Fees ...........................A10





COUNTRY PARKS AND SPECIAL AREAS REGULATIONS
(Cap. 208, section 26)
[1 September 19771

L.N. 131 of 1977- R. Ed. 1977,41 of 1980, L.N. 299 of 1989

1. Citation

These regulations may be cited as the Country Parks and Special Areas

Regulations.

2. Interpretation

In these regulations, unless the context otherwise requires

'arms' includes

(a)any firearm of any description from which any shot, bullet or other
missile can be discharged;

(b)any air gun, air rifle or air pistol from which any shot, bullet or other
missile can be discharged; and

(c)any propelling or releasing instrument or mechanism from or by
which any shell, cartridge or projectile can be discharged, including a
bow and arrow or catapult;

,,authorized officer' means any person appointed by the Authority as an authorized
officer under regulation 16;

'designated barbecue site' and 'designated camping site' means a barbecue site or
camping site designated by the Authority under regulation 14;

'hunting or trapping appliance' means any net, gin, snare, poison or poisoned
weapon, bird lime, trap or bright light;

'plant' includes

(a) timber, trees and shrubs; and

(b)leaves, roots, flowers, fruit, tubers, bulbs, corms, stocks, cuttings,
layers, slips, suckers, seeds and any part of a plant;

'road' includes every highway, thoroughfare, street, lane, alley, court, square,
archway, passage, path, way and place to which the public have access, either
continuously or intermittently and either of right or by licence, whether the
same be the property of the Crown or otherwise;

,,soil' includes earth, sand, clay and peat;

,'vehicle' means any vehicle, whether mechanically propelled or otherwise, intended
or adapted for use on roads and includes a rickshaw but does not include a
perambulator or any conveyance for use solely on railways or tramways.





3. Application

These regulations shall apply to country parks and special areas.

4. Prohibition on bringing vehicles into

country parks and special areas

(1) Subject to subregulation (2), no person shall, except with the consent of the
Authority, bring into a country park or special area any vehicle or bicycle, or drive,
use or be in possession of any vehicle or bicycle within a country park or special
area.

(2) Subregulation (1) shall not apply-

(a)to any person driving, using or in possession of a vehicle or bicycle
on any road designated by the Authority for such purposes and so
marked by him or in any car park so designated; or

(b)to any person riding a bicycle within a country park or special area if
he is ordinarily resident within the park or special area.

(3) Any person who parks a vehicle in a car park designated by the Authority
shall pay such fee as is prescribed in the Schedule.

5. Prohibition on bringing cattle, sheep, goats,

etc. into country park or special area

(1) Subject to subregulation (2), no person shall, except in accordance with a
permit in writing granted by the Authority, bring into any country park or special
area or have control of within such park or area, any cattle, equines, sheep, goats,
pigs, dogs, cats or poultry.

(2) Subregulation (1) shall not apply-

(a)to a person who brings into a country park or special area a dog and
who keeps the dog under control while within the country park or
special area;

(b)to a person who rides or leads a horse along a path or track approved
by the Authority for such purpose and so marked by him;

(c)to a person who, being ordinarily resident within a country park or
special area, keeps any cattle, equines, sheep, goats, pigs, dogs, cats
or poultry on his own land or on land over which he has a right to
graze such animals or poultry.

6. Prohibition on carrying hunting

or trapping appliances or arms

No person shall, except in accordance with a permit in writing granted by the
Authority, within any country park or special area, carry, have in his possession, or
discharge any hunting or trapping appliance or arms.





7. Control of fires etc.

(1) No person shall within a country park or special area

(a)carry or have in his possession any lantern, cooking stove or other
similar apparatus which uses flame except in a designated barbecue
site or a designated camping site or when travelling from the country
park or special area boundary to such designated site or from such
site to the entrance;

(b)carry or have in his possession any flare, flame-gun, fire-balloon or
other similar device;

(c) light, or use any fire, or be a member of a group which uses a any
fire, whether or not lit by any person in the group, except in a
designated barbecue site or in a designated camping site; or

(d)discard any match, lighted cigarette, pipe ash or other substance in a
manner likely to cause a fire.

(2) The Authority may, if he considers it necessary in the interests of good
management so to do, prohibit the lighting or the use of fire in any country park or
special area or part thereof, including any designated barbecue site or a designated
camping site and display notices of such prohibition in English and in Chinese in
such prominent positions as he shall determine.

(3) Subregulation (1)(a) and (c) shall not apply to any person who, being
ordinarily resident within a country park or special area

(a)has in his possession any lantern, cooking stove or other similar
apparatus which uses flame within his dwelling place or its curtilage;

(b)carries any lantern, cooking stove or other similar apparatus which
uses flame from the boundary of the country park or special area to
his dwelling house or from his dwelling house to such entrance;

(c) lights or uses any fire within his dwelling house or its curtilage.

8. Protection of vegetation and soil

(1) Subject to subregulation (2), no person shall within a country park or special
area, except in accordance with a permit in writing granted by the Authority

(a)cut, pick or uproot any plant or part of a plant, whether living or
dead;

(b) dig, cultivate or disturb the soil; or

(c) sow or plant any seeds or plants, whether as a crop or not.

(2) Subregulation (1) shall not apply to a person who cuts, picks, uproots, digs,
cultivates or disturbs any plant, part of a plant or soil or who sows or plants any
seeds or plants under a Crown lease or a licence or permit granted





under the Crown Land Ordinance (Cap. 28) or a licence or lease issued by the
Commissioner of Mines.

9. Control of trading

(1) No person shall, except in accordance with a permit in writing granted by
the Authority

(a)bring into or allow to remain in any country park or special area any
commodity or article which is intended or is likely to be sold or let on
hire;

(b)within any country park or special area sell, or offer or expose for
sale, or let on hire, or offer or expose for letting on hire, any
commodity or article.

(2) Where an authorized officer believes that any person is likely to act in
contravention of subregulation (1)(a) he may take such steps as are reasonably
necessary to prevent that person from bringing in or allowing to remain in any
country park or special area any commodity or article.

(3) The Authority or an authorized officer may remove any person from a
country park or special area if he has reason to believe that such person has
contravened subregulation (1).

10. Prohibition on displaying signs, erecting buildings

(1) No person shall, within a country park or special area except in accordance
with a permit in writing granted by the Authority

(a) display any sign, notice, poster, banner or advertisement;

(b)construct or erect any building, hut or shelter or excavate any cave;

(c)construct or excavate any grave or deposit any human body in any
grave so constructed or excavated; or

(d) deposit any urn containing human remains.

(2) Where there has been a contravention of subregulation (1)(a) or (b), the
Authority may remove any sign, notice, poster, banner, advertisement, building, hut
or shelter or fill in any cave.

11. Control of meetings and various activities

(1) No person shall within a country park or special area, except in accordance
with a permit in writing granted by the Authority

(a)hold any public meeting or sporting competition, make any public
speech or address any public meeting;

(b)hold any event organized for the purpose of raising funds, whether
for charity or otherwise; or





(c) carry on any activity for the purpose of, or incidental to, any
business, except where such activity is otherwise permitted under
these regulations.

(2) No person shall within a country park or special area

(a) play any competitive team game; or

(b)operate any power driven model boat, power driven model aeroplane
or power driven model vehicle,

except in any area approved for the purpose by the Authority and marked by him
with signboards and markers.

(3) No person shall camp or erect a tent or temporary shelter within a country
park or special area except

(a)in accordance with a permit in writing granted by the Authority; and

(b) in a designated camping site.

12. Prevention of nuisances

(1) No person shall within a country park or special area-

(a)wilfully or negligently deface, injure, soil or defile any notice, marker,
fence, building, shelter, equipment or installation erected, used or
maintained by the Authority;

(b)wilfully or negligently obstruct or pollute in any way any stream,
water course, pool or body of water;

(c)deposit any litter, paper or rubbish, except into the bins or containers
provided for such purpose;

(d)cause a public disturbance, behave in an offensive or indecent
manner or be otherwise than properly clothed;

(e)spit, except into a Iatrine or into a channel or drain provided for the
carriage of sewage, sullage, waste water or excretal matter;

be under the influence of drugs;

(g)to the annoyance of any other person operate or play, or make any
sounds on, any musical or other instrument, including any
gramophone or radio apparatus, or sing any song or shout;

(h)beg or gather alms or, for the purpose of gathering alms, expose or
exhibit any sores, wounds or bodily ailments or deformity. (41 of
1980 s. 50)

(2) No offence under subregulation (1)(b) 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 (Cap 35418); or

or

(b)an exemption which arises under section 15 of that Ordinance. (41 of
1980 s. 50)











13. Closure of country parks and special areas

(1) The Authority may, if he considers it necessary in the interests of good
management, close to the public the whole or any part of a country park or
special area.
(2) A closure under subregulation (1) shall be effected by the Authority
displaying in such prominent positions as he shall determine notices in English
and in Chinese prohibiting entry to the park or area or to the part thereof that
has been closed.
(3) Subject to subregulation (6), where a notice has been displayed under
subregulation (2), no person shall-
(a)enter the country park or special area, or part thereof, that has
been closed;
(b)remain in such park, area or part after being requested to leave
by the Authority or an authorized officer; or
(c)knowingly remain in such park, area or part more than 12 hours
after the time when the notice was displayed.
(4) During the period when a country park or special area or part thereof
is closed any permit granted by the Authority under these regulations and
relating to that park or area, or part thereof, shall be suspended.
(5) Where a closure under subregulation (1) has extended, or is likely to
extend, beyond a period of 4 weeks, the Authority shall publish in the Gazette a
notice of the closure.
(6) Subregulation (3) shall not apply to any person ordinarily resident in
the country park or special area, or part thereof, which has been closed.

14. Designated barbecue sites and camping sites

The Authority may designate and set aside any place within a country park
or special area to be a barbecue site or camping site.

15. Powers of inspection and seizure

(1) A person to whom a permit under these regulations is granted shall,
on being so required by the Authority or an authorized officer, produce the
permit for inspection, together with means of identification.
(2) Where the Authority or an authorized officer has reason to believe
that a person has committed an offence under these regulations he may seize
any commodity, article or animal (other than a vehicle), whether in the
possession of such person or not, in respect of which the Authority or the
authorized officer has reason to believe that the offence was committed.
(3) Any animal seized under subregulation (2) shall be impounded under
the Pounds Ordinance (Cap. 168) as if it were a stray animal.





(4) Where any commodity or article has been seized under subregula-
tion (2) it shall, if perishable, be disposed of by the Authority, but otherwise
shall be dealt with in accordance with section 102 of the Criminal Procedure
Ordinance (Cap. 221).

16. Authorized officers

The Authority may appoint any public officer or class of public officer to
be an authorized officer for the purposes of these regulations; and an authorized
officer shall have such powers and discharge such duties as are conferred on or
imposed on authorized officers under these regulations.

17. Obstruction

Any person who obstructs the Authority or an authorized officer in the
lawful exercise of any power conferred by or the lawful discharge of any duty
imposed under these regulations commits an offence and is liable to a fine of
$5,000.

18. Permits

(1) An application for a permit under these regulations shall be made in
writing to the Authority and shall be accompanied by the appropriate fee
prescribed in the Schedule, except where a permit is to be issued free of charge.
(2) Upon receipt of an application under subregulation (1) and upon
payment of the fee (if any), the Authority may-
(a) grant a permit, subject to such conditions as he thinks fit; or
(b) refuse to grant a permit.
(3) A permit shall be valid for such period as may be stated thereon.
(4) A permit shall be revoked if the holder thereof---
(a)contravenes any regulation, whether or not he is convicted of an
offence under these regulations;
(b)contravenes or fails to comply with any condition subject to
which the permit was granted.
(5) If the Authority is satisfied that a permit has been lost, destroyed or
accidentally defaced, he may issue a duplicate thereof for which, in the case of a
permit for which a fee is charged, he shall pay either the original fee, as specified
in the Schedule or $50, whichever is the less.
(6) Any person who is aggrieved by the refusal, revocation or suspension
of a permit may, within 14 days after the receipt of the notice of refusal,
revocation or suspension appeal in writing to the Chief Secretary, who may
confirm, vary or set aside such refusal, revocation or suspension.





(7) The grant by the Authority of a permit to any person in respect of any act or
thing done under these regulations shall be without prejudice to any other licence,
permit or consent which that person may be required to obtain under any other
enactment.

19. Application to Crown servants

and waterworks contractors

(1) These regulations shall not apply to, and regulation 4 shall not apply in
respect of a vehicle or bicycle being used by

(a)any person in the public service of the Crown while he is within a
country park or special area acting in the course of his duties;

(b)any person, not being a person in the public service of the Crown,
who is authorized by the Water Authority to carry out the
construction, operation or maintenance of waterworks within a
country park or special area.

(2) In this regulation 'person in the public service of the Crown' means a
person who is

(a) a public officer;

(b) a member of Her Majesty's forces; or

(c) a member of-

(i) the Royal Hong Kong Regiment; (ii) the Royal
Hong Kong Auxiliary Air Force; (iii) the Royal Hong
Kong Auxiliary Police Force; (iv) the Essential
Services Corps.

20. Offences and penalties

(1) Any person who contravenes regulation 4, 5, 6, 8, 9, 10, 11, 12 or 13(3)
commits an offence and is liable to a fine of $2,000 and to imprisonment for 3 months
and, where the offence is a continuing offence to an additional fine of 100 for each
day during which the offence has continued.

(2) Any person who when driving a vehicle or riding a bicycle or horse within a
country park or special area refuses or wilfully fails to stop when called upon to do
so by an authorized officer acting in the course of his duties commits an offence and
is liable to a fine of $2,000 and to imprisonment for 3 months.

(3) Any person who contravenes regulation 7(1) or, when the Authority has
prohibited the use of fire under regulation 7(2), any person who lights or uses any
fire in any country park or special area in contravention of such prohibition, commits
an offence and is liable on conviction to a fine of $5,000 and to imprisonment for 1
year.

(4) If a person who is required under regulation 15(1) to produce a permit fails,
without reasonable excuse, to do so, that person commits an offence and is liable to
a fine of $1,000.





SCHEDULE [regs. 4 181

FEES

Regulation Description Fee
4(3) Fee for parking a vehicle in a designated car park in a country

park or special area ........Nil

5(1) Permit to bring cattle, equines, sheep, goats, pigs, dogs, cats or

poultry into a country park or special area Nil

6 Permit to carry, possess or discharge any hunting or trapping

appliance or arms ...........Nil

8(1)Permit to cut, pick or uproot any plant or part thereof, to dig,
cultivate or disturb the soil or to sow or plant any seeds or

plants ......................Nil

9(1)...............................Permit to sell or let on hire any commodity or article $420 for each
...............................month or part
...............................thereof

10(1)(a) Permit to display any sign, notice, poster, banner or
advertisement .....................$100 for each
...................................month or part
...................................thereof
10(1)(b) Permit to construct or erect any building, hut or shelter or
excavate any cave .................$100 for each
...................................building, hut,
...................................shelter or cave
1 0(1)(c) Permit to construct or excavate any grave or deposit any human
body in a grave ...................Nil
10(1)(d) Permit to deposit any urn containing human remains Nil
11 (1)(a) Permit to hold any public meeting or sporting competition,
make any public speech or address any public meeting $200 for each
...................................event
11 (1)(b) Permit to hold any event organized for the purpose of raising
funds, whether for charity or otherwise $200 for each

event

11(1)(c) Permit to carry on any activity for the purpose of, or incidental
to, any business ..................$100 per day
11 (3)(a) Permit to camp or to erect a tent or temporary shelter at a
designated camping site ...........Nil

(L.N. 299 of 1989)

https://oelawhk.lib.hku.hk/items/show/2856

COUNTRY PARKS ORDINANCE

LAWS OF HONG KONG

COUNTRY PARKS ORDINANCE

CHAPTER 208





CHAPTER 208

COUNTRY PARKS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINAR
Y

1. Short title...............1 ........ ... ... ... ... ... ... ... ... 3
2. Interpretation...... 1 ............ ... ... ... ... ... ... ... ... ... ... 3

PART II

DUTIES OF AUTHORITY AND
ESTABLISHMENT OF

COUNTRY PARKS BOARD
3................................Control and management of country parks and special areas ... ... ... ... 3

4................Duties of the Authority ...... ... ... ... ... ... ... ... ... ... ... 4

5.......................Establishment of Country Parks Board ... ... ... ... ... ... ... 4

6............................Transaction of business by circulation of papers ... 5

7.....................Power of Governor to give directions ... ... ... ... ... ... ... ... ... 5

PART III

DESIGNATION OF COUNTRY
PARKS

8................Preparation of draft maps ... ... ... ... ... ... ... ... ... ... ... 5
9................Inspection of draft map ... ... ... ... ... ... ... ... ... ... 6

10...........................Effect of publication of notice under section 9(1) ... ... ... ... ... ... 6

11,........Objections ................... ... ... ... ... ... ... ... ... ... 7

1 Submission of draft map to Governor in Council ... ... ... ... ... ... 8

13. Power of Governor in Council upon submission of draft map ... ... ... ... 8

14..................Designation of country parks ... ... ... ... ... ... ... ... ... ... 8

15,..........................Replacement or amendment of approved maps ... ... ... ... ... ... 8

PART IV

CONTROL OF LAND IN COUNTRY
PARKS

16.......................Control of use of land in country park ... ... ... ... ... ... ... 9
17.......................Objection to notice under section 16(2) ... ... ... ... ... ... ... 10

PART V

COMPENSATION

18.......................No remedy except under this Ordinance ... ... ... ... ... ... ... ... 11







19...........Compensation .....1 .............. ... ... ... ... ... ... ... 11

20................Claims for compensation .... ... ... ... ... ... ... ... ... 13

21................Interest on compensation .... ... ... ... ... ... ... ... ... ... ... 13

22......................................Compensation to be paid from funds provided by the Legislative Council ... 13

23. Payment when claimant absent etc . ... ... ... ... ... ... ... ... ... ... 13





Section Page

PART VI

SPECIAL AREAS

24................Designation of special areas ... ... ... ... ... ... ... ... ... 14

PART VII
EXCLUSIONS
25. Exclusions from country parks and special areas ... ... ... ... ... ... ... 14

PART VIII

MISCELLANEOUS

26.........Regulations ........................ ... ... ... ... ... ... ... ... ... 14
27.........Powers of arrest ................... ... ... ... ... ... ... ... ... ... 16
28.........Powers of entry..................... ... ... ... ... ... ... ... ... ... 16





CHAPTER 208

COUNTRY PARKS

To provide for the designation, control and management of country
parks and special areas, the establishment of the Country Parks
Board, and for purposes connected therewith.

[16 August 1976.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Country Parks Ordinance.

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

'Authority' means the Director of Agriculture and Fisheries;

'Board' means the Country Parks Board established under section 5;

'country park' means any area that is designated as a country park
under section 14;

'leased land' means any land which is

(a) held under a Crown lease or a tenancy granted by the
Crown or any agreement for such a lease or tenancy;

(b) vested in any person by an Ordinance; or

(c) occupied under-

(i) a licence issued under section 5 of the Crown Land
Ordinance;

(ii) a licence or permit granted or issued under any other
Ordinance; or

(iii) a deed or memorandum of appropriation;

'special area' means any area designated as such under section 24.

PART 11

DUTIES OF AUTHORITY AND ESTABLISHMENT OF COUNTRY PARKS
BOARD

3. Subject to this Ordinance, the control and management of
country parks and special areas are vested in the Authority.





4. It shall be the duty of the Authority-

(a)to make recommendations to the Governor for the designation
of areas as country parks or special areas;

(b) to develop and manage country parks and special areas;

(e)to take such measures in respect of country parks and special
areas as he thinks necessary

(i) to encourage their use and development for the
purposes of recreation and tourism;

(ii) to protect the vegetation and wild life inside country
parks and special areas;

(iii) to preserve and maintain buildings and sites of historic
or cultural significance within country parks and special areas
but without prejudice to the Antiquities and Monuments
Ordinance; and

(iv) to provide facilities and services for the public
enjoyment of country parks and special areas;

(d) generally to administer this Ordinance.

5. (1) There is hereby established a Country Parks Board which
shall

(a)act as a consultative body to advise the Authority upon any
matter referred to it by the Authority;

(b)consider and to advise the Authority on, the policy and
programmes prepared by the Authority in respect of country
parks and special areas, including proposed country parks
and special areas; and

(c)consider any objections that may be lodged under section 11
or section 17.

(2) The Board shall consist of-

(a) the Authority, who shall be the Chairman; and

(b) not less than 10 other members, of whom not less than 5 shall
be public officer

(3) The members of the Board, other than those members who are
public officers, shall be appointed for a period of 2 years or for such
lesser period as the Governor may in any particular case determine and
shall be eligible for re-appointment.

(4) Any member of the Board who is not a public officer may at any
time by notice in writing to the Governor resign from the Board.

(5) 5 members of the Board shall form a quorum at any meeting
thereof.

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





Provided that if at any meeting the Chairman is absent there
shall preside such member of the Board as shall be elected from
among those present at the meeting.

(7) The Board may appoint committees for the better dis-
charge of its functions under this Ordinance and a committee so
appointed may include persons who are not members of the Board:

Provided that at least two-thirds of the members of every
committee shall be members of the Board.

(8) The Authority shall appoint a public officer to be the
Secretary of the Board.

(9) If a member of the Board has any pecuniary interest,
whether direct or indirect, in any matter before the Board, he shall
disclose the fact and nature of his interest at a meeting of the Board
and, if so required by the Board, shall withdraw from the meeting at
which the Board is considering the matter and in any case shall not
vote thereon.

(10) Subject to this Ordinance the Board and any committee
thereof may determine its own procedure at meetings.

6. (1) The Board may transact any of its business by circula-
tion of papers, and, subject to subsections (2) and (3), a resolution in
writing which is approved in writing by a majority of the members
shall be as valid and effectual as if it had been passed at a meeting of
the Board by the votes of the members so approving the resolution.

(2) Any member of the Board may, by notice in writing to the
Chairman, require any business which is being transacted by circula-
tion of papers to be transacted at a meeting of the Board.

(3) Where a notice under subsection (2) has been given to the
Chairman, any resolution in respect of the business the subject of the
notice which has been approved in writing by a majority of the
members under subsection (1) shall be void.

7. (1) The Governor may give such directions as he thinks
fit, either generally or in any particular case, with respect to the
exercise or performance by the Authority or a public officer of any
powers, functions or duties under this Ordinance.

(2) The Authority and every public officer shall, in the exercise
or performance of any powers, functions or duties under this
Ordinance comply with any directions given by the Governor under
subsection (1).

PART 111

DESIGNATION OF COUNTRY PARKS

8. (1) The Authority shall, at the direction of the Governor,
prepare draft maps showing proposed country parks.





(2) Any map prepared under subsection (1) shall, to the extent that
it is practicable, show or make provision for such facilities and services
as the Authority considers appropriate for the country park.

(3) The Authority may, in conjunction with any draft map prepared
under subsection (1), prepare explanatory material relating to the map,
which may be in the form of diagrams, illustrations, notes or descriptive
matter; and any such explanatory material shall be part of the map.

(4) The Authority shall consult the Board on the preparation of any
draft map under this section.

9. (1) Where the Authority has prepared a draft map under section
8, he shall publish in the Gazette a notice in English and in Chinese

(a)containing a general description of the area shown in the draft
map;

(b)giving particulars of the places and times at which a copy of
the map may be inspected by the public; and

(e)specifying the time within which, and the manner in which,
objections to the draft map may be made.

(2) Where the Authority publishes a notice under subsection (1)
he shall

(a)publish a copy of the notice in 3 issues of one English
language and 2 Chinese language daily newspapers; and

(b)display a copy of such notice in some conspicuous part of the
proposed country park.

(3) A copy of a draft map shall be available for inspection by the
public free of charge at such offices of the Government as the Authority
thinks fit for a period of 60 days from the date of publication of a notice
under subsection (1) and during the hours when those officers are
normally open to the public.

(4) The Authority shall supply a copy of the draft map upon
payment of such fee as the Authority may determine.

10. (1) After the publication of a notice by the Authority under
section 9(1), no new development shall be carried out within the area of
the proposed country park shown in the draft map without the prior
approval of the Authority.

(2) The granting of approval by the Authority under subsection (1)
shall be in addition to any other approval which may be required in
respect of the new development.

(3) For the purposes of this section-

'development' means the carrying out of building, engineering, mining
or other similar operations in, on, over or under land or the making
of any material change in the use of any buildings or other land
other than





(a)the carrying out of works for the maintenance, improve-
ment or alteration of any building;

(b)the use of any land for the purpose of agriculture, forestry
or fisheries and the use for any of those purposes of any
building occupied together with land so used;

(c)the use of any buildings or other land within the curtilage
of a dwelling house for any purpose incidental to the
enjoyment of dwelling house as such; or

(d)the carrying out of any works for the purpose of inspect-
ing, repairing or renewing any sewer, mains, pipes, cables
or other apparatus;

'new development' means any development other than develop-
ment in respect of which all the necessary approvals and per-
missions had been obtained prior to the date of publication in
the Gazette of a notice under section 9(1).

11. (1) Any person aggrieved by a draft map available for
inspection under section 9 may within the period of 60 days referred
to in section 9(3) send to the Authority and to the Secretary of the
Board a written statement of his objection to the draft map.

(2) A written statement under subsection (1) shall set out-

(a) the nature of and reasons for the objection; and

(b)if the objection would be removed by an alteration to the
draft map, any alteration proposed.

(3) Where the Authority receives a written statement of objec-
tion under subsection (1), he may within 30 days of receipt of the
objection send to the Secretary of the Board his written representa-
tions concerning such objection.

(4) Upon receipt of an objection under subsection (1) and any
representations by the Authority under subsection (3), the Secretary
of the Board shall fix a time and place for the hearing of the objec-
tion by the Board and shall give 14 clear days' notice thereof to the
objector.

(5) The objector may attend the meeting of the Board at which
the objection is to be heard, and may be heard in person or by his
authorized representative.

(6) Upon the hearing of an objection, the Board may-

(a) reject the objection in whole or in part; or

(b)direct the Authority to make amendments to the draft map
to meet such objection in whole or in part.

(7) Where the Board rejects the objection under subsection
(6)(a), the Secretary of the Board shall notify in writing the objector
of the Board's decision.





12. The Authority shall, within 6 months from the last day of the
period during which objections may be lodged, submit the draft map to
the Governor in Council for approval, and shall at the same time submit

(a)a schedule of objections and representations made under
section 11; and

(b)a schedule of the amendments made by the Authority
pursuant to a direction under section 11(6)(b) with a view to
meeting such objections.

13. (1) Upon submission of a draft map under section 12, the
Governor in Council shall

(a) approve the draft map;

(b) refuse to approve it; or

(e)refer it to the Authority for further consideration and
amendment.

(2) Where the Governor in Council refuses to approve a draft map
under subsection (1)(b), the Authority shall as soon as possible after
such refusal give notice in the Gazette of such refusal.

(3) The Governor in Council may by order published in the Gazette
correct any omission from or error in any map approved by him.

(4) Every map approved by the Governor in Council shall be signed
by the Authority and shall be deposited in the Land Office and if the
map relates to the New Territories certified copies of such approved
maps shall be deposited in each District Land Office in the New
Territories.

(5) The deposit of maps under subsection (4) shall be notified in
the Gazette.

(6) The Authority shall supply a copy of an approved map to any
person upon payment of such fee as the Authority may determine.

14. Where the Governor in Council has approved a draft map under
section 13 and it has been deposited in the Land Office, the Governor
shall, by order in the Gazette, designate the area shown in the approved
map to be a country park.

15. (1) The Governor in Council may refer any map approved by
him under section 13 to the Authority for replacement by a new map or
for amendment.

(2) Upon any reference under subsection (1), sections 8 to 14 shall
apply in respect of a new map in replacement of the map referred to or
any amendment to the map referred in like manner





as they applied to the map it replaces or amends; and where the
reference is in respect of an amendment the word 'map' in sections 8 to
14 shall be construed as referring to the map showing the amendment.

(3) A map referred to the Authority shall be replaced by the new
approved map or read as one with any approved amendment as the case
may be.

(4) The Land Officer shall endorse accordingly the map deposited
under section 13 which has been replaced or amended and shall cause
the copies of the maps deposited in the District Land Offices to be
similarly endorsed.

PART IV

CONTROL OF LAND IN COUNTRY PARKS

16. (1) Notwithstanding any Ordinance or the terms of any lease or
agreement for a lease, in any case where the Authority is of the opinion
that any use or proposed use of any leased land by the occupier within
a country park would substantially reduce the enjoyment and amenities
of the country park as such, he may request the appropriate Land
Authority to exercise the powers conferred by this section.

(2) Where the Land Authority receives a request under subsection
(1), he may, by notice in writing

(a)require the occupier, within such period, not being less than 3
months, as the Land Authority may determine, to discontinue
or modify the use; or

(b)prohibit the occupier from proceeding with the proposed use
or, within such period, not being less than 3 months, as the
Land Authority may determine, require the occupier to modify
the proposed use,

so as to avoid the enjoyment and amenities of the country park being
substantially reduced; and where the occupier is not the Crown lessee,
the Land Authority shall, where practicable, serve on the Crown lessee
a copy of the notice given to the occupier.

(3) A notice under subsection (2) shall notify the occupier, and
where the occupier is not the Crown lessee, the Crown lessee, of his
right to object under section 17.

(4) An occupier who fails to comply with the requirements of a
notice given to him under subsection (2) shall be guilty of an offence
and shall be liable to a fine of $5,000 and, in addition, to a fine of $100 for
each day during which the offence has continued.

(5) Where an occupier or Crown lessee objects under section 17
the operation of the notice against which he is objecting shall be
suspended until the final determination of the objection.





(6) Notwithstanding any proceedings which may be taken
under subsection (3), where the requirements of a notice under
subsection (2) are not complied with, the leased land which is the
subject of the requirements may be resumed in accordance with the
Crown Lands Resumption Ordinance, and for the purposes of
section 3 of that Ordinance it shall be deemed that the resumption
of such land is required for a public purpose.

(7) In this Part 'Land Authority' means-

(a)in relation to leased land within a country park situated in
the New Territories, the Director of Buildings and Lands;
and (Amended, L.N. 370181; L.N. 76182 and L.N. 94186)

(b)in relation to leased land within a country park in Hong
Kong other than the New Territories, the Director of Build-
ings and Lands. (Amended, L.N. 76182 and L.N. 94186)

17. (1) Where a notice is served on an occupier or Crown
lessee under section 16(2) in respect of the use or proposed use of any
land held by him-

(a) under a Crown lease or any agreement for such lease; or

(b) under any Ordinance,

he may, within 1 month of the service on him of such notice, send to
the Authority, the Land Authority and to the Secretary of the Board
a written statement of objection to the notice.

(2) A written statement under subsection (1) shall set out the
nature of and reasons for the objection.

(3) Where the Authority and the Land Authority receive a
written statement under subsection (1) they may within 14 days of
receipt of the statement send to the Secretary of the Board their
written representations concerning such objection.

(4) Upon receipt of a written statement under subsection (1)
and any representations under subsection (3), the Secretary of the
Board shall fix a time and place for the hearing of the objection by
the Board and shall give 14 clear days' notice thereof to the objector.

(5) The objector may attend the meeting of the Board at which
the objection is to be heard, and may be heard in person or by his
authorized representative.

(6) Upon the hearing of the objection, the Board may-

(a) reject the objection;

(b) uphold the objection; or

(c)direct the Land Authority to amend the notice served
under section 16(2).





(7) Where the Board rejects the objection or directs the Land
Authority to amend the notice the Secretary shall notify the objector in
writing of the Board's decision and shall also notify the objector of his
right of appeal under subsection (8).

(8) Any objector aggrieved by the Board's decision may appeal by
way of petition to the Governor within 1 month of being notified of the
Board's decision.

(9) Upon consideration of a petition under subsection (8) the
Governor may

(a)direct the Land Authority to withdraw or amend the notice
served under section 16(2); or

(b)direct that the petition be referred to the Governor in Council.

(10) The Governor in Council, upon considering a petition referred
to him under subsection (9) may

(a)direct the Land Authority to withdraw or amend the notice
served under section 16(2); or

(b) dismiss the petition.

(11) The decision of the Governor or the Governor in Council shall
be final.

PART V

COMPENSATION

18. (1) No compensation shall be paid to the owner of, or to any
person interested in, any land because it is situated within or is affected
by a country park.

(2) No action, claim or proceedings shall lie or be brought against
the Crown or any other person to recover damages, compensation or
costs for

(a)damage or disturbance to or loss of or in the value of any
land, chattel, trade or business;

(b) personal disturbance or inconvenience;

(c) extinguishment, modification or restriction of rights; or

(d) the costs of affecting or complying with any requirement,

which is authorized or imposed by or under this Ordinance or arises
from any act or omission so authorized, except in pursuance of the
rights to compensation provided for in section 19.

19. (1) Where-

(a)the Authority refuses approval under section 10 for the
carrying out of new development on any land; or





(b)the occupier of land within a country park discontinues or
modifies the use or ceases to proceed with or modifies the
proposed use of that land in accordance with a notice given to
him under section 16(2),

and such new development or use is permitted by or under the terms of
any lease or agreement for a lease under which the land is held

(i)in the case of loss, damage or cost under paragraph (a), the
owner of the land; and

(ii) in the case of loss, damage or cost under paragraph (b), any
person owning a compensatable interest in the land,

shall have the right to claim compensation from the Crown to the extent
of the loss, damage or cost suffered or incurred by him as assessed
under this Part.

(2) The basis on which compensation is to be assessed shall be

(a)in the case of a claim for loss, damage or cost under
subsection (1)(a), the amount by which the value of the land is
reduced on account of the refusal to approve the carrying out
of new development; and

(b)in the case of a claim for loss, damage or cost under
subsection (1)(b)

(i) the amount by which the value of the land is reduced;
and

ii) the amount which might fairly and reasonably be
estimated as the loss of the claimant in respect of works
necessary to effect the discontinuance, cessation or
modification of the use or proposed use,

on account of the requirement to discontinue or modify or the
prohibition.

(3) In the assessment of compensation no account shall be taken of
any increase or decrease in the value of land to which the compensation
relates which is attributable to

(a)the land being within an area of a proposed country park
shown on a draft map prepared under section 8; or

(b) the land being within a country park.

(4) For the purposes of this section the value of land shall be such
value as would be assessed under the Crown Lands Resumption
Ordinance if the land were to be resumed under that Ordinance.

(5) In this section 'compensatable interest' means the estate or
interest of

(a)a person having an unexpired term in land (including any
further term which could be obtained as of right) of not less
than one month or a tenancy or sub-tenancy terminable
(where by virtue of an Ordinance or otherwise) by either party
by not less than one month's notice;





(b) a mortgagee in possession;

(c)the holder of a valid or subsisting option to purchase an
interest referred to in (a) or (d);

(d)a purchaser under an agreement for sale and purchase to
whom the benefit of an interest referred to in (a) or (c) has
already passed.

20. (1) Any person claiming compensation under section 19
shall submit a claim in writing to the Authority stating the nature of
his estate or interest in the land and the amount which he seeks to
recover.

(2) A person claiming compensation under section 19 shall
submit his claim to the Authority within 1 year of the refusal to
approve new development or of the receipt of a requirement to
discontinue or modify the use or proposed use, as the case may be,
or within such further period as the Authority may allow.

(3) If any such person and the Authority do not agree, within
3 months from the submission of the claim under subsection (1), as
to the amount of compensation (if any) to be paid, either party may
submit the claim to the Lands Tribunal for determination of the
amount of compensation (if any) to be paid.

(4) The Lands Tribunal shall determine the amount of com-
pensation payable in respect of a claim submitted to it under
subsection (3) in accordance with section 19.

21. The Lands Tribunal may direct that interest be paid on
compensation (but not on costs) from such date and for such period
as it thinks fit, at the lowest rate paid from time to time by members
of the Exchange Banks Association on time deposits or at such other
rate as may be determined by resolution of the Legislative Council.

22. All compensation, including interest thereon and costs,
shall be paid from such money as may be provided from time to time
by the Legislative Council.

23. If a claimant to whom compensation is payable, either by
agreement or following an award by the Lands Tribunal,-

(a) is absent from Hong Kong;

(b) cannot be found;

(c)within 3 months of an agreement for or award of compen-
sation makes no claim for payment; or

(d)in the opinion of the Authority is unable to give an
effectual discharge for the compensation,





the Authority may direct payment of the compensation to be made to
such other person on behalf of the claimant as he shall think proper,
subject to such conditions as he thinks fit, and the receipt of the person
to whom payment is made shall be a valid and effectual discharge for the
compensation in the same manner as if payment had been made to the
claimant.

PART VI

SPECIAL AREAS

24. (1) The Governor may by order in the Gazette designate any
area of Crown land outside a country park as a special area for the
purpose of this Ordinance.

(2) The Authority may, on the advice of the Board, by order in the
Gazette, designate any area of Crown land within a country park as a
special area for the purposes of this Ordinance.

(3) In this section 'Crown land' means any land which is not
leased land.

PART VII

EXCLUSIONS

25. The Governor may by order in the Gazette exclude from any
country park or special area

(a)village areas, traditional burial grounds, temples and other
religious buildings;

(b)any area in respect of which a lease is issued or to be issued
by the Director of Buildings and Lands, after consultation
with the Authority, for the purposes of recreation or tourism;
and (Amended, L.N. 370181; L.N. 76182 and L.N. 94186)

(c)any place, building, site or structure that has been declared a
monument under section 3 of the Antiquities and Monuments
Ordinance.

PART VIII

MISCELLANEOUS

26. (1) The Governor in Council may make regulations to provide
for

(a)the proper management and control, including closure or
partial closure, of country parks and special areas;





(b)prohibiting or restricting the entry into, or movement
within, country parks and special areas of persons, vehicles,
boats and animals;

(e)the preservation of good order and prevention of abuses
and nuisances within country parks and special areas;

(d)the fees or charges payable in connexion with the use of
any country park or special area or any part thereof or in
connexion with the use of any amenities or facilities
provided therein;

(e)prohibiting or restricting the killing, hunting, trapping,
molesting or disturbance of any form of wild life within a
country park or special area, the taking of, destruction of
or interference with vegetation within a country park or
special area or the doing of anything therein which will
interfere with the soil;

prohibiting or restricting the lighting of fires within a
country park or special area and the prevention of fire
hazards;

(g)prohibiting or controlling the use of a country park or
special area for-
(i) picnicking;
(ii) barbecuing;
(iii) camping;
(iv) swimming;
(v) hawking;
(vi) advertising;
(vii) fishing; and
(viii) any other similar activities;

(h)the seizure and disposal of any vehicle, boat, animal or
other article or thing in respect of which any regulation
made under this section is contravened;

(i)the issue by the Authority on such terms and subject to
such conditions as the Authority may personally deter-
mine, of permits authorizing the entry into a country park
or special area or the doing of anything therein which
would otherwise be unlawful; and

(j) generally the purposes of this Ordinance.

(2) Regulations made under this section shall not derogate
from or adversely affect any rights attached to any land within a
country park or special area.

(3) Regulations made under this section may provide that a
contravention or breach thereof shall be an offence punishable by a
fine not exceeding $5,000 and imprisonment for a term not exceed-
ing 1 year and where the offence is a continuing offence, punishable
by a daily fine not exceeding $100 in addition to the penalties
imposed in relation to that offence.





27. (1) Any public officer or class of public officers authorized in
writing by the Authority in that behalf may without warrant arrest any
person whom he reasonably suspects of having committed any offence
under the regulations.

(2) Any public officer who arrests any person under subsection (1)
shall take the person to a police station or, if further inquiries are
necessary, first to an office of the Authority and then to a police
station, there to be dealt with in accordance with the Police Force
Ordinance:

Provided that in no case shall any person be detained for more
than 48 hours without being charged and brought before a magistrate.

(3) If any person forcibly resists or attempts to evade arrest under
this section, the public officer arresting him may use such force as is
reasonably necessary to effect the arrest.

28. (1) For the purpose of-

(a)surveying any land in connexion with the preparation of a
draft map under section 8;

(b) 'ascertaining whether any new development is being carried out
on any land;

(c)ascertaining whether the use or proposed use of any land
within a country park would substantially reduce the
enjoyment or amenities of the country park as such; or

(d)surveying any land or estimating its value in connexion with
any claim for compensation under section 19,

any public officer authorized in writing by the Authority in that behalf
may enter upon that land at all reasonable times.

(2) Any person who wilfully obstructs any public officer lawfully
exercising his powers under this section shall be guilty of an offence
and shall be liable on conviction to a fine of $5,000 and to imprisonment
for 1 year.
Originally 10 of 1976. L.N. 370/81. L.N. 76/82. L.N. 94/86. L.N. 204/76. Short title. Interpretation. (Cap. 28.) Control and management of country parks and special areas. Duties of the Authority. (Cap. 53.) Establishment of Country Parks Board. Transaction of business by circulation of papers. Power of Governor to give directions. Preparation of draft maps. Inspection of draft map. Effect of publication of notice under section 9(1). 1971 c. 78, s. 22(1) & (2). Objections. Submission of draft map to Governor in Council. Power of Governor in Council upon submission of draft map. Designation of country parks. Replacement or amendment of approved maps. Control of use of land in country park. (Cap. 124.) Objection to notice under section 16(2). No remedy except under this Ordinance. Compensation. (Cap. 124.) Claims for compensation. Interest on compensation. Compensation to be paid from funds provided by the Legislative Council. Payment when claimant absent etc. Designation of special areas. Exclusions from country parks and special areas. (Cap. 53.) Regulations. Powers of arrest. (Cap. 232.) Powers of entry.