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<![CDATA[Historical Laws of Hong Kong Online]]> https://oelawhk.lib.hku.hk/items/browse/page/29?output=rss2 Mon, 08 Jun 2026 04:27:29 +0800 webadmin@lib.hku.hk (Historical Laws of Hong Kong Online) Zend_Feed http://blogs.law.harvard.edu/tech/rss <![CDATA[TELECOMMUNICATION (HONG KONG TELEPHONE COMPANY) (EXEMPTION FROM LICENSING) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2466

Title

TELECOMMUNICATION (HONG KONG TELEPHONE COMPANY) (EXEMPTION FROM LICENSING) ORDER

Description






TELECOMMUNICATION (HONG KONG TELEPHONE
COMPANY) (EXEMPTION FROM LICENSING) ORDER

(Cap. 106, section 39)

[5 October 1979.]

1. This order may be cited as the Telecommunication (Hong Kong
Telephone Company) (Exemption from Licensing) Order.

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

'company' means the Hong Kong Telephone Company Limited.

3. The following persons are exempted, to the extent specified, from
the obligation to hold a licence under section 8(1)(a) of the Ordinance

(a)the company, subject to the conditions specified in paragraph
4, to the extent that it establishes or maintains a means of
telecommunication by the use of any part of the public
telephone system maintained and operated under the
Telephone Ordinance

(i) for any non-telephonic service other than that covered
by an exclusive licence issued under sections 7 and 34 of the
Ordinance; and

(ii) for the provision of circuits for services provided under
an exclusive licence or other licence issued or deemed to be
issued under the Ordinance; and

(b)any person to the extent that he possesses or uses apparatus
connected to the public telephone system for the use of any
service referred to in sub-paragraph (a)(i):

Provided that nothing in this sub-paragraph shall exempt
any person from the obligation to hold such a licence where
such apparatus is used by him for the purpose of providing a
service to the public by any means of telecommunication.

4. The company shall-

(a)establish and maintain the services and circuits referred to in
paragraph 3(a) to the satisfaction of the Authority; and

(b)not directly or indirectly fix, levy or make payable any charge,
for any such service or circuit greater than the appropriate
charge in accordance with such scale of charges as may, from
time to time, be specified by the Authority by order published
in the Gazette.
L.N. 245/79. L.N. 79/87. Citation. L.N. 79/87. Interpretation. Exemption. (Cap. 269.) L.N. 79/87. Conditions.

Abstract

L.N. 245/79. L.N. 79/87. Citation. L.N. 79/87. Interpretation. Exemption. (Cap. 269.) L.N. 79/87. Conditions.

Identifier

https://oelawhk.lib.hku.hk/items/show/2466

Edition

1964

Volume

v8

Subsequent Cap No.

106

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:27 +0800
<![CDATA[TELECOMMUNICATION (CLOSED CIRCUIT TELEVISION SYSTEMS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2465

Title

TELECOMMUNICATION (CLOSED CIRCUIT TELEVISION SYSTEMS) REGULATIONS

Description






TELECOMMUNIICATION (CLOSED CIRCUIT
TELEVISION SYSTEMS) REGULATIONS
(Cap 106, section 37)
[23rd November, 1973]

1. These regulations may be cited as the Telecommunication
(Closed Circuit Television Systems) Regulations.

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

'operator' means the person operating a system;

'system' means a closed circuit television system in respect of which a
licence under the Ordinance is not required by virtue of section
8(4)(f) thereof.

3. (1) Any person who intends to operate a system shall first notify
the Authority in writing of

(a) his name and address;

(b)the address of the premises at which he intends to operate the
system;

(c)the number, type and location of the television transmitter unit
and television reception units comprising the system;

(d) the technical description of the system; and

(e) the purpose for which the system is to be operated.

(2) Any person who, at the commencement of these regulations, is
operating a system shall, within one month after the commencement of
these regulations, notify the Authority of the particulars specified in
paragraph (1).

4. An operator shall notify the Authority in writing of any change
in the particulars notified under regulation 3 or in accordance with this
regulation.

5. An operator shall-

(a)operate his system in such a manner as not to cause
interference with any other means of telecommunication; and

(b)comply with any direction given by the Authority for the
purpose of avoiding any such interference.

6. An operator shall permit any public officer authorized by the
Authority to inspect the system at all reasonable times.





7. An operator shall forthwith furnish to the Authority any
information required by the Authority in connexion with the
operation of the system.

8. (1) An operator shall not use any instrument, apparatus
or material on, or connect or apply any electrical currents to, any
part of the system if the same interferes, or is likely to interfere,
with the working of any other means of telecommunication.

(2) An operator shall, on receipt of a notice in writing from
the Authority, disconnect or remove any part of the system which,
in the opinion of the Authority, is interfering, or is likely to inter-
fere, with the working of any other means of telecommunication.

9. Any person who contravenes any of the provisions of
regulation 3, 4, 5, 6, 7 or 8 shall be guilty of an offence and shall
be liable on conviction to a fine of two thousand dollars and to
imprisonment for six months.
L.N. 214/73. Citation. Interpretation. Operator to notify the Authority. Operator to notify Authority of any change of particulars. Operator's obligations in operating and maintaining a system. Operator to keep system available for inspection. Operator to furnish information to Authority on request. Prohibition on the use of certain instruments, apparatus, material and currents. Offences.

Abstract

L.N. 214/73. Citation. Interpretation. Operator to notify the Authority. Operator to notify Authority of any change of particulars. Operator's obligations in operating and maintaining a system. Operator to keep system available for inspection. Operator to furnish information to Authority on request. Prohibition on the use of certain instruments, apparatus, material and currents. Offences.

Identifier

https://oelawhk.lib.hku.hk/items/show/2465

Edition

1964

Volume

v8

Subsequent Cap No.

106

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:07:26 +0800
<![CDATA[TELECOMMUNICATION (ESSENTIAL SERVICES CORPS FUEL OIL UNIT) (EXEMPTION) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2464

Title

TELECOMMUNICATION (ESSENTIAL SERVICES CORPS FUEL OIL UNIT) (EXEMPTION) ORDER

Description






TELECOMMUNICATION (ESSENTIAL SERVICES CORPS
FUEL OIL UNIT) (EXEMPTION) ORDER

(Cap. 106, section 39)

[29th November, 1968.1

1. This order may be cited as the Telecommunication (Essential
Services Corps Fuel Oil Unit) (Exemption) Order.

2. Each company specified in the Schedule is hereby exempted from
payment of the licence fees payable under the Telecommunication
Regulations on the issue or renewal of the licences to which this order
applies.

3. This order applies to Mobile Radio System Fixed Station licences
and Mobile Radio System Mobile Station licences issued in respect of
transmitting and receiving stations for radiotelephony established and
maintained solely for the purposes of communication within the
Essential Services Corps Fuel Oil Unit network.

SCHEDULE [para. 2.1

SPECIFIED COMPANIES

1. Shell Company of Hong Kong Limited.

2. Esso Standard Oil (Hong Kong) Limited.

3. Mobil Oil Hong Kong Limited.

4. Caltex Oil Hong Kong Limited.

5. Hong Kong Electric Company Limited.
L.N. 116/68. Citation. Exemption. Schedule. (Cap. 106, sub. leg.) Licences to which order applies.

Abstract

L.N. 116/68. Citation. Exemption. Schedule. (Cap. 106, sub. leg.) Licences to which order applies.

Identifier

https://oelawhk.lib.hku.hk/items/show/2464

Edition

1964

Volume

v8

Subsequent Cap No.

106

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:26 +0800
<![CDATA[CHARGES FOR RADIOTELEGRAMS ORDER]]> https://oelawhk.lib.hku.hk/items/show/2463

Title

CHARGES FOR RADIOTELEGRAMS ORDER

Description






CHARGES FOR RADIOTELEGRAMS ORDER

(Cap. 106. section 38)

[1 October 1981,1

1. This order may be cited as the Charges for Radiotelegrams
Order.

2. The charges that shall apply in respect of messages
exchanged in either direction between the Colony and any ship or
aircraft shall be such-charges as may be specified from time to time
by Cable and Wireless (Hong Kong) Limited and approved in
writing by the Telecommunications Authority.
L.N. 297/81. Citation. Charges for radiotelegrams to ships and aircraft.

Abstract

L.N. 297/81. Citation. Charges for radiotelegrams to ships and aircraft.

Identifier

https://oelawhk.lib.hku.hk/items/show/2463

Edition

1964

Volume

v8

Subsequent Cap No.

106

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:25 +0800
<![CDATA[TELECOMMUNICATION (CONTROL OF INTERFERENCE) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2462

Title

TELECOMMUNICATION (CONTROL OF INTERFERENCE) REGULATIONS

Description






TELECOMMUNICATION (CONTROL OF INTERFERENCE)
REGULATIONS

ARRANGEMENT OF REGULATIONS
Regulation Page

1. Citation . ... ... ... ... ... ... ... ... ... ... ... ... B 2
2. Application of regulations and classification of apparatus ... ... ... ... B 2
3. Manufacturers, assemblers and importers ... ... ... ... ... ... ... B 3
4. Users ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 4
5. Enforcement of regulations as to use ... ... ... ... ... ... ... ... B 5
6. Entry and search of premises, etc. ... ... ... ... ... ... ... B 7
7. Requirement ... ...
... ... ... ... ... ... B 7
8. Measurement and computation of noise voltage and field-strength ... ... B 9
9. Deliberate interference ... ... ... ... ... ... ... ... ... ... ... B 9
10. Amendment of Schedule ... ... ... ... ... ... ... ... ... B 9

Schedule ... .. 1 ... ... ... ... ... ... ... ... ... ... ... 1 . ... ... ... B10





TELECOMMUNICATION (CONTROL OF INTERFERENCE)
REGULATIONS

(Cap. 106, section 37)

[9th September, 1966.]

1. These regulations may be cited as the Telecommunication
(Control of Interference) Regulations.

2. (1) Subject to the provisions of paragraph (3), these regulations
shall apply to every apparatus belonging to any of the following classes
of apparatus for or in respect of which limits of interference are specified
in the Schedule

(a) ignition apparatus of internal combustion engines;

(b)equipment intended for the generation of radio-frequency
energy for industrial, scientific or medical purposes;

(c) receivers, that is to say-

(i) receivers intended for the reception of amplitude
modulated (A.M.) signals;

(ii) radio-frequency (R.F.) oscillators in receivers intended
for the reception of television and in frequency modulated
(F.M.) receivers;

(iii) the line time base of receivers intended for the reception
of television signals;

(d) electrical traction systems, that is to say-

(i) trolley buses and tramways;

(ii) other traction systems;

(e) distribution systems having-

(i) a declared voltage between conductors not greater than
750 volts or a declared voltage between any one conductor
and earth not greater than 375 volts; or

(ii) a declared voltage between conductors greater than 750
volts but not exceeding 15,000 volts or a declared voltage
between any one conductor and earth greater than 375 volts
but not exceeding 15,000 volts; or

(iii) a declared voltage between conductors or between any
one conductor and earth exceeding 15,000 volts;

equipment, other than equipment in any of the aforementioned
classes, that is not connected to a distribution system;

(g)equipment, other than equipment in any of the aforementioned
classes, that is designed for connexion at its terminals to a
distribution system having





(i) a declared voltage between conductors not greater
than 750 volts or a declared voltage between any one
conductor and earth not greater than 375 volts; or
(ii) a declared voltage between conductors greater than
750 volts but not exceeding 15,000 volts or a declared
voltage between any one conductor and earth greater than
375 volts but not exceeding 15,000 volts; or
(iii) a declared voltage between conductors or between
any one conductor and earth exceeding 15,000 volts.

(2) For the purposes of this regulation, 'distribution system'
means any system for conveying electrical energy from one place
to another.

(3)(a) Any apparatus in an aircraft or a foreign vessel shall,
for the purposes of regulation 4, be deemed not to be
within any of the classes specified in paragraph (1), and
references in these regulations to the ignition apparatus
of an internal combustion engine shall not be construed
as referring to the ignition apparatus of an internal com-
bustion engine in an aircraft or foreign vessel.
(b)For the purposes of regulation 3 any apparatus (other
than the ignition apparatus of an internal combustion
engine) designed to be used exclusively in a vessel or
aircraft and to obtain its power solely therefrom, and
for the purposes of regulation 4 any apparatus (other
than the ignition apparatus of an internal combustion
engine) used in a vessel or aircraft and obtaining its power
solely therefrom, shall be deemed not to be within any of
the classes specified in paragraph (1).

3. (1) The requirement referred to in regulation 7 shall be
complied with in the case of every apparatus to which these regula-
tions apply (whether manufactured, assembled or imported before
or after the day on which these regulations are published in the
Gazette) if, after the expiry of a period of six months from the
day on which these regulations are published in the Gazette, that
apparatus is to be sold otherwise than for export, or offered or
advertised for sale otherwise than for export, or let on hire or
offered or advertised for letting on hire, or installed, by any person,
whether on his own account or as agent of some other person,
who in the Colony or whose principal in the Colony in the course
of business manufactured or assembled the apparatus or who on
his own account or as agent in the course of business imported the
apparatus into the Colony or whose principal in the course of
business imported the apparatus into the Colony.

(2) Any person, whether on his own account or as agent of
some other person, who, after the expiry of a period of six months
from the day on which these regulations are published in the
Gazette-





(a)sells otherwise than for export or offers or advertises for sale
otherwise than for export; or

(b) lets on hire or offers or advertises for letting on hire; or

(c) installs,

any apparatus to which these regulations apply (whether manufactured,
assembled or imported before or after the day on which these
regulations are published in the Gazette), being an apparatus which was
manufactured or assembled by him or his principal, as the case may be,
in the Colony in the course of business or imported into the Colony by
him, whether on his own account or as agent of some other person, or
by his principal, in the course of business, shall, if such apparatus does
not comply with the requirement referred to in regulation 7 when so sold,
offered or advertised for sale, let on hire, offered or advertised for letting
on hire, or installed, as the case may be, be guilty of an offence and shall
be liable on summary conviction, in the case of the first such offence, to
a fine of seven hundred and fifty dollars and, in the case of any
subsequent such offence, to a fine of one thousand five hundred
dollars; and where such person is the agent of some other person, such
other person shall be under the same liability as if he had himself sold or
offered or advertised for sale, or let on hire or offered or advertised for
letting on hire, or installed, that apparatus, as the case may be.

4. (1) The requirement referred to in regulation 7 shall be complied
with in the case of every apparatus to which these regulations apply,
whether manufactured, assembled, installed, imported, purchased, hired
or otherwise obtained before or after the day on which these regulations
are published in the Gazette, if such apparatus is to be used in the
Colony:

Provided that in the case of the ignition apparatus of an internal
combustion engine the use of the apparatus shall be deemed to comply
with the said requirement if the person using the apparatus establishes

(a)that suppressors were fitted to the apparatus by the
manufacturer, assembler or importer of the vehicle, vessel or
engine of which the apparatus forms PART; and

(b)that the suppressors so fitted remained fitted to the apparatus
at the time of use, or that suppressors having the same
electrical characteristics had been correctly fitted to the
apparatus at that time in substitution for those fitted as
aforesaid, and in either case that the suppressors were then in
good electrical and mechanical repair and condition; and

(c)that the apparatus at the time of the use consisted of the same
components as those which were fitted at the time when the
vehicle, vessel or engine of which the apparatus





forms part was manufactured or assembled, or that any
components which had been substituted for those
components had the same electrical characteristics and had
been correctly fitted.

(2) Save as provided in paragraph (3) and in regulation 9, it shall not
be unlawful for any person to use any apparatus to which these
regulations apply by reason only that it does not comply with the
requirement referred to in regulation 7, but the non-compliance therewith
shall be a ground for the giving of a notice under regulation 5.

(3) Any person who, after the expiry of a period of twelve months
from the day on which these regulations are published in the Gazette,
uses any internal combustion engine the ignition apparatus of which
does not comply with the requirement referred to in regulation 7 shall be
guilty of an offence and shall be liable on summary conviction, in the
case of the first such offence, to a fine of one hundred dollars and, in the
case of any subsequent such offence, to a fine of five hundred dollars.

5. (1) If the Authority is of the opinion-

(a)that any apparatus to which regulation 4 applies does not
comply with the requirement referred to in regulation 7; and
either

(b)that the use of the apparatus is likely to cause undue
interference with the working of any apparatus for
telecommunication used for the purpose of any safety of life
service or for any purpose on which the safety of any person
or of any vessel, aircraft or vehicle may depend; or

(c)that the use of the apparatus is likely to cause undue
interference with the working of any other apparatus for
telecommunication and in fact has caused or is causing such
interference in a case where he considers that all reasonable
steps to minimize interference have been taken in relation to
the station or apparatus receiving the telecommunication, he
may serve on the person in whose possession the apparatus is
a notice in writing requiring that, after a date fixed by the
notice, not being less than fourteen days from the date of
service thereof, the apparatus shall not be used, whether by
the person to whom the notice is given or otherwise, or, if the
Authority thinks fit so to frame the notice, shall only be used
in such manner, at such time and in such circumstances as
may be specified in the notice:

Provided that if the Authority is satisfied that the use of the
apparatus concerned is likely to cause undue interference such as is
referred to in sub-paragraph (b), the date fixed by the notice may, in the
discretion of the Authority, be the date of service of the notice or any
other date earlier than fourteen days from the date of service.





(2) If the Authority is satisfied that the use of any apparatus
to which regulation 4 applies is likely to cause undue interference
such as is referred to in paragraph (1)(b) and that the circumstances
of the case warrant the service of a notice under that paragraph
requiring that the apparatus shall not be used from the date of
service of the notice, he may, in addition to the service of such a
notice and either before or after the service of the notice, seal the
apparatus in such manner, or remove such part thereof, as ensures
that the apparatus is not used, but in such a case, where the apparatus
is scaled or a part thereof is removed before the service of the notice,
the notice aforesaid shall be served within three days after the
apparatus is scaled or the part removed therefrom.

(3) A notice under paragraph (1) may be revoked or varied
by a subsequent notice in writing by the Authority served on the
person in whose possession the apparatus then is:

Provided that-
(a)where a notice under this paragraph has the effect of
imposing any additional restrictions on the use of the
apparatus, the provisions of paragraph (1) relating to the
coming into force of notices shall apply in relation to
the notice as if it had been a notice served under that
paragraph; and
(b)where the Authority is satisfied that the apparatus has
been altered or otherwise made to comply with the re-
quirement referred to in regulation 7, he shall revoke the
notice and forthwith break the seal (if any) on, or replace
the part (if any) removed from, the apparatus.

(4) No person, being a person who knows that a notice of the
Authority under this regulation is in force with respect to any
apparatus, shall use that apparatus, or cause or permit it to be
used, in contravention of the notice.

(5) Any person who contravenes the provisions of paragraph
(4) shall be guilty of an offence and shall be liable on summary
conviction-
(a)where the apparatus with respect to which the notice was
given was sealed or a part of it was removed under and in
accordance with paragraph (2), for the first such offence
under this sub-paragraph, to a fine of one thousand dollars
and to imprisonment for three months, and, for any sub-
sequent such offence under this sub-paragraph to a fine
of two thousand dollars and to imprisonment for six
months; and
(b)in any other case, for the first such offence under this sub-
paragraph, to a fine of seven hundred and fifty dollars,
and, for any subsequent such offence under this sub-
paragraph, to a fine of one thousand five hundred dollars:





Provided that no person shall be convicted of an offence under
this paragraph if it is made to appear to the court that at the time
of the use of the apparatus in contravention of the notice an applica-
tion had been made in writing to the Authority for revocation of
the notice and that the Authority had, without reasonable cause
(the burden of proof whereof shall be upon the Authority), failed
or neglected to revoke the notice within a reasonable time after
receipt of the application for revocation.

6. Where a magistrate is satisfied by information on oath-

(a)that there is reasonable ground for believing that, on any
specified premises or in any specified vessel, aircraft or
vehicle, apparatus to which these regulations apply is to
be found which does not comply with the requirement
applicable to it under these regulations; and

(b)that it is necessary to enter those premises, or that vessel,
aircraft or vehicle, and to examine or test any apparatus
to which these regulations apply which may be found
therein or thereon for the purpose of determining whether
any such apparatus does or does not comply with the
requirement applicable to it under these regulations; and

(c)that, within fourteen days before the date of the application
to such magistrate, access to the premises, vessel, aircraft
or vehicle for the purpose aforesaid has been demanded
by, or permission to examine any such apparatus as
aforesaid which has been found therein or thereon has
been requested by, the Authority or any public officer
authorized in writing in that behalf by the Authority and
producing sufficient documentary evidence of his identity
and, in the case of a public officer authorized as aforesaid,
of his authority, but in either case has been unreasonably
refused,

the magistrate may issue his warrant empowering the Authority or
any public officer or officers authorized in writing in that behalf by
the Authority and named in such authorization to enter the premises
or, as the case may be, the vessel, aircraft or vehicle and any premises
on which it may be and to search the premises, vessel, aircraft or
vehicle with a view to discovering whether any apparatus to which
these regulations apply is situate thereon or therein, and, if he
finds or they find any such apparatus thereon or therein, to examine
and test it with a view to determine whether it does or does not
comply with the requirement applicable to it under these regulations.

7. (1) The requirement referred to in regulations 3 and 4 is
that the apparatus shall be so designed, constructed, assembled
and installed, and that such precautions shall be taken in relation
to it (by means of the fitting of suppressors or otherwise), as to
ensure-





(a)that the noise voltage at the electric supply line terminals of
the apparatus when it is used at any frequency within the
defined frequency range does not exceed the given number (if
any) of microvolts for that frequency range:

Provided that this sub-paragraph shall not apply in
respect of any apparatus that is designed for connexion at its
terminals to a distribution system having a declared voltage
between conductors greater than 750 volts or a declared
voltage between any one conductor and earth greater than
375 volts; and

(b)that the field-strength of the electro-magnetic energy radiated
in any direction from the apparatus when it is used at any
frequency within the defined frequency range does not exceed
the given number (if any) of microvolts per metre for that
frequency range at any distance of not less than the given
distance for the same frequency range.

(2)(a) In paragraph (1), 'the defined frequency range' means, in
relation to any apparatus, the frequency range or, where there
is more than one, any of the frequency ranges specified in
either the third or the sixth column of the Schedule for the
class and sub-division, if any, of the class (indicated in the
first column of the Schedule) to which the apparatus belongs
according as to whether the expression is used in respect of
noise voltage at electric supply line terminals or in respect of
field-strength of radiated electro-magnetic energy.

(b)In paragraph (1)(a) 'the given number (if any) of microvolts'
means, in relation to any apparatus belonging to any class or
sub-division of a class indicated in the first column of the
Schedule, the number (if any) of microvolts specified in the
second column of the Schedule for that class or sub-division.

(c) In paragraph (1)(b)-

'the given number (if any) of microvolts per metre', means, in
relation to any apparatus belonging to any class or sub-
division of a class indicated in the first column of the
Schedule, the number (if any) of microvolts per metre
specified in the fourth column of the Schedule for that
class or sub-division; and

'the given distance' means, in relation to any apparatus
belonging to any class or sub-division of a class
indicated in the first column of the Schedule, the distance
specified or referred to in the fifth column of the Schedule
for that class or sub-division.





8. For the purposes of these regulations and the measurement and
computation of noise voltage and field-strength of radiated electro-
magnetic energy

(a)the Authority shall be the sole authority by which
measurements are made; and

(b)the Authority shall determine the measuring apparatus to be
used, the method by which and conditions under which tests
are to be made and the manner to be used in computing noise
voltage and field-strength from readings afforded by the
measuring apparatus; and shall supply to any person applying
therefor, information as to any of the matters referred to in this
paragraph.

9. (1) Any person who uses any apparatus for the purpose of
interfering with the working of any apparatus for telecommunication
shall be guilty of an offence and shall be liable on summary conviction
to a fine of two thousand dollars and to imprisonment for twelve months.

(2) This regulation shall apply whether or not the apparatus is an
apparatus within any class specified in regulation 2, and, if within any
such class, whether or not it complies with the requirement referred to in
regulation 7, and whether or not any notice under regulation 5 has been
given with respect to it or, if given, has been varied or revoked.

10. (1) Subject to the provisions of paragraph (2), the Authority may
from time to time, by order published in the Gazette, amend the
particulars specified in the second, third, fourth, fifth or sixth column of
the Schedule, or insert new particulars therein, in respect of any class of
apparatus specified in regulation 2(1).

(2) No order shall be made under paragraph (1) without the prior
approval of the Governor in Council if the effect of such order would be
to impose, for or in respect of any class of apparatus, a limit of
interference in respect of which no recommendation has been made by,
or a limit of interference which would tolerate less interference than the
tolerable limits indicated by the recommendation of, the International
Special Committee on Radio Interference (Comite international special
des perturbatins radio-electriques) for or in respect of such class.

(3) For the purpose of regulation 3 (but not for the purpose of any
other provision of these regulations unless so provided in the order), an
order made under this regulation shall not come into operation before
the expiry of a period of six months, or such longer period as may be
specified therein, from the date of publication of the order in the
Gazette.





SCHEDULE
L.N. 65/66. Citation. Application of regulations and classification of apparatus. Schedule. Manufacturers, assemblers and importers. Users. Enforcement of regulations as to use. Entry and search of premises, etc. Requirement. Schedule. Measurement and computation of noise voltage and field-strength. Deliberate interference. Amendment of Schedule.

Abstract

L.N. 65/66. Citation. Application of regulations and classification of apparatus. Schedule. Manufacturers, assemblers and importers. Users. Enforcement of regulations as to use. Entry and search of premises, etc. Requirement. Schedule. Measurement and computation of noise voltage and field-strength. Deliberate interference. Amendment of Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2462

Edition

1964

Volume

v8

Subsequent Cap No.

106

Number of Pages

10
]]>
Tue, 23 Aug 2011 18:07:24 +0800
<![CDATA[TELECOMMUNICATION REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2461

Title

TELECOMMUNICATION REGULATIONS

Description






TELECOMMUNICATION REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page
1. Citation ..............................A 2
1A.Interpretation ........................A 2
2. Grant of licences by Authority, etc . .A 2
3. Examination for the issue of certificates of competency, and tests A 4
4. Issue by Authority of certificates authorizing holding of positions in a
radiocommunication station ...............A 5
5. Fee on grant of permit for purposes of section 9 of Ordinance A 5
6. Loss or destruction of licence or certificate A 5
7. No fees payable for amendment of licence A 6
8. General provisions relating to licences A 6
9. Notices ...............................A 6
10. Surrender of licences ................A 7
11. Interference .........................A 7
12. Tests and measurements in respect of electrical or radiated interference A 7
13. Apparatus for telecommunication to be made available for inspection A 7
14. Entry and search of premises etc . ...A 8
Schedule 1. Licences that may be granted and renewed by Authority A 8
Schedule 2. Examinations and test ................................... A10
Schedule 3. Form of Licences .............All





TELECOMMUNICATION REGULATIONS
(Cap. 106, section 37)

[1 January 1963]

G.N.A. 131 of 1962 -L.N. 43 of 1966, 22 of 1966, L.N. 22 of 1967, L.N. 195 of 1967, L.N. 106 of
1968, L.N. 131 of 1968, L.N. 26 of 1971, L.N. 37 of 1971, L.N. 72 of 1972, L.N. 138 of
1972,

L.N. 159 of 1972, L.N. 204 of 1973, L.N. 215 of 1973, L.N. 352 of 1981, L.N. 259 of 1982,

L.N. 4 of 1984, L.N. 63 of 1985, L.N. 269 of 1985, L.N. 294 of 1985, R. Ed. 1986, L.N. 365
of

1987, L.N. 192 of 1988, L.N. 130 of 1989, L.N. 193 of 1989, L.N. 301 of 1989

1. Citation

These regulations may be cited as the Telecommunication Regulations.

1A. Interpretation

In these regulations'licence' means a licence granted by the Authority; 'fee'
means a fee prescribed by these regulations.

(L.N. 4 of 1984)

2. Grant of licences by Authority, etc.

(1) The Authority may grant any of the licences specified in column 2 of
Schedule 1.

(2) Save as provided in subregulations (3) (4) and (5), every such licence shall
be valid until the first day, in the year next following the year in which it was
granted, of the month next following the month in which it was granted. (L.N. 215 of
1973)

(3) A broadcast relay station licence shall be valid for 15 years from the day on
which it is granted. (L.N. 215 of 1973)

(4) A ship station licence or an aircraft station licence shall be valid from the
first day of the month in which it is granted and shall, subject to the conditions
thereof, be valid for a period of 12 months thereafter. (L.N. 43 of 1966)

(5) A new

(a) ship station licence; or

(b) aircraft station licence, granted pursuant to an application made
under(i) clause 4(4) of the general conditions of a ship station licence; or (ii)
clause 3(3) of the conditions of an aircraft station licence,





shall be valid for the same period as the licence replaced thereby would have been
valid had such new licence not been granted. (L.N. 43 of 1966)

(6) Subject to subregulations (6A),(6B), 6(C), (6D) and (6E), the fee
payable on the grant or renewal of any licence granted or renewed by the
Authority shall be the appropriate fee specified in column 3 of Schedule 1.
(L.N. 215 of 1973; L.N. 4 of 1984; L,N 301 of 1989)

(6A) A fee of $360 for every 100 outlet points, or part thereof, shall be
payable on the grant of a broadcast relay station licence and on the anniversary
of the grant thereof in each year thereafter while the licence continues in force:

Provided that, if during the period of 12 months after the payment of any such
fee-

(a) the number of outlet points increases, there shall be payable at
the end of that period. in respect of each additional outlet point,
a further fee of 30 cents for each whole month during which the
point has been provided; or

(b) the number of outlet points decreases, the Authority shall refund to the
licensee at the end of that period a sum of 30 cents, in respect of each
outlet point, for each whole month during which
the point has been discontinued. (L.N. 215 of 1973; L.N. 352 of
1981; L.N. 63 of 1985; L.N. 192 of 1988)

(6B) A fee of $150 for every transmitter unit and $80 for every reception unit
shall be payable on the grant or renewal of a closed circuit television licence:

Provided that if, during the period of 12 months following the grant or renewal
of the licence-

(a)more than the number of reception units specified in the licence
is in operation, there shall be payable at the end of such period, in
respect of each additional such reception unit, a further fee of $7 for
each whole month during which the reception unit was in operation;

(b)less than the number of reception units specified in the licence is in
operation, the Authority shall, at the end of such period, refund to the
licensee in respect of each reception unit below that number a sum of
$7 for each whole month during which the reception unit was
discontinued. (L.N. 215 of 1973; L.N. 352 of 1981; L.N. 63 of 1985; L.N.
192 of 1988)

(6C) A fee of $750 shall be payable on the grant and renewal of a public
non-exclusive telecommunications service licence and, when apparatus for
radiocommunications is possessed, used, established or maintained for the
purposes of the service provided, the following additional fees shall be payable on
the grant and renewal of the licence-

(a)a fee of $750 for every base or fixed station; and


(b)a fee in respect of mobile stations used by the customers of the
service calculated at the rate of $15,000 for the first 200 stations
and a further fee of $7,500 for every 100 or part of a 100 mobile
stations exceeding 200,

and, for the purposes of determining the fees payable under paragraphs (a) and
(b), the number of stations shall be those functioning at the time when the
licence is granted or, as the case may be, renewed. (L.N. 4 of 1984; L.N. 63 of 1985;
L.N. 192 of 1988)

(6D) A fee of $150 for every transmitter unit functioning as an independent
source of television programmes and $80 for every reception unit functioning as an
independent output from the system shall be payable on the grant or renewal of a hotel
television services licence and, when apparatus for radio communications is
possessed, used, established or maintained in the distribution system of the service
licensed, the following additional fees shall be payable on the grant and renewal of
the licence-

(a)a fee of $75 per MHz of occupied bandwidth for every radio
transmitter in the distribution system; and

(b)a fee of $75 per MHz of occupied bandwidth for every radio
receiver in the distribution system. (L.N. 301 of 1989)

(6E) For the purposes of determining the fees payable under subregulation (6D)
for the transmitter units and the reception units, the number of units shall be those
functioning at the time when the licence is granted or, as the case may be, renewed
and for the purposes of determining the fees payable under subregulation (6D), the
occupied bandwidth shall be that occupied at the time when the licence is granted or,
as the case may be, renewed. (L.N. 301 of 1989)

(7) Every licence granted by the Authority shall be in the appropriate form
set out in Schedule 3; the Authority may add such further conditions as he may
think necessary either generally or in any particular case and may delete such of the
conditions in any form in Schedule 3 as he thinks fit.

3. Examination for the issue of certificates

of competency, and tests

(1) The Authority may, upon payment by the person to be examined of the
appropriate fee prescribed in column 3 of Part 1 or II of Schedule 2, conduct in
respect of that person

(a)any of the examinations specified in column 2 of Part 1 of Schedule 2
and, if he is satisfied as to the competency of the person examined,
issue to him the appropriate certificate of competency; and

(b)any of the tests specified in column 2 of Part 11 of Schedule 2. (L.N.
130 of 1989)





(2) The Authority may, upon payment of the appropriate fee prescribed in
column 3 of Part III of Schedule 2, issue to any person whom he considers suitably
qualified a certificate of competency in radiocommunication. (L.N. 130 of 1989)

(3) Every certificate of competency shall be in such form as the Authority may,
from time to time, determine.

(4) The person to whom a certificate of competency is issued shall make a
declaration of secrecy in such form as the Authority may, from time to time,
determine.

4. Issue by Authority of certificates authorizing holding

of positions in a radiocommunication station

(1) The Authority may attach to a certificate of competency in
radiocommunication an authority to operate authorizing the holder of such a
certificate to hold such position in a radiocommunication station other than in an
aircraft as is specified in the certificate, being a position that may, by virtue of a
condition of the licence granted under the Ordinance, in respect of the
radiocommunication station, be held only by a person for the time being holding
such a certificate. (L.N. 130 of 1989)

(2) The Authority may at any time cancel, or suspend for such period as
he thinks fit, any authority to operate issued under subregulation (1) if he is
satisfied that the person to whom it was issued has contravened the Ordinance
or is incompetent or has been guilty of misconduct in the discharge of his duties
in the position that he is thereby authorized to hold but may not cancel or
suspend the certificate to which the authority is attached.

(3) Where an authority to operate issued under subregulation (1) is cancelled or
suspended, the Authority may by notice in writing require the person to whom the
authority to operate was issued to return the same to him within the period specified
in such notice, and if such person refuses or neglects to return the authority to
operate within the period specified in such notice, he shall be guilty of an offence
and shall be liable on summary conviction to a fine of $1,000 and to imprisonment for
6 months. (L.N. 352 of 1981)

5. Fee on grant of permit for purposes
of section 9 of Ordinance

A fee of $150 shall be payable on the grant of a permit for the purpose of
section 9 of the Ordinance.

(L.N. 352 of 1981; L.N. 63 of 1985; L.N. 192 of 1988)

6. Loss or destruction of licence or certificate

(1) If any licence, certificate or authority to operate granted or issued under
these regulations is lost or destroyed, the Authority shall be notified in





writing of its loss or destruction as soon as practicable, and may issue a duplicate of
the licence, certificate or authority to operate.

(2) Where under subregulation (1) the Authority issues--

(a)a duplicate of a licence or certificate, a fee of $55 shall be payable in
respect thereof; and

(b)a duplicate of a certificate specified in Part I or III of Schedule 2, a fee
of $55 shall be payable in respect thereof. (L.N. 352 of 1981; L.N. 63
of 1985; L.N. 192 of 1988; L.N. 130 of 1989)

(3) Where no fee is payable on the grant of a licence by virtue of the provisions
of regulation 2(5), no fee shall be payable upon the issue of a duplicate under this
regulation.

7. No fees payable for amendment of licence

Whenever provision is made in the conditions contained in a form of licence in
Schedule 3 for the noting of a change of address or for the making of any
amendment to a licence by the Authority, no fee shall be charged for such noting or
for making any such amendment.

(L.N. 43 of 1966)

8. General provisions relating to licences

(1) A licence shall not be assignable except where a condition of the licence
expressly provides that it may be transferred and, if there is such a condition, the
licence may be transferred only in accordance with such condition.

(2) Where a licence is renewable it may be renewed by payment to the
Authority of the renewal fee on or before the date of expiry of the licence to be
renewed:

Provided that no public non-exclusive telecommunications service licence shall
be renewed so as to have effect after 30 June 1995.

(3) The Authority may, with the consent of the person to whom the licence is
granted, amend the licence by an appropriate endorsement upon it.

(L.N. 4 of 1984)

9. Notices

Any notice, request or consent to be given by the Authority under the
Ordinance or by virtue of the conditions or terms of any licence may be given under
the hand of any duly authorized officer of the Authority and, without derogation
from section 356 of the Companies Ordinance (Cap. 32), served by post on the
addressee at his usual or principal place of business in Hong Kong.

(L.N. 4 of 1984)





10. Surrender of licences
(1) Upon the expiry or cancellation of any licence it shall be surrendered
to the Authority within 4 weeks of such expiry or cancellation.
(2) Any licensee who fails to comply with subregulation (1) shall be guilty
of an offence and liable on conviction to a fine of $1,000.
(L.N. 4 of 1984)

11. Interference
(1) No person shall use any apparatus for telecommunication in such
manner as to cause direct or indirect interference with any telecommunication
service lawfully carried on, or other apparatus for telecommunication lawfully
operated in or outside Hong Kong.
(2) The Authority may, by notice in writing to any person possessing any
apparatus for telecommunication, require him to take such measures as the
Authority may consider expedient and within such time as may be specified
in the notice in order to prevent interference of the nature described in
subregulation (1).
(3) Any person who knowingly causes direct or indirect interference in
contravention of subregulation (1) or fails to comply with any notice given
under subregulation (2) shall be guilty of an offence and liable on conviction to
a fine of $2,000.
(L.N. 4 of 1984)

12. Tests and measurements in respect of
electrical or radiated interference
(1) The Authority may make tests and measurements in respect of
electrical or radiated interference and it shall have the power to determine the
measuring apparatus to be used, the method by which and the conditions under
which tests are to be made and the manner to be used in computing the amount
of any such interference from readings afforded by the measuring apparatus.
(2) Subject to these regulations, the Authority may at any time make
tests and measurements of any apparatus for telecommunication to deter-
mine whether it complies with any requirement applicable to it under these
regulations or the conditions of the licence under which it is held.
(L.N. 4 of 1984)

13. Apparatus for telecommunication to
he made available for inspection
(1) Any person in possession of any apparatus for telecommunication
shall, if required to do so by the Authority on reasonable notice in writing,
make such apparatus available to the Authority for examination or testing
during ordinary office hours at the place where the apparatus is ordinarily kept





or such other place, being a place reasonable in the circumstances, as the Authority
may specify.

(2) Any person who, without lawful excuse, fails to comply with notice given
under subregulation (1) shall be guilty of an offence and liable on conviction to a
fine of $2,000.

(L.N. 4 of 1984)

14. Entry and search of premises etc.

(1) Where a magistrate is satisfied by information on oath that-

(a)there are reasonable grounds for believing that there is, upon any
specified premises or in any specified vessel, aircraft or vehicle,
apparatus for telecommunication and

(i) the apparatus is possessed or used without lawful authority or
contrary to the terms of the licence or other authority
authorizing such possession or use, and additionally or
alternatively;

(ii) the Authority has reasonable grounds for examining and testing
any apparatus found in or on such premises, vessel, aircraft or
vehicle;

(b)access to such premises, vessel, aircraft or vehicle has been
demanded, or permission to examine or test any such apparatus has
been requested, but in either case has been unreasonably refused,

the magistrate may issue his warrant empowering the Authority, or any public officer
authorized in writing in that behalf by the Authority to enter and search such
premises, vessel, aircraft or vehicle and to examine and test any apparatus found
thereon or therein.

(2) Any person who obstructs or hinders the Authority or any public officer
acting under the authority of a warrant issued under subregulation (1) shall be guilty
of an offence and liable on conviction to a fine of 52,000 and to imprisonment for 6
months.

(L.N. 4 of 1984)

SCHEDULE1 [reg. 2]

LICENSES THAT MAY BE GRANTED AND RENEWED BY AUTHORITY


Item Licence Fee
1 Private Telegraph (Reception) $20 per receiving channel.

2. Private Telegraph (Transmission) $55 per station irrespective of
the number of transmitting
channels.





item Licence Fee
3. Private Telegraph (Transmission and Reception) to be assessed on the basis
of $22 per receiving channel
plus $55 per transmitting
station-the maximum fee
per location not to exceed
$1,100.(L.N.234of1988)

4..................Ship Station 150
5..............Aircraft Station 150
6......Press Reception (Direct) $1,500

7. General Communication Radio Receiving Station

(other than a Sound Broadcast Receiving

Apparatus) ............... 80
8. Experimental Station .... 300
9. Mobile Radio System-
Fixed Station ........... 750
Mobile Station ............300
10.Aeronautical Very High Frequency Fixed
Station ................$1,500

11. Radiophone Communication-

Fixed Station ............ 750
Mobile Station ........... 370
12...........................Induction Communication 150
13...........................Radio Dealers (Restricted) 750 or in the case of an
..........................auctioneer or pawnbroker,
..........................$80.
14...........................Radio Dealers (Unrestricted) 51,500
15...........................Demonstration, Unrestricted 300
16...........................Radiocommunication School 300
17...........................Amateur Station 150
18...........................Model Control 55
19...........................Industrial, Scientific and Medical Electronic
Machine .................. 80
20...........................Radio Paging System-
Fixed Transmitting Station 750
Receiving Station ........ 80
21...........................Wide Band Link and Relay Station 150 per MHz
22...........................Broadcast Relay Station to be assessed on the basis
..........................set out in regulation 2(6A).
23...........................Closed Circuit Television to be assessed on the basis
..........................set out in regulation 2~
24...........................Broadcast Radio Relay Station 750

25. Public Non-exclusive Telecommunications Service

Licence ...............to be assessed on the basis

set out in regulation 2(6C).

26...........................Pleasure Vessel Radio Network Station Licence 150





Item Licence Fee
27. Radiodetermination and Conveyance of
Commands, Status and Data $80(L.N. 193 of 1989)

28.Hotel Television Services Licence to be assessed on the basis
set out in regulation 2(6D)
and(6E) (L.N. 301 of
1989)

(Schedule 1 replaced L.N. 192 of 1988)

SCHEDULE2

[reg. 3]

PART I

Item Examination Fee

1. For Special Class certificate of competency in
radiotelegraphy
510
2. For general certificate of competency in
radiotelephony
150

3. For restricted certificate of competency in
radiotelephony
150

4. For maritime radiocommunication general
certificate-Part 1 ...................
S 220 per paper

5. For maritime radiocommunication general
certificate-Part 11 ................510

6. For conversion of valid 1st and 2nd Class
certificate of competency-Part I ... 220 per paper

7. For conversion of valid 1 st and 2nd Class
certificate of competency-Part 11 .. 430

8. For radio amateur's written examination leading
to the radio amateur's certificate 350 (L.N. 130 of 1989)

PART II

Item Test Fee

1.Amateur Morse Test............................ 80
2.Revalidation test of holder of 1st, 2nd or Special
Class certificates of competency in
radiotelegraphy ............................ 510

3.Re-examination on the subject, 'Watchkeeping
and Communication' for maritime
radiocommunication general certificate......... 220





PART III

Item Issue of certificate of competency Fee

1.Special Class certificate of competency in
radiotelegraphy ........ 120

2.General certificate of competency in
radiotelephony ......... 120

3.Restricted certificate of competency in
radiotelephony ......... 120

4. Maritime radiocommunication general certificate 620

5. Radio amateur certificate 120

(L.N. 130 of 1989)
(Schedule 2 replaced L.N. 192 of 1988)

SCHEDULE3 [reg. 2(7)]

FORM OF LICENCES

TELECOMMUNICATION ORDINANCE
(Chapter 106)
PRIVATE TELEGRAPH (RECEPTION) LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE ON ISSUE:
FEE ON RENEWAL:

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

of ...................................(hereinafter called 'the Licensee') having paid to the

Telecommunications Authority an issue fee of $..............................................

................ is hereby licensed, subject to the conditions herein

contained-
to possess, establish and maintain a telegraph apparatus for receiving telegraph
signals from a channel between .................................................
................... and .......................................................
........................................................................ for the
sole purpose of receiving messages concerning the business of the Licensee as
................................................................................

CONDITIONS

1.The apparatus shall be operated only by persons authorized by the Licensee in that behalf.

2.The Schedule attached shall show the address from which telegraph signals may be received.
This address must be covered by a valid 'Private Telegraph (Transmission) Licence'.

3.Any alteration to the apparatus or channel to which it is connected, shall only be made with
the prior approval in writing of the Telecommunications Authority.

4.The apparatus and this Licence shall be available for inspection at all reasonable times by duly
authorized officers of the Telecommunications Authority.

5.This Licence shall continue in force for one year from the date of issue, and thereafter for
successive periods of one year so long as the Licensee pays to the Telecommunications
Authority in advance before the beginning of each successive period the renewal fee prescribed
by or under the regulations for the time being in force:





Provided that the Telecommunications Authority may at any time after the date of
issue revoke the Licence or vary the conditions thereof by a notice served in writing on the
Licensee or by a notice published in the Gazette addressed to 'All Private Telegraph
(Reception) Licensees'. Any notice given under this clause may take effect either forthwith
or on such subsequent dates as may be specified in the notice.

6.This Licence is not transferable. The Licensee may not change each address at which the
apparatus is kept or operated without the written consent to such change of the
Telecommunications Authority.

7. The Licensee shall-

(a) furnish to the Telecommunications Authority his address for correspondence;

(b)give notice promptly in writing to the said Authority of any change of such
address; and

(c)when giving the notice referred to in paragraph (b), return this Licence and the
Schedule to the said Authority for amendment.

8.This Licence shall he returned to the Telecommunications Authority when it has expired or
been revoked.

9.Any Licence or Permit however described which the Telecommunications Authority has
previously granted to the Licensee in respect of the apparatus is hereby revoked,

10.This Licence does not authorize the Licensee to do any act which may infringe any
copyright which may exist in the matter received.

11.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

12.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Regulations annexed thereto, which have from
time to time or at any time been acceded to by or applied to Hong Kong.



.....................................
For and on behalf of the
Telecommunications Authority.

SCHEDULE

APPARATUS LOCATION FROM WHICH MESSAGES ARE RECEIVED

(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE
(Chapter 106)

PRIVATE TELEGRAPH (TRANSMISSION) LICENCE

DATE OF ISSUE:
RENEWABLE: FEE
ON ISSUE: FEE ON
RENEWAL:





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

of ...................................................(hereinafter called 'the Licensee')

having paid to the Telecommunications Authority an issue fee of

$...................is hereby licensed, subject to the conditions herein contained-

to possess, establish and maintain a telegraph apparatus for transmitting telegraph
signals into a channel or channels between ........................................
..................................... and ........................................
.......................................................................... for the
sole purpose of transmitting messages concerning the business of the Licensee as
.........

CONDITIONS

1.The apparatus shall be operated only by persons authorized by the Licensee in that behalf.

2.The address or addresses to which telegraph signals may be transmitted are set out in the
Schedule. No telegraph signals may be transmitted to any other addresses.

3.Any alteration to the apparatus or channels to which it is connected, shall only be made with
the prior approval in writing of the Telecommunications Authority.

4.The apparatus and this Licence shall be available for inspection at all reasonable times by
duly authorized officers of the Telecommunications Authority.

5.This Licence shall continue in force for one year from the date of issue, and thereafter for
successive periods of one year so long as the Licensee pays to the Telecommunications
Authority in advance before the beginning of each successive period the renewal fee
prescribed by or under the regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke the Licence or vary the conditions thereof by a notice served in writing on the
Licensee or by a notice published in the Gazette addressed to 'All Private Telegraph
(Transmission) Licensees'. Any notice given under this clause may take effect either
forthwith or on such subsequent dates as may be specified in the notice.

6.This Licence is not transferable. The Licensee may not change each address at which the
apparatus is kept or operated without the written consent to such change of the
Telecommunications Authority.

7.The Licensee shall-

(a)furnish to the Telecommunications Authority his address for correspondence;

(b)give notice promptly in writing to the said Authority of any change of such
address; and

(e)when giving the notice referred to in paragraph (b), return this Licence and the
Schedule to the said Authority for amendment.

8.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

9.Any Licence or Permit however described which the Telecommunications Authority has
previously granted to the Licensee in respect of the apparatus is hereby revoked.

10.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.





11.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Regulations annexed thereto, which have from
time to time or at any time been acceded to by or applied to Hong Kong.



...........................
For and on behalf of the
Telecommunications Authority.

SCHEDULE

APPARATUS LOCATIONS TO WHICH MESSAGES ARE TRANSMITTED

(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

PRIVATE TELEGRAPH (TRANSMISSION AND RECEPTION) LICENCE

DATE OF ISSUE:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL:

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

of ................................................................(hereinafter

called 'the Licensee') having paid to the Telecommunications Authority an issue fee of

$................... is hereby licensed, subject to the conditions herein

contained-

to possess, establish and maintain telegraph transmitting and receiving apparatus for the
purpose of transmitting and receiving telegraph signals into and from telegraph channels,
between .................................................................................
................... and ................................................................
.............................................................................for the sole
purpose of transmitting and receiving messages concerning the business of the Licensee as
.........................................................................................


CONDITIONS

1.The apparatus shall be operated only by persons authorized by the Licensee in that behalf.

2.The address or addresses to which telegraph signals may be transmitted are set out in the
Schedule. No telegraph signals may be transmitted to any other addresses.

3.Any alteration to the apparatus or channel to which it is connected, shall only be made with
the prior approval in writing of the Telecommunications Authority.

4.The apparatus and this Licence shall be available for inspection at all reasonable times by
duly authorized officers of the Telecommunications Authority.





5.This Licence shall continue in force for one year from the date of issue, and thereafter for
successive periods of one year so long as the Licensee pays to the Telecommunications
Authority in advance before the beginning of each successive period the renewal fee
prescribed by or under the regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke the Licence or vary the terms, provision or limitations thereof by a notice
served in writing on the Licensee or by a notice published in the Gazette addressed to 'All
Private Telegraph (Transmission and Reception) Licensees'. Any notice given under this
clause may take effect either forthwith or on such subsequent date as may be specified in the
notice.

6.This Licence is not transferable. The Licensee shall not change the address at which any
apparatus is kept or operated without the written consent to such change of the
Telecommunications Authority.

7.The Licensee shall-

(a)furnish to the Telecommunications Authority his address for correspondence;

(b)give notice promptly in writing to the said Authority of any change of such
address; and

(c)when giving the notice referred to in paragraph (b), return this Licence and the
Schedule to the said Authority for amendment.

8.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

9.Any Licence or Permit however described which the Telecommunications Authority has
previously granted to the Licensee in respect of the apparatus is hereby revoked.

10.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

11.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Regulations annexed thereto, which have from
time to time or at any time been acceded to by or applied to Hong Kong.

...................
For and on behalf of the
Telecommunications Authority.

SCHEDULE

(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE
(Chapter 106)

SHIP STATION LICENCE
LIFEBOAT STATION LICENCE
RADAR STATION LICENCE

No ...........................................................
Period of Validity ...........................................

In accordance with the Telecommunication Ordinance (Cap. 106) and with the Radio
Regulations annexed to the International Telecommunication Convention now in force, this
licence is herewith issued for the installation and for the use of the radio equipment described
below











1 2 3 4
Name of Ship Call Sign or other Name and Address Public
Identification of Registered Correspondence
Owners Category
a b c d

Equipment Power Frequency
Type Class of Bands of
(Watts) Emission Assigned
Frequencies
5 Transmitters
6 Ship's Emergency
Transmitters
7 Survival Craft
Transmitters
8 Other Equipment
For the Issuing Authority:

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

Place. Date of Issue. Authentication.

Date of issue ......Fee on issue .............................

Renewal fee in accordance with Schedule of ......... due on or

before ................and on or before every anniversary of that date.

SHIP STATION LICENCE

1.(1) ..............................................................................................................................
of .............................................................................................................................

(Hereinafter called 'the Licensee').

is hereby licensed, subject to the conditions herein contained-

(a)to possess and establish a transmitting and receiving station for radiocommunication
(hereinafter called 'the Ship Station'), in the ship named above (hereinafter called

'the Ship'); and

(b)to use the Ship Station for the purpose of.

(i) sending by radiocommunication messages to authorized coast stations, ship
stations and aircraft stations;

(ii) receiving by radiocommunication messages from authorized coast stations,
ship stations, aircraft stations, special service stations and radio-determination
stations, for general reception by ship stations or for reception by the Ship
Station, and programmes transmitted by authorized broadcasting stations;

(iii) in emergency involving danger to life or to navigation only, transmitting and
receiving messages to and from any other station for radiocommunication
with which it is desirable that the ship should communicate.





CONDITIONS APPLICABLE TO SHIP STATION

(2) The foregoing Licence to use the Ship Station is subject to the following conditions

(a)When used for transmitting, the Ship Station shall be used only with emissions
which are of the classes specified in the Schedule hereto, and are on the frequencies
specified in the Schedule hereto in relation to those respective classes of emission,
and with a power not exceeding that specified in the Schedule hereto in relation to
the class of emission and frequency in use at the time.

(b)Except in the case of distress, in emergency involving danger to life or to
navigation, or for purposes of safe navigation

(i) no message shall be sent to a Ship Station for onward transmission to any
other

station for radiocommunication, except a coast station, another ship station or an
aircraft station; and (ii) while the ship is within the territorial waters of Hong
Kong, the Ship Station

shall not be used for transmitting or receiving messages directly except when
communicating in the V.H.F. Service on the appropriate frequencies in the
band 156.025 to 162.025 megacycles per second.

(c)No message which is grossly offensive or of an indecent or obscene character shall
be sent.

(d)Except when used for receiving messages from radio-determination stations or
authorized broadcasting stations, the Ship Station shall be operated only by persons
authorized by the Licensee in that behalf and possessing the written authority of
the Telecommunications Authority to fill the position of operator of a ship's
station for radiocommunication of the type of the Ship Station.

LIFEBOAT STATION LICENCE

2. (1) The Licensee is also licensed, subject to the conditions herein contained

(a)to possess and establish transmitting and receiving stations for radiocommunication
(hereinafter called 'the Lifeboat Stations', which expression shall include any
portable radiocommunication apparatus used in a lifeboat or other survival-craft) in
the lifeboats and other survival-craft associated with, and normally carried by the
ship; and

(b)to use the Lifeboat Stations in an emergency involving danger to life or to
navigation only for transmitting and receiving by radiocommunication such
messages as the circumstances may require, and at other times for testing the
working of the apparatus comprised in such stations on or in the vicinity of the
ship.

CONDITIONS APPLICABLE TO LIFEBOAT STATION LICENCE

(2) The foregoing Licence to use the Lifeboat Stations is subject to the following conditions

(a)When used for transmitting the Lifeboat stations shall be used only with emissions
which are of the classes specified in the Schedule hereto, and are on the frequencies
specified in the Schedule hereto, in relation to those respective classes of emission,
and with a power not exceeding that specified in the Schedule hereto in relation to
the class of emission and frequency in use at the time.

(b)The Lifeboat Stations shall be operated only by such persons as are referred to in
clause 1(2)(d) hereof..

Provided that nothing in these limitations shall prevent the use or operation of
the Lifeboat Stations in distress in whatever manner and by whatever persons may
be necessary for the purpose of attracting attention, making known their position






and obtaining help.

RADAR STATION LICENCE

3. The Licensee is also licensed, subject to the conditions herein contained

(a)to possess and establish a ship's radar transmitting and receiving station for radio-
determination (hereinafter called 'the Radar Station') in the ship; and





(b)to use the Radar Station for transmitting and receiving signals (not being messages
having a verbal significance) within the frequency band specified in the Schedule
hereto, for the purposes of the determination of position, bearing or distance, or
for the gaining of information as to the presence, absence, position or motion of
any object or of any objects of any class.

GENERAL CONDITIONS

1.(1) The Licensee, and all persons operating the stations which the Licensee is authorized by
this Licence to establish and use (hereinafter called 'the said Stations'), shall observe and
comply with the relevant provisions of the Telecommunication Convention.

(2) The apparatus comprised in the said Stations shall be so designed, constructed,
maintained and used that the use of the said Stations does not cause any avoidable
interference with any radiocommunication.

(3) (a)Any apparatus comprised in the Ship Station or the Lifeboat Stations shall at all
times be so adjusted that it shall only be possible to transmit with such apparatus on
a frequency specified in the Schedule.

(b)Any such apparatus shall at all times comply with the requirements of the
Merchant Shipping Safety Convention (Hong Kong) and the Rules made thereunder
which are from time to time in force.

(4) The said apparatus, and in particular the headgear receivers and microphones thereof,
shall he kept in clean and sanitary condition, and dangerous parts of the said apparatus shall
be so screened or isolated as to ensure the reasonable comfort and health of the persons
operating the said Stations.

(5) This Licence, any notices of variation served on the Licensee in writing by virtue of the
provisions of clause 4(3) of this Licence, the latest edition of the Handbook for Radio
Operators issued by H.M. Postmaster General, published at the date thereof, the documents
listed in that edition of the said Handbook as required to be carried on board a ship of the
category to which the ship belongs, and a copy of all Notices to Ship Wireless Stations
current for the time being, shall be carried on board the ship in the wireless room, and a copy
of section 10 of the Telecommunication Ordinance (Cap. 106) shall be exhibited in the
wireless room. The Licence together with any notices of variation served on the Licensee in
writing by virtue of the provisions of clause 4(3) of this Licence shall be available for
inspection, when required, by any person acting in the course of his duty on behalf of the
Telecommunications Authority or the Director of Marine and by competent authorities of
the countries where the ship calls.

(6) The call sign of the Ship Station referred to above shall be used whenever it is necessary
to identify the Ship Station. Such call sign followed by 2 digits (other than 0 or 1) shall be
used to identify any of the Lifeboat Stations. A different combination of digits shall be used
in respect of each Lifeboat Station.

(7) The Licensee shall not permit or suffer any unauthorized person to operate the said
Stations or to have access to the apparatus comprised therein:

Provided that the Licensee shall permit any person, acting in the course of his duty on
behalf of the Telecommunications Authority or the Director of Marine, to have access to
the said Stations at all reasonable times for the purpose of inspecting and testing the
apparatus comprised therein. The Licensee shall ensure that persons operating the said
Stations observe the conditions of this Licence at all times.

(8) The said Stations shall be closed down at any time on the demand in writing of an officer
of the Telecommunications Authority.

2.The Licensee shall render to the Telecommunications Authority such accounts as the
Telecommunications Authority shall direct in respect of all charges due or payable under the
Telecommunication Convention in respect of messages exchanged between the Ship Station
and any other stations, and shall pay to the Telecommunications Authority at such times
and in such manner as the Telecommunications Authority shall direct all sums which shall be
due from the Licensee for such messages. A certified statement of any such sums signed on






behalf of the Telecommunications Authority by a duly authorized officer, shall for all
purposes (including the purposes of any proceedings by or against the Crown) be sufficient
evidence, unless the contrary is proved, of the facts stated therein.





3.(1) All members of the crew of and passengers in the ship for the time being are hereby
permitted to install apparatus for receiving radiocommunication in the ship and to use the
said apparatus for the purpose of receiving broadcast programmes sent by authorized
broadcasting stations.

(2) The said apparatus shall be so maintained and used that it does not cause interference
with any radiocommunication.

(3) The said apparatus shall be open to inspection at all reasonable times by duly authorized
officers of the Telecommunications Authority and shall cease to he used at any time on the
demand in writing of any such officer.

4.(1) Subject as hereinafter provided, this Licence shall continue in force from year to year
until revoked by the Telecommunications Authority.

(2) The licensee shall pay to the Telecommunications Authority on the issue of this Licence
the sum prescribed by or under regulations for the time being in force under the
Telecommunication Ordinance (Cap. 106) and in advance in each year on or before the
anniversary of the date of issue the renewal fee prescribed by or under the said regulations.

(3) The Telecommunications Authority may at any time after the date of issue revoke this
Licence or vary the terms, provisions or limitations thereof by a notice in writing served on
the Licensee, or by a general notice published in the Gazette addressed to all holders of Ship
Licences. Any notice given under this clause may take effect forthwith or on such
subsequent date as may be specified in the notice.

(4) The Licensee shall make application promptly in writing to the Telecommunications
Authority for a new licence whenever there is any change

(a) of his address;

(b) of the name of the Ship (in the case of a Ship Station Licence); or
(c) of the radio equipment fitted.

(5) This Licence shall be revoked with effect from the date upon which a new licence is
granted. The Licensee shall upon receipt by him of the new licence return this Licence to
the said Authority.

(6) The Licensee shall pay to the Telecommunications Authority in respect of the new
licence the fee prescribed by or under the regulations for the time being in force under the
Telecommunication Ordinance (Cap. 106) for a Ship Station Licence less an amount equal
to one-twelfth of such fee multiplied by the number of months that remain in the unexpired
period within which this Licence would have been valid had the same not been revoked. Such
number of months shall he calculated from the first day of the month next following the day
on which the new licence is granted.

For the purpose of this subclause, in calculating the one-twelfth of the licence fee
mentioned herein any fraction of a dollar shall be disregarded.

5.This Licence is not transferable and shall be returned to the Telecommunications
Authority-

(a) if the licence has been cancelled;

(b) if the licence has expired by effluxion of time;

(c) if the licensee has ceased to be the owner of the ship; or

(d) if the nationality of the ship has changed.

6.Nothing in this Licence shall be deemed to waive any requirement imposed on the Licensee
by or under any Ordinance.

7.In this Licence, 'the Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.




........................
For and on behalf of the
Telecommunications Authority.

(L.N. 43 of 1966; L.N. 72 of 1972; L.N. 4 of 1984)





TELECOMMUNICATION ORDINANCE
(Chapter 106)

AIRCRAFT STATION LICENCE



No. .........................................................

Period of Validity ...........................................

In accordance with the requirements of the Telecommunication Ordinance (Cap. 106) and
with the Radio Regulations annexed to the International Telecommunication Convention now in
force, this licence is herewith issued for the installation and for the use of the radio equipment
described below

1 2 3 4

Nationality and Call Sign or other Type of Owner of
Registration Mark Identification Aircraft Aircraft
of the Aircraft
a b c d
Equipment Frequency
Type Power Class of Bands of
(Watts) Emission Assigned
Frequencies
5 Transmitters
6 Survival Craft
Transmitters
(when applicable)
7 Other Equipment

For the Issuing Authority:




.................... ......................... ......................
Place. Date of Issue. Authentication.

M............................................................................................
of...........................................................................................
(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions herein
contained-

(a)to possess and establish in the aircraft described above (hereinafter called 'the
aircraft' a transmitting and receiving station for radiocommunication (hereinafter
called 'the Station' which expression includes any apparatus for
radiocommunication in any survival-craft associated with and normally carried by
the aircraft); and





(b) to use the Station for the purpose of-
(i) transmitting messages by radiocommunication; and
(ii) receiving by radiocommunication messages transmitted for general reception
by aircraft stations or for reception by the Station, and receiving by
radiocommunication messages including programmes transmitted by authorized
broadcasting stations;
(e)to possess and establish an aircraft's radar transmitting and receiving station for
radio determination (hereinafter called 'the Radar Station') in the aircraft; and
(d)to use the Radar Station for transmitting and receiving signals (not being messages
having a verbal significance) within the frequency band specified in the Schedule
hereto, for the purposes of the determination of position, bearing or distance, or for
the gaining of information as to the presence, absence, position or motion of any
object or of any objects of any class.

CONDITIONS

(1) The Station and the Radar Station shall be operated only by persons authorized by the
Licensee in that behalf, and the Licensee shall not permit or suffer it to be operated by any
other person:
Provided that nothing in this Licence shall prevent the use or operation of
radiocommunication apparatus in survival-waft in distress in whatever manner may be
necessary for the purpose of attracting attention, making known their position and obtaining
help.
(2) The Licensee and all persons operating the Station and the Radar Station shall observe
and comply with the relevant provisions of the Telecommunication Convention.
(3) The apparatus comprised in the Station and the Radar Station shall be so designed,
constructed, maintained and used that the use of the Station does not cause any avoidable
interference with any radiocommunications.
(4) This Licence shall be available for inspection when required by any person acting in the
course of his duty on behalf of the Telecommunications Authority or the Director of Civil
Aviation and by competent authorities of the countries where the aircraft calls.
(5) No message which is grossly offensive or of an indecent or obscene character shall be
transmitted.
2.If the Station is used for transmitting public correspondence, the following provisions shall
apply-
The Licensee shall render to the Telecommunications Authority such accounts as the
Telecommunications Authority shall direct in respect of all charges due or payable under
the Telecommunication Convention in respect of messages exchanged between the Station
and any other stations; and shall pay to the Telecommunications Authority at such times
and in such manner as the Telecommunications Authority shall direct all sum which shall
be due from the Licensee for such messages. A certified statement of any such sums signed
on behalf of the Telecommunications Authority by an officer authorized in that behalf
shall for all purposes (including the purposes of any proceedings by or against the Crown)
be sufficient evidence, unless the contrary is proved, of the facts stated therein.
3.(1) Subject as hereinafter provided this Licence shall continue in force from year to year until
revoked by the Telecommunications Authority.
(2) The Licensee shall pay to the Telecommunications Authority on the issue of this Licence
the sum prescribed by or under regulations for the time being in force under the
Telecommunication Ordinance (Cap. 106) and in advance in each year on or before the
anniversary of the date of issue the renewal fee prescribed by or under the said regulations.
(3) The Licensee shall make application promptly in writing to the Telecommunications
Authority for a new licence whenever there is any change-
(a) of his address; or
(b) of the radio equipment fitted.
(4) This Licence shall be revoked with effect from the date upon which a new licence is
granted. The Licensee shall upon receipt by him of the new licence return this Licence to the
said Authority.





(5) The Licensee shall pay to the Telecommunications Authority in respect of the new
licence the fee prescribed by or under the regulations for the time being in force under the
Telecommunication Ordinance (Cap. 106) for an Aircraft Station Licence less an amount
equal to one-twelfth of such fee multiplied by the number of months that remain in the
unexpired period within which this Licence would have been valid had the same not been
revoked. Such number of months shall be calculated from the first day of the month next
following the day on which the new licence is granted

For the purpose of this subclause, in calculating the one-twelfth of the licence fee
mentioned herein any fraction of a dollar shall be disregarded.

4.This Licence is not transferable.

5.This Licence shall be returned to the Telecommunications Authority when it has been
revoked.

6.Any Licence however described which the Telecommunications Authority has previously
granted to the Licensee in respect of the Station or the Radar Station is hereby revoked.

7.Nothing in this Licence shall be deemed to exempt any person from the requirements of the
Colonial Air Navigation Order 1961, or any subsequent Colonial Air Navigation Order which
has from time to time or at any time been acceded to by or applied to Hong Kong, or any
regulations made under that Order.

8.In this Licence, 'the Telecommunication Convention' means any International
Telecommunication Convention, and the Radio Regulations annexed thereto, which has
from time to time or at any time been acceded to by or applied to Hong Kong.




.......................................
For and on behalf of the
Telecommunications Authority.

(L.N, 43 of 1966; L.N. 72 of 1972; L.N. 4 of
1984)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

PRESS RECEPTION (DIRECT) LICENCE

DATE OF ISSUE:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL:

................................................ of ...............................
.......................................................................................
(hereinafter called 'the Licensee') having paid to the Telecommunications Authority an issue fee
of $........is hereby licensed, subject to the conditions herein contained-

(a)to possess, establish and maintain a receiving station for radiocommunication,
(hereinafter called 'the Station') at ............................................
............................................................................., and

(Address).


(b)to use the Station for the sole purpose of receiving press messages sent by stations
for radiotelegraphy outside Hong Kong and addressed to all stations, and such press
messages addressed to several destinations as are specified in the Schedule hereto.





CONDITIONS

1.The apparatus comprised in the Station shall be so designed, constructed, maintained and
used that the use of the Station does not cause any interference with any
radiocommunication.

2.The Station and the Licence shall be available for inspection at all reasonable times by an
officer of the Telecommunications Authority.

3.The Licensee and all persons operating the Station shall observe and comply with the
relevant provisions of the Telecommunication Convention.

4. This Licence shall continue in force until and
thereafter so long as the Licensee pays to the Telecommunications Authority in advance in
each year on or before (date)
a renewal fee of provided that the Telecommunications
Authority may at any time after the date of issue revoke this Licence or vary the terms,
provisions or limitations thereof by a notice in writing served on the Licensee. Any such
notice
given under this clause may take efrect either forthwith or on such subsequent date as may be
specified in the notice.

5. This Licence is not transferable.

6.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

7.Any Licence however described which the Telecommunications Authority has previously
granted to the Licensee in respect of the Station is hereby revoked.

8. In this Licence-

(1) 'Press message' means messages of which the text consists exclusively of information,

comment, reports and narratives on subjects of public interest for the time being intended
for publication in a newspaper; or for broadcasting; (2) (Repealed L.N. 4 of 1984)

(3) 'The Telecommunication Convention' means any International Telecommunication
Convention, and the Radio Regulations annexed thereto, which has from time to time
or
at any time been acceded to by or applied to Hong Kong;
(4) 'Radiocommunication' shall mean a system of telecommunication for the transmission

of written matter by the use of a signal code.

9. The Licensee shall

(a)give notice promptly in writing to the Telecommunications Authority of any
change

(i) of his address;
(ii) of the address of the Receiving Station; or
(iii) of any of the particulars set out in the Licence and the Schedule;
and

(b)when giving any notice mentioned in paragraph (a), return this Licence and the
Schedule to the said Authority for amendment.

10.If the power for working the Station is taken from a public electricity supply, no direct
connection shall be made between the supply mains and the aerial.

11.An aerial which crosses above or is liable to fall or to be blown on to any overhead power
wire (including electric lighting and tramway wires) or power apparatus shall be guarded to
the reasonable satisfaction of the owner of the power wire or power apparatus concerned.







12.This Licence does not authorize the Licensee to do any act which is an infringement of any
copyright which may exist in the matter sent or received.

13.If any message, the receipt of which is not authorized by this Licence, is received by means
of the Station, neither the Licensee nor any person using the Station shall make known the
contents of any such message, its origin or destination, its existence or the fact of its receipt,
to any person except a duly authorized officer of the Telecommunications Authority or a





competent legal tribunal, and shall not retain a copy or make any use of any such message,
or allow it to be reproduced in writing, copied or made use of.



.............................
For an on behalf of the
Telecommunications Authority.

SCHEDULE

Name and Hours of
Call Sign Frequencies
of Agency Used for Reception Names and Addresses of
(0000-2400 Recipients of Press Messages
Sending Reception G.M.T.)
Station

(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE
(Chapter 106)

GENERAL COMMUNICATION RADIO RECEIVING
STATION (OTHER THAN A SOUND BROADCAST
RECEIVING APPARATUS) LICENCE

DATE OF ISSUE:
DATE OF EXPIRY:
FEE ON ISSUE: FEE
ON RENEWAL:

Licence No . ........................

M ...................................................................................................
(Name in full).

of ..................................................................................................
(Address in full).

(hereinafter called 'the Licensee') is hereby licensed to possess, establish and maintain, subject to
the conditions set forth hereon, a Receiving Station containing the apparatus mentioned in the
Schedule at ........................................................................................
....................................................................................................
(here specify the address where the apparatus is maintained) for the purpose of ....................

Dated this day of 19





CONDITIONS

1.The Licensee shall not allow the Station to be used for any purpose other than that specified
in this Licence.

2.The Licensee shall enter in a book (hereinafter referred to as the Log Book) the date and
time of receipt of each and every message received, the call sign of the sending station and a
summary of the message. The Log Book shall be available for inspection at all reasonable
times by a duly authorized officer of the Telecommunications Authority.

3.If any message, for the receipt of which the use of the apparatus is not authorized, is
unintentionally received, no person shall make known its contents, origin, destination or
existence, or the fact of its receipt to any person other than a duly authorized officer of the
Telecommunications Authority or a competent legal tribunal, and shall not reproduce in
writing, copy or make any use of such message or allow it to be reproduced in writing, copied
or made use of.

4.The Station shall not be used in such a manner as to cause avoidable interference with the
working of other telecommunications.

5.An aerial which crosses above, or is liable to fall upon, or to be blown onto any overhead
power wire, including electric lighting and tramway wires, must be guarded to the reasonable
satisfaction of the owner of the power wire concerned. No aerial shall be erected in such a
way as to contravene any provision of the Hong Kong Airport (Control of Obstructions)
Ordinance (Cap. 301) or, in such a way that, in falling or being lowered, it shall occupy or
traverse a public thoroughfare.

6.If an earth connection is used it shall, where possible, consist of a buried metallic plate or
tube in the ground external to the building. Where this arrangement is not possible, an
efficient connection to a cold water mains' metal pipe may be used. A gas or hot water pipe
shall on no account be used. The cross sectional area of the earth conductor wire shall be not
less than 4 mm' (7/0.85). The earth system shall be such that the voltage to ground from the
earth terminal of the radio receiver shall not exceed 40 volts R. M. S. under fault conditions.

7.The Station and this Licence shall be open to inspection at all reasonable times by a duly
authorized officer of the Telecommunications Authority.

8. This Licence is not transferable.

9.The Licensee shall give notice promptly in writing to the Telecommunications Authority of
any change of his address, or the address where the apparatus is maintained or any proposed
change in the details mentioned in the Schedule and, when giving such notice, shall return
this Licence to the said Authority for amendment.

10.This Licence shall continue in force for one year from the date of issue and thereafter for
successive periods of one year, so long as the Licensee pays to the Telecommunications
Authority in advance before the beginning of each successive period the renewal fee
prescribed by or under the regulations for the time being in force.

11.In the event of any contravention by the Licensee of any condition herein or of the
Telecommunication Ordinance (Cap. 106) the Telecommunications Authority may at any
time after the date of issue cancel this Licence by a notice in writing served on the Licensee.
Any notice given under this paragraph may take effect forthwith or on any such subsequent
date as may be specified in the notice.

Note: (1) This Licence does not authorize any infringement of copyright in the matter received.

(2)A licence is required for apparatus which is rented or hired (See section 8(2) of the
Telecommunication Ordinance (Cap. 106)).



.............................
For and on behalf of the
Telecommunications Authority.





SCHEDULE

APPARATUS

Make Type Serial No. Frequency Range Remarks
of Receiver

STATION FUNCTION
Service(s) Operating Authority for
Authorized Frequencies Reception Remarks



(L.N. 195 of 1967; L.N. 294 of 1985)

TELECOMMUNICATION ORDINANCE
(Chapter 106)

EXPERIMENTAL STATION LICENCE

DATE OF ISSUE:
RENEWABLE: FEE
ON ISSUE: FEE ON
RENEWAL:

................................................................................... of
.......................................................................................
(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions herein contained-
(a) to possess, establish and maintain a transmitting and receiving station for radio-
communication (hereinafter called 'the Station') at ......................................
....................................................................................; and

(Address)

(b)for the purpose only of testing and developing the radiocommunication apparatus
from time to time comprised in the Station, to use the Station for transmitting test
messages intended solely for reception within the room in which the Station is
situated and receiving the same test messages, and for receiving test messages from
any of the stations specified in the Schedule hereto.

CONDITIONS

1 (a) The Station shall be used only under suppressed radiation conditions, that is to say,
in such a way that no electro-magnetic energy capable of reception by any station or
apparatus for radiocommunication situated outside the curtilage of the premises in
which the Station is situated shall be emitted from the Station.





(b) The Station shall be operated only by persons authorized by the Licensee in that

behalf.

2.The apparatus comprised in the Station shall be so designed, constructed, maintained and used
that the use of the Station does not cause any interference with any radiocommunications.

3.The Licensee shall not permit or suffer any unauthorized person to operate the Station or to
have access to the apparatus contained therein. The Licensee shall ensure that persons
operating the Station observe the terms, provisions and limitations of this Licence at all
times.

4.The Station, and this Licence, shall be available for inspection at all reasonable times by duly
authorized officers of the Telecommunications Authority.

5.This Licence shall continue in force for one year from the date of issue, and thereafter for
successive periods of one year so long as the Licensee pays to the Telecommunications
Authority in advance before the beginning of each successive period the renewal fee
prescribed by or under the regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke this Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee. Any notice given under this clause may take effect either
forthwith or on such subsequent date as may be specified in the notice.

6. This Licence is not transferable.

7. The Licensee shall-

(a) give notice promptly in writing to the Telecommunications Authority of any

change-
(i) of his address; or

(ii) of the location of the premises where the equipment to which the Licence
relates is operated; and

(b) when giving any notice mentioned in paragraph (a), return this Licence to the said

Authority for amendment.

8.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

9.Any Licence however described which has previously been granted to the Licensee in respect
of the Station is hereby revoked.

10.This Licence does not authorize the use of the Station for the reception of messages for the
purpose of conveying news or any other information not directly related to the purpose of
the testing of the radiocommunication apparatus.

11.If any message, the receipt of which is not authorized by this Licence, is received by means of
the Station, neither the Licensee nor any person using the Station shall make known the
contents of any such message, its origin or destination, its existence or the fact of its receipt
to any person except a duly authorized officer of the Telecommunications Authority or a
competent legal tribunal, and shall not retain any copy or make use of any such message, or
allow it to be reproduced in writing, copied or made use of.

12.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

13.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.





............................
For and on behalf of the
Telecommunications Authority.

(L.N. 43 of 1966; L.N. 4 of 1984)





TELECOMMUNICATION ORDINANCE
(Chapter 106)

MOBILE RADIO SYSTEM
FIXED STATION LICENCE

DATE OF ISSUE:
RENEWABLE: FEE
ON ISSUE: FEE ON
RENEWAL:

............................................................................ of
.................................................................................
(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions attached hereto-
(a) to possess, establish and maintain a transmitting and receiving station for radio-
telephony (hereinafter called 'the Fixed Station') at .....................................
.......................................................................................; and

(Address).

(b) to use the Fixed Station for the purpose of transmitting and receiving spoken
messages concerning the business of the Licensee as .......................................

CONDITIONS

1.Messages referred to in paragraph (b) above may be exchanged between the Stations
comprised in the Mobile Radio System licensed in the name of the Licensee, and shown on the
second part of the Schedule.

2. This Licence must be displayed in a glass frame in the Station.

3. (a) The Stations shall be used only with emissions at the frequencies and of the classes

and characteristics respectively specified in the Schedule hereto in relation to the
class
and characteristic of the emission in use.

(b)The Stations shall be operated only by persons authorized by the Licensee in that
behalf

4.The apparatus comprised in the Stations shall be so designed, constructed, maintained and used
that the use of the Stations does not cause any avoidable interference with any other duly
licensed or authorized telecommunications.

5.The apparatus comprised in the Stations shall at all times comply with the performance
specifications shown in the Schedule annexed to this Licence, subject however to such
modifications thereof in favour of the Licensee as the Telecommunications Authority may
from time to time permit. The Licensee shall not make any alteration in the said apparatus
without the previous written consent of the Telecommunications Authority, except

(a)an alteration the effect of which is to cause the said apparatus to comply, or to
continue to comply, with the said specifications; or

(b) a replacement of any component by another component of the same type.

6.The Licensee shall not permit or suffer any unauthorized person to operate the Stations or to
have access to the apparatus contained therein. The Licensee shall ensure that persons
operating the Stations observe the terms, provisions and limitations of the Licence at all
times.







7.Every message sent from any of the Stations shall start with an announcement of the call sign
of the called and calling Stations. The call sign of the calling Stations shall be repeated at the
end of every period of transmission provided that no call sign need be announced more than
once in any period of one minute. The Stations shall be called and identified only by their
authorized call signs which are specified in the Schedule hereto.

8.The Stations, and the Licence, shall be available for inspection at all reasonable times by duly
authorized officers of the Telecommunications Authority.





9. This Licence shall continue in force so long as the Licensee pays to the Telecommunications

Authority in advance on or before the date of expiry .................... in each year
the renewal fee prescribed by or under the regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke the Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee. Any notice given under this clause may take effect forthwith
or on such subsequent date as may be specified in the notice.

10. The Licence is not transferable.

11.The Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

12.Any Licence or Permit however described which the Telecommunications Authority has
previously granted to the Licensee in respect of the Stations or any of them is hereby
revoked.

13.The Telecommunications Authority shall be notified promptly of any change of the address
of the Licensee, or any proposed change in any of the Stations comprised in the Licence and
whenever any such change occurs this Licence and the Schedule must be returned promptly to
the Telecommunications Authority for amendment. (Prior authority is needed before any of
the Stations is established in any vehicle, ship, aircraft or place other than as specified in the
Schedule to this Licence).

14.If power for the working of a Fixed Station is taken from a public electricity supply, no direct
connection shall be made between the supply mains and the aerial.

15.If the Fixed Station aerial crosses above or is liable to fall or to be blown on to any overhead
power wire (including electric lighting and tramway wires) or power apparatus it must be
guarded to the reasonable satisfaction of the owner of the power wire or power apparatus
concerned.

16.The connection of any of the Stations with the public telephone exchange will not be
permitted.

17.Unless the Licence expressly so provides, it does not authorize the relaying of messages
received at any Station to any other premises or place, or the communicating of such
messages to the public.

18.If any message, the receipt of which is not authorized by the Licence, is received by means of
the Station, neither the Licensee nor any person using the Stations shall make known the
contents of any such message, its origin or destination, its existence or the fact of its receipt
to any person except a duly authorized officer of the Telecommunications Authority or a
competent legal tribunal, and shall not retain any copy or make any use of any such message,
or allow it to be reproduced in writing, copied or made use of.

19.The Telecommunications Authority may publish at his discretion the Licensee's name and
address, and the frequencies allotted for his service, unless the Licensee specifically asks that
this should not be done.

20.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

21.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.



..............................
For and on behalf of the
Telecommunications Authority.





MOBILE RADIO STATION

SCHEDULE

Name and Address of Licensee ............................................................................
..........................................................................................................
..........................................................................................................

Frequency and Maximum
Maximum Bandwidth Class of Effective Aerial
Call Frequency of Emission Emission Radiated Characteristics
Sign Tolerance (Para. D (Para. C Power (Watts) (Paras. A & B
(Para. D applies) applies) (Paras. A & B apply)
applies) apply)

1 2 3 4 5 6 7

Part 1
Fixed Station

Part 2
Mobile Stations

Issued ...................

19 ...................

For the purposes of the Schedule

A.Effective radiated power (ERP) is the mean radio frequency power multiplied by the gain of
the aerial in the horizontal plane. The mean radio frequency power (RFP) will be taken as
that delivered to the aerial and generally for the unmodulated condition; but in the case of
systems in which the application of modulation causes an increase in the effective carrier
power, apart from any change in power due to redistribution between the carrier and
sidebands, this will be allowed for.

B.RFP, ERP, and the aerial characteristics will be assessed either by measurements or by
calculation from the characteristics of the types of apparatus used, at the discretion of the
Telecommunications Authority.

C.The symbols used to designate the classes of emission have the meanings assigned to them in
the Telecommunication Convention.

D.'Bandwidth' and 'frequency tolerance' have the meanings assigned to them in the
Telecommunication Convention.

(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

MOBILE RADIO SYSTEM
MOBILE STATION LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE ON ISSUE:
FEE ON RENEWAL:





.................................................................................. of
........................................................................................
(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions attached hereto-

(a)to possess, establish and maintain a transmitting and receiving station for
radiotelephony (hereinafter called 'the Mobile Station') at .................................
........................................................................................; and
(Address).

(b)to use the Mobile Station for the purpose of transmitting and receiving spoken
messages concerning the business of the Licensee as ...........................................
...............................................................................................

CONDITIONS

1.Messages referred to in paragraph (b) above may be exchanged between Mobile Stations or
between the Mobile Station and a Fixed Station if the latter is duly licensed, in the name of
the Licensee, as a Mobile Radio Station System, Fixed Station and be shown in the second part
of the Schedule attached to the Fixed Station Licence concurrently held by the Licensee.

2.This Licence must be displayed in a glass frame in the Station.

3.This Licence is subject to the conditions attached to the Mobile Radio System Fixed Station
Licence.

4.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

5.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.

........................
For and on behalf of the
Telecommunications Authority.
(L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

AERONAUTICAL V.H.F. STATION LICENCE

DATE OF ISSUE:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL:

........................................................................................ of
...................................................................................................
(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions herein contained-







(a) to possess, establish and maintain at ......................................................................
................................................................... a transmitting and receiving station for
radiocommunication (hereinafter called 'the Station');

(b) to use the Station for the purpose of transmitting and receiving messages only to
aircraft in flight which are owned by or represented exclusively by the Licensee;

(e) messages authorized in paragraph (b) above must relate solely to the business of the
airline company and have reference only to the aircraft being communicated with
and





may not include any message which, in the opinion of the Telecommunications
Authority, should properly be transmitted or received by or through the facilities of
the Department of Civil Aviation or the general telegraph service.

CONDITIONS

1. (a) The Station shall be used only with the emissions at the frequencies and of the classes
and characteristics respectively specified in the Schedule hereto in relation to the class
and characteristics of the emission in use.

(b) The Station shall be operated only by persons authorized by the Licensee in that
behalf.

2. The apparatus comprised in the Station shall be so designed, constructed, maintained and used
that the use of the Station does not cause any interference with any other duly licensed or
authorized telecommunications.

3. The apparatus comprised in the Station shall at all times comply with the performance
specifications annexed to this Licence, subject however to such modifications thereof in
favour of the Licensee as the Telecommunications Authority may from time to time permit.
The Licensee shall not make any alterations in the said apparatus without the previous
written consent of the Telecommunications Authority, except

(a) an alteration the effect of which is to cause the said apparatus to comply, or to
continue to comply, with the said specifications; or

(b) a replacement of any component by another component of the same type.

4. The Licensee shall not permit or suffer any unauthorized person to operate the Station or to
have access to the apparatus contained therein. The Licensee shall ensure that persons
operating the Station observe the terms, provisions and limitations of this Licence at all
times.

5. Every message transmitted from the Station shall start with an announcement of the call sign
of the called and calling stations. The call sign of the calling station shall be repeated at the
end of every period of transmission provided that no call sign need be announced more than
once in any period of one minute. The Station shall be called and identified only by the
authorized call sign which is specified in the Schedule hereto.

6. The Station, and this Licence shall be available for inspection at all reasonable times by duly
authorized officers of the Telecommunications Authority.

7. This Licence shall continue in force until the .............................................. and
thereafter so long as the Licensee pays to the Telecommunications Authority in advance on or
before the .............................................................................and on or
before the ...............................................................................in each
subsequent year the renewal fee prescribed by or under the regulations for the time being in
force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke this Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee. Any notice given under this clause may take effect either
forthwith or on such subsequent date as may be specified in the notice.

8. This Licence is not transferable.

9. This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

10. Any Licence or Permit however described which the Telecommunications Authority has
previously granted to the Licensee in respect of the Station is hereby revoked.

11. The Licensee shall-

(a) give notice promptly in writing to the Telecommunications Authority-
(i) of any change of his address;
(ii) of any proposed change in the station; or
(iii) of any proposed change of the place at which the station is installed; and

(b) return this Licence and the Schedule to the said Authority for amendment when
giving the notice mentioned in paragraph (a) (i) or when the change referred to in
paragraph (a) (ii) or (iii) has been effected.





12.If power for the working of the Station is taken from a public electricity supply, no direct
connection shall be made between the supply mains and the aerial.

13.If the aerial crosses above or is liable to fall or to be blown on to any overhead power wire
(including electric lighting and tramway wires) or power apparatus it shall be guarded to the
reasonable satisfaction of the owner of the power wire or power apparatus concerned.

14.The connection of the Station with the public telephone system will not be permitted.

15.If any message, the receipt of which is not authorized by this Licence, is received by means
of the Station, neither the Licensee nor any person using the Station shall make known the
contents of any such message, its origin or destination, its existence or the fact of its receipt
to any person except a duly authorized officer of the Telecommunications Authority or a
competent legal tribunal, and shall not retain any copy or make any use of any such
message, or allow it to be reproduced in writing, copied or made use of.

16.The Telecommunications Authority may publish at his discretion the Licensee's name and
address, and the frequencies allotted for his service.

17.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

18.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.



..................................
For and on behalf of the
Telecommunications Authority.

AERONAUTICAL V.H.F. STATION

SCHEDULE

Name and Address of Licensee..............................................................................
..........................................................................................................
..........................................................................................................
..........................................................................................................

Frequency and Maximum
Station Maximum Bandwidth Class of Effective Aerial
Call Frequency of Emission Emission Radiated Characteristics
Installed Sign Tolerance (Para. D (Pars. C Power (Watts) (Paras. A & B
(Location) (Para. D applies) applies) (Paras. A & B apply)
applies) apply)
1 2 3 4 5 6 7



Issued...............

19..................





For the purposes of the Schedule

A.Effective radiated power (ERP) is the mean radio frequency power multiplied by the gain of
the aerial in the horizontal plane. The mean radio frequency power (RFP) will be taken as
that delivered to the aerial and generally for the unmodulated condition; but in the case of
systems in which the application of modulation causes an increase in the effective carrier
power, apart from any change in power due to redistribution between the carrier and the side
bands, this will be allowed for.

B.RFP ERP, and the aerial characteristics will be assessed either by measurements or by
calculation from the characteristics of the types of apparatus used, at the discretion of the
Telecommunication Authority.

C.The symbols used to designate the classes of emission have the meanings assigned to them in
the Telecommunication Convention.

D.'Bandwidth' and 'frequency tolerance' have the meanings assigned to them in the
Telecommunication Convention.

(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

RADIOPHONE COMMUNICATION (FIXED) STATION LICENCE

DATE OF ISSUE:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL:

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

(hereinafter called 'the Licensee') is licensed, subject to the conditions herein contained-
(a) to possess, establish and maintain a transmitting and receiving station for

radiotelephony (hereinafter called 'the Station') at
....................................................

..................................... and

(Address)

(b) to use the Station for the purpose of-

(i) transmitting to any duly authorized station telephone calls originating from
the public telephone service;

(ii) receiving from any duly authorized station telephone calls for interconnection
to the public telephone service.

CONDITIONS

1 (a) The Station shall be used only with emissions at the frequencies and of the classes and

characteristics specified below, and with such power and aerial characteristics as are
specified below in relation to the class and characteristics of the emission in use-





1 2 3 4

Transmitting Frequency Class of Maximum Effective Aerial
and Maximum Emission Radiated Power (Watts)
Characteristics
Frequency Tolerance (See Clause (See Clause 7(a) (See Clause
(See Clause 7(d)) 7(c)) & 7(b)) 7(a) & 7(b))

(b)The apparatus comprised in the Station shall at all times comply with the same
technical standards as may be prescribed by the Telecommunications Authority.

2.The apparatus comprised in the Station shall be so designed, constructed, maintained and
operated that the use of the Station does not cause any avoidable interference with any
radiocommunication&

3.The Station shall be operated only by the Licensee or by persons authorized by the Licensee
in that behalf. The Licensee shall not permit or suffer any unauthorized person to have access
to the apparatus comprised in the Station. The Licensee shall ensure that persons operating
the Station observe the terms, provisions and limitations of the Licence at all times.

4.The Station, and this Licence shall be available for inspection at all reasonable times by duly
authorized officers of the Telecommunications Authority.

5. (i) This Licence shall continue in force until revoked by the Telecommunications

Authority or surrendered by the Licensee in the manner hereinafter provided.

(ii) The Licensee shall pay to the Telecommunications Authority on the issue of this

Licence the fee of $..................and

thereafter in advance in respect of each year so long as this Licence shall continue in

force the renewal fee of $............the first of such
renewal fees being in respect of the year beginning ................., 19 ......

(iii) The Telecommunications Authority may at any time after the date of issue revoke
this Licence or vary the terms, provisions or limitations thereof by a notice in
writing
served on the Licensee. Any notice given under this paragraph may take effect
forthwith or on such subsequent date as may be specified in the notice.

(iv) The revocation or surrender of the Licence shall not prejudice any right of action
or other remedy of the Telecommunications Authority against the Licensee in
respect of any antecedent breach, non-observance or non-performance by or any
accrued liability of the Licensee under any of the terms, provisions or limitations
thereof, and in particular the issue fee shall not be returnable in whole or in part.

(v) This Licence shall be returned to the Telecommunications Authority when it has
been revoked or surrendered.

(vi) This Licence is not transferable.

(vii) The Licensee shall-

(a) give notice promptly in writing to the Telecommunications Authority-
(i) of any change of his address;
(H) of any proposed change in the station; or
(iii) of any proposed change of the place at which the station is installed; and

(b)return this Licence and the Schedule to the said Authority for amendment when
giving the notice mentioned in paragraph (a)(i), or when the change referred to
in paragraph (a)(ii) or (iii) has been effected.





6.Any Licence however described which the Telecommunications Authority has previously
granted to the Licensee is hereby revoked.

7.The following definitions apply to the technical characteristics specified in clause 1(a) of
the Licence

(a)Effective radiated power (ERP) is the mean radio frequency power multiplied by
the gain of the aerial in the horizontal plane. The mean radio frequency power
(RFP) will be taken as that delivered to the aerial and generally for the
unmodulated. conditions; but in the case of systems in which the application of
modulation causes an increase in the effective carrier power, apart from any change
in power due to redistribution between the carrier and the side bands, this will be
allowed for.

(b)RFP, ERP and the aerial characteristics will be assessed either by measurements or
by calculation from the characteristics of the types of apparatus used, at the
discretion of the Telecommunications Authority.

(C)The symbols used to designate the classes of emission have the meanings assigned
to them in the Telecommunication Convention.

(d)'Frequency' and frequency tolerance' have the meanings assigned to them in the
Telecommunication Convention.

8.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

9.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.


........................
For and on behalf of the
Telecommunications Authority.

(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

RADIOPHONE COMMUNICATION (MOBILE) STATION LICENCE

DATE OF ISSUE:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL:

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

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

(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions herein contained-

(a)to possess, establish and maintain in a vehicle or other mobile object (hereinafter
called 'the Mobile Station')
........................................................................................


(Registered name or number of vehicle or other mobile object) a transmitting and
receiving station for radiotelephony; and

(b) to use the Mobile Station for the purpose of-

(i) transmitting to any duly authorized fixed station telephone calls for
interconnection to the public telephone service;

(ii) receiving from any duly authorized fixed station telephone calls transmitted
the public telephone service.





CONDITIONS

(i) The Mobile Station shall be used only with emissions at the frequencies and of the
classes and characteristics specified below, in relation to the class and
characteristics of the emission in use

2 3 4

Transmitting FrequencyClass of Maximum Effective Aerial
and Maximum EmissionRadiated Power (Watts) Characteristics
Frequency Tolerance(See Clause (See Clause 7(a) (See Clause
(See Clause 7(d)) 7(c)) 7(b)) 7(a) 7(b))

(ii) The apparatus comprised in the Mobile Station shall at all times comply with the
same technical standards as may be prescribed by the Telecommunications
Authority.

2.The apparatus comprised in the Mobile Station shall be so designed, constructed, maintained
and operated that the use of the Mobile Station does not cause any avoidable interference
with any radiocommunication&

3.The Mobile Station shall be operated only by the Licensee or by persons authorized by the
Licensee in that behalf. The Licensee shall not permit or suffer any unauthorized person to
have access to the apparatus comprised in the Mobile Station. The Licensee shall ensure that
persons operating the Mobile Station observe the terms, provisions and limitations of the
Licence at all times.

4.The Mobile Station and this Licence shall be available for inspection at all reasonable times
by duly authorized officers of the Telecommunications Authority.

5. (i) This Licence shall continue in force until revoked by the Telecommunications

Authority or surrendered by the Licensee in the manner hereinafter provided.

(ii) The Licensee shall pay to the Telecommunications Authority on the issue of this

Licence the fee of $ ................and

thereafter in advance in respect of each year so long as this Licence shall continue in
force the renewal fee of $
..............................................................................................
the first of such renewal fees being in respect of the year beginning
............................., 19 .....

(iii) The Telecommunications Authority may at any time after the date of issue revoke
this Licence or vary the terms, provisions or limitations thereof by a notice in writing
served on the Licensee. Any notice given under this paragraph may take effect
forthwith or on such subsequent date as may be specified in the notice.

(iv) The revocation or surrender of the Licence shall not prejudice any right of action
or other remedy of the Telecommunications Authority against the Licensee in
respect of any antecedent breach, non-observance or non-performance by or any
accrued liability of the Licensee under any of the terms, provisions or limitations
thereof, and in particular the issue fee shall not be returnable in whole or in part.

(v) This Licence shall be returned to the Telecommunications Authority when it has
been revoked or surrendered.

(vi) This Licence is not transferable.

(vii) The Licensee shall





(a) give notice promptly in writing to the Telecommunications Authority-
(i) of any change of his address;
(ii) of any proposed change in the station; or
(iii) of any proposed change of the place at which the station is installed; and

(b)return this Licence and the Schedule to the said Authority for amendment
when giving the notice mentioned in paragraph (a)(i) or when the change
referred to in paragraph (a)(ii) or (iii) has been effected.

6.Any Licence however described which the Telecommunications Authority has previously
granted to the Licensee is hereby revoked.

7.The following definitions apply to the technical characteristics specified in clause 1(i) of the
Licence---

(a)Effective radiated power (ERP) is the mean radio frequency power multiplied by
the gain of the aerial in the horizontal plane. The mean radio frequency power
(RFP) will be taken as that delivered to the aerial and generally for the unmodulated
conditions; but in the case of systems in which the application of modulation causes
an increase in the effective carrier power, apart from any change in power due to
redistribution between the carrier and the side bands, this will be allowed for.

(b)RFP, ERP and the aerial characteristics will be assessed either by measurements or
by calculation from the characteristics of the types of apparatus used, at the
discretion of the Telecommunications Authority.

(c)The symbols used to designate the classes of emission have the meanings assigned
to them in the Telecommunication Convention.

(d)'Frequency'and frequency tolerance' have the meanings assigned to them in the
Telecommunication Convention.

8.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

9.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.


..............................
For and on behalf of the
Telecommunications Authority.
(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE
(Chapter 106)

INDUCTION COMMUNICATION LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE ON ISSUE:
FEE ON RENEWAL:

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

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

(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions herein contained-





(a)...................to possess, establish and maintain at.......................
(Address).

a transmitting and receiving station for radio telegraphy (hereinafter called 'the
Fixed Station') and to establish such transmitting and receiving stations for radio
telegraphy (hereinafter called 'the Mobile Stations') as the Licensee may require;
and

(b)to use the Fixed Station and the Mobile Stations (hereinafter collectively called 'the
Stations') for the purpose of transmitting and receiving messages concerning the
business of the Licensee as
........................................................................................... between the Fixed
Station on the one hand and the Mobile Stations on the other.

CONDITIONS

1. (a) The Stations shall operate only in the induction field.

(b)The Stations shall be used only within the frequency bands and with emissions of the
classes and with the maximum radiated field, which are respectively specified in the
Schedule hereto.

(c)The Stations shall be operated only by persons authorized by the Licensee in that
behalf and the Licensee shall ensure that such persons observe the terms, provisions
and limitations of the Licence at all times.

2. (a) The apparatus comprised in the Stations shall be so designed, constructed,

maintained and used that the use of the Stations does not cause any interference with
any radiocommunication, or with the working of any station or circuit duly licensed
or authorized by the Telecommunications Authority.

(b)A satisfactory method of frequency stabilization shall be employed in the
transmitting apparatus.

(c)The frequency of the transmitting apparatus shall be verified at such times, and by
measuring equipment of such accuracy, as may be necessary to ensure that the
emissions are within the authorized frequency bands.

3.The Stations, and this Licence, shall be available for inspection at all reasonable times by duly
authorized officers of the Telecommunications Authority.

4.This Licence shall continue in force for one year from the date of issue, and thereafter so
long as the Licensee pays to the Telecommunications Authority in advance each year on or
before the anniversary date of the issue the renewal fee prescribed by or under the regulations
for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke this Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee. Any notice given under this clause may take effect either
forthwith or on such subsequent date as may be specified in the notice.

5. This Licence is not transferable.

6. The Licensee shall-

(a) give notice promptly in writing to the Telecommunications Authority-
(i) of any change of his address; or
(ii) of any proposed change of the place at which the station is installed; and

(b)return the Licence and the Schedule to the said Authority for amendment when
giving the notice mentioned in paragraph (a)(i) or when the change referred to in
paragraph (a)(ii) has been effected.







7.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

8.Any Licence however described which has previously been granted to the Licensee in respect
of the Stations or any of them is hereby revoked.

9.If power for the working of the Station is taken from a public electricity supply, no direct
connection shall be made between the supply mains and the induction loop.





10.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

11.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.


.........................
For and on behalf of the
Telecommunications Authority.

SCHEDULE

Frequency Classes of Emission
Bands Maximum Radiated Field
(Kc/s.) (See A below)
A1, A2, A3, F1, F2. F3 The radiated field at 90 m from the radiating
system shall not exceed 20 mV/m.

For the purpose of the Schedule.

A. The symbols used to designate the classes of emission have the meanings assigned to
them in the Radio Regulations annexed to or in force under the Telecommunication Convention.

B.'The Telecommunication Convention' means any International Telecommunication
Convention, and the Radio Regulations annexed thereto, which has from time to time or at
any time been acceded to by or applied to Hong Kong.

(L.N. 43 of 1966; L.N. 4 of 1984; L.N. 294 of 1985)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

RADIO DEALERS LICENCE
(RESTRICTED)

DATE OF ISSUE:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL:

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

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

(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions attached hereto-
to possess and deal in the course of trade or business in apparatus or material for
radiocommunications other than transmitting apparatus or in any component parts
therefor (hereinafter called 'the Licensed Apparatus').





CONDITIONS

1.Subject to the provisions of this clause, the Licensee may carry on the business of Radio
Dealer at the address shown above only. In the event of the Licensee changing his place of
business to an address other than the address shown above, he shall give notice promptly in
writing to the Telecommunications Authority of such change, and shall when giving such
notice, return this Licence to the said Authority for amendment.

2.All the Licensed Apparatus shall, unless and until disposed of in accordance with this
Licence, be stored at ......................................................................
...................................................... and in
no other place without the written permission of the Telecommunications Authority.

3.The Licensed Apparatus shall not be used for or by the Licensee for the purpose of
radiocommunications, except under and in accordance with a Licence granted by the
Telecommunications Authority.

4.This Licence Form shall be placed in a glass fronted frame and prominently displayed in the
licensed premises at all times.

5.The Licensee shall-

(a)keep and maintain complete and accurate registers of the Licensed Apparatus and
of all his dealings and transactions therewith;

(b)produce such registers and exhibit his stock of such Licensed Apparatus to and on
the demand of the Telecommunications Authority or any officer authorized by
him in that behalf;

(c)forward to the Telecommunications Authority each month a complete and
accurate list of all transactions carried out, which list shall reach the
Telecommunications Authority not later than the tenth day of the month
subsequent to that to which the list refers.

The list referred to in paragraph (c) above shall consist of four parts, namely, 'Goods
Purchased', 'Goods Sold', 'Repairs Carried Out' and 'Stock in Hand', in the case of the first
three parts the names and addresses of all customers or suppliers shall be included.

6.This Licence does not permit the Licensee to import, export, sell, hire or purchase or obtain
in any manner whatsoever any apparatus or appliances or parts thereof which are or can be
used for transmitting purposes.

7.This Licence shall continue in force for one year from the date of issue, and thereafter so
long as the Licensee pays to the Telecommunications Authority in advance in each year on
or before the anniversary of the date of issue a renewal fee of $..........

Provided that the Telecommunications Authority may at any time after the date of
issue revoke this Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee.

8. This Licence is not transferable.

9.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

10.Any Licence however described which has previously been granted to the Licensee in respect
of a Radio Dealers Business is hereby revoked.


.....................................
For and on behalf of the
Telecommunications Authority.

(L.N. 43 of 1966)





TELECOMMUNICATION ORDINANCE
(Chapter 106)

RADIO DEALERS LICENCE
(UNRESTRICTED)

DATE OF ISSUE:
RENEWABLE: FEE
ON ISSUE: FEE ON
RENEWAL:

........................................ of .......................
(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions attached hereto-

to possess and deal in the course of trade or business in apparatus or material for
radiocommunications or in any component parts therefor (hereinafter called 'the
Licensed Apparatus').

CONDITIONS

1 The Licensee may carry on the business of Radio Dealer at the address shown above only and
shall not, without the consent of the Telecommunications Authority, change such address. If
at any time the Licensee wishes to change the address shown above he shall make application
in writing to the Telecommunications Authority for consent to the proposed change not less
than 10 days before the date on which he intends to make such change. The Licensee shall,
when making such application, return this Licence to the said Authority for amendment in
the event of consent to the proposed change being granted.

2. All the Licensed Apparatus shall, unless and until disposed of in accordance with
the Licence,

he stored at .......................and in no other
place without the written permission of the Telecommunications Authority.

3.The Licensed Apparatus shall not be used for or by the Licensee for the purpose of
radiocommunication, except under and in accordance with a Licence granted by the
Telecommunications Authority.

4.This Licence Form shall be placed in a glass fronted frame and prominently displayed in the
licensed premises at all times.

5 The Licensee shall-

(a)keep and maintain complete and accurate registers of the Licensed Apparatus and of
all his dealings and transactions therewith;

(b)produce such registers and exhibit his stock of such Licensed Apparatus to and on
the demand of the Telecommunications Authority or any officer authorized by him
in that behalf,

(c)forward each month to the Telecommunications Authority a complete and accurate
list of all transactions carried out, which list shall reach the Telecommunications
Authority not later than the tenth day of the month subsequent to that to which the
list refers.

The list referred to in paragraph (c) above shall consist of four parts, namely, 'Goods
Purchased', 'Goods Sold', 'Repairs Carried Out' and 'Stock in Hand and in the case of the
first three parts the names and addresses of all customers or suppliers shall be included.

6.This Licence shall continue in force for one year from the date of issue and thereafter so long
as the Licensee pays to the Telecommunications Authority in advance in each year on or







before the anniversary of the date of issue a renewal fee of $.......

Provided that the Telecommunications Authority may at any time after the date of
issue revoke this Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee.

7. This Licence is not transferable.





8.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

9.Any Licence, however described, which has previously been granted to the Licensee in
respect of a Radio Dealers Business is hereby revoked.

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

For and on behalf of the
Telecommunications Authority.

(L.N. 43 of 1966)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

DEMONSTRATION LICENCE
(UNRESTRICTED)

DATE OF ISSUE: CALL SIGNS:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL:

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

.............
(hereinafter called 'the Licensee' is hereby licensed, subject to the terms.
provisions and limitations herein contained-

(a)to possess, establish and maintain transmitting and receiving station(s) for
radiocommunication (hereinafter called the 'Base Station(s)') at locations approved
by the Telecommunications Authority and to establish transmitting and receiving
stations) for radiocommunication (hereinafter called 'the Mobile Station(s)'); and

(b)to use the Base Station(s) and the Mobile Station(s) (hereinafter collectively called
'the Stations') for the purpose of transmitting and receiving, between the Base
Station(s) on the one hand and the Mobile Station(s) on the other, or between one
of the Mobile Stations and another of the Mobile Stations, spoken test messages for
demonstrating the apparatus comprised in the Stations in the course of the
Licensee's business as manufacturer or dealer in such apparatus.

CONDITIONS

1 (a) No messages relating to the business or private affairs of the Licensee or of any other

person, company or organization shall be transmitted or received by means of the
Stations.

(b)The Stations shall be operated only by persons authorized by the Licensee in that
behalf.

2.The apparatus comprised in the Stations shall be so designed, constructed, maintained and used
that the use of the Stations does not cause any interference with any other duly licensed or
authorized telecommunications.

3.The apparatus comprised in the Stations shall at all times comply with the performance
specifications as laid down by the Telecommunications Authority.







4. The Licensee shall not permit or suffer any unauthorized person to operate the
Stations or to have access to the apparatus comprised therein. The Licensee shall ensure that persons
operating the Stations observe the terms, provisions and limitations of this Licence at all
times.





5.Every message transmitted from any of the Stations shall start with an announcement of the
call sign of the called and calling Stations. The call sign of the calling Stations shall be
repeated at the end of every period of transmission provided that no call sign need be
announced more than once in any period of one minute. The Stations shall be called and
identified only by their authorized call signs listed on the first page of this Licence.

6.The Stations and this Licence shall be available for inspection at all reasonable times by duly
authorized officers of the Telecommunications Authority.

7.This Licence shall continue in force for one year from the date of issue, and thereafter so
long as the Licensee pays to the Telecommunications Authority in advance in each year on
or before the anniversary of the date of issue the renewal fee prescribed by order or under the
regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke this Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee. Any notice given under this clause may take effect either
forthwith or on such subsequent date as may be specified in the notice.

8. This Licence is not transferable.

9.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

10.Any Licence or Permit however described which has previously been granted to the Licensee
in respect of the Stations or any of them is hereby revoked.

11.The Licensee shall give notice promptly in writing to the Telecommunications Authority of
any change of his address and, when giving any such notice, return this Licence to the said
Authority for amendment. (Prior authority is needed before any demonstration is made).

12.If power for the working of any Base Station is taken from a public electricity supply, no
direct connection shall be made between the supply mains and the aerial.

13.If any Base Station aerial crosses above or is liable to fall or to he blown on to any overhead
power wire (including electric lighting and tramway wires) or power apparatus it shall be
guarded to the reasonable satisfaction of the owner of the power wire or power apparatus
concemed.

14.The connection of any of the Stations with the public telephone exchange system will not
be permitted.

15.Unless this Licence expressly so provides, it does not authorize the relaying of messages
received at any Station to any other premises or place, or the communicating of such
messages to the public, e.g. by loudspeaker.

16.If any message, the receipt of which is not authorized by this Licence, is received by means
of the Stations, neither the Licensee nor any person using the Stations shall make known the
contents of any such message, its origin or destination, its existence or the fact of its receipt
to any person except a duly authorized officer of the Telecommunications Authority or a
competent legal tribunal, and shall not retain any copy or make use of any such message, or
allow it to be reproduced in writing, copied or made use of.

17.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

18.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.

.................
For and on behalf of the
Telecommunications Authority.







(L.N. 43 of 1966; L.N. 4 of 1984)





TELECOMMUNICATION ORDINANCE
(Chapter 106)

RADIOCOMMUNICATION INSTRUCTION SCHOOL LICENCE

DATE OF ISSUE:

RENEWABLE: FEE
ON ISSUE: FEE ON
RENEWAL:

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

(hereinafter called 'the Licensee') is hereby licensed, subject to the terms, provisions and
limitations herein contained-

(a)to possess, establish and maintain, work and maintain a radiocommunication
receiving station and to install and work transmitting apparatus not connected with

an aerial at
...............................................................................................

(Address).
for the sole purpose of instructing pupils in the theory and practice of
radiocommunications;

(b)the transmitting apparatus shall be such that the radiation therefrom will not be
perceptible outside the building in which the apparatus is installed.

CONDITIONS

1 The Licensee shall submit to the Telecommunications Authority at the commencement of
each term a full and complete list of each and every student whom the Licensee proposes to
train during the said term. In addition a list shall be submitted giving details, including
qualifications, of all staff who will be in any way concemed with training pupils. If the
Telecommunications Authority at any time considers that any pupil or member of the staff
should not be permitted to continue attendance at the School he shall indicate this fact in
writing to the Licensee who shall forthwith prohibit such pupil or member of the staff from
using the licensed premises.

2.The licensed premises and apparatus shall be available for inspection at all reasonable times by
duly authorized officers of the Telecommunications Authority.

3.The licensed premises and apparatus shall be closed down at any time if the
Telecommunications Authority deems it expedient and notifies the Licensee in writing of his
decision so to do.

4.This Licence shall continue in force for one year from the date of issue and thereafter so long
as the Licensee pays to the Telecommunications Authority in advance in each year on or
before the anniversary of the date of issue the renewal fee prescribed by or under the
regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke this Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee. Any notice given under this clause may take effect either
forthwith or on such subsequent date as may be specified in the notice.

5. This Licence is not transferable.

6.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.







7.Any Licence or Permit, however described which has previously been granted to the Licensee
in respect of the School is hereby revoked.

8. The Licensee shall-

(a) give notice promptly in writing to the Telecommunications Authority





(i) of any change of his address;
(ii) of any change of the address of the school; or
(iii) of any proposed change in the list of students or the staff of the school
submitted in accordance with the provisions of clause and

(b) when giving any notice referred to in paragraph (a), return this Licence to the said

Authority for amendment.

9.If any message, the receipt of which is not authorized by this Licence, is received by means of
receiving apparatus installed and worked in the School, neither the Licensee nor any person
using the said receiving apparatus shall make known the contents of any such message, its
origin or destination, its existence or the fact of its receipt.

10.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

11.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have from
time to time or at any time been acceded to by or applied to Hong Kong.

...........................
For and on behalf of the
Telecommunications Authority.

(L.N 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

AMATEUR (SOUND) STATION LICENCE

DATE OF ISSUE: CALL SIGN:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL:

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

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

(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions herein contained-

(a)to possess, establish and maintain an amateur transmitting and receiving station for
radiocommunication (hereinafter called 'the Station') at
...........................................

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

(Address).

(b)to use the Station for the purpose of transmitting to, and receiving from, other
amateur stations as a part of the self-training of the Licensee in communication by
radio telegraphy/telephony

(i) messages in plain language which are remarks about matters of a personal
nature in which the Licensee, or the person with whom he is in
communication, has been directly concerned;

(ii) signals (not being in secret code or cypher) which form part of, or relate to,
the transmission of such messages.

CONDITIONS

1 (a) The Station shall not he established or used on the sea or within any estuary, dock or

harbour, or in any moving vehicle, vessel or aircraft.

(b)The Station shall use only emissions, frequency bands and powers authorized by the
Authority.





(c)The Station shall be operated only (i) by the Licensee personally, (ii) in the
presence of and under the direct supervision of the Licensee, or (iii) by any other
person who holds a licence approved by the Telecommunications Authority to use
another amateur station.

(d)Messages shall not be broadcast to amateur stations in general, but shall be sent
only to amateur stations with which communication is established separately and
singly, or to groups of particular amateur stations with which communication is
established collectively.

2.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

3.(i) A satisfactory method of frequency stabilization shall be employed in the transmitting
apparatus.

(ii) Equipment for frequency measurement shall be provided capable of verifying that the
transmitting apparatus is operating with emissions within the authorized frequency bands.

4.(i) The apparatus comprised in the Station shall be so designed, constructed, maintained and
used that the use of the Station does not cause (a) any avoidable interference with other
amateur stations or (b) interference with any other duly licensed or authorized
radiocommunications.

(ii) When radio-telegraphy (as distinct from radio-telephony) is being used, arrangements
shall be made to ensure that the risk of interference due to keyclicks being caused to another
radio-telegraphy is eliminated. At all times, every precaution shall be taken to avoid over-
modulation, and to keep the radiated energy within the narrowest possible frequency bands
having regard to the class of emission in use. In particular, the radiation of harmonics and
other spurious emissions shall be suppressed to such a level that they cause no interference
with any radiocommunications. Tests shall be carried out from time to time to ensure that
the requirements of this paragraph are met.

(iii) The use of 'spark' transmitting apparatus is specifically forbidden.

5.The Licensee shall not permit or suffer any unauthorized person to operate the Station or to
have access to the apparatus comprised therein. The Licensee shall ensure that persons
operating the Station shall observe the terms, provisions and limitations of this Licence at
all times.

6. (i) A record shall be kept in a book (not loose-leaf) showing the following---

(a) Date.

(b) Time of commencement of calls made from the Station.

(c)Call signs of the Stations from which messages addressed to the Station are received
or to which messages are transmitted, times of establishing and ending
communication with each such Station, and the frequency or frequencies and class
or classes of emission in each case.

(d) Time of closing down the Station.

All times to be stated in G.M.T. No gaps shall be left between entries and all entries shall
be made at the time of transmitting and receiving.

(ii) If the Station is at any time operated by a person other than the Licensee (see clause
1(c)) the log shall be signed by that person with his full name, and the call sign of the Station
which he is licensed to use.

7.The Station shall be equipped for the reception of messages transmitted on the frequency or
frequencies and by means of the class or classes of emission, which are in current use at the
Station for the purpose of transmission.







8.Messages addressed to the Station from any amateur station with which the Licensee is in
communication may be recorded and retransmitted-in accordance with this Licence, provided
that the retransmission is intended for reception by the originating station only, and that the
call sign of that station is not included in the retransmission.





9.(i) The call sign mentioned on the first page of this Licence shall be used when the Station is
operated. No abbreviated form of a call sign may be used.

(ii) The call sign, which may be sent either by mores telegraphy at a speed not greater than
12 words per minute or by telephony if the Station is authorized to use telephony, shall be
sent for identification purposes at the beginning and at the end of each period of
transmission, and whenever the transmitting frequency is changed

(iii) When telephony is used, the letters of the call signs may be confirmed by the
pronouncement of well-known words of which the initial letters are the same as those in the
call signs; but words used in this manner shall not be of a facetious or objectionable
character.

10.The Station, Licence and Log shall be available for inspection at all reasonable times by duly
authorized officers of the Telecommunications Authority.

11.This Licence shall continue in force for one year from the date of issue, and thereafter so
long as the Licensee pays to the Telecommunications Authority in advance in each year on
or before the anniversary date of the issue the renewal fee prescribed by or under the
regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke this Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee. Any notice given under this clause may take effect either
forthwith or on such subsequent date as may he specified in the notice.

12. This Licence is not transferable.

13.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked

14.Any Licence, however described, which has previously been granted to the Licensee in respect
of the Station is hereby revoked.

15. (i) In this Licence-

'messages' and 'signals' do not include visual images transmitted by television,

facsimile transmission, or other means;

'remarks about matters of a personal nature' does not include messages about

business affairs;

'the Telecommunication Convention' means any International Telecommunication

Convention, and the Radio Regulations annexed thereto, which have from time to time or at
any time been acceded to by or applied to Hong Kong. (ii) Nothing in this Licence shall be
deemed to authorize the use of the Station for business, advertisement, or propaganda
purposes or for the transmission of news or messages of or on behalf of, or for the benefit or
information of, any social, political, religious or commercial organization, or anyone other
than the Licensee or the person with whom he is in communication.

16. The Licensee-

(a) shall not without the consent of the Telecommunications Authority change the

address of the station;

(b) shall give notice promptly in writing to the Telecommunications Authority-

(i) of any change of his address for correspondence; or

(ii) of any change in the equipment mentioned in the Schedule; and







(c) shall return this Licence and the Schedule to the Telecommunications Authority-

(i) for amendment when any of the changes mentioned in paragraph (b) have been
effected; or

(ii) when applying, in accordance with the provisions of paragraph (a), for the
consent of the said Authority to change the address of the station.

17.An aerial which crosses above or is liable to fall or to be blown on to any overhead power wire
(including electric lighting and tramway wires) or power apparatus shall be guarded to the
reasonable satisfaction of the owner of the power wire or power apparatus concemed.

18.This Licence does not authorize the Licensee to do any act which is an infringement of any
copyright which may exist in the matter sent or received.





19. (Repealed L.N. 72 of 1972)

20.If power for the working of the Station is taken from a public electricity supply, no direct
connection shall be made between the supply mains and the aerial.

21.Demands for closing down can be expected to be received, inter alia, in connection with
national emergencies or when interference is being caused to a Government Wireless Station
or other important services.

22.If any message, the receipt of which is not authorized by this Licence, is received by means
of the Station, neither the Licensee nor any person using the Station shall make known the
contents of any such message, its origin or destination, its existence or the fact of its receipt
to any person except a duly authorized officer of the Telecommunications Authority or a
competent legal tribunal, and shall not retain any copy or make any use of any such
message, or allow it to be reproduced in writing, copied or made use of.

23.The Telecommunications Authority may publish the Licensee's name and address at his
discretion unless the Licensee specifically asks that this should not be done.


.........................
For and on behalf of the
Telecommunications Authority.

SCHEDULE OF EQUIPMENT, EMISSIONS,
FREQUENCY BANDS AND POWERS

For the purposes of the Schedule.

A.The symbols used to designate the classes of emission have the meanings assigned to them in
the Telecommunication Convention.

B.D.C. input power is the total direct current power input to the anode circuit of the valve(s)
energizing the aerial.

(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

MODEL CONTROL LICENCE

DATE OF ISSUE:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL:

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

(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions herein contained-
to possess, establish and maintain and use a radiocommunication station (hereinafter
called 'the Station') for the purpose only of controlling the movement of a model
vehicle,
vessel or aircraft, by means of the emission of electromagnetic energy from transmitting
apparatus, and the reception of such energy by receiving apparatus in the model (which
transmitting and receiving apparatus are together comprised in the expression 'the
Station').











CONDITIONS

1.The Licence is subject to the following
limitationsEmissions:

Frequencies:
Power:

Hours of use:
Prohibited areas:

The Station shall be operated only (a) by the Licensee personally or (b) in the presence of
and under the direct supervision of the Licensee, by any other person authorized by him.

2.(i) The apparatus comprised in the Station shall be so designed, constructed, maintained and
used that the use of the Station does not cause any interference with any other duly licensed
or authorized telecommunications.

(ii) A satisfactory method of frequency stabilization shall he employed in the transmitting
apparatus.

(iii) The frequency of the transmitting apparatus shall be verified at such times, and by
measuring equipment of such accuracy, as may be necessary to ensure that the emissions are
within the authorized frequency bands.

(iv) The use of spark transmitting apparatus is specifically forbidden.

3.The Station and this Licence shall be available for inspection at all reasonable times by duly
authorized officers of the Telecommunications Authority.

4.This Licence shall continue in force for one year from the date of issue, and thereafter for
successive periods of one year so long as the Licensee pays to the Telecommunications
Authority in advance before the beginning of each successive period the renewal fee by or
under the regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the issue
revoke this Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee.

5. This Licence is not transferable.

6.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

7.Any Licence or Permit however described which the Telecommunications Authority has
previously granted to the Licensee in respect of the Station is hereby revoked.

8.The Licensee shall give notice promptly in writing to the Telecommunications Authority of
any change of his address and when giving such notice shall forward this Licence to that
Authority for amendment.

9.If power for the working of the Station is taken from a public electricity supply, no direct
connection shall be made between the supply mains and the aerial.

10.The Licensee is advised to cheek the frequency of the transmitting apparatus whenever it
has been subjected to rough treatment and if the transmitting apparatus is not crystal
controlled, to check the frequency as shortly before the apparatus is used as is practicable.

11.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

12.In this Licence 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.



..............................
For and on behalf of the
Telecommunications Authority.

(L.N. 43 of 1966; L.N. 4 of 1984)





............................TELECOMMUNICATION ORDINANCE
............................(Chapter 106)
............................INDUSTRIAL, SCIENTIFIC AND MEDICAL
............................ELECTRONIC MACHINE LICENCE
DATE OF ISSUE:
RENEWABLE:
FEE ON ISSUE: ..............PER HIGH FREQUENCY GENERATOR.
FEE ON RENEWAL: ............PER HIGH FREQUENCY GENERATOR.
........................... of
...........................

(hereinafter called 'the Licensee') is hereby licensed, subject to the terms, provisions and
limitations herein contained-

to possess, maintain and use apparatus at..........................
...........................................................................
for the purpose of generating high frequency electro-magnetic energy which shall be
used for industrial, scientific and medical processes only.

CONDITIONS

1 (a) The apparatus shall be used only under suppressed radiation conditions. Radiation

outside the internationally allocated frequencies causing interference to com-
munication services shall be suppressed to the satisfaction of the Telecom-
munications Authority.

(b)The apparatus shall be operated only by persons authorized by the Licensee in that
behalf.

2.The Schedule attached hereto shall show the number of apparatuses covered by this Licence
and their operating frequencies.

3.(1) During the period of validity of this Licence, the Licensee shall not without the consent
in writing of the Telecommunications Authority--

(a)make any alteration or addition to the apparatus (apparatuses) covered by this
Licence; or

(b)change the address of the place where the apparatus (apparatuses) is maintained and
used.

(2) If at any time the Licensee wishes to make

(a) any alteration or addition mentioned in subclause (1)(a); or

(b) a change of address mentioned in subclause (1)(b), he shall make application in writing
to the Telecommunications Authority for consent to such alteration, addition or change not
less than 10 days before the date on which he intends to make such alteration, addition or
change. The Licensee shall, when making such application, return this Licence and the
Schedule to the Telecommunications Authority for amendment in the event of the
application being granted.

4.The Licensee shall give notice promptly in writing to the Telecommunications Authority of
any change of his postal address and, when giving such notice, shall return this Licence to the
said Authority for amendment.

5.The Station, the apparatus (apparatuses) and this Licence shall be available for inspection at
all reasonable times by duly authorized officers of the Telecommunicatons Authority.







6.This Licence shall continue in force for one year from the date of issue, and thereafter for
successive periods of one year so long as the Licensee pays to the Telecommunications
Authority in advance before the beginning of each successive period the renewal fee prescribed
by or under the regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke this Licence or vary the terms, provisions or limitations thereof by a notice
served in





writing on the Licensee or by a notice published in the Gazette addressed to 'All Electronic
Industrial Machine Licensees'. Any notice given under this clause may take effect either
forthwith or on such subsequent date as may be specified in the notice.

7. This Licence is not transferable.

8.This Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.

9.Any previous Licence or Permit however described which the Telecommunications
Authority has previously granted to the Licensee in respect of the apparatus is hereby
revoked.

10.The Licensee, and all persons operating any stations which the Licensee is authorized by
this Licence to establish and use shall observe and comply with the relevant provisions of
the Telecommunication Convention.

11.In this Licence 'Telecommunication Convention' means any International
Telecommumcation Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.


..................
For and on behalf of the
Telecommunications Authority.

SCHEDULE

Apparatus Date Installed Operating Frequency

(L.N. 43 of 1966; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE
(Chapter 106)

RADIO PAGING SYSTEM LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE: FIXED TRANSMITTING
STATIONS ..................Nos. $500 per annum each.
FEE: RECEIVING STATIONS ...Nos. $ 50 per annum each.

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

(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions attached hereto-
to establish, possess and maintain fixed transmitting stations (as detailed in the Schedule)
for the purpose of communicating to receiving stations by means of selective calling tone
only.





CONDITIONS

1.The fixed transmitting stations comprised in the system shall not transmit any message or
signal other than the selected tones required to actuate the receiving stations.

2.The apparatus comprising the system shall at all times comply with any performance
specifications laid down by the Telecommunications Authority, subject to such modification
in favour of the Licensee, as the Telecommunications Authority may from time to time
permit.

3.The apparatus comprising the system shall be so designed, constructed, maintained and used,
that the use of the same shall not cause any interference with any other duly licensed or
authorized telecommunications.

4.The stations shall be operated only by persons authorized by the Licensee in that behalf, and
the Licensee shall ensure that such authorized persons observe the terms, provisions and
limitations of this Licence at all times.

5.The Licensee, or any other person authorized by him, shall not operate, except for testing
purposes, any fixed transmitting station or receiving station unless the fee prescribed by or
under the regulations for the time being in force has been paid to the Telecommunications
Authority in respect of such fixed transmitting station or receiving station. The Licensee
shall number every receiving station and keep a record at all times of the name and address
of every person authorized by the Licensee to operate a receiving station and the number of
the receiving station issued to that person.

6.The apparatus comprising the system and this Licence shall be available for inspection at all
reasonable times by any duly authorized officer of the Telecommunications Authority.

7.This Licence shall continue in force so long as the licensee pays to the Telecommunications
Authority on or before the date of expiry in each year in respect of every fixed transmitting
station and every receiving station specified in this Licence the fee prescribed by or under
the regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue, revoke the Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee. Any notice given under this clause may take effect either
forthwith or on such subsequent date as may be specified in the notice.

8. This Licence shall be displayed in a prominent position at the control station.

9.This Licence is not transferable and shall be returned to the Telecommunications Authority
when it has expired or has been revoked.

10.Any Licence or Permit however described, which the Telecommunications Authority has
previously granted to the Licensee in respect of any or all of the stations comprising the
system is hereby revoked.

11.The Telecommunications Authority shall be notified promptly of any change of address of
the Licensee, or any proposed change in any of the fixed transmitting stations comprised in
the system and whenever any such change occurs this Licence and the Schedule shall be
returned promptly to the Telecommunications Authority for amendment. Prior authority
on the siting of each fixed transmitting station shall be obtained from the
Telecommunications Authority, if any fixed transmitting station is to be resited at a place
other than that specified in this Licence.

12.If the power for the working of a fixed transmitting station is taken from the public
electricity supply, no direct connection shall be made between the supply mains and the
aerial.

13.If a fixed transmitting station aerial crosses above or is liable to be blown on to any overhead
power wire (including electric lighting or tramway wires) or power apparatus, it shall be
guarded to the reasonable satisfaction of the owner of the power wire or power apparatus
concemed.







14.The connection of any of the apparatus comprising the system with the Public Telephone
Network is forbidden.





15.Unless authorized in writing by the Telecommunications Authority, the relaying of messages
received at any station to any other premises or place is not permitted.

16.If any signal or message, the receipt of which is not authorized by this Licence, is received
by means of the receiving stations, neither the Licensee nor any person using such stations
shall make known the contents of any such signal or message, its origin or destination, its
existence or the fact of its receipt to any person except a duly authorized officer of the
Telecommunications Authority or a competent legal tribunal and shall not retain any copy
or make any use of such a signal or message, or allow it to be reproduced in writing, copied or
made use of.

17.The Telecommunications Authority may publish at his discretion the Licensee's name and
address and the frequencies allotted for the service of the Licensee, unless the Licensee
specifically asks that this should not be done.

18.The Licensee, and all persons authorized by the Licensee to operate any station which the
Licensee is authorized by this Licence to establish and use, shall observe and comply with the
provisions of the Telecommunication Convention.

19.In this Licence, 'Telecommunication Convention' means any International
Telecommunication Convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.

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

For and on behalf of the
Telecommunications Authority.

RADIO PAGING SYSTEM

SCHEDULE
Name and address of Licensee:

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

Location of Fixed Transmitting Stations:

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





Frequency Maximum
and Maximum Bandwidth Class of Effective Aerial
Frequency of Emission Emission Radiated Characteristics
Tolerance Power
(Watts)

For the purposes of the Schedule

A.Effective radiated power (ERP) is the mean radio frequency power multiplied by the gain of
the aerial in the horizontal plane. The mean radio frequency power (RFP) will be taken as
that delivered to the aerial and generally for the unmodulated condition; but in case of
systems in which the application of modulation causes an increase in the effective carrier
power, apart from any change in power due to redistribution between the carrier and
sidebands, this will be allowed for.

B.RFP, ERP and the aerial characteristics will be assessed either by measurements or by
calculation from the characteristics of the types of apparatus used, at the discretion of the
Telecommunications Authority.

C.The symbols used to designate the classes of emission have the meanings assigned to them in
the Telecommunication Convention.

D.'Bandwidth' and frequency tolerance' have the meanings assigned to them in the
Telecommunication Convention.

NUMBER OF RECEIVING STATIONS
....................................
(L.N. 37 of 1971; L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE
(Chapter 106)

WIDE BAND LINK AND RELAY STATION LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE ON ISSUE:
FEE ON RENEWAL:





(1) .........................................of
..............................................
.....................................................................
...............................................................
...................
(hereinafter called 'the Licensee'), having paid to the Telecommunications Authority an issue fee

of ..........................................is hereby licensed, subject to the terms, provisions and

limitations herein contained-

(a) to establish a wide-band linklrelay station operating on the assigned frequency/

frequencies of ........................MHz GHz utilizing a bandwidth of
...................................... MHz at the location referred to in the Schedule hereto; and

(b) to use the wide-band link/relay station for the purpose of sending to and receiving
from the station-

(i) Facsimile signals
(ii) Spoken messages
(iii) Signals not having verbal significance but being coded and carrying data.

(2) Limitations: The foregoing licence to use the wide-band link/relay station is subject to the
following limitations

(a)The station shall he used only with emissions at the frequency/frequencies and of the
class and characteristics respectively specified in the Schedule hereto; and with such
power and aerial characteristics as are specified in the Schedule hereto; in relation to
the class and characteristics of the emission in use.

(b)The station shall be operated only on the licensee's behalf by persons authorized by
the licensee so to do.

(e)The station shall be used only for the purpose of conducting the business of the
licensee as
......................................................................................................

(3) Non-Interference: The apparatus comprised in the station shall be so designed, constructed,
maintained and used that the use of the station does not cause any avoidable interference with
any radiocommunication service.

(4) Operators and Access to Apparatus: The licensee shall not permit or suffer any unauthorized
person to operate the station or to have access to the apparatus comprised therein. The licensee
shall ensure that persons operating the station observe the terms, provisions and limitations of
this licence at all times.

(5) Inspection: The station and this licence shall be available for inspection at all reasonable
times by a person acting under the authority of the Telecommunications Authority.

(6) Station to close down: The station shall be closed down at any time on the demand of a
person acting under the authority of the Telecommunications Authority.

(7) Other stations: Other wide-band link/relay stations may have assigned to them the frequency
channels assigned to the station referred to in this licence at the discretion of the
Telecommunications Authority.

(8) Period of Licence, Renewal, Revocation and Variation: This licence shall continue in force
for one year from the date of issue and thereafter so long as the licensee pays to the
Telecommunications Authority in advance in each year on or before the anniversary of the date
of issue a renewal fee of ...................... Provided that
the Telecommunications Authority may at any time after the date of issue revoke this licence or
vary the terms, provisions or limitations thereof by a notice in writing served on the licensee.

(9) This licence is not transferable.

(10) Other links: Usage of the allocated frequency for other links established by the licensee
under the terms of this licence, shall be subject to the approval of the Authority and shall not
incur an additional fee.





(11) Application of licence: This licence shall apply to wide-band link and relay systems utilizing
frequencies allocated by the Authority above 890 MHz.

For and on behalf of the
Telecommunications Authority.

SCHEDULE

Name and address of Licensee:
.....................................................................................

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

Pulse
Frequency characteristics Effective
and (pulse radiated
location Maximum Bandwidth Class of repetition power in Aerial
of Frequency of Emission Emission frequency, the direction Characteristics
Station Tolerance (para. D (Para- c pulse of maximum (paras. A & B
(pars. D applies) applies) duration, radiation apply)
pulse rise (Watts) (paras.
applies) time-para. A & B apply)
2 applies)

For the purposes of the Schedule

A.Effective Radiated Power (ERP) is the power supplied to the antenna multiplied by the
relative gain of the antenna in a given direction.

The (ERP) shall be expressed in terms of the peak envelope power (Pp), the mean power
(Pm), or the carrier power (Po), whichever is appropriate, taking into account the class of
emission used. These powers shall have the meanings assigned to them in the
Telecommunication Convention.

B.ERP and the aerial characteristics will be assessed either by measurements or by calculation
from the characteristics of the types of apparatus used, at the discretion of the
Telecommunications Authority. For this purpose the appropriate recommendation of the
International Radio Consultative Committee (COIN) should be used as a guide.

C.The symbols used to designate the classes of emission have the meanings assigned to them in
the Telecommunication Convention.

D.'Bandwidth' and frequency tolerance' have the meanings assigned to them in the
Telecommunication Convention.

E.Public Repetition Frequency (PRF) is the reciprocal of the minimum interval separating
corresponding points (e.g., 50% of the peak amplitude) of successive pulses.

Pulse duration (length) of any specific pulse is the interval between the first and the last
instance at which the instantaneous amplitude reaches 50% of the peak amplitude.

Pulse rise time is the time taken during any specific pulse for the amplitude to increase from
10% to 90% of the peak amplitude.

(L.N. 159 of 1972; L.N. 204 of 1973)





TELECOMMUNICATION ORDINANCE
(Chapter 106)

BROADCAST RELAY STATION LICENCE

DATE OF ISSUE:
...................................................................................................................
...............of..................................................................................................

(hereinafter called 'the licensee') is hereby licensed, subject to the conditions herein contained-

(a)to establish and maintain a radio communication receiving station or stations
(hereinafter referred to as 'the stations') at the place or places specified in the
Schedule;

(b) to receive at any of the stations-

(i) sound programmes and broadcast messages (except messages in facsimile)
broadcast by the authorized broadcasting stations specified in the Schedule;
and

(ii) all television programmes broadcast by the Hong Kong television broadcasting
stations specified in the Schedule; and

(c)to connect by wires any of the stations with the premises of a subscriber in the area
or areas specified in the Schedule and to distribute thereby to those premises the
programmes and messages received in accordance with paragraph (b).

CONDITIONS

1The stations shall be so maintained and operated that they do not cause undue interference
with any other radiocommunication station.

2.(1) If any message which the licensee is not authorized to receive is unintentionally received
by means of any of the stations, neither the licensee nor any person operating the station
shall disclose the contents of any such message its origin or destination, its existence or the
fact of its receipt to any person except a public officer authorized by the Authority or a
competent court or tribunal, and shall not retain any copy, or make any use, of any such
message, or allow it to be reproduced, copied or made use of.

(2) The licensee shall take all practicable steps to prevent such a message from being
received by any subscriber.

3.The licensee shall not originate any material or message which is distributed to subscribers to
the system.

4.The licensee shall furnish to the Authority such information in relation to the operation of
the stations as the Authority may require.

5.The licensee shall, if required by the Authority in writing so to do, keep a record of the
programmes and messages received at the stations and distributed to subscribers, showing the
names of the broadcasting stations from which they were received and the approximate times
of reception.

6.Nothing herein contained authorizes the licensee to do any act which is an infringement of
any copyright which may exist in any programme or other matter received by the stations.

7.The licesee shall provide to every subscriber a full and contemporaneous relay of all the sound
and television programmes broadcast by the broadcasting stations specified in the Schedule.

8.All apparatus used by the licensee shall comply with such requirements as may be specified by
the Authority and shall be so designed, constructed, maintained and operated that the same
does not cause any interference with any other means of telecommunication or interference
between subscribers.

9. The system shall be operated only by persons authorized by the licensee in that
behalf.





10.The licensee shall permit any public office authorized in writing by the Authority to inspect
at all reasonable times the apparatus used by the licensee and this licence.

11.Nothing in this licence confers any right to a renewal thereof on its expiry or to the grant of
a new licence.

12.The licensee shall notify the Authority of any extension or modification of the system
before the same is carried out.

13.This licence is not transferable and shall be returned to the Authority if it is revoked or when
it has expired.

14. The licensee shall notify the Authority forthwith of any change of address of the
licensee.

15.The licensee shall ensure that any apparatus which is operated from the public mains supply
of electricity is so designed that the said means supply cannot be applied to the aerial or the
cable distribution system.

16.The aerial shall be suitably earthed to guard against lightning strikes and shall be securely
mounted.

17.The Authority may publish the name and address of the licensee and technical details of the
system unless the licensee objects thereto on reasonable grounds.

18.(1) No wire forming part of the system shall cross any street or unleased Crown land without
the written consent of the Authority.

(2) The licensee shall comply with any conditions imposed, or directions given, by the
Authority on the giving of his consent for the purposes of paragraph (1).

19.(1) If in the opinion of the Governor an emergency has arisen, the Authority may from time
to time

(a)issue directions to the licensee concerning the programmes and messages to be
distributed to subscribers from any of the stations;

(b)require the licensee to receive by means of any of the stations messages from any
specified broadcasting station and distribute those messages to subscribers; and

(c)require the licensee to distribute to subscribers from any of the stations messages of
any kind or description.
(2) The licensee shall comply with any direction given under paragraph (1).

(3) The licensee shall not be entitled to any payment or compensation in respect of the
exercise by the Authority of any of the powers conferred on him by this clause,

20.The licensee shall notify the Authority of the charge made by him from time to time to
subscribers.

SCHEDULE

Name and address of the Licensee

Location of Relay Stations

Broadcasts to be received and distributed

Station Frequency or Channel Point of Reception

Area of distribution

(L.N. 215 of 1973)





TELECOMMUNICATION ORDINANCE
(Chapter 106)

CLOSED CIRCUIT TELEVISION LICENCE
VALID FOR ONE YEAR FROM (date of issue) ........................................................................

FEE:
...................................................................................
of ...............................................................................
(hereinafter called 'the licensee') is hereby licensed, subject to the conditions herein contained, to
establish and maintain a closed circuit television system consisting of a television transmitter
unit, with or without an associated audio system, connected by wire to reception units, which system
(hereinafter referred to as 'the system') is more particularly described in the First Schedule
hereto.

GENERAL CONDITIONS

1. The system shall be operated only by the licensee and persons authorized by him in that
behalf.

2. The licensee shall

(a)furnish to the Telecommunications Authority (hereinafter called 'the Authority')
his address for correspondence;

(b)forthwith give notice in writing to the Authority of any change of such address; and

(c)when giving the notice referred to in paragraph (b), return this licence to the
Authority for amendment.

3. The licensee shall

(a)operate the system in such a manner as not to cause interference with any other
means of telecommunication; and

(b)comply with any direction given by the Authority for the purpose of avoiding any
such interference.

4.The licensee shall permit any public officer authorized in writing by the Authority to inspect
the system and this licence at all reasonable times, and shall forthwith furnish to the
Authority any information required by the Authority in connection with the operation of the
system.

5.(1) The licensee shall not use any instrument, apparatus or material on, or connect or apply
any electrical currents to, any part of the system if the same interferes, or is likely to
interfere, with the working of any other means of telecommunication.

(2) The licensee shall, on receipt of a notice in writing from the Authority, disconnect or
remove any part of the system which, in the opinion of the Authority, is interfering, or is
likely to interfere, with the working of any other means of telecommunication.

6.The licensee shall not operate the system except for the purpose of providing the
information or security communication system or other system specified in the Second
Schedule hereto.

7. The licensee shall not transmit by means of the system-

(a) any advertising material other than such material as-

(i) advertises only the goods or services sold or provided by the licensee;
or (ii) is transmitted free of charge by the licensee;

(b)any sound programmes, broadcast messages or television programmes broadcast by
any authorized sound broadcasting or television broadcasting stations.

8.(1) No wire forming part of the system shall cross any street or unleased Crown land without
the written consent of the Authority.

(2) The licensee shall comply with any conditions imposed or directions given by the
Authority on the giving of his consent for the purposes of paragraph (1).

9. This licence is not transferable.

10. This licence shall be returned to the Authority when it has expired or been revoked.

11.Nothing herein contained authorizes the licensee to do any act which is an infringement of
any copyright.

12.The licensee shall ensure that any equipment which is operated from the mains supply of
electricity is so designed that the mains supply cannot be applied to the wires of the system.





SPECIAL CONDITIONS

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

For an on behalf of the
Telecommunications Authority.

FIRST SCHEDULE

DESCRIPTION OF SYSTEM

Location of transmitter unit
.................................................

Number and location of reception units
............................................................................................

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

Other specifications
...................................................................................................................
........

SECOND SCHEDULE

PURPOSE OF SYSTEM

(L.N. 215 of 1973)

TELECOMMUNICATION ORDINANCE
(Chapter 106)

BROADCAST RADIO RELAY STATION LICENCE

DATE OF ISSUE:
RENEWABLE: FEE ON
ISSUE: FEE ON
RENEWAL:

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

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

(hereinafter called called 'the licensee') is hereby licensed, subject to the conditions herein contained-

(a)to establish and maintain a broadcast relay station at the place specified in the Schedule;

(b)to receive *sound/television programmes broadcast by each of the authorized broadcasting stations
specified in the Schedule; and

(c)to transmit by radiowave within the area of coverage specified in the Schedule the
programmes received in accordance with paragraph (b).
*Delete where inapplicable.

CONDITIONS

1.The station shall be operated only by the licensee and persons authorized by him in that behalf.

2. This licence shall continue in force for one year from the date of issue.





3.Nothing in this licence confers any right to a renewal thereof on its expiry or to the grant of
a new licence.

4.The licence is not transferable and shall be returned to the Authority if it is revoked or when
it has expired.

5. The licensee shall notify the Authority forthwith of any change of address of the
licensee.

6.The licensee shall furnish to the Authority such information in relation to the operation of
the station as the Authority may require.

7.The licensee shall permit any public officer authorized in writing by the Authority to inspect
at all reasonable times the apparatus used by the licensee under this licence.

8.The licensee shall notify the Authority of any proposed extension or modification of the
system before the same is carried out.

9.Nothing herein contained authorizes the licensee to do any act which is an infringement of
any copyright which may exist in any programme or other matter received by the
stations.

10.The licensee shall provide a full and contemporaneous relay of all *sound/television
programmes broadcast by each of the broadcasting stations specified in the Schedule.

11.All apparatus used by the licensee shall comply with those technical requirements specified in
the Schedule and shall be so designed, constructed, maintained and operated that the same
does not cause undue interference with any other means of telecommunication.

12.(1) If any message which the licensee is not authorized to receive is unintentionally received
by means of arty of the stations, neither the licensee nor any person operating the station
shall disclose the contents of any such message, its origin or destination, its existence or the
fact of its receipt to any person except a public officer authorized by the Authority or a
competent court or tribunal, and shall not retain any copy, or make any use, of any such
message, or allow it to be reproduced, copied or made use of.

(2) The licensee shall take all practicable steps to prevent such a message from being
received and re-broadcast.

13.The licensee shall not interject any message, programme, advertising material or
announcement into the relay service except, in the case of an emergency, essential
announcements concerning the safety of the public within the area of coverage specified in
the Schedule.

14.The licensee shall maintain a record and enter therein the date and time and contents of
every announcement interjected into the relay service.

15.Any aerial shall be suitably earthed to guard against lightning strikes and shall be securely
mounted.

16.(1) No wire forming part of the system shall cross any public street or unleased Crown land
without the written consent of the Authority.

(2) The licensee shall comply with any conditions imposed, or directions given, by the
Authority on the giving of his consent for the purpose of subparagraph (1).

17.(1) If in the opinion of the Governor an emergency has arisen, the Authority may from
time to time

(a)issue directions to the licensee concerning the programmes and messages to be
broadcast from the station;

(b)require the licensee to receive by means of any of the station messages from any
specified broadcasting station and broadcast those messages.

(2) The licensee shall comply with any direction given under subparagraph (1).

(3) The licensee shall not be entitled to any payment or compensation in respect of the
exercise by the Authority of any of the powers conferred on him by this clause.


.........................
For and on behalf of the
Telecommunications Authority.

*Delete where inapplicable.





SCHEDULE

1. Location of Broadcast Relay Station
2. Authorized Broadcasting Transmitting Maximum effective
Stations frequencies radiated power
(Watts)
3. Area of coverage
4. Technical Requirements
(L.N. 259 of 1982; L.N. 365 of 1987)

TELECOMMUNICATION ORDINANCE
(Chapter 106)
PUBLIC NON-EXCLUSIVE TELECOMMUNICATIONS

SERVICE LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE ON ISSUE:
FEE ON RENEWAL: (or such other fee

as may be prescribed)

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

(hereinafter called 'the licensee') is hereby licensed, subject to the conditions hereinafter
contained

(a)to provide a public service (hereinafter called 'the service') more particularly
described in the First Schedule hereto; and

(b)to possess, establish, use and maintain such radiocommunication apparatus as
described in the Second Schedule hereto as may be necessary to provide for service;
and

(c)to deal in and demonstrate with a view to sale in the course of trade or business, such
apparatus or material for radiocommunication as may be necessary to supply
customers of the service.

2.This licence shall not be construed as granting any exclusive rights to the licensee in the
operation of the service.

3.This licence replaces any licence, however described, which the Telecommunications
Authority may have granted to the licensee in respect of the service.

NOTES

1 It is an offence for the licensee or his customers to operate licensed apparatus in such a
manner as to cause direct or indirect interference with any other telecommunication service
lawfully carried on, or other apparatus for telecommunication lawfully operated in or outside
Hong Kong.

2.Under section 34(2) of the Telecommunication Ordinance (Chapter 106) any licence may at
any time be cancelled or withdrawn by the Telecommunications Authority or suspended for
such period, not exceeding 12 months as the Authority specifies in the event of any
contravention by the licensee of the Ordinance (which includes the regulations thereunder) or
of any condition to which the licence is subject.

3.It is an offence upon the expiry or cancellation of this licence not to surrender it to the
Telecommunications Authority within 4 weeks of such expiry or cancellation.

4. This licence may not be renewed so as to have effect after 30 June 1995.

Insert here a description of the service.





GENERAL CONDITIONS

This licence is issued subject to the following conditions---

1 The licensee shall at all times and from time to time during the continuation of this licence
operate, maintain and provide the service in a manner satisfactory to the
Telecommunications Authority.

2.The licensee shall at all times perform and observe the requirements and except insofar as the
Telecommunications Authority may in writing expressly absolve the licensee from such
compliance all provisions of the International Telecommunications Convention and all
regulations and recommendations annexed thereto or made thereunder as are applicable in
Hong Kong.

3.(1) Notwithstanding regulation 8(1) of the Telecommunication Regulations (Cap. 106 sub.
leg.) the licensee may with the prior consent in writing of the Telecommunications Authority
transfer this licence and any permission or any right or benefit arising therefrom.

(2) Any such consent shall be subject to such conditions as the Telecommunications
Authority may impose.

(3) Should any such transfer be made with such consent as aforesaid the licensee shall cause a
true copy of the instrument effecting the same to be transmitted to the Telecommuication
Authority within 2 months of the date thereof.

4.If the licensee possesses, uses, establishes or maintains apparatus for radiocommunications the
following additional conditions shall apply

(a)each fixed or base station shall be used only at the address and with emissions at the
frequencies and of the classes and characteristics specified in the Second Schedule
hereto, and with such power and aerial characteristics as are specified in the Second
Schedule in relation to the class and characteristics of the emission in use;

(b)the apparatus comprised in each fixed or base station shall at all times comply with
the technical and performance standards as may be prescribed by the
Telecommunications Authority and specified in the Second Schedule;

(C)the apparatus comprised in each fixed, base or mobile station (being a mobile station
used by the customer of the licensee) shall be of a type approved by the
Telecommunications Authority and shall be so designed, constructed, maintained and
operated that its use does not cause any avoidable interference with any
radiocommunications;

(d)each fixed or base station shall be operated only by the licensee or a person
authorized by the licensee in that behalf. The licensee shall not permit or suffer any
person not so authorized to have access to the apparatus comprised in each fixed or
base station. The licensee shall ensure that persons operating each fixed or base
station observe the conditions of the licence at all times;

(e) the licensee-

(i) shall not make any change-
(A) in any fixed or base station; or

(B)in the address at which each fixed or base station is installed, without the
prior approval in writing of the Telecommunications Authority;

(ii) shall return this licence to the Telecommunications Authority for amendment

when a change referred to in sub-subparagraph (i) has been effected; if power
for the working of any fixed or base station is taken from a public electricity
supply, no direct connection shall be made between the supply mains and the
aerial;

(g)if any fixed or base station aerial crosses above or may fall or be blown onto any
overhead power wire (including electric lighting and tramway wires) or power
apparatus it shall be guarded to the reasonable satisfaction of the owner of the power
wire or power apparatus concerned;

(h)the licensee shall take all reasonable measures to ensures that customers of the
service do not cause interference to other users of radiocommunications and shall
take all the necessary measures to stop such interference as may occur;

(i)the licensee shall cease to offer service to a customer thereof if instructed to do so
by the Telecommunications Authority;





(j)the licensee shall, if so required, provide the Telecommunications Authority with a
list of the names, addresses and other details requested by the Telecommunications
Authority of the customers of the service annually on a date specified by the
Telecommunications Authority by notice to the licensee;

(k)when any person ceases to be a customer of the licensee the licensee shall notify
him, in such manner as the Telecommunications Authority may require, that he is
no longer exempt from the licensing requirements of the Ordinance in relation to
the apparatus used by him as a customer.

5.The apparatus operated by the licensee shall be operated only on such radio frequencies as
the Telecommunications Authority may assign to the licensee and the Telecommunications
Authority may refuse to assign further frequencies or require the licensee, by notice to him,
to cease to operate the apparatus on any frequency previously assigned to lrm if in the
opinion of the Telecommunications Authority the licensee is not making efficient use of
that frequency.

6.The Telecommunications Authority may, by giving not less than 12 months' notice in
writing to the licensee, require him upon such date as may be specified in the notice to cease
using any frequency previously assigned to him by the Telecommunications Authority and to
use such new frequency as the Telecommunications Authority may designate.

7.The licensee shall not enter into any agreement or arrangement whether legally enforceable
or not which shall in any way prevent or restrict competition in relation to the operation of
the service or any other telecommunication service licensed by the Telecommunications
Authority.

SPECIAL CONDITIONS

FIRST SCHEDULE

DESCRIPTION OF THE PUBLIC TELECOMMUNICATIONS SERVICE

SECOND SCHEDULE

Address
Transmitting Frequency
Maximum Frequency Tolerance
Class of Emission
Maximum Effective Radiated Power (Watts)
Aerial Characteristics
Performance and Technical Standards


................................
For an on behalf of the
Telecommunications Authority.

(L.N. 4 of 1984)

TELECOMMUNICATION ORDINANCE

(Chapter 106)

PLEASURE VESSEL RADIO NETWORK STATION LICENCE

DATE OF ISSUE: NAME OF PLEASURE VESSEL OR LOCATION:

RENEWABLE: MARINE DEPARTMENT'S LICENCE NO.:

FEE ON ISSUE: (WHEN ALLOCATED)

FEE ON RENEWAL: CALL SIGN OR IDENTIFICATION:











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

(hereinafter called the 'Licensee') is hereby licensed, subject to the conditions hereinafter
contained, to possess such apparatus as is specified in the Schedule hereto and to establish and
maintain-

(a)a transmitting and receiving station for radiocommunication in the pleasure vessel
or location named above (hereinafter called 'the Pleasure Vessel Radio Network
Station');

(b)transmitting and receiving stations for radiocommunication in the life boats or
other survival-crafts associated with and normally carried by the pleasure vessel
(hereinafter called 'the Survival Craft Stations');

(c)a radar station for the purpose of radio-determination (hereinafter called 'the Radar
Station') in the pleasure vessel or in any of the life boats or other survival-crafts
associated with, and normally carried by, the pleasure vessel.

CONDITIONS

This licence is issued subject to the following conditions-

1.The apparatus comprised in the Pleasure Vessel Radio Network Station, Survival Craft
Stations and Radar Station (hereinafter called 'the Stations')

(a)shall be so designed, constructed, maintained and used that the use of the Stations
does not cause any avoidable interference with any radiocommunication; and

(b)shall be maintained in good working conditions and no modification or alteration
shall be made without the consent in writing of the Telecommunications Authority
(hereinafter called 'the Authority').

2.The Stations shall be used only with emissions which are of the classes specified in the
Schedule hereto, on the frequencies specified in the Schedule hereto in relation to those
respective classes of emission, and with a power not exceeding that specified in the Schedule
hereto in relation to the class of emission and frequency in use at the time.

3.The Stations shall be operated only by persons possessing a certificate granted by the
Authority under regulation 4 of the Telecommunication Regulations (Cap. 106 sub. leg.), but
this requirement

(a)shall not apply to stations which operate solely on frequencies above 30 MHz other
than frequencies assigned for international use; and

(b)shall not prevent the use or operation of the Stations in time of distress by any
person for the purpose of attracting attention, making known their position and
obtaining help.

4.The call sign of the Pleasure Vessel Radio Network Station referred to in the Schedule shall be
used whenever it is necessary to identify the Pleasure Vessel Radio Network Station. Such call
sign followed by two digits (other than 0 or 1) shall be used to identify any of the Survival
Craft Stations. A different combination of digits shall be used in respect of each Survival Craft
Station.

5.The Licensee shall permit any person, acting in the course of his duty on behalf of the
Authority or the Director of Marine, to have access to the Stations at all reasonable times for
the purpose of inspecting and testing the apparatus comprised therein.

6. The Licensee-

(a)shall not make any change in the Stations without the prior approval of the
Authority; and

(b)shall give notice in writing, and return this licence for amendment, to the Authority
within 4 weeks of any change of any of the particulars set out in the licence and the
Schedule.

7. This licence is not transferable.

8.The Licensee shall at all times perform and observe the requirements and, except insofar as
the Authority may in writing expressly absolve the Licensee from such compliance, all
provisions





of the International Telecommunication Convention and all regulations and
recommendations annexed thereto or made thereunder as are applicable in Hong Kong.

9. This licence shall continue in force for one year from the date of
issue.

10.The Licensee shall render to the Authority such accounts as the Authority may direct in
respect of all charges due or payable under the International Telecommunication
Convention in respect of messages exchanged between the Stations and other stations, and
shall pay to the Authority at such times and in such manner as the Authority may direct all
sums due from the Licensee for such messages.

11.Every message sent from the Pleasure Vessel Radio Network Station shall start with an
announcement of the call sign of the called and calling stations. The call sign of the calling
station shall be repeated at the end of every period of transmission but no call sign need be
announced more than once in any period not exceeding one minute. The Pleasure Vessel
Radio Network Station shall be called and identified only by its authorized call sign.

12.If a message not intended for the Licensee or the general use of the public is received by the
Stations, the Licensee or any person using the Stations shall not record, disclose or
communicate the message unless

(a) he has had the consent of the originator;

(b)the message indicates that the originator may be involved in any criminal
activities; or

(C)the communication or disclosure is to an authorized officer of the Authority or a
competent legal tribunal.

13.No message which is grossly offensive or of an indecent or obscene character shall be sent
from the Stations.

14.The connection of any of the Stations with the public switched telephone system other than
through the Hong Kong Coast Station is not permitted.

........................
For and on behalf of the
Telecommunications Authority.

SCHEDULE

1. Name of the Pleasure Vessel or location:

2. Apparatus:

Equipment Type Call Power Class Frequency Equipment
sign of emission Serial No.

(A)Pleasure Vessel
Radio Network
Transmitter/ Receiver

(B)Survival Craft
Transmitter/
Receiver

(C) Radar

(D) Other Equipment


(L.N. 269 of 1985)





TELECOMMUNICATION ORDINANCE
(Chapter 106)

RADIODETERMINATION AND CONVEYANCE OF COMMANDS,
STATUS AND DATA LICENCE

DATE OF ISSUE:
RENEWABLE: FEE
ON ISSUE: FEE ON
RENEWAL:

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

(hereinafter called 'the Licensee') is hereby licensed, subject to the conditions herein contained-

(a)to possess, establish and maintain a radio apparatus for the determination of
position, velocity and/or other characteristics of an object, or the obtaining of
information relating to these parameters, by means of the propagation properties of
radio waves; and

(b) to use the apparatus for the purpose of-

(i) transmitting information of any nature provided otherwise than by means of
voice;

(ii) receiving from any duly authorized radio station information of any nature
provided otherwise than by means of voice.

CONDITIONS

1. The System shall comprise only of the Stations at the locations specified in the Schedule.

2.All characteristics of the Stations shall conform to the parameters and standards specified in
the Schedule.

3.The apparatus comprised in the Stations shall be so designed, constructed, maintained and used
that the use of the Stations does not cause any avoidable interference with any
radiocommunications.

4.The Licensee shall permit any person, acting in the course of his duty on behalf of the
Authority, to have access to the Stations at all reasonable time for the purpose of inspecting
and testing the apparatus comprised therein.

5. The Licensee-

(a)shall not make any change in the Stations without the prior approval of the
Authority;

(b)shall give notice in writing to the Authority within 4 weeks of any change of the
particulars set out in the licence and the Schedules.

6.This Licence shall continue in force so long as the Licensee pays to the Telecommunications
Authority in advance on or before the date of expiry in each year the renewal fee prescribed
by or under the regulations for the time being in force:

Provided that the Telecommunications Authority may at any time after the date of
issue revoke the Licence or vary the terms, provisions or limitations thereof by a notice in
writing served on the Licensee. Any notice given under this clause may take effect forthwith
or on such subsequent date as may be specified in the notice.

7. The Licence is not transferable.

8.The Licence shall be returned to the Telecommunications Authority when it has expired or
been revoked.


9.If any message, the receipt of which is not authorized by the Licence, is received by means of
the Station, neither the Licensee nor any person using the Stations shall make known the
contents of any such message, its origin or destination, its existence or the fact of its receipt
to any person except a duly authorized officer of the Telecommunications Authority or a
competent legal tribunal, and shall not retain any copy or make any use of any such message,
or allow it to be reproduced in writing, copied or made use of.





10.The Licensee, and all persons operating any stations which the Licensee is authorized by this
Licence to establish and use shall observe and comply with the relevant provisions of the
Telecommunication Convention.

11.In this Licence 'Telecommunication Convention' means any International
Telecommunication convention and the Radio Regulations annexed thereto, which have
from time to time or at any time been acceded to by or applied to Hong Kong.

................
For and on behalf of the
Telecommunications Authority.

SCHEDULE

Location
Transmitting Frequency
Maximum Frequency Tolerance
Class of Emission
Maximum Effective Radiated Power
Aerial Characteristics
Field Strength at Specified Distance
Other Performance and Technical Standards

(L.N. 193 of 1989)

TELECOMMUNICATION ORDINANCE
(Chapter 106)

HOTEL TELEVISION SERVICES LICENCE

VALID FOR ONE YEAR FROM (date of issue) ........................................................................
FEE:

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

.....................................
(hereinafter called 'the licensee' 'the licensee') is hereby licensed, subject to the conditions herein contained,
to establish and maintain a closed circuit television system for hotel television services consisting of a television
transmitter unit or units and/or a radio receiver or receivers, with or without an associated audio
system, connected by wire andlor* radio and/or* any other electromagnetic means to reception
units, which system (hereinafter referred to as 'the system') is more particularly described in the
First Schedule hereto.

*Delete where appropriate.

GENERAL CONDITIONS

1. The system shall be operated only by the licensee and persons authorized by him in that behalf

2. The licensee shall

(a)furnish to the Telecommunications Authority (hereinafter called 'the Authority')
his address for correspondence;

(b) forthwith give notice in writing to the Authority of any change of such address; and

(c)when giving the notice referred to in paragraph (b), return this licence to the
Authority for amendment.





3. (1) The licensee shall

(a)operate the system in such a manner as not to cause interference with any other
means of telecommunication;

(b)comply with any direction given by the Authority for the purpose of avoiding any
such interference; and

(C)on receipt of a notice in writing from the Authority, disconnect or remove any
part of the system which, in the opinion of the Authority, is interfering, or is
likely to interfere, with the working of any other means of telecommunication.

(2) The licensee shall not use any instrument, apparatus or material on, or connect or apply
any electrical currents to, any part of the system if the same interferes, or is likely to
interfere, with the working of any other means of telecommunication.

4.The licensee shall permit any public officer authorized in writing by the Authority to inspect
the system, relevant records and this licence at all reasonable times, and shall forthwith
furnish to the Authority any information required by the Authority in connection with the
operation of the system.

5.The licensee shall not operate the system except for the purpose of providing the system
specified in the Second Schedule hereto.

6.The licensee shall ensure that all advertising material transmitted by the system complies
with the standards laid down in the Code of Practice relating to Advertising Standards issued
under the Television Ordinance (Cap. 52).

7. Advertising material may not be transmitted during the showing of a feature film.

8. There shall be no limit on the amount of advertising transmitted.

9.Where the contents of the Code of Practice for Advertising Standards and these General
Conditions are in conflict, the General Conditions shall prevail.

10.The licensee shall submit detailed information on its programmes and any advertising
material intended for transmission by the system to the Commissioner for Television and
Entertainment Licensing (CTEL') containing such particulars and at such time as may be
required by the same.

11.The licensee shall make available to CTEL on demand a video-tape of any programme or
advertising material intended for transmission by the system. An exception should be made
for news, current affairs and sports programmes transmitted to the licensee by microwave or
other radio waves.

12.The licensee shall retain video-tape recordings of all material transmitted by the system for
30 days and shall submit them on demand to CTEL for examination.

13.The licensee shall ensure that any programme which may contain material unsuitable for
children is preceded by a notice in the following form-
'WARNING: THIS PROGRAMME CONTAINS MATERIAL WHICH MAY BE UNSUITABLE FOR CHILDREN'

14. No wire forming part of the system shall cross any street or unleased Crown land.

15. This licence is not transferable.

16. This licence shall be returned to the Authority when it has expired or been revoked.

17.Nothing herein contained authorizes the licensee to do any act which is an infringement of
any copyright.

18.The licensee shall ensure that any equipment which is operated from the mains supply of
electricity is so designed that the mains supply cannot be applied to the wires of the system.

19.The licensee may not continue to receive signals on any microwave frequency more than 3
months after the Authority directs the licensee to terminate the reception on that
microwave





frequency on the ground that the permises containing the system have been passed by a cable of any cable
television network licensed by the Government.

SPECIAL CONDITIONS

........................
For and on behalf of the

Telecommunications Authority.

FIRST SCHEDULE

DESCRIPTION OF SYSTEM

Location of transmitter unit or units
.................................................................................................

Location of reception units
.................................
..................................

Other specifications
..................................................................................................................
.........

SECOND SCHEDULE
PURPOSE OF SYSTEM

(L.N. 301 of 1989)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2461

Edition

1964

Volume

v8

Subsequent Cap No.

106

Number of Pages

71
]]>
Tue, 23 Aug 2011 18:07:23 +0800
<![CDATA[TELECOMMUNICATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2460

Title

TELECOMMUNICATION ORDINANCE

Description






LAWS OF HONG KONG

TELECOMMUNICATION ORDINANCE

CHAPTER 106





CHAPTER 106

TELECOMMUNICATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ..........................4
2. Interpretation .......................4
3. Application to Crown .................5
4. Saving of Crown rights ...............5

PART II

APPOINTMENT OF TELECOMMUNICATIONS AUTHORITY

5. Appointment of Telecommunications Authority 5
6. Delegation of powers .................5

PART 111

CONTROL OF TELECOMMUNICATIONS

7. Power of Governor in Council to grant licences 6

8. Prohibition of establishment and maintenance of means of telecom-

munication, etc., except under licence 6

9. Control of import and export of radiocommunication transmitting apparatus 7

10. Control of use of radiocommunication apparatus on vessel in Hong Kong

waters ................................8
11........................................Control of use of radiocommunication apparatus on aircraft in Hong Kong 9

12. No interference to telecommunication when apparatus on board vessel or

aircraft is used ...................10

13. Possession of telecommunication stations taken by Government in

emergencies ........................10

PART IIIA

SOUND BROADCASTING LICENCES

13A. Interpretation .....................11
13B. Application for licence ............12
13C. Grant of licence ...................12
13D. Period of validity of licence ......13





Section.................................... Page
13E...............................Renewal of licence 13
13F............................Competence of licensees 14

13G.....................Disqualified persons
................................................... 14

13H.................Increase of control by disqualified persons 14

131.....................Unqualified persons ............ 14

13J.............................Temporary restriction on disposal or acquisition .................... 15

13K.....................Directions by Broadcasting Authority 16
13L.............................Recovery of royalty 17
13M.................Governor in Council may prohibit programmes 17
13N.................................Regulations 17
130.........Regulations relating to standards and technical requirements 18
PART IV
USE OF LAND FOR TELECOMMUNICATION LINES, ETC.
14.......Power to place and maintain telecommunication lines, etc., on land 19
15..........................Disputes as to compensation 20
16....Removal, etc., of line or post where necessary by reason of use of land 20
17......................Trees interrupting telecommunication 20
18.....................Work affecting telecommunication line 21
19....Power to enter on land to inspect, repair, etc., telecommunication lines 21

PART V

OFFENCES AND PENALTIES

20.....................Contravention of section 8 an offence 21
21.....................Contravention of section 9 an offence 22
22...........Penalty in event of contravention of section 10, 11 or 12 22

23. Transmitting or receiving messages, etc., by unlicensed means of tele-

communication .........................22
23A..Penalty for selling message received on sound broadcast receiving apparatus
or a television receiver ..............22
24..................Offences by telecommunication officer, etc . 23
25..Secretion, etc., of messages by persons other than telecommunication officers 23
26.......Transmission by telecommunication officer of message not paid for 23
27..............Damaging telecommunication installation with intent 24
28.........................Transmission of false messages 24
29....................Entry on certain land without permission 24
30..............Penalty for contravention of order under section 33 24
31........................Obstruction of Authority, etc . 24
32......Liability of directors, etc., where offence committed by corporation 24





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

PART VI

SUPPLEMENTARY AND MISCELLANEOUS

31 Power of Governor to prohibit transmission of messages, etc . 25
34.....................General provisions as to licences, etc . 25

35.....................Power of Authority ........................ .......
.......................26

36...........Forfeiture
............................................................................................ 27

37,..............Regulations ......................... .......
............................................ 27

38. (Repealed ..........................28

39..................Exemption .........................
............................................... 28

40................Transitional provisions . ....... .................. 29
41................Validation...........................................
.................................................... 29





CHAPTER 106

TELECOMMUNICATION

To make better provision for the licensing and control of telecommunications,
telecommunication services and telecommunication apparatus and equipment.

[1 January 1963]

Originally 46 of 1962 26 of 1966, 2 of 1968, 92 of 1970, 17 of 1972, 48 of 1972, 57 of 1973, 62 of 1973, L.N. 76 of
1982, 57 of 1982, 69 of 1983, R. Ed. 1983, L.N. 94 of 1986, 51 of 1989

PART 1

PRELIMINARY

1. short title

This Ordinance may be cited as the Telecommunication Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'Authority' means the Telecommunications Authority appointed under section 5;

'licensee' means the holder of a licence for the time being in force under this
Ordinance;

'message' means any communication sent or received or made by
telecommunication or given to a telecommunications officer to be sent by
telecommunication or to be delivered;

'radiocommunication' means communication by radio waves;

,,sound broadcast receiving apparatus' means an apparatus which is capable of
receiving sound only, transmitted by means of radiocommunication or by wire
for reception by the general public; (Added 2 of 1968s.2)

'telecommunication' means any transmission, emission or reception of signs,
signals, writing, images, sounds or intelligence of any nature by visual means
or by wire or radio waves or any other electromagnetic system;

'telecommunication installation' means any apparatus or equipment maintained for
or in connection with a telecommunication service;

'telecommunication office?' means any person employed in connection with a
telecommunication service;





'telecommunication service' means the provision of facilities for use by members of
the public or by any person for the transmission or reception of messages or
the provision on loan, lease or hire to members of the public or to any person of
apparatus for telecommunication either within Hong Kong or with any place
outside Hong Kong;

,'vessel' has the same meaning as in the Shipping and Port Control Ordinance (Cap.
313). (Added 69 of 1983 s. 2)

3. Application to Crown

Save as otherwise expressly provided, this Ordinance does not bind the Crown
or apply to any means of telecommunication established or maintained by the Crown
or to any apparatus for telecommunication possessed or used by the Crown for the
purpose of or in connection with any such means of telecommunication.

4. Saving of Crown rights

Nothing in this Ordinance shall prevent the Crown from establishing and
maintaining any means of telecommunication to the exclusion of all other persons.

PART 11

APPOINTMENT OF TELECOMMUNICATIONS
AUTHORITY

5. Appointment of Telecommunications Authority

The Governor may appoint such public officer as he thinks fit to be the
Telecommunications Authority for the purposes of this Ordinance.

6. Delegation of powers

The Authority may, in writing, delegate to any public officer, either generally or
for any particular occasion and either by name or by reference to a public office,
such of his powers and functions under this Ordinance as he considers necessary:

Provided that-

(a)no delegation made under this section shall preclude the Authority
from exercising or performing at any time any of the powers or
functions so delegated; and





(b)nothing in this section shall authorize the Authority to delegate to
any public officer any power conferred upon him by regulation under
section 37 to fix the limits of any electrical or radiated interference in
respect of any class or classes of apparatus. (Replaced 26 of 1966 s.
2)

PART 111

CONTROL OF
TELECOMMUNICATIONS

7. Power of Governor in Council to grant licences

Subject to Part IIIA, the Governor in Council and, subject to regulations made
under section 37, the Authority may, in accordance with this Ordinance, grant to
such persons as they think fit licences to establish and maintain any means of
telecommunication and to possess and use apparatus for radiocommunication or
any apparatus of any kind that generates and emits radio waves. (Amended51of
1989s.2)

8.Prohibition of establishment and maintenance
of means of telecommunication, etc., except
under licence

(1) Save under and in accordance with a licence granted by the Governor in
Council or with the appropriate licence granted by the Authority, no person shall in
Hong Kong or on board any British ship or aircraft that is registered in Hong Kong-

(a) establish or maintain any means of telecommunication; or

(b) possess or use any apparatus for radiocommunication or any
apparatus of any kind that generates and emits radio waves
notwithstanding that the apparatus is not intended for
radiocommunication; or

(e) deal in the course of trade or business in apparatus or material for
radiocommunication or in any component part of any such apparatus
or in apparatus of any kind that generates and emits radio waves
whether or not the apparatus is intended, or capable of being used,
for radiocommunication; or

(d) demonstrate, with a view to sale in the course of trade or business,
any apparatus or material for radiocommunication.

(2) For the avoidance of doubt, it is hereby declared that the fact that the
person from whom any apparatus for telecommunication is loaned, leased or hired,
or the person maintaining a means of telecommunication of which other apparatus
forms part or with which other apparatus is connected, is the holder





of a licence granted under this Ordinance, does not exempt the person to whom the
apparatus is loaned, leased or hired, or the person maintaining, possessing or using
the apparatus forming part of, or connected with, such means of telecommunication,
as the case may be, from the necessity to obtain such licence or licences as may be
required under this Ordinance.

(3) Nothing in this section shall affect any public telephonic communication by
wire supplied and operated under the Telephone Ordinance (Cap. 269).

(4) Notwithstanding anything contained in subsection (1), no licence shall be
required under that subsection in respect of

(a) any sound broadcast receiving apparatus;

(b)any material or component part of such sound broadcast receiving
apparatus;

(c) any television receiver;

(d)any material or component part of a television receiver; (Added 2 of
1968 s. 3. Amended 17 of 1972 s. 2)

(e)any system which, without a change of frequency, carries from a
single aerial, by wire or other material substance which does not
cross a public street or unleased Crown land, to outlet points in one
building or in more than one building if such buildings are owned by
the same person television programmes broadcast by any company
licensed under the Television Ordinance (Cap. 52); or (Added 5 7 of 19
73 s. 2)

(f)any closed circuit television system consisting of a television
transmitter unit, with or without an associated audio system,
connected to reception units by wire or other material substance
which does not cross a public street or unleased Crown land, if

(i)the system is operated solely for internal information or security
communication purposes solely within premises occupied by
the person operating the system or for private entertainment
purposes in domestic premises occupied by such person; and

(ii)no advertising material is transmitted by means of the system,
other than such material advertising only the goods or services
sold or provided by the person operating the system or which is
transmitted free of charge by such person. (Added57of 1973s.2.
Amended 62of 1973s.2)

9. Control of import and export of radiocommunication

transmitting apparatus

Save under and in accordance with a permit granted by the Authority, no
person shall import into Hong Kong or export therefrom any apparatus or any





component part of any apparatus for transmission by radio waves unless he is the
holder of a licence authorizing him to deal in the course of trade or business in such
apparatus.

10. Control of use of radiocommunication apparatus

on vessel in Hong Kong waters

(1) Save as otherwise provided in this section, no radiocommunication
apparatus on board a vessel (other than a ship of war) shall be used while the vessel
is in the waters of Hong Kong notwithstanding that a licence, whether granted
under this Ordinance or under the law of any other territory, is in force in respect of
such apparatus.

(2) When a vessel is under way in the waters of Hong Kong,
radiocommunication apparatus on board the vessel may be used to communicate on
minimum power with the nearest coast station, or, if communication with the nearest
coast station is impracticable and the safe navigation of the vessel so requires, with a
more distant coast station or another vessel. (Amended 69 of 1983s.3)

(3) Radiocommunication apparatus on board a vessel that is in the waters of
Hong Kong may be used, for the purpose of summoning assistance on an occasion
of danger to the life of any person or to the vessel, to communicate with the nearest
coast station or, if communication with the nearest coast station is impracticable,
with a more distant coast station or another vessel.

(4) Where a person has been granted a licence for the purposes of section 8(1)
to possess or use any apparatus for radiocommunication upon any vessel he may,
subject to the terms of his licence, use such apparatus in the waters of Hong Kong
for communication with the base station of the radiocommunication system of which
the vessel is a mobile station or with another mobile station of that system.

(5) Apparatus for radiocommunication upon any vessel may be used to
communicate with a signal station as defined for the purposes of the Shipping and
Port Control Ordinance (Cap. 313), or any other station in connection with

(a) the services of a pilot or the piloting of a vessel; (b)
the berthing and unberthing of a vessel;

(c) the towing or salvage of a vessel; or
(d) the supply of water or fuel to a vessel:

Provided that nothing in this subsection shall authorize any such apparatus to
be used contrary to the provisions of the Shipping and Port Control Ordinance (Cap.
313) or other provision of law regulating the use of such apparatus.

(6) Subject to the terms of any licence relating thereto granted in or outside
Hong Kong, a ship earth station may be used to communicate with any





coast earth station by means of the maritime mobile satellite service provided by
INMARSAT subject to the following conditions

(a)the ship earth station shall operate in the maritime mobile satellite
frequency band authorized by INMARSAT;

(b)transmissions shall cease if so required by the Authority by written
notice to the master or agent of the vessel;

(c) the ship earth station shall not be used-

(i) in a dangerous goods anchorage as defined for the purposes
of the Shipping and Port Control Regulations (Cap. 313
sub. leg.);
(ii) when any person is within a 4 metre radius of its antenna.

(7) With the permission in writing of the Authority, radiocommunication
apparatus on board a vessel in the waters of Hong Kong may be used for such
period and for such purposes as the Authority may permit and, without derogation
from the generality of the foregoing, such purposes may include the demonstration
of any apparatus, tests in connection with the commissioning of any vessel and use
in connection with any event.

(8) Nothing in this section shall apply to the proper operation of

(a) any sound broadcast receiving apparatus; or

(b) any television receiver.

(9) For the purposes of this section

(a)'earth station' means an earth station approved by INMARSAT;

(b)'INMARSAT' means the International Maritime Satellite Organization
established under the Convention on the International Maritime
Satellite Organization (Inmarsat) (London 3 September 1976);

(c)'master' and 'agent' shall have the same meaning as in the Shipping
and Port Control Ordinance (Cap. 313);

(d)a vessel is under way when it is not at anchor, or made fast to the
shore, or aground;

(e)a certificate purporting to be signed by the Authority shall be
evidence of the relevant maritime mobile frequency band authorized
by INMARSAT on the day specified in the certificate.

(Amended 69 of 1983 s. 3)

11. Control of use of radiocommunication

apparatus on aircraft in Hong Kong

(1) Save as otherwise provided in this section, no radiocommunication
apparatus on board an aircraft shall be used while the aircraft is at any aerodrome in
Hong Kong, except for the purposes of air traffic control





and air navigation or for testing prior to flight of the apparatus used for air
traffic control and air navigation purposes, notwithstanding that a licence,
whether granted under this Ordinance or the law of any other territory, is in
force in respect of such apparatus.
(2) With the permission in writing of the Authority, radiocommunication
apparatus on board an aircraft that is at an aerodrome in Hong Kong may be
used in the carrying out of experimental tests.
(3) The Authority may permit the use, on such occasions or for such
period as he specifies, of radiocommunication apparatus on board an aircraft
that is at an aerodrome in Hong Kong.

12. No interference to telecommunication when apparatus
on board vessel or aircraft is used

Except where life or the safety of any vessel or aircraft is at risk, nothing in
section 10 or 11 shall authorize the use of any radiocommunication apparatus
in such a manner as to cause interference with any other means of
telecommunication within Hong Kong.
(Replaced 69 of 1983 s. 4)

13. Possession of telecommunication stations
taken by Government in emergencies

(1) Where, in the opinion of the Governor, an emergency has arisen in
which it is expedient for the public service that the Government should have
control over telecommunication stations, the Governor, by warrant under his
hand, may direct or cause such telecommunication stations as are specified in
the warrant to be taken possession of and to be used for the service of the
Government, and, subject thereto, for such ordinary service as may seem fit; or
may direct and authorize such persons as he thinks fit to assume control of such
telecommunication stations as he may specify and in such manner as he may
direct.
(2) Any such warrant shall not have effect for a longer time than
one week from the issuing thereof, but the Governor may issue successive
warrants from week to week as long as, in his opinion, such emergency
continues.
(3) The Government shall pay to the owner of any telecommunication
station taken possession of under this section, as compensation for any loss of
profit sustained by the company by reason of the exercise of the powers
conferred by this section such sum as may be agreed between the Government
and the owner by agreement or in case of difference, by arbitration.





PART IIIA

SOUND BROADCASTING
LICENCES

13A. Interpretation

(1) For the purposes of this Part-

-broadcasting- means transmitting sound (otherwise than as part of a television
broadcast) for general reception by means of radio waves;

'Broadcasting Authority' means the Broadcasting Authority established by section
3 of the Broadcasting Authority Ordinance (Cap. 391);

-company- has the meaning assigned to it in section 2(1) of the Companies
Ordinance (Cap. 32);

'corporation' means a company or other body corporate;

'disqualified person' means

(a) an advertising agent;

(b)a person who in the course of business supplies material for
broadcasting by a licensee;

(c) a licensee;

(d)a person who in the course of business transmits sound or television
material, whether in Hong Kong or outside Hong Kong;

(e)a person who exercises control of a corporation that is a person
referred to in paragraph (a), (b), (c) or (d);

'licence' means a licence granted under section 13C;

'licensee' means the holder of a licence granted under section 13C;

'ordinarily resident in Hong Kong-

(a) in relation to a person who is an individual, means-

(i) residence in Hong Kong for not less than 180 days in any

calendar year; or

(ii) residence in Hong Kong for not less than 300 days in any 2

consecutive calendar years; and

(b) in relation to a company, means a company-

(i) that is formed and registered in Hong Kong under the

Companies Ordinance (Cap. 32); and (ii) in the case of which

(A)if not more than 2 of its directors take an active part in the
management of the company, each of those directors is; or

(B)if more than 2 of its directors take an active part in the
management of the company, a majority of those directors
are each of them,





for the time being ordinarily resident in Hong Kong and each of
them has at any time been resident for a continuous period of
not less than 7 years; and

(iii) the control and management of which is bona fide exercised
in Hong Kong;

'subsidiary' means a company that is a subsidiary within the meaning of

section 2 of the Companies Ordinance (Cap. 32);

,,voting shares' means shares in the company which entitle the shareholder to

vote at meetings of shareholders of the company.

(2) For the purposes of this Part a person exercises control of a company or
corporation if he

(a) holds office in that company or corporation; or

(b)subject to paragraph (c), is the beneficial owner of more than 35% of
the voting shares in that company or corporation; or

(c)in the case of a corporation that is a licensee, is the beneficial owner of
more than 15% of the voting shares in that corporation.

(3) A person shall not be a disqualified person in relation to a corporation that
is a licensee by reason only that he holds office in, or is the beneficial owner of more
than 15% of the voting shares in, that corporation.

13B. Application for licence

Any corporation complying with section 13F may apply to the Broadcasting
Authority in such form as the Broadcasting Authority may determine, for a licence
to establish and maintain a broadcasting service.

13C. Grant of licence

(1) The Broadcasting Authority shall consider applications made under section
13B and make recommendations thereon to the Governor in Council.

(2) Having considered the recommendations made under subsection (1) in
respect of an application for a licence to establish and maintain a broadcasting
service, the Governor in Council may grant a licence to the applicant and such
licence shall, without prejudice to this Ordinance or the Broadcasting Authority
Ordinance (Cap. 391), be subject to the payment of such fee, royalty or other charge
whatsoever, whether annual or otherwise, and to such terms and conditions as the
Governor in Council may specify in the licence.

(3) Without prejudice to the generality of subsection (2), a licence may include

(a)a condition that the Broadcasting Authority may require the licensee
to refrain from broadcasting any programme or advertisement or any
class of material which in the opinion of the





Broadcasting Authority would contravene any direction issued by
the Governor in Council, any direction or any provision of a Code of
Practice issued by the Broadcasting Authority under the
Broadcasting Authority Ordinance (Cap. 391), any regulation made
under section 130 or any term or condition of the licence; and

(b)a condition that the Broadcasting Authority may suspend the
licence.

13D. Period of validity of licence

(1) A licence shall be

(a)valid for such period as may be specified in the licence or, where a
period is not specified in the licence, such period as may be
determined by the Governor in Council by order; and

(b)subject to renewal within that period of validity on such dates as may
be specified in the licence, or where such dates are not specified in
the licence, on such dates as may be determined by the Governor in
Council by order.

(2) An order made by the Governor in Council under subsection (1)(a) or (b)
shall be published in the Gazette.

13E. Renewal of licence

(1) Not less than 15 months before the date for any renewal of a licence under
section 13D(1)(b0 or such shorter period as the Governor in Council may permit,
the Broadcasting Authority shall submit recommendations to the Governor in
Council concerning the renewal of the licence and the terms and conditions to be
imposed.

(2) Having considered the recommendations submitted under subsection (1),
the Governor in Council may

(a)renew the licence subject to such terms and conditions as he may
specify; or

(b)renew the licence by granting a new licence in substitution therefor,
and in doing so, may impose such terms and conditions as he may
specify; or

(c) refuse to renew the licence.

(3) Notice of a decision to refuse to renew a licence shall be given to the
licensee concemed at least 12 months prior to the relevant date for renewal of the
licence.

(4) Where it is necessary for the due compliance with this section the Governor
in Council may extend the term of any licence.





13F. Competence of licensees

A licence may be granted to or held only by a corporation that is

(a)a company formed and registered in Hong Kong under the
Companies Ordinance (Cap. 32);

(b) not a subsidiary;

(c)empowered under its memorandum of association to comply fully
with the provisions of this Ordinance and the terms and conditions
of its licence.

13G. Disqualified persons

(1) Subject to subsection (2) and section 13H(2)(b), no disqualified person,
other than a person in respect of whom the reason for his being a disqualified
person was disclosed in the application for a licence, shall exercise control of a
corporation that is a licensee.

(2) Notwithstanding subsection (1), the Governor in Council may grant a
licence to a corporation

(a) that is a disqualified person;

(b) in respect of which a disqualified person exercises control; or

(c)that is a disqualified person and in respect of which a disqualified
person exercises control,

and the licence may contain such conditions relating to the disqualified person and
to the control exercised by him as the Governor in Council may impose under section
13C.

13H. Increase of control by disqualified persons

(1) Subject to subsection (2), no disqualified person who exercises control of a
corporation that is a licensee shall augment the basis of such control

(a)by augmenting the percentage of voting shares in the corporation
which he holds as the beneficial owner thereof, or

(b) by a change of the office held by him in the corporation.

(2) On the application of a licensee that is a corporation the Governor in
Council may, if he is satisfied that the public interest so requires, permit

(a)the licensee to augment the basis of the control of the corporation
exercised by a disqualified person; or

(b)the licensee to enable a disqualified person to exercise control of the
corporation.

131. Unqualified persons

(1) The aggregate of the voting shares in a licensee to or in which unqualified
persons have, directly or indirectly, any right, title or interest, shall





not at any time exceed 49% of the total number of voting shares in the licensee.

(2) Subsection (1) applies to voting shares in a licensee where the voting rights
carried by such shares are for the time being exercisable as regards any question or
other matter whatsoever which may be determined by a poll at general meetings of
the licensee.

(3) For the purposes of this section, a person shall be an 'unqualified person'
unless

(a)he is a person who is for the time being ordinarily resident in Hong
Kong and has at any time been resident for a continuous period of
not less than 7 years; or

(b)that person is a company that is ordinarily resident in Hong Kong.

(4) For the purposes of this section, a corporation established or incorporated
by Ordinance shall be regarded as being a company that is ordinarily resident in
Hong Kong if (but only if) for the time being

(a)every person who takes an active part in the management of the
corporation, or if there are more than 2-such persons each of a
majority of those persons, is for the time being ordinarily resident in
Hong Kong and has at any time been resident for a continuous
period of not less than 7 years; and

(b)the management of the corporation is bona fide exercised in Hong
Kong.

(5) For the purposes of this section, where any one or more of 2 or more
persons having a joint right, title or interest to or in voting shares is or are
unqualified persons, then the unqualified person or persons shall be regarded as
having the entire right, title or interest to the exclusion of any other person.

13J. Temporary restriction on disposal or acquisition

(1) Except with the consent of the Broadcasting Authority, any right, title or
interest to or in shares exceeding in the aggregate 15% of the total number of voting
shares in a licensee as at the date of the grant of the licence to the licensee may not
be transferred or acquired, directly or indirectly, within the period of 3 years
following the date of the grant of the licence to the licensee.

(2) Any transaction, settlement, agreement or understanding the effect of
which would but for this subsection, constitute a contravention of subsection (1) is
void.

(3) Any person exercising or purporting to exercise any right to dispose of or
acquire any right, title or interest to or in voting shares referred to in subsection (1)
where the result of such disposition or acquisition would to his knowledge, but for
subsection (2), constitute a contravention of subsection (1) commits an offence and
is liable to a fine of $100,000.





(4) Nothing in this section shall apply to-
(a)a transfer or acquisition by any person pursuant to the bona fide
exercise by him of his functions as a personal representative,
liquidator, receiver or trustee in bankruptcy;
(b) a transfer to a person who is-
(i) an authorized financial institution;
(ii)an insurer who is authorized within the meaning of the
Insurance Companies Ordinance (Cap. 41); or
(iii) a stockbroker, exempt dealer or registered dealer within the
meaning of the Securities Ordinance (Cap. 333),
by way of security only for the purposes of a transaction entered
into in the ordinary course of his business as such a person.
(5) In subsection (4)(b) 'authorized financial institution' means an
,,authorized institution' within the meaning of the Banking Ordinance (Cap.
155).

13K. Directions by Broadcasting Authority

(1) Where any transaction, settlement, agreement or understanding
(whether having legal effect or not) has been entered into, the effect of which is
to constitute a contravention of section 13G, 13H, or 131, the Broadcasting
Authority may with respect to the voting shares which are the subject of the
transaction, settlement, agreement or understanding in question-
(a)direct, by notice in writing served on the licensee, that the voting
rights which those voting shares carry, notwithstanding anything
contained in the articles of association of the licensee or any
provision of the laws of Hong Kong apart from this subsection.
shall not be exercised in relation to any matter at general
meetings of the licensee for such period as may be specified in the
notice;
(b)serve on any person having any right, title or interest to or in
such voting shares a notice in writing directing that person,
within a period specified in the notice and beginning on the date
of receipt by him of the notice (being a period of not less than 60
days), to transfer or otherwise to dispose of such right, title or
interest in favour of a person who is not an unqualified or
disqualified person (as the case may require) or to so transfer or
dispose of so much thereof as is necessary to effect a cesser of the
contravention.
(2) Where a notice under subsection (1)(b) is served on a person, the
person may apply to the Broadcasting Authority for an extension, or a further
extension, of the period within which the requirements of the notice are to be
complied with.





(3) Where an application is made under subsection (2) the Broadcasting
Authority shall only grant an extension or further extension if it is satisfied that,
having regard to the circumstances of the case, the application is reasonable.

(4) Where a notice under subsection (1) is served on a person, but subject to
subsections (2) and (3), the person shall comply with the requirements of the notice.

(5) Subject to subsections (2) and (3), any person who fails to comply with the
requirements of a notice served on him under subsection (1)(b) within the time
specified in the notice (or such extended time as may be allowed under subsection
(2) commits an offence and is liable to a fine of $100,000, and for every day during
which such offence continues after conviction therefor to a fine of $2,000.

(6) A licensee who knowingly allows voting rights to be exercised at any
general meeting in the case of shares which are the subject of a notice served on him
under subsection (1)(a) commits an offence and is liable to a fine of $100,000.

(7) A resolution passed at a general meeting of the licensee shall not be invalid
by reason only that voting rights in respect of which a notice served under
subsection (1)(a) is still in force have been exercised.

13L. Recovery of royalty

(1) Any royalty payable by a licensee pursuant to any licence and owing to the
Government shall be recoverable by the Government as a civil debt in any court of
competent jurisdiction.

(2) A certificate in writing purporting to be made under the hand of the Financial
Secretary to the effect that any royalty payable under a licence is owing to the
Government shall be prima facie evidence of that fact.

13M. Governor in Council may prohibit programmes

(1) Where the Governor in Council is of the opinion that the peace or good
order of Hong Kong is threatened, he may by notice in writing to the licensee
prohibit the broadcasting of any particular programme or part thereof.

(2) Any person who knowingly broadcasts any programme or part thereof in
contravention of a prohibition imposed under subsection (1) commits an offence and
is liable to a fine of $50,000 and to imprisonment for 6 months.

13N. Regulations

(1) The Governor in Council may, for the purpose of securing compliance with
this Part, make regulations

(a)regulating the ownership or control, whether direct or indirect, of
licensees; and





(b)regulating the holding, acquisition or disposal of rights, titles and
interests to or in voting shares in licensees.

(2) Without prejudice to the generality of subsection (1) regulations made
under this section may

(a)authorize the Broadcasting Authority to investigate the ownership or
control of voting shares in a licensee and for the purpose of such
investigation may authorize the Authority to require any person to
give particulars concerning any right, title or interest to or in any
such voting shares that he may have and also particulars concerning
the right, title or interest to or in those voting shares which to his
knowledge any other person may have;

(b)authorize the Broadcasting Authority to require a licensee to supply
such particulars as may be specified in the regulations concerning
any right, title or interest of persons to or in its shares, including
particulars of transfers of any such right, title or interest;

(c)authorize the Broadcasting Authority to require a licensee to obtain
the particulars referred to in paragraph (b) from any person and
require such person to supply such particulars (by way of declaration
or otherwise);

(d)empower the Broadcasting Authority, where any person fails or
refuses to supply particulars concerning any right, title or interest he
may have to or in any such voting shares in accordance with the
regulations, to suspend the voting rights attached to such shares;

(e)authorize the Broadcasting Authority to require a licensee to
establish and maintain a register of shares to contain details of rights,
titles and interests to or in such voting shares and particulars of
transfers of the same;

(f)prescribe the procedures to be followed in giving directions under
section 13K(1);

(g)regulate matters relating to transfers of rights, titles and interests to
or in such voting shares.

(3) Regulations made under this section may provide that a contravention of
specified provisions thereof shall be an offence punishable by a fine not exceeding
$100,000.

130. Regulations relating to standards
and technical requirements

The Governor in Council may make regulations for the purpose of-

(a)establishing standards for the programmes and advertising material
to be broadcast by licensees; and





(b)providing for the technical requirements with which a licensee shall
comply in broadcasting.

(Part IIIA added 51 of 1989 s. 3)

PART IV

USE OF LAND FOR TELECOMMUNICATION LINES,
ETC.

14. Power to place and maintain telecommunication

lines, etc., on land

(1) The Authority, and any licensee authorized by the Authority either
generally or for any particular occasion, may place and maintain a
telecommunication line, and such posts as may be necessary, in, over or upon any
land, subject

(a)in the case of unleased Crown land, to the consent in writing of the
Director of Buildings and Lands or an officer of the Buildings and
Lands Department appointed by him for the purposes of this section;
and

(b)in the case of land vested in or occupied by Her Majesty's naval,
military or force services, to the consent in writing of the Commander,
British Forces, or such officer as he appoints to be his representative
for the purposes of this section.

(2) In exercising the powers conferred by subsection (1), the Authority or the
licensee, as the case may be, shall do as little damage as possible and full
compensation shall be paid by the Authority, or the licensee, as the case may be, to
any person having a lawful interest in the land, or being lawfully thereon, who
suffers damage as a result of the exercise of those powers.

(3) So far as may be necessary for the due exercise of the powers conferred by
subsection (1), the Authority or the licensee, as the case may be, may alter the
position of any pipe or wire, other than a water, gas or electric main, if

(a)reasonable notice has been given to the owner of the pipe or wire or
the person in control thereof, and

(b)in the case of a pipe or wire in or over or upon unleased Crown land,
the consent in writing of the Director of Buildings and Lands or an
officer of the Buildings and Lands Department appointed by him for
the purposes of this section has been obtained; and

(e)in the case of a pipe or wire in, over or upon land vested in or
occupied by Her Majesty's naval, military or airforce services, the
consent in writing of the Commander, British Forces, or such





officer as he appoints to be his representative for the purposes of
this section has been obtained.
(Amended L.N. 76 of 1982; L.N. 94 of 1986)

15. Disputes as to compensation

(1) Where any dispute arises as to-
(a) whether compensation is payable under section 14(2);
(b) the amount of any such compensation; or
(c) the person to whom it is payable,
the dispute shall be referred to and determined by the District Court.
(2) For the purposes of this section, a dispute shall be deemed to have
arisen where a claimant or the Authority or the licensee, as the case may be, has
served notice of intention to refer the dispute to the District Court upon all
other parties to the dispute, and the party who has served notice as aforesaid
shall, within 2 months thereafter, refer the dispute to the District Court by
notice served upon a deputy registrar of the Court giving particulars of the
matter in dispute between the parties, and a copy of the last-mentioned notice
shall, within the said period, be served upon all other parties.
(3) The District Court may order that the costs incurred by any party in
proceedings before it under this section shall be paid by any other party, and
may tax or settle the amount of any costs to be paid under any such order, or
may direct the manner in which they are to be taxed.
(4) The Chief Justice may, subject to this Ordinance, make rules for
regulating proceedings before the District Court under this section.

16. Removal, etc., of line or post where
necessary by reason of use of land

(1) Where any person desires to use land in a way that makes it necessary
to remove to another part of the land a telecommunication line or a post
maintained by the Authority or a licensee in, over or upon the land under
section 14 or to alter such telecommunication line or post in any way, he may
by notice in writing served upon the Authority or the licensee, as the case may
be, require the removal or alteration of the line or post.
(2) Any expenses incurred by the Authority or the licensee in complying
with a requirement under subsection (1) may be recovered from the person who
made the requirement.

17. Trees interrupting telecommunication

(1) If a tree standing or lying near a telecommunication line interrupts, or
is likely to interrupt telecommunication, a magistrate may, upon application by





the Authority or the licensee concerned, as the case may be, order the tree to be
removed or otherwise dealt with in such a way as to prevent the interruption, or
the likelihood of the interruption, of telecommunication and, if the tree was in
existence at the time the telecommunication line was placed in, over or upon the
land, may order the Authority or the licensee, as the case may be, to pay to the
owner of the tree such sum by way of compensation as he thinks reasonable.
(2) Any order of a magistrate in proceedings under subsection (1) shall be
final.

18. Work affecting telecommunication fine

(1) Any person who proposes to carry out on any land work that may
affect a telecommunication line maintained by the Authority or a licensee in,
over, upon or near the land shall give to the Authority or the licensee, as the
case may be, notice in writing of his intention to carry out the work.
(2) All reasonable precautions shall be taken in the carrying out of such
work to prevent damage to any telecommunication line in, over, upon or near
the land, and the Authority or the licensee, as the case may be, may recover
from the person on whose behalf the work is carried out any expenses incurred
in making good any damage to a telecommunication line caused by a failure to
take such precautions.
(3) In any proceedings under subsection (2) for the recovery of the
expenses incurred by the Authority or the licensee, it shall be presumed, until
the contrary is proved, that the work was carried out on behalf of the owner of
the land.

19. Power to enter on land to inspect, repair,
etc., telecommunication lines

The Authority and a licensee may at such times as may be necessary enter
upon any land, in, over or upon which he maintains a telecommunication line
or a post for the purpose of inspecting, repairing, removing or altering such line
or post.

PART V

OFFENCES AND PENALTIES

20. Contravention of section 8 an offence

Any person who contravenes section 8(1) shall be guilty of an offence and
shall be liable-





(a)on summary conviction, to a fine of $5,000 and to imprisonment
for 2 years; and
(b)on conviction on indictment, to a fine of $10,000 and to
imprisonment for 5 years.
(Amended 17 of 1972 s. 3)

21. Contravention of section 9 an offence

Any person who contravenes section 9 shall be guilty of an offence and
shall be liable on summary conviction to a fine of $3,000 and to imprisonment
for 12 months.

22. Penalty in event of contravention
of section 10, 11 or 12

In the event of a contravention of section 10(1), 11(1) or 12, the master of
the vessel or the captain of the aircraft, as the case may be, or the person at
whose direction the radiocommunication apparatus was used, shall be guilty of
an offence and shall be liable on summary conviction to a fine of $5,000.

23.Transmitting or receiving messages, etc., by
unlicensed means of telecommunication

Any person who, knowing or having reason to believe that a means of
telecommunication is being maintained in contravention of this Ordinance,
transmits or receives any message by such means of telecommunication or
performs any service incidental to the transmission or reception of any such
message or delivers any message for transmission by such means of tele-
communication or takes delivery of any message sent thereby shall be guilty of
an offence and shall be liable on summary conviction to a fine of $5,000.
23A.Penalty for selling message received on
sound broadcast receiving apparatus
or a television receiver

Any person who, without the consent of the Authority,-
(a) sells; or
(b) offers for sale; or
(c) publishes or reproduces for reward,
any message or information, or the sense or meaning of any message or
information received by him or by any other person by means of a sound
broadcast receiving apparatus or a television receiver shall be guilty of an





offence and shall be liable on summary conviction to a fine of $1,000 and to
imprisonment for 6 months.

(Added2of1968s.4. Amended17of1972s.4)

24. Offences by telecommunication officer, etc.

A telecommunication officer, or any person who, though not a
telecommunication officer, has official duties in connection with a
telecommunication service, who

(a)wilfully destroys, secretes or alters any message that he has received
for transmission or delivery;

(b)forges any message or utters any message that he knows to be forged
or altered;

(c)wilfully abstains from transmitting any message or wilfully intercepts
or detains or delays any message;

(d)otherwise than in pursuance of his duty or as directed by a court,
copies any message or discloses any message or the purport of any
message to any person other than the person to whom the message is
addressed,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
$2,000 and to imprisonment for 2 years.

25.Secretion, etc., of messages by persons other than telecommunication officers

Any person, not being a telecommunication officer, or a person who, though
not a telecommunication officer, has official duties in connection with a
telecommunication service, who

(a)wilfully secretes, detains or delays a message intended for delivery to
some other person; or (Amended48of1972s.4)

(b)having been required by a telecommunication officer to deliver up to
him a message in the possession of that person and intended for
delivery to some other person, refuses or neglects to do so,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
1,000 and to imprisonment for 12 months.

26. Transmission by telecommunication
officer of message not paid for

A telecommunication officer who, with intent to defraud, transmits by
telecommunication a message in respect of which the charge prescribed by or under
this Ordinance has not been paid shall be guilty of an offence and shall be liable on
summary conviction to a fine of $2,000 and to imprisonment for 2 years.





27. Damaging telecommunication installation with intent

Any person who damages, removes or interferes in any way whatsoever with a
telecommunication installation with intent to

(a) prevent or obstruct the transmission or delivery of a message; or

(b) intercept or discover the contents of a message, shall be guilty of an
offence and shall be liable on summary conviction to a fine of $2,000 and to
imprisonment for 2 years.

28. Transmission of false messages

Any person who transmits, or causes to be transmitted, by telecommunication a
message that he knows to be false shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,000 and to imprisonment for 2 years.

29. Entry on certain land without permission

Any person who, without lawful authority or excuse, enters or remains on any
land in the occupation of a person who provides a telecommunication service shall
be guilty of an offence and shall be liable on summary conviction to a fine of $250.

30. Penalty for contravention of order under section 33

Any person who fails to comply with an order under section 33 shall be guilty
of an offence and shall be liable on summary conviction to a fine of $2,000 and to
imprisonment for 12 months.

31. Obstruction of Authority, etc.

Any person who wilfully obstructs the Authority or any public officer in the
exercise of any power conferred upon him by this Ordinance shall be guilty of an
offence and shall be liable on summary conviction to a fine of $1,000 and to
imprisonment for 6 months.

32.Liability of directors, etc., where offence
committed by corporation

Where a person by whom an offence under this Ordinance is committed is a
corporation and it is proved that the offence was committed with the consent or
connivance of a director or other officer concerned in the management of the
corporation, the director or other officer shall be guilty of the like offence.





PART VI

SUPPLEMENTARY AND
MISCELLANEOUS

33. Power of Governor to prohibit

transmission of messages, etc.

Whenever he considers that the public interest so requires, the Governor, or
any public officer authorized in that behalf by the Governor either generally or for
any particular occasion, may order that any message or any class of messages
brought for transmission by telecommunication shall not be transmitted or that any
message or any class of messages brought for transmission, or transmitted or
received or being transmitted, by telecommunication shall be intercepted or detained
or disclosed to the Government or to the public officer specified in the order.

34. General provisions as to licences, etc.

(1) A licence granted under this Ordinance by the Governor in Council shall be
valid for such period, and shall be subject to the payment of such fee, royalty or
other charge whatsoever, annually or otherwise, as is specified therein, and shall be
subject to such conditions as the Governor in Council may specify and, where the
Governor in Council considers it desirable in the public interest, may confer on the
person to whom it is granted an exclusive right to maintain any service to the public
in connection with which the licence is granted.

(1A) A licence granted under this Ordinance by the Governor in Council may,
with the consent in writing of the person to whom it was granted, be amended by
order of the Governor in Council. (Added92of1970s.2)

(2) Every licence granted under this Ordinance by the Authority shall be valid
for the period or until the day prescribed by the regulations, but, save as otherwise
provided by the regulations, may be renewed for a period of one year at a time.

(3) Any licence, pen-nit, permission or consent granted under this Ordinance
by the Authority shall be subject to the conditions (if any) prescribed by or under
the regulations and to such other conditions as the Authority specifies on the grant
or renewal thereof, being conditions that the Authority considers necessary for the
purpose of carrying out the objects of this Ordinance.

(4) Any licence, permit, permission or consent granted under this Ordinance
may at any time be cancelled or withdrawn by the authority by whom it was granted,
or suspended by such authority for such period, not





exceeding 12 months, as the authority specifies, in the event of any contravention
by the licensee or the person to whom the permit, permission or consent was
granted, as the case may be, of this Ordinance or of any condition to which the
licence, permit, permission or consent is subject, and any such licence may be
cancelled or suspended at any time by the Governor in Council if he considers that
the public interest so requires.

(5) Where any licence, permit, permission or consent granted under this
Ordinance is cancelled, withdrawn or suspended, no part of any fee or other sum
paid in respect thereof or thereunder shall be refunded.

(6) Nothing in this section applies in respect of a licence granted under
PartIlIA. (Addend51of1989s.4)

35. Power of Authority

(1) The Authority, or any public officer authorized in writing in that behalf by
the Authority, may

(a)arrest any person whom he reasonably suspects of being guilty of an
offence under this Ordinance;

(b)subject to subsection (2), enter and search any place, or board and
search any vessel (other than a ship of war) or any aircraft (other than
a military aircraft) or search any vehicle, in which he reasonably
suspects that there is anything liable to seizure under paragraph (c);

(c) seize, remove and detain-

(i)anything in respect of which he reasonably suspects that an
offence under this Ordinance has been committed;

(ii)anything that appears to him to be or to be likely to be, or to
contain, evidence of an offence under this Ordinance;

(d)enter and inspect the premises at or from which any person
manufactures, sells or otherwise deals in apparatus that may be used
for telecommunication and require the production to him of any
books or documents relating to such apparatus.

(2) Where he is satisfied by information on oath that there is reasonable ground
for suspecting that there is in any premises used for dwelling purposes anything
that is liable to seizure under subsection (1)(c), a magistrate may issue his warrant
authorizing such premises to be entered and searched by the Authority or any other
public officer, and no premises used for dwelling purposes shall be entered or
searched under this Ordinance except pursuant to the warrant of a magistrate issued
under this subsection.

(3) The Authority or any public officer may

(a)break open any outer or inner door of any place that he is empowered
or authorized by or under this Ordinance to enter and search;





(b)forcibly board any vessel, aircraft or vehicle that he is empowered
by this Ordinance to board and search;
(e)remove by force any person or thing obstructing any arrest,
detention, search, inspection, seizure or removal that he is
empowered by this Ordinance to make;
(d)detain any person found in any place that he is empowered or
authorized by or under this Ordinance to search until such place
has been searched;
(e)detain any vessel or aircraft that he is empowered by this
Ordinance to board and search, and prevent any person from
approaching or boarding such vessel or aircraft, until it has been
searched;
(f)detain any vehicle that he is empowered by the Ordinance to
search until it has been searched.

36. Forfeiture

A magistrate or the court may, upon application by or on behalf of the
Authority or by any public officer, order that any apparatus in respect of which
there has been a contravention or attempted contravention of this Ordinance
shall be forfeited to the Crown, whether or not proceedings have been taken
against any person in respect of the contravention or attempted contravention.

37. Regulations

(1) The Governor in Council may by regulation provide for-
(a) the control and conduct of means of telecommunication;
(b)the operation and use of apparatus for telecommunication or
apparatus that generates and emits radio waves;
(c)the prohibition and control of electrical or radiated interference
with the working of apparatus for telecommunication;
(d)the conditions and restrictions subject to which messages may be
transmitted or received;
(e)the period for which, and the conditions subject to which,
messages and other documents connected with a telecom-
munication service shall be preserved;
(f)fees for searching for messages or other documents connected
with a telecommunication service;
(g)the licences and permits that may be granted by the Authority
and the fees payable on the grant or renewal of any such licences
or permits;
(h)the examination of persons in connection with the operation
of apparatus for radiocommunication and the grant and





endorsement of certificates of competency in the operation of such
apparatus and the fees payable in respect of any such examination;

(i)the issue of certificates of competency in radiocommunication and
authorities to operate authorizing persons to hold positions in
radiocommunication stations and the cancellation or suspension of
any such authority.

(2) Regulations made under this section may provide that contravention of
specified provisions of such regulations shall be an offence and may provide
penalties therefor:

Provided that no penalty so provided shall exceed a fine of $2,000 and
imprisonment for 12 months.

(3) Regulations made under paragraph (c) of subsection (1) may

(a)constitute the Authority as the sole authority for the making of tests
and measurements in respect of electrical or radiated interference;

(b)confer upon the Authority the power to determine the measuring
apparatus to be used, the method by which and the conditions under
which tests are to be made and the manner to be used in computing
the amount of any such interference from readings afforded by the
measuring apparatus;

(c)in respect of any specified class or classes of apparatus confer upon
the Authority, with or without restriction, the power to fix, in such
manner as may be specified in the regulations, the limits of any such
interference at any frequency or within any frequency range, whether
in substitution for or by way of amendment of limits, frequencies or
frequency ranges specified in any regulations made under that
paragraph, or otherwise; and

(d)provide for the issue by magistrates of warrants empowering the
Authority, or any public officer authorized in writing in that behalf by
the Authority, to enter and search any premises, vessel, aircraft or
vehicle and to examine and test any apparatus found thereon or
therein in cases where access to such premises, vessel, aircraft or
vehicle has been demanded, or permission to examine or test any
such apparatus has been requested, but in either case has been
unreasonably refused. (Added26of1966s.3)

38. (Repealed 69 of 1983 s. 5)

39. Exemption

(1) The Governor in Council may by order exempt any person or any class of
persons from this Ordinance or from such of the provisions thereof as he thinks fit.





(2) Without derogation from the provisions of section 40 of the
Interpretation and General Clauses Ordinance (Cap. 1) an order under this
section may provide that it shall be a condition of any exemption granted
thereunder that the person or class of persons to whom it is granted shall not
directly or indirectly fix, levy or make payable, any charge for any service,
facility or circuit in respect of which the exemption is made greater than such
charge as may, from time to time, be specified by the Authority by order in the
Gazette. (Added 69 of 1983 s. 6)

40. Transitional provisions

(1) Any licence granted under the repealed Telecommunication
Ordinance (18 of 1936) by the Governor in Council that is in force at the
commencement of this Ordinance shall be deemed to have been granted by the
Governor in Council under and in accordance with this Ordinance.
(2) Any telecommunication line or post lawfully placed and maintained
in, over or upon any land under the repealed Telecommunication Ordinance (18
of 1936) at the commencement of this Ordinance shall be deemed to be placed
and maintained in, over or upon the said land under and in accordance with
this Ordinance.

41. Validation

For the avoidance of doubt, it is declared that where at any time before the
commencement of the Telecommunication (Amendment) Ordinance 1982 (57 of
1982) the Authority granted any licence in purported exercise of its powers
under section 7 relating to a broadcast relay station or closed circuit television,
such grant shall not be invalid by reason only that any such licence was not at
that time a licence specified in the second column of the First Schedule to the
Telecommunication Regulations (Cap. 106 sub. leg.).
(Added 57 of 1982 s. 2)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2460

Edition

1964

Volume

v8

Subsequent Cap No.

106

Number of Pages

30
]]>
Tue, 23 Aug 2011 18:07:23 +0800
<![CDATA[PUBLIC LIGHTING ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2459

Title

PUBLIC LIGHTING ORDINANCE

Description






LAWS OF HONG KONG

PUBLIC LIGHTING ORDINANCE

CHAPTER 105





CHAPTER 105

PUBLIC LIGHTING

To provide for the public lighting of the Colony and for the protection of the
appliances used in connexion therewith.

[8 May 1914.1

1. This Ordinance may be cited as the Public Lighting Ordinance.

2. It shall be lawful for the Director of Highways to cause a sufficient
number of posts, standards and brackets for the lighting of the public or private
streets, roads, ways and thoroughfares in the Colony or for the control of
pedestrian and vehicular traffic therein to be provided and to be set up. fixed or
erected in all suitable situations for such lighting or control, whether in any of
the said streets, roads, ways and thoroughfares or in any place adjacent thereto
or upon or against the wall of any house or building or the side of any wall or
fence, or elsewhere, as he may think proper; and it shall also be lawful for him
to cause to be provided and put and affixed upon the said posts, standards and
brackets such a number of lamps and of such sizes and sorts respectively as
may be found requisite for the lighting or control of the said streets, roads, ways
and thoroughfares respectively.

(Amended, 33 qf 1939, Schedule,. 28 of 7940, s. 2; L.N. 76/82
and L.N. 127/86)

3. The laws relating to the removing, taking. carrying away or stealing of
fixtures and chattels respectively shall be interpreted to apply to the removing,
taking, carrying away or stealing of any of the posts, standards, brackets or
lamps provided under this Ordinance and the property of and in all or any of
such posts. standards. brackets or lamps shall be deemed to be vested in the
Director of Highways for all the purposes of any proceedings, civil or criminal,
in relation thereto.

(Amended, L.N. 76/82 and L.N. 127/86)

4. Every person who wilfully extinguishes, obscures or interferes in any
way with the light of any lamp provided under this Ordinance shall be liable on
summary conviction to a fine of S200 in addition to the full amount of the
damage and all incidental costs and expenses.

(Amended, 5 of 1924, Schedule,. 22 qf 1950, Schedule and
48 of 1972, s. 4)





5. It shall be lawful for any person witnessing the commission of an
offence against section 4 to seize the said offender and to deliver him to
any constable or to a magistrate; and no warrant shall be in any case
necessary to justify the apprehension of any such offender.

(Amended, 5 qf 1924, Schedule)

6. When any damage or injury has been occasioned to any of the
posts, standards, brackets or lamps provided under this Ordinance by
any person otherwise than wilfully, and such person has not made
satisfaction for the same, the District Court shall, where proceedings are
commenced in respect of such damage or injury, order the said person
to make full satisfaction for the amount of such damage or injury,
together with all incidental costs and expenses.

(Amended, 5 (of 1924, Schedule and 35 qf 1969, Schedule)

7. Nothing in this Ordinance contained shall be deemed to affect
any liability imposed by section 29 of the Buildings Ordinance, upon the
owners of the land fronting, adjoining or abutting on any street on land
held under lease from the Crown on which buildings front, adjoin or
abut.

(Amended, 18 of 1935, s. 172 and 33 of 1939, Schedule)
Originally 13 of 1914. (Cap. 105, 1950 Ed.) 5 of 1924. 18 of 1935. 33 of 1939. 28 of 1940. 22 of 1950. 35 of 1969. 48 of 1972. L.N. 76/82. L.N. 127/86. Short title. Director of Highways to have power to erect lamp posts and affix lamps thereon. Property in lamp posts and lamps to be vested in Director of Highways. Extinguishing light of lamps. Apprehension without warrant of offender. Compensation to be paid for damage other than wilful. Saving. (Cap. 123.)

Abstract

Originally 13 of 1914. (Cap. 105, 1950 Ed.) 5 of 1924. 18 of 1935. 33 of 1939. 28 of 1940. 22 of 1950. 35 of 1969. 48 of 1972. L.N. 76/82. L.N. 127/86. Short title. Director of Highways to have power to erect lamp posts and affix lamps thereon. Property in lamp posts and lamps to be vested in Director of Highways. Extinguishing light of lamps. Apprehension without warrant of offender. Compensation to be paid for damage other than wilful. Saving. (Cap. 123.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2459

Edition

1964

Volume

v8

Subsequent Cap No.

105

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:07:22 +0800
<![CDATA[STAR FERRY COMPANY, LIMITED, BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2458

Title

STAR FERRY COMPANY, LIMITED, BY-LAWS

Description






'STAR' FERRY COMPANY, LIMITED, BY-LAWS

ARRANGEMENT OF BY-LAWS

.......................................Page
1.........Citation ....................... ... ... ... ... ... ... ... ... ... E2

2...........Interpretation ............... ... ... ... ... ... ... ... ... ... ... E 2
3...........Conduct of public............. ... ... ... ... ... ... ... ... ... ... E 2

4.............Conduct of persons ......... ... ... ... ... ... ... ... ... ... ... E 2

5.........Luggage ........................... ... ... ... ... ... ... ... ... E 3

6...................................Monthly and season tickets and in case where no ticket is issued ... ... E 4

7...............................Forfeiture and cancellation of monthly or season tickets ... ... ... ... E 4

8. Defaced, altered or mutilated tickets, and replacement of damaged tickets ... E 4

9......Dress ................................ ... ... ... ... ... ... ... ... E 5

10.............Animals or birds .......... ... ... ... ... ... ... ... . ... E 5

11..........Intoxication ................. ... ... ... ... ... ... ... E 5

12........Damage ............................ ... ... ... ... ... ... ... E 5
13........Firearms .......................... ... ... ... ... ... ... ... ... E 5

14...............Collections or gratuities ... ... ... ... ... ... ... ... ... ... ... E 5
15...............Betting and gambling .... ... ... ... ... ... ... ... ... ... ... E 5

16...................Obedience to lawful instructions ... ... ... ... ... ... ... ... ... E 6

17........................Interference with mechanism or equipment ... ... ... ... ... ... ... E 6

18.............Name and address .......... ... ... ... ... ... ... ... ... ... ... E 6

19..........Lost property ................... ... ... ... ... ... ... ... ... ... E 6

20............................Sections 38, 39 and 40 of Ferry Services Ordinance ... ... ... ... ... E 6
21. Penalties E 6





'STAR' FERRY COMPANY, LIMITED, BY-LAWS

(Cap. 104, section 45(1)

[13 July 1984.]

1. These by-laws may be cited as the 'Star' Ferry Company,
Limited, By-laws.

2. In these by-laws, unless the context otherwise requires-

-Company- means the 'Star' Ferry Company, Limited;

'rush hours' means 8.00 a.m. to 9.00 a.m. from Monday to Saturday; and
5.00 p.m. to 6.30 p.m. from Monday to Friday.

3. (1) Subject to paragraph (2), no person shall-

(a)trespass on any part of the Company's piers. premises or
vessels;

(b)alight from or enter any of the Company's vessels in motion
except by the proper entrances or exits, and no person shall sit
or climb on ship rails or bulwarks or climb over or under any
barrier or gate erected on any of the Company's piers;

(c)embark on or disembark from any of the Company's vessels
from or to any sampan, boat or other craft;

(d)embark on or travel by any of the Company's vessels without
having first paid the appropriate fare;

(e)embark on or travel in any of the Company's vessels in use
after being informed by any servant of the Company that such
vessel already contains the full complement of passengers;

(f)travel on any of the Company's vessels in a class higher than
that for which he has paid the fare;

(g)remain on board any of the Company's vessels upon
completion of any journey.

(2) Sub-paragraphs (b), (c), (d), (e), (f) and (g) of paragraph (1)
shall not apply to a servant of the Company while acting in the course
of his duty.

4. (1) Subject to paragraph (2), no person shall-

(a)smoke or carry a lighted pipe, cigar or cigarette in or upon any
part of the Company's vessels or premises which is clearly
designated as a 'no smoking' area or is otherwise sign-
posted as prohibited for smoking;

(b)except in case of emergency pass from one deck to another or
open any grill or door on any of the Company's vessels for
the purpose of so passing;





(c)enter any part of the Company's vessels or premises which is
marked with an indication that admission is prohibited or
restricted,

(d)play or perform upon any musical instrument, or use in the
hearing of another person any radios and cassette players or
television set or tape-recorder or swear or use obscene or
offensive language or sing any indecent or obscene songs,
while in or upon any of the Company's vessels or any of the
Company's premises, or commit any nuisance in or on any of
the Company's vessels or premises;

(e)obstruct the approaches to the gangways of any of the
Company's vessels or impede or hamper in any way the
movements of such gangways;

wilfully interfere with or obstruct or distract any servant of the
Company from carrying out his duties;

(g)wilfully give any sound or signal which may reasonably be
interpreted by any servant of the Company as an official order
or instruction;

(h)throw or deposit without lawful authority or excuse any litter
into the waters of Hong Kong or in any place from which it is
likely that the litter will be swept by the tide into the waters of
Hong Kong from any of the Company's vessels or any of the
Company's premises;

(i)spit in, on or from any of the Company's piers. premises or
vessels;

(j)stand or place his feet on any seat on any of the Company's
vessels or piers;

(k)drop any lighted cigarettes or rubbish on to any of the
Company's vessels or piers otherwise than in a receptacle
provided for that purpose;

(1)throw any lifebuoy or any equipment of the Company on or
from any of the Company's vessels or piers except in case of
emergency.

(2) Sub-paragraphs (b) and (e) of paragraph (1) shall not apply to a
servant of the Company while acting in the course of his duty.

5. No person shall-

(a)take on to any of the Company's vessels as personal luggage
anything other than small handbaskets, bags or parcels all of
which shall not exceed either 12 kilograms in weight or 0.028
cubic metre in measurement, except that passengers may take
with them on to the Company's vessels a reasonable quantity
of hand baggage at any time except during rush hours. All
such personal luggage and hand baggage shall be carried by
hand and the Company





shall not be responsible for its safe custody or for any
damage sustained by it. Such personal luggage and hand

c

baggage shall not occupy any, part of the seats nor be of a

c

form or description to annoy, or inconvenience. or be a
danger to, other persons;

danger

(b)take on to any of the Company's premises or any, of the
Company's vessels any livestock. salt fish. vegetables or
poultry (whether dead or alive) in open parcels.

(c)take on to any of the Company's premises or any of the
Company's vessels any type of cargo whatsoever other than
personal luggage and hand baggage as described in paragraph
(a);

(d)take on to any of the Company's premises or any of the
Company's vessels any dangerous goods other than provided
for in by-law 13.

6. (1) Every monthly or season ticket shall bear in legible form the
name of the holder thereof.

(2) No person shall use any monthly or season ticket which is riot
issued in his own name or upon the face of which his own name does
not appear and no monthly or season ticket holder shall sell or transfer a
monthly or season ticket of which he is the holder to any other person.

(3) The holder of a monthly or season ticket shall produce it for
inspection by any servant of the Company whenever the holder is
entering upon any of the Company's piers or travelling on any of the
Company's vessels or being on any of the Company's piers.

(4) Where no ticket is issued in exchange for payment of a fare for
embarking on to any of the Company's vessels, each passenger shall
pass through any of the Company's appropriate turnstiles or other
authorized entry points on the Company's piers before embarking on to
any of Company's vessels.

7. (1) In the event of any monthly or season ticket holder
committing a breach of these by-laws in connexion with such monthly
or season ticket any servant of the Company shall be entitled, if he is
satisfied that an offence has been committed, to retain such ticket.

(2) If the Company is satisfied that an offence has been committed
against these by-laws, the Company shall be entitled to forfeit such
monthly or season ticket and shall not be under any liability to make
any refund in respect thereof.

8. (1) In the event of any monthly or season ticket being defaced.
altered or mutilated it shall be deemed as invalid and in the case of any
person using such ticket the Company shall be entitled to charge the
appropriate fare. or difference. or refuse admission on to the Company's
premises and the Company's vessels.





(2) The Company may at its discretion. if it is satisfied that a
monthly or season ticket has been damaged otherwise than by reason
of the fault or negligence of the holder. replace the damaged ticket
without additional charge.

9. No person whose dress or clothing may in the opinion of any
servant of the Company soil or damage the seats or fittings of any of the
Company's vessels or of the Company's piers or the dress or clothing of
any other passenger, and no person who in the opinion of any servant
of the Company may for any other appropriate reason be offensive to
passengers shall enter upon any of the Company's piers or travel in any
of the Company's vessels, and it shall be lawful for any servant of the
Company to prevent any such person from so doing by giving any of
the aforesaid reasons therefor.

10. 1) No person shall take an animal or bird in any of the
Company's vessels or on to any of the Company's premises except after
first having obtained the permission of any servant of the Company on
duty.

(2) Any animal or bird taken in any vessel of the Company or on to
any of the Company's premises shall be suitably restrained or caged and
shall be removed by the person in charge of such animal or bird from the
Company's vessel or the Company's premises immediately on request by
a servant of the Company, and in default of compliance with such
request. may be removed by or under the direction of a servant of the
Company.

11. No person who in the opinion of any servant of the Company is
in such a state of intoxication, or under the influence of drugs or both, as
to render him unfit to travel on the Company's vessels shall enter upon
any pier or vessel belonging to the Company and it shall be lawful for
any servant of the Company to refuse to' allow any such person access
to any of the Company's piers or vessels by giving any of the aforesaid
reasons therefor.

12. No person shall wilfully damage or deface any of the
Company's property.

13. No person other than a member of Her Majesty's forces or a
police or revenue officer on duty shall enter any of the Company's piers
or travel on any of the Company's vessels with firearms.

14. No person shall take any part in unauthorized soliciting of
contributions or collection of money, or distribute any handbills or
advertising matter, upon any of the Company's premises or vessels. or
except as authorized by the Company.

15. No person shall bet or gamble at any time upon any of the
Company's premises or vessels.





16. All passengers shall at all times obey all reasonable and lawful
instructions of a servant of the Company acting in the course of his
duties.

17. No person shall interfere with any, mechanism or equipment on
the Company's premises or -vessels in any way or do anything liable to
cause damage to such mechanism. equipment. premises or vessels. or to
delay the Company 1 s operations. or to cause injury or discomfort to
any, person.

18. If any servant of the Company has reason to believe that any
person has committed or is committing a breach of these by-laws. he
shall be entitled to ask such person for his name and address. and any
such person shall then forthwith furnish to the servant of the Company
his true name and his true address.

19. Property found on any of the Company's vessels or premises
and not immediately claimed by the true owner thereof shall be handed
over to the servant of the Company who shall pass the same to the
Company's officers for safe custody until It is claimed by the true owner
thereof.

20. Notwithstanding any provisions herein contained to the
contrary, the Director of Engineering Development, the Director of
Marine and the Commissioner for Transport and any person so
authorized by any one of them may at all reasonable times have
access to and may enter upon any of the Company's piers. premises
or vessels in accordance with sections 38. 39 and 40 of the Ferry
Services Ordinance.

21. Any person who contravenes any of these by-laws commits an
offence and is liable on conviction to a fine of $2,000.
L.N. 198/84. Citation. Interpretation. Conduct of public. Conduct of persons. Luggage. Monthly and season tickets and in case where no ticket is issued. Forfeiture and cancellation of monthly or season tickets. Defaced, altered or mutilated tickets, and replacement of damaged tickets. Dress. Animals or birds. Intoxication. Damage. Firearms. Collections or gratuities. Betting and gambling. Obedience to lawful instructions. Interference with mechanism or equipment. Name and address. Lost property. Section 38, 39 and 40 of Ferry Services Ordinance. (Cap. 104.) Penalties.

Abstract

L.N. 198/84. Citation. Interpretation. Conduct of public. Conduct of persons. Luggage. Monthly and season tickets and in case where no ticket is issued. Forfeiture and cancellation of monthly or season tickets. Defaced, altered or mutilated tickets, and replacement of damaged tickets. Dress. Animals or birds. Intoxication. Damage. Firearms. Collections or gratuities. Betting and gambling. Obedience to lawful instructions. Interference with mechanism or equipment. Name and address. Lost property. Section 38, 39 and 40 of Ferry Services Ordinance. (Cap. 104.) Penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/2458

Edition

1964

Volume

v8

Subsequent Cap No.

104

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:07:21 +0800
<![CDATA[HONG KONG AND YAUMATI FERRY COMPANY BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2457

Title

HONG KONG AND YAUMATI FERRY COMPANY BY-LAWS

Description






HONG KONG AND YAUMATI FERRY COMPANY
BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... D2

2. Interpretation... ... ... ... ... ... ... ... ... ... ... ... ... ... D 2

3. Conduct of the public and provisions in respect of tickets, etc . ... ... ... ... D 2

4. Conduct of passengers ... ... ... ... ... ... ... ... ... ... ... ... ... D 3

5. Luggage ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 4

6. Monthly and season tickets ... ... ... ... ... ... ... ... ... ... ... ... D 4

7. Forfeiture and cancellation of monthly and season tickets ... ... ... ... ... D 4

8. Dress... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 5

9. Dogs or other animals ... ... ... ... ... ... ... ... ... ... ... ... ... D 5

10. Intoxication ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 5

11. Damage ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 5

12. Restriction on persons who may enter vessels or piers ... ... ... ... ... ... D 5

13. Vehicles ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 5

14. Duties of drivers of vehicles on ferry vessels ... ... ... ... ... ... ... ... D 5

15. Power of Company's servants to demand name and address ... ... ... ... ... D 6

16. Penalties... ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 6





HONG KONG AND YAUMATI FERRY COMPANY
BY-LAWS

(Cap. 104, sections 45 46(2))

[4 June 1965.]

1. These by-laws may be cited as the Hong Kong and Yaumati
Ferry Company By-laws.

2. In these by-laws-

'ferry vessel means a ferry vessel belonging to the Company.

3. (1) No person shall-

(a)trespass on any part of the Company's piers or other place
exclusively reserved for the Company's ferries or on any part of
the Company's premises;

(b)alight, or attempt to alight from, or enter, or attempt to enter,
any ferry vessel while in motion or alight, or attempt to alight
from, or enter, or attempt to enter, any ferry vessel except by
the proper entrances or exits, and no person shall open or
remove, or attempt to open or remove, or climb over, or attempt
to climb over, any barrier or gate erected on any of the
Company's piers;

(c)travel, or attempt to travel, or bring any vehicle, on board the
deck of any ferry vessel after being warned by any servant of
the Company that such deck contains its full complement of
passengers or vehicles;

(d)travel on a special ferry vessel, unless the same is advertised
as being for the public use, except by permission of the person
who hired or engaged such ferry vessel;

(e)embark on or disembark from any ferry vessel from or to any
sampans, boats or other craft if any other means of embarkation
or disembarkation is provided;

embark on or travel by any ferry vessel without having first
paid the proper fare;

(g)spit in or from or against any ferry vessel or any of the
Company's piers or premises; or

(h)wilfully obstruct any person acting under the authority of the
Company in the lawful discharge of his duties.

(2) All tickets issued in exchange for payment of the fare

(with the exception of monthly or season tickets) shall be handed

Note: These by-laws are deemed to have been made under section 45 of the Ferry
Services Ordinance, Chapter 104 see section 46(2) of that Ordinance.





unmutilated to the ticket collector on the pier for checking and must be
surrendered to the ticket collector on board the ferry vessel or at the
place of destination. In a class or classes for which no tickets are issued
in exchange for payment of the fare, each passenger must, before
embarking, pass through the appropriate turnstile situate on the
Company's piers.

4. No passenger shall-

(a)stand upon any seat, or place his feet on any scat, on a ferry
vessel or on any of the Company's piers;

(b) smoke in any part of a ferry vessel marked 'No Smoking-,-

(c)smoke or carry a lighted pipe, cigar or cigarette in or upon any
part of any ferry vessel in such a manner as to cause a
nuisance or inconvenience to other passengers;

(d)travel in a class superior to that for which his ticket is issued;

(e) except in cases of emergency-

(i) pass from one deck to another unless he is the driver or
passenger of a vehicle that is being carried on a ferry vessel in
which he is travelling; or

(ii) open any grill or door on any ferry vessel in order to
pass from one deck to another;

enter or attempt to enter the engine room, wheel-house or
bridge of any ferry vessel or any part of any ferry vessel
which is marked 'No Admittance';

(g)swear or use obscene or offensive language while in or upon
any ferry vessel or any of the Company's piers or premises, or
commit any nuisance in on from or against any ferry vessel or
any of the Company's piers or premises;

(h)stand upon or obstruct the approaches to the gangway or
other appliance of any ferry vessel or impede or hamper in any
way the movement of such gangway or appliance;

(i)gamble or attempt to gamble on any of the Company's piers or
on any ferry vessel;

(j)throw or attempt to throw any life buoy or any equipment on
or from any of the Company's piers or on or from any ferry
vessel except in cases of emergency;

(k)throw or attempt to throw any rubbish from any of the
Company's piers or from any ferry vessel;

(1)beg or attempt to beg on any of the Company's piers or on any
ferry vessel; or

(m)hawk or attempt to hawk, sell or attempt to sell any article or
service, distribute or attempt to distribute any pamphlet on
any of the Company's piers or on any ferry vessel unless
written authority has been obtained from the Company.





5. No person shall take in any ferry vessel as personal luggage
anything other than small handbaskets, bag or parcels of a form or
description not calculated to annoy or inconvenience other passengers.
The personal luggage taken by any one person shall not exceed in the
aggregate 28 pounds in weight or 1 cubic foot in measurement. All such
personal luggage shall be carried by hand and be under the personal
care and control of the person taking the same. The Company shall not
be responsible for its safe custody or any damage sustained by it. Such
personal luggage shall not occupy any part of the seats.

6. (1) Every monthly or season ticket shall bear in legible form the
name of the holder thereof and a recent photograph of the holder.

(2) Every monthly or season ticket holder shall for the purpose of
identification sign all monthly or season tickets purchased by him.

(3) No passenger shall use, or attempt to use, any season ticket
which is not issued in the passenger's own name or upon the face of
which the passenger's own name and photograph do not appear, and no
monthly ticket holder shall sell or transfer, or attempt to sell or transfer, a
monthly ticket of which he is the holder to any other person.

(4) Holders of monthly or season tickets shall not travel on any
special ferry vessels which are advertised as being for the public use
without paying the same fare and in the same manner as persons other
than monthly or season ticket holders.

(5) All monthly and season tickets shall be produced for inspection
by any of the Company's servants whenever the holder is entering upon
any of the Company's piers. and every monthly or season ticket holder
whenever travelling on any ferry vessel, or being on any of the
Company's piers, shall on demand by any servant of the Company
produce his monthly or season ticket for examination or in default shall
pay the same fare for the journey as that legally demandable from a
passenger who is not a monthly or season ticket holder.

7. (1) In the event of any monthly or season ticket holder
contravening any of these by-laws in connexion with such monthly or
season ticket, any servant of the Company shall be entitled, on being
satisfied that an offence has been committed, to retain such ticket.

(2) The Company shall be entitled, on being satisfied that an
offence has been committed against these be-laws, to forfeit such
monthly or season ticket and shall not be under any liability to make
any refund in respect thereof.





8. No person whose dress or clothing may in the opinion of
any servant of the Company soil or injure the seats or fittings of any
ferry vessel or of the Company's piers or the dress or clothing of any
other passenger, and no person who in the opinion of any servant of
the Company may for any other reason be offensive to passengers
shall enter upon any of the Company's piers or travel in any ferry
vessel, and it shall be lawful for the Company's servants to prevent
any such person from so doing.

9. No person shall take a dog or other animal in any ferry
vessel or on any of the Company's piers except on a lead and after
first having obtained the permission of a servant of the Company on
duty. Any dog or animal taken into or upon any ferry vessel or any
of the Company's piers shall be removed by the person in charge of
such dog or other animal from the ferry vessel or pier immediately
on request by any servant of the Company, and in default of
compliance with such request may be removed by or under the
direction of the Company's servants.

10. No person who in the opinion of any servant of the
Company is in such a state of intoxication as to render him or her
unfit to travel on any ferry vessel shall enter upon any pier belonging
to the Company or any ferry vessel, and any servant of the Com-
pany may refuse to allow any such person access to the Company's
piers or ferry vessels.

11. No person shall wilfully damage injure or deface any of the
Company's property.

12. No person except a passenger or an intending passenger,
or police or revenue officers in the active pursuance of their duty,
shall enter upon any ferry vessel or any of the Company's piers.
Nothing contained in this by-law shall be deemed to authorize any
police or revenue officer to enter upon any ferry vessel or upon any of
the Company's piers except upon duty and for the purpose of
performing some act in pursuance of that duty.

13. Every vehicle, before embarkation on any ferry vessel
provided for the transport of vehicles, shall pass over the weigh-
bridge (if provided) and through the enclosed car park.

14. Every driver of any vehicle which is transported or is
intended to be transported by any ferry vessel or is proceeding to or
from any ferry vessel shall-

(a)drive with due care and attention and with reasonable
consideration for other persons using the ferry or
approaching to or from the ferry;

(b)proceed at slow speed along any ramp and along the deck
of a ferry vessel;





(c)obey all lawful instructions which may be given to him by
any servant of the Company;

(d)if the vehicle is a motor vehicle, stop the engine thereof
as soon as the vehicle is on board and in position for
transport; and

(e)pay the proper fare for the carriage of the vehicle, its
freight (if any) and passengers.

15. If any servant of the Company has reason to believe that
any person has contravened or is contravening any of these by-laws,
he may ask such person for his name and address, and such person
shall then forthwith furnish to the servant of the Company his true
name and his true address.

16. Any person who contravenes any of these by-laws shall be
guilty of an offence and shall be liable on summary conviction to a
fine of $2,000.
L.N. 78/65. L.N. 171/67. Citation. Interpretation. Conduct of the public and provisions in respect of tickets, etc. Conduct of passengers. L.N. 171/67. L.N. 171/67. Luggage. Monthly and season tickets. L.N. 171/67. L.N. 171/67. Forfeiture and cancellation of monthly and season tickets. Dress. Dogs or other animals. Intoxication. Damage. Restriction on persons who may enter vessels or piers. Vehicles. L.N. 171/67. Duties of drivers of vehicles on ferry vessels. L.N. 171/67. Power of Company's servants to demand name and address. Penalties.

Abstract

L.N. 78/65. L.N. 171/67. Citation. Interpretation. Conduct of the public and provisions in respect of tickets, etc. Conduct of passengers. L.N. 171/67. L.N. 171/67. Luggage. Monthly and season tickets. L.N. 171/67. L.N. 171/67. Forfeiture and cancellation of monthly and season tickets. Dress. Dogs or other animals. Intoxication. Damage. Restriction on persons who may enter vessels or piers. Vehicles. L.N. 171/67. Duties of drivers of vehicles on ferry vessels. L.N. 171/67. Power of Company's servants to demand name and address. Penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/2457

Edition

1964

Volume

v8

Subsequent Cap No.

104

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:07:21 +0800
<![CDATA[FERRY SERVICES (THE 'STAR' FERRY COMPANY, LIMITED) (DETERMINATION OF FARES) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2456

Title

FERRY SERVICES (THE 'STAR' FERRY COMPANY, LIMITED) (DETERMINATION OF FARES) ORDER

Description






FERRY SERVICES (THE 'STAR' FERRY COMPANY, LIMITED)
(DETERMINATION OF FARES) ORDER

(Cap. 104, section 19(1))

[15 June 1982]

L.N. 208 of 1982. L.N. 57 of 1983, L.N. 25 of 1988, L.N. 259 of 1988, L.N. 340 of 1988, R. Ed.
1988, L.N. 219 of 1989.

1. Citation

This order may be cited as the Ferry Services (The 'Star' Ferry Company,
Limited) (Determination of Fares) Order.

2. Determination of fares

The maximum fares that the grantee shall charge for the route specified in the
first column of the Schedule shall, for the services specified in the second column of
the Schedule, be the amount specified in the third column of the Schedule.

3. Interpretation

In the Schedule means a person under 12
years of age.

(L.N. 259 of 1988)

SCHEDULE [para. 2]


First Column Second Column Third Column
Route Service Fare
1.Between Kowloon Point (a) 1st Class Pessenger $1
and Edinburgh Place (b) 1st Class bald Passenger (other than child 60
under 3 years accompanied)
(c) 1st Class Child Passenger under 3 years Nil
(accompanied)
(d) 2nd Class Passenger (other than child under 60
3 years ecompanied)
(e) 2nd Class Child Passenger under 3 years Nil
(accompanied)
(f) Monthly Ticket (valid for current calendar $50
month only)





Route Service Fare
2. Between Hung Hom and (a) 1 st Class Passenger $1
Edinburgh Place (b) 1 st Class Child Passenger (other than
child under 3 years accompanied)
(c) 1st Class Child Passenger under 3 years Nil
(accompanied)
(d) 2nd Class Passenger (other than child under $1
3 years accompanied)
(e) 2nd Class Child Passenger under 3 years Nil
(accompanied)
3. Between Kowloon Point (a) 1st Class Passenger $1
and Wanchai
(L.N. 340 of 1988) (b) 1st Class Child Passenger (other than child 50
under 3 years accompanied)

(c) 1st Class Child Passenger under 3 years Nil
(accompanied)

(d) 2nd Class Passenger (other than child under 1
3 years accompanied)

(e) 2nd Class Child Passenger under 3 years Nil
(accompanied)
(L.N. 259 of 1988; L.N. 219 of 1989)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2456

Edition

1964

Volume

v8

Subsequent Cap No.

104

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:07:20 +0800
<![CDATA[FERRY SERVICES (HONGKONG AND YAUMATI FERRY COMPANY, LIMITED) (DETERMINATION OF FARES) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2455

Title

FERRY SERVICES (HONGKONG AND YAUMATI FERRY COMPANY, LIMITED) (DETERMINATION OF FARES) ORDER

Description






FERRY SERVICES (HONGKONG AND YAUMATI FERRY
COMPANY, LIMITED) (DETERMINATION OF FARES) ORDER

(Cap. 104, section 19(1))


[15 June 1982]

LN. 207 of 1982, L.N. 293 of 1983, L.N. 60 of 1983, 75 of 1982, L.N. 314 of 1984, L.N. 410 of 1984,
L.N. 188 of 1985, L.N. 349 of 1985, L.N. 167 of 1986, L.N. 400 Of 1987, L.N. 258 of
1988, L.N. 339 of 1988, R. Ed. 1988, L.N. 76 of 1989, L.N. 348 of 1989.

1. Citation

This order may be cited as the Ferry Services (Hongkong and Yaumati

Ferry Company, Limited) (Determination of Fares) Order.

2. Determination of fares

The maximum fares that the grantee shall charge for the routes specified in

the Schedule shall, for the services specified in relation to those routes, be the
amount specified in the Schedule.

3. Interpretation

In the Schedule

'afternoon' means the period from 12 noon to midnight in any day; (L.N. 349 of 1985)

'articulated vehicle' and 'rigid vehicle' have the same meanings as they have in the
Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap.
374 sub. leg.); (L.N. 314 of 1984)

'bus', 'goods vehicle', 'light bus', 'motor cycle', 'permitted gross vehicle
weight', 'private car' and 'taxi' have the same meanings as they have in the
Road Traffic Ordinance (Cap. 374); (L.N. 314 of 1984)

'child' means a person under 12 years of age;

'handicapped' means a person who-

(a) has attained the age of 12 years;

(b) is entitled to receive from the Social Welfare Department of the
Government a disability allowance on the ground of that person's
severe physical or mental disablement as certified by the Director of
Health of the Department of Health or the Director of Hospital
Services of the Hospital Services Department of the Government; and
(L.N. 76 of 1989)





(c) is the holder of a valid handicapped person's travel card issued by
the Hongkong and Yaumati Ferry Company, Limited to that
person upon it being satisfied that he is a person referred to in
subparagraphs (a) and (b) (L.N. 188 of 1985)
'peak hours', in relation to the ferry service between Edinburgh Place and
Tsim Sha Tsui East, means-

(a) 7.00 a.m. to 10.00 a.m. from Monday to Saturday (other than a public
holiday and the whole of Sunday and any public holiday, for travel in
the direction of Tsim Sha Tsui East; and

(b) 4.30 p.m. to 5.50 p.m. from Monday to Friday (other than a public
holiday) and the whole of Sunday and any public holiday, for travel in
the direction of Edinburgh Place. (L.N. 339 of 1988)

SCHEDULE [para. 2]
I. Cross-harbour (a) Hoverferry $3.00
Services (Adult & child)
(b) Deluxe class $3.50
(Adult & child)
(c)Ordinary class:
Adult $2.20
Child or $1.00
handicapped person

(d)Ordinary class $90.00
passenger service
monthly ticket valid for
current calendar month
only)

(e) Freight including $8.00 per 60 kg or
general cargo, 0. 12 cubic metre
baggage, poultry,
pigs in crates,
fish in tubs and
other freight

II. New Town Services Hover
Ferry
Service Ordinary Class

Child
under
Adult 12 years
Child Adult of age






(a) CENTRAL
TSUEN WAN $6.00 $3.00 $1.80
(b) CENTRAL
TUEN MUN $11.00 $7.50 $3.80





III. Outlying District Services
Hover
Ferry
Service Deluxe Class Ordinary Class
Saturday


afternoon Weekday Z Weekday

Sunday except Sunday except

Public Saturday Saturday
Holiday afternoon afternoon
Freight
Child Child Child per
under under under 50 kg
Adult 12 12 12 or 0.10
Yews years years cubic

Child Adult of age Adult of age Adult of age metre

1 Services between Central and
Outlying Districts
(a) c&~

Sok Kwu WAN $11.00 $15.00 $9.00 $8.00 $8.00 $6.00 $3,00 55,00 $2.50 $3.00
(Direct and indirect
service)
-YUNG SHOE WAN $11.00 515.00 $9.00 $8.00 $8.00 $6.00 $3.00 $5.00 52.50 $3.00
(Direct and indirect
service)
(b) CE~
CHEUNG CHAU $11.00 $15.00 $9.00 $8.

and indirect $8.00 $4.00 $5,50 $2,90 54.50

service)
-Mulwo 511.00 $15.00$9.00 .00 SU0 $4,00 $5,50 $2.80 $4.00
(Direct and md~
se-ce)
-PENG CHAU $11.00 $15.00 $9.00 $8.00 58.00 $7.00 $3.50 $5,00 $150 $3,00

Separate adult's monthly tickets at $2 .00 each are available for the ordinary class passengers
of each of the above five routes

2. Inter-island services
(a) PENG CHAU
-Mui Wo $3,00 $130$3,00 $1.50 $1.30
-CH1 MA WAN $3.00 $130 $3,00 $1.50 $1.70
--C~ CHAU $3.00 $1.50$3.00 $1.50 $2,20
(b) Mui Wo
-CM MA WAN $3,00 $1,50$3,00 $1.50 $130
--~G CHAU $3.00 $1,50$3,00 $1,50 51,70
(C) Ofi MA WAN
-~G CHAU $3.00 $L5053,00 $1.50 $1.30
3. Tolo Harbour services
(a) MA Liu SHm
-S~ SZE IhUNG $6.00 $3,00 $3.00 $1.50 52.80
-S~ CHUNG 56.00 $3.00$100 $1,50 52.80
-LAI CHI CHONG $6A0 $3.00 $3.00 51.50 $2.80
-TAi TAN $10.00 $5.00$6.00 $3.00 $5.50
KENG $10.00 $5,00$6,00 $3.00 $5.50
-KAU LAU WAN $10A0 $5.00 56.00 $3.00 55.50
-TAP MUN $10,00 $5.0056,00 53.00 55.50
(b) 5~ S2E ~G






-SHAM ~G $6A0 $100 $3.00 $1.50 $2.90
-LAI CHI CHONG $6A0 $3,00 $3.00 $1.50 $2.90
-TAI TAN $10A0 $5,00$6.00 $3.00 $5.50

y
y

KENG $t0.00 S5A0 $6.00 $3,00 $5.50

-KAU LAU WAN $10,00 $5.00 $6.00 $3.00 $5.50
-TAP MUN $10,00 $5.00 56.00 $3.00 $5.50
(C) SHAM CHUNG
-LAi Cin CHONG $6A0 $3.00 $3.00 $1.50 52.80
-TAi TAN $10D0 $5.00 $6.00 $3.00 $5.50
KING $10.00 $5.00 $6A0 $3.00 $5.50
-KAu LAu WAN 510,00 $5,00 56.00 $3.00 55.50
-TAP MON $10,00 $5,00 $6.00 $3.00 55.50





Hover
Ferry
Service Deluxe Class Orduiary Class

Saturday Satiaday
Oernoon, ee,afternoon.Weekday
e.c~,

t

Sunday Sunday except
Public Saturday Public Sa-day
Holiday -fee- Holiday afternoon
fteight
Child ild Child Child per
wider r wider wider 50 kg
Adult 12 1 12 12 orOJO

years years years cubic
Child Adult ofage Adult o ag Adult ofage Adult ofage inetre
(d) LAi CHi CWoNG
-TAI TAN 56.00 $3,00 $3.00 $1.50 $2.80
~-C'imK KENG $6.00 $100$3.00 $1.50 $2.80
-KAu LAU WAN $6.00 $3.00$3.00 $1.50 $2.80

-TAP MUN $6.00 53.00 $3.00 $1.50 52.80

(e) TAi TAN

-CHEK KENG $6.00 $3.00 $3.00 $1.50 $2.80
-KAu LAU WAN $6.00 $3.00 $3.00 $1.50 $2.80
-TAPMUN $6.00 $3.00 $3.00 $1.50 $2.80

(f) CHEK KENG

-KAu LAU WAN $6 00 $3.00 $3.00 $1.50 $2.80
---TAPMUN $6.00 $3,00 $3.00 $1.50 $2.80

(g) KAu LAU WAN

---TAPMUN W00 $3.00 $3.00 $1,50 $2.80

IV. Vehicular Services (a) Private car or taxi $7.50 (inclusive of
passengers)
(b) Motor cycle $4.00 (inclusive of
passengers)
(c) Bus $13.00 (inclusive of
passengers)

(d) Goods vehicle not exceeding 5.31 tonnes $12.00 (inclusive of
permitted gross vehicle weight (or passengers and freight)
104.3 cwt. maximum laden weight)
(e) Goods vehicle exceedin 5.31 tonnes $18.00 (inclusive of
permitted gross vehicle weight (or passengers and freight)
104.3 cwt. maximum laden weight)
but not exceeding 12.73 tonnes
permitted gross vehicle weight (or
250 cwt. maximum laden weight)
(f) Goods vehicle (articulated vehicle or $24.00 (inclusive of
rigid vehicle) exceeding 12.73 tonnes passengers and freight)
permitted gross vehicle weight (or
250 cwt. maximum laden weight)
which does not ex d a length of 11
metres

(g) Articulated vehicle or rigid vehicle $100.00 (inclusive of
exceeding 11 metre in length passengers and freight)

(h) Additional charges:
Overhanging loads $16.00 for each
1.2 metres overhanging

Vehicle towing another vehicle Each vehicle will pay
the prescribed fare for
its particular category
Vehicle other an articulated The towing vehicle will
vehicles towin a trailer pay the fare prescribed
for its particular
category and the trailer
will pay $16.00
(L.N. 348 of 1989)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2455

Edition

1964

Volume

v8

Subsequent Cap No.

104

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:07:19 +0800
<![CDATA[FERRY SERVICES REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2454

Title

FERRY SERVICES REGULATIONS

Description






FERRY SERVICES REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. page

PART I

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... A 2

2. Interpretation ...................... ... ... ... ... ... ... ... ... A 2

PART 11

GENERAL

3. Display of services and fares ......... ... ... ... ... ... ... ... ... A 2

4. Maximum fares .......... .............. . ... ... ... ... ... ... A 2
5. Offensive cargo ....................... ... ... ... ... ... ... ... A 2

6. Notice of temporary suspension ........ ... ... ... ... ... ... ... A 3

7. Signs .................................... ... ... ... ... ... ... A 3

PART III

PROVISIONS RELATING TO LICENSED
SERVICES

8. Restriction on entering ferry vessel, etc . ... ... ... ... ... ... ... A 3

9. Access to be kept clear ......... ........... ... ... ... . ... ... A 3

10. Safety equipment ...................... ... ... ... ... ... ... ... A 3

11. Littering ................................ ... ... ... ... ... ... ... A 3
12. Noise .................................... ... ... ... ... ... ... A 3

13. Boarding full vessels ................. ... ... ... ... ... ... ... A4

14. No smoking in designated areas ........ ... ... ... ... ... ... ... A 4

15. Use of piers, etc . ...................... ... ... ... ... ... ... ... A 4
16. Personal baggage ...................... ... ... ... ... ... ... ... A 4

17. Restriction on animals on ferry vessels ... ... ... ... ... ... ... A 4

18. Standing on seats ..................... ... ... ... ... ... ... ... A 4
19. Alighting from ferry vessel, etc . A 4

20. Improper use of ferry pier ... ... ... ... ... ... ... ... ... ... A 4
21. Embarkation etc, from sampans, etc . ... ... ... ... ... ... ... ... ... A 5
22. Class of passage ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
23. Obstruction of authorized persons ... ... ... ... ... ... ... ... ... A 5
24. Intoxicated persons ... ... ... ... ... ... ... ... ... ... ... A 5
25. Tickets ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
26. Prohibition on swearing, etc. ... ... ... ... ... ... ... ... ... A 5
27. Prohibition on spitting ... ... ... ... ... ... ... ... ... ... ... ... A 6
28. Fee for licence ... ... ... ... ... ... ... ... ... ... ... ... A 6

PART IV







EVIDENCE AND OFFENCES

29. Name and address to be given in certain circumstances ... ... ... ... ... A 6
30. Offences and penalties ... ... ... ... ... ... ... ... . ... ... ... A 6





FERRY SERVICES REGULATIONS
(Cap. 104, section 44)
[15 June 1982.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Ferry Services
Regulations.

2. In these regulations, unless the context otherwise requires

,,cargo' includes goods, baggage of passengers, vehicles and cargo
carried in vehicles;

'Commissioner' means the Commissioner for Transport;

ferry point' means a place served by a ferry service at which a ferry
vessel is scheduled to stop to take on or let down passengers or
cargo.

PART 11

GENERAL

3. A grantee or a licensee shall cause to be displayed in a
conspicuous place, and in a manner approved by the Commissioner

(a)at or near each pier used by a franchised or licensed service;
and

(b)at such other places as may be specified by the Commissioner,

full details of ferry services provided by the grantee or licensee
including the fares payable on each service and a time table of the
services.

4. A grantee or licensee shall not demand from a person a fare or
charge for a ferry service which he is required to provide under his
franchise or licence in excess of the fare or charge fixed or otherwise
determined under the Ordinance, or the franchise or licence for that ferry
service.

5. Subject to the prior written consent of the Commissioner and to
any directions the Commissioner may give in relation thereto, a grantee
or licensee shall not carry on any ferry vessel any cargo the presence of
which might reasonably be expected to cause offence to any. passenger
on the ferry, vessel





6. (1) A grantee or licensee shall. having due regard to the
circumstances, give adequate notice to the public in the event of any
temporary suspension or proposed temporary suspension of a ferry
service or resumption of a suspended ferry service.

(2) The Commissioner may give directions to a grantee or licensee
as to what constitutes adequate notice for the purposes of paragraph
(1).

7. A grantee or licensee shall not erect or permit the erection of
signs or destination indicators on any approach to a pier or berth
without the consent of the Commissioner.

PART 111

PROVISIONS RELATING TO LICENSED SERVICES

8. No person shall, without lawful authority-

(a) enter upon any ferry vessel;

(b)enter upon any pier or other place reserved for a ferry service,

(e)enter upon any part of a ferry vessel which is marked with an
indication that admission is prohibited or restricted; or

(d)enter upon the bridge, wheelhouse or engine room of any ferry
vessel.

9. No person shall, without reasonable excuse, stand upon the
gangway or other accessway to or from any ferry vessel, or otherwise
impede access to or along the gangway or other accessway to the ferry
vessel.

10. No person shall throw or attempt to throw any lifebuoy or any
equipment on or from any ferry vessel or pier except in the case of an
emergency.

11. No person shall drop any rubbish on any ferry vessel or pier
otherwise than in a receptacle provided for that purpose.

12. (1) No person on a ferry vessel in use on a franchised or
licensed service shall

(a) behave in such a manner; or

(b) operate any radio, tape recorder or musical instrument,

so as to cause inconvenience to any passenger.

(2) The person in command of a ferry vessel in use on a franchised
or licensed service may, at any time during a journey by the ferry vessel,
require any person who has in his possession a radio, tape recorder or
musical instrument to stop using such radio, tape recorder or musical
instrument.





13. No person shall travel or attempt to travel in or bring or attempt
to bring any vehicle on board any ferry vessel in use on a licensed
service after being informed by a member of the staff of the licensee that
such ferry vessel contains the full complement of passengers or
vehicles.

14. No person shall smoke or carry any lighted pipe, cigar or
cigarette in any part of a ferry vessel in use on a licensed service which
is marked with the indication that smoking is probibited in that part of
the ferry vessel.

15. Except with the prior written consent of the Commissioner, a
licensee shall not use or permit any other person to use any pier or berth
for any purpose other than the operation of a licensed service.

16. (1) No person shall without the permission of the licensee take
or have on board a ferry vessel in use on a licensed service any
personal baggage other than baskets., bags or parcels carried by hand.

(2) A person shall not stow any personal baggage on a scat on a
ferry vessel in use on a licensed service.

(3) No person shall take on board a ferry vessel in use on a
licensed service any cargo that may reasonably be expected to cause
offence to any passenger on the ferry vessel.

17. No person shall take a dog, bird or other animal in or onto a
ferry vessel in use on a licensed service or pier or other place reserved
for embarkation of passengers using a licensed service unless

(a)the dog, bird or other animal is suitably restrained or caged.,
and

(b)the person desiring to take the dog, bird or other animal on
board the ferry vessel has first obtained the approval of a
member of the staff of the licensee.

18. No person shall stand, or place his feet, on any seat on a ferry
vessel or any pier used for or in connexion with a licensed service.

19. No person shall alight or attempt to alight from, or board or
attempt to board, any ferry vessel in use on a licensed service

(a) while the ferry vessel is underway; or

(b)by a means other than the entrance or exit provided therefor.

20. (1) No person shall without lawful authority open or remove or
attempt to open or remove, or climb over or attempt to climb over, any
gate or barrier erected on any pier or other place reserved for the
purposes of a licensed service.





(2) No person shall without lawful authority make fast any launch,
sampan, boat or other craft to. or use or embark or disembark passengers
at, any pier reserved for the purposes of a licensed service.

21. No person shall embark on or disembark from a ferry vessel in
use on a licensed service from or on to any sampan, boat or other craft
where any other means of embarkation or disembarkation is provided.

22. No person shall travel on a ferry vessel in use on a licensed
service in a class higher than that for which he has paid the fare.

23. No person shall wilfully obstruct any person acting under the
authority of a licensee in the discharge of his duties.

24. (1) A licensee may refuse access to a ferry vessel in use on a
licensed service by an intoxicated person notwithstanding that the
person has tendered the appropriate fare, gained admission to a pier or
other point of embarkation used for the purposes of a licensed service or
holds a ticket that would otherwise have permitted him to embark onto
the ferry vessel.

(2) The person in command of a ferry vessel in use on a licensed
service may, at any time during ajourney by the ferry vessel, require an
intoxicated person found on board the ferry vessel to disembark at a
ferry point on such licensed service as directed by the person in
command.

25. (1) A licensee may issue tickets including monthly, season and
punch tickets to cover one or more journeys on a licensed service.

(2) Every person to whom a ticket is issued in respect of a fare paid
for a journey by a ferry vessel in use on a licensed service (including
tickets issued under paragraph (1)) shall on demand produce the same to
any member of the staff of the licensee authorized to collect or inspect
tickets.

(3) A person shall surrender any ticket, other than a multiple
journey ticket, issued in respect of a fare paid for a journey by a ferry
vessel in use on a licensed service upon demand to any member of the
staff of the licensee authorized to collect tickets.

(4) A person shall surrender a multiple journey ticket issued in
respect of fares paid or a number of journeys by a ferry vessel in use on
a licnesed service to any member of the staff of the licensee authorized
to collect tickets upon demand made at any time during or after
completion of the last journey for which the ticket is issued.

26. No person shall swear or use obscene or offensive language
while in or upon any ferry vessel or pier in use on or reserved for a
licensed service.





27. No person shall spit in, on or from any ferry vessel or pier in
use on or reserved for a licensed service.

28. There shall be payable in respect of the issue of a licence a fee
of $50.

PART IV

EVIDENCE AND OFFENCES

29. (1) Where a person is suspected of having committed an
offence against the Ordinance or these regulations, he shall on demand
give his name, address and proof of identity to any member of the staff
of a grantee or a licensee who produces reasonable proof of his identity
to the alleged offender.

(2) In this regulation 'proof of identity' has the meaning assigned
to it by section 17B of the Immigration Ordinance.

30. Any person who contravenes any of. the provisions of
regulation 3, 4, 5, 6(1), 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23, 25(2), (3) and (4), 26, 27, or 29(1) commits an offence and is liable to a
fine of $2,000.
L.N. 206/82. Citation. Interpretation. Display of services and fares. Maximum fares. Offensive cargo. Notice of temporary suspension. Signs. Restriction on entering ferry vessel, etc. Access to be kept clear. Safety equipment. Littering. Noise. Boarding full vessels. No smoking in designated areas. Use of piers, etc. Personal baggage. Restriction on animals on ferry vessels. Standing on seats. Alighting from ferry vessel, etc. Improper use of ferry pier. Embarkation etc, from sampans, etc. Class of passage. Obstruction of authorized persons. Intoxicated persons. Tickets. Prohibition on swearing, etc. Prohibition on spitting. Fee for licence. Name and address to be given in certain circumstances. (Cap. 115.) Offences and penalties.

Abstract

L.N. 206/82. Citation. Interpretation. Display of services and fares. Maximum fares. Offensive cargo. Notice of temporary suspension. Signs. Restriction on entering ferry vessel, etc. Access to be kept clear. Safety equipment. Littering. Noise. Boarding full vessels. No smoking in designated areas. Use of piers, etc. Personal baggage. Restriction on animals on ferry vessels. Standing on seats. Alighting from ferry vessel, etc. Improper use of ferry pier. Embarkation etc, from sampans, etc. Class of passage. Obstruction of authorized persons. Intoxicated persons. Tickets. Prohibition on swearing, etc. Prohibition on spitting. Fee for licence. Name and address to be given in certain circumstances. (Cap. 115.) Offences and penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/2454

Edition

1964

Volume

v8

Subsequent Cap No.

104

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:07:19 +0800
<![CDATA[FERRY SERVICES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2453

Title

FERRY SERVICES ORDINANCE

Description






LAWS OF HONG KONG

FERRY SERVICES ORDINANCE

CHAPTER 104





CHAPTER 104

FERRY SERVICES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
2. Interpretation .1 . ... ... ... ... ... ... ... ... ... ... ... ... 3
3. Power of Governor to give directions to public officer ... ... ... ... ... ... 4

PART 11

CONTROL OF FERRY
SERVICES

4. Prohibition of operation of ferry service except under a franchise or licence 4

5. Exempted ferry services ..................... ... ... ... ... 4

PART Ill

FERRY SERVICE
FRANCHISES

6. Grant of franchises ......................... ... ... ... ... ... ... ... 5

7. Periods of franchise and extensions thereof ... ... ... ... ... ... ... 6

8. Restriction on transfer of franchise ........ ... ... ... ... ... ... 6

9. Directors of grantee companies .............. ... ... ... ... ... ... ... 6

10. Governor may appoint additional directors ... ... ... ... ... ... 6

11. Grantee not to alter memorandum or articles without Governor's approval ...

PART IV

OPERATION AND CONTROL OF FANCHISED
SERVICES

12. Grantee to maintain proper service ... ... ... ... ... ... ... ... 7

13. Alteration of services and provision of new services .1 . ... ... .. ... ... 7
14. Temporary alteration of services and provision of temporary new services ... ... 8
15. Commissioner may specify frequency of services and carrying capacity and types
of vessels ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
16. Conditions etc., with respect to directions ... ... ... ... ... ... ... 8
IT Application by grantee in respect of temporary alterations to services ... ... ... 9
Is. Suspension or alteration of franchised service in circumstances beyond the control
of a grantee ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
19. Fares on franchised services ... ... ... ... ... ... ... ... ... ... 10
20. Commissioner may specify piers and berths ... ... ... ... ... ... ... ... 11
21. Records ... ... ... ... ... ... ... ... ... ... ... ... ... . ... ... 11
22. Forward planning ... ... ... ... ... ... ... ... ... ... ... ... 12
23. Governor in Council may impose financial penalty ... ... ... ... ... 12

PART V







EMERGENCY AND
REVOCATION

24. Emergency or breakdown in franchised service ... ... 13
25. Revocation of authority to operate a franchised service or of franchise ... ... 14





Section Page

26. Temporary taking by Government of property where franchise has been revoked 15

27. Arbitration ................................ . ... ... ... ... ... 15

PART VI

FERRY SERVICE LICENCES

28. Grant of licence........................... ... ... ... ... ... ... ... ... 15
29. Period of grant............................ ... ... ... ... ... ... ... ... 16

30. Restriction on transfer of licence ......... ... ... ... ... ... ... ... 17
31. Licensee to maintain proper service ........ ... ... ... ... ... ... ... 17

32. Suspension or alteration of licensed service ... ... ... ... ... ... ... ... 17

33. Fares on licensed services................. ... ... ... ... ... ... ... ... is
34. Revocation of licence ..................... ... ... ... ... ... ... ... 18
35. Transitional provision .................... ... ... ... ... ... ... ... 18

36. Commissioner to report..................... ... ... ... ... ... ... 18

PART VII

MISCELLANEOUS

37. Profit Control Scheme ..................... ... ... ... ... ... ... ... 18

38. Inspection by Director of Engineering Development of premises ... ... ... ...
19

39. Inspection by, Director of Marine of ferry vessels ... ... ... ... ... ... ... 20

40. Commissioner may have access ............ . ... ... ... ... ... ... 20
41. Appeal by grantee or licensee ............. ... ... ... ... ... ... ... 20
42. Obstruction of public officers ............ ... ... ... ... ... ... ... 20

43. Publication of franchised and licensed services ... ... ... ... ... ... 20

44. Regulations ............................... ... ... ... ... ... ... ... 11

45. By-laws .......................... ... ... ... ... ... ... ... ... ... 21

46. Repeals and savings......................... ... ... ... ... ... ... ... 22





CHAPTER 104

FERRY SERVICES

To provide fop. the grantingand licences to operate
ferry v services, the regulation of the operation and maintenance
qf such services, and for matters incidental thereto and connec-
led therewith.

15 June 1982.

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Ferry, Services Ordinance.

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

-Commissioner- means the Commissioner for Transport.

ferry vessel- means any vessel used for a ferry service:

ferry service- means a service provided by means of a vessel. other
than a vessel exclusively propelled by oars. for the conveyance
by water of passengers. baggage. W for reward

g goods or vehicles, reward a
at separate fares between 2 or `more points within the waters of
Hong Kong. whether or not such points are varied from time to time
and whether or not the service is operated to a fixed timetable;

-franchise- means a franchise granted under section 6,

-franchise period- means the period fixed under section 7 for which a
franchise is granted and includes any period for which the
franchise is extended under that section.

-franchised service--- means a ferry service in respect of which there is
in force a franchise,

'grantee' means a company to which a franchise is granted.

c C_

-licence- means a licence granted under section 28.

'1icensed service' means a ferry service in respect of which there is in
force a licence..

'licensee' means a person to whom a licence is granted.

proper and efficient ferry service'-

(a)in relation to a grantee. has the meaning assigned to it by
section 12;

(b)in relation to a licensee, has the meaning assigned to it by
section 3 1;

-Victoria port' means the area of the waters of Hong Kong declared
under section 56 of the Shipping and Port Control Ordinance as
Victoria port.





(2) Where under this Ordinance the Governor in Council or
the Commissioner is empowered to grant a franchise or licence
to operate a ferry service between any 2 or more points, such
points may be fixed by reference to any pier, berth, frontage or
location.

3. (1) The Governor may give to a public officer 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 a particular case.

(2) A public officer 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

CONTROL OF FERRY SERVICES

4. (1) Subject to section 5, no person shall operate or permit
the operation of a vessel on a ferry service except under a franchise
or a licence.

(2) Subject to section 5, no person shall operate or manage or
assist in the management of a ferry service unless that service is
operated under a franchise or licence.

(3) Any person who contravenes subsection (1) or (2) commits
an offence and is liable to a fine of $100,000.

5. (1) This Part does not apply to a tour service, a cargo
service, an employees' service or a permitted service.

(2) In this section-

'cargo service' means a service for the carriage of cargo by lighters
or cargo boats;
,,employees' service- means a service provided by an employer solely
for the carriage of persons employed by him;
.'permitted service' means a service-

(a)permitted by the Director of Marine in writing for the
carriage of passengers between piers and moored ships,
or for the carriage of passengers for special purposes
designated by the Director of Marine; or

(b)for the carriage of passengers across Victoria port between
such hours as the Commissioner may by notice in the
Gazette approve and operated by a ferry vessel issued
with a Class 1 licence for the Victoria Harbour Area under
the Merchant Shipping (Launches and Ferry Vessels)
Regulations;





'tour service' means a service-

(a) for the carriage of passengers for reward at separate fares;

(b)whereby the passengers travel together on a vessel from one
or more places of embarkation on a journey that ends at the
place or places of embarkation or ends at a place from which
transport on land back to such place or places of embarkation
is provided as part of the service;

(c)whereby the passengers do not disembark during the journey,
or disembark solely for the purpose of activities arranged or
promoted as part of the service; and

(d)whereby all the passengers are carried for the greater part of
the journey.

(3) For the purposes of this Ordinance, a payment made by a
person entitling him to be carried as a passenger on a ferry vessel shall
be treated as a separate fare notwithstanding that it is made in
consideration of other matters in addition to the journey and
irrespective of the person by or to whom it is made.

PART 111

FERRY SERVICE FRANCHISES

6. (1) Subject to this Ordinance, the Governor in Council may grant
to any company within the meaning of the Companies Ordinance, or any
company to which Part IX or Part XI of the Companies Ordinance
applies, a franchise that confers the right to operate a ferry service
between such points as are specified by him.

(2) A franchise may confer on the grantee the exclusive right to
operate a franchised service.

(3) A franchise-

(a)may be granted following a public tender or in such other
manner as the Governor in Council thinks fit;

(b)shall be subject to such conditions as the Governor in Council
specifies, which may include, without limiting the generality of
the foregoing, conditions in respect of the management and
commercial development of piers, pier rental and the
maintenance of a proper and efficient ferry service generally;
and

(c)shall be subject to the provisions of this Ordinance as it may
from time to time be amended.

(4)Without prejudice to any other provision of this Ordinance, a
franchise may, with the written consent of the grantee, be amended by
the Governor in Council.





7. (1) A franchise may be granted for an initial period not exceeding
15 years, and in calculating a franchise period no account shall be taken
of any change made from time to time in the franchised services
operated under the franchise.

(2) The Governor in Council may, at the request in writing of a
grantee, if he is satisfied that the grantee is capable of maintaining a
proper and efficient ferry service and it is in the public interest to
continue the franchised service or services. extend the franchise for a
period or periods not exceeding 15 years beginning on the date on
which the extension is granted.

(3) A request under subsection (2) may be made-

(a)not more than once in each 5 year period during the franchise
period, the first of such periods to be treated as commencing
on the date of the granting of the franchise and subsequent
periods as commencing on the fifth anniversary of the date of
commencement of the prior period, and

(b)in any case not less than 2 years before the expiration of the
franchise period.

8. A grantee shall not transfer its franchise. or any part thereof.
without the approval of the Governor in Council.

9. It shall be a condition of the franchise that. unless the Governor
in Council otherwise permits. a majority, of the directors of a grantee
shall be Commonwealth citizens ordinarily resident in Hong

Kong and shall participate actively as directors in the
management of the grantee.

10. (1) The Governor may notwithstanding any provision of the
Companies Ordinance or any other law or of any document. appoint. for
such period as he may direct, not more than 2 persons to be additional
directors of a grantee. and. notwithstanding any such provision as
aforesaid, a person so appointed may not be removed from office as
additional director of a grantee except by the Governor.

(2) A person so appointed to be an additional director of a grantee
shall primarily represent the interests of the Government and for that
purpose shall be entitled to participate at meetings of the grantee and
the board of directors of the grantee, to have access to all material
concerning' the affairs of the grantee which is available to any other
director and require such information with respect to the grantee's affairs
as lie may specify to be furnished to him; and. without prejudice to the
foregoing but subject to subsection (3). any such person shall be
treated for all purposes as if he had been appointed at a general meeting
of the grantee as a director thereof.

(3) No fee or reward. financial or otherwise. shall be paid by a
grantee to a person appointed to be an additional director of the





grantee under this section in respect of the performance of his
functions as such additional director.

11. It shall be a condition of any franchise that the grantee
shall not permit any alteration to its memorandum or articles of
association without the approval of the Governor.

PART IV

OPERATION AND CONTROL OF FRANCHISED SERVICES

12. (1) A grantee shall, at all times during the franchise
period, maintain to the satisfaction of the Commissioner a proper
and efficient ferry service.

(2) Without prejudice to the generality of subsection (1). the
grantee shall not be treated for any of the purposes of this
Ordinance as maintaining a proper and efficient ferry service unless it
provides every service authorized by its franchise or under this
Ordinance and maintains and operates every such service in accord-
ance with its franchise, this Ordinance and any direction. specifica-
tion or requirement under its franchise or this Ordinance or under
any plan in force under section 22 relating to the future operations
of the grantee.

13. (1) Subject to this section. the Governor in Council may
be notice in writing to the grantee authorize it, before the expiration
of such period as may be specified in the notice, to-

(a)alter a franchised service in the manner specified in the
notice, whether by way of increasing or reducing the
number of points of call, or otherwise;

(b)operate a new ferry service under the franchise between
such points of call as may be specified in the notice.

(2) Where under subsection (1) the Governor in Council
authorizes a grantee to operate a new ferry service, he may confer on
the grantee the exclusive right to operate such service.

(3) The grantee shall operate a new ferry service or an altered
franchised service authorized under this section in accordance with
the authorization.

(4) The period referred to in subsection (1) shall be-

(a)in the case of a notice given under paragraph (a) thereof,
not less than 6 months; and
(b)in the case of a notice given under paragraph (b) thereof,
not less than 12 months.

(5) The Governor in Council shall not give an authorization
under subsection (1) unless the grantee agrees in writing to the
proposal.





(6) A grantee may apply in writing through the Commissioner
requesting the Governor in Council to alter a franchised service or to
operate a new ferry service under this section.

(7) An application under subsection (6) shall be made, unless the
Governor in Council otherwise directs, not less than 6 months before
the proposed alteration or new ferry service is to come into force.

(8) The Commissioner may with the consent of the Governor in
Council by agreement with a grantee permit the grantee to cease
operating a ferry service.

14. (1) The Commissioner may by notice in writing direct a grantee
to alter a franchised service temporarily.

(2) The Commissioner may by notice in writing direct a grantee to
operate a temporary new ferry service under the franchise.

(3) A direction given under this section shall not begin until the
expiration of a period specified by the Commissioner which the
Commissioner considers reasonable.

(4) A direction given under this section shall have effect for an
initial period as specified in the notice not exceeding 12 months from the
date from which the direction has effect and may, be extended by the
Commissioner for a further period or periods not exceeding I

months in aggregate.

(5) In this section 'to alter a franchised service- includes to vary
the number of points of call served by a franchised service.

15. (1) As regards any franchised service. the Commissioner may
direct the grantee by notice in writing as to the frequency at which the
franchised service shall be operated and the carrying capacity and type
of ferry vessel to be used from the fleet of vessels that the grantee has
available for use.

(2) A direction under this section shall not begin until the
expiration of a period of 3 months from the giving of the notice unless
the Commissioner and the grantee otherwise agree.

(3) As regards any franchised service for which a direction is given
under this section, the grantee may increase the frequency to a greater
frequency than that at which the franchised service is directed to be
operated under this section.

(4) Where a grantee increases the frequency of a franchised service
under subsection (3), the grantee shall, if the alteration continues for a
period in excess of 48 hours, notify the Commissioner of the increased
frequency in writing.

16. (1) The Commissioner shall not direct a grantee under section
14 or 15, unless he





(a)has consulted with the Director of Engineering Development
and the Director of Marine;

(b) has given reasonable notice of the direction to the grantee;

(e) has considered any submissions made by the grantee; and

(d) has had regard to-

(i) the projected demand over a reasonable period for ferry
services;

(ii) other transport services and facilities provided or to be
provided (whether by the grantee or otherwise);

(iii) the availability of piers and ferry vessels;

(iv) the financial implications for the grantee;

(v) any additional resources that may be required by the
grantee, and

(vi) any other factors that the Commissioner considers
relevant.

(2) If a grantee disagrees with a direction given by the
Commissioner the grantee may, within 14 days of the direction. or such
further period as the Commissioner may allow. object by notice in
writing served on the Commissioner.

(3) Subject to subsection (4), the Commissioner shall within 28
days of receiving of an objection under subsection (2) notify the
grantee whether he allows or rejects the objection or intends to refer the
matter to the Governor in Council.

(4) Where an objection under subsection (2) is based on the
ground of adverse financial implications the Commissioner shall not
reject the objection until he has referred the objection and his comments
on it to the Governor in Council for his determination.

(5) Where a grantee objects under this section, it shall provide full
details of its objection including copies of all documents, papers,
submissions and financial particulars upon which it relies in support of
its objection.

17. (1) A grantee may apply in writing to the Commissioner to
exercise his powers under section 14 or 15 in respect of a franchised
service operated by the grantee.

(2) Unless the Commissioner otherwise agrees, an application
under subsection (1) shall be delivered to the Commissioner not less
than 28 days prior to the date upon which the grantee desires to
introduce the alteration or commence operating the new ferry service set
out in its application.

18. (1) Whenever a grantee suspends or alters otherwise than in
accordance with section 15(3) a franchised service for a period of more
than 48 hours, or it appears likely that a suspension or alteration will last
for more than 48 hours, the grantee shall notify the Commissioner as
soon as practicable after it becomes aware that the suspension or
alteration is likely to last for more than 48 hours.





(2) The Commissioner may direct a grantee to supply within a
reasonable time such information as the Commissioner thinks fit relating
to the cause of any suspension or alteration referred to in subsection (1)
and the steps taken or proposed to be taken by the grantee in relation
thereto.

(3) Whenever a grantee suspends or alters a service for less than
48 hours, the Commissioner may direct the grantee to supply within a
reasonable time such information as the Commissioner thinks fit relating
to the suspension or alteration.

(4) Where a grantee suspends or alters a franchised service for
more than 48 hours otherwise than in accordance with section 15(3) the
Commissioner may--

(a)direct the grantee to make application for a variation of the
franchised service;

(b) direct the grantee to resume the franchised service; or

(c) take such other action under this Part as he sees fit.

(5) Where a grantee suspends or alters a franchised service by
reason of circumstances beyond its control, such suspension or
alteration shall not be taken as a breach of its franchise or a failure to
maintain a proper and efficient service if the grantee complies with the
requirements of this section and all the requirements and directions of
the Commissioner in relation to the suspension or alteration.

19. (1) The Governor in Council may by order determine-

(a)the maximum fares that may be charged for the carriage of
passengers, baggage. goods and vehicles on any franchised
service and may determine such fares in relation to classes of
passengers. times of operation of the franchised services. and
standards of ferry vessel accommodation, and

(b)the maximum rate of increase that may be permitted by the
Commissioner under subsection (3) within the schedule of
maximum fares determined under paragraph (a).

(2) Where the Commissioner directs a grantee under section 14 to
alter a franchised service temporarily by operating over a different
journey distance, or to operate a temporary new ferry service under the
franchise, the Commissioner shall determine the maximum fares which
may be charged for the carriage of passengers, baggage., goods and
vehicles on such service and such fares shall be calculated having
regard to the appropriate maximum fares determined under subsection
(1)(a) and the classes of passengers and standards of ferry vessel
accommodation.

(3) Where the Commissioner is satisfied that circumstances require
a franchised service to be operated

(a)where a direction is given under section 15. at a frequency
greater than that specified in that direction.





(b)during a period or on a day other than that specified in a
direction under section 15; or

(c)with a ferry vessel of a carrying capacity or type other than
that specified in a direction under section 15.

he may by notice in writing permit the grantee to charge an increased
fare for the carriage of passengers. bag-age, goods and vehicles on
such service during the operation of such service, and such increased
fare shall be calculated having regard to the appropriate maximum fares
determined under subsection (1)(a), and such additional amount as the
Commissioner may think fit not exceeding the maximum rate of increase
determined under subsection (1)(b).

(4) A grantee may apply in writing to the Governor in Council
through the Commissioner for a revision of the maximum fares applicable
in relation to a ferry service.

(5) If a grantee applies under subsection (4) for a revision of the
maximum fares applicable in relation to a ferry service and provides full
details including all documents. papers. submissions and financial
particulars upon which it bases its application for revision, the
Commissioner shall submit the application to the Governor in Council for
determination as soon as is practicable after receiving such details and
in any event not more than 6 months after receiving such details.

(6) A grantee shall not charge
(a)a fare exceeding the maximum fare determined under
subsection (1)(a) or (2) or permitted under subsection (3); or

(b)except with the prior permission of the Commissioner, a fare
other than that determined or permitted under this section.

20. (1) As regards any franchised service the Commissioner may,
from time to time, after consultation with the Director of
Marine, the Director of Engineering Department and the grantee,
by notice in writing specify the piers or berths to be used by the
grantee for the purposes of such franchised service.

(2) Subject to this Ordinance, the grantee shall not use a pier or
berth other than a pier or berth specified under this section for the
purposes of any franchised service.

21. (1) In respect of any franchise, the Commissioner may by notice
in writing direct the grantee to keep. in such form as the Commissioner
may reasonably require, records in respect of all or any of the following
matters

(a)the number and capacity of the ferry vessels in use on each
franchised service each day;

(b)the number of journeys operated by each ferry vessel on a
franchised service each day;





(c)the number and classification of passengers and vehicles
carried on each ferry journey on each franchised service each
day,

(d)the number and classification of passengers and vehicles
carried on each franchised service each day;

(e) the daily receipts in respect of each franchised service;

the number and specifications of ferry vessels used or kept by
the grantee for the purposes of or in connexion with its
franchise, and the number and specifications of ferry vessels
under construction or which have been ordered for the
purposes of the franchise;

(g)the maintenance of ferry vessels, piers and any other facilities
employed by a grantee in connexion with the franchise.

(2) A grantee shall furnish to the Commissioner, at such times and
in such form as he may reasonably direct, copies of any records which it
is directed to keep pursuant to any notice under subsection (1

(3) The Financial Secretary or any person authorized in writing by
him may inspect, at any reasonable time, any records and accounts kept
by the grantee in connexion with its franchise and make and take away
copies of any such records or accounts.

22. (1) A grantee and the Commissioner shall not later than 30
November in each year reach agreement as far as they are able on a plan
relating to the operations of the grantee for the next 5 years.

(2) In the event that the grantee and the Commissioner fail to reach
agreement on any point in a plan, the Commissioner shall forward the
details of the point in disagreement. including the grantee's submissions
in relation thereto, to the Secretary for Transport who shall decide on
the point having regard to the submissions of the grantee and the
Commissioner and such decisions of the Secretary for Transport shall be
incorporated in the plan.

(3) In the exercise of any power under this Ordinance, the
Governor in Council and the Commissioner shall have regard to any plan
in force under this section.

(4) Where a grantee fails to comply with a plan in force under this
section by reason of circumstances beyond its control, such failure shall
not be taken as a breach of its franchise or a failure to maintain a proper
and efficient service.

23. (1) The Governor in Council may by notice in writing impose on
a grantee a financial penalty specified in the notice for any failure by the
grantee to comply with its franchise or this Ordinance or any direction or
requirement under its franchise or this Ordinance or any provision of
any plan in force under section 22 where the Governor in Council is
satisfied that the grantee has had reasonable





opportunity of complying with its franchise, this Ordinance. the
direction or the requirement, as the case may be. and an opportunity of
showing cause why the penalty should not be imposed.

(2) A financial penalty imposed under this section shall not exceed

(a) in respect of any one or more failures-

(i) $10,000 in the case of a first imposition of such penalty;

(ii) $20,000 in the case of a second imposition of such
penalty;

(iii) $50,000 in the case of a third or subsequent imposition
of such penalty; and

(b)in respect of any failure which is of a continuing nature
$10,000 for each day on which the failure continues.

(3) A financial penalty imposed under this section shall be
recoverable by the Government as a civil debt.

(4) Where the Governor in Council is considering the imposition of
a penalty on a grantee under this section and a penalty has previously
been imposed on the grantee under this section, the Governor in
Council shall not consider any failures of the grantee which were
considered for the imposition of the penalty on the previous occasion
unless the grantee has failed to pay that previous penalty or to rectify
any, default that gave rise to such failure.

PART V

EMERGENCY AND REVOCATION

24. (1) If the Governor in Council considers-

(a)that an emergency exists or is likely to come into existence; or

(b)after consultation between the grantee and the Commissioner,
that there is or is likely to be a substantial breakdown for any
reason in the operation of a franchised service,

he may suspend the franchise either altogether or in respect of any such
franchised service operated thereunder as he may specify, and such
suspension shall have effect until the Governor in Council terminates
the suspension or declares that the circumstances that gave rise to the
suspension no longer exist.

(2) Where under subsection (1) a franchise is suspended altogether
or in respect of any franchised service, the Government may take
possession of any property of the grantee used or kept by it for the
purposes of or in connexion with its franchise and the Government or its
nominee may use such property in the operation of such ferry service as
the Commissioner thinks fit.





(3) A grantee shall be entitled to compensation for the use or
loss of or damage to any of its property of which possession has been
taken under subsection (2) and, except where a franchise is revoked
under section 25, for any loss or damage sustained in consequence of
any suspension of its franchise or of any franchised service under
subsection (1).

25. (1) If it appears to the Governor in Council that without
good cause a grantee has failed, or is likely to fail, to maintain a
proper and efficient ferry service, either generally or in respect of any
franchised service the Governor in Council may direct the Commis-
sioner to serve on the grantee a notice in writing requiring the
grantee to show cause in writing, within 28 days after the service of
the notice-

(a)why its authority to operate any franchised service set out
in the notice should not be revoked; or

(b) why its franchise should not be revoked altogether.

(2) Any notice served under subsection (1) shall specify the
ground for revoking the franchise or any authority thereunder and
may relate to and include any franchised service whether the grantee
has failed to maintain a proper and efficient ferry service in relation
to that service or not.

(3) If, after the service of a notice under subsection (1)(a)-

(a)the grantee does not show cause why its authority to
operate the franchised services set out therein should not
be revoked; or

(b)the Governor in Council. having considered any repre-
sentations made by the grantee, is of the opinion that the
grantee has not shown cause why such authority should
not be revoked,

the Governor in Council may, with effect from such date as he may
specify, revoke the right of the grantee to operate all or any of the
franchised services set out in the notice.

(4) If, after the service of a notice under subsection (1)(b)-

(a)the grantee does not show cause why the franchise should
not be revoked altogether; or

(b)the Governor in Council, having considered any representa-
tions made by the grantee, is of the opinion that the
grantee has not shown cause why the franchise should
not be revoked altogether,

the Governor in Council may, with effect from such date as he may
specify, revoke the franchise.

(5) Notice of any revocation under this section shall be served
on the grantee and, as soon as practicable thereafter, published in
the Gazette.





(6) A grantee shall not be entitled to compensation in respect of
the revocation of a right or franchise under this section.

26. (1) where a franchise is revoked under section 25 the
Government may take possession of any property used or kept by a
grantee for the purposes of or in connexion with the operation of any
ferry service under the franchise so revoked and such property may be
used by the Government, or its nominee. in the operation of such ferry
service as the Commissioner thinks fit.

(2) Any property of which possession is taken under subsection
(1) may be retained by the Government for such initial period, not
exceeding 2 years, as the Governor in Council may direct and such
period may be extended by resolution of the Legislative Council for
further successive periods not exceeding 6 months each.

(3) At any time during or upon the expiration of the period.
including any extension thereof, referred to in subsection (2), any
property of which possession is taken under subsection (1) may be
returned to the grantee of the revoked franchise or otherwise disposed
of in such manner and upon such terms as the Governor in Council
thinks fit and where any property is disposed of otherwise than by
return the owner shall be entitled to compensation to the extent that the
property is not replaced or otherwise compensated for.

(4) Where possession is taken under subsection (1) of any
property. the owner shall be entitled to compensation for the use or loss
of or damage to such property.

(5) In calculating the amount of compensation payable under
subsection (4), the amount of any compensation payable under section
24(3) shall be deducted from such amount.

(6) In this section 'property used or kept by a grantee for the
purposes of or in connexion with the operation of any ferry Service'
includes property so used or kept which is also used or kept for any
other purposes.

27. (1) If the Government and an owner are unable to agree as to the
amount of compensation payable under this Part, either party may refer
the matter to arbitration under the Arbitration Ordinance.

(2) In determining the amount of compensation payable an
arbitrator shall have regard to any matter he considers relevant, subject
to this Ordinance and to the value of any asset taken over in the
operation of a ferry service.

PART VI

FERRY SERVICE LICENCES

28. (1) Subject to this Ordinance, the Commissioner may if he thinks
fit grant to any person a licence to operate a ferry service between such
points as are specified in the licence.





(2) A licence-

(a) may be granted in such form as the Commissioner thinks fit;

(b)shall be subject to such conditions as the Commissioner may
specify; and

(c)may, after consultation with the licensee, be amended by the
Commissioner.

(3) The Commissioner may, after consultation with a licensee and
having regard to the financial circumstances of the licensee, specify by
notice in writing served by post on the licensee the minimum frequency
of a licensed service.

(4) The Commissioner shall, before granting a licence under
subsection (1), consult with the Director of Marine and the Director
of Engineering Development with respect to the proposed grant and
the proposed conditions of such licence.

(5) The Commissioner may require an applicant for a licence to
supply such information in such manner as the Commissioner may
reasonably require in order to decide whether or not to grant a licence to
the applicant.

(6) Where 2 or more persons apply, or it appears to the
Commissioner that 2 or more persons are likely to apply, separately for a
licence to operate substantially the same ferry service between the same
points, the Commissioner shall. without prejudice to this section, make
arrangements for such applications to be made by way of public tender
in such manner and within such period as he may determine; but the
Commissioner shall not be bound to grant any application so made, and
any application relating to such ferry service which is made otherwise
than in accordance with such arrangements while they are in force shall
not be considered.

(7) Any person whose application for a licence is not granted by
the Commissioner may appeal in writing-

(a)against the decision of the Commissioner, within 28 days of
the date of such decision, to the Secretary for Transport who
may confirm or set aside such decision after considering any
written representations submitted to him by the appellant and
the Commissioner in respect of that decision; and

(b)if he is aggrieved by the decision of the Secretary for
Transport, to the Governor in Council within 28 days of the
date of that decision, and the decision of the Governor in
Council on any such appeal shall be final.

29. (1) A licence may be granted for any period not exceeding 3
years.

(2) The Commissioner may, at the request of the licensee, during
any period while the licence is in force, extend the period of the licence
for a further period or periods not exceeding 3 years at any one time. so
that the period for which the licence was granted





together with all extensions thereof shall not in any case exceed in
the aggregate a period of 10 years.

30 A licensee shall not transfer his licence without the
approval of the Commissioner.

31. (1) A licensee shall, at all times during the licence period,
maintain to the satisfaction of the Commissioner a proper and
efficient ferry service.

(2) Without prejudice to the generally of subsection (1), the
licensee shall not be treated for any of the purposes of this Ordi-
nance as maintaining a proper and efficient ferry service unless he
maintains the service and operates the same in accordance with the
licence, this Ordinance and any direction. specification or require-
ment under the licence or this Ordinance.

32. (1) Whenever a licensee suspends or alters a licensed
service so that it is suspended or altered for---

(a)more than 48 hours in the case of a daily or more frequent
service, or

(b)two or more successive occasions occurring during a
period of not less than 5 days in any other case,

the licensee shall give notice in writing to the Commissioner as soon
as practicable after the licensee becomes aware that the suspension
or alteration is likely so to continue or occur for such a period.

(2) The Commissioner may require a licensee to supply, within
a reasonable time, such information as the Commissioner thinks fit
relating to the cause of any suspension or alteration referred to in
subsection (1) and the steps taken or proposed to be taken by the
licensee in relation thereto.

(3) Whenever a licensee suspends or alters a licensed service
and is not required to give notice to the Commissioner under
subsection (1), the Commissioner may require a licensee to supply,
within a reasonable time, such information as the Commissioner
thinks fit relating to the suspension or alteration.

(4) As regards any suspension of or alteration to any licensed
service, the Commissioner may-

(a)authorize the suspension or alteration of such service on
such terms and conditions as he sees fit; or

(b)direct the licensee to resume any service so altered or
suspended.

(5) Where a licensee suspends or alters a licensed service by
reason of circumstances beyond his control, such suspension or
alteration shall not be taken as a breach of his licence if he complies
with all the requirements of this section and all the requirements and
directions of the Commissioner in relation to the suspension or
alteration.





33. (1) The Commissioner may by notice in the Gazette determine
the maximum fares that may be charged for the carriage of passengers,
baggage, goods and vehicles on any licensed service.

(2) A licensee shall not charge a fare exceeding the maximum fare
determined under subsection (1).

(3) Nothing in this section shall prevent a licensee from charging a
fare lower than the maximum fare determined under subsection (1).

34. (1) If it appears to the Commissioner that without good cause a
licensee has failed, or is likely to fail, to maintain a proper and efficient
ferry service the Commissioner may serve on the licensee a notice
requiring the licensee to show cause in writing, within 14 days after the
service of the notice, why his licence should not be revoked, and any
such notice shall specify the ground for revoking such licence.

(2) If, after the service of a notice under subsection (1)-

(a)the licensee does not show cause why the licence should not
be revoked; or

(b)the Commissioner, having considered any representations
made by the licensee, is of the opinion that the licensee has
not shown cause why the licence should not be revoked.

the Commissioner may by notice in writing served on the licensee
revoke the licence, with effect from such date as he may specify in such
notice.

35. Any person who at the commencement of this Ordinance. is
licensed to maintain a ferry under the repealed Ferries Ordinance shall be
deemed to be licensed to operate a ferry service under this Ordinance
until the date on which the licence under the Ferries Ordinance would, if
this Ordinance had not been enacted, have expired by virtue of
regulation 4 of the Ferries Regulations made under that Ordinance.

36. The Commissioner shall, not later than 31 March in each year,
report to the Governor in Council on all actions taken by him under this
Part during the preceding year.

PART VII

MISCELLANEOUS

37. (1) The Financial Secretary and the grantee may, with the
approval of the Governor in Council, enter into an agreement to control
the level and distribution of profits arising from the operations of the
grantee under the franchise, any agreement entered into in pursuance of
this Ordinance and any other operations of the

grantee specified in the agreement.





(2) An agreement entered into under subsection (1) may specify
circumstances under which the right to control the level and distribution
of profits may be exercised.

(3) The operations of the grantee which may be specified in an
agreement entered into under this section may include any operation of
the grantee and shall not be limited to operations conducted under or in
pursuance of this Ordinance or the franchise.

(4) The terms of any agreement entered into under this section shall
be reviewed every 3 years by the Financial Secretary and the grantee.

(5) Any amendment agreed to by the Financial Secretary and the
grantee shall be subject to the approval of the Governor in Council.

(6) The Financial Secretary may at any reasonable lime. inspect any
record or account kept by the grantee in connexion with its franchise or
any operations specified in an agreement entered into tinder this section
and the Financial Secretary may make and take away copies of any such
record or account.

(7) The grantee shall supply upon the written request of the
Financial Secretary any relevant financial information regarding the
operations under the franchise.



38. (1) The Director of Engineering Development or any person authorized by him, may-

(a) at all reasonable times inspect-

(i) any premises used by a grantee or licensee in connexion
with a franchise or licence and all facilities provided by a
grantee or licensee for the safe operation. maintenance and
repair of all buildings, structures, piers and electrical and
mechanical plant and equipment so used;

(ii) any pier wholly or partly maintained by a grantee or
licensee in connexion with a franchise or licence;

(b)require a grantee or licensee to carry out in respect of all such
piers or such of those piers as he may specify, any inspection
or survey, repair, provision of equipment, maintenance or other
works, within such reasonable time as he may specify.,

(c)require an independent inspection or survey of any such plant,
equipment or pier at such periodical intervals as he may
reasonably specify, by a qualified person approved by him.

(2) A grantee or licensee shall afford such facilities for carrying
out of any inspections referred to in subsection (1) as may be
required by the Director of Engineering Development.

(3) The cost of any inspection, independent inspection or survey,
repair, equipment, maintenance or other works required





under subsection (1)(b) or (c) shall be borne by the grantee or licensee.

(4) This section shall be construed so that the powers granted
by it to the Director of Engineering Development are in addition to
and do not derogate from any other power howsoever granted to or
vested in the Director of Engineering Development.

39. (1) The Director of Marine or any person authorized by him,
may

(a)at all reasonable times inspect any ferry vessel and any
premises or pier used by a grantee in connexion with its
franchise; and

(b)require a grantee to carry out in respect of all such ferry
vessels or such of those vessels as he may specify, any repair,
provision of equipment, maintenance or other works, within
such reasonable time as he may specify.

(2) A grantee shall afford such facilities for the carrying out of any
inspections referred to in subsection (1)(a) as may be required by the
Director of Marine.

(3) This section shall be construed so that the powers granted by it
to the Director of Marine are in addition to and do not derogate from
any other power howsoever granted to or vested in the Director of
Marine.

40. The Commissioner or any person authorized in writing by him
may at all reasonable times have access to and may enter upon any pier
or ferry vessel used in connexion with any ferry service.

41. (1) A grantee or licensee aggrieved by any decision, direction or
requirement of the Secretary for the Transport, the Commissioner. the
Director of Engineering Development or the Director of Marine or any
person authorized by any one of them, under this Ordinance or the
franchise or licence may, within 28 days of the giving or making of the
decision, direction or requirement. appeal by petition to the Governor in
Council, and the decision of the Governor in Council on any such appeal
shall be final.

(2) Where a grantee or licensee appeals under subsection (1), the
decision, direction or requirement, as the case may be, shall not have
effect until the appeal has been determined, unless the Governor in
Council otherwise directs.

42. Any person who obstructs a public officer in the carrying out of
his duties or the exercise of his powers under this Ordinance commits an
offence and is liable to a fine of 55,000 and to imprisonment for 6
months.

43. The Commissioner shall from time to time, as he thinks
necessary, cause to be published in the Gazette a list of all franchised
services and licensed services.





44. (1) The Governor in Council may make regulations for all or any
of the following matters

(a)the provision of adequate signs and destination indicators at
piers used by ferry vessels;

(b)regulating the conduct of persons while employed by a
grantee or a licensee;

(c)regulating the carriage of passengers, baggage, goods and
vehicles on ferry vessels,

(d)the method of payment of fares by passengers and for vehicles
carried on, such vessels;

(e) regulating the use of piers used by ferry vessels,

(f) the safe and efficient operation of ferry services;

(g)the control and marshalling of passengers and of vehicular
traffic on or about any ferry vessel, pier or adjacent roadway;

(h)the fees, rent, pier rent or premium to be paid in respect of any
licence;

(i)the publication by grantees and licensees of adequate
information in relation to schedules of services and fares:

regulating the use of defined areas of ferry vessels, piers and
adjacent or ancillary buildings by restricting or permitting
such activities therein as may be prescribed,

(k)permitting prescribed persons to seek prescribed information
relating to the identity of persons reasonably suspected of
contravening the Ordinance.

(1) generally for the purposes of this Ordinance.

(2) Any such regulations may provide that a contravention of
specified provisions thereof shall be an offence and may provide
penalties therefor not exceeding 6 months imprisonment and a fine of
$5,000.

45. (1) Subject to this Ordinance and to the terms of its franchise, a
grantee may make by-laws for all or any of the following matters

(a)the protection of property owned or controlled by the grantee;

(b)the prevention of frauds by passengers or members of the
public on the grantee;

(c)the safe and efficient operation of the grantee's ferry, service;

(d)the procedure to be followed in respect of accidents involving
ferry vessels;





(e)generally as to the conduct of persons while using piers and
the grantee's ferry vessels and in particular (but without
prejudice to the generality of the foregoing) for

(i) authorizing the removal from such a ferry vessel or pier
of any person contravening the by-laws by an employee of
the grantee or at the request of an employee by a police
officer;

(ii) requiring any person on a ferry vessel or pier
reasonably suspected of contravening the by-laws to give his
name and address on demand.,

(iii) requiring a passenger to declare, if so requested, the
journey he intends to take or has taken on the ferry vessel
and to pay the fare for the whole of that journey and to accept
any ticket provided therefor;

(M requiring, on demand being made for the purpose by a
person authorized by the grantee. production during the
journey and surrender at the end of the Journey by a
passenger of any ticket issued to him.

(v) requiring a passenger, if so requested. to leave the ferry
vessel on the completion of the journey for which he has
paid;

(vi) requiring the surrender by a passenger on the
expiration of the period for which it is issued of a ticket issued
to him.

(2) By-laws made under subsection 1 shall be subject to the
approval of the Legislative Council.

(3) Any such by-laws may provide that a contravention of specified
provisions thereof shall be an offence and may provide penalties
therefor not exceeding a fine of 52.000.

(4) A grantee shall cause printed copies of all by-laws made under
this section to be kept at its registered office and to be sold at a
reasonable charge to any person applying therefor.

46. (1) [Spent]

(2) For the avoidance of doubt. it is hereby declared that
notwithstanding the repeal of the Hong Kong and Yaumati Ferry
Company (Services) Ordinance and the ---Star-Ferry Company,
(Services) Ordinance, the Hong Kong and Yaumati Ferry Company By-
laws and the 'Star- Ferry Company. Limited, By-laws shall. save in so far
as they are inconsistent with any of the provisions of this Ordinance,
continue in operation until they are replaced by by-laws made under
section 45 which are expressed to be in substitution for such by-laws.
(Amended, L.N. 345182)
Originally 30 of 1982. L.N. 345/82. Short title. Interpretation. (Cap. 313.) Power of Governor to give directions to public officer. Prohibition of operation of ferry service except under a franchise or licence. Exempted ferry services. (Cap. 281, sub. leg.) Grant of franchises. (Cap. 32.) Periods of franchise and extensions thereof. Restriction on transfer of franchise. Directors of grantee companies. Governor may appoint additional directors. (Cap. 32.) Grantee not to alter memorandum or articles without Governor's approval. Grantee to maintain proper service. Alteration of services and provision of new services. Temporary alteration of services and provision of temporary new services. Commissioner may specify frequency of services and carrying capacity and types of vessels. Conditions etc., with respect to directions. Application by grantee in respect of temporary alterations to services. Suspension or alteration of franchised service in circumstances beyond the control of a grantee. Fares on franchised services. Commissioner may specify piers and berths. Records. Forward planning. Governor in Council may impose financial penalty. Emergency or breakdown in franchised service. Revocation of authority to operate a franchised service or of franchise. Temporary taking by Government of property where franchise has been revoked. Arbitration. (Cap. 341.) Grant of licence. Period of grant. Restriction on transfer of licence. Licensee to maintain proper service. Suspension or alteration of licensed service. Fares on licensed services. Revocation of licence. Transitional provision. (Cap. 104, 1977 Ed.) (Cap. 104, 1977 Ed.) (Cap. 104, sub. leg. A. 1964 Ed.) Commissioner to report. Profit Control Scheme. Inspection by Director of Engineering Development of premises. Inspection by Director of Marine of ferry vessels. Commissioner may have access. Appeal by grantee or licensee. Obstruction of public officers. Publication of franchised and licensed services. Regulations. By-laws. Repeals and savings. (Cap. 266, 1979 Ed.) (Cap. 274, 1977 Ed.)

Abstract

Originally 30 of 1982. L.N. 345/82. Short title. Interpretation. (Cap. 313.) Power of Governor to give directions to public officer. Prohibition of operation of ferry service except under a franchise or licence. Exempted ferry services. (Cap. 281, sub. leg.) Grant of franchises. (Cap. 32.) Periods of franchise and extensions thereof. Restriction on transfer of franchise. Directors of grantee companies. Governor may appoint additional directors. (Cap. 32.) Grantee not to alter memorandum or articles without Governor's approval. Grantee to maintain proper service. Alteration of services and provision of new services. Temporary alteration of services and provision of temporary new services. Commissioner may specify frequency of services and carrying capacity and types of vessels. Conditions etc., with respect to directions. Application by grantee in respect of temporary alterations to services. Suspension or alteration of franchised service in circumstances beyond the control of a grantee. Fares on franchised services. Commissioner may specify piers and berths. Records. Forward planning. Governor in Council may impose financial penalty. Emergency or breakdown in franchised service. Revocation of authority to operate a franchised service or of franchise. Temporary taking by Government of property where franchise has been revoked. Arbitration. (Cap. 341.) Grant of licence. Period of grant. Restriction on transfer of licence. Licensee to maintain proper service. Suspension or alteration of licensed service. Fares on licensed services. Revocation of licence. Transitional provision. (Cap. 104, 1977 Ed.) (Cap. 104, 1977 Ed.) (Cap. 104, sub. leg. A. 1964 Ed.) Commissioner to report. Profit Control Scheme. Inspection by Director of Engineering Development of premises. Inspection by Director of Marine of ferry vessels. Commissioner may have access. Appeal by grantee or licensee. Obstruction of public officers. Publication of franchised and licensed services. Regulations. By-laws. Repeals and savings. (Cap. 266, 1979 Ed.) (Cap. 274, 1977 Ed.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2453

Edition

1964

Volume

v8

Subsequent Cap No.

104

Number of Pages

23
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<![CDATA[ELECTRICITY SUPPLY (SPECIAL AREAS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2452

Title

ELECTRICITY SUPPLY (SPECIAL AREAS) REGULATIONS

Description






ELECTRICITY SUPPLY (SPECIAL AREAS) REGULATIONS

(Cap. 103, section 3A)

[30th July, 1976.]

1. These regulations may be cited as the Electricity Supply (Special
Areas) Regulations.

2. In these regulations, unless the context otherwise requires
'company' means any person or any body of persons corporate or
unincorporate by whom electricity is supplied to a special area;

'company's installation' means any of a company's plant, equipment,
apparatus, fittings or appliances used for the purposes of
generating, transmitting, distributing or supplying electricity to a
special area;

'consumer' means a person who has registered with a company for the
supply of electricity by the company within a special area;

'consumer's installation' means any consumer's wires and fixed
electrical equipment and apparatus connected to the consumer's
wires;

'consumer's wires' means any electric lines which are connected to the
service lines of a company at the company's meter terminals;

'special area' means a special area designated under section 3A of the
Ordinance.

3. These regulations shall apply to and in respect of special areas.

4. (1) A company shall be responsible for ensuring that the
company's installation is maintained in a safe condition and in all
respects fit for supplying electricity.

(2) Any company which contravenes this regulation shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$2,000 and, in the case of a continuing offence, to a further
penalty of $100 for each day during which the offence continues.

5. (1) A consumer shall be responsible for ensuring that the
consumer's installation belonging to him or used by him or under his
control is maintained in a safe condition and in all respects fit for
supplying electricity.

(2) Any person who contravenes this regulation shall be guilty of
an offence and shall be liable on summary conviction to imprisonment
for 3 months and a fine of $2,000 and, in the case of a continuing
offence, to a further penalty of $100 for each day during which the
offence continues.





6. (1) In delivering a supply of electricity to a company's
meter terminals, the company shall exercise all due precautions so
as to avoid risk of causing fire within the special area.

(2) Any company which contravenes this regulation shall be
guilty of an offence and shall be liable on summary conviction to a
fine of $2,000.

7. (1) When taking a supply of electricity from a company's
meter terminals, the consumer shall exercise all due precautions so
as to avoid risk of causing fire within the special area.

(2) Any person who contravenes this regulation shall be guilty
of an offence and shall be liable on summary conviction to imprison-
ment for 3 months and a fine of $2,000.

8. (1) At the time of installation by a company, line con-
ductors shall, as far as is practicable in the circumstances, be rendered
inaccessible from any building or other place without the use of a
ladder or other special appliance.

(2) Where it is not practicable in the circumstances for a com-
pany to render line conductors inaccessible as provided for in
paragraph (1), the company shall insulate such line conductors.

(3) Any company which contravenes this regulation shall be
guilty of an offence and shall be liable on summary conviction to a
fine of $2,000.

9. (1) Subject to paragraph (2), every consumer shall insert
a suitable safety fuse, or other automatic circuit-breaker of adequate
rupturing capacity, contained within a suitable receptacle of fire
resistant construction-
(a)in the consumer's wires in his premises as near to the point
of entry as is practicable; and
(b)where the company's meters are not attached to the con-
sumer's premises, in his consumer's wires at the company's
meter terminals.

(2) Notwithstanding paragraph (1), no fuse shall be inserted in
the neutral conductor of any alternating current system supplying
electricity to a consumer's premises.

(3) Any person who contravenes this regulation shall be guilty
of an offence and shall be liable on summary conviction to imprison-
ment for 3 months and a fine of $2,000.

10. (1) A company shall not commence to supply electricity
to a consumer's wires until it has inspected the consumer's installa-
tion and is satisfied that these regulations have been complied with
and that the connection of supply would not cause an undue leakage
or a danger of shock or fire.





(2) If during an inspection under paragraph (1) any part of a
consumer's installation is found to be defective or otherwise in breach
of these regulations, the company shall serve upon the consumer a
notice requiring him to remedy such defect or breach, as the case may
be, within such reasonable time as the company shall specify in the
notice.

(3) If a consumer fails to comply with a notice served under
paragraph (2) the company shall decline to supply electricity to the
premises concemed and shall not connect the supply until the defect
or breach has been remedied and any reasonable charge for retesting
has been paid to it by the consumer.

(4) A notice under paragraph (2) shall be sufficiently served if
sent by post to the consumer's premises or left at such premises.

(5) Any company which contravenes paragraph (1) or (3) shall
be guilty of an offence and shall be liable on summary conviction to a
fine of $2,000.

11. Any person who, without having first obtained approval
from the company, connects or authorizes or permits the connection
of any consumer's installation to the company's mains, or makes or
authorizes or permits the making of any addition or extension to any
consumer's installation which has not been approved by the company
shall be guilty of an offence and shall be liable on summary convic-
tion to imprisonment for 3 months and a fine of $2,000 and, in the
case of a continuing offence, to a further penalty of $100 for each
day during which the offence continues.

12. Any person, other than an employee of the company, who
interferes with a company's seals at the company's meter terminals
shall be guilty of an offence and shall be liable on summary convic-
tion to imprison-ment for 3 months and a fine of $2,000.

13. The Electricity Supply Regulations, with the exception of
regulations 13(4) and 25 to 34, shall apply to and in respect of special
areas.
L.N. 181/76. Citation. Interpretation. Application. Responsibility of company for company's installation. Responsibility of consumer for consumer's installation. Fire risks and company's responsibility. Fire risks and consumer's responsibility. Inaccessibility of line conductors. Main fuses or circuit-breakers. Initial inspection of consumer's installation before supply commences. Penalty for unauthorized consumer's connections and additions. Penalty for interference with company's seals. Application of Electricity Supply Regulations. (Cap. 103, sub. leg.)

Abstract

L.N. 181/76. Citation. Interpretation. Application. Responsibility of company for company's installation. Responsibility of consumer for consumer's installation. Fire risks and company's responsibility. Fire risks and consumer's responsibility. Inaccessibility of line conductors. Main fuses or circuit-breakers. Initial inspection of consumer's installation before supply commences. Penalty for unauthorized consumer's connections and additions. Penalty for interference with company's seals. Application of Electricity Supply Regulations. (Cap. 103, sub. leg.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2452

Edition

1964

Volume

v8

Subsequent Cap No.

103

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:07:17 +0800
<![CDATA[ELECTRICITY SUPPLY REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2451

Title

ELECTRICITY SUPPLY REGULATIONS

Description






ELECTRICITY SUPPLY REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Interpretation ........................... ... ... ... ... ... ... ... A 3

2. Pressure of supply to consumers .......... ... ... ... ... ... ... ... A 4

3. Introduction of three-wire system into consumer's premises ... ... ... ... A 5

4. Minimum size of conductors ............... ... ... ... ... ... ... ... A 5

5. Insulation test of low pressure and medium pressure mains ... ... ... A 6

6. Testing of insulation of all parts of high pressure circuit ... ... ... A 6

7. Maintenance of insulation ................ ... ... ... ... ... ... ... A 6

8. Circuit-breaker for high pressure mains. etc. ... ... ... ... ... ... A 6

9. Transformers .......................... ... ... ... ... ... ... ... ... A 6

10.Connexion of transformers with earth...... ... ... ... ... ... ... ... A 6

11.Protection from lightning ... ... ... ... ... ... ... ... ... ... A 7

12 Report of accidents to Director of Electrical and Mechanical Services ... A 7

13.Material of line conductors ... ... ... ... ... ... ... ... ... ... A 7

14.Other overhead lines .... ... ... ... ... ... ... ... ... ... ... A 11

15.Construction of receptacles for electric lines ... ... ... ... ... ... A 12

16.Crossing pipes, etc. ... ... ... ... ... ... ... ... ... ... ... A 12

17.Electric continuity of metal conduits, etc., of high pressure line ... ... A 12

18.Precautions to be taken when bare conductors are used ... ... ... ... A 12

19.High pressure lines laid above ground or in subways ... ... ... ... ... A 12

20.Protection for surface of ground and electric lines ... ... ... ... ... A 12

21.Completion and control of high pressure lines ... ... ... ... ... ... A 13

22.Sub-stations ................... ... ... ... ... ... ... ... ... A 13

23.Street boxes ................... ... ... ... ... ... ... ... ... A 13

24.Maximum power in case of underground sub-station. etc . ... ... ... ... A 13

25.Responsibility of company for lines, etc., on consumer's premises ... ... A 14

26. Fire risks ................... ... ... ... ... ... ... ... ... .... A 14

27. Main fuses or circuit-breakers A 14

28.Treatment of service lines and apparatus on consumer's premises ... .. .. A 14

29.Transformers and high pressure apparatus to be inclosed in metal, etc. .. A 14

30.Connexion to consumer's premises not to be made where undue leakage would
result ... ... ... ... ... ... ... ... ... ... ... ... . . .............. A 14

31. Discontinuance of supply on discovery of leakage on consumer's premises ... A 14

32. Appeal to Director of Electrical and Mechanical Services ... ... ... ... ... A 16

33. Penalty for making addition to electrical installation ... ... ... ... ... ...A 16

34. Penalty on consumer for addition to electrical installation ... ... ... ... . A 16

35. Height from ground ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 16

36. Arc lamps to be guarded ... ... ... ... ... ... ... ... ... ... ... ... ... A 16

37. Connexion with earth of a three-wire system ... ... ... ... ... ... ... ... A 16





Regulation
Page
38. Connexion of other circuits with earth ... ... ... ... ... ... ... ... ... A
17
39. Special regulations as to extra high pressure ... ... ... ... ... ... ... ... A 17
40. Penalties for default ... ... ... ... ... ... ... ... ... ... ... ... ... A 19
41. Specific exemptions ... ... ... ... ... ... ... ... ... ... ... ... A 19
42. Exemption by Governor in Council ... ...
... ... ... ... ... ... ... A 20
43. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 20





ELECTRICITY SUPPLY REGULATIONS

(Cap. 103, section 3)

19 May 1911.1

DEFINITIONS

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

'consumer's wires' means any electric lines which are connected to the
service lines of the company at the company's meter terminals;

'Overhead line' means any electric line which is placed above ground
and in the open air;

'pressure' means the difference of electrical potential between any 2
conductors through which a supply of energy is given, or between
any part of either conductor and the earth.. and

(a)where the conditions of the supply are such that the pressure
at any pair of consumer's terminals does not exceed 250 volts,
the supply shall be deemed a low pressure supply;

(b)where the conditions of the supply are such that the pressure
exceeds 250 volts but does not exceed 650 volts, the supply
shall be deemed a medium pressure supply;

(c)where the conditions of the supply are such that the pressure
exceeds 650 volts but does not exceed 3,000 volts, the supply
shall be deemed a high pressure supply; and

(d)where the conditions of the supply are such that the pressure
exceeds 3,000 volts, the supply shall be deemed an extra high
pressure supply;

'sub-station' means any premises in which energy is transformed or
converted for the purpose of supply to consumers, and which are
large enough to admit the entrance of a person after the
transforming or converting apparatus is in position:

Provided that for the purpose of these regulations any place
within any such premises which is used solely for some purpose
other than such transformation or conversion shall not be deemed
to form part of a sub-station.

(2) Where these regulations require any metallic body to be
'efficiently connected with earth', it shall be connected with the
general mass of earth in such manner as will ensure at all times an
immediate and safe discharge of electrical energy.





GENERAL

2. The pressure of a supply delivered to any consumer shall not
exceed the limit of low pressure except for special purposes, for which a
medium pressure supply may be given on the consumer undertaking to
comply with the following conditions

(a) where the supply is for power purposes

(i) the frame of every electric motor shall be efficiently
connected with earth;

(ii) the consumer's wires forming the connexions to motors,
or otherwise in connexion with the supply, shall be, as far as
practicable, completely inclosed in strong metal easing
efficiently connected with earth, or they shall be fixed in such
a manner that there shall be no danger of any shock;

(iii) the supply to every motor shall be controlled by means
of an efficient cut-off switch, placed in such a position as to
be easily handled by the person in charge of the motor, and
connected so that by its means all pressure can be cut off
from the motor itself and from any regulating switch,
resistance or other device in connexion therewith;

(iv) switches, efficient fuses or other automatic
circuitbreakers shall be provided, so as to protect the circuits
from excess of current, and all switches and cut-outs shall be
so inclosed and protected that there shall be no danger of any
shock being obtained in the ordinary handling thereof, or of
any fire being caused by their normal or abnormal action;

(v) a notice shall be fixed in a conspicuous position at
every motor and switch board in connexion with the supply
forbiding unauthorized persons to touch the motors or
apparatus;

(b) where the supply is for arc lamps in series

(i) the consumer's wires forming the connexions to the arc
lamps, or otherwise a connexion with the supply, shall be, as
far as practicable, completely inclosed in strong metal casing
efficiently connected with earth, or they shall be fixed in such
a manner that there shall be no danger of any shock;

(ii) the supply to every arc lamp shall be controlled by
means of an efficient cut-off switch, placed in such a position
as to be easily handled by the person in charge of the arc
lighting, and connected so that by its means all pressure can
be cut off from the arc lamp itself and from any regulating
switch, resistance or other device in connexion therewith:

Provided that where the arc lamps are connected in
series across the outer conductors of a three-wire system, it
shall be sufficient if 1 such switch be provided for each series
of arc lamps;





(iii) switches, efficient fuses or other automatic cut-outs
shall be provided, so as to protect the circuits from excess
of current, and all switches and cut-outs shall be so
inclosed and protected that there shall be no danger of any
shock being obtained in the ordinary handling thereof, or
of any fire being caused by their normal or abnormal
action;

(c)where the supply is for incandescent lamps in series, unless
the Director of Electrical and Mechanical Services other-
wise allows-
(i) the consumer's wires forming the connexions to the
incandescent lamps, or otherwise in connexion with the
supply, shall be completely inclosed in strong metal casing
and this casing together with the switches and lamp
holders, if metallic, shall be efficiently connected with
earth;
(ii) switches, efficient fuses or other automatic cut-
outs shall be provided, so as to protect the circuits from
excess of current, and all switches and cut-outs shall
be so inclosed and protected that there shall be no
danger of any shock being obtained in the ordinary
handling thereof, or of any fire being caused by their
normal action;

(d)where the supply is for any special purpose other than
those above mentioned, or where the pressure of the supply
exceeds the limits of medium pressure, it shall be subject to
such other regulations as the Governor in Council may
prescribe.

3. When the pressure between the outer conductors of a
three-wire system exceeds 250 volts and the 3 wires of the system or
2 pairs of wires are brought into a consumer's premises, the supply
shall be given to 2 pairs of terminals arranged in such a manner that
there shall be no danger of any shock, and the wiring from those
terminals shall be kept distinct.

4. (1) The sectional area of the conductor in any electric
line other than low tension laid or erected in any street after
2 December 1921, shall not be less than that of a strand of 7 wires,
each of which is of No. 22 standard wire gauge, and the sectional
area of every wire in a strand forming any such conductor shall not
be less than that gauge, and where such stranded conductor is
erected it shall be suspended from a suitable bearer wire or shall be
protected by a suitable cradle fixed underneath. In the case of low
tension conductors in any electric line the sectional area shall not
be less than that of a single wire of No. 16 standard wire gauge
efficiently insulated.

(2) This regulation shall not apply in the case of an electric line
placed in a lamp post.





5. Every low pressure and medium pressure main, after
having been placed in position and before it is used for the purposes
of supply, shall withstand a pressure equal to the maximum pressure
to which it is intended to be subjected in use, and in any case at least
200 volts, and further, before being used as aforesaid it shall be
tested for insulation, and the company shall duly record the results
of the tests of each main or section of a main.

6. A high pressure circuit shall not be brought into use unless
the insulation of every part thereof has withstood the continuous
application, during 1 hour, in the case of every electric line, of a
pressure equal to the full working pressure to which it is intended to
be subjected in use, and in the case of every machine, device or
apparatus, of a pressure equal to the full working pressure to which
it is intended to be subjected. The company shall duly record the
results of each test.

7. There shall be maintained by the company at each station
or sub-station as may be necessary a leakage indicator of approved
pattern and so arranged that the leakage on each main feeder can be
readily ascertained at any time and a weekly test recorded. If at any
time the leakage is in the opinion of the Director of Electrical and
Mechanical Services excessive, he shall require the company to
remedy the same and it shall forthwith be remedied:

Provided that where any part of any electric circuit is connected
with earth, either in accordance with these regulations or with the
approval of the Director of Electrical and Mechanical Services, the
provisions of this regulation shall not apply to that part of that
circuit so long as the connexion with earth exists.

8. Every high pressure main, conductor or other apparatus
shall be protected by a suitable fuse or automatic circuit-breaker:

Provided that it shall not be incumbent upon the company to
provide such a fuse or circuit-breaker for the outer conductor of a
concentric main which is. in accordance with these regulations or
with the approval of the Director of Electrical and Mechanical
Services, efficiently connected with earth.

9. In every case where a high pressure supply is transformed
for the purpose of supply to 1 or more consumers. some suitable
automatic and quick-acting means shall be provided to protect the
consumer's wires from any accidental contact with or leakage from
the high pressure circuit, either within or without the transforming
apparatus.

10. The metallic portion of every high pressure transformer.
with the exception of the conductors thereof, shall be efficiently
connected with earth except in respect of transformers supported on
poles at such a height as to be inaccessible except by the use of a
ladder or other special appliance:





Provided that in such cases such poles shall be efficiently
connected with earth.

11. Where any portion of any electric line or any support for any
electric line is exposed in such a position as to be liable to cause injury
from lightning, it shall be efficiently protected against such liability.

12. Where any accident by explosion or fire, or any other
accident of such kind as to have caused or to be likely to have caused loss of
life or personal injury has occurred at any part of any electric line or
work, the company shall give immediate notice thereof to the
Director of Electrical and Mechanical Services.

PART 1

GENERAL

13. (1) Line conductors shall be copper, aluminium or such other
materials as may be approved by the Director of Electrical and
Mechanical Services.

(2) All line conductors at the time of erection shall comply, as
regards elongation, breaking load and elasticity. with the specification
of the British Engineering Standards Association then in force.

(3) The minimum permissible size for copper and other line
conductors (other than service lines) shall be such as to have an actual
breaking load of not less than 1.237 lb.. the equivalent minimum cross-
sectional area and weight per mile for copper being
as follows-
Conductor Cross-sectional Weight per
area mile
sq. in. lb.

No. 8 S.W.G. ........0.0201 409

The minimum permissible size of service line shall be such as to
have an actual breaking load of not less than 816 lb., the equivalent
minimum cross-sectional area and weight per mile for copper being

as follows-
Conductor Cross-sectional Weight per
area mile
sq. in. lb.
No. 10 S.W.G. ...........0.0129 262

(4) Line conductors shall be rendered inaccessible to any person
from any building or other place without the use of a ladder or other
special appliance. Regard shall be had to the normal use by the occupier
of any premises or land and where necessary (a) the height of the line
conductors shall be increased to provide sufficient clearance for safety
in accordance with such use, and (b) provision as prescribed in
paragraph (14) or (17) shall be made to prevent danger.





(5) Where a line conductor crosses over or under or is in proximity
to any other overhead wire, precautions shall be taken by the company
to prevent contact, due to breakage or otherwise, between the line
conductor and the other overhead wire, or between the other wire and
the line conductor:

Provided that this paragraph shall not be deemed to require the
company to take precautions against contact between a broken line
conductor and other auxiliary conductors and earth wires carried on the
same support and forming part of the same overhead line.

(6) Line conductors shall be attached to suitable insulators carried
on supports of iron, steel, reinforced concrete or wood. Special
precautions shall be taken to prevent the corrosion of all metal work at
or below the surface of the ground.

(7) The supports, in conjunction with stays or struts if provided,
shall withstand the longitudinal, transverse and vertical loads due to the
wind pressure hereinafter specified without damage and without
movement in the ground. In no case shall the strength of a support in
the direction of the overhead line be less than one-quarter the required
strength in a direction transverse to the line.

The following factors of safety shall apply to each support

Material Factor of
safety

Iron or steel ......................... 3
Reinforced concrete ................... 4
Wood .................................. 3

These factors of safety shall be calculated on the assumption that
all line conductors, cables and wires carried by the supports are at a
temperature of 70'F., and that together with the supports they are
subjected to a wind pressure of 40 ]b. per square foot.

(8) Service lines shall be connected to line conductors at a point of
support only and shall be fixed to insulators on consumers' premises.
Every part of a service line (other than a neutral conductor connected
with earth) which is accessible from a building with the use of a ladder
or other special appliance shall be efficiently protected either by
insulating material or by other means approved by the Director of
Electrical and Mechanical Services.

(9) Where line conductors forming parts of systems at different
voltages are erected on the same poles or supports adequate provision
shall be made to guard against danger to linesmen and from the lower
voltage system being charged above its normal voltage by leakage from
or contact with the higher voltage system; and the type of construction
shall be subject to the prior approval of the Director of Electrical and
Mechanical Services.

(10) Every overhead line, including its supports and structural parts,
and electrical appliances and devices belonging to or connected
therewith, shall be regularly inspected and efficiently maintained.





(11) All materials used shall at the time of erection conform to the
specifications for the time being in force of the British Engineering
Standards Association and the Post Office (London) for the
construction of aerial lines, so far as the same are applicable and are not
inconsistent with this regulation.

PART 11

SPECIFIC

(Applicable according to the voltage between line conductors where no part of the system is
connected with earth, or according to the voltage to earth where part of the system is connected
with earth.)

A-For voltages not exceeding 650 volts direct current
and 325 volts alternating current

(12) The factor of safety of line conductors shall be 2. The factor of
safety shall be based on the breaking load and shall be calculated on
the assumption that the line conductors are at a temperature of 70~F.
and that they are subjected to a wind pressure of 40 lb. per square foot.

(13) The height from the ground of any line conductor (other than a
service line), earth wire or auxiliary conductor at any point of the span at
a temperature of 160~'F. shall not, except with the consent of the
Director of Electrical and Mechanical Services, be less than 19 feet
across a public road or 17 feet in other positions. A height of 15 feet
may be adopted in situations inaccessible to vehicular traffic.

Where a service line is carried across or along a carriage-way, the
height of the line from ,he ground at any part of the carriageway shall
not, except with the consent of the Director of Electrical and Mechanical
Services, be less than 19 feet and 17 feet respectively.

(14) Where the voltage to earth exceeds 250 volts direct current or
125 volts alternating current, precaution should be taken to prevent
danger,

(1) from a broken line conductor by the provision of-

(a)a neutral or earthed conductor carried continuously from pole
to pole, and so arranged in relation to the other conductors
that in the event of breakage of any one of them the line
conductor shall make contact with the earthed wire; or

(b)other means approved by the Director of Electrical and
Mechanical Services;

(11) from leakage by the provision-

(a) in cases where metal poles are used, of-

(i) an earthed wire, running from pole to pole and
connected to the poles; or





(ii) a suitable metal framework to support the insulators
carrying the line conductors, the framework being insulated
from the pole but connected to the neutral conductor; or

(iii) other means approved by the Director of Electrical and
Mechanical Services;

(b) in cases where wooden poles are used, of

(i) a bonding wire connected to the supporting metal work
of all insulators, the bonding wire terminating at the lowest
part of the supporting metal work; or

(ii) other means approved by the Director of Electrical and
Mechanical Services.

All stay wires other than those which are connected with earth by
means of a continuous earth wire shall be insulated to prevent danger
from leakage. For this purpose an insulator shall be placed in each stay
wire at a height of not less than 10 feet from the ground.

B-For voltages exceeding 650 volts direct current
and 325 volts alternating current

(15) The factor of safety of line conductors shall be 2. The factor of
safety shall be based on the breaking load and shall be calculated on
the assumption that the line conductors are at a temperature of 70'F. and
that they are subjected to a wind pressure of 40 lb. per square foot.

(16) The height from the ground of any line conductor at any point
on the span at a temperature of 160-F. shall not, except with the consent
of the Director of Electrical and Mechanical Services, be less than the
height hereunder stated

Voltages not exceeding 66,000 volts ......20 feet
Voltages exceeding 66,000 volts and not exceeding
110,000 volts ............................21 feet
Voltages exceeding 110,000 volts and not exceeding
165,000 volts ............................22 feet
Voltages exceeding 165,000 volts..........23 feet

The height from the ground of an earth wire or auxiliary conductor
shall not be less than the minimum heights prescribed in paragraph (13)
above.

(17) Adequate means shall be provided to render any line conductor
dead or harmless to human beings or animals in the event of it falling,
due to breakage or otherwise.

All metal work other than conductors shall be permanently and
efficiently connected with earth. For this purpose a continuous earth
wire shall be provided and connected with earth at 4 points in every
mile, the spacing between the points being as nearly equidis





tant as possible, or alternatively the metal work shall be connected to an
effective earthing device at each individual support. The design and
construction of the system of earth connexions shall be such that when
contact is made between a line conductor and metal connected with
earth the resulting leakage current shall not be less than twice the
leakage current required to operate the devices which make the line dead
or harmless to human beings or animals.

(17A) An overhead line carrying a voltage not exceeding 11,000
volts may be erected on wooden poles and any line so erected shall
comply with the requirements of

(a)specification No. 1320 of August 1946, issued by the British
Standards Institution, with such modification thereto as may
be for the time being in force. and

(b)these regulations, except in so far as they are inconsistent
with the requirements of paragraph (a).

(18) Where an overhead line is erected along or across a public road
or canal or across a railway all wires including earth wires and auxiliary
conductors shall be placed at the appropriate height from the ground
specified in paragraph (16) for line conductors, and the following
additional precautions shal be taken to prevent danger

(a)in the case of a line erected along a public road or canal (or
within 50 feet thereof) there shall be provided

(i) duplicate insulators supporting the conductors; or

(ii) a device to ensure that in the event of a line conductor
falling it shall be put to earth; or

(iii) other means approved by the Director of Electrical and
Mechanical Services;

(b)in the case of a line erected across a public road, canal or
railway there shall be provided

(i) duplicate insulators for supporting the line conductor
and a device to ensure that in the event of a line conductor
falling it shall be put to earth; or

(ii) duplicate insulators supporting duplicate conductors
tied at intervals not exceeding 5 feet; or

(iii) other means approved by the Director of Electrical and
Mechanical Services.

(19) Supports shall be numbered consecutively and each support
shall have a danger notice of a permanent character securely fixed to it.
Adequate provision shall also be made to prevent unauthorized
climbing.

(20) All overhead lines shall be removed on ceasing to be used for
the purposes for which they were erected.

14. Save as above provided, overhead lines shall not be erected
except in accordance with such regulations as the Governor in Council
may prescribe.





ELECTRIC LINES OTHER THAN OVERHEAD
LINES

15. All conduits, pipes, casings and street boxes used as
receptacles for electric lines shall be constructed of durable material,
and where laid under carriage-ways shall be of ample strength to
prevent damage from heavy traffic, and reasonable means shall be taken
by the company to prevent accumulation of gas in such receptacles.

16. Where any electric line crosses, or is in proximity to, any
metallic substance, special precautions shall be taken by the company
against the possibility of any electrical charging of the metallic
substance from the line or from any metal conduit, pipe or casing
inclosing the line.

17. All metal conduits, pipes or casings containing any high
pressure electric line shall be efficiently connected with earth, and shall
be so jointed and connected across all street boxes and other openings
as to make good electrical connexion throughout their whole length.

18. (1) Where the conductors of electric lines placed in any conduit
are not continuously covered with insulating material, they shall be
secured in position, and no unfixed uninsulated material of a conducting
nature shall be contained in the conduit. No such conductor shall be at
a pressure exceeding 300 volts from earth.

(2) Adequate precautions shall also be taken to ensure that no
accumulation of water shall take place in any part of the conduit and to
prevent any dangerous access of moisture to the conductors or the
insulators.

(3) The insulators of any such electric line shall be so disposed
that they can be readily inspected; but this requirement shall not apply
to any such insulators which before 2 December 1921, were not required
by any regulation then in force to be so capable of ready inspection.

19. Every portion of any high pressure electric line placed above
the surface of the ground, or in any subway not in the sole occupation
of the company, shall be completely inclosed either in a tube of highly
insulating material embedded in brickwork, masonry or cement-concrete,
or in strong metal casing efficiently connected with earth.

20. Where any high pressure electric line is laid beneath the surface
of the ground, efficient means shall be taken to render it impossible that
the surface of the ground or any neighbouring electric line or conductor
shall become charged by leakage from the high pressure electric line.





21. A high pressure electric line shall not. except with the consent
of the Director of Electrical and Mechanical Services. be used for the
supply of energy before it has been completely laid. properly jointed,
examined and tested, or until it is in the sole charge of the company, and
every such line shall during its use be in the sole charge of the
company.

SUB-STATIONS AND STREET BOXES

22. Sub-stations shall be established in suitable places and shall be
in the sole occupation and charge of the company. Substations shall be
erected above ground wherever possible. but where necessarily
underground, due provision shall be made for ventilation and for
drainage.

23. In addition to the provisions contained in regulation 15 as to
the construction of receptacles for electric lines. the following
conditions shall be observed with respect to street boxes

(a)the covers of all street boxes shall be so secured that they
cannot be opened except by means of a special appliance.

(b)the covers of all street boxes containing high pressure
apparatus other than cables shall be connected to strips of
metal laid immediately underneath the street. and efficient
means shall be taken to render it impossible that the covers or
other exposed parts of these boxes. or any adjacent material
forming the surface of the street. shall become electrically
charged, whether by reason of leakage. defect or otherwise;

(c)where street boxes are used as transformer chambers.
reasonable means shall be taken to prevent as far as possible
any influx of water, either from the adjacent soil or by means of
pipes; and in the case of any such street box exceeding 1
cubic yard in capacity. ample provision shall be made, by
ventilation or otherwise, for the immediate escape of any gas
which may by accident have obtained access to the box, and
for the prevention of danger from sparking;

(d)all street boxes shall be regularly inspected for the presence of
gas, and if any influx or accumulation is discovered the
company shall give immediate notice to the company whose
gas mains are laid in the neighbourhood of the street box.

(e)where mains at different pressures pass through the same
street box they shall be readily distinguishable from one
another.

24. The maximum power supplied to any underground substation
or street box shall not, without the consent of the Director of Electrical
and Mechanical Services, exceed 30 kilowatts in the case of a sub-
station or street box containing a single transformer, or 75 kilowatts in
the case of a sub-station or street box containing 2 or more
transformers.





CONSUMERS PREMISES

25. The company shall be responsible for all electric lines, fittings
and apparatus belonging to it or under its control, which may be upon a
consumer's premises. being maintained in a safe condition and in all
respects fit for supplying energy.

26. In delivering the energy to a consumer's terminals the company
shall exercise all due precautions so as to avoid risk of causing fire of
the premises.

27. (1) A suitable safety fuse or other automatic circuitbreaker shall
be inserted in each service line within a consumer's premises as close as
possible to the point of entry, and contained within a suitable locked or
scaled receptacle of fireproof construction, except in cases where the
service line is protected by fuses in a street box; but no fuse or
automatic circuit-breaker shall be inserted in the intermediate conductor
of a three-wire system.

(2) Wherever a seal is found broken on a consumer's premises and
unless the same has been broken by an employee of the company. the
consumer shall be liable to a penalty of $5.

28. All service lines and apparatus placed on a consumer's premises
shall be highly insulated and thoroughly protected against injury to the
insulation or access of moisture. and any metal forming part of the
electric circuit shall not. unless efficiently connected with earth. be
exposed so that it can be touched. All electric lines shall be so fixed and
protected as to prevent the possibility of electrical discharge to any
adjacent metallic substance.

29. Where the general supply of energy is a high pressure supply
and transforming apparatus is installed on a consumer's premises. the
whole of the high pressure service lines. conductors and apparatus,
including the transforming apparatus itself. so far as they are on the
consumer's premises. shall be completely inclosed in solid walls or in
strong metal casing efficiently connected with earth and securely
fastened throughout.

30. The company shall not connect with its mains consumers'
wires or fittings that would cause an undue leakage or that are, in
the opinion of the company, constructed or arranged in such a manner
as to cause a danger of shock or fire. Where the company declines to
make such connexion it shall serve upon the consumer a notice stating
its reasons for so declining.

31. (1) For the purpose of ascertaining that a consumer's wires and
fittings have not subsequently fallen into an unsafe condition the
company shall make periodical tests at intervals of not more than 5
years. For the purposes of such tests. and for the purpose of
discovering whether a defect exists at some part of a consumer's
installation within or upon the consumer's premises. the





company may. by notice in writing, require the consumer at some
reasonable time after the service of the notice to permit any officer of the
company to inspect and test the installation. Service of any such notice
may be effected by letter sent by ordinary. post addressed to the
consumer's premises. or by leaving the notice at such premises:

Provided that this paragraph shall not apply where the Director of
Electrical and Mechanical Services has certified that he is satisfied that
adequate provision exists for the periodical testing by or on behalf of
the consumer at intervals of not more than 5 years of such wires and
fittings belonging to him. used by him or under his control for the
purpose of ascertaining that they have not fallen into an unsafe
condition.

(1A) The Director of Electrical and Mechanical Services shall in
writing notify the company of the grant by him of any, certificate of
satisfaction under the proviso to paragraph (1).

(IB) Where, after the grant of a certificate of satisfaction under the
proviso to paragraph (1), the company becomes aware that a defect may
exist in the consumer's wires and fittings to which the certificate relates.
it shall in writing notify the Director of Electrical and Mechanical
Services to that effect.

(1C) Where the Director of Electrical and Mechanical Services
withdraws any certificate of satisfaction granted by him under the
proviso to paragraph (1), he shall in writing notify. the consumer and
the company of the withdrawal and shall specify, in that notice the
period within which the consumer's wires and fittings are to be tested.

(ID) The company shall test the consumer's wires and fittings
under paragraph (1) within the period specified under paragraph (1C)
and thereafter shall make periodical tests under paragraph (1) at
intervals of not more than 5 years.

(2) If the consumer does not give all due facilities for inspection
and testing under paragraph (1) within a reasonable time after the
service of a notice under that paragraph, the company shall forthwith
discontinue the supply of energy to the consumer's premises, giving
immediate notice of the discontinuance to the consumer, and shall not
recommence the supply until the test has been carried out. The period of
discontinuance as aforesaid shall be excluded in computing the interval
of not more than 5 years above mentioned.

(3) If after such inspection and testing the company is reasonably
satisfied that a defect exists at some part of a consumer's installation the
company shall by notice require the consumer within a reasonable time
after the service of such notice, to remove the defect.

(4) If after retesting by an officer of the company the installation is
found to be still defective, the company shall forthwith





discontinue the supply of energy to the premises in question. The
supply shall not be reconnected until the defect has been removed and
the charges for reconnection and retesting have been paid to the
company.

32. (1) If any consumer is dissatisfied with the action of the
company in refusing to give or in discontinuing or in not recommencing
the supply of energy to his premises. the wires and fittings of that
consumer shall, on his application and on payment of a fee of $10. be
tested for the existence of leakage by the Director of Electrical and
Mechanical Services.

(2) Paragraph (1) shall be indorsed on every notice given under the
provisions of regulations 30 and 31(1).

33. Every person who makes any addition to any electrical
installation connected to the company's main without obtaining the
written consent of the company thereto shall be liable to a penalty of
5100 for every, such addition.

34. Every consumer upon whose premises any such addition is
found shall be liable to a penalty of SI 00 for every day or part of a day
during which such addition has been in existence. In this regulation.
consumer means the person in whose name the contract for the supply
of electricity to such premises was made with the company, or if there
be no such person, the principal tenant or person in actual occupation
of the premises in which such addition is found.

ARC LIGHTING

35. Are lamps used in any street for public lighting shall be so fixed
as not to be in any part at a less height than 10 feet from the ground.

36. All are lamps shall be so guarded as to prevent pieces of ignited
carbon or broken glass falling from them. and shall not be used in
situations where there is any danger of the presence of explosive dust
or gas.

CONNEXION OF CIRCUITS WITH EARTH

37. Where the pressure of a supply between the adjacent
conductors of a three-wire system of mains exceeds 125 volts the
intermediate conductor shall be connected with earth in accordance
with the following conditions

(a)the connexion with earth of the intermediate conductor shall
be made at 1 point only on each distinct circuit, namely at the
generating station. sub-station or transformer, and the
insulation of the circuit shall be efficiently maintained at all
other parts:





(b)the current from the intermediate conductor to earth shall be
continuously recorded and if it at any time becomes excessive
steps shall be immediately taken to improve the insulation of
the system.

38. The company shall not connect any other circuit with earth
except with the approval of the Director of Electrical and Mechanical
Services and subject to such conditions as he may prescribe.

EXTRA HIGH PRESSURE

39. (1) This regulation shall have effect in the case of a supply at
extra high pressure, and shall be in addition to and not in substitution
for the obligations imposed by the foregoing regulations.

(2) An extra high pressure main shall not be brought into use
unless, after it has been placed in position and before it is used for the
purposes of supply, the insulation of every part thereof has withstood
the continuous application, during half an hour, of pressure exceeding
the maximum pressure to which it is intended to be subject in use, that is
to say, in the case of every electric line to be used for a pressure not
exceeding 10.000 volts twice the said maximum pressure. and in the case
of a line to be used for a pressure exceeding 10,000 volts, a pressure
exceeding the said maximum pressure by 10,000 volts; and the company
shall record the resulats of the tests of each main or section of a main.

(3) Every extra high pressure main shall be protected by a suitable
fuse or automatic circuit-breaker, but in the case of a concentric main
that fuse or circuit-breaker shall not be inserted in any external
conductor thereof which is connected with earth.

(4) In every case where an extra high pressure supply is
transformed or converted to a reduced pressure, some suitable
automatic and quick-acting means shall be provided to protect the
reduced pressure circuits from any accidental contact with or leakage
from the extra high pressure system, either within or without the
transforming or converting apparatus.

(5) All metal conduits, pipes or casings containing any extra high
pressure electric line shall be efficiently connected with earth and shall
be so jointed and connected across all street boxes and other openings
as to make good electrical connexion throughout their whole length.

(6) Every portion of any extra high pressure electric line placed
above the surface of the ground, otherwise than in a sub-station, or in
any subway not in the sole occupation of the company, shall be
completely inclosed either in a tube of highly insulated material
embedded in brickwork, masonry or cementconcrete, or in strong metal
easing efficiently connected with earth.





(7)(a) Where extra high pressure mains for three-phase supply
consist of insulated conductors laid together, provision shall
be made to ensure that neither the ground nor any
neighbouring or electric line or conductor can become charged
by leakage from any such main.

(b)Where this provision is made by a copper strip under a lead
sheath that strip shall be not less than sixteen-thousandths of
an inch in thickness, and where it is made by steel wires
outside a lead sheath each of those wires shall be not less
than one-tenth of an inch in diameter.

(c)Where the mains are inclosed in a lead sheath the sheath shall
be not less than one-tenth of an inch in thickness and shall be
permanently and efficiently connected with earth.

(8) Extra high pressure mains for single phase supply and all cables
connected therewith shall consist either of 2 concentric conductors or of
separate conductors. Where concentric conductors are used the
insulation shall be maintained efficiently throughout except that the
outer conductor shall be connected with earth at 1 point, and where
separate conductors are used provision shall be made as in the case of
mains for three-phase supply to ensure that neither the ground nor any
neighbouring electric line or conductor can become charged by leakage.

(9) An extra high pressure electric line shall not be brought into use
for the supply of energy before it has been completely laid, properly
jointed, examined and tested or until it is in the sole charge of the
company, and every such line shall during its use be in the sole charge
of the company.

(10) Extra high pressure mains shall not pass through the same street
box with other mains. unless they are inclosed in strong metal casing;
and street boxes containing high pressure mains shall not contain pipes
for water. gas or other service, or electric mains belonging to another
undertaking:

Provided that any such street box may contain telephone wires
belonging to the company.

(11) Sub-stations supplied at extra high pressure shall be
established in suitable places and shall be in the sole occupation of the
company.

(12) Sub-stations constructed below the surface of any street after 2
December 192 1, to which an extra high pressure is to be given shall not
contain switches or apparatus other than transformers.

(13) The transforming apparatus at any sub-station supplied at extra
high pressure shall be so arranged that there shall be no danger of any
mains connected therewith being charged to any pressure beyond the
limits of pressure for which those mains are intended.

(14) In delivering the energy to a sub-station at extra high pressure
the company shall exercise all due precautions so as to avoid risk of
causing fire on the premises.





(15) All extra high pressure electric lines and apparatus placed in a
sub-station shall be highly insulated and throughly protected against
injury to the insulation or access of moisture, and any metal forming part
of the electric circuit shall not, unless efficiently connected with earth,
be exposed so that it can be inadvertently touched. All such lines shall
be so fixed and protected as to prevent the possibility of electrical
discharge to any adjacent metallic substance.

(16) The Director of Electrical and Mechanical Services shall be
entitled to enter at all times any of the generating stations or sub-
stations of the company supplying or supplied at an extra high
pressure, and to make any such examination and tests of the mains,
machines, transformers or other apparatus in use in those stations as
may appear to him necessary, and the company shall afford all due
facilities for any such examination and tests,

(17) Where any extra high pressure circuit is connected with
earth the connexion shall be made at on c point only'. namely at the
generating station, sub-station or transformer. and the insulation
of the circuit shall, except at that point. be efficiently maintained
throughout.

(18)(a) The neutral point of the star winding of each distinct three-
phase circuit. used for extra high pressure. may. be connected
with earth or may be insulated. If connected with earth
through a resistance. that resistance shall be sufficiently low
to ensure that the fuse or automatic circuitbreaker in the mains
shall act.

(b)If the neutral point is not connected with earth a separate
electro-static voltmeter placed in a conspicuous position in
the generating station shall be connected between each
circuit and earth, and if the indications of the voltmeters show
that the insulation of any of the circuits is faulty'. immediate
steps shall be taken to restore the insulation.

PENALTIES

40. (1) If the company makes default in complying with any of these
regulations, it shall be liable to a penalty of SI 00 for every such default
and in the case of continuing offence to a further penalty of $100 for
each day during which the offence continues.

(2) The recovery of a penalty under these regulations shall not
affect the liability of the company to make compensation in respect of
any damage or injury which may be caused by reason of the default.

EXEMPTIONS

41. Nothing in these regulations shall be deemed to authorize or
require the company to make any examination, inspection or test





of any wires, fittings, installations, apparatus or equipment of the
Hong Kong Government, or of the naval, military or air force
authorities, or to authorize entry for such purposes by the com-
pany's agents, servants or workmen in or upon the property of the
said Government or authorities.

42. The Governor in Council may at any time, upon it
appearing to him that adequate provision has been made for the
examination, inspection and testing of the wires, fittings, installa-
tions, apparatus and equipment in or upon any works, building or
other premises, by order specifying such works, building or prem-
ises, exempt the same from examination, inspection and testing
under these regulations.

CITATION

43. These regulations may be cited as the Electricity Supply
Regulations.
18 of 1911. Schedule. L.N. 236/72. L.N. 138/76. L.N. 76/82. L.N. 298/82. L.N. 44/84. Interpretation. L.N. 138/76. Pressure of supply to consumers. L.N. 76/82. L.N. 298/82. Introduction of three-wire system into consumer's premises. Minimum size of conductors. Insulation test of low pressure and medium pressure mains. Testing of insulation of all parts of high pressure circuit. Maintenance of insulation. L.N. 76/82. L.N. 298/82. L.N. 76/82. L.N. 298/82. Circuit-breaker for high pressure mains, etc. L.N. 76/82. L.N. 298/82. Transformers. Connexion of transformers with earth. Protection from lightning. Report of accidents to Director of Electrical and Mechanical Services. L.N. 76/82. L.N. 298/82. Material of line conductors; L.N. 76/82. L.N. 298/82. strength of line conductors; minimum size of line conductor; line conductors to be inaccessible; line conductors crossing other lines; supports; L.N. 236/72. factors of safety of supports; L.N. 236/72. service lines; L.N. 76/82. L.N. 298/82. errection of line conductors at different voltages on same supports; L.N. 76/82. L.N. 298/82. inspection and maintenance of lines. materials used; factor of safety of line conductors; minimum height of conductors; L.N. 76/82. L.N. 298/82. L.N. 76/82. L.N. 298/82. provision to prevent danger; L.N. 76/82. L.N. 298/82. L.N. 76/82. L.N. 298/82. L.N. 76/82. L.N. 298/82. factor of safety of line conductors; minimum height of conductors; L.N. 76/82. L.N. 298/82. provision to prevent danger; overhead lines on wooden poles; L.N. 236/72. road-crossing, etc.; L.N. 76/82. L.N. 298/82. L.N 76/82. L.N. 298/82. danger notices; removal of obsolete lines. Other overhead lines. Construction of receptacles for electric lines. Crossing pipes, etc. Electric continuity of metal conduits, etc., of high pressure line. Precautions to be taken when bare conductors are used. High pressure lines laid above ground or in subways. Protection for surface of ground and electric lines. Completion and control of high pressure lines. L.N. 76/82. L.N. 298/82. Sub-stations. Street boxes. Maximum power in case of underground sub-station, etc. L.N. 76/82. L.N. 298/82. Responsibility of company for lines, etc., on consumer's premises. Fire risks. Main fuses or circuit-breakers. Treatment of service lines and apparatus on consumer's premises. Transformers and high pressure apparatus to be inclosed in metal, etc. Connexion to consumer's premises not to be made where undue leakage would result. Discontinuance of supply on discovery of leakage on consumer's premises. L.N. 44/84. L.N. 44/84. L.N. 44/84. L.N. 44/84. L.N. 44/84. L.N. 44/84. Appeal to Director of Electrical and Mechanical Services. L.N. 76/82. L.N. 298/82. L.N. 44/84. L.N. 44/84. Penalty for making addition to electrical installation. Penalty on consumer for addition to electrical installation. Height from ground. Arc lamps to be guarded. Connexion with earth of a three-wire system. Connexion of other circuits with earth. L.N. 76/82. L.N. 298/82. Special regulations as to extra high pressure. L.N. 76/82. L.N. 298/82. Penalties for default. Specific exemptions. Exemption by Governor in Council. Citation.

Abstract

18 of 1911. Schedule. L.N. 236/72. L.N. 138/76. L.N. 76/82. L.N. 298/82. L.N. 44/84. Interpretation. L.N. 138/76. Pressure of supply to consumers. L.N. 76/82. L.N. 298/82. Introduction of three-wire system into consumer's premises. Minimum size of conductors. Insulation test of low pressure and medium pressure mains. Testing of insulation of all parts of high pressure circuit. Maintenance of insulation. L.N. 76/82. L.N. 298/82. L.N. 76/82. L.N. 298/82. Circuit-breaker for high pressure mains, etc. L.N. 76/82. L.N. 298/82. Transformers. Connexion of transformers with earth. Protection from lightning. Report of accidents to Director of Electrical and Mechanical Services. L.N. 76/82. L.N. 298/82. Material of line conductors; L.N. 76/82. L.N. 298/82. strength of line conductors; minimum size of line conductor; line conductors to be inaccessible; line conductors crossing other lines; supports; L.N. 236/72. factors of safety of supports; L.N. 236/72. service lines; L.N. 76/82. L.N. 298/82. errection of line conductors at different voltages on same supports; L.N. 76/82. L.N. 298/82. inspection and maintenance of lines. materials used; factor of safety of line conductors; minimum height of conductors; L.N. 76/82. L.N. 298/82. L.N. 76/82. L.N. 298/82. provision to prevent danger; L.N. 76/82. L.N. 298/82. L.N. 76/82. L.N. 298/82. L.N. 76/82. L.N. 298/82. factor of safety of line conductors; minimum height of conductors; L.N. 76/82. L.N. 298/82. provision to prevent danger; overhead lines on wooden poles; L.N. 236/72. road-crossing, etc.; L.N. 76/82. L.N. 298/82. L.N 76/82. L.N. 298/82. danger notices; removal of obsolete lines. Other overhead lines. Construction of receptacles for electric lines. Crossing pipes, etc. Electric continuity of metal conduits, etc., of high pressure line. Precautions to be taken when bare conductors are used. High pressure lines laid above ground or in subways. Protection for surface of ground and electric lines. Completion and control of high pressure lines. L.N. 76/82. L.N. 298/82. Sub-stations. Street boxes. Maximum power in case of underground sub-station, etc. L.N. 76/82. L.N. 298/82. Responsibility of company for lines, etc., on consumer's premises. Fire risks. Main fuses or circuit-breakers. Treatment of service lines and apparatus on consumer's premises. Transformers and high pressure apparatus to be inclosed in metal, etc. Connexion to consumer's premises not to be made where undue leakage would result. Discontinuance of supply on discovery of leakage on consumer's premises. L.N. 44/84. L.N. 44/84. L.N. 44/84. L.N. 44/84. L.N. 44/84. L.N. 44/84. Appeal to Director of Electrical and Mechanical Services. L.N. 76/82. L.N. 298/82. L.N. 44/84. L.N. 44/84. Penalty for making addition to electrical installation. Penalty on consumer for addition to electrical installation. Height from ground. Arc lamps to be guarded. Connexion with earth of a three-wire system. Connexion of other circuits with earth. L.N. 76/82. L.N. 298/82. Special regulations as to extra high pressure. L.N. 76/82. L.N. 298/82. Penalties for default. Specific exemptions. Exemption by Governor in Council. Citation.

Identifier

https://oelawhk.lib.hku.hk/items/show/2451

Edition

1964

Volume

v8

Subsequent Cap No.

103

Number of Pages

20
]]>
Tue, 23 Aug 2011 18:07:17 +0800
<![CDATA[ELECTRICITY SUPPLY ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2450

Title

ELECTRICITY SUPPLY ORDINANCE

Description






LAWS OF HONG KONG

ELECTRICITY SUPPLY ORDINANCE

CHAPTER 103





CHAPTER 103

ELECTRICITY SUPPLY

To regulate the supply of electricity for lighting and other purposes.

(Amended, 50 of 1911, and 16 of 1912, Schedule)

[19th May, 1911.]

1. This Ordinance may be cited as the Electricity Supply
Ordinance.

(Amended, 5 of 1924, s. 6)

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

(Amended, 50 of 1911, and 16 of 1912, Schedule)

'company'' means any person or any body of persons corporate or
unincorporate by whom electricity is generated or supplied; (Amended,
5 of 1924, Schedule)

'electricity' means electricity, electric current or any like agency;

'electric line' means a wire or wires, conductor or other means used for
the purpose of conveying, transmitting or distributing electricity,
with any casing, coating, covering, tube, pipe or insulator
enclosing, surrounding or supporting the same, or any part thereof,
or any apparatus connected therewith for the purpose of
conveying, transmitting or distributing electricity,

'street' includes any square, court or alley, highway, lane, road,
thoroughfare or public passage or place;

'works' includes electric lines and any buildings, machinery, engines,
works, matters or things of whatever description required to supply
electricity and to carry into effect the objects of a company.

3. The Governor in Council may by regulation, which shall
apply to every company generating or supplying electricity within
the Colony, provide for-

(a)the securing of the safety of the public in respect of electricity,
electric lines and works;

(b)the securing of a regular and sufficient supply of electricity and
generally for the control and regulation of such supply; and

(c)the protection of telegraph cables, telephone lines, or lines
operated by any department of the Government or by the naval,
military or air force authorities or by any person or body of
persons authorized by the Government to maintain a
telegraphic service.

(Replaced, 33 of 1939, Schedule)





3A.(1) Where the Secretary for Housing is satisfied that,
having regard to its special circumstances, an area should be subject
to special regulations to control the supply of electricity in that area he
may, by notice in the Gazette, designate such an area as a special area
for the purposes of this Ordinance.

(2) The Governor in Council may make regulations to provide
for-

(a) the control and regulation of the supply of electricity in a
special area;
(b) securing, so far as a practicable in the circumstances, the
safety of the public in respect of electricity, electric lines
and works in a special area;
(c) the application or disapplication to or in respect of a special area
of regulations made under section 3.

(Added, 55 of 1976, s. 2)

4. It shall be lawful for the Governor in Council to grant
exemption from any regulations made for securing the safety of the
public under this Ordinance to any company which proves to the
satisfaction of the Governor in Council that the conditions
under which it generates or supplies electricity
are such as not to endanger in any way the safety of the public.

(Replaced, 33 of 1939, Schedule)


5. Any regulation under this Ordinance may impose penalties for
offences against the same not exceeding imprisonment for 3 months
and a fine of $2,000 for each offence, with or without penalties
for continuing offences not exceeding for any continuing offence $100 for
every day during which the offence continues.

(Replaced, 55 of 1976, s. 3)
Originally 18 of 1911. (Cap. 103, 1950.) 50 of 1911. 51 of 1911. 16 of 1912. 17 of 1912. 43 of 1912. 8 of 1914. 5 of 1924. 22 of 1950. 55 of 1976. Short title. Interpretation. Power of Governor in Council to make regulations. Regulation of supply to special areas. Power for Governor in Council to grant exemption from safety regulations. Penalties may be imposed in regulations.

Abstract

Originally 18 of 1911. (Cap. 103, 1950.) 50 of 1911. 51 of 1911. 16 of 1912. 17 of 1912. 43 of 1912. 8 of 1914. 5 of 1924. 22 of 1950. 55 of 1976. Short title. Interpretation. Power of Governor in Council to make regulations. Regulation of supply to special areas. Power for Governor in Council to grant exemption from safety regulations. Penalties may be imposed in regulations.

Identifier

https://oelawhk.lib.hku.hk/items/show/2450

Edition

1964

Volume

v8

Subsequent Cap No.

103

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:07:16 +0800
<![CDATA[WATERWORKS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2449

Title

WATERWORKS REGULATIONS

Description






WATERWORKS REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

PART 1

PRELIMINARY

1. Citation ............................A4

2. Interpretation ......................................................... A4

PART 11

FIRE SERVICES AND INSIDE
SERVICES

3.....................Permission to construct, etc., a fire service
......................A 5

4............Fees for fire service ............ ...................... ................
........................................A 6

5......................................Permission to construct, etc., an inside service A 6

6...............................Inspection and approval of works ...................... A 6

7......................................Responsibility to keep inside service clean A 7

8.....................Repairs etc., by Water Authority ............. ................ A 7

9.......................................Use of inside service A 7

10.....................Draw-off points in gardens, etc . ................................. A 7

11......................................Hosepipe not to be connected to an inside service. A 8
12......................................Use of fresh water for flushing A 8
13......................................Use of water for air-conditioning plants, etc.--- A 9

14..........(Rep-led) .................. A 9

is................Use of salt water for flushing ................ ............. ......................
..................A 9

16................(Repealed) ........................... ...................
........................................A 9

17......................................Disconnection or reconnection of supply at consumer's request A 9

18.................................Method of disconnection .......... A 9

PART 111

PIPES AND FITTINGS

19...........Pipes and fittings ................................................................
.................................A10

20......................................Pipes and fittings to be of British Standard A 10

21,..........................Testing and stamping of pipes and fittings ................................. A 10

22......................................Protection of pipes All











Regulation................................. Page
23. Booster pumps .......................All
24. Other water using apparatus .........All
25. Power to relax regulations ..........All

PARTIV

METERS

26. Installation of meters ..............A 12
27. Site of meters ......................A 12
28. Damage to meters ....................A 12
29. Reading of meters ...................A 13
30. Testing of meters ...................A 13
31. Consumption where supply is not measured by meter A 13
32. Private cheek meter .................A 14

PART V

LICENSING OF PLUMBERS

32A......................................Authority for grant of plumber's licence A 14
33. Application for plumber's licence ...A 14
34. Issue of plumber's licence ..........A 15
35. Grades of plumbers' licences ........A 16
36. Plumber's licence ...................A 16
37. Power to cancel plumber's licence ...A 16
38. Persons carrying on plumbing business A 17

PART VI

PUBLIC STANDPIPES

39. Use of public standpipes ............A 17





Regulation................................. Page

PART VII
FISHING

40. Interpretation ......................A 17
41. Fishing under licence ...............A18
42. Issue of fishing licence ............A18
43. Powers of inspection and arrest .....A 18
44. Offences ............................A 19
45. Revocation or suspension of fishing licence A 19

PART VIII

MISCELLANEOUS

46. Charges for water ...................A 19
46A. (Expired) ...........................A 19
46B. Examination of water sample .........A 19
47. Prohibition of sale of water ........A 20
48. Validity of notices .................A 20
49. Service of notice, etc . ............A 20
50. Time limit for payment of charges and levy of surcharge A 20
51. Penalty .............................A 21
52. Saying ..............................A 21
53. Transitional ........................A 21
Schedule 1.................................Part I. Fees and Charges A 22
Part 11. Supervision Charge .........A 23
Part III. Charge for Fresh Water ....A 23
Part IV. Charges for Examination of Water A 24
Schedule2..................................Part 1. Pipes and Fittings A25
Part 11. Taps and Valves ............A 26
Part III. Cold Water Storage Cisterns A 27
Part IV. Water Heaters ..............A 28
Part V. Flushing Apparatus ..........A 29
Part VI. Baths, Lavatory Basins and Sinks A 30





WATERWORKS REGULATIONS
(Cap. 102, section 37)

[1 January 19751

L.N. 251 of 1974 L.N. 85 of 1975, L.N. 16 of 1977, L.N. 252 of 1977, L.N. 85 of 1979, 58 of 1980,
L.N. 51 of 1982, L.N. 72 of 1983, L.N. 219 of 1983, L.N. 91 of 1984, L.N. 40 of 1985, L.N. 73
of 1986, L.N. 78 of 1987, L.N. 99 of 1988, L.N. 118 of 1988, R. Ed. 1988, L.N. 84 of 1989.

L14 2 96 0

PART 1

PRELIMINARY

1. Citation

These regulations may be cited as the Waterworks Regulations.

2. Interpretation

In this regulations, unless the context otherwise requires-

'BS' means the latest revised edition of a specification issued by the British
Standards Institution; (L.N. 252 of 1977)

'Building Authority' means the Building Authority under the Buildings Ordinance
(Cap. 123);

'construction purpose', in relation to a supply, means water supplied for use for
any purpose connected with the construction of a building or substantial
repairs or alterations to a building;

'Director' means the Director of Water Supplies;

'plumber's licence' means a plumber's licence issued under regulation 34;

',shipping purpose', in relation to supply, means water supplied

(a) (i) to or for use on any vessel other than a vessel to which paragraph
(b)(i) of this definition applies;

(ii)to any pier for use on any vessel to which subparagraph (i)
applies; or

(iii) to or for use on any vessel employed for the conveyance of
water to any vessel to which subparagraph (i) applies;

(b) (i) to or for use on any vessel to which Part IV of the Shipping and Port
Control Ordinance (Cap. 313) applies, including any launches,
ferry vessels, miscellaneous craft and pleasure vessels to which
the regulations specified in section 35(1) of

that Ordinance apply; or
(ii) to any pier for use on such pier;(L.N. 219 of 1983)





'trade purpose', in relation to a supply, means water supplied for use-

(a)for any purpose connected with a trade, manufacture or business,
other than a construction purpose or shipping purpose; or

(b)for any purpose other than a domestic purpose, construction
purpose or shipping purpose.

PART 11

FIRE SERVICES AND INSIDE
SERVICES

3. Permission to construct, etc., a fire service

(1) Where permission is required under the Ordinance to construct, install, alter
or remove a fire service, application for such permission shall be made to the Water
Authority in such form as may be specified and the application shall be
accompanied by such plans, specifications and other information as the Water
Authority may require.

(2) Before submitting an application under subregulation (1), the applicant

(a)shall obtain the approval in writing of the Director of Fire Services for
the construction, installation, alteration or removal of the fire service
and for this purpose shall submit such plans, specifications and other
information in respect of the works as the Director of Fire Services
may require; and

(b)if a new fire service requires a direct connection to the main, shall

(i) obtain from the Water Authority such information as is relevant
to the design of the fire service; and

(ii) submit to the Water Authority for approval, in such form as he
may require, plumbing proposals in respect of the fire service.

(3) If a new fire service includes the installation of a storage cistern the capacity
of which exceeds 250 litres the application under subregulation (1) shall bear an
endorsement by the Building Authority to the effect that the plan for the installation
of the cistern has been approved by him. (L.N. 252 of 1977)

(4) The Water Authority shall decide the size and position of a connection to
the main in respect of a fire service.

(5) The Water Authority shall, if he refuses to grant permission to carry out any
works specified in an application under subregulation (1), return the application to
the applicant and state the reasons for such refusal.





4. Fees for fire service

(1)-(2) (Repealed L.N. 78 of 1987)

(3) If a seal fixed on a fire service by the Water Authority is broken by any
person other than the Water Authority, or a person authorized by him, it shall be
replaced by the Water Authority and the consumer responsible for the custody of
the fire service shall be liable to pay the charge prescribed in Part 1 of Schedule 1.

5. Permission to construct, etc., an inside service

(1) Where permission is required under the Ordinance to construct, install, alter
or remove an inside service, application for such permission shall be made to the
Water Authority in such form as may be specified and the application shall be
accompanied by such plans, specifications and other information as the Water
Authority may require.

(2) If a new inside service is to be constructed or installed, the applicant shall,
before submitting an application under subregulation (1),

(a)obtain from the Water Authority such information as is relevant to
the design of the inside service; and

(b)submit to the Water Authority for approval, in such form as he may
require, plumbing proposals in respect of the inside service.

(3) If a new inside service includes the installation of a storage cistern the
capacity of which exceeds 250 litres the application under subregulation (1) shall
bear an endorsement by the Building Authority to the effect that the plan for the
installation of the cistern has been approved by him. (L.N. 252 of 1977)

(4) The Water Authority shall decide the size and position of a connection to
the main in respect of an inside service.

(5) The Water Authority shall, if he refuses to grant permission to carry out any
works specified in an application under subregulation (1), return the application to
the applicant and state the reasons for such refusal.

6. Inspection and approval of works

(1) A person who constructs or installs a fire service or inside service shall
apply to the Water Authority in such form as may be specified for

(a) inspection and approval of the fire service or inside service; and

(b)a connection to the main and, if necessary, the installation of the part
of the fire service or inside service on land held by the Crown.

(2) A person who makes any alterations to a fire service or inside service shall
apply to the Water Authority in such form as may be specified for inspection and
approval of the alterations.





(3) No pipe or fitting forming part of a fire service or inside service shall
be used or covered up until it has been inspected and approved by the Water
Authority.
(4) Approval of a fire service or inside service or any alterations thereto
may be withheld until any requirement of the Water Authority is complied
with.
(5) If a fire service or inside service is approved by the Water Authority he
shall, on payment of the charge prescribed in Part 1 of Schedule 1, make the
connection to the main and, if necessary, install the part of the fire service or
inside service on land held by the Crown.

7. Responsibility to keep inside service clean

(1) Subject to subregulation (2), a consumer shall be responsible for
keeping an inside service clean.
(2)The responsibility for keeping clean any part of an inside service
which is-
(a) a communal service shall be that of the agent; and
(b) on land held by the Crown shall be that of the Water Authority.

8. Repairs etc., by Water Authority

(1) Where the Water Authority carries out any repairs or other works
under section 17(3) or (4) of the Ordinance, the cost thereof shall include-
(a) the cost of materials used;
(b) the cost of labour;
(c) any other expenses incurred in connection therewith; and
(d) the supervision charge prescribed in Part 11 of Schedule 1.
(2) This regulation shall not apply where a charge is prescribed in Part 1
of Schedule 1.

9. Use of inside service

Except with the permission in writing of the Water Authority, no person
shall use an inside service for the reception or conveyance of any water other
than water from the waterworks in respect of which the inside service is
approved.

10. Draw-off points in gardens, etc.

Except with the permission in writing of the Water Authority, no person
shall-





(a) install draw-off points in, or draw water from, any part of an inside
service for the supply of fresh water for use in any(i) garden, (ii) lawn,
(iii) playground of any kind, (iv) garage or car park, or (v) other place
where the supply is not used for a domestic purpose or other
purpose approved by the Water Authority; or

(b)extend or alter an inside service for the supply of fresh water for any
purpose referred to in paragraph (a).

11. Hosepipe not to he connected to an inside service

(1) No person shall draw fresh water from an inside service by means of a
hosepipe or similar apparatus.

(2) Subregulation (1) shall not apply where fresh water is drawn by means of a
hosepipe or similar apparatus

(a)from a cold water storage cistern approved by the Water Authority
for that purpose; or

(b)for use in any type of domestic appliance or apparatus approved by
the Water Authority.

12. Use of fresh water for flushing

(1) If in any premises fresh water from the waterworks is, without the permission
in writing of the Water Authority, used for flushing water-closets, latrines or urinals,
the occupier and the owner of such premises shall be guilty of an offence.

(2) Where a contravention of subregulation (1) is committed, it shall be a good
defence---

(a)for the occupier to prove that the contravention was committed
without his knowledge or that he had taken reasonable steps to
prevent it;

(b)for the owner to prove that he has provided, or has taken reasonable
steps to provide, water (other than fresh water from the waterworks)
for flushing water-closets, latrines or urinals.

(3) For the purposes of this regulation and regulation 15(3)--

,,owner' includes any person holding the premises direct from the Crown

whether under lease, licence or otherwise, any mortgagee in possession and
any person receiving rent of the premises, solely or with another, on his own
behalf or that of any person, or who would receive the same if such premises
were let to a tenant, and the agent of an owner.





13. Use of water for air-conditioning plants, etc.

Except with the permission in writing of the Water Authority, no person
shall use water from the waterworks for-
(a) any heating, cooling or humidification plant; or
(b) any swimming pool.

14. (Repealed L.N. 252 of 1977)

15. Use of salt water for flushing

(1) The Water Authority may require the use of salt water for flushing
water-closets, latrines and urinals, and may supply salt water for such purpose.
(2) The pipes and fittings of water-closets, latrines and urinals in which
salt water is used for flushing shall be constructed of material that is suitable for
the use of salt water.
(3) Where under subregulation (1) the Water Authority requires the use
of salt water for flushing an existing water-closet, latrine or urinal in which
water other than salt water is used, the pipes and fittings of such water-closet,
latrine or urinal shall, if necessary, be replaced by the owner of the premises to
comply with subregulation (2).

16. (Repealed L.N. 85 of 1979)

17. Disconnection or reconnection of
supply at consumer's request

(1) A consumer who wants a fire service or inside service to be dis-
connected shall apply to the Water Authority in such form as may be specified
giving not less than 7 days' notice of the date on which the disconnection
is to be made.
(2) A consumer who wants a fire service or inside service, which has been
disconnected under subregulation (1), to be reconnected shall apply to the
Water Authority in such form as may be specified giving not less than 7 days'
notice of the date on which the reconnection is to be made.

18. Method of disconnection

(1) Disconnection of a fire service or inside service under section 10 or 19
of the Ordinance or regulation 17(1) or 28(1) may be effected by severing the
fire service or inside service from the main or by any other means as the Water
Authority thinks fit.





(2) A fire service or inside service which is disconnected under
subregulation (1) may be reconnected by the Water Authority-
(a)on compliance by the consumer or agent with any requirement of
the Water Authority relating to the reason for the disconnection;
and
(b)on payment of the charge for reconnecting a fire service or inside
service prescribed in Part 1 of Schedule 1.

PART 111

PIPES AND FITTINGS

19. Pipes and fittings

(1) Subject to subregulation (2), this Part and Schedule 2 shall apply to
any pipe or fitting installed or intended to be installed in any fire service or
inside service.
(2) This Part and Schedule 2 shall not apply to any pipe or fitting installed
before the commencement of these regulations in accordance with any
enactment then in force and no person shall be required to alter or renew any
such pipe or fitting unless such pipe or fitting is in the opinion of the Water
Authority so defective or in such condition as to cause, or be likely to cause,
waste, undue consumption or pollution of the supply.

20. Pipes and fittings to he of British Standard

(1) Subject to regulation 25, every pipe or fitting shall be of the British
Standard.
(2) Subregulation (1) shall apply only to so much of any British Standard
as relates to the size, nature, materials, strength, test requirements and
workmanship of any pipe or fitting and shall be deemed to be satisfied
notwithstanding any departure from such British Standard if that departure
does not in the opinion of the Water Authority adversely affect the efficiency or
suitability of the pipe or fitting for the purposes of these regulations.
(3) The Water Authority may at any time weigh, measure or otherwise
test any pipe or fitting to ascertain that it complies with the British Standard.

21. Testing and stamping of pipes and fittings

(1) The Water Authority may require any pipe or fitting, before it is
installed or used, to be tested.





(2) A pipe or fitting which is required to be tested under subregulation (1)
shall be delivered to the place specified by the Water Authority and such pipe or
fitting shall be tested on payment of the charge prescribed in Part 1 of Schedule 1.
(3) A pipe or fitting which is tested and approved may be stamped in such
manner as the Water Authority thinks fit.

22. Protection of pipes

A pipe made of galvanized wrought iron or steel if laid under the ground
shall be installed in such a manner that it does not come into contact with
concrete, cement mortar, lime mortar or plaster and shall be protected against
such contact by wrapping it with hessian or other suitable material and coating
it with bitumen or where such pipe passes through a wall or suspended floor it
may be protected against such contact by being carried through a sleeve or by
some other suitable means.

23. Booster pumps

(1) Except with the permission in writing of the Water Authority, no
person shall install or use a booster pump on a fire service or inside service.
(2) A booster pump shall not pump water direct from a main but from a
sump installed at a level at which it can be supplied with water from a main by
gravity. (L.N. 252 of 1977)

24. Other water using apparatus

An apparatus using water in respect of which no express provision is made
in these regulations or an apparatus for the treatment or filtration of water shall
not be installed or used without the permission in writing of the Water
Authority and he may require any such apparatus to be supplied with water
from a separate storage cistern.

25. Power to relax regulations

(1) The Water Authority may, either generally or in any particular case,
relax the provisions of these regulations regarding the size, nature, materials or
disposition of any pipe or fitting.
(2) The Water Authority may approve any pipe or fitting which is not of
the British Standard.
(3) Where water is-
(a) supplied through a meter;
(b) discharged into a cistern from a point not less than 150 mm
above the overflowing level thereof, and(L.N. 252 of 1977)





(c)conveyed therefrom for use in some industrial or research process
and is used solely in connection therewith,
the Water Authority may exercise his powers under subregulation (1) with regard
to any pipe or fitting installed or used for such purpose.

PARTIV

METERS

26. Installation of meters

(1) The Water Authority shall determine the size and the number of meters
which shall be installed on any fire service or inside service.

(2) All meters shall be provided and installed by the Water Authority on
payment of the charge prescribed in Part 1 of Schedule 1.

(3) If the seal fixed on a meter by the Water Authority is broken by any person
other than the Water Authority or any person authorized by him it shall be replaced
by the Water Authority and the consumer responsible for the custody of the meter
shall be liable to pay the charge prescribed in Part 1 of Schedule 1.

(4) No consumer shall permit any meter to be removed from a fire service or
inside service unless the person seeking to remove such meter presents to the
consumer a written authority from the Water Authority authorizing him to remove
such meter.

(5) The Water Authority may change a meter at any time.

27. Site of meters

The siting of a meter shall be determined by the Water Authority and he may
install the meter at a point most convenient to him on any wall (internally or
externally) of a building in which there is a fire service or inside service.

28. Damage to meters

(1) Where a meter is

(a)opened up whilst in the custody of the consumer other than by the
Water Authority or any person authorized by him;

(b) so used that water can be wasted, misused or unduly consumed;

(c) damaged by breaking the seal or lock on it or otherwise; or

(d)interfered with so that it impairs or falsities the measurement of
consumption,

the Water Authority may immediately disconnect the supply and repair the meter.





(2) Where a meter is damaged and the Water Authority is of the opinion
that such damage is not the result of fair wear and tear, or where a meter is
interfered with, the consumer responsible for the custody of the meter shall,
without prejudice to any penalty provided for the offence, be liable to pay-
(a) the charge prescribed in Part 1 of Schedule 1 for testing the meter;
(b) the cost of repairing the meter;
(c) any damage or loss suffered thereby by the Water Authority; and
(d)the charge prescribed in Part 1 of Schedule 1 for reconnecting the
fire service or inside service.

29. Reading of meters

(1) Meters shall be read at such intervals as the Water Authority may
direct.
(2) The reading taken as the last reading for any period shall be used as
the first reading for the period next following.

30. Testing of meters

(1) A consumer who doubts the accuracy of a meter which measures his
consumption may apply to the Water Authority in such form as may be
specified to have the meter tested and the Water Authority shall test the meter
in such manner as he thinks fit and the results of the test shall be binding on the
Water Authority and the consumer.
(2) A meter shall be deemed to register correctly if its inaccuracy does not
exceed 3 per cent above or below the correct amount.
(3) If a meter is found to register correctly the consumer shall pay the
charge prescribed in Part 1 of Schedule 1 for testing the meter, but no charge
shall be payable if the meter is found to over-register or to under-register.
(L.N. 219 of 1983)

31. Consumption where supply is not measured by meter

If a meter is found to be out of order or if it is removed for repairs or any
other purpose the consumption for the period during which supply is made
when the meter is out of order or removed shall be calculated-
(a)according to the average daily rate of consumption obtained
during the period between any successive readings whilst the
meter was in good order or prior to the removal of the meter; or
(b)at the discretion of the Water Authority, according to the average
daily rate of consumption during the period between any
successive readings immediately following the installation of a
new meter or the reinstallation of the old meter after repairs; or





(c)where it would be inappropriate to calculate the consumption in
the manner specified in paragraph (a) or (b), whether by reasons
of fluctuations in consumption or otherwise, in such manner as
may be agreed between the Water Authority and the consumer.
(L.N. 219 of 1983)

32. Private cheek meter
(1) A private cheek meter may, with the permission in writing of the
Water Authority, be installed on any part of an inside service.
(2) The Water Authority may at any time require a private check meter
installed under subregulation (1) to be tested, and the consumer shall, on
payment of the charge prescribed in Part I of Schedule 1, get the meter tested by
the Water Authority.
(3) The Water Authority shall, in assessing consumption at any inside
service, take no account of the readings of a private check meter.
(4) The Water Authority shall not be responsible for the accuracy of a
private check meter and where such meter is found to be operating
unsatisfactorily or restricting the supply to any premises the consumer shall, if
so required by the Water Authority, remove the meter.

PART V

LICENSING OF PLUMBERS

32A. Authority for grant of plumber's licence
(1) Plumber's licences may be issued by an officer designated for the
purpose by the Water Authority.
(2) The officer designated under subregulation (1) is referred to in this
Part as 'the licensing authority'.
(3) The licensing authority shall be assisted by an advisory board
appointed by the Water Authority and which shall have such members and be
appointed on such terms as the Water Authority may direct.
(4) In exercising his functions under this Part the licensing authority shall
consult the board appointed under subregulation (3).
(L.N. 219 of 1983)

33. Application for plumber's licence
(1) Any person who-
(a) holds a certificate frorn-
(i) The Institute of Plumbing; or
(ii) The Registered Plumbers Association of the United
Kingdom; or





(b) holds a certificate in plumbing or allied trades from-

(i) The Royal Society of Health;

(ii) The City and Guilds of London; (iii) The Hong Kong
Polytechnic; (iv) The Morrison Hill Technical Institute; or

(v) such other institution as the Governor may approve, may apply
to the licensing authority for a plumber's licence of any grade specified in regulation
35.

(2) Notwithstanding subregulation (1), any person who has knowledge of
plumbing may apply to the licensing authority for a plumber's licence of any grade
specified in regulation 35.

(3) Application for a plumber's licence shall be made in such form as may be
specified and which shall be accompanied by 2 copies of the applicant's photograph
of a size not greater than 50 x 50 mm or not less than 40 x 40 mm. (L.N. 252 of 1977)

34. Issue of plumber's licence

(1) On receipt of an application under regulation 33(1) and the fee prescribed in
Part 1 of Schedule 1 the licensing authority may issue a plumber's licence if he is
satisfied that the applicant has adequate knowledge of the Ordinance relating to a
fire service and inside service.

(2) On receipt of an application under regulation 33(2) and the fee prescribed in
Part 1 of Schedule 1 the licensing authority may issue a plumber's licence if he is
satisfied that the applicant has adequate knowledge of

(a)the type of work involved in respect of the grade of licence for which
application is made; and

(b) the provisions of the Ordinance relating to such work.

(2A) Without prejudice to any other steps which the licensing authority may
take for the purpose of satisfying himself that an applicant for a plumber's licence
has the knowledge required by subregulation (1) or (2), the licensing authority may
require any such applicant to pass an examination held for the purposes of this
regulation. (L.N. 40 of 1985)

(2B) An applicant for a plumber's licence who is required to undergo an
examination pursuant to subregulation (2A) shall pay the examination fee prescribed
in Part 1 of Schedule 1. (L.N. 40 of 1985)

(3) The licensing authority may renew a plumber's licence on receipt of an
application in such form as may be specified and the fee prescribed in Part 1 of
Schedule 1.

(4) An applicant for a plumber's licence who is aggrieved by the refusal of the
licensing authority to issue or renew a plumber's licence or by any limitation or
condition imposed by the licensing authority on the issue of a plumber's





licence may, within 14 days after the receipt of a notice of such refusal or the
imposition of the limitation or condition, appeal to the Water Authority whose
decision shall be final.

35. Grades of plumbers' licences

(1) A plumber's licence issued under regulation 34 may be of any of the
following grades and shall be valid for the type of work indicated therein

(a) Grade I-For the construction, installation, maintenance,

alteration, repair or removal of a fire service or inside
service of any type.
(b) Grade II-(i)For the maintenance and repair of a fire service or
inside service; and

(ii)for the installation, maintenance, repair or removal
of water appliances.

(2) The licensing authority may impose any limitation or condition as he thinks
fit on the type of work which may be carried out by a holder of a plumber's licence.

36. Plumber's licence

(1) A plumber's licence shall be in such form as may be specified.

(2) Subject to regulation 37, a plumber's licence shall be valid up till and
including 31 December in the year in which it is issued and may be renewed annually
under regulation 34(3) for a further period of 12 months from the date of expiry.

37. Power to cancel plumber's licence

(1) The licensing authority may cancel a plumber's licence at any time if

(a)he is satisfied that the plumber's licence was obtained by
misrepresentation or fraud; or

(b)the holder contravenes any of the provisions of the Ordinance in
respect of the construction, installation, maintenance, alteration,
repair or removal of a fire service or inside service.

(2) The licensing authority may suspend a plumber's licence for any period not
exceeding 6 months for any contravention specified in subregulation (1)(b).

(3) Any person who is aggrieved by the cancellation or suspension of a
plumber's licence may, within 14 days after the receipt of the notice of cancellation or
suspension, appeal to the Water Authority whose decision shall be final.





38. Persons carrying on plumbing business

(1) Any person, not being a licensed plumber, who-

(a)carries on business of plumbing for the purposes of the Ordinance;
and

(b) employs any licensed plumber for the purposes of such business,
shall be deemed to be a licensed plumber.

(2) Every person who is deemed to be a licensed plumber under subregulation
(1) shall, within 14 days after the end of every year, submit to the licensing authority
the name of every licensed plumber employed by him.

(L.N. 219 of 1983)

PART VI

PUBLIC
STANDPIPES

39. Use of public standpipes

(1) Fresh water from a public standpipe shall be taken away only in a bucket or
any other suitable receptacle and in such a manner as to prevent waste.

(2) No person shall draw water from a public standpipe by means of a hosepipe
or similar apparatus.

(3) No person, other than the Water Authority or a person authorized by him,
shall prevent any other person from taking water from a public standpipe.

PART VII

FISHING

40. Interpretation

For the purposes of this Part-
,,authorized officer' means a-

(a) police officer;

(b) justice of the peace;

(c)fisheries officer or fisheries inspector under the Fisheries Protection
Ordinance(Cap. 17 1);

(d) nature warden or honorary nature warden under the Wild
Animals Protection Ordinance (Cap. 170); (58 of 1980 s. 17)

(e) forest officer under the Forests and Countryside Ordinance (Cap.
96); or
person authorized in writing by the Water Authority;





'fishing licence' means a licence issued under regulation 42;
'toxic substance' means any substance specified in the Schedule to the Fisheries
Protection Ordinance(Cap. 17 1).

41. Fishing under licence

(1) No person shall fish in waters forming part of the waterworks except
under and in accordance with the terms of a fishing licence.
(2) No person shall catch fish in waters forming part of the waterworks
by any means other than by rod and line.
(3) No person shall use any explosive or toxic substance to catch or
destroy fish in waters forming part of the waterworks.

42. Issue of fishing licence

(1) The Water Authority may, on payment of the fee prescribed in Part 1
of Schedule 1, issue a licence to fish in waters forming part of the waterworks.
(2) A fishing licence shall-
(a) be in such form as may be specified;
(b) be valid for the period of time stated therein;
(c) be for the use of one rod and line;
(d) not be transferable; and
(e) be subject to any other condition stated therein.

43. Powers of inspection and arrest

(1) If an authorized officer finds a person fishing or has reasonable
grounds for believing that a person has been fishing or is about to fish in waters
forming part of the waterworks he may require such person to produce for
inspection his fishing licence.
(2) If an authorized officer has reasonable grounds for believing that a
person has committed an offence under regulation 44, he may-
(a) arrest such person;
(b) seize any fish in his possession; and
(c)seize any net or other appliance or thing for catching or
destroying fish, whether in the possession of such person or not,
in respect of which he has reason to believe the offence has been
committed.
(3) Where an authorized officer arrests a person under subregulation (2)
he shall forthwith take such person to the nearest police station and shall there
hand him over to the custody of a police officer and thereupon the provisions of
section 52 of the Police Force Ordinance (Cap. 232) shall apply.





44. Offences

Any person who

(a) contravenes regulation 41;

(b) contravenes any condition of a fishing licence;

(e)without lawful excuse fails to comply with a requirement of an
authorized officer under regulation 43(1); or

(d)wilfully resists or obstructs an authorized officer in the exercise of
his powers under regulation 43(2) and (3),
shall be guilty of an offence and shall be liable on summary conviction to a fine
of $4,000.

(L.N. 219 of 1983)

45. Revocation or suspension of fishing licence

If any condition of a fishing licence is contravened, the Water Authority may,
without prejudice to the liability of any person for the contravention, revoke or
suspend the fishing licence.

PART VIII

MISCELLANEOUS

46. Charges for water

The Water Authority shall charge the rates specified in Part III of Schedule 1 for
fresh water supplied under the Ordinance.

(L.N. 85 of 1979)

46A. (Expired on 1.4.84)

46B. Examination of water sample

(1) The Water Authority shall, upon being requested to do so and upon
payment of the fee prescribed in Part IV of Schedule 1, carry out an examination of a
water sample from any supply and shall issue to the person who requested the
examination a report of the results of such examination.

(2) An additional copy of any report issued under subregulation (1) may be
issued to any person requesting the same upon payment of the fee prescribed in
Part IV of Schedule 1.

(L.N. 40 of 1985)





47. Prohibition of sale of water

(1) Subject to subregulation (2), no person shall, without the permission in
writing of the Water Authority, sell or offer for sale water from the waterworks.

(2) Subregulation (1) shall not apply to a consumer of an inside service who
recovers the cost of water from any person

(a) who occupies the premises in which the inside service exists; and

(b)who uses in such premises water which is supplied through the
inside service.

48. Validity of notices

Any notice, form or other document under the Ordinance may bear the name of
the Water Authority or other person authorized by him and every such notice, form
or other document shall be valid if the name of the Water Authority or such
authorized person is printed thereon.

49. Service of notice, etc.

(1) Any notice, form or other document under the Ordinance may be served

(a)by delivering it personally to the person on whom it is to be served;

(b)by sending it by post to the last known address of the person on
whom it is to be served;

(c)by leaving it at the residence or place of business of the person on
whom it is to be served; or

(d)by posting it in a conspicuous place upon the premises to which it
relates.

(2) Notwithstanding subregulation (1), where a notice is of general application
to consumers or agents the notice may be published in such English and Chinese
language newspapers circulating in Hong Kong as may be approved for the purpose
by the Water Authority.

50. Time limit for payment of charges

and levy of surcharge

(1) Payment of a charge due shall be made on or before the date specified in the
notice of demand. (L.N. 118 of 1988)

(2) Where a charge remains unpaid for a period of 6 months, or less, from the
date specified in the notice of demand, the Water Authority or Director of
Accounting Services may add to the unpaid charge a surcharge not exceeding 5% of
the unpaid charge and recover the total amount of the unpaid charge and surcharge.
(L.N. 16 of 1977)





(3) Where a charge remains unpaid for a period exceeding 6 months from the
date specified in the notice of demand, the Water Authority or Director of
Accounting Services may add to the total amount of- (L.N. 16 of 1977)

(a) the unpaid charge; and

(b)any surcharge added thereto under subregulation (2), a further
surcharge not exceeding 10% of the total amount and recover the
total amount and further surcharge.

51. Penalty

(1) Any person who contravenes regulation 9, 10, 11, 13, 14(2), 15(2) or (3), 23,
24, 26(4), 38(2), 39 or 47 or any requirement of the Water Authority under regulation
15(1), 21, or 32(2) or (4) shall be guilty of an offence.

(2) Any person who is guilty of an offence under these regulations shall be

liable on summary conviction to a fine of 54,000.(L.N. 219 of 1983)

52. Saving

Any

(a) notice or account;

(b) permission; or

(c) plumber's licence or fishing licence, given, granted or issued by the
Water Authority under the revoked Waterworks Regulations (Cap. 102 sub. leg.
1964), and in force at the commencement of these regulations, shall be deemed to
have been given, granted or issued under these regulations.

53. Transitional

The charges in force under regulation 46 immediately before

(a)1 April 1985 shall apply in relation to any bill of charges for a period
of supply which includes 31 March 1985, notwithstanding anything
in the Waterworks (Amendment) Regulations 1985 (L.N. 40 of 1985);
(L.N. 40 of 1985)

(b)1 April 1986 shall apply in relation to any bill of charges for a period
of supply which includes 31 March 1986, notwithstanding anything
in the Waterworks (Amendment) Regulations 1986 (L.N. 73 of 1986);
(L.N. 73 of 1986)

(c)1 April 1987 shall apply in relation to any bill of charges for a period
of supply which includes 31 March 1987, notwithstanding anything
in the Waterworks (Amendment) Regulations 1987

(L.N. 78 of 1987);(L.N. 78 of 1987)





(d)1 April 1988 shall apply in relation to any bill of charges for a period
of supply which includes 31 March 1988, notwithstanding anything
in the Waterworks (Amendment) Regulations 1988 (L.N. 99 of 1988);
(L.N. 99 of 1988)

(e)1 April 1989 shall apply in relation to any bill of charges for a period
of supply which includes 31 March 1989, notwithstanding anything
in the Waterworks (Amendment) Regulations 1989

(L.N. 84 of 1989).(L.N. 84 of 1989)

SCHEDULE1 [regs. 4,6,8,18,
21,26,28,30,
32, 34, 42 461
PART 1
FEES AND CHARGES

Fees and charges payable under the regulations shall be-

1. Under regulation 6(5):

Making a connection to the main and installing (including reinstatement of the ground

surface) the part of a fire service or inside service on land held by the Crown

For any For each
length of 30 metre or part
metres and of a metre in
below excess of 30
metres
(a) Pipes of any size up to and including 20 mm in
diameter-
(i) where the total length of the pipes installed does
not exceed 100 metres .......$570.00 $NIL
(ii) where the total length of the pipes installed
exceeds 100 metres ..........$570.00 $NIL up to
l00m
$24 in excess
of 100m

(b) Pipes above 20 nun in diameter up to and including
25 nun in diameter ......... $900.00 $35.00
(c) Pipes above 25 nun in diameter up to and including
40 mm in diameter ..........$1,200.00 $50.00
(d) Pipes above 40 mm, in diameter up to and including
50 ram in diameter .........$1,800.00 $65.00
(e) Pipes above 50 mm. in diameter up to and including
80 nun in diameter .........$2,800.00 $95,00
(f) Pipes above 80 mm. in diameter up to and including
100 nun in diameter ........$3,500.00 $100.00

2.Under regulations 18(2) and 28(2):
Reconnecting a fire service or inside service $130.00

3.Under regulation 26(2):
Providing and installing a meter $100.00

4.Under regulations 4(3) and 26(3):
Resealing a fire service or meter $95.00





For any For each
length of 30 metre or part
metres and of a metre
below excess of 30
metres

5.Under regulations 28(2), 30(3) and 32(2):
Testing a meter or a private check meter (including removal and
refixing)-

(a) any size up to and including 80 nun in diameter $300.00
(b) above 80 mm in diameter up to and including 100 mm in diameter $700.00
(c) above 100 mm in diameter up to and including 150 ram in diameter $1,150.00
(d) above 150 mm in diameter up to and including 200 mm in diameter $1,400.00

6.Under regulation 34(1) and (2):
Plumber's licence .................................................$40.00
7. Under regulation 34(2B):
Plumbers' licence examination .....................................$400.00
8. Under regulation 34(3):
Renewal of plumber's licence ......................................$30.00
9. Under regulation 42:
Fishing licence ...................................................$20.00

PARTII

SUPERVISION CHARGE

(Regulation 8)

The charge for supervision of work carried out by the Water Authority, other than work for
which a fee is prescribed in this Schedule, shall be 20 % of the actual cost of such work.

PART III

CHARGE FOR FRESH WATER

(Regulation 46)

1 The charge for fresh water, filtered or filtered, per unit of 1 cubic metre (1000 litres) shall
be----

Charge
per unit
(a) for construction purposes........................................$4.13
(b) for domestic purposes (other than flushing), per 4 month period-
(i) for the first 17 units........................................$NIL

(ii) for the next 17 units ........................................$1.47

(iii) for the next 26 units ........................................$2.66

(iv) for the next 26 units ........................................$4.13

(v) for the remainder ........................................$5.79


(C) for flushing purposes, per 4 month period-
(i) for the first 30 units........................................$NIL

(ii) for the remainder ........................................$2.66





Charge
per unit

(d) for shipping purposes referred to in paragraph (a) of the definition of
'shipping purpose'.............................................$5.79

(e) for shipping purposes referred to in paragraph (b) of the definition of
'shipping purpose'.............................................$2.66

(f) for trade purposes.............................................$2.66

(g) for any purpose (other than shipping purposes referred to in
paragraph (a) of the definition of 'shipping purpose') where
payment is made against a prepaid ticket issued by the Director of
Accounting Services............................................$2.66

2. Where a charge under item 1(b) or item 1(c) of this Part is calculated on a computerized basis,

a reference in that item to '4 month period' shall be read as a reference to 121.64 days.

PART IV
CHARGES FOR EXAMINATION OF WATER
(Regulation 46B)
1.The charge for examination of a water sample shall be---
Charge
where sample
delivered to
Water Authority
(a) for a general chemical analysis (comprising all standard tests*).....$1,250.00
(b) for an individual standard test*.....................................$ 105.00
(c) for a non-standard test (other than a non-standard test referred
to in paragraph (d) or (e)) .........................................$215.00
(d) for a British Pharmaceutical test for water for injection purposes...$495.00
(e) for a general bacteriological examination............................$240.00
2.Charge for each attendance to collect any sample or samples..............$550.00
3.Charge for additional copy of examination report.........................$5.00

*For the purpose of this Part, 'standard test' means a test to determine any one of the following-


Turbidity; Nitrite nitrogen;Total alkalinity;
Ortho-phosphate; pH value;Nitrate nitrogen;
Total hardness; Fluorides; Colour;
Oxygen absorbed value; Calcium;Iron;
Conductivity; Suspended solids; Magnesium;
Manganese; Arnmoniacal nitrogen;Dissolved solids;
Chlorides; Aluminium; Alburninoid nitrogen;
Residual chlorine; Sulphates;Silica.

(L.N. 84 of 1989)





SCHEDULE 2 [reg. 19]

PART 1

PIPES AND FITTINGS

1. (1) Pipes on a fresh water fire service shall be made of cast iron, wrought iron, steel or
copper.

(2) Pipes and fittings on a salt water fire service shall be made of such material as the Water
Authority, on consultation with the Director of Fire Services, thinks fit.

(3) Pipes on a fresh water inside service shall be made of cast iron, asbestos cement, wrought
iron, steel or copper.

(4) Pipes on a salt water inside service shall be made of cast iron, asbestos cement or
unplasticized P.V.C.

2. No pipe shall be less than 20 ram diameter, except that a branch pipe may be 15 mm diameter
if the pipe run is short and the pipe supplies only one draw-off point.

3. No bend or curve shall be made in any pipe so as to diminish the waterway or alter the internal
diameter of the pipe in any part.

4. Changes of direction for a pipe of less than 40 nun diameter shall be effected by slow bends
and no elbows shall be used.

5. (a)Cast iron pipes shall comply with BS 4622 for grey iron pipe and with BS 4772 for

ductile iron pipe, except that they may incorporate a mechanical or automatic joint
of approved design.

(b)Cast iron pipes to BS 4622 and ductile iron pipes to BS 4772 shall be of a class
appropriate to the duty required.

6.Asbestos cement pipes shall comply with BS 486 and shall be of Class 20 or 25 as may be

appropriate to the duty required-

7. Cast iron fittings for use with cast iron or asbestos cement pipes shall comply with BS 4622
for grey iron fittings and with BS 4772 for ductile iron fittings, except that they may
incorporate a mechanical joint of approved design, or be plain ended in the case of fittings for
asbestos cement pipes. Fittings shall be of a class appropriate to the duty required.

8. (Repealed L.N. 252 of 1977)

9. Steel pipes shall be galvanized and shall comply with BS 1387 for 'Medium' tubes and tubulars.

10. Malleable cast iron fittings for use with wrought iron or steel pipes shall be galvanized and
shall comply with BS 143 or 1256 for malleable cast iron and cast copper alloy pipe fittings.

11. Wrought fittings of iron or steel for use with wrought iron or steel pipes shall be galvanized
and shall comply with BS 1740, Part 1 for wrought iron pipe fittings.

12. Unplasticized P.V.C. pipes and fittings shall comply with BS 3505 for Class 'D' tubes or
equivalent.

13. Copper pipes incorporating screw joints shall comply with BS 2871, Part 2, for copper tubes
(heavy gauge) for general purposes and screw thereof shall comply with BS 61, for screw threads
for copper tubes.

14. Copper alloy pipe fittings and copper alloy three piece unions, for copper pipes screwed in
accordance with Table 1 of BS 61, shall comply with BS 66 and BS 99.





15. Cast copper alloy fittings, for copper pipes screwed in accordance with Table 1 of BS 61,
shall comply with the relevant requirements of BS 143 or 1256 for malleable cast iron and cast
copper alloy pipe fittings.

16. Copper pipes to be jointed with compression fittings or capillary fittings or by bronze or
autogenous welding shall comply with BS 2871, Part 1.

17. Capillary fittings or compression fittings shall comply with BS 864, Parts 2 and 3 for
capillary and compression fittings of copper and copper alloy and compression fittings for pipes
laid under the ground shall be Type B.

(L.N. 252 of 1977)

PART II

TAPS AND VALVES

1 Draw-off taps and stop valves of the ordinary screw-down pattern and of nominal size not
exceeding 50 nun shall comply with BS 10 10, Part 2 for draw-off taps and stop valves.

2. Draw-off taps and stop valves not being of the ordinary screw-down pattern, shall be capable
of resisting a pressure of at least 2 000 kPa, and every valve, spindle, and other internal part and,
where the nominal size of the tap or valve does not exceed 50 mm the body thereof, shall be
made of a corrosion resisting alloy.

3. Sluice valves of nominal size of 50 mm or more shall comply with BS 5163 for sluice valves
for waterworks purposes of PN 10 or PN 16 according to the pressure to which the valve will be
liable to be subjected under working conditions.

4. (1) Ball valves of the 'Piston' type and of a nominal size not exceeding 50 nun shall comply
with BS 1212, Part 1 for ball valves.

(2) Ball valves not being of the 'Piston' type shall be sound and suitable and comply with
the following requirements

(a)high pressure valves shall close against a test pressure of 1400 kPa, medium
pressure valves against a test pressure of 700 kPa, low pressure valves against a test
pressure of 300 kPa; and the valves, not being valves having an interchangeable
orifice seating, shall have the letters 'H.P .... .. M.P.' or 'L.P.' respectively cast or
stamped on the body of the fitting, and shall, while held in a closed position, be
capable of resisting a pressure of 2 000 kPa;

(b)valves of the piston type shall be provided with a washer of suitable vulcanized
rubber or some other equally suitable material, and, for valves of nominal sizes not
exceeding 50 mm the washer shall be enclosed in an internally flanged cap screwed
to the piston;

(c)valves of nominal size not exceeding 50 nun, the body and the piston shall be of a
corrosion-resisting alloy, the lever shall be of corrosion-resisting alloy or of copper
and shall be of sufficient rigidity not to bend permanently under working
conditions;

(d)valves of ferrous metal of a nominal size exceeding 50 mm shall be provided with a
flange on their inlets complying with BS 4504, Part 1, Table 16, shall be protected
against corrosion by dipping in accordance with the requirements of BS 4164 or by
galvanizing in accordance with the requirements of BS 1387 and shall have all their
working surfaces lined or faced with, and its orifice seating of, a corrosion-resisting
alloy.

(3) Ball valve floats of a nominal outside diameter not exceeding 300 nun shall comply with
BS 1968 for copper floats or with BS 2456 for plastic floats.

(4) Ball valves when fixed to a cistern shall have the size of the orifice, the size of the float
and the length of the lever so proportioned to one another that, when the float is immersed to
an extent not exceeding half its volume, the ball valves shall be watertight against the highest






pressure at which it may be required to work.





5. Ball valves or float-operated valves fitted to storage cisterns shall be securely and rigidly fixed
thereto above the water-line, and shall be supported independently of the inlet pipe (unless such
inlet pipe is itself rigid and rigidly fixed to the cistern), in such a position that no part of the
body of the valve will be submerged when the cistern is charged to overflowing level.

6. Where a ball valve or float-operated valve is provided with a pipe so arranged as to discharge
water into a cistern below its overflowing level, an air hole shall be provided in the outlet
chamber of the valve above such level of a size sufficient to prevent siphonage of water back
through the valve.

7. No ball valve shall be fitted to a storage cistern to contain heated water.

8. Gate valves shall comply with BS 5 154 for copper alloy gate valves for general purposes.

9. Fitting with threaded outlets, or any device facilitating the connecting of rubber or other type
flexible hose, shall not be permitted, except with the written permission of the Water Authority.

10. Draw-off taps, valves and valve floats for use with salt water shall, where applicable, comply
with the British Standard and other requirements for such fittings for use with fresh water and
shall, in addition, be manufactured from materials capable of withstanding the corrosive effect of
salt water.

11. No draw-off tap or valve shall be installed or used unless it has been tested and stamped in
accordance with regulation 21 or otherwise approved by the Water Authority.

(L.N. 252 of 1977)

PART III

COLD WATER STOP-AGE CISTERNS

1. No cistern for the storage of cold water shall be installed or used except with the permission in
writing of the Water Authority who shall specify the maximum permitted capacity.

2. Every cistern shall be watertight, of adequate strength, properly supported and shall be
constructed of concrete, galvanized iron or steel or other approved material.

3. A cistern of mild steel not exceeding 5 000 litres capacity shall comply with BS 417, Part 2
for galvanized mild steel cisterns.

4. (a) Every cistern shall be located so as to minimize the risk of contamination of the

stored water and shall be fitted with suitable close fitting lockable covers which shall
not be air-tight. Covers shall be positioned so as to facilitate inspection and cleaning.

(b)Where a storage cistern for non-potable water is placed adjoining to a storage cistern
for potable water there shall be an air space between such storage cisterns.

5. Cisterns shall he fitted with a ball valve controlled inlet in the case of a gravity supply or with
an automatic control switch in the case of a pumped supply. The ball valve or control switch
shall shut off the supply when the water level is 25 mm below the invert of the overflow pipe.
The invert of the inlet pipe or the face of the outlet nose of the ball valve shall be not less than
25 nun above the top of the overflow pipe.

6. An overflow pipe of one commercial size larger than the inlet pipe, and in no case less than 25
mm diameter, shall be fitted to each cistern and shall be extended to terminate in a conspicuous
position. No overflow pipe shall be connected to a drain, sewer or to the overflow pipe from any
other cistern.

7. A stop valve shall be provided on the outlet of every cistern and provision shall be made for a
drain-off pipe to enable the cistern to be emptied.

8. No cistern for the storage of fresh water supplied from the waterworks shall, without the
written permission of the Water Authority, be so connected that it can be used for the storage of
any water other than that supplied from the waterworks.











9. Every cistern shall be installed so that it is easily accessible for cleaning or repair. Where a
cistern is installed inside a building and, due to limited headroom available, it is fixed with limited
clearance from the ceiling or underside of the roof, a quickly detachable fitting must be used to
enable it to be easily removed for cleansing and repair.

10. Safe access shall be provided to all cisterns by means of a secure permanent ladder or readily
available portable ladder.

(L.N. 252 of 1977)

PART IV

WATER HEATERS

1. (1) Subject to subparagraph (2), a water heater shall be supplied with water from a cold water
storage cistern.

(2) The following types of water heaters may, with the written permission of the Water
Authority, be connected direct to a main

(a)non-pressure type water heaters where no restriction of flow can be effected beyond
the inlet control valve;

(b) cistern type water heaters;

(c)instantaneous water heaters where the guaranteed test pressure of the water heater is
at least 11 times the static head available at the water heater.

(3) Where a water heater is connected direct to a main-

(a)every draw-off point of the water heater shall be not less than 15 mm above the
lowest part of the top edge of the receptacle supplied from the water heater;

(b)if it is a water heater burning gas, the construction of the water heater shall be such
that no leakage of gas into the water can occur;

(c)if it is a water heater using electricity, the construction of the water heater shall be
according to the relevant British Standards.

2. Where mixing valves, showers or water blenders are installed, the cold water supply to these
fittings shall be from the same cold water storage cistern or main that supplies the water heater
and the installation shall be such that the hot water flow will stop before that of the cold water in
the event of a failure in the water supply.

3. Every water heater of the thermal storage type shall be provided with an individual expansion
pipe taken from its highest point and shall continuously rise without obstruction until it
discharges to atmosphere above the storage cistern at a sufficient height to prevent a constant
out-flow of hot water therefrom.

4. No tap or other means of drawing off water (other than a screwed plug with a removable key
for emptying the system for cleansing or repair) shall be connected to any part of the hot water
system below the top of the hot water cylinder in such a way that the level of the water in the
cylinder can be lowered.

5. No tap used for the purpose of drawing hot water shall be fixed at a greater distance (measure
along the axis of the pipe by which the tap is supplied) from a water heater or hot water cistern,
cylinder or tank, or from a flow and return system, than the distance appropriate to the largest
internal diameter of any part of the said pipe as shown in the following table

TABLE

Largest internal diameter of pipe Distance in metres

(a) Not exceeding 20 nun ...........................12
(b) Exceeding 20 mm but not exceeding 25 mm ........8
(c) Exceeding 25 mm ...............................3

6. A loose jumper type valve shall be fitted on the inlet of every water heater if a non-return valve
is not incorporated in such water heater.





7. Pipes used for conveying hot water shall be of galvanized steel, galvanized wrought iron,
copper, or of some corrosion-resisting alloy:

Provided that cast iron pipes of not less than 50 mm internal diameter may be used if
suitable provision for their expansion is made.

8. Every hot water cylinder or tank of a capacity of not less than 100 litres shall

(a)if made of mild steel, comply with the requirements for cylinders or tanks, as the
case may be, of BS 417, Part 2 for galvanized mild steel cisterns, tanks and
cylinders or with BS 1565, Part 2 for galvanized mild steel indirect cylinders; and

(b)if made of copper, comply with BS 699 for copper cylinders for domestic purposes
or with BS 1566, Parts 1 and 2 for copper indirect cylinders.

9. Every water heater of thermal storage type or the calorifier type shall comply with the
requirements of BS 843 for stationary non-instantaneous electric water heater or with BS 853 for
hot water calorifiers respectively.

10. Every water heater burning gas shall comply with BS 1250: (Part 1 and Part 3) for domestic
appliances burning gas.

(L.N. 252 of 1977)

PART V

FLUSHING APPARATUS

1 Every flushing cistern shall be of the valveless syphonic type unless otherwise approved by
the Water Authority. A stop valve shall be fixed in a readily accessible position so as to control
the supply to the cistern.

2. Flushing cisterns for water-closet fitments and slop sinks shall be capable of giving a flush of
not less than 9 litres and not more than 15 litres of water on each occasion such fitment is used.

3. The capacity of the flushing cistern in the case of trough water-closets and urinals shall be
approved by the Water Authority subject to the discharge in the case of trough water-closets
being not less than 9 litres of water for every metre of the channel and the discharge in the case
of urinals being not less than 4.5 litres of water for every basin or stall, or in the case of a trough
urinal, every metre thereof.

4. The internal diameter of flushing pipes shall

(a)in the case of water-closet fitments, trough water-closets and slop sinks, be not less
than 30 mm;

(b)in the case of urinals (other than trough urinals), he not less than 15 mm for each
basin and stall; and

(c) in the case of trough urinals, be not less than 15 mm for every metre thereof.

5. Every flushing apparatus shall be operated by hand, except in cases where written permission
from the Water Authority has been granted for the installation of automatic flushing. In such
cases the method of control and the amount and frequency of the flushes shall be decided by the
Water Authority.

6. Every flushing cistern operated by hand shall be provided with a ball valve so arranged as to
refill the cistern within 2 minutes.

7. Flushing cisterns shall in all case be supplied from storage cisterns and such storage cisterns
shall not be used to supply any other apparatus, appliance or fitting. Every such cistern shall be
fitted with a suitable close fitting cover and provided with adequate access to enable the cistern to
be entered and cleaned.

8. Every flushing cistern shall have an overflow which shall discharge in a conspicuous position.







9. Flushing apparatus without flushing cisterns shall not be used.

(L.N. 252 of 1977)





PART VI

BATHS LAVATORY BASINS AND SINKS

1. Every inlet to a bath, lavatory basin or sink shall be distinct from, and unconnected with, any
outlet therefrom and every outlet for emptying such bath, lavatory basin or sink shall be
provided with a well-fitting and easily accessible watertight plug or some other equally suitable
apparatus.

2. The level of the point of discharge of hot or cold water to a bath, lavatory basin or sink shall
be above the level of the overflow, or if there be no overflow, of the top edge of the bath, basin
or sink.

3. The water supply to any bidet, sitz bath, slop or sluicing sink or similar apparatus, shall, if the
inlet is liable to be submerged, be provided by(a) a storage cistern supplying water to such
apparatus only; (b) a storage cistern for flushing purposes only; or (c) a hot water distribution
system supplying such apparatus only.

4. All taps supplying baths, lavatory basins, sinks or similar apparatus shall have a stop valve
fixed in a readily accessible position to control the supply to each fitting or branch pipe
supplying a range of fittings.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2449

Edition

1964

Volume

v8

Subsequent Cap No.

102

Number of Pages

30
]]>
Tue, 23 Aug 2011 18:07:15 +0800
<![CDATA[WATERWORKS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2448

Title

WATERWORKS ORDINANCE

Description






LAWS OF HONG KONG

WATERWORKS ORDINANCE

CHAPTER 102





CHAPTER 102

WATERWORKS ORDINANCE

ARRANGEMENT OF SECTION

Section Page

PART 1

PRELIMINARY

1. Short title ................................ ... ... ... ... ... ... 3
2. Interpretation ............................. ... ... ... ... ... ... ... 3

PART 11

DUTIES AND POWERS OF WATER
AUTHORITY

3...............Control of waterworks ......... ... ... ... ... ... ... ... ... ... 5

4....................Duties of the Water Authority ... ... ... ... ... ... ... ... ... 5
5....................Delegation by the Water Authority ... ... ... ... ... ... ... ... 5

6........................Power of Governor to give directions ... ... ... ... ... ... ... 5

7......................Approval of consumer and agent ... ... ... ... ... ... ... ... 6
8......................Refusal of a connexion or reconnexion ... ... ... ... ... ... ... 6
9......................Restriction or suspension of a supply ... ... ... ... ... ... ... 7

10. Disconnexion of a fire service or inside service ... ... ... ... ... ... 7

11............................Notice of restriction, suspension or disconnexion ... ... ... ... ... 7

12...................Power of entry into premises ... ... ... ... ... ... ... ... ... 8

13............Public standpipes ............... ... ... ... ... ... ... ... ... ... 9

PART III

FIRE SERVICES AND INSIDE
SERVICES

14...............................Construction, etc., of fire services and inside services ... ... ... ... 9

is........................Construction, etc. by licensed plumbers ... ... ... ... ... ... ... 9

16...............................Water Authority may require repairs to be carried out ... ... ... ... 10
17...............................Cost of constructing, etc., fire services and inside services ... ... ... 10

18...............Supply to be metered ......... ... ... ... ... ... ... ... . ... 10

PARTIV

DEPOSITS AND CHARGES

19........Deposits ............................ ... ... ... ... ... ... ... ... 10

20...............Liability for charges ........ ... ... ... ... ... ... ... ... ... 11

21............Unpaid charges .................. ... ... ... ... ... ... ... ... 11

22.................Reduction etc., of charges ... ... ... ... ... ... ... ... ... ... 12







PART V

GATHERING GROUNDS

23...................Mapping of gathering grounds ... ... ... ... ... ... ... ... ... 12

24..........................Control of leased land in gathering grounds ... ... ... ... ... ... 12
25..........................Carrying out of work by Water Authority ... ... ... ... ... ... 13

26............Compensation .................... ... ... ... ... ... ... ... ... 13

27..........................................Compensation to be paid from funds provided by the Legislative Council 14





Section...................................... Page
PART VI

MISCELLANEOUS

28....................Waste or misuse of a supply ... ... ... ... ... ... ... ... ... 14
29..................Unlawful taking of water ... ... ... ... ... ... ... ... ... ... 14
30.........Pollution ....................... ... ... ... ... ... ... ... ... ... 14
31....................Damage, etc., to waterworks ... ... ... ... ... ... ... ... ... is
32...........Obstruction ................... ... ... ... ... ... ... ... ... ... 15
33. Cost of repairing damage and recovery of damages or loss ... ... ... 15
34.........................Presumptions and evidence in writing ... ... ... ... ... ... ... is
35. Penalties ................................. ... ... ... ... ... ... ... 16
36. Power of arrest ........................ ... ... ... ... ... ... ... 16
37. Regulations ............................ ... ... ... ... ... ... ... 16
38. Water Authority may specify notices and forms ... ... ... ... ... ... 17
39. Transitional and saving provisions......... ... ... ... ... ... ... ... 18





CHAPTER 102

WATERWORKS

To repeal and replace the Waterworks Ordinance 1938.

[1st January, 1975.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Waterworks Ordinance.

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

'agent' means a person who is approved under section 7 as an agent
of a communal service;

'charge' means any charge for water, any fee, the cost of repairs or other
works carried out by the Water Authority under section 17, and any
other charge, including a surcharge, which is payable under this
Ordinance;

'communal service' means that part of a fire service or inside service
which is used in common by more than one consumer in the same
premises;

'connexion to the main' means the pipe between the main and the
control valve which is nearest to the main and which regulates the
flow of a supply from the main into a fire service or inside service,
such control valve and all fittings between such control valve and
the main;

'consumer' means a person who is approved under section 7 as a
consumer of a fire service or inside service;

'consumption' means the supply obtained;

'deposit' means a deposit under section 19;

'domestic purpose' means a purpose connected solely with the
occupation of a dwelling-house and does not include a purpose
connected with a garden, lawn, playground or swimming pool
appurtenant to a dwelling-house;

'fire service' means the pipes and fittings in premises, and any pipes
and fittings between the premises and a connexion to the main,
which are used or are intended to be used for a supply solely for the
purposes of fire fighting;

'fitting' means



(a)any apparatus, cistern, cock, equipment, machinery, material,
tank, tap and valve; and

(b)any appliance or device other than a meter,
which is installed or used in a fire service or inside service;





'gathering ground' means any surface of land-

(a)in or by which rain or other water is collected and from which
water is, or is intended to be, drawn for the purposes of a
supply; and

(b) which is mapped as a gathering ground under section 23;

'inside service' means the pipes and fittings in premises, and any pipes
and fittings between the premises and a connexion to the main,
(other than the pipes and fittings forming part of a fire service)
which are used or are intended to be used for the purposes of a
supply;

'land held by the Crown' means land which is not(a) leased land; or

(b) 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;

'leased land' means land which is

(a) held under a Crown lease; or

(b) vested in a person by an Ordinance;

'licensed plumber' means a person licensed under this Ordinance to
construct, install, maintain, alter, repair or remove fire services or
inside services, and a person deemed under this Ordinance to be a
licensed plumber;

'main' includes a connexion to the main and any pipe owned by the
Government and maintained by the Water Authority for the
purposes of a supply;

'meter' means an appliance or device owned by the Government and
maintained by the Water Authority for the purpose of measuring
consumption;

premises means any building or structure or any part thereof and any
place

(a)in which there is a fire service, inside service or any part of the
waterworks; or

(b)in which a fire service or inside service is intended to be
constructed or installed;

public standpipe' means a standpipe owned by the Government and
established by the Water Authority under section 13;

'supply' means a supply of water provided by the Water Authority
from the waterworks;

'Water Authority' means the Director of Public Works;





'waterworks' means any property occupied, used or maintained by the
Water Authority for the purposes of this Ordinance and any
gathering ground.

PART 11

DUTIES AND POWERS OF WATER AUTHORITY

3. (1) Subject to subsection (2), the Water Authority shall have the
custody and control of the waterworks and of all water therein.

(2) Subsection (1) shall not apply to leased land within a gathering
ground.

4. (1) The duties of the Water Authority shall be-

(a)to supply water from the waterworks in accordance with this
Ordinance;

(b) to acquire and conserve water;

(c) to supervise and regulate consumption;

(d)to ensure the proper administration and management of the
waterworks, and to make due provision for the security thereof;

(e) to require payment of any charge and take such steps as

charge

may be necessary to enforce such payment; and

(f) generally to administer the provisions of this Ordinance.

(2) The Water Authority may do all things necessary or convenient
to be done for and in connexion with or incidental to the due discharge
of his duties under this Ordinance and in particular may construct,
install, inspect, test, regulate, alter, repair or remove any part of the
waterworks in, under or over any street or land held by the Crown.

5. (1) The Water Authority may, either generally or in any particular
case, delegate any public officer to exercise or perform on his behalf any
of the powers conferred or duties imposed upon him under this
Ordinance.

(2) Where any power conferred or duty imposed upon the Water
Authority is exercised or performed by a public officer, the Water
Authority shall, unless the contrary is proved, be deemed to have
delegated the public officer under subsection (1) to exercise the power
or perform the duty.

6. (1) The Governor may give to the Water Authority and to any
public officer, other than a judge, a district judge or a magistrate, such
directions as he thinks fit with respect to the exercise or performance of
their respective powers or duties under this Ordinance, either generally
or in any particular case.





(2) A person to whom a direction is given by the Governor under
subsection (1) shall, in the exercise or performance of his powers or
duties under this Ordinance, comply with that direction.

7. (1) The Water Authority may approve, as the consumer of a fire
service or inside service in any premises, any person who

(a) occupies the premises; or

(b)is responsible for the management of the premises or any part
thereof; and

(c)gives an undertaking, in such form as the Water Authority may
specify,

(i) to pay any charge due in respect of the fire service or
inside service; and

(ii) to accept responsibility for the custody of the fire service
or inside service and any meter pertaining to the fire service or
inside service.

(2) The Water Authority may approve, as the agent of a communal
service in any premises, any person who

(a) occupies the premises; or

(b)is responsible for the management of the premises or any part
thereof; and

(c)gives an undertaking, in such form as the Water Authority
may specify,

(i) to pay any charge due in respect of the communal
service; and

(ii) to accept responsibility for the custody of the communal
service.

(3) A consumer or agent may at any time apply to the Water
Authority for cancellation of an undertaking given by him under this
section and the Water Authority shall, if all charges due from the
consumer or agent have been paid, cancel the undertaking whereupon
he shall cease to be the consumer or agent.

8. (1) The Water Authority may refuse to connect or reconnect a
fire service or inside service to the main if

(a)the fire service or inside service, or any alteration thereto, is
not approved by the Water Authority; or

(b)there is no consumer for the fire service or inside service or, if
there is a communal service, no agent for the communal
service.

(2) Where the Water Authority refuses to connect or reconnect a
fire service or inside service to the main he shall serve on the applicant
for the connexion or reconnexion notice of such refusal and the notice
shall specify the reasons for the refusal.





9. The Water Authority may restrict or suspend a supply,
for such time as he thinks fit, if he is satisfied that this is necessary
or expedient-

(a) to conserve water;

(b) to prevent waste of water;

(c)to construct, install, inspect, test, regulate, alter, repair
or remove any part of the waterworks or any fire service
or inside service;

(d)to avoid damage to, or a breakdown in, the waterworks
or any fire service or inside service, whether from fire,
pollution, waste or otherwise; or

(e) for the protection of life or property.

10. The Water Authority may disconnect a fire service or
inside service if-

(a)any charge in respect of the fire service or inside service
is not paid;

(b)there is no consumer for the fire service or inside service
or, if there is a communal service, no agent for the com-
munal service;

(c)the fire service or inside service does not, in the opinion
of the Water Authority, comply with the provisions of
this Ordinance;

(d)the fire service or inside service is constructed, installed,
or altered without his permission;

(e)the consumer or agent, on receipt of a notice under section
16, fails to carry out the repairs or other works specified
in the notice;

the Water Authority, or any person authorized by him
in writing, is obstructed from entering the premises or
carrying out any function under section 12; or

(g)the Water Authority is satisfied that waste, misuse or
pollution of the supply has occurred or is likely to
occur.

11. (1) Except in the case of an unforeseen emergency, prior
notice of any restriction or suspension of a supply under section 9,
or of disconnexion of a fire service or inside service under section
10, shall be served on the consumer and agent by the Water Authority
and the notice shall specify the reasons for the restriction, suspension
or disconnexion.

(2) Notice under subsection (1) shall, where there is no con-
sumer or agent, be served on the occupier of the premises or left
at the premises.





12. (1) Subject to subsection (2), the Water Authority, and any
person authorized by him in writing, may enter at any reasonable time, or
in case of urgency at any time, any premises to

(a) ascertain consumption;

(b) restrict or suspend a supply under section 9;

(c)disconnect a fire service or inside service under section 10 or
19(2);

(d)ascertain whether there is in respect of a fire service or inside
service on the premises any contravention of this Ordinance;

(e)install, inspect, test, regulate, alter, repair or remove any part of
the waterworks or any fire service or inside service therein.

(2) Except in case of urgency, neither the Water Authority nor a
person authorized by him may enter any premises under subsection (1)
unless he

(a)first obtains the consent of the occupier of such premises; or

(b) first obtains a warrant under subsection (3).

(3) If it is shown to the satisfaction of a magistrate or justice of the
peace on sworn information in writing that

(a)admission to any premises has been refused, or refusal is
apprehended, or the premises are unoccupied, or the occupier
is temporarily absent, or an application for admission would
defeat the object of the entry;

(b)there is reasonable ground for entry into the premises for any
purpose specified in subsection (1); and

(c)notice of the intention to apply for the warrant has been served
on the occupier of the premises, or such notice cannot be
served because the premises are unoccupied or the occupier is
temporarily absent, or the serving of such notice would defeat
the object of the entry,

the magistrate or justice of the peace may by warrant authorize the Water
Authority, or any person authorized by the Water Authority in writing,
to enter the premises, if need be by force.

(4) The Water Authority, or any person authorized by him, entering
any premises under this section may take with him such persons as may
be necessary, and on leaving any unoccupied premises which he has
entered shall leave them as effectually secured against trespassers as he
found them to be at the time of entry.

(5) Every warrant issued under subsection (3) shall continue in
force until the purpose of which the entry is necessary has been
satisfied.





13. (1) The Water Authority may establish public standpipes in any
place to supply water to the public free of charge.

(2) Except with the permission in writing of the Water Authority, no
person shall take water from a public standpipe for any purpose other
than a domestic purpose.

(3) Any person who contravenes subsection (2) shall be guilty of
an offence.

PART Ill

FIRE SERVICES AND INSIDE
SERVICES

14. (1) Subject to subsection (2), no person shall, except with the
permission in writing of the Water Authority, construct, install, alter or
remove a fire service or inside service.

(2) The Water Authority may waive the requirement of permission
under subsection (1) in the case of alterations to a fire service or inside
service which are, in his opinion, of a minor nature.

(3) The construction or installation of a fire service or inside service
shall be carried out in such manner as may be prescribed and the nature,
size and quality of the pipes and fittings of the fire service or inside
service shall be as prescribed.

(4) Any person who contravenes subsection (1) or (3) shall be
guilty of an offence.

15. (1) Subject to subsection (2), no fire service or inside service
shall be constructed, installed, maintained. altered, repaired or removed
by a person other than a licensed plumber or a public officer authorized
by the Water Authority.

(2) Alternations or repairs to a fire service or inside service which
are, in the opinion of the Water Authority, of a minor nature, or the
rewashering of a tap, may be carried out by a person other than a
licensed plumber or a public officer authorized by the Water Authority.

(3) Subject to subsection (2), any person who-

(a) contravenes subsection (1); or

(b)employs or permits a person other than a licensed plumber or a
public officer authorized by the Water Authority to construct,
install, maintain, alter, repair or remove a fire service or inside
service,

shall be guilty of an offence.





16. (1) The Water Authority may, if he is satisfied that a
fire service or inside service-
(a)is in such a condition that waste or pollution of a supply
has occurred or is likely to be caused thereby;
(b) has been altered without his permission; or

(c) does not comply with the provisions of this Ordinance,

by notice require the consumer to carry out the repairs or other
works specified in the notice to the fire service or inside service.

(2) If under subsection (1) repairs or other works are to be
carried out to a communal service, the notice requiring the repairs
or other works shall be served on the agent.

17. (1) Subject to subsection (2), a consumer shall bear the
cost of constructing, installing, maintaining, altering, repairing or
removing a fire service or inside service.

(2) The cost of maintaining, altering, repairing or removing-
(a) a communal service shall be borne by the agent;
(b)any part of a fire service or inside service which is on
land held by the Crown shall be borne by the Water
Authority.

(3) The Water Authority may alter or repair a fire service
or inside service at the request of a consumer, or a communal
service at the request of an agent, and the cost thereof shall, subject
to subsection (2)(b), be payable by the person at whose request
such alteration or repair is carried out.

(4) If a consumer or agent, on receipt of a notice under
section 16, fails to carry out the repairs or other works specified
in the notice, the Water Authority may carry out the repairs or
other works and the cost thereof shall be payable by the consumer
or agent.

18. Except where this Ordinance otherwise provides, a supply
shall be measured by meter or in such other manner as the Water
Authority may determine.

PART IV

DEPOSITS AND CHARGES

19. (1) The Water Authority may fix the amount of, and
require the payment of, a deposit by a consumer to cover any
charge due or which may become due.

(2) If payment of a deposit is required from a consumer of
an existing fire service or inside service, the Water Authority may





disconnect the fire service or inside service if the deposit is not paid
within 14 days after the date of service of the notice requiring: the
payment.

cl

(3) If payment of a deposit is required from a consumer of a new fire
service or inside service, the Water Authority may refuse to connect the
fire service or inside service to the main until the deposit is paid.

(4) A deposit paid under this section-

(a) shall not bear interest;

(b) shall not be transferable; and

(c)may, without prejudice to the exercise of any other power
under this Ordinance, be applied by the Water Authority at
any time to the payment of any charge.

(5) Subject to subsection (4)(c), a deposit shall be refunded to a
consumer if

(a)another consumer is approved by the Water Authority in his
place;

(b)an undertaking given by him under section 7 is cancelled by
the Water Authority; or

(c)the Water Authority is of the opinion that the deposit is no
longer required.

20. (1) Unless otherwise expressly provided in this Ordinance, all
charges arising in connexion with or in consequence of

1

a supply, including the charges for making a connexion to the main and
installing a meter, shall be payable by the consumer.

c

(2) The liability of a consumer and agent tinder an undertaking
given under section 7 shall continue until

(a)another consumer or agent is approved by the Water
Authority in his place; or

(b) the undertaking is cancelled by the Water Authority,

notwithstanding that-

(i) he ceases to occupy the premises;

(ii) he ceases to be responsible for the management of the
premises or any part thereof; or

(iii) the Water Authority exercises any power under sectoin 8, 9, 10
or 19(2).

21. (1) A charge which is not paid shall be a debt due to the Crown.

(2) Where a charge is not paid on or before the date specified in a
notice of demand, a surcharge on the unpaid charge may be levied in
accordance with regulations made under this Ordinance.











22. The Water Authority may in any particular case reduce, waive
or refund, in whole or in part, a charge.

PART V

GATHERING GROUNDS

23. (1) The Water Authority shall prepare maps showing all
gathering grounds existing at the commencement of this Ordinance.

(2) Where a new gathering ground, or an extension of a gathering
ground mapped under this section, is required for the purpose of
extending or augmenting a supply, the Water Authority shall, after
giving consideration to the preservation of traditional rights of any
person to take water for agricultural and domestic purposes

(a)mark the limits or area of the new gathering ground on any map
prepared under this section;

(b) prepare a new map for the new gathering ground; or

(e)alter the limits or area of the gathering ground on any map
prepared under this section.

(3) Where there has been a reduction in the area of any gathering
ground, the Water Authority shall accordingly alter the limits or area of
that gathering ground on any map prepared under this section.

(4) Any map prepared, or any additions or alterations made thereto,
under this section shall be signed and dated by the Water Authority.

(5) A map of a gathering ground prepared under this section shall
be deposited

(a) if the map is in respect of a gathering ground in Hong



Kong (other than the New Territories), in the Land Office
established under the Land Registration Ordinance;

(b)if the map is in respect of a gathering ground in the New
Territories, in the appropriate New Territories Land Office
within the meaning of section 10(2) of the New Territories
Ordinance.

(6) A notice of a map prepared under this section and of any
additions or alterations made thereto shall be published in the Gazette
together with the address of the Land Office in which the map is
deposited under subsection (5).

24. (1) The Governor may by notice in writing require a lessee of
land within a gathering ground to drain, treat, or develop his leased land,
in such manner as the Governor may specify, for





any purpose connected with the waterworks, including the preven-
tion, control or rectification of contamination or damage to the
waterworks.

(2) Where the lessee carries out any work in compliance with
a notice under subsection (1), the reasonable cost of the work shall
be paid by the Water Authority.

(3) No payment under subsection (2) shall be made unless
the work is carried out to the satisfaction of the Water Authority.

25. (1) If a lessee fails to comply with a notice under section
24(1), or requests the Water Authority in writing to carry out the
work specified in the notice, the Governor may require the Water
Authority to comply with the notice.

(2) The Water Authority, and any person authorized by him
in writing, may enter any leased land to comply with a requirement
under subsection (1) on giving the lessee 14 days' notice of the
intention to so enter.

(3) Where the Water Authority carries out any work under
this section, the cost of the work shall be borne by the Water
Authority.

26. (1) A lessee who suffers damage or loss as a result of
compliance with a notice under section 24(1), whether the work is
carried out by the lessee or the Water Authority, and who claims
compensation in respect thereof, shall deliver to the Water Authority
particulars in writing of such damage or loss and of his claim for
compensation, and the Governor may, if he thinks fit, negotiate
with the lessee for the settlement or compromise of the claim.

(2) If the Governor and the lessee do not agree on the settle-
ment or compromise of the claim within 3 months of the delivery
of particulars, the lessee may notify the Water Authority that he
desires a reference to a tribunal; and the Governor shall thereupon
refer the claim with the particulars thereof to a tribunal, consisting
of a District Judge nominated by the Chief Justice for the purpose.

(3) The tribunal shall hear any evidence which the Water
Authority or the lessee may wish to tender and, if so desired, hear
counsel on behalf of the Government and the lessee, and shall
determine the amount of compensation, if any, to be paid to the
lessee.

(4) For the purposes of subsection (3), the tribunal shall have
powers similar to those vested in the Supreme Court for hearing
evidence, determining claims for damages and awarding costs.

(5) The practice and procedure in connexion with any pro-
ceedings before a tribunal under this section shall be such as the
tribunal may determine.





(6) Any award or decision of a tribunal under this section
shall be final:

Provided that any party dissatisfied with the decision as being
erroneous in point of law, may, within 1 month after the deci-
sion, require the tribunal to state and sign a case for the decision
of the Full Court.

27. Compensation awarded under section 26 shall be paid
from such money as may be provided from time to time by the
Legislative Council.

PART VI

MISCELLANEOUS

28. Any person who wastes or misuses, or causes or permits
to be wasted or misused, a supply shall be guilty of an offence.

29. (1) Except with the permission of the Water Authority,
no person shall-
(a)take water from the waterworks other than through a
fire service, inside service or public standpipe;
(b)take water through a fire service for any purpose other
than for fire fighting;

(c)take water through an inside service for any purpose
other than that for which the water is supplied;
(d)subject to section 18, take through a fire service or inside
service water which is not measured by a meter; or
(e) divert water from the waterworks.

(2) Any person who contravenes this section shall be guilty
of an offence.

30. (1) Any person who deposits, or causes or permits to be
deposited, any solid or liquid matter in such a manner or place
that it may fall or be washed or carried into water forming part of
the waterworks shall be guilty of an offence.

(2) Any person who-
(a)enters, or bathes or washes in, water forming part of the
waterworks;

(b)washes or causes or permits any animal to enter therein;
or
(c) throws or places any thing therein,
shall be guilty of an offence.

(3) No act shall be an offence under this section if it is done
with the permission in writing of the Water Authority.





(4) Any person guilty of an offence under this section shall
be liable on summary conviction to a fine of $10,000 and to im-
prisonment for 2 years.

31. Any person who, without the permission in writing of the Water
Authority, alters, interferes with, damages or destroys any part of the
waterworks shall be guilty of an offence.

32. Any person who obstructs the Water Authority, or any person
authorized by him in writing, exercising any power, performing any duty,
or carrying out any function, under this Ordinance shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 6 months.

33. (1) The Water Authority may carry out repairs or other works to
any fire service, inside service or any part of the waterworks which is
altered, interfered with, demaged, or destroyed as a result of the
commission of an offence, and the cost of such repairs or other works
may, upon an order of a magistrate, be recovered from the person
convicted of the offence in the same manner as if it were a fine imposed
by a magistrate under the Magistrates Ordinance.

(2) If the Water Authority suffers any damage or loss as a result of
the commission of any offence referred to in subsection (1), such
damage or loss may, upon an order of a magistrate, be recovered from
the person convicted of the offence in the same manner as if it were a
fine imposed by a magistrate under the Magistrates Ordinance.

34. (1) In any civil or criminal proceedings it shall be presumed, until
the contrary is proved, that

(a)in the case of any alteration or repairs to a fire service or inside
service (other than a communal service), the consumer has
caused or permitted the alteration or repairs;

(b)in the case of any alteration or repairs to a communal service,
the agent has caused or permitted the alteration or repairs.

(2) In any civil or criminal proceedings a document, purporting to be
signed by the Water Authority, or other person authorized by him,
stating--

(a)the name of a consumer of a fire service or inside service, or
the name of an agent of a communal service;

(b)the location of the fire service, inside service or communal
service;

(c)in the case of proceedings for the recovery of an unpaid
charge,

(i) the name of the person liable to pay the charge;





(ii) the amount of the charge;

(iii) the nature and other particulars of the charge; and

(iv) that the charge remains unpaid;

(d)in the case of proceedings in respect of alterations or repairs to
a fire service, inside service or communal service, the nature
and other particulars of the alterations or repairs,

shall be admitted in evidence without further proof.

(3) When a document is admitted in evidence under subsection (2)

(a)until the contrary is proved, it shall be presumed that the
document is so signed;

(b)the document shall be prima facie evidence of the facts stated
therein.

35. (1) Any person who is guilty of an offence under this Ordinance
shall, unless a penalty is otherwise expressly provided, be liable on
summary conviction to a fine of $5,000.

(2) Any person convicted of an offence under section 29 or section
30(1) or (2) shall, if the offence is a continuing one, be liable to a further
fine of $200 for every day or part of a day during, which the offence
continues.

36. (1) Any public officer, authorized in writing in that behalf by the
Water Authority, may arrest any person whom he reasonably suspects
of having committed an offence under section 29(1)(e), 30, 31 or 32.

(2) Where a public officer arrests a person under subsection (1) he
shall forthwith take that person to the nearest police station and hand
him over to the custody of a police officer, and thereupon section 52 of
the Police Force Ordinance shall apply.

37. (1) The Governor in Council may make regulations for all or any
of the following matters

(a) the quality and type of a supply;

(b)the construction, installation, maintenance, cleanliness,
alteration, repair or removal of a fire service or inside service;

(c)the connexion or reconnexion of a fire service or inside service
to the main and the conditions subject to which such
connexion or reconnexion may be made;

(d) the method of measuring or assessing consumption;

(e)the provision, number, size, installation, maintenance, repair,
removal and custody of meters in premises;





(f) the use of a supply for any particular purpose;

(g) the prevention of waste or misuse of a supply;

(h) the control of consumption from public standpipes;

(i)the restriction or suspension of a supply or the disconnexion of
a fire service or inside service;

(j) the charges payable under this Ordinance;

(k) the deposits to be paid by consumers;

(1) the surcharge which may be levied on an unpaid charge;

(m)the licensing of plumbers for the purposes of this Ordinance
and control of licensed plumbers;

(n)the taking of fish in waters forming part of the waterworks and
the arrest by an officer empowered under such regulations of
any person who he has reason to believe has contravened any
specified regulation made under this paragraph;

(o) the prohibition and control of access to gathering grounds;

(p) the provision and control of burial grounds, camping sites



and recreational facilities in gathering grounds;

(q) the control over the use of glathering grounds for any
purpose other than those specified in paragraph (p);

(r)the service of any notice, form or other document under this
Ordinance;

(s)the signature on any notice, form or other document under this
Ordinance or the printing of a name in lieu of the signature;

(t)prescribing anything which under this Ordinance is to be or may
be prescribed; and

(u) generally for the better carrying out of this Ordinance.

(2) A regulation made under this section may provide that a
contravention thereof shall be an offence and may prescribe a penalty
for such offence not exceeding a fine of $2,000.

(3) Regulations made under subsection (1)(o), (p) or (q) shall not
apply to leased land within a gathering ground.

38. (1) A notice under this Ordinance shall be in writing and shall be
in such form as may be specified by the Water Authority.

(2) The Water Authority may specify any forms required for the
purposes of this Ordinance.

(3) The Water Authority may publish in the Gazette any forms
specified by him under subsection (2).





39. (1) Any notice served, or map of a gathering ground
prepared, under the repealed Waterworks Ordinance (hereinafter
referred to as the repealed Ordinance), and in force at the com-
mencement of this Ordinance, shall be deemed to have been served
or prepared under this Ordinance.

(2) Any person who is a consumer under the repealed Ordin-
ance shall be deemed to be a consumer under this Ordinance and an
undertaking given or a deposit paid by a consumer under the repealed
Ordinance shall be deemed to be an undertaking given or a deposit
paid under this Ordinance.
Originally 44 of 1974. L.N. 271/74. Short title. Interpretation. (Cap. 28.) Control of waterworks. Duties of the Water Authority. Delegation by the Water Authority. Power of Governor to give directions. Approval of consumer and agent. Refusal of a connexion or reconnexion. Restriction or suspension of a supply. Disconnexion of a fire service or inside service. Notice of restriction, suspension or disconnexion. Power of entry into premises. Public standpipes. Construction, etc., of fire services and inside services. Construction, etc. by licensed plumbers. Water Authority may require repairs to be carried out. Cost of constructing, etc., fire services and inside services. Supply to be metered. Deposits. Liability for charges. Unpaid charges. Reduction etc., of charges. Mapping of gathering grounds. (Cap. 128.) (Cap. 97.) Control of leased land in gathering grounds. Carrying out of work by Water Authority. Compensation. Compensation to be paid from funds provided by the Legislative Council. Waste or misuse of a supply. Unlawful taking of water. Pollution. Damage, etc., to waterworks. Obstruction. Cost of repairing damage and recovery of damages or loss. (Cap. 227.) Presumptions and evidence in writing. Penalties. Power of arrest. (Cap. 232.) Regulations. Water Authority may specify notices and forms. Transitional and saving provisions. (Cap. 102, 1964 Ed. )

Abstract

Originally 44 of 1974. L.N. 271/74. Short title. Interpretation. (Cap. 28.) Control of waterworks. Duties of the Water Authority. Delegation by the Water Authority. Power of Governor to give directions. Approval of consumer and agent. Refusal of a connexion or reconnexion. Restriction or suspension of a supply. Disconnexion of a fire service or inside service. Notice of restriction, suspension or disconnexion. Power of entry into premises. Public standpipes. Construction, etc., of fire services and inside services. Construction, etc. by licensed plumbers. Water Authority may require repairs to be carried out. Cost of constructing, etc., fire services and inside services. Supply to be metered. Deposits. Liability for charges. Unpaid charges. Reduction etc., of charges. Mapping of gathering grounds. (Cap. 128.) (Cap. 97.) Control of leased land in gathering grounds. Carrying out of work by Water Authority. Compensation. Compensation to be paid from funds provided by the Legislative Council. Waste or misuse of a supply. Unlawful taking of water. Pollution. Damage, etc., to waterworks. Obstruction. Cost of repairing damage and recovery of damages or loss. (Cap. 227.) Presumptions and evidence in writing. Penalties. Power of arrest. (Cap. 232.) Regulations. Water Authority may specify notices and forms. Transitional and saving provisions. (Cap. 102, 1964 Ed. )

Identifier

https://oelawhk.lib.hku.hk/items/show/2448

Edition

1964

Volume

v8

Subsequent Cap No.

102

Number of Pages

19
]]>
Tue, 23 Aug 2011 18:07:14 +0800
<![CDATA[URBAN COUNCIL (FEES FOR OFFICIAL SIGNATURES AND MISCELLANEOUS SERVICES) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2447

Title

URBAN COUNCIL (FEES FOR OFFICIAL SIGNATURES AND MISCELLANEOUS SERVICES) BY-LAWS

Description






URBAN COUNCIL (FEES FOR OFFICIAL SIGNATURES
AND MISCELLANEOUS SERVICES) BY-LAWS

(Cap. 10 1, section 4 1 A)

[30 October 1981.1

1 These by-laws may be cited as the Urban Council (Fees for
Official Signatures and Miscellaneous Services) By-laws.

2. The fees set out in the second column of the Schedule shall be
charged for the signatures and miscellaneous services set out in the
first column of the Schedule.

SCHEDULE [by-law 2]
Signature or service Fee
S
1 The issue of a duplicate of any document by a public officer.

2.Any alteration, transfer, endorsement or addition by a public officer to
any certificate, authorization, consent, licence, permit or exemption.

3. The certification of a true extract of any document, book, record or

instrument by a public officer. -6.5
L.N. 339/81. L.N. 352/82. L.N. 312/83. L.N. 104/86. Citation. Fees for official signatures, etc. Schedule. L.N. 312/83. L.N. 104/86.

Abstract

L.N. 339/81. L.N. 352/82. L.N. 312/83. L.N. 104/86. Citation. Fees for official signatures, etc. Schedule. L.N. 312/83. L.N. 104/86.

Identifier

https://oelawhk.lib.hku.hk/items/show/2447

Edition

1964

Volume

v7

Subsequent Cap No.

101

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:14 +0800
<![CDATA[URBAN COUNCIL FINANCIAL BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2446

Title

URBAN COUNCIL FINANCIAL BY-LAWS

Description






URBAN COUNCIL FINANCIAL BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... D2

3. [Cancelled] ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... D2

4. Revision of estimates and supplementary provision ...
... ... D 2

5. Authorization of expenditure ... ... ... ... ... ... ... ... ... ... ... D 3

6. Variations of estimates of Personal Emoluments ... ... ... ... ... ... ... D 3

7. Virement between heads or sub-heads ... ...
... ... ... ... ... ... ... D 4

8. Director to report to Committee ...
... ... ... ... ... ... D 4

8A. Creation of new items, etc. ... ... ... ... ... ... ... ... ... D 4

9. Tender procedure ... ... ... ... ... ... ... ... ... ... ... D 4

10. Amount of tender ... ... ... ... ... ... ... ... ... .. 1 ... ... ... D 5

11. Delegations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... D5

12. Appeal to Standing Committee ... ... ... ... ... ... .11 ... ... ... D 6

13. Composition of the Committee and Select Committees for purposes of
certain

by-laws ... ... ... ... ... ... ... ... ... ... ... ... ... ... D6

14. General Reserve Fund ... ... ... ... ... ... ... ... ... ... ... ... D 6

15. Capital Projects Reserve Fund ... ... ... ... ... ... ... ... ... ... ... D 7

16. Museums Acquisition Reserve Fund ... ...
... ... ... .. 1 ... ... ... D 7





URBAN COUNCIL FINANCIAL BY-LAWS

(Cap. 101, section 37)

[29 March 1974.1

1. These by-laws may be cited as the Urban Council Financial By-
laws.

2. In these by-laws, unless the context otherwise requires-

'approved estimates of revenue' and 'approved estimates of
expenditure' mean respectively the annual estimates of revenue or
expenditure approved by the Council for each financial year and
any duly authorized variations thereto;

'Committee' means the Finance Select Committee of the Urban Council;

'Director' means the Director of Urban Services;

'lender board panel--- means a panel consisting of not less than 3
members of the Committee.

3. [Cancelled, L.N. 136/84]

4. (1) Under the heads of other charges, special expenditure or
capital expenditure, and for individual capital works projects, in
approved estimates of expenditure, authorization of expenditure in
excess of the provision appearing in any sub-head or item may be given

(a)where the provision in the sub-head or item does not exceed
$50,000 of an amount not exceeding 5 15,000 by the Deputy
Director of Urban Services;

(b)where the provision in the sub-head or item does not exceed
51,000,000 of an amount not exceeding 30 per cent by the
Director;

(e)where the provision in the sub-head or item exceeds
51,000,000 of an amount not exceeding 5300,000 by the
Director;

(d)where the provision in the sub-head or item exceeds
$1,000,000 of an amount not exceeding 30 per cent by the
Committee; and

(e)where the amount of the increase is more than 30 per cent of
the provision by the Standing Committee.

(2) Subject to paragraph (3), the person or committee authorizing
expenditure under paragraph (1) shall lay particulars of the authorization
before the Council within one month of the authorization.





(3) Where the Council is in recess and a person or committee is
thereby precluded laying before the Council particulars within one
month, such person or committee shall lay such particulars before the
Council at its first meeting after such recess.

5. (1) Subject to paragraphs (2) and (3), under any head of
expenditure in the approved estimates of expenditure the Director may
incur expenditure of an amount not exceeding the provision appearing in
any sub-head or item under such head:

Provided that the Director shall not incur expenditure in
accordance with any revision of staff salaries without the prior approval
of the Committee.

(2) Under the head of other charges in the approved estimates of
expeniture for minor works for items relating to additions, alterations
and improvements authorization of expenditure of an amount not
exceeding the provision appearing in the item may be given

(a)where the amount does not exceed $75,000 by an Assistant
Director of the Department of Urban Services;

(b)where the amount does not exceed 5100,000 by a Senior
Assistant Director of the Department of Urban Services;

(c)where the amount does not exceed $125.000 by the Deputy
Director of Urban Services;

(d)where the amount does not exceed $150,000 by the Director;
and

(e)where the amount exceeds $150,000 by the Capital Works
Select Committee.

(3) Under the head of other charges in the approved estimates of
expenditure for the leasing of premises, if the Commissioner of Rating
and Valuation has advised in respect of the lease, approval may be
given in accordance with such advice

(a) where the area to be leased does not exceed 500 square
metres by the Deputy Director of Urban Services; and

(b)where the area to be leased exceeds 500 square metres by the
Administration Select Committee.

6. Under the head of Personal Emoluments in the approved
estimates of expenditure a variation in the estimate of expenditure in any
sub-head or item may be authorized

(a)where the variation does not exceed 10 per cent of the
provision appearing in such sub-head or item by the Director;

(b)where the variation does not exceed 30 per cent of the
provision appearing in such sub-head or item by the
Committee; and





(c)where the variation exceeds 30 per cent of the provision
appearing in such sub-head or item by the Standing
Committee.

7. Where funds are appropriated to any sub-head or item under any
head of expenditure in the approved estimates of expenditure the
Director or the Deputy Director of Urban Services may authorize the
transfer of such funds to any other sub-head or item respectively under
that or any other head of expenditure of an amount in the case of an
authorization by the Director not exceeding 30 per cent or in the case of
an authorization by the Deputy Director not exceeding 15 per cent of
the provision appearing in the sub-head or item into which such funds
are transferred.

8. (1) Subject to paragraph (2), the Director, the Deputy Director of
Urban Services or any Assistant Director or Senior Assistant Director of
the Department of Urban Services, as the case may be, shall not less
than once in every month report to the Committee, and lay particulars
before the Council of, the incurring of any expenditure, the variation of
any estimate or the transferring of any funds between sub-heads or
items authorized respectively by by-law 5, 6 or 7.

(2) Where the Council is in recess and a person is thereby
precluded from laying before the Council such particulars within one
month, such person shall lay such particulars before the Council at its
first meeting after such recess.

8A. (1) The Standing Committee may create new sub-heads or items
to be included in the approved estimates of expenditure.

(2) Subject to paragraph (3), the Standing Committee authorizing
the creation of a new sub-head or item under paragraph (1) shall lay
particulars of the new sub-head or item before the Council within one
month of its creation.

(3) Where the Council is in recess and the Standing Committee is
thereby precluded from laying before the Council such particulars
within one month, the Standing Committee shall lay such particulars
before the Council at the first meeting of the Council after such recess.

9. (1) All supplies, stores or services required by the Council shall
be procured by invitation to tender.

(2) Tenders of value not exceeding $5,000 shall be obtained by oral
or written quotation from a minimum of 5 tenderers selected from the
register of tenderers kept by the Council.

(3) Tenders of a value in excess of $5,000 but not exceeding
5100,000 shall be procured by invitation to tender published in the
Gazette, or from a minimum of 5 tenderers selected from the register of
tenderers kept by the Council.





(4) Tenders of a value in excess of 5100,000 but not exceeding
5500,000 shall be procured by invitation to tender published in the
Gazette, unless an alternative tender procedure is approved by the
tender board panel.

(5) Tenders of a value in excess of $500,000 shall be procured by
invitation to tender published in the Gazette, unless an alternative
tender procedure is approved by the Committee.

10. (1) Tenders of a value not exceeding $500,000 shall be
submitted to and accepted or rejected by the tender board panel or a
public officer to whom the Committee has delegated its power.

(2) Tenders of a value in excess of 5500,000 shall be submitted to
and accepted or rejected by the Committee.

11. (1) Notwithstanding the provisions of by-laws 9 and 10-

(a)the Standing Committee may generally or specially authorize
the making of any purchase or the obtaining of any service for
the Council without recourse to tender,

(b)the Museums Select Committee may, where tender procedures
are impractical or inappropriate. without recourse to tender,
authorize expenditure

(i) on items for display in the Museums of the Council;

(ii) on the production of any presentation in the Space
Theatre; and

(iii) on exhibition expenses in the Museums of the Council,

of an amount not exceeding the provision therefor appearing
in the approved estimates of expenditure;

(c)the Libraries Select Committee may, where tender procedures
are impractical or inappropriate, without recourse to tender,
authorize expenditure on the purchase of books and provision
of library extension activities of an amount not exceeding 50
per cent of the provision therefor appearing in the approved
estimates of expenditure;

(d)the Culture Select Committee may, where tender procedures
are impractical or inappropriate, without recourse to tender,
authorize expenditure on the public cultural activities of the
Council of an amount not exceeding the provision for the
public cultural activities appearing in the approved estimates
of expenditure;

(e)the Entertainment Select Committee may, where tender
procedures are impractical or inappropriate, without recourse
to tender, authorize expenditure on the public entertainment
activities of the Council of an amount not exceeding the
provision for the public entertainment activities appearing in
the approved estimates of expenditures;

(f)the Recreation Select Committee may, where tender
procedures are impractical or inappropriate, without recourse





to tender authorize expenditure on the public recreation and
sports promotion activities of the Council of an amount not
exceeding the provision for public recreation appearing in the
approved estimates of expenditure; and

(g)goods and services, other than museum acquisitions, may
where tender procedures are impractical or inappropriate be
acquired without recourse to tender

(i) where the amount of the order does not exceed S300
upon the authority of Council sub-imprest account holders;

(ii) where the amount of the order does not exceed $5,000
upon the authority of the Chief Treasury Accountant or the
Senior Supplies Officer;

(iii) where the amount of the order does not exceed $50,000
upon the authority of the Deputy Director of Urban Services;

(M where the amount of the order does not exceed $50,000
and relates to public cultural and entertainment activities of
the Council, upon the authority of the Director of Cultural
Services; and

(v) where the amount of the order does not exceed 5100,000
upon the authority of the Director.

(2) Subject to paragraph (3) where any person or committee
authorizes any expenditure in excess of $1,000 under paragraph (1), such
person or committee shall lay particulars of such expenditure before the
Council within one month after it is incurred.

(3) Where the Council is in recess and a person or committee is
thereby precluded from laying before the Council particulars within one
month, such person or committee shall lay such particulars before the
Council at its first meeting after such recess.

12. Where any request by a Select Committee for any
supplementary provision is refused or deferred by the Committee, the
Chairman of such Select Committee may as of right appeal against such
refusal or deferral to the Standing Committee whose decision shall be
final.

13. (1) For the purposes of by-laws 9(c) and 11 (1)(b), (c), (d) and
(e), the Committee or Select Committee, as the case may be, shall consist
of not less than 3 members, one of whom shall be appointed to serve as
chairman at any meeting of the Committee or Select Committee, as the
case may be.

(2) Nothing in this by-law shall permit any person who is not a
member of the Council to serve on the Committee or Select Committee
for the purposes of the above mentioned by-laws.

14. (1) The Council may create a General Reserve Fund into which
and from which shall be paid such funds of the Council as the
Committee may from time to time determine.





(2) Monies standing to the credit of the General Reserve Fund not
immediately required by the Council shall he invested in accordance
with the provisions of section 43 of the Ordinance and the interest
earned thereon shall be credited to the revenues of the Council.

15. (1) The Council may create a Capital Projects Reserve Fund into
which shall be paid such funds of the Council as the Committee may
from time to time determine.

(2) Monies standing to the credit of the Capital Projects Reserve
Fund

(a)shall be applied by the Committee to defray costs for capital
works in excess of the provision for such works appearing in
the approved estimates of expenditure.

(b)shall, if not immediately required for the purposes of sub-
paragraph (a). be invested in accordance with section 43 of
the Ordinance and the interest earned thereon credited to the
revenues of the Council: and

(c)may, with the prior approval of the Standing Committee, be
applied for purposes other than those specified in sub-
paragraph (a).

16. (1) The Council may create a Museums Acquisition Reserve
Fund into which shall be paid the following

(a)such funds of the Council as the Committee may, from time to
time determine;

(b)such funds as may be donated to the Council for the
acquisition of museum or art pieces. and

(e)any interest that may from time to time accrue on monies
standing to the credit of the Museums Acquisition Reserve
Fund.

(2) Monies standing to the credit of the Museums Acquisition
Reserve Fund

(a)shall be applied by the Museums Select Committee to defray
the cost of acquisitions by the Museums of the Council; and

(b)shall, if not required for any purpose under subparagraph (a),
be invested in accordance with section 43 of the Ordinance.
L.N. 74/74. L.N. 284/75. L.N. 230/77. L.N. 319/77. L.N. 133/78. L.N. 94/80. L.N. 158/81. L.N. 340/81. L.N. 136/84. Citation. Interpretation. L.N. 136/84. Revision of estimates and supplementary provision. L.N. 340/81. L.N. 136/84. Authorization of expenditure. L.N. 340/81. L.N. 340/81. L.N. 136/84. L.N. 136/84. Variations of estimates of Personal Emoluments. L.N. 136/84. Virement between heads or sub-heads. L.N. 340/81. L.N. 136/84. Director to report to Committee. L.N. 340/81. L.N. 340/81. Creation of new items, etc. L.N. 340/81. Tender procedure. L.N. 136/84. Amount of tender. L.N. 136/84. Delegations. L.N. 284/75. L.N. 230/77. L.N. 133/78. L.N. 94/80. L.N. 158/81. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 340/81. L.N. 136/84. L.N. 340/81. Appeal to Standing Committee. Composition of the Committee and Select Committees for purposes of certain by-laws. L.N. 319/77. General Reserve Fund. Capital Projects Reserve Fund. L.N. 284/75. Museums Acquisition Reserve Fund. L.N. 340/81. L.N. 136/84.

Abstract

L.N. 74/74. L.N. 284/75. L.N. 230/77. L.N. 319/77. L.N. 133/78. L.N. 94/80. L.N. 158/81. L.N. 340/81. L.N. 136/84. Citation. Interpretation. L.N. 136/84. Revision of estimates and supplementary provision. L.N. 340/81. L.N. 136/84. Authorization of expenditure. L.N. 340/81. L.N. 340/81. L.N. 136/84. L.N. 136/84. Variations of estimates of Personal Emoluments. L.N. 136/84. Virement between heads or sub-heads. L.N. 340/81. L.N. 136/84. Director to report to Committee. L.N. 340/81. L.N. 340/81. Creation of new items, etc. L.N. 340/81. Tender procedure. L.N. 136/84. Amount of tender. L.N. 136/84. Delegations. L.N. 284/75. L.N. 230/77. L.N. 133/78. L.N. 94/80. L.N. 158/81. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 340/81. L.N. 136/84. L.N. 340/81. Appeal to Standing Committee. Composition of the Committee and Select Committees for purposes of certain by-laws. L.N. 319/77. General Reserve Fund. Capital Projects Reserve Fund. L.N. 284/75. Museums Acquisition Reserve Fund. L.N. 340/81. L.N. 136/84.

Identifier

https://oelawhk.lib.hku.hk/items/show/2446

Edition

1964

Volume

v7

Subsequent Cap No.

101

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:07:13 +0800
<![CDATA[URBAN COUNCIL ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2445

Title

URBAN COUNCIL ORDINANCE

Description






LAWS OF HONG KONG

URBAN COUNCIL ORDINANCE

CHAPTER 101





CHAPTER 101

URBAN COUNCIL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

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

2. Interpretation ....................................................................... 4
.............PART II
.............INCORPORATION AND CONSTITUTION
3. Incorporation ....................................................................... 5

4. Seal ................................
................................................ 5

5. Certain contracts and instruments not required to be under seal 5
6. Urban Council .........................5
7. Tenure of office of elected members ...5
7A. Election and tenure of office of representative members 6
8. (Repealed) ............................7
9. Appointment and tenure of office of appointed members 7
9A. Saving ...............................7
PART III
GENERAL PROVISIONS AS TO MEMBERS OF THE COUNCIL
10. Disqualification from appointment, etc . 8
11. Qualifications for appointment as member 9
12. Eligibility for reappointment ........9
13. Saving ...............................9
14. Non-acceptance of office .............9

15. Resignation of a member ................................................ 9
16. Substitution of members .............. 10
17. Non-attendance ....................................................................... 10
18. Publication of notice of vacancy ..... 10
19. Members interests in contracts ....... 11

PART IV

CHAIRMAN

20. Council to elect Chairman and Vice-Chairman 12
21. Duties of Chairman and Vice-Chairman .13
22. Chairman to have casting vote ........13
23. Resignation etc. of Chairman .........13

PART V

FUNCTIONS OF THE
COUNCIL

24. Functions of the Council .............13





Section.................................... Page
25. Powers of the Council ................14
26. Director of Urban Services ...........is
27. Urban Services Department ............15
28. Secretary, Deputy Secretaries and Assistant Secretaries 15
PART VI
PROCEEDINGS OF THE COUNCIL
28A.................................Interpretation 16
29. Standing orders ......................16
30. Council and standing committee meetings 16
31. Minutes ..............................16
32. Acts of the Council ..................17
33. Quorum ...............................17
34. Validity of acts of the Council ......17
35. Appointment of committees ............17
36. Delegation of powers .................18
PART VII
FINANCIAL PROVISIONS
37. Accounts of the Council ..............18
38. Annual accounts ......................20
39. Estimates ..........................20
AREA................Council may revise estimates and list of works 20
40. Audit ................................21
41. Fees .................................21
41A.......................Fees for official signatures etc . 22
41B.......................Reduction etc. of fees and charges 22
42. Power to borrow ......................22
43. Investment of surplus funds ..........23
44. Exemption from taxation ..............23
PART VIII
MISCELLANEOUS PROVISIONS
45. Directions by the Governor ...........23
46. Vesting of property in the Council ...23
47. Communications between the Council and the Governor 23
48. Annual report ........................24
49. Financial statements and report to be laid before Legislative Council 24

50...............................Enforcement of orders 24

51.............................Protection of members 24
51A..........Proceedings against members on grounds of disqualification 24
52.............................Settlement of disputes 25
52A............Prohibition of possession and use of armorial bearings 25
53..................Transitional provisions concerning contracts 26

54. Saving
..........................................................................................................
.... 26





Section .................................Page
First Schedule...........................(Repealed) 26
Second Schedule..........................(Repealed) 26
Third Schedule...........................Declarations of Acceptance of Office by Chairman and Vice-
Chairman ........................26
Fourth Schedule ...................................................................................................................
..........................................27
Fifth Schedule...........................Voting procedure under sections 7A(I.) and 20(1) 27





CHAPTER 101

URBAN COUNCIL

Toprovide for the incorporation of the Urban Council, its constitution, functions
and matters incidental thereto.

11 April 1973]

Originally 19 of 1973 22 of 1974, 60 of 1974, L.N. 234175, L.N. 16177, L.N. 253177, 31 of
1978,
L.N. 129178,65 of 1979,17of 1980, L.N. 377/80,9of 1981,31 of 1981,44of1981,65 of
1984,
53 of 1985, 9 of 1986, 10 of 1986, R. Ed. 1986, 84 of 1988 9 U

PART 1

PRELIMINARY

Short title

1. This Ordinance may be cited as the Urban Council Ordinance.

Interpretation

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

'appointed member- means a person who has been appointed by the Governor to
act as a member of the Council in accordance with the provisions of section 9;

,,auxiliary force' means any of the auxiliary forces as defined in section 2 of the
Auxiliary Forces Pay and Allowances Ordinance (Cap. 254);

'Chairman' means any person elected to be Chairman of the Council under section
20;

'Council' means the Urban Council incorporated under section 3;

'District Board' means a District Board established under section 5 of the District
Boards Ordinance(Cap. 366); (Added 84 of 1988s.2)

'elected member' means a person who has been elected to act as a member of the
Council in accordance with the provisions of the Electoral Provisions
Ordinance (Cap. 367); (Amended 44 of 1981 s. 2)

'member' means an elected member, a representative member or an appointed
member; (Replaced 84 of 1988 s. 2)

'ordinary election' has the meaning assigned to it in the Electoral Provisions
Ordinance; (Replaced 44 of 1981 s. 2)

'representative member' means a person elected to act as a representative member
of the Council under section 7A; (Added 84 of 1988 s. 2)

'Secretary' means any person appointed by the Governor to be Secretary of the
Council under section 28, or any Deputy Secretary or Assistant Secretary so
appointed; (Amended 9 of 1986 s. 2)





',standing committee' means the standing committee established under section
30(2); (Amended 9 of 1986 s. 2)

'Urban Council area' has the meaning assigned to it in the District Boards
Ordinance; (Added 9 of 1986s.2)

'Vice-Chairman' means a person elected to be Vice-Chairman under section 20.
(Added 84 of 1988 s. 2)

(2) In an election under this Ordinance, a person shall not have a casting vote
in addition to a deliberative vote. (Added 84 of 1988s.2)

PART 11

INCORPORATION AND
CONSTITUTION

Incorporation

3. The Urban Council shall be a body corporate with perpetual succession and
shall and may sue and be sued in the corporate name of the Urban Council.

Seal

4. (1) The Council shall have a common seal, and the fixing of the seal shall

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

(b)be authenticated by the signatures of the Chairman and any member of
the Council, authorized by resolution of the Council either generally or
specially to act for that purpose.

(2) Any document purporting to be a document duly executed under the seal of
the Council shall be received in evidence and shall, unless the contrary is proved,
be deemed to be a document so executed.

Certain contracts and instruments not required to he
under seal

5. 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 Council by any person generally or specially
authorized by the Council for that purpose.

Urban Council

6. The Council shall consist of 15 elected members, 10 representative members
and 15 members appointed by the Governor.

(Amended 44 of 1981 s. 3; 84 of 1988 s. 3)

Tenure of office of elected members

7. (1) The elected members shall be elected in accordance with the provisions
of the Electoral Provisions Ordinance (Cap. 367) and shall hold office





(a)subject to subsection (2), in the case of a member elected at an ordinary
election for the Council, for 3 years from 1 April next following the
notification in the Gazette of his election;

(b)in the case of a member elected to fill a vacancy caused by an elected
member ceasing to be a member in accordance with section 18, from the
date of the notification in the Gazette of his election until the date when
the elected member whom he succeeded would otherwise have ceased to
hold office. (Amended 9 of 1981 s. 2; 44 of 1981 s. 4; 9 of 1986s.3)

(2) A member elected at the ordinary election in March 1989 shall hold office
from 1 April 1989 to 31 May 1991 and a member elected at the ordinary election in
May 1991 shall hold office from 1 June 1991 to 31 March in the year in which the
next ordinary election for the Urban Council is held. (Replaced 84 of 1988 s. 4)

Election and tenure of office of representative members

7A. (1) Each District Board in the Urban Council area shall, at a meeting of the
District Board, elect one of its members as its representative member on the Council
in accordance with the voting procedure set out in the Fifth Schedule and, subject
to this subsection, according to such procedures as the District Board may
determine by its standing orders.

(2) The District Officer for the district shall be the returning officer for the
election of a representative member.

(3) Subject to subsections (5) and (7), an appointed member or an elected
member of the Council, who is also a member of a District Board, is not qualified for
election as a representative member of the Council for the District Board.

(4) Between 16 March and 31 March 1989, the elected and appointed members
of each District Board in the Urban Council area shall elect one of their number as
the District Board's representative member for a term commencing 1 April 1989 and
expiring on 31 May 1991.

(5) For the election of a representative member in March 1989-

(a)an appointed or elected member of the Council whose term of office on the
Council will terminate on or before 31 March 1989 and who has not been re-
elected or re-appointed and who is a member of a District Board is
qualified for election as a representative member of the Council for the
District Board; and

(b)a person who has been elected as a member of the Council at the election
held in March 1989 but whose term of office does not commence until 1
April 1989 and who is also a member of a District Board, is not qualified for
election as a representative member of the Council for the District Board.

(6) Between 23 May and 31 May 1991, each District Board in the Urban Council
area shall elect one of its members as its representative member for a term
commencing on 1 June 1991 and expiring on 30 September in the year in which the
next ordinary election for the District Board is held.





(7) For the election of a representative member in May 1991-

(a)an appointed or elected member of the Council whose term of office on the
Council will terminate on or before 31 May 1991 and who has not been re-
elected or re-appointed and who is a member of a District Board is qualified
for election as a representative member of the Council for the District
Board; and

(b)a person who has been elected as a member of the Council at the election
held in May 1991 but whose term of office does not commence until 1 June
1991 and who is also a member of a District Board, is not qualified for
election as a representative member of the Council for the District Board.

(8) Subject to subsections (4) and (6), each District Board in the Urban Council
area shall, in the month following the month in which an ordinary election for the
District Board is held, elect one of its members as its representative member for a
term commencing on the first day of the month following the holding of the election
and expiring on 30 September in the year in which the next ordinary election for the
District Board is held.

(9) Where the office of a representative member becomes vacant under section
18, the District Board shall elect another representative member not earlier than one
month from the date of publication of the vacancy in the Gazette and the new
representative member shall hold office from the date of notification of his election in
the Gazette for the balance of the term of office that the former member would have
served if his office had not become vacant.

(10) The Chairman of a District Board shall notify the Governor in writing of the
result of the election of a representative member as soon as practicable after the
election.

(11) The Secretary shall publish notice of the election of a representative
member in the Gazette.

(12) The Legislative Council may by resolution amend the Fifth Schedule.

(Added 84 of 1988 s. 5)

8. (Repealed 44 of 1981 s. 5)

Appointment and tenure of office of appointed members

9. (1) An appointed member shall be appointed by the Governor by a
notification in the Gazette.

(2) Subject to this Ordinance, an appointed member shall hold office for a
period determined by the Governor. (Replaced 84 of 1988 s. 6)

Saving

9A. Nothing in this Ordinance shall prevent a person from being at the same
time a member of a District Board in the Urban Council area and a member of the
Council.

(Added 84 of 1988 s. 7)





PART 111

GENERAL PROVISIONS AS TO MEMBERS OF
COUNCIL

Disqualification from appointment, etc.

10. (1) A person shall be disqualified from being appointed or holding office as
an appointed member if he- (Amended 9 of 1986 s. 4)

(a)holds any public office (other than as a member of an auxiliary force) or
any office of emolument in the gift or disposal of the Council or any
committee thereof or having held such office has been dismissed
therefrom;

(b)has in Hong Kong or any other territory or country been sentenced to
death or imprisonment (by whatever name called) for a term exceeding 3
months and has not either suffered the punishment to which he was
sentenced or such other punishment as may by competent authority have
been substituted therefor or received a free pardon;

(c) has been convicted of treason;

(d)is disqualified from being appointed or holding office as an appointed
member under any enactment;

(e)is a member of any parliament, assembly or council, whether central or
local, of any place outside Hong Kong or a salaried functionary of a
government of such place; (Amended 9 of 1986 s. 4)

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

(fa) is the subject of a decision under the Mental Health Ordinance (Cap. 136)
that he is of unsound mind and incapable of managing himself and his
affairs; (Added 9 of 1986 s. 4)

(g)without prejudice to paragraph (b), has, where the appointment is to be
made or is made within 10 years from the date of conviction, been
convicted- (Amended 9 of 1986 s. 4)

(i) of any offence in Hong Kong or in any other territory or country and
sentenced to imprisonment, whether suspended or not, for a term
exceeding 3 months without the option of a fine;

(ii) of a corrupt or illegal practice within the meaning of the Corrupt and
Illegal Practices Ordinance (Cap. 288), other than the illegal practice
consisting of a contravention of any of the provisions of section 19(2) of
that Ordinance, or of a corrupt or illegal practice within the meaning of any
other enactment for the time being in force providing for the punishment
of corrupt or illegal practices;

(iii) (Repealed 65 of 1984 s. 13)

(iv) of any offence under the Prevention of Bribery Ordinance

(Cap. 20 1).(Replaced 44 of 1981 s. 7)





(2) Nothing in subsection (1)(fa) shall prevent the appointment as an
appointed member of a person disqualified under subsection (1)(fa) if under the
Mental Health Ordinance it is subsequently found that his unsoundness of mind
has ceased. (Added 9 of 1986 s. 4)

Qualifications for appointment as member

11. Any person, unless disqualified by virtue of this Ordinance or any other
enactment, shall be qualified for appointment as a member if he

(a)is entitled to be and is registered as an elector under the Electoral
Provisions Ordinance (Cap. 367); and

(b)has ordinarily resided in Hong Kong for the 10 years immediately
preceding the date of his appointment.

(Replaced 44 of 198 1 s. 7)

Eligibility for reappointment

12. A person ceasing to be an appointed member shall, unless he is not
qualified or is disqualified, be eligible to be again appointed as a member.

(Replaced 44 of 1981 s. 7)

Saving

13. The acts and proceedings of any member acting as such shall,
notwithstanding his want of qualification or disqualification, be as valid and
effectual as if he had been qualified.

(Replaced 44 of 1981 s. 7)

Non-acceptance of office

14. (1) A person may decline to accept office as an appointed, elected or
representative member by giving notice in writing to the Secretary at any time before
his term of office commences.

(2) If a person gives the Secretary notice of non-acceptance of office as a
member, the Secretary shall publish the notice in the Gazette and the person shall be
disqualified from holding office from the date of publication in the Gazette but may
be reappointed or elected at a subsequent election.

(Replaced 84 of 1988 s. 8)

Resignation of a member

15. (1) A member may at any time resign his office by giving notice in writing
under his hand to the Chairman or Secretary.

(2) A notice of resignation given under subsection (1) shall take effect-

(a)upon the date specified in the notice, which date shall not be earlier than
the date of the receipt of the notice by the Chairman or Secretary; or

(b)if no such date is specified in the notice, then upon receipt of the notice by
the Chairman or Secretary.

(Amended 9 of 1986 s. 6)





Substitution of members

16. If an appointed member is of the opinion that he will be prevented for more
than 3 months, by absence from Hong Kong or any other cause, from acting he may
give notice in writing to this effect to the Governor and to the Secretary and the
Governor may thereupon appoint some other person to replace such appointed
member until he returns to Hong Kong or is able to resume his functions and has
notified the Governor in writing accordingly.

(Amended 65 of 1984 s. 14; 9 of 1986 s. 5)

Non-attendance

17. (1) If a member fails throughout a period of 3 consecutive months to attend
any meeting of the Council he shall, unless the failure was due to some reason
approved by the Council, cease to hold office as a member of the Council. (Amended
9 of 1986 s. 7)

(2) A member of an auxiliary force employed as such during war or emergency
on any service therewith shall not cease to hold office under subsection (1) by
reason only of failure to attend meetings of the Council if the failure was due to such
employment.

Publication of notice of vacancy

18. When a member-

(a) who is an elected member-

(i) becomes disqualified by reason of section 19 of the Electoral
Provisions Ordinance (Cap. 367); or

(ii) whose election is determined by the High Court, on an election
petition under that Ordinance, to be void; (Amended 65 of 1984 s. 15)

(aa) who is a representative member for a District Board, ceases to be a
member of the District Board other than on the expiry of his term; (Added
84 of 1988 s. 9)

(b)who is an appointed member, becomes disqualified by reason of section
10;

(c)ceases to be registered or entitled to be registered as an elector under the
Electoral Provisions Ordinance;

(d)is disqualified from holding office under section 14(2); (Replaced 84 of
1988 s. 9)

(e) resigns in accordance with section 15;

(f) ceases to hold office by reason of section 17;

(g) ceases to hold office by reason of a declaration under section 51A;

(ga) who is an elected member, is convicted on a date after his election of an
offence referred to in section 19(1)(g)(ii) or (iv) of the Electoral Provisions
Ordinance; (Added 65 of 1984 s. 15)

(gb) who is an appointed member, is convicted on a date after his appointment
of an offence referred to in section 10(1)(g)(ii) or (iv); (Added 65 of 1984 s.
15)





(h) dies; or

(i) becomes disqualified or ceases to hold office for any other reason,
his office as such member shall become vacant and the Chairman or, if no
Chairman has been elected under section 20, the Secretary shall give notice
thereof in the Gazette.
(Replaced 44 of 1981 s. 8. Amended 9 of 1986 s. 8)

Members interests in contracts

19. (1) If a member has any pecuniary interest, direct or indirect, in any
contract or proposed contract or other matter and is present at a meeting of
the Council or a committee thereof at which the contract or other matter is
the subject of consideration, he shall at the meeting, as soon as practicable after
the commencement thereof, disclose the fact, and shall not take part in the
consideration or discussion of, or vote on any question with respect to, the
contract or other matter.

(2) This section shall not apply to an interest in a contract or other matter
which a member may have as a ratepayer or resident of the Urban Council area
or to an interest in any matter relating to the terms on which the right to
participate in any service is offered to the public. (Amended 9 of 1986 s. 9)

(3) A member shall not be treated as having a pecuniary interest in any
contract or other matter if the interest-
(a) of that member; or

(b)of any company, body or person connected with him as mentioned in
subsection (4),
is so remote or insignificant that it cannot reasonably be regarded as likely to
influence a member in the consideration or discussion of, or in voting on, any
question with respect to that contract or matter.

(4) For the purposes of this section a member shall be treated as having
indirectly a pecuniary interest in a contract or other matter, if-

(a)he, or any nominee of his, is a member of a company or other body
with which the contract is made or is proposed to be made or which
has a direct pecuniary interest in the other matter under consideration;
or
(b)he is a partner, or in the employment, of a person with whom the
contract is made or is proposed to be made or who has a direct
pecuniary interest in the other matter under consideration:
Provided that-
(i) this subsection shall not apply to membership of, or employment
under, any public body;
(ii) a member of a company or other body shall not, by reason only of his
membership, be treated as being so interested if he has no beneficial
interest in any shares or stock of that company or other body.
(5) In the case of married persons the interest of one spouse shall, if
known to the other, be deemed for the purposes of this section to be also an
interest of that other spouse. (Amended 9 of 1986 s. 9)





(6) A general notice given in writing to the Secretary by a member to the effect
that he or his spouse is a member or in the employment of a specified company or
other body, or that he or his spouse is a partner or in the employment of a specified
person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient
disclosure of his interest in any contract, proposed contract or other matter relating
to that company or other body or to that person which may be the subject of
consideration after the date of the notice.

(7) The Secretary shall record in a book to be kept for the purpose particulars
of any disclosure made under subsection (1), and of any notice given under
subsection (6), and the book shall be open at all reasonable hours to the inspection
of any member of the Council.

(8) Any person who fails to comply with subsection (1) shall be guilty of an
offence and shall be liable to a fine of $10,000 for each offence, unless he proves
that he did not know that a contract, proposed contract, or other matter in which he
had a pecuniary interest was the subject of consideration at the meeting.

(9) No prosecution of an offence under this section shall be instituted without
the consent of the Attorney General.

(10) The Council may by standing orders provide for the exclusion of a member
from a meeting of the Council or any committee whilst any contract, proposed
contract or other matter in which he has an interest to which this section applies is
under consideration.

(11) In this section 'committee' includes the standing committee and any select
committee or sub-committee appointed under section 35. (Added 9 of 1986s.9)

PART IV

CHAIRMAN

Council to elect Chairman and Vice-Chairman

20. (1) The Council, at the first meeting of the standing committee held in the
month following an ordinary election, shall elect a Chairman and a Vice-Chairman in
accordance with the procedure set out in the Fifth Schedule. (Replaced 84 of 1988
s. 10)

(2) The election of a member as Chairman or as Vice-Chairman shall not create a
vacancy on the Council and such member shall hold office as Chairman or Vice-
Chairman, as the case may be, only as long as he is a member of the Council.
(Replaced 44 of 1981 s. 10)

(3)-(4) (Repealed 44 of 1981 s. 10)

(5) No person shall assume office as Chairman or Vice-Chairman until he has
completed a declaration of acceptance of such office in the form prescribed in the
Third Schedule and delivered the same to the Secretary. (Amended 44of 1981s.10)





(6) The Chairman and the Vice-Chairman shall hold office until the 31 March of
the year in which an ordinary election for the Council is next held but shall be
eligible for re-election for a second or subsequent term of office. (Replaced 44 of
1981 s. 10. Amended 9 of 1986 s. 10)

(6A) The Chairman and Vice-Chairman elected in April 1989 shall hold office
until 31 May 1991. (Added 84of 1988s. 10)

(7) At the meeting referred to in subsection (1) the Secretary shall preside and
shall continue to preside until the Chairman assumes office but shall have neither a
casting nor a deliberative vote. (Added 9 of 1986 s. 10)

Duties of Chairman and Vice-Chairman

21. (1) The Chairman shall preside at meetings of the Council and of the
standing committee and shall perform such other duties as are prescribed in this
Ordinance.

(2) In the absence of the Chairman, or if at any time the office of Chairman is
vacant, the Vice-Chairman shall preside and shall perform such other duties of the
Chairman as are prescribed in this Ordinance.

(3) If both the Chairman and the Vice-Chairman are absent from a meeting of the
Council or of the standing committee the members present shall appoint from among
themselves a temporary Chairman to preside at that meeting.

Chairman to have casting vote

22. At any meeting of the Council or of the standing committee the Chairman or
other person presiding shall have an original vote and also, if the votes are equal, a
casting vote.

Resignation etc. of Chairman

23. (1) The Chairman or the Vice-Chairman may resign his office by giving
notice in writing under his hand to the Secretary and the provisions of section 15(2)
shall thereupon apply. (Amended44of1981s.11;9of 1986s.11)

(2) (Repealed 44 of 1981 s. 11)

(3) Where the Chairman or the Vice-Chairman resigns, dies or the office of
Chairman or Vice-Chairman is otherwise vacated, a new Chairman or Vice-Chairman,
as the case may be, shall be elected at the first meeting of the standing committee
thereafter and he shall hold office until the date when the Chairman or Vice-Chairman
whom he succeeded would otherwise have ceased to hold office. (Replaced 44 of
1981 s. 11. Amended 9 of 1986 s. 11; 84 of 1988s.II)

FUNCTI
ONS

Functions of the Council
24. The Council shall-





(a)exercise such powers and perform such duties as may, from time to time, be
conferred or imposed on the Authority by the Public Health and Municipal
Services Ordinance (Cap. 132); (Amended 10 of 1986 s.32)

(aa) exercise such powers and perform such duties as are conferred or
imposed on it by this Ordinance; (Added 9 of 1986s.12)

(ab) exercise the powers and perform the duties conferred or imposed on the
collection authority by the Waste Disposal Ordinance (Cap. 354); (Added
9 of 1986 s. 12)

(b) (Repealed 9 of 1986 s. 12)

(c)be the Board for the Urban Council area for the purposes of the Dutiable
Commodities (Liquor) Regulations (Cap. 109, sub. leg.);

(d)be the licensing authority for the purposes of licensing places of
entertainment within the Urban Council area under the Places of Public
Entertainment Regulations (Cap. 172, sub. leg.);

(e)undertake such other functions within the Urban Council area as the
Governor may from time to time direct.

(Amended 9 of 1986 s. 12)

Powers of the Council

25. (1) The Council may- (Amended 9 of 1986 s. 13)

(a)establish and maintain places and facilities for recreation, relaxation, the
performance of sports of any kind and the conduct of literary, artistic,
musical or other cultural activities of any kind;

(b)provide, promote, sponsor, assist or collaborate with any person or group
of persons whether incorporated or not in the organizing or presenting of

(i) dancing, musical, dramatic or theatrical performances of any kind;

(ii) cinematograph displays;

(iii) literary, historical, artistic, scientific or other cultural exhibitions or
competitions;

(iv) demonstrations, displays or competitions of, and training for,
sports; (Amended 9 of 1986 s. 13)

(c)acquire and hold property of any description if in the opinion of the
Council such property is necessary for the accommodation of the Council
or the Urban Services Department or for the performance of any purpose
which the Council is required or is permitted by this or any other
Ordinance to perform and subject to the terms and conditions upon which
such property is held to dispose of the same;

(d)undertake and execute any lawful trust which has as its object the
furtherance of any purpose which the Council is required or is permitted
by this or any other Ordinance to perform or any other object similar or
incidental to any such purpose;





(e)accept gifts and donations whether of property or otherwise and whether
subject to any special trust or not;

(ea) notwithstanding section 27

(i) enter into contracts; and

(ii) engage staff whether in a full or part time capacity; (Added 9 of
1986 s. 13)

(eb) provide recreational and cultural activities; (Added 9 of 1986 s. 13)

(ec) make such charges for the use of its facilities and services as it considers
are reasonable; (Added 9 of 1986s.13)

(f)do all such other acts as are reasonably necessary for the exercise or
performance of all or any of the powers or duties of the Council under this
or any other Ordinance and to perform any other function which is
incidental or conducive to the attainment or furtherance of the purposes of
the Council in accordance with the provisions of this or any other
Ordinance.

(2) Subject to subsection (3) the powers referred to in subsection (1) may be
exercised in relation to the Urban Council area or elsewhere. (Added 9 of 1986s.13)

(3) The powers referred to in subsection (1)(a) shall be exercised only in
relation to the Urban Council area. (Added 9 of 1986s.13)

Director of Urban Services

26. (1) The principal executive officer of the Council shall be the Director of
Urban Services.

(2) The Director of Urban Services (or, with the consent of the Chairman, a
Deputy Director or an Assistant Director) shall, notwithstanding that he is not a
member thereof, attend the meetings of the standing committee and report on the
execution of its decisions and may tender such advice as he thinks fit.

(3) The Director of Urban Services (or a Deputy Director or an Assistant
Director) may attend any meeting of any committee or sub-committee of the Council
appointed under section 35(1).

(4) With the consent of the chairman of any committee or sub-committee, a
public officer may attend any meeting of that committee or sub-committee. (Added 9
of 1986 s. 14)

(Amended 44 of 1981 s. 12; 9 of 1986 s. 14)

Urban Services Department

27. The Council shall discharge its functions through the Urban Services
Department which shall, under the direction of the Director of Urban Services, do all
acts and things necessary for implementing the decisions of the Council or of any
committee thereof to which the Council may have delegated the exercise of any of its
powers under this or any other Ordinance.

Secretary, Deputy Secretaries and Assistant Secretaries

28. (1) The Governor shall, after consultation with the Council, appoint a
Secretary to the Council.





(2) The Governor may, after consultation with the Council, appoint Deputy
Secretaries and Assistant Secretaries and may appoint such other staff as he may
determine to assist the Secretary. (Amended 9 of 1986 s. 15)

PART VI

PROCEEDINGS OF THE COUNCIL

Interpretation

28A. In this Part, except in sections 33(2), 35(1), (2) and (3) and 36, 'committee'
save where it is used in conjunction with 'standing' includes any sub-committee.

(Added 9 of 1986 s. 16)

Standing orders

29. The Council may make standing orders for regulating its procedure and
without prejudice to the generality of the foregoing such standing orders may make
such provision for the preservation of order at meetings as the Council may deem
necessary.

Council and standing committee meetings

30. (1) The Council shall meet at such times as may be laid down in standing
orders and may adjourn from time to time.

(2) There shall be a standing committee consisting of the Chairman and all the
members of the Council which shall meet at such times as may be laid down in
standing orders and which may adjourn from time to time.

(3) The Chairman may at any time summon a meeting of the Council or of the
standing committee.

(4) The Chairman shall, on a requisition signed by not less than 3 members of
the Council to that effect, summon a meeting of the Council or of the standing
committee as the case may be, within 7 days of receiving such requisition.

(5) Notice of meeting shall be given by the Secretary to each member of the
Council at least 2 clear days before the day of each meeting, except in case of
emergency when as long a period of notice as possible shall be given. Accidental
omission to supply such notice to any member of the Council shall not affect the
validity of a meeting. (Amended 9 of 1986 s. 17)

Minutes

31. (1) Minutes of the proceedings of the Council and of the standing
committee shall be kept and authenticated in accordance with standing orders.

(2) Until the contrary is proved, a meeting of the Council or of a committee
thereof, in respect of the proceedings whereof a minute has been kept and
authenticated in accordance with standing orders, shall be deemed to have been
duly convened and held and all the members present at the meeting shall be





deemed to have been duly qualified, and where the proceedings are proceedings
of a committee, the committee shall be deemed to have been duly constituted
and to have had power to deal with the matters referred to in the minutes.

Acts of the Council

32. (1) All questions coming or arising before a meeting of the Council or
of the standing committee shall be decided by a majority of the members present
and voting thereon.

(2) Nothing in subsection (1) shall limit the discretion of the Council or
any committee to determine any matter by circulating papers, and any papers so
circulated may assume the agreement of the Council or such committee to any
matter unless a member notifies his disagreement within such time as may be
specified in such papers. (Replaced 60 of 1974 s. 3)

Quorum

33. (1) At any meeting of the Council or of the standing committee 10
members shall be a quorum. (Amended 44 of 1981 s. 13; 84 of 1988 s. 12)

(2) The quorum for any committee of the Council appointed under
section 35(1) shall be laid down in standing orders of the Council.

Validity of acts of the Council

34. The proceedings of the Council or of a committee thereof shall not be
invalidated by any vacancy among their number, or by any defect in the election
or qualification of any member thereof.

Appointment of committees

35. (1) The Council may, for the better discharge of its functions under
this Ordinance, appoint committees which may include persons who are not
members of the Council. (Amended 9 of 1986 s. 18)

(2) At least two-thirds of the members of each committee shall be
members of the Council, one of whom shall be elected as Chairman of the
committee and as such shall have an original vote and, if the votes be equal, a
casting vote.

(M) A committee appointed under this section may, for the better
discharge of its functions, appoint sub-committees which may include persons
who are not members of the Council or of that committee. (Added 9 of 1986
s. 18)

(3) The Council may co-opt to any committee-

(a) the Director of Urban Services;

(b) (Repealed 9 of 1986 s. 1.8)

(e)with the consent of the Director of Urban Services, any officer of the
Urban Services Department;

(d) with the consent of the Chief Secretary, any other public officer,

and any person so co-opted shall serve on such committee.





(4) Every person appointed to any committee who is not a member of the
Council and every public officer co-opted to serve on any committee shall be a
member thereof for -the purposes of voting and determining a quorum.

Delegation of powers

36. (1) Subject to subsection (4) the Council may by resolution delegate any of
its powers and functions, including the power conferred by this section to delegate
power, to any member of the Council or to any committee of the Council or to any
member of any such committee or to any public officer with full powers to enforce
any of the provisions of any enactment conferring powers on the Council.
(Amended 9 of 1986 s. 19)

(2) (Repealed 9 of 1986 s. 19)

(3) In any case where a single member is exercising such delegated powers
under the provisions of subsection (1), if he is not in agreement with a
recommendation in writing of a public officer he shall refer such recommendation to
the appropriate Select Committee or to the Council, and the Committee or the
Council, as the case may be, shall decide whether the recommendation be accepted,
modified or rejected. (Amended 9 of 1986 s. 19)

(4) No delegation under subsection (1) shall authorize the exercise of any
power- (Amended 9 of 1986 s. 19)

(a)to approve the annual list of works or estimates of revenue or expenditure
of the Council, or any revision thereof made under section 39A;
(Replaced 65 of 1979 s. 2)

(aa) to incur expenditure in excess of that provided for in the estimates of
expenditure (whether as originally approved or as from time to time revised
under section 39A); (Added 65 of 1979 s. 2)

(b) to raise any loan under section 42(1);

(c)to authorize the annual report or statements of receipts and payments and
of assets and liabilities of the Council; (Amended 65 of 1979 s. 2)

(d) to make any bylaw or regulation; or

(e)to invest surplus funds of the Council under section 43 other than on
deposit in any bank licensed under the Banking Ordinance (Cap. 155) on
fixed term or call deposit or in a current or savings account. (Replaced 9 of
1986 s. 19)

(5) Nothing in paragraph (a) or (aa) of subsection (4) shall affect the authority
of the Council to delegate its powers in bylaws made in accordance with section 37.
(Added 65 of 1979 s. 2)

PART VII

FINANCIAL PROVISIONS

Accounts of the Council

37. (1) The accounts of the Council shall be prepared in such form, and
maintained in such manner as the Director of Accounting Services may direct.





(2) Subject to subsections (1) and (3), the Council may make bylaws for the
regulation and control of its finances, including provisions as to the following

(a)limitations on expenditure by any committee, sub-committee or person to
whom the Council may delegate powers to authorize expenditure;
(Amended 9 of 1986 s. 20)

(b)the establishment of reserves for particular purposes and the procedure to
be adopted by the Council in making transfers thereto or therefrom; and

(c)the establishment of a tender board for the procurement of such goods
and services as may be determined by the Council. (Replaced 65 of
1979s.3)

(3) Bylaws made under subsection (2) may contain delegations of the powers
mentioned in paragraphs (a) and (aa) of section 36(4) but not in excess of the
following--

(a) a delegation to the standing committee of the Council's powers-

(i) to revise from time to time in any way that part of the estimates of
expenditure referred to in section 39(1) which relates to capital works;

(ii) to revise from time to time, by adding any sub-head, any part of the
estimates of expenditure or of the list of works referred to in section 39(1);

(iii) to revise any part of the said estimates of expenditure or list of
works by authorizing expenditure in respect of any sub-head in excess of
the amount provided therefor (whether originally or as a result of a
revision thereof);

(b)a delegation to any member of the Council or to any committee or sub-
committee, other than the standing committee, or to any member of any
committee or any public officer of the Council's powers

(i) to revise from time to time that part of the said estimates which relate
to capital works by increasing or reducing the amount of the estimated
total cost of any capital work or the amount of the expenditure thereon
during the year to which the estimates relate;

(ii) to revise any part of the said estimates of expenditure or list of works
by authorizing expenditure in respect of any sub-head in excess of the
amount provided therefor in the said estimates or list of works (whether
originally or as a result of a revision thereof),

but limited, where subparagraph (i) applies, to an increase or reduction of
the amount of the estimated total cost of any capital work by not more
than 30% of the amount originally provided, and, where subparagraph (ii)
applies, to excess expenditure of not more than $15,000 where the amount
originally provided for a sub-head is less than $50,000 and of not more
than 30% of the amount originally provided for a sub-head in any other
case;

(c)a delegation to any member of the Council or to any committee or sub-
committee or any member of any committee or any public officer of the
Council's powers to transfer amounts appearing in a sub-head





of the said estimates (whether originally or as a result of a revision thereof)
to another sub-head thereof. (Replaced 65 of 1979 s. 3. Amended 9 of 1986 s.
20)

(4) Every delegation referred to in subsection (3) shall be made in terms which
require the person, committee or sub-committee within the period specified in the
bylaws to lay before the Council particulars of the exercise of the delegated powers.
(Added 65 of 1979s.3. Amended 9 of 1986s.20)

Annual accounts

38. As soon as may be convenient after the end of each financial year the
Council shall cause to be drawn up a statement of receipts and payments during
such financial year and a statement of the assets and liabilities of the Council on the
last day thereof.

(Amended 65 of 19 79 s. 4)

Estimates

39. (1) Not later than 3 months before the end of each financial year the Council
shall prepare and furnish to the Governor estimates of its revenue and expenditure
for the next financial year together with a list of works which the Council proposes to
undertake during the next financial year. (Amended 53of 1985s.2)

(2) The estimates shall set out, under separate headings, the sources of
revenue and the distribution of expenditure; and where several matters are dealt with
under one heading each such matter shall be itemized and be shown in a separate
sub-heading relating to similar items.

(3) The estimates may provide for-

(a)expenditure of such sums as may be necessary to defray the cost of official
ceremonies of the Council;

(b) payment of allowances to members to meet in expenses incurred in
connection with the discharge of the office of a member of the Council;
and

(c)payment of a special allowance or honorarium to the Chairman and Vice-
Chairman. (Amended 9 of 1986 s. 21)

(4) The list of works shall show in respect of each work-

(a) the estimated total cost thereof;

(b) the date on which such work is expected to be completed; and

(c) the amount to be expended thereon during the next financial year.

(Amended 65 of 1979 s. 5)

Council may revise estimates and fist of works

39A. (1) The Council may from time to time revise the estimates and list of
works furnished by it under section 39(1).





(2) The Council shall, in respect of each period of 3 months commencing
on the 1st days of January, April, July and October in each year, prepare and
furnish to the Governor details of any estimates or list of works revised under
subsection (1) during that period; and in so doing shall comply with such of the
requirements of subsections (2) and (4) of section 39 as are applicable.

(3) The details mentioned in subsection (2) shall be furnished to the
Governor within a period of 2 months after the expiration of the quarter to
which they relate or within such further period as the Governor may allow.
(Added 65 of 1979 s. 6)

Audit

40. (1) The Chairman shall within the period of 4 months, or such longer
period as the Governor may determine, after the close of each financial year,
transmit to the Director of Audit-

(a)the statement of the receipts and payments of the Council for that
financial year; (Amended 65 of 1979 s. 7)

(b)the statement of the assets and liabilities of the Council on the last day
of that financial year; and

(c)such other statements as the Director of Accounting Services may
specify from time to time.

(2) The Director of Audit shall be entitled at any time to have access to all
books of account, vouchers and other financial records of the Council and to
require such information and explanations thereon as he thinks fit.

(3) On receipt of the statements referred to in subsection (1), the Director
of Audit-

(a) shall examine and audit the statements; and

(b)shall within a period of 6 months after the close of the financial year,
or such longer period as the Governor may determine, prepare and
submit to the Council a report in respect of his examination and audit
of the statements together with-
(i) a copy of the statement of assets and liabilities duly certified by
him; and
(ii) a copy of the statement of receipts and payments duly certified
by him. (Amended L.N. 377180)

(4) The Chairman shall send copies of the audited statements and of the
report of the Director of Audit to the Governor.

Fees

41. Where under any regulations made by the Governor in Council the
Council is constituted as the authority for the purposes of such regulations and
as such authority the Council is required to do anything for which a fee is to be
paid or a charge made all such fees and charges shall be payable to the Council.





Fees for official signatures etc.

41A. (1) The Council may make bylaws prescribing fees, for a public
officer's attending to the matters mentioned in subsection (2), to be paid to the
Council in cases where-

(a)by any enactment the Council is constituted as an authority for the
purposes of that enactment;

(b)any such matter is required or authorized by law and it is the function
of a public officer on behalf of the Council to attend to it; and

(c)no fee therefor is otherwise payable to the Council and the enactment
does not disallow the charging of a fee therefor.

(2) The matters referred to in subsection (1) are-

(a)the signing of any certificate, authorization, consent, licence, permit or
exemption, or any alteration, transfer or renewal thereof, addition
thereto or endorsement thereon, or any copy of the same;

(b)the alteration, transfer, endorsement or addition to any certificate,
authorization, consent, licence, permit or exemption;

(c)the certification of an extract of a document, book, record or instru-
ment as a true extract thereof;

(d) the issue of a duplicate of a document, as provided for in subsection (3).

(3) Where an enactment requires or authorizes the issue of a document
by a public officer on behalf of the Council such officer may issue a duplicate
thereof.
(Added 65 of 19 79 s. 8)

Reduction etc. of fees and charges

41B. (1) Without limiting any particular power of the Council in that
behalf, any fee or charge payable to the Council under any enactment may
be, in any particular case and on any special ground-

(a)reduced by the Council or varied by it (but not so as to cause the fee
or charge as varied to exceed the original figure);

(b) remitted or refunded in whole or in part.

(2) The power in subsection (1) shall not be exercised in respect of Urban
Council rates payable under the Rating Ordinance (Cap. 116).
(Added 65 of 1979 s. 8)

Power to borrow

42. (1) Subject to such terms and conditions as may be approved by the
Financial Secretary, the Council may raise a loan or loans, chargeable upon and
payable out of the revenues and assets of the Council, of such sums of money as
may be required for any capital expenditure of the Council or for the repayment
of any loan previously raised for any such purpose.





(2) The Council may, with the approval of or in accordance with the
terms of any general authority given by the Financial Secretary, borrow
temporarily, by way of overdraft or otherwise, such sums of money as may be
required for discharging obligations or fulfilling functions imposed or conferred
upon the Council by this or any other Ordinance.

Investment of surplus funds

43. All funds of the Council that are not immediately required shall be---

(a) deposited in any bank licensed under the Banking Ordinance (Cap.
155) on fixed term or call deposit or in a current or savings account; or

(b) invested in such other investments as may be approved by the
Financial Secretary.
(Replaced 9 of 1986 s. 22)

Exemption from taxation

44. The revenues of the Council shall not be subject to taxation.
(Replaced 31 of 1981 s. 65)

PART VIII

MISCELLANEOUS PROVISIONS

Directions by the Governor

45. (1) The Governor may, after consultation with the Council, give the
Council directions of a general character as to the discharge by the Council of
its functions in relation to matters appearing to the Governor to affect the
public interest, and the Council shall give effect to such directions.

(2) The Governor may, after consultation with the Council, give to the
Council specific directions for the purpose of remedying any failure of the
Council to discharge any obligation or to fulfil any function imposed upon the
Council by this or any other Ordinance, and the Governor may further direct
any public officer to remedy such failure and any expense incurred thereby shall
be payable by the Council.

Vesting of property in the Council

46. (1) The Governor may by order vest in the Council, for the purposes
stated in such order, the management and control of any property which is
vested in the Crown.
(2) Any property vested in the Council which ceases to be used for the
purpose stated in the vesting order shall revert to the Crown without payment of
compensation.

Communications between the Council and the Governor

47. All communications from the Council to the Governor shall be signed
by the Chairman or the Secretary and be delivered to the Chief Secretary.





Annual report

48. The Chairman shall, at the time of forwarding the statements referred to in
section 40(4), make to the Governor a report on the activities of the Council during
that financial year.

Financial statements and report to he laid before
Legislative Council

49. As soon as may be convenient after the receipt thereof, the Governor shall
cause to be laid on the table of the Legislative Council

(a)the estimates and list of works of the Council furnished under section
39(1);

(aa) any revised estimates and list of works of the Council furnished under
section 39A(2); (Added 65 of 1979 s. 9)

(b)copies of the audited statements of accounts and of the report of the
Director of Audit furnished under section 40(4); and

(c)the Chairman's report on the activities of the Council furnished under
section 48.

Enforcement of orders

50. Failure to comply with any written order of a member of the Council, of a
committee of the Council, or of a member of a committee of the Council, duly
empowered under section 36 such order having been signed by the Secretary, and
failure to comply with any order of a public officer duly empowered under section 36
shall be punishable in the same manner as if such order had been made by the
Council.

Protection of members

51. No matter or thing done, by any member of the Council or of a committee of
the Council, bona fide for the purpose of carrying into effect the provisions of this
Ordinance or of any other enactment conferring powers on the Council, shall
subject such member personally to any action, liability, claim or demand
whatsoever.

Proceedings against members on grounds of disqualification

51A. (1) Proceedings may be instituted in the High Court ('the Court') against
any person acting as a member, on the ground of his being disqualified within the
meaning of this section for so acting, and on the like ground against any person
claiming to be entitled to so act:

Provided that proceedings under this section on the ground of a person acting
as aforesaid shall not be instituted after the expiration of 6 months from the date on
which he so acted. (Amended 65 of 1984 s. 16; 9 of 1986 s. 23)

(2) Where in proceedings instituted under this section it is proved that the
defendant has acted as a member while disqualified for so acting, then the Court
may





(a)make a declaration to that effect and to declare that the office in which the
defendant has acted is vacant;

(b) grant an injunction restraining the defendant from so acting; and

(e)order that the defendant shall forfeit to the Crown such sum as the Court
thinks fit, not exceeding $1,000 for each occasion on which he so acted
while disqualified. (Amended 9 of 1986 s. 23)

(3) When in proceedings instituted under this section it is proved that the
defendant claims to act as a member and is disqualified for so acting, the Court may
make a declaration to that effect and that the office in which the defendant claims to
be entitled to act is vacant, and may grant an injunction restraining him from so
acting.

(4) No proceedings shall be instituted under this section by any person other
than an elector (Within the meaning of the Electoral Provisions Ordinance (Cap. 367)
or the Attorney General.

(5) Where proceedings are instituted under this section by a person other than
the Attorney General such proceedings shall thereafter be stayed until such person
shall give security for all costs, charges and expenses which may become payable
by him to any witness summoned on his behalf or to a defendant.

(6) The security shall be of such amount, not exceeding $20,000. and shall be
given in such manner and form as the Court may direct.

(7) Except as provided by this section, no proceedings shall be instituted
against a person on the ground that he has while disqualified for acting as a
member, so acted or claimed to be entitled so to act.

(8) For the purposes of this section, a person shall be deemed to be
disqualified for acting as a member

(a) if he is not qualified to be, or is disqualified for being, a member; or

(b) if by reason of failure to make and deliver the declaration of acceptance of
office within the period required, resignation or for any other reason he
has ceased to be a member. (Amended 65 of 1984 s. 16) (Added 44 of
1981 s. 14)

Settlement of disputes

52. The Chairman may refer any dispute between the Council and any public
officer to the Governor in Council and such a reference shall be deemed to be an
appeal to the Governor in Council for the purposes of section 64 of the
Interpretation and General Clauses Ordinance (Cap. 1).

Prohibition of possession and use of armorial bearings

52A. (1) Except with the authority of the Council, no person shall use or have
in his possession without reasonable excuse

(a)any armorial bearings of the Council, which armorial bearings are
portrayed in the Fourth Schedule, or any copy or replica of such armorial
bearings; or

(b) any armorial bearings or other device containing the words 'Urban

Council' or the characters or





(c)any armorial bearings or other device which so resembles any armorial
bearings of the Council as to be capable of being mistaken for such
armorial bearings. (Amended 17 of 1980 s. 2)

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

(Added 22 of 19 74 s. 2)

Transitional provisions concerning contracts

53. Any contract, agreement or undertaking imposing any obligation or
conferring any benefit in force on 1 April 1973 relating to any premises the
management and control of which is vested in the Council or to the supply of goods
by or to any public officer in the performance of any function on behalf of the
Council shall be deemed to have been entered into on behalf of the Council and shall
be binding on all parties thereto.

Saving

54. For the avoidance of doubt it is hereby declared that the Urban Council
never has been, and shall not be regarded as, a servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.

(Added 9 of 1986 s. 24)

FIRST SCHEDULE
(Repealed 44 of 1981 s. 15)

SECOND SCHEDULE
(Repealed 84 of 1988 s. 13)

THIRD SCHEDULE [s- 20(5)]
PART I (Added 44of 1981 s. 16)

URBAN COUNCIL ORDINANCE
(Chapter 101)

DECLARATION OF ACCEPTANCE OF OFFICE

To the Secretary of the Urban Council.

1 .
....................................................................................................................................
............ of
....................................................................................................................................
.................
.

having been elected to the office of Chairman of the Urban Council hereby declare that 1 take
the said office upon myself and will duly and faithfully fulfil the duties thereof according to the
best of my judgment and ability.

Dated this ......day of ..............19

Signature
.............................................................

This declaration was made and subscribed before me a *Justice of the Peace/Magistrate/
Commissioner for Oaths.

Signature .............................................................

Note: Delete whichever is inapplicable.





PART II
URBAN COUNCIL ORDINANCE
(Chapter 101)

DECLARATION OF ACCEPTANCE OF
OFFICE To the Secretary of the Urban Council.

I . .............................
of .......................
...............................................................

having been duly elected to the office of Vice-Chairman of the Urban Council hereby declare that
I take the said office upon myself and will duly and faithfully fulfil the duties thereof according to

the best of my judgment and ability.
Dated this ........day of 19

Signature
.............................................................

This declaration was made and subscribed before me a *Justice of the Peace/ Magistrate/
Commissioner for Oaths.

Signature ...............................................

Notes: Delete whichever is inapplicable.

(Part II added 44 of 1981 s. 16)

FOURTH SCHEDULE [s. 52A]

(Replaced 17 of 1980 s.
3)

FIFTH SCHEDULE [ss. 7A(I) 20(1)]

VOTING PROCEDURE UNDER SECTIONS 7A(I) AND
20(1)

1. The election of a representative member under section 7A(I) or a Chairman or
ViceChairman under section 20(1) shall be conducted by one or more secret ballots held

(a) among those present and entitled to vote at the election; and

(b) in accordance with the following paragraphs.

2. Subject to paragraphs 4, 5 and 6, a candidate who receives an absolute majority of votes
shall be elected.





3. Where there are 2 candidates (either initially or after elimination ballots) and each receives
an equal number of votes, a further ballot shall be held.
4. If a further ballot is held under paragraph 3 and the candidates receive an equal number of
votes, they shall draw tots to determine which candidate is elected.
5. Where there are more than 2 candidates and no candidate receives an absolute majority of
votes, then-
(a)the candidate who receives the least number of votes shall retire following which a further
ballot shall be held for the remaining candidates;
(b)if 2 or more candidates receive an equal number of votes and that number is the least
number of votes for a candidate, a separate ballot shall be held for those candidates and
the candidate who receives the least votes shall retire following which a further ballot shall
be held for the remaining candidates.
6. If a separate ballot is held under paragraph 5(b) and the same candidates receive an equal
number of votes, the candidates shall draw lots to determine who shall retire following which a
further ballot shall be held for the remaining candidates.
(Added 84 of 1988 s. 14)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2445

Edition

1964

Volume

v7

Subsequent Cap No.

101

Number of Pages

29
]]>
Tue, 23 Aug 2011 18:07:12 +0800
<![CDATA[REGISTRAR GENERAL (ESTABLISHMENT) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2444

Title

REGISTRAR GENERAL (ESTABLISHMENT) ORDINANCE

Description






LAWS OF HONG KONG

REGISTRAR GENERAL (ESTABLISHMENT)

ORDINANCE

CHAPTER 100





CHAPTER 100

REGISTRAR GENERAL (ESTABLISHMENTS

To provide for the appointment of a Registrar General and other
officers, to define their duties, and to make provision for
connected purposes.

[10 January 1969.]

1. This Ordinance may be cited as the Registrar General
(Establishment) Ordinance.

2. (1) The Governor may appoint a Registrar General and such
other officers as may be required to assist the Registrar General in the
performance of his duties.

(2) No person shall be appointed Registrar General or to any of the
offices specified in Part 1 of the First Schedule unless on the date of
such appointment he is legally qualified.

(3) The Registrar General and any person appointed to an office
specified in Part 1 of the First Schedule shall be deemed to be legal
officers for the purpose of the Legal Officers Ordinance and shall have
all rights vested in legal officers by that Ordinance.

3. The Registrar General may exercise the powers and perform the
duties conferred or imposed upon the holder of any of the offices
specified in the Second Schedule.

4. Whenever in any Ordinance whether enacted before or after the
commencement of this Ordinance reference is made to any officer
holding any of the offices specified in the Second Schedule the same
shall be deemed to include a reference to the Registrar General.

5. (1) Any person appointed to an office specified in the First
Schedule may, subject to any instructions of the Registrar General,
exercise the powers and perform the duties conferred or imposed on the
Registrar General:

Provided that nothing in this subsection shall authorize any
person appointed to an office specified in Part 11 of the First Schedule
to exercise any of the rights vested in a legal officer by the Legal
Officers Ordinance.

(2) The Registrar General and any person appointed to an office
specified in the First Schedule may take any affidavit, affirmation or
statutory or other declaration required by or to be made before or
produced or delivered to or filed with the Registrar





General or with the holder of any of the offices specified in the Second
Schedule notwithstanding any Ordinance requiring the taking of such
affidavit, affirmation or statutory or other declaration by or before any
other person.

6. The Governor may, by order published in the Gazette, amend the
First and Second Schedules.

FIRST SCHEDULE

PART I

Assistant Registrar General
Deputy Principal Solicitor (Added, L.N. 169,82)
Assistant Principal Solicitor (Added, L.N. 80178)
Senior Solicitor
Solicitor
Assistant Solicitor

PART II

Insurance Officer (Added, L.N. 131 84)
Assistant Insurance Officer Added. L.N. 13 1/84)
Chief Assistant Registrar (Added, L.N. 392 81)
Senior Assistant Registrar
Assistant Registrar

SECOND SCHEDULE [ss. 3, 4. 5 & 6.]

Land Officer
Registrar of Companies
Registrar of Trade Marks
Registrar of Patents
Official Receiver (Amended, L.N. 268/84)
Official Solicitor (Amended, L.N. 111 78)
Official Trustee
Insurance Authority (Added, L.N. 131/84
(Amended, L.N. 163,79)
Originally 1 of 1969. L.N. 80/78. L.N. 111/78. L.N. 163/79. L.N. 392/81. L.N. 169/82. L.N. 131/84. L.N. 268/84. Short title. Appointment of Registrar General and other officers. First Schedule. (Cap. 87.) Powers and duties of Registrar General. Second Schedule. Reference to holders of offices in the Second Schedule to be deemed to refer to Registrar General. Powers and duties of officers appointed to assist the Registrar General. First Schedule. (Cap. 87.) Second Schedule. Governor may amend First and Second Schedules.

Abstract

Originally 1 of 1969. L.N. 80/78. L.N. 111/78. L.N. 163/79. L.N. 392/81. L.N. 169/82. L.N. 131/84. L.N. 268/84. Short title. Appointment of Registrar General and other officers. First Schedule. (Cap. 87.) Powers and duties of Registrar General. Second Schedule. Reference to holders of offices in the Second Schedule to be deemed to refer to Registrar General. Powers and duties of officers appointed to assist the Registrar General. First Schedule. (Cap. 87.) Second Schedule. Governor may amend First and Second Schedules.

Identifier

https://oelawhk.lib.hku.hk/items/show/2444

Edition

1964

Volume

v7

Subsequent Cap No.

100

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:07:12 +0800
<![CDATA[PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (ROYAL HONG KONG POLICE FORCE) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2443

Title

PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (ROYAL HONG KONG POLICE FORCE) ORDER

Description






PENSION BENEFITS (PRESCRIBED AGES)
(SENIOR RANK AND RANK AND FILE GRADES)
(ROYAL HONG KONG POLICE FORCE) ORDER

(Cap. 99, section 10(3)(b))

[10 July 1987.1

1. This order may be cited as the Pension Benefits (Prescribed
Ages) (Senior Rank and Rank and File Grades) (Royal Hong Kong Police
Force) Order.

2. In relation to a rank or grade (being a rank or grade specified in
the Schedule to the Ordinance) mentioned in column 1 of the Schedule,
the age specified in column 2 thereof opposite such mention of the rank
or grade, is hereby prescribed for the purposes of section 10(3)(b) of the
Ordinance.

SCHEDULE [para. 2.]

2
Rank or grade Age

All senior ranks 55
All rank and file grades 55
L.N. 211/87. Citation. Prescribed ages. Schedule.

Abstract

L.N. 211/87. Citation. Prescribed ages. Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2443

Edition

1964

Volume

v7

Subsequent Cap No.

99

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:11 +0800
<![CDATA[PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (IMMIGRATION DEPARTMENT) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2442

Title

PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (IMMIGRATION DEPARTMENT) ORDER

Description






PENSION BENEFITS (PRESCRIBED AGES)
(SENIOR RANK AND RANK AND FILE GRADES)
(IMMIGRATION DEPARTMENT) ORDER

(Cap. 99, section 10(3)(b))

[10 July 1987.]

1. This order may he cited as the Pension Benefits (Prescribed
Ages) (Senior Rank and Rank and File Grades) (Immigration
Department) Order.

2. In relation to a rank or grade (being a rank or grade
specified in the Schedule to the Ordinance) mentioned in column 1 of
the Schedule, the age specified in column 2 thereof opposite such
mention of the rank or grade, is hereby prescribed for the purposes
of section 10(3)(b) of the Ordinance.

SCHEDULE [para. 2.]

2
Rank or grade Age

All senior ranks 55
All rank and file grades 55
L.N. 210/87. Citation. Prescribed ages. Schedule.

Abstract

L.N. 210/87. Citation. Prescribed ages. Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2442

Edition

1964

Volume

v7

Subsequent Cap No.

99

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:11 +0800
<![CDATA[PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (FIRE SERVICES DEPARTMENT) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2441

Title

PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (FIRE SERVICES DEPARTMENT) ORDER

Description






PENSION BENEFITS (PRESCRIBED AGES)
(SENIOR RANK AND RANK AND FILE GRADES)
(FIRE SERVICES DEPARTMENT) ORDER

(Cap. 99, section 10(3)(b))

[10 July 1987.]

1. This order may be cited as the Pension Benefits (Prescribed
Ages) (Senior Rank and Rank and File Grades) (Fire Services
Department) Order.

2. In relation to a rank or grade (being a rank or grade
specified in the Schedule to the Ordinance) mentioned in column 1 of
the Schedule, the age specified in column 2 thereof opposite such
mention of the rank or grade, is hereby prescribed for the purposes
of section 10(3)(b) of the Ordinance.

SCHEDULE [para. 2.]

2
Rank or grade Age
All senior ranks 55
All rank and file grades 55
L.N. 209/87. Citation. Prescribed ages. Schedule.

Abstract

L.N. 209/87. Citation. Prescribed ages. Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2441

Edition

1964

Volume

v7

Subsequent Cap No.

99

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:10 +0800
<![CDATA[PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (CUSTOMS AND EXCISE DEPARTMENT) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2440

Title

PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (CUSTOMS AND EXCISE DEPARTMENT) ORDER

Description






PENSION BENEFITS (PRESCRIBED AGES)
(SENIOR RANK AND RANK AND FILE GRADES)
(CUSTOMS AND EXCISE DEPARTMENT) ORDER

(Cap. 99, section 10(3)(b))

[10 July 1987.1

1. This order may be cited as the Pension Benefits (Prescribed
Ages) (Senior Rank and Rank and File Grades) (Customs and
Excise Department) Order.

2. In relation to a rank or grade (being a rank or grade
specified in the Schedule to the Ordinance) mentioned in column 1 of
the Schedule, the age specified in column 2 thereof opposite such
mention of the rank or grade, is hereby prescribed for the purposes
of section 10(3)(b) of the Ordinance.

SCHEDULE [para. 2.1

2
Rank or grade Age
All senior ranks 55
All rank and file grades 55
L.N. 208/87. Citation. Prescribed ages. Schedule.

Abstract

L.N. 208/87. Citation. Prescribed ages. Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2440

Edition

1964

Volume

v7

Subsequent Cap No.

99

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:09 +0800
<![CDATA[PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (CORRECTIONAL SERVICES DEPARTMENT) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2439

Title

PENSION BENEFITS (PRESCRIBED AGES) (SENIOR RANK AND RANK AND FILE GRADES) (CORRECTIONAL SERVICES DEPARTMENT) ORDER

Description






PENSION BENEFITS (PRESCRIBED AGES)
(SENIOR RANK AND RANK AND FILE GRADES)
(CORRECTIONAL SERVICES DEPARTMENT) ORDER

(Cap. 99, section 10(3)(b))

[10 July 1987.1

1. This order may be cited as the Pension Benefits (Prescribed
Ages) (Senior Rank and Rank and File Grades) (Correctional Services
Department) Order.

2. In relation to a rank or grade (being a rank or grade specified in
the Schedule to the Ordinance) mentioned in column 1 of the Schedule,
the age specified in column 2 thereof opposite such mention of the rank
or grade, is hereby prescribed for the purposes of section 10(3)(b) of the
Ordinance.

SCHEDULE [para. 2.1

2
Rank or grade Age

All senior ranks 55
All rank and file grades 55
L.N. 207/87. Citation. Prescribed ages. Schedule.

Abstract

L.N. 207/87. Citation. Prescribed ages. Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2439

Edition

1964

Volume

v7

Subsequent Cap No.

99

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:08 +0800
<![CDATA[PENSION BENEFITS (PRESCRIBED AGES) (DIRECTORATE RANKS) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2438

Title

PENSION BENEFITS (PRESCRIBED AGES) (DIRECTORATE RANKS) ORDER

Description






PENSION BENEFITS (PRESCRIBED AGES) L.N. 206187.
(DIRECTORATE RANKS) ORDER -

(Cap. 99, section 10(3)(a))

[10 July 1987.]

1. This order may be cited as the Pension Benefits (Prescribed Citation. Ages)
(Directorate Ranks) Order.

2. In relation to a rank (being a rank specified in the Schedule Prescribed ages. to the
Pension Benefits Ordinance) mentioned in column 3 of the Schedule, the age specified in
column 4 thereof opposite such Schedule. mention of the rank, is hereby prescribed for the
purposes of section 10(3)(a) of the Ordinance.

SCHEDULE [para. 2.]

1 2 3 4
Item Department Rank or grade Age
1 Correctional Services Commissioner of Correctional 57
Department Services
Deputy Commissioner of Correctional 57
Services
All other Directorate ranks 55

2 Customs and Excise All Directorate ranks 57
Department
3 Fire Services All Directorate ranks 57
Department
4 Immigration All Directorate ranks 57
Department
5 Royal Hong Kong Commissioner of Police 57
Police Force Deputy Commissioner of Police 57
Senior Assistant Commissioner of 57
Police
All other Directorate ranks 55
L.N. 206/87. Citation. Prescribed ages. Schedule.

Abstract

L.N. 206/87. Citation. Prescribed ages. Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2438

Edition

1964

Volume

v7

Subsequent Cap No.

99

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:08 +0800
<![CDATA[PENSION BENEFITS ORDINANCE (ESTABLISHED OFFICES) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2437

Title

PENSION BENEFITS ORDINANCE (ESTABLISHED OFFICES) ORDER

Description






PENSION BENEFITS ORDINANCE (ESTABLISHED
OFFICES) ORDER

(Cap. 99, section 2(1)

[10 July 19871

L.N. 205 of 1987 - R. Ed. 1987, L.N. 25 of 1989, L.N. 95 of
1989

1. Citation

This order may be cited as the Pension Benefits Ordinance (Established
Offices) Order.

2. Established offices

Each of the offices specified in column 2 of the Schedule is, for the purposes of
the Ordinance, declared to be an established office.

3. Established office deemed to be such from certain date

An office to which the declaration in paragraph 2 applies is deemed to be an
established office from the date specified in column 3 of the Schedule opposite the
mention in column 2 of the Schedule of that office.

SCHEDULE [paras.2 & 3]

Date from which
office is to be
Grade Office deemed to be an
established office
Accounting Officer Senior Accounting Officer 14. 8.1974
Accounting Officer 1 14. 8.1974
Accounting Officer 11 14. 8.1974
Adjudicator Adjudicator 1.11.1978
Administrative Officer Administrative Officer Staff Grade A 1 . 7.1959
Administrative Officer Staff Grade B 1 22. 7.1981
Administrative Officer Staff Grade B 22. 5.1974
Administrative Officer Staff Grade C 1 . 7.1959
Senior Administrative Officer1 . 7.1959
Administrative Officer 1 . 7.1959
Aeronautical Communications Chief Aeronautical Communications 1.10.1979
Officer/ Supervisor Supervisor
Senior Aeronautical Communications 1.10.1979
Supervisor





Date from which
Grade Office office is to be
deemed to be an
established office
Aeronautical Communications Aeronautical Communications Supervisor 12.10.1977
Officer/ Supervisor Aeronautical Communications Officer 1 12.10.1977
Aeronautical Communications Officer 11 12.10.1977
Agricultural Laboratory Agricultural Laboratory Technician 1 1 . 4.1973
Technician Agricultural Laboratory Technician 11 14. 5.1969
Student Agricultural Laboratory 14. 5.1969
Technician
Agricultural Officer Senior Agricultural Officer 31. 5.1967
Agricultural Officer 1 . 4.1955
Assistant Agricultural Officer 1 . 4.1951
Air Traffic Control Assistant Senior Air Traffic Control Assistant 20.12.1967
Air Traffic Control Assistant 1 10.12.1962
Air Traffic Control Assistant 11 10.12.1962
Air Traffic Control Assistant 111 10.12.1962
Air Traffic Control Officer Chief Air Traffic Control Officer 18.11.1970
Air Traffic Control Officer 1 1. 4.1954
Air Traffic Control Officer 11 1. 4.1954
Air Traffic Control Officer 111 10.12.1962
Student Air Traffic Control Officer 1. 4.1971
Air-Conditioning Inspector Air-Conditioning Inspector 1 1. 4.1960
Air-Conditioning Inspector 11 1. 4.1959
Assistant Air-Conditioning Inspector 1. 4.1960
Airfield Supervisor Senior Airfield Supervisor 21.12.1983
Airfield Supervisor 21.12.1983
Airport Manager Airport General Manager 24. 5.1972
Deputy Airport General Manager 28. 7.1982
Assistant Airport General Manager 24. 5.1972
Airport Manager 24. 5.1972
Assistant Airport Manager 24. 5.1972
Airport Reception and Senior Airport Reception and 28. 6.1967
Information Officer Information Officer
Airport Reception and Information 1.10.1979
Officer 1
Airport Reception and Information 1.10.1979
Officer 11
Airport Reception and Information 1.10.1979
Officer 111
Ambulance Officer Chief Ambulance Officer 5. 7.1972
Assistant Chief Ambulance Officer 5. 7.1972
Superintendent (Ambulance) 5. 7.1972
Senior Ambulance Officer 5. 7.1972
Ambulance Officer 5. 7.1972
Ambulanceman Principal Ambulanceman 5. 7.1972
Senior Ambulanceman 5. 1.1966
Ambulanceman 1 . 4.1971
Amenities Assistant Senior Amenities Assistant 10. 3.1982
Amenities Assistant 1 10. 3.1982
Amenities Assistant 11 10. 3.1982
Amenities Assistant ill 10. 3.1982





Date from which
Grade Office office is to be
deemed to be an
established office

Amenities Officer Principal Amenities Officer 12. 6.1985
Chief Amenities Officer 25. 5.1983
Senior Amenities Officer 2. 1.1969
Amenities Officer 1 2. 1.1969
Amenities Officer 11 2. 1.1969
Analyst/Programmer Data Processing Manager 1 . 4.1974
Senior Assistant Data Processing 10. 2.1982
Manager
Assistant Data Processing Manager 1 . 4.1974
Project Manager (Electronic Data 1 . 4.1974
Processing)
Analyst/Programmer 1 1 . 4.1974
Analyst/Programmer 11 1 . 4.1974
Architect Principal Government Architect 11. 2.1970
Government Architect 25. 6.1969
Chief Architect 1 . 4.1948
Senior Architect 1 . 4.1962
Architect 9.12.1932
Assistant Architect 1. 4.1951
Archivist Archivist 9. 2.1972
Senior Assistant Archivist 12.10.1983
Assistant Archivist 9. 2.1972
Armourer Regimental Armourer 5. 6.1974
Armourer 1 1 . 4.1979
Armourer 11 12. 4.1967
Armourer 111 1 . 4.1979
Assessor Chief Assessor 1 . 4.1955
Senior Assessor 1 . 4.1966
Assessor 1 . 4.1947
Senior Assistant Assessor 10. 4.1968
Assistant Assessor 1 . 4.1947
Assistant Clerk of Works Assistant Clerk of Works (Grounds) 4. 9.1973
(Grounds)
Assistant Commissioner for Assistant Commissioner for Labour 25. 6.1974
Labour
Assistant Director of Senior Assistant Director of Municipal 1 . 4.1985
Municipal Services Services
Assistant Director of Municipal Services 1 . 4.1985
Assistant Director of Technical Assistant Director of Technical Education 1 . 4.1982
Education and Industrial and Industrial Training
Training
Assistant Officer Assistant Officer 1 2.12.1970
Assistant Officer 11 2.12.1970
Assistant Registrar Chief Assistant Registrar 1. 4.1981
Senior Assistant Registrar 1 1. 4.1981
Senior Assistant Registrar 11 1. 4.1981
Assistant Registrar 1 1. 4.1955
Assistant Registrar 11 1. 4.1955





Date from which
Grade Office office is to be
deemed to be an
established office

Assistant Shipping Master Senior Assistant Shipping Master 8. 9.1973
Assistant Shipping Master 1. 4.1953
Attorney General Attorney General 9.12.1932
Audiology Technician Audiology Technician 1 1. 7.1982
Audiology Technician 11 1. 7.1982
Auditor Principal Auditor 1. 4.1957
Senior Auditor 1. 9.1971
Auditor 3.12.1947
Bailiff Chief Bailiff 9.10.1963
Assistant Chief Bailiff 1. 4.1964
Senior Bailiff 9.10.1963
Bailiff 9.10.1963
Bailiff's Assistant Bailiff's Assistant 1. 4.1979
Bank Examination Assistant Bank Examination Assistant 10. 4.1968
Bank Examiner Senior Bank Examiner 1.11.1978
Bank Examiner 21.12.1966
Assistant Bank Examiner 21.12.1966
Building Services Engineer Government Building Services Engineer 1. 7.1967
Chief Building Services Engineer 18.10.1972
Senior Building Services Engineer 11. 5.1967
Building Services Engineer 11. 5.1967
Assistant Building Services Engineer 11. 5.1967
Building Services Inspector Building Services Inspector 1 11. 5.1967
Building Services Inspector 11 11. 5.1967
Assistant Building Services Inspector 11. 5.1967
Building Supervisor Building Supervisor 1 14. 6.1967
Building Supervisor 11 14. 6.1967
Assistant Building Supervisor 1 . 4.1961
Building Surveyor Principal Government Building Surveyor 11. 2.1970
Government Building Surveyor 25. 6.1969
Chief Building Surveyor 1 . 4.1948
Senior Building Surveyor 1 . 4.1962
Building Surveyor 1 . 1.1939
Assistant Building Surveyor 1 . 4.1958
Student Building Surveyor 7. 4.1971
Building Survey Adviser Building Survey Adviser 11. 4.1973
Butcher Master Butcher 12. 4.1967
Foreman Butcher 12. 4.1967
Butcher 1.10.1979
Assistant Butcher 1.10.1979
Calligraphist Senior Calligraphist 1. 4.1972
Calligraphist 1. 4.1955
Calligraphist Assistant Calligraphist Assistant 1 . 4.1971
Cartographer Senior Cartographer 23. 5.1979
Cartographer 1 . 4.1967
Census and Survey Officer Senior Census and Survey Officer 11.10.1977





Date from which
Grade Office office is to be
deemed to be an
established office
Census and Survey Officer Census and Survey Officer 11.10.1977
Assistant Census and Survey Officer 11.10.1977
Certificated Master/Mistress Principal Assistant Master/ Mistress 11. 2.1981
Senior Assistant Master/Mistress 1. 4.1955
Assistant Master/Mistress 1. 1.1947
Certificated Master/Mistress 1. 1.1947
Chauffeur Senior Personal Chauffeur 1.10.1966
Personal Chauffeur 1.10.1966
Chauffeur 1.11.1981
Chef Head Chef 26. 5.1965
No. 2 Chef 30. 6.1965
Chemist Government Chemist 19. 6.1947
Assistant Government Chemist 11.10.1985
Senior Chemist 28. 7.1965
Chemist 19. 6.1947
Chief Conference Interpreter Chief Conference Interpreter 25. 6.1986
Chief Fire Officer Chief Fire Officer 29. 9.1967
Deputy Chief Fire Officer 9. 5.1979
Chief Justice Chief Justice 9.12.1932
Chief Secretary Chief Secretary 9.12.1932
Chinese Language Officer Chief Chinese Language Officer 7. 9.1974
Senior Chinese Language Officer 7. 9.1974
Chinese Language Officer 1 7. 9.1974
Chinese Language Officer 11 7. 9.1974
Chiropodist Chiropodist 1 1 . 7.1982
Chiropodist 11 1 . 7.1982
Clerical Assistant Clerical Assistant 11.12.1968
Clerical Officer Senior Clerical Officer 1 . 4.1973
Clerical Officer 1 1 . 4.1973
Clerical Officer 11 1 . 4.1973
Clerk of Works Clerk of Works 1 1 . 4.1948
Clerk of Works 11 1 . 4.1948
Assistant Clerk of Works 1 . 4.1956
Clinical Psychologist Senior Clinical Psychologist 31.10.1979
Clinical Psychologist 12. 4.1967
Commissioner for Census and Commissioner for Census and Statistics 22. 5.1974
Statistics Deputy Commissioner for Census and 6. 5.1987
Statistics
Assistant Commissioner for Census and 15.11.1967
Statistics
Commissioner for Securities Commissioner for Securities 1. 6.1977
Deputy Commissioner for Securities 28. 7.1982
Assistant Commissioner for Securities 1. 6.1977
Commissioner for Television Commissioner for Television and 9.12.1981
and Entertainment Licensing Entertainment Licensing





Date from which
office is to be
Grade Office deemed to be an
established office
Commissioner for Transport Deputy Commissioner for Transport 14. 3.1979
Assistant Commissioner for Transport 1.10.1969
Commissioner of Banking Commissioner of Banking 1 . 4.1977
Deputy Commissioner of Banking 1 . 5.1986
Assistant Commissioner of Banking 1 . 4.1976
Commissioner of Correctional Commissioner of Correctional Services 1 . 2.1982
Services Deputy Commissioner of Correctional 1 . 2.1982
Services
Assistant Commissioner of Correctional 1 . 2.1982
Services
Commissioner of Customs and Commissioner of Customs and Excise 1 . 8.1982
Excise Deputy Commissioner of Customs and 1 . 8.1982
Excise
Assistant Commissioner of Customs and 1 . 8.1982
Excise
Commissioner of Inland Commissioner of Inland Revenue 1 . 1.1947
Revenue Deputy Commissioner of Inland Revenue 1 . 4.1965
Assistant Commissioner of Inland 1 . 4.1947
Revenue
Commissioner of Police Commissioner of Police 1 . 4.1946
Deputy Commissioner of Police 1 . 4.1946
Senior Assistant Commissioner of Police 1 . 4.1964
Assistant Commissioner of Police 1.10.1948
Commissioner of Rating and Commissioner of Rating and Valuation 31. 7.1947
Valuation Deputy Commissioner of Rating and 23. 5.1973
Valuation
Assistant Commissioner of Rating and 16. 5.1962
Valuation
Communications Controller Communications Controller 9.10.1968
Computer Operator Computer Supervisor 22. 7.1970
Senior Computer Operator 1.10.1979
Computer Operator 1 11. 2.1981
Computer Operator 11 11. 2.1981
Student Computer Operator 11. 2.1981
Confidential Assistant Senior Confidential Assistant 1 . 4.1976
Confidential Assistant 1 . 4.1976
Consultant Consultant 9. 5.1973
Controller, Government Land Controller, Government Land Transport 1 . 4.1982
Transport
Controller of Posts Chief Controller of Posts 12. 4.1972
Senior Controller of Posts 1 . 4.1962
Controller of Posts 4. 6.1941
Assistant Controller of Posts 1 1 . 4.1962
Assistant Controller of Posts 11 1 . 4.1962
Co-operative Supervisor Senior Co-operative Officer 1 1. 4.1961
Senior Co-operative Officer 11 1. 4.1961
Senior Co-operative Supervisor 16.12.1970





Date from which
Grade Office office is to be
deemed to be an
established office

Co-operative Supervisor Co-operative Supervisor 1 16.12.1970
Co-operative Supervisor 11 16.12.1970
Assistant Co-operative Supervisor 16.12.1970
Coroner Coroner 8.10.1980
Court Interpreter Chief Court Interpreter 14.10.1981
Senior Court Interpreter 1. 4.1973
Court Interpreter 1 26. 5.1971
Court Interpreter 11 26. 5.1971
Court Prosecutor Senior Court Prosecutor 2. 2.1983
Court Prosecutor 4. 8.1976
Court Reporter Senior Court Reporter 1.12.1965
Court Reporter 1. 4.1955
Craft Technician Craft Technician 1 1. 4.1963
Craft Technician 11 1. 4.1963
Crewman Officer (Royal Hong Crewman Officer (Royal Hong Kong 21.12.1977
Kong Auxiliary Air Force) Auxiliary Air Force)
Crown Counsel Principal Crown Counsel 1. 7.1959
Deputy Principal Crown Counsel 30. 4.1980
Assistant Principal Crown Counsel 23.11.1966
Senior Crown Counsel 1. 7.1959
Crown Counsel 12. 5.1938
Assistant Crown Counsel 15. 9.1965
Cultural Services Assistant Senior Cultural Services Assistant 1.10.1979
Cultural Services Assistant 1.10.1979
Curator Chief Curator 12.10.1983
Curator 1. 4.1960
Assistant Curator 1 1.10.1979
Assistant Curator 11 1.10.1979
Customs Officer Chief Customs Officer 12. 8.1977
Senior Customs Officer 12. 8.1977
Customs Officer 12. 8.1977
Data Processor Data Preparation Supervisor 9.12.1981
Senior Data Processor 1 . 4.1979
Data Processor 1 . 4.1979
Dental Hygienist Dental Hygienist 6. 7.1978
Student Dental Hygienist 6. 7.1978
Dental Inspector Dental Inspector 1 . 4.1948
Dental Officer Principal Dental Officer 6. 7.1978
Senior Dental Officer 1 . 4.1961
Dental Officer 1 . 4.1960
Dental Surgery Assistant Senior Dental Surgery Assistant 1 . 4.1958
Dental Surgery Assistant 1 . 4.1956
Dental Technician Senior Dental Technologist 1 . 4.1979
Dental Technologist 1 . 4.1959
Dental Technician 1 1 . 4.1979
Dental Technician 11 1 . 4.1979





Date from which
Grade Office office is to be
deemed to be an
established office
Dental Therapist Tutor Dental Therapist 6. 7.1978
Senior Dental Therapist 26.10.1983
Dental Therapist 10.11.1976
Student Dental Therapist 6. 7.1978
Dietitian Senior Dietitian 1 . 4.1966
Dietitian 1 . 4.1951
Director of Accounting Services Director of Accounting Services 1 . 3.1975
Deputy Director of Accounting Services 1 . 3.1975
Assistant Director of Accounting Services 11. 1.1978
Director of Agriculture and Director of Agriculture and Fisheries 1 . 4.1966
Fisheries Deputy Director of Agriculture and 12. 5.1971
Fisheries
Assistant Director of Agriculture and 1 . 7.1964
Fisheries
Director of Architectural Director of Architectural Services 11. 4.1986
Services Deputy Director of Architectural Services 11. 4.1986
Director of Audit Director of Audit 1.11.1988
Deputy Director of Audit 1.10.1953
Assistant Director of Audit 14. 2.1979
Director of Broadcasting Director of Broadcasting 1. 4.1952
Deputy Director of Broadcasting 11. 2.1981
Assistant Director of Broadcasting 12.10.1983
Director of Buildings and Director of Buildings and Lands 11. 4.1986
Lands
Director of Civil Aviation Director of Civil Aviation 19. 3.1948
Deputy Director of Civil Aviation 4. 9.1973
Assistant Director of Civil Aviation 8.12.1965
Director of Civil Engineering Director of Civil Engineering Services 1. 6.1986
Services Assistant Director of Civil Engineering 1. 6.1986
Services
Director of Education Director of Education 9.12.1932
Deputy Director of Education 1. 4.1951
Senior Assistant Director of Education 1. 9.1977
Assistant Director of Education 1. 4.1954
Principal Education Officer 14.10.1987
Director of Electrical and Director of Electrical and Mechanical 1 . 8.1982
Mechanical Services Services
Deputy Director of Electrical and 1 . 8.1982
Mechanical Services
Director of Environmental Director of Environmental Protection 1 . 4.1986
Protection Assistant Director of Environmental 1 . 4.1986
Protection
Director of Fire Services Director of Fire Services 1 . 4.1961
Deputy Director of Fire Services 1 . 4.1961
Director of Government Director of Government Supplies 4. 4.1969
Supplies Deputy Director of Government Supplies 4. 4.1969
Director of Highways Director of Highways 1 . 6.1986





Date from which
Grade office office is to be
deemed to be
established office
Director of Housing Director of Housing 17. 9.1973
Deputy Director of Housing 1. 4.1973
Assistant Director of Housing 1. 4.1973
Director of Immigration Director of Immigration 4. 8.1961
Deputy Director of Immigration 4.10.1967
Assistant Director of Immigration 12. 5.1971
Director of Information Director of Information Services 23. 8.1948
Services Deputy Director of Information Services 13. 2.1980
Assistant Director of Information Services 3. 7.1974
Director of Legal Aid Director of Legal Aid 1. 4.1970
Deputy Director of Legal Aid 3.10.1973
Director of Marine Director of Marine 14. 1.1948
Deputy Director of Marine 1. 4.1966
Assistant Director of Marine 14. 1.1948
Director of Medical and Health Director of Medical and Health Services 24. 5.1950
Services Deputy Director of Medical and Health 24. 5.1950
Services
Senior Assistant Director of Medical and 11.11.1981
Health Services
Assistant Director of Medical and Health 1. 4.1960
Services
Director of Protocol Director of Protocol 1. 4.1964
Director of Royal Observatory Director of Royal Observatory 9.12.1932
Assistant Director of Royal Observatory 4. 5.1977
Director of Social Welfare Deputy Director of Social Welfare 5. 8.1970
Assistant Director of Social Welfare 1 . 4.1960
Director of Technical Director of Technical Education and 6. 5.1987
Education and Industrial Industrial Training
Training
Director of Territory Director of Territory Development 11. 4.1986
Development Deputy Director of Territory 11. 4.1986
Development
Assistant Director of Territory 11. 4.1986
Development
Director of Water Supplies Director of Water Supplies 1 . 4.1965
Deputy Director of Water Supplies 13.10.1982
Assistant Director of Water Supplies 10.10.1984
Dispenser Chief Dispenser 1 . 4.1959
Senior Dispenser 23. 4.1949
Dispenser 1 . 4.1957
Student Dispenser 1. 4.1957
District Judge District Judge 15. 1.1953
Draughtsman Senior Draughtsman 11. 2.1981
Draughtsman 1.10.1979
Dredger Crane Driver Dredger Crane Driver 1 15.11.1966
Dredger Crane Driver 11 1.10.1979





Date from which
Grade Office office is to be
deemed to be an
established office
Dredger Mate/Dredger Master Dredger Master 15.11.1966
Dredger Mate 15.11.1966
Dredger Mechanic Senior Dredger Mechanic 15.11.1966
Dredger Mechanic 1 15.11.1966
Dredger Mechanic 11 15.11.1966
Driving Examiner Senior Driving Examiner 25. 5.1983
Driving Examiner 1 25. 5.1983
Driving Examiner 11 25. 5.1983
Driving Instructor Driving Instructor 25. 5.1983
Economist Deputy Secretary (Economic Services) 25. 3.1981
Principal Assistant Secretary (Economic 1 . 4.1977
Services)
Senior Economist 25. 4.1979
Economist 25. 4.1979
Education Assistant Senior Education Assistant 1 . 4.1972
Education Assistant 1 . 4.1972
Education Officer Principal 1 1.10.1971
Principal 11 1 . 4.1972
Education Officer 1. 4.1952
Assistant Education Officer 1 . 4.1952
Education Officer Senior Education Officer (Administration) 1 . 4.1972
(Administration) Education Officer (Administration) 1 . 4.1972
Assistant Education Officer 1 . 4.1972
(Administration)
Electrical and Mechanical Principal Government Electrical and 11. 2.1970
Engineer Mechanical Engineer
Government Electrical and Mechanical 25. 6.1969
Engineer
Chief Electrical and Mechanical Engineer 2. 4.1969
Senior Electrical and Mechanical Engineer 2. 4.1969
Electrical and Mechanical Engineer 2. 4.1969
Assistant Electrical and Mechanical 2. 4.1969
Engineer
Electrical Engineer Chief Electrical Engineer 1. 4.1965
Senior Electrical Engineer 1. 4.1962
Electrical Engineer 9.12.1932
Assistant Electrical Engineer 1 . 4.1952
Electrical Inspector Electrical Inspector 1 1 . 4.1947
Electrical Inspector 11 1 . 4.1947
Assistant Electrical Inspector 1 . 4.1954
Electrical Technician Senior Electrical Technician 1 . 4.1959
Electrical Technician 1 . 4.1958
Electronics Engineer Chief Electronics Engineer 4. 9.1973
Senior Electronics Engineer 20.12.1967
Electronics Engineer 20.12.1967
Assistant Electronics Engineer 20.12.1967
Engineer Principal Government Engineer 6. 6.1973
Government Engineer 6. 6.1973





Date from which
Grade Office office is to be
deemed to be an
established office

Engineer Chief Engineer 1. 4.1951
Senior Engineer 1. 4.1962
Engineer 9.12.1932
Assistant Engineer 4. 6.1941
Engineer (Fisheries Research Chief Engineer (Fisheries Research Vessel) 3. 9.1969
Vessel) Second Engineer (Fisheries Research 3. 9.1969
Vessel)
Assistant Engineer (Fisheries Research 27.10.1982
Vessel)
Engineering Laboratory Engineering Laboratory Technician 1 25. 3.1987
Technician Engineering Laboratory Technician 11 25. 3.1987
Student Engineering Laboratory 25. 3.1987
Technician
Enrolled Nurse Enrolled Nurse 17.12.1975
Pupil Nurse 17.12.1975
Enrolled Nurse (Psychiatric) Enrolled Nurse (Psychiatric) 17.12.1975
Pupil Nurse (Psychiatric) 17.12.1975
Environmental Protection Senior Environmental Protection 8. 4.1987
Assistant Assistant
Environmental Protection Assistant 1 31.10.1979
Environmental Protection Assistant 11 31.10.1979
Environmental Protection Principal Environmental Protection 1.11.1980
Officer Officer
Senior Environmental Protection Officer 31.10.1979
Environmental Protection Officer 31.10.1979
Assistant Environmental Protection 31.10.1979
Officer
Estate Caretaker Head Estate Caretaker 1. 4.1962
Senior Estate Caretaker 24. 5.1978
Estate Caretaker 1. 1.1977
Estate Surveyor Chief Estate Surveyor 23.10.1968
Senior Estate Surveyor 1 . 4.1959
Estate Surveyor 1 . 4.1952
Assistant Estate Surveyor 1 . 4.1963
Student Estate Surveyor 7. 4.1971
Examiner Chief Examiner 9. 6.1965
Senior Examiner 1 . 4.1951
Examiner 1 . 4.1951
Executive Assistant Chief Executive Assistant 1 . 4.1960
Senior Executive Assistant 1 . 4.1956
Executive Assistant 1.4.1956
Executive Officer Senior Principal Executive Officer 7.12.1983
Principal Executive Officer 1.10.1977
Chief Executive Officer 1 . 4.1964
Senior Executive Officer 1 . 4.1971
Executive Officer 1 1 . 1.1947
Executive Officer 11 1 . 1.1947
Experimental Officer Principal Experimental Officer 21. 5.1986

Chief Experimental Officer 17.1.1973





Date from which

Grade Office office is to be
deemed to be an
established office

Experimental Officer Senior Experimental Officer 1. 7.1959
Experimental Officer 1. 7.1959
Explosives Officer Chief Explosives Officer 19. 7.1972
Senior Explosives Officer 1. 4.1962
Explosives Officer 1 1.10.1979
Explosives Officer 11 1.10.1979
Assistant Explosives Officer 1.10.1979
Explosives Supervisor Explosives Supervisor 1 1.10.1970
Explosives Supervisor 11 1.10.1970
Factory Inspector Chief Factory Inspector 23. 6.1976
Deputy Chief Factory Inspector 19. 7.1978
Superintendent of Factory Inspectors 1 . 4.1963
Divisional Factory Inspector 1 . 4.1963
Factory Inspector 1 1 . 7.1982
Factory Inspector 11 1 . 7.1982
Field Assistant Senior Field Assistant 16. 2.1977
Field Assistant 16. 2.1977
Field Officer Senior Field Officer 1 . 4.1962
Field Officer 1 1 . 4.1962
Field Officer 11 1 . 4.1962
Assistant Field Officer 1 . 4.1962
Financial Secretary Financial Secretary 12. 3.1937
Fire Services Training Officer Fire Services Training Officer (Physical 26. 9-1962
(Physical Education) Education)
Assistant Fire Services Training Officer 29.10.1969
(Physical Education)
Fire Services Ventilation Officer Senior Fire Services Ventilation Officer 1.10.1980
Fire Services Ventilation Officer 7. 7.1971
Fireman Principal Fireman 1. 4.1961
Senior Fireman 1. 4.1955
Fireman 1. 4.1971
Fisheries Laboratory Fisheries Laboratory Technician 1 29.11.1973
Technician Fisheries Laboratory Technician 11 29.11.1973
Student Fisheries Laboratory Technician 29.11.1973
Fisheries Officer Senior Fisheries Officer 14.10.1987
Fisheries Officer 14.10.1987
Assistant Fisheries Officer 14.10.1987
Fisheries Supervisor Senior Fisheries Supervisor 24. 7.1968
Fisheries Supervisor 1 1 . 4.1955
Fisheries Supervisor 11 1 . 4.1955
Assistant Fisheries Supervisor 29. 1.1969
Fleet Maintenance Officer Fleet Maintenance Officer 1 . 4.1974
Flight Technician Chief Flight Technician 16. 7.1975
Senior Flight Technician 6. 1.1971
Flight Technician 6. 1.1971
Force Armourer Senior Force Armourer 18.11.1970
Force Armourer 1. 4.1962





Date from which
Grade Office office is to be
deemed to be an
established office

Force Welfare Officer Senior Force Welfare Officer 6. 1.1971
Force Welfare Officer 10. 4.1968
Assistant Force Welfare Officer 1.11.1978
Foreman Senior Overseer 27. 7.1977
Overseer 9.12.1932
Senior Foreman 10.11.1976
Foreman 10.11.1976
Forestry Officer Senior Forestry Officer 31. 5.1967
Forestry Officer 1 . 4.1951
Assistant Forestry Officer 1 . 4.1959
General Manager (Correctional General Manager (Correctional Services 1 . 2.1982
Services Industries) Industries)
Geotechnical Engineer Principal Government Geotechnical 13. 7.1977
Engineer
Government Geotechnical Engineer 13. 7.1977
Chief Geotechnical Engineer 13. 7.1977
Senior Geotechnical Engineer 13. 7.1977
Geotechnical Engineer 13. 7.1977
Assistant Geotechnical Engineer 13. 7.1977
Government Dockyard Government Dockyard Manager 1 . 4.1974
Manager
Government Economist Government Economist 1.10.1987
Government House Domestic Government House Domestic Staff 1 9.12.1981
Staff Government House Domestic Staff 11 9.12.1981
Government House Domestic Staff 111 9.12.1981
Government House Domestic Staff IV 9.12.1981
Government House Domestic Staff V 9.12.1981
Government Land Agent Principal Government Land Agent 11. 2.1970
Government Land Agent 25. 6.1969
Government Printer Government Printer 1. 1.1952
Government Security Officer Government Security Officer 31.10.1973
Government Transport Officer Government Transport Officer 17. 7.1978
Head Steward Chief Steward 28.11.1979
Head Steward 17. 5.1967
Health Inspector Senior Superintendent of Urban Services 16. 4.1969
Superintendent of Urban Services 16. 4.1969
Chief Health Inspector 16. 4.1969
Senior Health Inspector 16. 4.1969
Health Inspector 1 1.10.1980
Health Inspector 11 1.10.1980
Student Health Inspector 1. 4.1963
Herbarium Assistant Herbarium Assistant 16. 8.1972
Hospital Administrator Principal Hospital Administrator 11.11.1981
Chief Hospital Administrator 17. 4.1980
Senior Hospital Administrator 17. 4.1980
Hospital Administrator 1 17. 4.1980
Hospital Administrator 11 17. 4.1980





Date from which
Grade Office office is to be
deemed to be an
established office

Hospital Foreman Chief Hospital Foreman 24. 6.1981
Senior Hospital Foreman 24. 6.1981
Hospital Foreman 24. 6.1981
Hostel Manager/Manageress Senior Hostel Manager/Manageress 1.10.1979
Hostel Manager/Manageress 1.10.1979
House Service Inspector House Service Inspector 1. 4.1957
Housekeeper Housekeeper 1. 4.1950
Housing Manager Chief Housing Manager 10. 2.1982
Senior Housing Manager 7. 1.1970
Housing Manager 15. 3.1956
Assistant Housing Manager 1 . 4.1958
Housing Assistant 1 . 4.1973
Hydrologist Hydrologist 11. 4.1973
Immigration Assistant Senior Immigration Assistant 16. 8.1978
Immigration Assistant 1 . 4.1971
Immigration Officer Principal Immigration Officer 1 . 4.1972
Assistant Principal Immigration Officer 1 . 9.1972
Chief Immigration Officer 1 . 4.1972
Senior Immigration Officer 1 . 4.1972
Immigration Officer 1 . 4.1972
Assistant Immigration Officer 1 . 4.1972
Independent Commission Independent Commission Against 1 . 2.1979
Against Corruption Officer Corruption Officer (Pensionable)
(Pensionable)
Industrial Officer (Correctional Superintendent of Correctional Services 1 . 2.1982
Services) Industries
Chief Industrial Officer (Correctional 1 . 2.1982
Services)
Principal Industrial Officer (Correctional 1 . 2.1982
Services)
Industrial Officer (Correctional Services) 1 . 2.1982
Industrial Promotion Project Industrial Promotion Project Officer 12. 6.1984
Officer
Industrial Training Officer Chief Industrial Training Officer 16. 8.1978
Senior Industrial Training Officer 12.12.1973
Industrial Training Officer 12.12.1973
Assistant Industrial Training Officer 12.12.1973
Information Officer Chief Information Officer 5. 3.1969
Principal Information Officer 1 . 7.1959
Senior Information Officer 1 . 7.1959
Information Officer 1 . 7.1959
Assistant Information Officer 1 1 . 7.1959
Assistant Information Officer 11 1 . 7.1959
Inoculator Senior Inoculator 1 . 4.1959
Inoculator 1 . 4.1959
Inspector (Graduate) Principal Inspector 1 . 4.1972
Senior Inspector 1 . 4.1972





Date from which
Grade Office office is to be
deemed to be an
established office
Inspector (Graduate) Inspector (Graduate) 1 . 4.1972
Assistant Inspector (Graduate) 1 . 4.1972
Inspector (Non-graduate) Inspector (Non-graduate) 1 . 4.1972
Assistant Inspector (Non-graduate) 1 . 4.1972
Inspector Senior Controller (Telecommunications) 7. 7.1976
(Telecommunications)/ Controller (Telecommunications) 7. 7.1976
Controller Assistant Controller 7. 7.1976
(Telecommunications) (Telecommunications)
Inspector (Telecommunications) 1 . 9.1962
Assistant Inspector (Telecommunications) 1 . 9.1962
Inspector of Apprentices Senior Inspector of Apprentices 11. 2.1981
Inspector of Apprentices 7. 7.1976
Inspector/ Superintendent of Senior Superintendent of Customs and 12. 8.1977
Customs and Excise Excise
Superintendent of Customs and Excise 12. 8.1977
Assistant Superintendent of Customs and 12. 8.1977
Excise
Senior Inspector of Customs and Excise 12. 8.1977
Inspector of Customs and Excise 12. 8.1977
Inspector of Works Inspector of Works 1 1 . 4.1948
Inspector of Works 11 1 . 4.1948
Assistant Inspector of Works 1 . 6.1954
Instructor (Correctional Instructor (Correctional Services) 1 . 2.1982
Services)
Insurance Officer Insurance Officer 12.10.1983
Assistant Insurance Officer 12.10.1983
Interpreter (Simultaneous Chief Interpreter (Simultaneous 1. 4.1974
Interpretation) interpretation)
Interpreter (Simultaneous Interpretation) 4. 9.1973
Interviewer Head Interviewer 14. 8.1973
Interviewer 14. 8.1973
Judge of the High Court Judge of the High Court 20. 2.1976
Judicial Clerk Principal Judicial Clerk 26.10.1983
Chief Judicial Clerk 1. 4.1976
Senior Judicial Clerk 1 26.10.1983
Senior Judicial Clerk 11 26.10.1983
Judicial Clerk 1. 6.1961
Junior Police Officer Police Station Sergeant 1. 4.1971
Police Sergeant 1. 1.1933
Police Constable 1. 1.1933
Justice of Appeal Justice of Appeal 20. 2.1976
Laboratory Specialist Services Laboratory Specialist Services Officer 8.12.1982
Officer
Laboratory Technician Laboratory Technician 1 17. 6.1970
Laboratory Technician 11 17. 6.1970
Laboratory Technician 111 17. 6.1970





Date from which
Grade Office office is to be
deemed to be an
established office
Labour Inspector Chief Labour Inspector 11. 2.1981
Senior Labour Inspector1 . 4.1955
Labour Inspector 1 1 . 4.1947
Labour Inspector 11 1 . 4.1947
Labour Officer Chief Labour Officer 8. 5.1974
Senior Labour Officer22. 1.1963
Labour Officer 14.11.1938
Assistant Labour Officer7.12.1946
Land Executive Principal Land Executive1 . 4.1976
Chief Land Executive1 . 4.1976
Senior Land Executive1 . 4.1976
Land Executive 1 . 4.1976
Land Inspector Land Inspector 1 4. 8.1976
Land Inspector 11 4. 8.1976
Land Surveyor Government Land Surveyor25. 6.1969
Chief Land Surveyor 23.10.1968
Senior Land Surveyor 1. 4.1960
Land Surveyor 9.12.1932
Assistant Land Surveyor1 . 4.1963
Landscape Architect Senior Landscape Architect 10. 8.1983
Landscape Architect 1 . 4.1974
Assistant Landscape Architect10. 8.1983
Launch Mechanic Supervisor (Engine Crews)1 . 4.1974
Senior Launch Mechanic1 . 4.1974
Launch Mechanic 1 . 4.1974
Oiler 1 . 4.1974
Laundry Manager Laundry Manager 1.11.1967
Assistant Laundry Manager1. 4.1964
Law Clerk Senior Law Clerk 1 26.10.1983
Senior Law Clerk 11 26.10.1983
Law Clerk 1. 4.1960
Law Officer Law Officer 14. 2.1979
Lay Magistrate Lay Magistrate 11. 2.1981
Leading Fisherman Leading Fisherman 27.10.1982
Lecturer (Graduate) Principal Lecturer 1. 4.1972
Senior Lecturer 1. 4.1972
Lecturer (Graduate) 1. 4.1972
Lecturer (Non-graduate) Lecturer (Non-graduate) 1. 4.1972
Assistant Lecturer 1-10.1979
Legal Aid Counsel Deputy Principal Legal Aid Counsel 15. 2.1984
Assistant Principal Legal Aid Counsel 13.10.1982
Senior Legal Aid Counsel13.10.1982
Legal Aid Counsel 13.10.1982
Liaison Officer Senior Liaison Officer1. 4.1976
Liaison Officer 1 1. 7.1959
Liaison Officer 11 1. 7.1959





Date from which
Grade Office office is to be
deemed to be an
established office
Librarian Chief Librarian 22. 1.1975
Librarian 22. 1.1975
Assistant Librarian 1 8.12.1964
Assistant Librarian 11 8.12.1964
Lighthouse Keeper Principal Lighthouse Keeper 1 . 4.1948
Lighthouse Keeper 1 . 4.1955
Linen Production Unit Linen Production Unit Manager 9. 9.1970
Manager
Linen Production Unit Linen Production Unit Supervisor 9. 9.1970
Supervisor
Machinist/Tailor Tailor 1 . 6.1975
Machinist 1 . 6.1975
Magistrate Principal Magistrate 1 . 4.1962
Magistrate 4. 6.1941
Maintenance Surveyor Government Maintenance Surveyor 1 . 7.1967
Chief Maintenance Surveyor 1. 4.1964
Senior Maintenance Surveyor 1. 7.1967
Maintenance Surveyor 1 . 4.1964
Assistant Maintenance Surveyor 1 . 4.1964
Student Maintenance Surveyor 7. 4.1971
Management Services Officer Assistant Financial Secretary 1. 4.1982
(Management Services)
Principal Management Services Officer 25. 3.1987
Chief Management Services Officer 1. 4.1982
Senior Management Services Officer 1 . 4.1982
Management Services Officer 1 1. 4.1982
Management Services Officer 11 1. 4.1982
Manager, Cultural Services Chief Manager, Cultural Services 12.10.1983
Manager, Cultural Services 12.10.1977
Senior Assistant Manager, Cultural 12.10.1977
Services
Assistant Manager, Cultural Services 12.10.1977
Marine Inspector Marine Inspector 1 17. 4.1980
Marine Inspector 11 17. 4.1980
Marine Officer Principal Marine Officer 26. 4.1967
Senior Marine Officer 14. 1.1948
Marine Officer 14. 1.1948
Assistant Marine Officer 10.11.1966
Mass Transit Adviser Mass Transit Adviser 26. 9.1975
Master (Correctional Services) Senior Master (Correctional Services) 1. 2.1982
Master (Correctional Services) 1. 2.1982
Master (Fisheries Research Master (Fisheries Research Vessel) 27.10.1982
Vessel)
Mate (Fisheries Research Mate (Fisheries Research Vessel) 27.10.1982
Vessel)/ Boatswain (Fisheries Boatswain (Fisheries Research Vessel) 27.10.1982
Research Vessel)
Mechanical Engineer Chief Mechanical Engineer 1. 4.1965





Date from which
Grade Office office is to be
deemed to be an
established office

Mechanical Engineer Senior Mechanical Engineer 1. 4.1962
Mechanical Engineer 21.11.1947
Assistant Mechanical Engineer 1 . 4.1952
Mechanical Inspector Mechanical Inspector 1 1 . 4.1949
Mechanical Inspector 11 1 . 4.1949
Assistant Mechanical Inspector 1 . 4.1953
Medical Board Assistant Medical Board Assistant 19. 6.1963
Medical and Health Officer Principal Medical and Health Officer 1 . 7.1959
Senior Medical and Health Officer 1 . 7.1959
Medical and Health Officer 1 . 4.1948
Medical Laboratory Technician Chief Medical Technologist 1 . 4.1954
Senior Medical Technologist 1 . 4.1957
Medical Technologist 1 . 4.1955
Medical Laboratory Technician 1 1 . 4.1959
Medical Laboratory Technician 11 1 . 4.1959
Student Medical Laboratory Technician 1 . 4.1959
Member, Lands Tribunal Member, Lands Tribunal 16.10.1974
Meter Reader Chief Meter Reader 9.12.1932
Senior Meter Reader 1 . 8.1979
Meter Reader 1 1 . 8.1979
Meter Reader 11 1 . 8.1979
Midwife Midwife 1 . 4.1957
Mining Engineer Mining Engineer 1 . 4.1954
Motor Vehicle Examiner Senior Motor Vehicle Examiner 2. 8.1978
Motor Vehicle Examiner 1 23. 6.1976
Motor Vehicle Examiner 11 23. 6.1976
Assistant Motor Vehicle Examiner 23. 6.1976
Mortuary Supervisor Mortuary Supervisor 26. 8.1978
Mortuary Technician Mortuary Technician 13. 1.1988
Mould Laboratory Technician Mould Laboratory Technologist 25. 6.1986
Senior Mould Laboratory Technician 5. 6.1974
Mould Laboratory Technician 1 . 4.1962
Student Mould Laboratory Technician 1 . 4.1962
Music Officer Chief Music Officer 10. 2.1982
Senior Music Officer 10. 2.1982
Music Officer 10. 2.1982
Assistant Music Officer 1 10. 2.1982
Assistant Music Officer 11 10. 2.1982
Observer/Crewman (Royal Senior Observer/Crewman (Royal Hong 13.10.1982
Hong Kong Auxiliary Air Kong Auxiliary Air Force)
Force) Observer/Crewman (Royal Hong Kong 21.12.1977
Auxiliary Air Force)
Occupational Hygienist Occupational Hygienist 9.12.1981
Assistant Occupational Hygienist 9.12.1981
Occupational Therapist Superintendent Occupational Therapist 24. 5.1961

Senior Occupational Therapist 24.1.1968





Date from which

Grade Office office is to be
deemed to be an
established office

Occupational Therapist Occupational Therapist 1 1.10.1979
Occupational Therapist 11 11. 2.1981
Occupational Therapy Occupational Therapy Assistant 22. 7.1970
Assistant
Office Assistant Office Assistant 10.11.1976
Officer Senior Superintendent of Correctional 1 . 2.1982
Services
Superintendent of Correctional Services 1 . 2.1982
Chief Officer 4. 6.1941
Principal Officer 1 . 7.1962
Officer 1 . 7.1962
Operations Officer Chief Operations Officer 2. 8.1972
Senior Operations Officer 2. 8.1972
Operations Officer 2. 8.1972
Assistant Operations Officer 10.11.1976
Optical Technician Senior Optical Technician 1. 4.1961
Optical Technician 1. 4.1951
Orthoptist Orthoptist 1 1 . 7.1982
Orthoptist 11 1 . 7.1982
Personal Assistant to H.E. the Personal Assistant to H.E. the Governor 29.11.1973
Governor
Personal Secretary/ Personal Assistant 1 . 4.1976
Stenographer Senior Personal Secretary 1 . 4.1976
Personal Secretary 1. 4.1976
Stenographer 1 . 4.1976
Pest Control Assistant Pest Control Assistant 11 24. 5.1978
Student Pest Control Assistant 24. 5.1978
Pest Control Officer Pest Control Officer 19. 7.1972
Assistant Pest Control officer 19. 7.1972
Pharmacist Chief Pharmacist 1. 4.1947
Senior Pharmacist 1 . 4.1959
Pharmacist 1 . 4.1947
Photogrammetric Operator Photogrammetric operator 16. 2.1976
Photographer Senior Photographer 22. 4.1964
Photographer 1 1 . 4.1958
Photographer 11 1 . 4.1968
Photoprinter Photoprinter 1 1 . 4.1950
Photoprinter 11 1 . 4.1968
Physical Training instructor Physical Training Instructor 1 . 4.1966
Assistant Physical Training Instructor 29. 6.1977
Physicist Senior Physicist 1 . 4.1960
Physicist 1 . 4.1957
Physiotherapist Superintendent Physiotherapist 1 . 4.1954
Senior Physiotherapist 24. 1.1968
Physiotherapist 1 12. 2.1969
Physiotherapist 11 12. 2.1969





Date from which
Grade Office office is to be
deemed to be an
established office
Pilot Senior Pilot 6. 1.1982
Pilot 18.12.1974
Planning Officer Senior Planning Officer 1 . 4.1963
Planning Officer 1 . 4.1958
Assistant Planning Officer 1 . 4.1957
Police Communications Police Communications Assistant 7. 1.1976
Assistant
Police Communications Police Communications Computer 7. 1.1976
Computer Operator Operator
Police Communications Officer Chief Police Communications Officer 6. 5.1987
Senior Police Communications Officer 7. 1.1976
Police Communications officer 7. 1.1976
Police Inspector/ Chief Superintendent of Police 1 . 4.1948
Superintendent Senior Superintendent of Police 1 . 4.1951
Superintendent of Police 9.12.1932
Chief Police Inspector 1 . 1.1933
Senior Police Inspector 1 . 1.1961
Police Inspector 1 . 9.1945
Police Interpreter Chief Police Interpreter 11. 3.1981
Senior Police Interpreter 11. 6.1969
Police Interpreter 1 1 . 4.1962
Police Interpreter 11 1 . 4.1962
Police Research Officer Senior Police Research Officer 10. 2.1982
Police Research Officer 9. 5.1973
Assistant Police Research Officer 9. 5.1973
Police Telecommunications Controller (Police Telecommunications) 15. 9.1965
Assistant Senior Police Telecommunications 9.12.1981
Assistant
Police Telecommunications Assistant 1 9.12.1981
Police Telecommunications Assistant 11 9.12.1981
Postal Officer Superintendent of Posts 1. 4.1962
Assistant Superintendent of Posts 1. 4.1962
Senior Postal Officer 21.10.1970
Postal Officer 21.10.1970
Postman Postman 18.12.1974
Postmaster General Postmaster General 9.12.1932
Deputy Postmaster General 1.10.1953
Assistant Postmaster General 18.10.1972
Presiding Officer Presiding Officer 24. 5.1972
Principal Assistant Financial Senior Principal Assistant Financial 1.10.1987
Secretary Secretary
Principal Assistant Financial Secretary 14.10.1981
Principal Assistant Secretary Deputy Secretary (Monetary Affairs) 10. 2.1982
(Monetary Affairs) Principal Assistant Secretary (Monetary 13. 7.1977
Affairs)
Principal Assistant Secretary Principal Assistant Secretary (Works) 24.11.1982
(Works)





Date from which
Grade Office office is to be
deemed to be an
established office

Principal Assistant Secretary Principal Assistant Secretary for Security 1 . 2.1986
for Security (Assessment) (Assessment)

Principal, College of Education Vice-Principal, College of Education 1 . 4.1972
Principal, Technical Institute Principal, Technical Institute 1 . 4.1972
Vice-Principal, Technical Institute 1 . 4.1972
Printing Officer Chief Printing Superintendent 21. 6.1978
Senior Printing Superintendent 21. 6.1978
Printing Superintendent 1 . 8.1954
Chief Printing Officer 1 . 4.1956
Senior Printing Officer 1 . 4.1953
Printing Officer 1 . 4.1953
Student Printing Officer 1 . 4.1965
Printing Technician Senior Printing Technician 1 . 4.1970
Printing Technician 1 1 . 4.1970
Printing Technician 11 1 . 4.1970
Programme Officer Controller (Broadcasting Services) 11. 2.1981
Chief Programme Officer 2. 8.1978
Principal Programme Officer 2. 8.1978
Senior Programme Officer 2. 8.1978
Programme Officer 18. 8.1965
Assistant Programme Officer 18. 8.1965
Programme Assistant 2. 8.1978
Projectionist Senior Projectionist 17. 1.1973
Projectionist 1 . 4.1961
Proof Reader Chief Proof Reader 3. 7.1974
Senior Proof Reader 7. 9.1966
Proof Reader 1 . 8.1954
Prosthetist Senior Prosthetist 18. 5.1977
Prosthetist 1 1 . 5.1970
Prosthetist 11 1 . 5.1970
Student Prosthetist 1 . 5.1970
Protocol Officer Protocol Officer 29.10.1969
Assistant Protocol Officer 24. 3.1988
Quantity Surveyor Government Quantity Surveyor 1. 4.1965
Chief Quantity Surveyor 1 . 7.1967
Senior Quantity Surveyor 1. 4.1962
Quantity Surveyor 9.12.1932
Assistant Quantity Surveyor 1 . 4.1960
Quarry Manager Quarry Manager 1. 4.1964
Assistant Quarry Manager 1 . 8.1977
Radar Specialist Mechanic Radar Specialist Mechanic 1. 4.1957
Assistant Radar Specialist Mechanic 1. 4.1966
Radio Mechanic Senior Radio Mechanic 1 . 4.1967
Radio Mechanic 1. 4.1956
Radiographer Superintendent Radiographer 1 . 4.1947
Senior Radiographer 1 . 4.1954
Radiographer 1 1.10.1979





Date from which
Grade Office office is to be
deemed to be an
established office
Radiographer Radiographer 11 1.10.1979
Student Radiographer12. 2.1969
Recreation and Sport Officer Principal Recreation and Sport Officer 14.10.1981
Chief Recreation and Sport Officer 10. 2.1982
Senior Recreation and Sport Officer 10. 2.1982
Recreation and Sport Officer10. 2.1982
Assistant Recreation and Sport Officer 1 10. 2.1982
Assistant Recreation and Sport Officer 11 10. 2.1982
Registered Nurse Nursing Director 11.11.1981
Regional Nursing Officer11.11.1981
Chief Nursing Officer1. 4.1971
Senior Nursing Officer1.10.1979
Nursing Officer 1 1. 4.1971
Nursing Officer 11 1. 4.1971
Registered Nurse 17.12.1975
Student Nurse 1. 4.1957
Registered Nurse (Psychiatric) Chief Nursing Officer (Psychiatric) 23. 5.1979
Senior Nursing Officer (Psychiatric) 1.10.1979
Nursing Officer I (Psychiatric) 1. 4.1971
Nursing Officer II (Psychiatric) 1. 4.1971
Registered Nurse (Psychiatric)17.12.1975
Student Nurse (Psychiatric)1. 4.1958
Registrar General Registrar General 1. 4.1949
Assistant Registrar General2.12.1964
Registrar, Supreme Court Registrar, Supreme Court 9.12.1932
Deputy Registrar, Supreme Court 10. 7.1985
Assistant Registrar, Supreme Court 29.11.1972
Registrar of Trade Unions Registrar of Trade Unions 17. 9.1960
Deputy Registrar of Trade Unions 1. 4.1955
Assistant Registrar of Trade Unions 1. 4.1955
Rent Officer Chief Rent Officer 26.10.1983
Senior Rent Officer 26.10.1983
Rent Officer 1 26.10.1983
Rent Officer 11 26.10.1983
Sailor Boatswain 4.10.1967
Senior Coxswain 1 . 4.1974
Coxswain 1 . 4.1974
Sailor 1 . 4.1974
Science Laboratory Technician Science Laboratory Technologist 25. 3.1987
Science Laboratory Technician 1 25. 3.1987
Science Laboratory Technician 11 25. 3.1987
Scientific Assistant Chief Scientific Assistant 1 . 4.1966
Senior Scientific Assistant1 . 4.1966
Scientific Assistant1 . 4.1966
Student Scientific Assistant1 . 4.1971
Scientific Officer Senior Scientific Officer 1 . 4.1961
Scientific Officer 1 . 4.1949
Scientific Officer (Medical) Scientific Officer (Medical) 1 . 4.1959





Date from which
Grade Office office is to be
deemed to be an
established office
Secretary, Government Secretary, Government Secretariat 23. 5.1973
Secretariat
Secretary (Functions) Secretary (Functions) 7. 6.1978
Secretary, Regional Council Secretary, Regional Council 1 . 4.1985
Secretary, Urban Council Secretary, Urban Council 1 . 4.1973
Securities Officer Senior Securities Officer 4. 8.1976
Securities Officer 4. 8.1976
Security Assistant (Legislative Security Assistant (Legislative Council 3. 9.1985
Council Building) Building)
Security Officer (Legislative Security Officer (Legislative Council 3. 9.1985
Council Building) Building)
Senior Liaison Officer (London Senior Liaison Officer (London Office) 1. 4.1976
Office)
Shift Charge Engineer Superintending Engineer 17. 4.1980
Deputy Superintending Engineer 17. 4.1980
Senior Shift Charge Engineer 17. 4.1980
Shift Charge Engineer 17. 4.1980
Assistant Shift Charge Engineer 17. 4.1980
Ship Inspector Ship Inspector 1 1 . 4.1969
Ship Inspector 11 1 . 4.1963
Assistant Ship Inspector 24. 6.1981
Shipping Safety Assistant Shipping Safety Assistant 28. 3.1979
Shipping Safety Officer Senior Shipping Safety Officer 25. 4.1973
Shipping Safety Officer 25. 4.1973
Smoke Inspector Senior Smoke Inspector 11. 2.1970
Smoke Inspector 11. 2.1970
Assistant Smoke Inspector 11. 2.1970
Social Security Officer Chief Social Security Officer 1 . 4.1979
Senior Social Security Officer 1 . 4.1979
Social Security Officer 1 1 . 4.1979
Social Security Officer 11 1 . 4.1979
Social Work Assistant Senior Social Work Assistant 1 . 4.1979
Social Work Assistant 1 . 4.1979
Social Work Officer Principal Social Work Officer 1 . 4.1979
Chief Social Work Officer 1 . 4.1979
Senior Social Work Officer 1 . 4.1979
Social Work Officer 1 . 4.1979
Assistant Social Work Officer 1 . 4.1979
Solicitor Deputy Principal Solicitor 10. 2.1982
Assistant Principal Solicitor 1 . 4.1978
Senior Solicitor 9. 1.1969
Solicitor 9. 1.1969
Special Photographer Senior Special Photographer 1.10.1979
Special Photographer 1 1.10.1979
Special Photographer 11 1.10.1979





Date from which
Grade Office office is to be
deemed to be an
established office
Speech Therapist Speech Therapist 18. 8.1971
Staff Officer, Auxiliary Medical Chief Staff Officer, Auxiliary Medical 10. 2.1982
Services Services
Staff Officer, Auxiliary Medical Services 10. 2.1982
Staff Officer, Civil Aid Services Chief Staff Officer, Civil Aid Services 23. 3.1960
Staff Officer, Civil Aid Services 9.12.1987
Staff Officer, Royal Hong Kong Chief Staff Officer, Royal Hong Kong 11.11.1981
Auxiliary Air Force Auxiliary Air Force
Station Officer/Divisional Senior Divisional Officer 30. 8.1979
Officer Divisional Officer 1. 4.1970
Assistant Divisional Officer 1. 4.1970
Senior Station Officer 6. 8.1980
Station Officer 1. 4.1970
Statistical Officer Senior Statistical Officer 1.11.1973
Statistical Officer 1 1.10.1979
Statistical Officer 11 1.10.1979
Student Statistical Officer 1.10.1979
Statistician Senior Statistician 1 . 4.1964
Statistician 1 . 4.1957
Statistics Supervisor Senior Statistics Supervisor 30. 3.1977
Statistics Supervisor 30. 3.1977
Structural Engineer Government Structural Engineer 1. 4.1965
Chief Structural Engineer 1. 4.1960
Senior Structural Engineer 1 . 4.1956
Structural Engineer 6. 7.1948
Assistant Structural Engineer 1 . 4.1950
Superintendent of Aids to Superintendent of Aids to Navigation 25. 6.1986
Navigation Assistant Superintendent of Aids to 25. 6.1986
Navigation
Superintendent of Mines Superintendent of Mines 1 . 4.1959
Supervisor of Typing Services Supervisor of Typing Services 1 . 4.1976
Supplies Assistant Supplies Assistant 4. 4.1969
Supplies Officer Controller of Government Supplies 25.11.1981
Principal Supplies Officer 25.11.1981
Chief Supplies Officer 4. 4.1969
Senior Supplies Officer 4. 4.1969
Supplies Officer 4. 4.1969
Assistant Supplies Officer 4. 4.1969
Supplies Supervisor Senior Supplies Supervisor 3. 9.1969
Supplies Supervisor 1 4. 4.1969
Supplies Supervisor 11 4. 4.1969
Survey Officer Principal Survey Officer 1 . 8.1977
Senior Survey Officer 1 . 8.1977
Survey Officer 1 . 8.1977
Survey Officer Trainee 1 . 8.1977
Surveyor Attendant Surveyor Attendant 24. 8.1973





Date from which
Grade Office office is to be
deemed to be
established office
Surveyor of Ships Surveyor General of Ships 20. 7.1966
Principal Surveyor of Ships 9. 2.1966
Senior Surveyor of Ships 4. 6.1941
Surveyor of Ships 4. 6.1941
Tally Clerk Tally Clerk 12. 4.1967
Tax Inspector Principal Tax Inspector 6. 5.1970
Chief Tax Inspector 2.12.1964
Senior Tax Inspector 1 . 9.1951
Tax Inspector 1 1 . 4.1954
Tax Inspector 11 1 . 4.1954
Taxation Officer Taxation Officer 1 . 4.1947
Technical Instructor Technical Instructor (Correctional 1 . 2.1982
(Correctional Services) Services)
Technical Officer Chief Technical Officer 1 . 8.1977
Principal Technical Officer 1 . 8.1977
Senior Technical Officer 1 . 8.1977
Technical Officer 1 . 8.1977
Technical Officer Trainee 1 . 8.1977
Technical Officer (Cultural Senior Technical Officer (Cultural 12.10.1983
Services) Services)
Technical Officer 1 (Cultural Services) 12.10.1983
Technical Officer 11 (Cultural Services) 12.10.1983
Technical Officer (Royal Hong Chief Technical Officer (Royal Hong 11.11.1981
Kong Auxiliary Air Force) Kong Auxiliary Air Force)
Senior Technical Officer (Royal Hong 12.10.1977
Kong Auxiliary Air Force)
Technical Officer (Royal Hong Kong 29. 6.1977
Auxiliary Air Force)
Telecommunications Assistant Senior Telecommunications Assistant 4.10.1967
Telecommunications Assistant 1 4.10.1967
Telecommunications Assistant 11 4.10.1967
Telecommunications Engineer Chief Telecommunications Engineer 7. 7.1976
Senior Telecommunications Engineer 18.10.1972
Telecommunications Engineer 4.10.1967
Assistant Telecommunications Engineer 4.10.1967
Telephone Operator Telephone Operator 9.12.1932
Timekeeper/Checker Timekeeper/Checker 1.10.1979
Town Planner Principal Government Town Planner 1 . 8.1973
Government Town Planner 25. 6.1969
Chief Town Planner 15. 3.1978
Senior Town Planner 15. 3.1978
Town Planner 15. 3.1978
Assistant Town Planner 15. 3.1978
Tracer Tracer 1 . 4.1971
Trade Controls Officer Principal Trade Controls Officer 25. 3.1987
Chief Trade Controls Officer 25. 3.1987
Senior Trade Controls Officer 25. 3.1987





Date from which
Grade Office office is to be
deemed to be an
established office
Trade Controls Officer Trade Controls Officer 25. 3.1987
Assistant Trade Controls Officer 25. 3.1987
Trade Officer Principal Trade Officer6. 8.1969
Trade Officer 1 . 4.1954
Assistant Trade Officer 117. 7.1987
Assistant Trade Officer 1117. 7.1987
Traffic Assistant Traffic Assistant 6. 6.1979
Traffic Warden Senior Traffic Warden22.12.1976
Traffic Warden 22.12.1976
Training Assistant Training Assistant 13. 5.1965
Training Officer Principal Training Officer 1 . 4.1957
Senior Training Officer13. 5.1965
Training Officer 1 . 4.1959
Training Officer Principal Training Officer 11. 1.1978
Assistant Principal Training Officer 10. 3.1982
Chief Training Officer11. 1.1978
Senior Training Officer11. 1.1978
Training Officer 1 11. 1.1978
Training Officer 11 11. 1.1978
Training Officer (Marine) Training Officer (Marine) 1 . 4.1974
Transport Assistant Transport Assistant 1 26.10.1977
Transport Assistant 1126.10.1977
Transport Controller Senior Transport Controller 22. 7.1981
Transport Controller 126.10.1977
Transport Controller 1126.10.1977
Transport Inspector Senior Transport Inspector 1. 9.1971
Transport Inspector 1. 9.1971
Transport Officer Principal Transport Officer 10.10.1984
Chief Transport Officer6. 1.1971
Senior Transport Officer26.10.1977
Transport Officer 1 1 . 5.1985
Transport Officer 111 . 5.1985
Transport Supervisor Senior Transport Supervisor 4. 7.1973
Transport Supervisor1 . 8.1948
Assistant Transport Supervisor1 . 4.1956
Treasury Accountant Chief Treasury Accountant 17. 1.1973
Senior Treasury Accountant1 . 4.1960
Treasury Accountant 1 . 4.1959
Tribunal Officer Tribunal Officer 16. 7.1975
Typist Senior Typist 27. 7.1983
Typist 1 . 4.1976
Valuation Assistant Valuation Assistant 1 11. 8.1954
Valuation Assistant 1111. 8.1954
Valuation Assistant 11111. 8.1954
Valuation Officer Senior Valuation Officer 3.12.1980
Valuation Officer 3.12.1980
Valuation Officer Trainee3.12.1980





Date from which
Grade Office office is to be
deemed to be an
established office

Valuation Referencer Valuation Referencer 1 . 4.1970
Valuation Surveyor Principal Valuation Surveyor 1 . 4.1970
Senior Valuation Surveyor 1 . 4.1961
Valuation Surveyor 31. 7.1947
Assistant Valuation Surveyor 25. 6.1980
Student Valuation Surveyor 25. 6.1980
Vehicle Tester Vehicle Tester 28. 3.1979
Veterinary Laboratory Veterinary Technologist 5. 1.1972
Technician Veterinary Laboratory Technician 1 15. 1.1969
Veterinary Laboratory Technician 11 15. 1.1969
Student Veterinary Laboratory 15. 1.1969
Technician
Veterinary Officer Senior Veterinary Officer 10. 4.1968
Veterinary Officer 14. 1.1948
Water Sampler Water Sampler 1 . 4.1957
Waterworks Chemist Chief Waterworks Chemist 16. 2.1977
Senior Waterworks Chemist 2. 1.1969
Waterworks Chemist 2. 1.1969
Waterworks Inspector Waterworks Inspector 1 1 . 4.1948
Waterworks Inspector 11 1 . 4.1948
Assistant Waterworks Inspector 1.12.1951
Welfare Assistant Principal Welfare Assistant 30. 8.1972
Welfare Assistant 4.11.1964
Welfare Worker Senior Welfare Worker 26.10.1983
Welfare Worker 26.10.1983
Works Supervisor Works Supervisor 1 1 . 8.1977
Works Supervisor 11 1 . 8.1977
Workshop Instructor Workshop Instructor 1 1 . 4.1972
Workshop Instructor 11 1 . 4.1972
Workshop Instructor 111 24. 6.1981
X-ray Assistant Senior X-ray Assistant 11. 2.1981
X-ray Assistant 14.10.1964
X-ray Mechanic X-ray Mechanic 28. 8.1976

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2437

Edition

1964

Volume

v7

Subsequent Cap No.

99

Number of Pages

27
]]>
Tue, 23 Aug 2011 18:07:07 +0800
<![CDATA[PENSION BENEFITS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2436

Title

PENSION BENEFITS REGULATIONS

Description






PENSION BENEFITS REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation PART 1 .Page

PRELIMINARY

1. Citation................................ ... ... ... ... ... ... ... ... A 2

2. Interpretation ...................... ... ... ... ... ... ... ... ... A 2

PART II

OFFICERS OTHER THAN TRANSFERRED
OFFICERS

3. Application of Part II ................... ... ... ... ... ... ... A 2

4. Pension factor ........................... ... ... ... ... ... ... ... A 2

5. Rate of short service gratuity ......... ... ... ... ... ... ... ... ... A 3

PART III

TRANSFERRED
OFFICERS

6. Application of Part III .................. ... ... ... ... ... ... ... A 3

7. Interpretation ........................... ... ... ... ... ... ... ... A 3

8. Pension for service wholly within the Group ... ... ... ... ... ... ... A 4

9. Pension where other service not within the Group ... ... ... ... - A 5

10...................................Pension when other service both within and not within the Group ... ... A 5

11.................Rate of short service gratuity ... ... ... ... ... ... ... ... ... ... A 5

12. Computation of deferred pension for service within the Group ... ... ... ... A 6

PART IV

GENERAL

13. General rules as to qualifying service and pensionable service ... ... ... ... A 6

14. Continuity of service ... ... ... ... ... ... ... ... ... ... ... ... ... A 6
15. Military service to count for pension benefits ... ... ... ... ... ... ... A 6
16. Emoluments to be taken for computing pension benefits ... ... ... ... ... A 8
17. Service which may be taken as pensionable service ... ... ... ... ... ... A 9
18. Deemed increase in service where retirement is on medical grounds ... ... ... A 10
19. Deemed increase in service where Scheduled officers retire after the age 55 A 11
20. Acting service ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 11
21. Service not counting as pensionable service ... ... ... ... ... ... ... ... A 11

22. Rates of additional pension on retirement on abolition of office or

compulsory retirement .................. ... ... ... ... ... ... ... A 12

23.............................Rates of additional pension on account of injuries ... ... ... ... ... A 13

24...............Amendment of Schedule .... ... ... ... ... ... ... ... ... ... ... A 14







Schedule..................................... ... ... ... ... ... ... ... ... ... A 14





PENSION BENEFITS REGULATIONS

(Cap. 99, section 35)

[1 July 1987.]

PART I

PRELIMINARY

1. These regulations may be cited as the Pension Benefits
Regulations.

2. In these regulations, unless the context otherwise requires

'Category A officer' means an officer who is appointed to an
established office and who is confirmed in an established office at
the time of his retirement or resignation from the service;

'Category B officer' means an officer who is

(a)holding a non-established office at the time of his retirement or
resignation from the service; or

(b)holding an established office at the time of his retirement or
resignation from the service and who is not confirmed in an
established office;

'month' means a complete month, and any incomplete month shall be
taken to be that fraction of a complete month whereof the
denominator is 30 and the numerator the number of days of service
in that incomplete month, irrespective of the actual number of days
in that month.

PART II

OFFICERS OTHER THAN TRANSFERRED
OFFICERS

3. Save when the Governor in any special case otherwise directs,
this Part shall not apply in the case of any officer who is transferred to or
from the service under the Government from or to other public service
except for the purpose of determining whether such officer would have
been eligible for pension benefits, and the amount of the pension
benefits for which he would have been eligible, if his service had been
wholly under the Government.

4. Subject to section 21 of the Ordinance, the factor for the
computation of pension on retirement in the circumstances specified in
sections 11, 12 and 14 of the Ordinance shall be

(a) in the case of-

(i) a Category A officer or Category B officer who is
appointed or re-appointed to service under the Government on
or after 1 July 1987; or





(ii) a Category A officer who is appointed or re-
appointed to service under the Government before 1 July
1987, and who is an officer who has opted, or who is
deemed to have opted, under section 9 of the Ordinance,

1/675 of his highest pensionable emoluments for each
month of his pensionable service; and
(b)in the case of a Category B officer who is appointed or
re-appointed to service under the Government before 1
July 1987, and who is an officer who has opted, or who is
deemed to have opted, under section 9 of the Ordinance-
(i) 1/800 of his highest pensionable emoluments for
each month of his pensionable service before 1 April 1987;
and
(ii) 1/675 of his highest pensionable emoluments for
each month of his pensionable service after 31 March 1987.

5. The rate of short service gratuity granted to an officer
under section 32 of the Ordinance shall be an amount not exceeding
7 times the annual amount of the pension which, if there had been no
requirement for a period of qualifying service, would have been
granted to him at the factor prescribed in regulation 4.

PART III

TRANSFERRED OFFICERS

6. This Part shall apply only in the case of an officer who is
transferred to or from service under the Government from or to
other public service.

7. (1) In this Part and Part IV-
'Scheduled Government' means the Government of any country or
territory, or any authority, mentioned in the Schedule;
'service in the Group' means service under the Government and
under a Scheduled Government or Scheduled Governments.
(2) For the purpose of this Part and Part IV-

(a)any officer in public service under the Government of
the Federation of Rhodesia and Nyasaland immediately
before 1 January 1964 who was, immediately before
that date, employed on secondment to service under the
Government of Southern Rhodesia, the Government of
Northern Rhodesia or the Government of Nyasaland, or
was as from that date so employed, shall be deemed to
continue in public service under the Government of the
Federation of Rhodesia and Nyasaland until his employ-
ment on secondment was terminated;
(b)any pension awarded on or after 1 January 1964 in
respect of service under the Government of the Federation





of Rhodesia and Nyasaland shall be deemed to have been
granted by that Government notwithstanding the provisions
of the Federation of Rhodesia and Nyasaland (Dissolution)
Order 1963.

(3) Where an officer, to whom this Part applies, is, on his retirement
from the public service, not granted a pension or gratuity in respect of
his employment in the service in which he is last employed, solely by
reason of the fact that he has not held office therein for a specified
period he shall nevertheless be deemed for the purpose of this Part to
have retired in circumstances in which he is permitted by the law or
regulations of the service in which he is last employed to retire on
pension or gratuity.

8. (1) Where the other public service of an officer to whom this Part
applies has been wholly under one or more Scheduled Governments, and
his aggregate service would have qualified him had it been wholly under
the Government for a pension under the Ordinance, he may, on his
retirement from the public service in circumstances in which he is
permitted by the law or regulations of the service in which he is last
employed to retire on pension or gratuity, be granted in respect of his
service under the Government a pension of such an amount as shall bear
the same proportion to the amount of pension for which he would have
been eligible had his service been wholly under the Government, as the
aggregate amounts of his pensionable emoluments during his service
under the Government shall bear to the aggregate amounts of his
pensionable emoluments throughout his service in the Group.

(2) In determining for the purposes of this regulation the pension
for which an officer would have been eligible if his service had been
wholly under the Government

(a) in the application of regulation 16-

(i) where the officer is not serving under a Scheduled
Government at the date of his retirement from the public
service, subject to sub-sub-paragraph (ii), the highest
pensionable emoluments enjoyed by him in the service of a
Scheduled Government shall be taken;

(ii) if, by reason of any order made in any disciplinary
proceedings against the officer, the amount to be taken in
accordance with sub-sub-paragraph (i) exceeds the
pensionable emoluments enjoyed or drawn by him in the
service under the Government, or the pensionable emoluments
enjoyed by him in the service under a Scheduled Government,
as the case may be, at the date of his retirement or transfer,
there shall be taken such pensionable emoluments;

(b)no regard shall be had to any additional pension granted
under section 15 or 16 of the Ordinance;

(c)regard shall be had to the provision in section 21(1) of the
Ordinance that pension shall not exceed two-thirds of his
highest pensionable emoluments; and





(d)no period of other public service under a Scheduled
Government in respect of which no pension or gratuity is
grantable to him shall be taken into account.

(3) For the purposes of this regulation, the aggregate amount
of an officer's pensionable emoluments shall be taken as the total
amount of pensionable emoluments which he would have received
or enjoyed had he been on duty on full pay in his substantive office
or offices throughout his period of service in the Group subsequent
to his attaining the age of 18 years:

Provided that-

(a)in calculating the aggregate amount of his pensionable
emoluments, no account shall be taken of any service
under the Government or under a Scheduled Government
in respect of which no pension or gratuity is granted to him
by the Government or such Scheduled Government, as the
case may be;

(b)where any service in a civil capacity otherwise than in a
pensionable or established office is taken into account as
pensionable service, the officer's aggregate pensionable
emoluments during that service shall be taken into account
to the same extent as that service is taken into account as
pensionable service.

9. (1) Where the other public service of an officer to whom
this Part applies has not included service under any Scheduled
Government, and his aggregate service would have qualified him,
had it been wholly under the Government, for a pension under the
Ordinance he may, on his retirement from the public service in the
circumstances in which he is permitted by the law or regulations of
the service in which he is last employed to retire on a pension or
gratuity, be granted in respect of his service under the Government a
pension at the rate of 1/675 of his highest pensionable emoluments
for each month of his pensionable service under the Government.

(2) Where the officer is not in the service under the Government
at the time of such retirement, his pensionable emoluments for the
purposes of paragraph (1) shall be those which would have been
taken for the purpose of computing his pension if he had retired
from the public service and had been granted a pension at the date of
his last transfer from service under the Government.

10. Where a part only of the other public service of an officer
to whom this Part applies has been under one or more Scheduled
Governments, the provisions of regulation 8 shall apply; but in
calculating the amount of pension regard shall be had only to service
in the Group.

11. The rate of short service gratuity granted to an officer
under section 32 of the Ordinance to whom this Part applies and
who retires from the public service in circumstances in which he is





permitted by the law or regulations of the service in which he is last
employed to retire on pension or gratuity shall be an amount not
exceeding 7 times the annual amount of the pension which, if there
had been no requirement for a period of qualifying service, would
have been granted to him under regulation 8, 9 or 10, as the case may
be.

12. A deferred pension granted to an officer in respect of
service within the Group shall be computed in accordance with
regulation 8, 9 or 10, as the case may be.

PARTIV

GENERAL

13. (1) Subject to these regulations, qualifying service shall be
the inclusive period between the date on which an officer begins to
draw salary in respect of public service and the date of his leaving
public service, without deduction of any period during which he has
been absent on leave.

(2) Only service under the Government shall be taken into
account as qualifying service in respect of an officer, other than an
officer who is transferred to or from service under the Government
from or to other public service.

(3) No period which is not qualifying service shall be taken
into account as pensionable service.

(4) No period during which an officer was not in the public
service shall be taken into account as qualifying service and
pensionable service.

(5) Any period during which an officer, who is in the public
service, is seconded to service which is not public service may, with
the approval of the Governor, be counted as qualifying service and
pensionable service.

14. (1) Except as otherwise provided in these regulations,
only continuous service shall be taken into account as qualifying
service or as pensionable service.

(2) Where an officer has more than one period of pensionable
service, every such period shall be taken into account separately for
the purposes of computing pension benefits.

15. Where an officer, including a serving officer, has served with
Her Majesty's Forces in time of war and before so serving was
employed in public service the following provisions shall apply-

(a)during the period of such service with Her Majesty's
Forces, including any period after the termination of the
war, (in this regulation referred to as military service), he
shall be deemed for the purposes of the Ordinance and





these regulations to have been on leave on full salary from the
public service in which he was last employed, and to have
held the substantive office last held by him in that service
prior to his military service;

(b)during any period between his leaving public service for the
purpose of serving with Her Majesty's Forces and the date of
his commencing military service he shall, for the purposes of
the Ordinance and these regulations, be deemed to be on leave
without salary, not granted on grounds of public policy, from
the public service in which he was last employed and to have
held the substantive office last held by him in that service
prior to his military service; and during any period between the
termination of his military service and the date of his re-
entering the public service he shall, for the said purposes, be
deemed to be on leave as aforesaid from public service and to
have held the substantive office in which he is re-employed:

Provided that

(i)this regulation shall not apply when either period mentioned in
paragraph (b) exceeds 3 months, or such longer period as the
Governor may in any special case determine; or if the officer
fails after his military service to re-enter the public service
otherwise than in circumstances in which he would be
permitted under the law applicable to the public service in
which he is last employed prior to his military service to retire
on pension or gratuity, such circumstances arising not later
than the expiration of 3 months, or such longer period as may
be determined as aforesaid, after the termination of his military
service;

(ii)this regulation shall not apply when an officer shall have
commenced his military service without the approval of the
Governor of the territory in the service of which he was last
employed before so serving;

(iii) if during any period mentioned in paragraph (a) the officer shall
have qualified for pension, or received emoluments in lieu of
pension rights, actually in respect of his military service,
paragraph (a) shall, as respects that period, have effect as if
the words leave without salary, not granted on grounds of
public policy,' were substituted for the words leave on full
salary';

(iv) if during his military service the officer shall be injured or killed,
he shall not for the purposes of any provision of the
Ordinance and these regulations relating to injury or death
awards, be deemed to have been injured or killed in the
discharge of his duty;

(v)the provisions of this regulation which require that the officer
shall be deemed to have held a specified office and to have
been on leave from a specified service shall not apply in
respect of any period during which he shall actually have





held any other substantive office and have been on leave
from any public service;
(vi)save where in any particular case the Governor other-
wise directs, this regulation shall not apply where the
office in the public service last held by the officer prior
to his military service was not an established office;
(vii)this regulation shall not apply to an officer who has
received a pension or gratuity during a period of his
military service in respect of public service prior to joining
the military service.

16. (1) Subject to this regulation, for computing the amount
of the pension benefits of an officer, the highest pensionable emolu-
ments enjoyed or drawn by him in the course of his public service
shall be taken into account:
Provided that if, by reason of any order made in any dis-
ciplinary proceedings against an officer, the amount to be taken
in accordance with the provisions of this regulation exceeds the
pensionable emoluments enjoyed or drawn by him at the date of his
retirement or resignation, as the case may be, there shall be taken
such pensionable emoluments.
(2) Where an officer has more than one period of continuous
service the highest pensionable emoluments enjoyed or drawn by
him in the course of any particular period of continuous service only
shall be taken into account for computing the amount of the pension
benefits for that period.
(3) Where an officer is serving on trial or on probation in an
office immediately following public service other than on trial or
probation, the highest pensionable emoluments which the officer
would have enjoyed or drawn in his substantive office shall be taken
into account for computing the amount of the pension benefits in
respect of such service.
(4) Notwithstanding paragraph (1), any increase in the pen-
sionable emoluments of any office held by an officer due to a revision
of salaries with effect from a date subsequent to the commencement
of a period of his absence from duty on leave without salary shall be
disregarded for the purposes of paragraph (1), unless-
(a)the officer has, since the expiration of that period of
absence and in respect of that period of absence (taking the
earliest period first if there is more than one), completed an
equal period of service on duty or leave with salary (other
than leave immediately preceding retirement);
(b)the officer retires in one of the cases referred to in section
11 (1)(d), (g) or (h) of the Ordinance; or
(c) the Governor in any case otherwise directs.
(5) In the case of a serving officer who has further opted under
section 8(3) of the Ordinance that 100 per cent of his substantive
salary, special allowance and expatriation pay shall be taken as
pensionable emoluments under the Ordinance-





(a)the highest pensionable emoluments specified in section
22(b)(i) of the Ordinance shall be taken into account for
computing the pension benefits for the period of his service
prior to the material date; and

(b)the highest pensionable emoluments specified in section
22(b)(ii) of the Ordinance shall be taken into account for
computing the pension benefits for the period of his service
from the material date.

(6) For the purposes of paragraph (5), 'material date' means a date
to be determined in accordance with the terms of a Circular issued by
the Secretary for the Civil Service under this regulation.

17. (1) Subject to any option exercised under section 8(1) of the
Ordinance and to these regulations, only service in an office the terms
of appointment of which attracts pension benefits shall be taken into
account as pensionable service.

(2) Where a Category A officer has a period of service in a non-
established office prior to 1 April 1987 and such service is immediately
followed by service in an established office and the officer is
subsequently confirmed in an established office, only 675/800 of such
service in the non-established office shall be taken into account as
pensionable service of a Category A officer; but where all the service of
an officer is in a non-established office after 31 March 1987 the whole of
such service shall be taken into account as pensionable service.

(3) Where an officer has been transferred from an established office
in which he has been confirmed to a non-established office and
subsequently retires or resigns, or is retired, as specified in section 11(1)
of the Ordinance, the whole service of such officer may be counted

(a) as pensionable service of a Category B officer; or

(b)as pensionable service of a Category A officer but at his
pensionable emoluments at the date of his transfer,

whichever yields the greater pension or short service gratuity.

(4) Where a female officer-

(a)has, prior to 27 May 1966, retired from the service by reason
of her marriage; and

(b)has, upon retirement, received a marriage gratuity under the
Pensions Regulations,

the period of service prior to such retirement shall not be taken into
account as pensionable service.

(5) Where a female officer, other than a divorced or widowed female
officer confirmed in an established office prior to 17 November 1972,
has, after marriage, served in an established office prior to 27 May 1966,
her service as a married officer for the period





up to that date shall be deemed to be service in a non-established office
and only 675/800 of such period may, with the approval of the Governor,
be taken into account as pensionable service of a Category A officer.

(6) Where a female officer who-

(a)has retired by reason of her marriage between 27 May 1966 and
17 November 1972; and

(b)has received a gratuity under regulation 6 or 13 of the Pensions
Regulations,

is subsequently re-appointed to service under the Government, the
period of service under the Government in respect of which the gratuity
was granted shall not be taken into account as pensionable service
unless

(i)an application to the contrary has been made within 6 months
of 17 November 1972;

(ii) there has been no break of service; and

(iii)the gratuity received has been refunded together with interest
at a rate to be determined by the Financial Secretary.

(7) Where a female officer who-

(a)has, prior to 17 November 1972, retired from the service by
reason of her marriage; and

(b)has not, upon retirement, received a marriage gratuity under the
Pensions Regulations,

is without break in service subsequently re-appointed to service under
the Government, the period of service prior to such retirement shall be
taken into account as pensionable service.

18. (1) Subject to paragraph (2), in the case of an officer who retires
from the public service under section 1 1(1)(h) of the Ordinance and
whose period of qualifying service under the Government is

(a) not less than 5 nor more than 221 years; or

2

(b) more than 221 years but whose pensionable service is less

2

than 22 years,

his pensionable service shall be deemed to be-

(i)twice the actual period of his pensionable service, subject to a
maximum of 221 years; or

(ii)the period of pensionable service that he would have
completed if he had served until attaining the age of 60,

whichever is the lesser.

(2) Paragraph (1) shall apply in the case of an officer who is re-
appointed to service under the Government irrespective of the length of
qualifying service completed during such re-appointment,





but the deemed increase of pensionable service under that paragraph
shall be limited as provided in section 20(8) and (9) of the Ordinance.

19. (1) Subject to paragraphs (2), (3) and (4), in the case of a
Scheduled officer who retires in accordance with an order made under
section 10(3) of the Ordinance on attaining, or after attaining, the age of
55 years his pensionable service shall be deemed to

increase at the following rate
Deemed increase in service in
Age at date of retirement months for every full year
of completed service
55 and less than 56 1.25
56 and less than 57 1.00
57 and less than 58 0.75
58 and less than 59 0.50
59 and less than 60 0.25

(2) The deemed increase in paragraph (1) shall apply to a Scheduled
officer, who has further opted under section 8(3) of the Ordinance, on a
pro rata basis in accordance with a Circular issued by the Secretary for
the Civil Service.

(3) The total length of the pensionable service of a Scheduled
officer, after the addition of the deemed increase in his service in
accordance with paragraph (1) or (2), shall not exceed

(a)the period of pensionable service required for attaining
maximum pension; or

(b)the period of pensionable service that the Scheduled officer
would have completed if he had served until attaining the age
of 60 years,

whichever is the lesser.

(4) This regulation shall not apply to a Scheduled officer who
retires under section 11 (1)(1) of the Ordinance.

20. Where an officer has performed acting service in an office under
the Government the period of the acting service may be taken into
account as pensionable service (subject to regulation 17 if the acting
service is in a non-established office) if the period of the acting service

(a)is not taken into account as part of the officer's pensionable
service in other public service; and

(b)is immediately preceded or followed by service as the
substantive holder of an established office under the
Government.

21. (1) Save as otherwise provided in these regulations, there shall
not be taken into account as pensionable service any period of service
while an officer





(a)subject to paragraph (2), was under the age of 18 years,
whether as a Category A officer or Category B officer;

(b)was on agreement expressly providing for the payment of a
gratuity dependent upon the length of his service, unless he
has refunded the gratuity (if any) received in respect of that
period together with interest at a rate to be determined by the
Financial Secretary;

(c)was on agreement on monthly terms not providing for
payment of a gratuity, unless without break of service he is
confirmed in an established office;

(d)was serving in an office the terms of appointment of which do
not attract pension benefits;

(e)was absent from duty without salary, unless such absence
shall have been approved on grounds of public policy by the
Governor.

(2) Any period of service of a serving officer while the officer was
under the age of 18 years which would have been taken into account in
the computation of annual allowance had he retired under the Pensions
Ordinance shall be taken into account as pensionable service.

22. (1) Subject to paragraphs (2) and (3), the rate of additional
pension granted under section 16 of the Ordinance shall be

(a)in the case of a Category A officer, 10/675 of his highest
pensionable emoluments for each complete 3-year period of
his pensionable service;

(b) in the case of a Category B officer-

(i) in respect of service before 1 April 1987, 1/80 of his
highest pensionable emoluments for each complete 3-year
period of his pensionable service;

(ii) in respect of an incomplete 3-year period of his
pensionable service, service before 1 April 1987 which is
followed by pensionable service after that date sufficient to
complete a 3-year period, 10/675 of his highest pensionable
emoluments; and

(iii) in respect of service after 1 April 1987, other than where
sub-sub-paragraph (ii) applies, 10/675 of his highest
pensionable emoluments for each complete 3-year period of
his pensionable service.

(2) Subject to paragraph (3), an additional pension granted to an
officer in accordance with paragraph (1), shall not exceed 100/675 of the
officer's highest pensionable emoluments.

(3) An additional pension granted to an officer in accordance with
paragraph (1) together with any pension granted to him at the factor
prescribed in regulation 4 shall not exceed the amount of pension which
an officer would have been granted if he had





continued to serve until the date on which he would have reached his
retirement age, having received all increments for which he would have
been eligible by that date.

23. (1) Subject to paragraphs (2) and (5), the annual rate of
additional pension granted under section 15(1) of the Ordinance to an
officer who is injured in the circumstances described in section 14 of the
Ordinance shall be the proportion of his actual pensionable emoluments
at the date of his injury appropriate to his case as shown in the table in
this paragraph, whether his capacity to contribute to his own support
because of the injury is impaired before or after his retirement

Table

When the officer's capacity to contribute to his own support is

slightly impaired .............50/675
impaired ......................100/675
materially impaired ...........150/675
totally destroyed .............200/675

(2) The rate of additional pension under paragraph (1) may be
reduced to such an extent as the Governor thinks reasonable where the
injury is not the cause or the sole cause of retirement.

(3) The Director of Medical 2nd Health Services shall determine

(a)whether or not an officer's capacity to contribute to his own
support because of the injury is impaired; and

(b)the degree of the impairment in accordance with the table in
paragraph (1).

(4) An additional pension in accordance with this regulation shall
be payable

(a)in the case of an officer whose capacity to contribute to his
own support is impaired before his retirement, with effect from
the date of his retirement;

(b)in the case of an officer whose capacity to contribute to his
own support is impaired after his retirement, with effect from
the date his impairment is determined by the Director of
Medical and Health Services

(5) If there is any variation in the degree of the impairment of an
officer's capacity to contribute to his own support subsequent to the
grant of an additional pension at a rate in accordance with this
regulation, the rate at which the additional pension has been granted
may be reassessed in accordance with the table in paragraph (1) by the
Director of Medical and Health Services under paragraph (3) at such
time or times as he may think fit.





24. The Secretary for the Civil Service may by order published in
the Gazette amend the Schedule.

SCHEDULE [reg. 7.1

Aden
Antigua
Bahamas
Barbados
Basutoland
Bechuanaland Protectorate
Bermuda
British Antarctic Territory
British Guiana
British Honduras
British Solomon Islands Protectorate
Brunei
Cayman Islands
Ceylon, in respect of any officer appointed to service under the Government of
Ceylon before 4 February 1948
Crown Agents for Oversea Governments and Administrations
Cyprus
Cyprus, in respect of any officer appointed to service under the Government of
Cyprus before 16 August 1960
Dominica
East Africa High Commission
East African Common Services Organization
East African Common Services Organization or, with effect from 1 December
1967, the East African Community, in respect of any person deemed to have been
appointed or appointed to service as President, Vice-President, Justice of Appeal,
Registrar, officer or servant of the Court of Appeal for Eastern Africa or, with
effect from 1 December 1967, of the Court of Appeal for East Africa or successor
corporation
East African Community
East African Harbours Corporation
East African Posts and Telecommunications Corporation
East African Railways and Harbours Administration
East African Railways Corporation
Eastern Region of Nigeria
Employing Authorities under the Oversea Superannuation Scheme
Employing Authorities under the Overseas Service Act 1958
Falkland Islands
Federal Republic of Nigeria
Federated Malay States
Federation ' tion of Malaya
Federation of Nigeria
Federation of Rhodesia and Nyasaland
Fiji
Gambia
Ghana
Gibraltar
Gilbert and Ellice Islands Colony
Gold Coast
Grenada
Guyana
Jamaica
Kenya





Kenya and Uganda Railways and Harbours Administration
Kingdom of Lesotho
Leeward Islands (before 1 July 1956)
Malawi
Malayan Establishment
Malayan Union
Malaysia
Malta
Mauritius
Mid West Nigeria
Montserrat
Nigeria
North Borneo
Northern Region of Nigeria
Northern Rhodesia
Nyasaland
Overseas Audit Department (Home Establishment)
Palestine, in respect of any officer appointed to service under the Government of
Palestine before 15 May 1948
Peoples' Democratic Republic of Yemen
Post Office, United Kingdom of Great Britain and Northern Ireland
Republic of Botswana
Republic of Zambia
Sabah
St. Christopher Nevis and Anguilla
St. Helena
St. Lucia
St. Vincent
Sarawak
Seychelles
Sierra Leone
Singapore
Somali Republic, in respect of any officer appointed to service under the former
Government of the Somaliland Protectorate before 26 June 1960
Somaliland Protectorate
Straits Settlements
Swaziland
Tanganyika
The West Indies (Federation)
Trinidad
Turks and Caicos Islands
Uganda
United Kingdom of Great Britain and Northern Ireland
United Republic of Tanzania
Virgin Islands
Western Region of Nigeria
Zanzibar
L.N. 187/87. Citation. Interpretation. Application of Part II. Pension factor. Rate of short service gratuity. Application of Part III. Interpretation. Schedule. Pension for service wholly within the Group. Pension where other service not within the Group. Pension where other service both within and not within the Group. Rate of short service gratuity. Computation of deferred pension for service within the Group. General rules as to qualifying service and pensionable service. Continuity of service. Military service to count for pension benefits. Emoluments to be taken for computing pension benefits. Service which may be taken as pensionable service. (Cap. 89, sub. leg.) Deemed increase in service where retirement is on medical grounds. Deemed increase in service where Scheduled officers retire after the age 55. Acting service. Service not counting as pensionable service. (Cap. 89.) Rates of additional pension on retirement on abolition of office or compulsory retirement. Rate of additional pension on account of injuries. Amendment of Schedule.

Abstract

L.N. 187/87. Citation. Interpretation. Application of Part II. Pension factor. Rate of short service gratuity. Application of Part III. Interpretation. Schedule. Pension for service wholly within the Group. Pension where other service not within the Group. Pension where other service both within and not within the Group. Rate of short service gratuity. Computation of deferred pension for service within the Group. General rules as to qualifying service and pensionable service. Continuity of service. Military service to count for pension benefits. Emoluments to be taken for computing pension benefits. Service which may be taken as pensionable service. (Cap. 89, sub. leg.) Deemed increase in service where retirement is on medical grounds. Deemed increase in service where Scheduled officers retire after the age 55. Acting service. Service not counting as pensionable service. (Cap. 89.) Rates of additional pension on retirement on abolition of office or compulsory retirement. Rate of additional pension on account of injuries. Amendment of Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2436

Edition

1964

Volume

v7

Subsequent Cap No.

99

Number of Pages

15
]]>
Tue, 23 Aug 2011 18:07:06 +0800
<![CDATA[PENSION BENEFITS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2435

Title

PENSION BENEFITS ORDINANCE

Description






LAWS OF HONG KONG

PENSION BENEFITS ORDINANCE

CHAPTER 99





CHAPTER 99

PENSION BENEFITS ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1.................................Short title 2
2................................Interpretation 2
3...............Legislative Council may grant special allowance 6
4.................................Application 6
5.......................Pension benefits to be of right 6
6..............Pension benefits to be charged to general revenue 7
7.........................Time for payment of pension 7
8.........................Opting for pension benefits 7
9...........Officers when deemed to have opted for pension benefits 8
10................................Retirement age 8
11.......Circumstances in which pension may be granted for normal service 9
12.Circumstances in which pension may be granted for service after re-appointment 10
13.............................Compensation scheme 11
14............Grant of pension on retirement on account of injuries 11

15...................................Grant of additional pension on account of injuries ....... 11

16. Grant of additional pension on abolition of office or compulsory retirement 12
17. Grant of pension benefits in respect of service while on abnormal duty 12

18. Discretionary power to grant ex gratia payment where officer leaves the public

service .............................13
19..............................Dependant pension 13
20................................Death gratuity 16
21...............................Maximum pension 18
22............................Pensionable emoluments 19
23..................Computation and grant of pension benefits 20
24................Commuted pension gratuity and reduced pension 21
25............Husband entitled to pension benefits only if dependent 22
26............Suspension of pension on re-appointment to the service 22
27.............Power not to grant, or to cancel or reduce, pension 22
28........................Pension to cease on bankruptcy 23
29..Pension benefits may be cancelled, suspended or reduced on conviction, etc. 24
29A................Provisions supplementary to sections 27 and 29 25
29B....................................Panel 27
30........Pension may be suspended on certain post-retirement employment 28
31.......................Pension benefits not assignable 29
31A...........................Operation of section 31 29
32.......................Grant of short service gratuity 29
33.....................Governor's power to exempt or modify 30
34...........................Power to amend Schedule 30
35.................................Regulations 30

Schedule. Scheduled officers....................................................................................................
. 31





CHAPTER 99

PENSION BENEFITS

To make provision for the granting of pension benefits in respect of the public

service, and for purposes connected therewith.

[1 July 1987]

Originally 36 of 1987- R.Ed. 1987,61 of 1988,86 of 1988

Short title

1. This Ordinance may be cited as the Pension Benefits Ordinance.

Interpretation

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

'additional pension' means an additional pension granted under section 15

or 16;

,,authorized increase' has the same meaning as in the Pensions (Increase)

Ordinance (Cap. 305);

'child' in relation to an officer

(a) includes a step-child;

(b)includes a child adopted by the officer, but does not include a child of the
officer adopted by another person;

(c) does not include an illegitimate child; and

(d)where polygamy lawfully subsists, does not include a child not being an
adopted child of the officer unless its mother was, at the time of its birth,
the officer's wife as defined in this subsection;

'commuted pension gratuity' means the commuted pension gratuity referred to

in section 24(1);

'compensation scheme' means a compensation scheme approved under sec

tion 13;

'death gratuity' means a death gratuity payable under section 20;

'deferred pension' means a pension granted to an officer but the payment of

which is deferred under section 7(a);

'dependant pension' means a pension granted under section 19 to a dependant

of a deceased officer;

'designated officer' means an officer who is for the time being appointed under

section 29A(I); (Added 86 of 1988 s. 2)

,,established office' means





(a) in respect of service under the Government, an office which-

(i) by virtue of provision for the time being in force in an Order made by
the Governor and published in the Gazette, is declared to be an
established office; and any such Order may specify a date prior to such
Order from which the office is deemed to be an established office; and any
such Order may from time to time be amended, added to or revoked by an
Order so made and published; but where by virtue of any such
amendment or revocation any office ceases to be an established office,
then so long as any officer holding that office at the time of the
amendment or revocation continues therein, the office shall, as respects
that officer, continue to be an established office; or

(ii) immediately preceding 1 July 1987 was pensionable whether to
holders of such office generally or to a particular holder; and such office
shall be an established office until declared to be no longer an established
office by an Order made by the Governor and published in the Gazette;
and such Order shall have the like effect as an Order made under
subparagraph (i) revoking an Order made under this Ordinance; but no
declaration that any office is an established office shall be deemed to
imply that any holder thereof who is not confirmed in an established office
at the date of his retirement shall be the holder of an established office; or

(iii) by virtue of an Order made by the Governor and published in the
Gazette, is declared to be deemed to have been an established office; and
any such Order may specify the period during which the office is deemed
to have been an established office;

(b)in respect of other public service, an office which is for the time being a
pensionable office under the law or regulations in force in such service;

'expatriation pay' means a special addition to salary granted in accordance with the
Regulations of the Government governing such pay;

'highest pensionable emoluments' means the highest annual pensionable
emoluments determined in accordance with the regulations;

'judicial officer' means an officer holding a judicial office as defined in the Public
Service Commission Ordinance (Cap. 93);

'non-established office' means an office in the public service which is not an
established office;

'notional highest pensionable emoluments' means the highest pensionable
emoluments enjoyed or drawn by an officer during his service which are
deemed for the purposes of this Ordinance to be increased in value by the
same percentage as the authorized increase since the date when he left the
service up to the date he attains his retirement age or the date of his death,
whichever is the earlier;

'officer' means any person who is appointed or re-appointed to the public service
and to whom this Ordinance applies;

,,other public service' means public service not under the Government;

'pension' means any pension or deferred pension (other than an additional
pension or a dependant pension) granted, payable or paid under this





Ordinance, and 'pensioner' means a person to whom such pension has been
granted, payable or paid;

'pensionable emoluments means

(a)in respect of service of an officer under the Government, the emoluments
specified in section 22(a), (b) or (c), and where provided includes
pensionable emoluments enjoyed or drawn by him and his notional
pensionable emoluments; and

(b)in respect of an officer in other public service, the emoluments referred to
in section 22(d);

'pensionable emoluments enjoyed or drawn' includes the pensionable emoluments
that an officer on leave without salary would have enjoyed or drawn if he had
been on duty on full pensionable emoluments;

'pensionable service' means service which may be taken into account in computing
pension benefits;

'pension benefits' means any pension, additional pension, dependant pension,
death gratuity, commuted pension gratuity, short service gratuity or other
benefits granted, payable or paid under this Ordinance;

'personal allowance' means a special addition to a salary granted personally to the
holder for the time being of an office if it is granted subject to the condition that
it shall be taken into account in computing pension;

'public service' and 'service' mean

(a)service in a civil capacity under the Government or any other country or
territory in the Commonwealth;

(b)service in a civil capacity under the East Africa High Commission, the East
African Common Services Organization, the East African Posts and
Telecommunications Administration, the East African Railways and
Harbours Administration, the East African Community, the East African
Harbours Corporation, the East African Posts and Telecommunications
Corporation, the East African Railways Corporation or any of their
successor authorities;

(c) service which is pensionable-

(i) under the Oversea Superannuation Scheme;

(ii) under any Acts relating to the superannuation of teachers in the
United Kingdom;

(iii) under a local authority in the United Kingdom; or

(iv) under the National Health Service of the United Kingdom;

(d)any other service that the Governor has determined to be public service
for the purposes of this Ordinance;

(e)except for the purposes of computation of a pension or gratuity and of
section 21, service in respect of which a pension may be granted under
the Governor's Pensions Act 1957 (1957 c. 62 U.K.) or the Governors'
Pensions Scheme 1979 or any Act or Scheme amending or replacing that
Act or Scheme;





(f)service as the holder of the office of President, Vice-President, Justice
of Appeal, Registrar, officer or servant of the Court of Appeal for
Eastern Africa or the Court of Appeal for East Africa;

(g)service in a civil capacity in the service of the Interim Commission for
the West Indies;

(h)pensionable service with the British Telecommunication and the Post
Office, United Kingdom of Great Britain and Northern Ireland;

'Public Service Commission' means the Public Service Commission established
by the Public Service Commission Ordinance (Cap. 93);

'qualifying service' means the period of service calculated as qualifying service
in accordance with the regulations;

'reduced pension' means the reduced pension referred to in section 24(1);

'the regulations' means regulations made under this Ordinance;

'retirement' means retirement from the public service;

'retirement age' means the retirement age specified in section 10, other than the
age at which an officer may retire voluntarily, and which is applicable to the
officer concerned, whether or not he is in the service when he attains his
retirement age;

',salary' means the substantive salary attached to any established or non-
established office in the service;

'Scheduled officer' means any officer of a rank or grade specified in the
Schedule who is in service under the Government in the-

(a) Correctional Services Department;
(b) Customs and Excise Department;
(c) Fire Services Department;
(d) Immigration Department; or

(e) Royal Hong Kong Police Force;

'service under the Government' shall be deemed to include, as service in a
non-established office-

(a)service, other than service as a doctor, in a Chinese Public Dispensary
administered by the Chinese Public Dispensaries Committee under the
then Secretary for Home Affairs; and

(b)service under the District Watch Force administered by the District
Watch Committee under the then Secretary for Home Affairs,

when such service has been followed without a break by service under the
Government;

'serving officer' means an officer who has opted in accordance with subsection (1)
of section 8 and whose option has not been rejected under subsection (2) of
that section;

',short service gratuity' means a short service gratuity granted to an officer
under section 32;





'special allowance' means a special addition to salary declared to be pension-
able by a resolution of the Legislative Council under section 3;

'spouse' means the person to whom an officer is, by reason of the form of
marriage contracted, lawfully married;

'wife', in relation to an officer, means-

(a)the lawful wife of the officer married to him by a Christian marriage or
its civil equivalent; or

(b)where there is no such wife and the officer is Chinese the kit fat or tin
fong wife; or
(c)where there is no wife under paragraph (a) or (b) and polygamy
lawfully subsists, the principal wife recognized as such by the personal
law of the officer,

and 'widow' shall be construed accordingly.

(2) For the avoidance of doubt it is hereby declared that, where an officer
has been confirmed in an established office and is thereafter appointed to
another established office, then, unless the terms of such appointment otherwise
require, such last mentioned office is, for the purposes of this Ordinance, an
office in which he has been confirmed.

Legislative Council may grant special allowance

3. (1) The Legislative Council may by resolution declare a special
addition to salary to be pensionable as a special allowance.

(2) A resolution under subsection (1) shall specify the date from which it
shall have effect and such date may be before the date on which the resolution is
passed but shall not be before 1 November 1967.

Application

4. (1) Subject to subsections (2) and (3) and to any exemption under
section 33, this Ordinance applies to---

(a)every officer who is appointed or re-appointed to service under the
Government on or after 1 July 1987, whether on transfer from other
public service or otherwise, on terms which attract pension benefits
under this Ordinance;
(b) every serving officer; and

(c)every officer who, under section 9, is deemed to have opted under
section 8(1).

(2) No officer shall derive any pension, gratuity or other allowance under
the Pensions Ordinance (Cap. 89) and pension benefits under this Ordinance in
respect of the same period of service.

(3) This Ordinance shall not apply to judicial officers.

Pension benefits to be of right

5. Except as otherwise provided in this Ordinance, the entitlement to
pension benefits shall be a right.





Pension benefits to he charged to general revenue

6. There shall be charged on and paid out of the general revenue all sums
of money as may from time to time be granted by way of pension benefits.

Time for payment of pension

7. Subject to section 26, payment of a pension granted to an officer
shall-

(a) in case he is an officer to whom section 11 (1)(e), (f) or (j) applies-
(i) where he is a serving officer, be deferred until he attains the age
of 55 years; or
(ii) where he is a Scheduled officer who is or was appointed or
re-appointed to service under the Government on or after 1 July 1987,
be deferred until the day on which he attains the age of 60 years or the
age prescribed by a notice under section 10(3) which is applicable to
the rank or grade held by him at the time when the pension is or was
granted, whichever of those days is the earlier; or
(iii) where he is an officer appointed on or after 1 July 1987,
other than a Scheduled officer, be deferred until he attains the age of
60 years,
or in any such case where the Governor so directs, be deferred until
such day, being a day which is earlier than would otherwise be the case
under this paragraph, as is specified in the direction;
(b)where the pension is granted under a compensation scheme, be made
upon the retirement of the officer under section 11 (1)(i) as prescribed
in the compensation scheme; and

(c)in any other case, be made as soon as possible after the retirement of
the officer.
(Replaced 61 of 1988 s. 2)

Opting for pension benefits

8. (1) Subject to subsection (2), an officer who is eligible for a pension or
annual allowance under the Pensions Ordinance (Cap. 89) may opt under and in
accordance with the terms of a Circular to be issued under and for the purposes
of this section by the Secretary for the Civil Service, that all his service attracting
pension or annual allowance under that Ordinance shall be taken into account
as pensionable service under this Ordinance.

(2)(a) An option under subsection (1) shall be sent to the Secretary for
the Civil Service.

(b) (i) Having received from an officer an option under subsection (1),
if the Secretary for the Civil Service, having had regard to the cir-
cumstances of the particular case, is of opinion that to allow the
officer to exercise the option would prejudice the interests of the
public service, he may reject the option.
(ii) In case, pursuant to subparagraph (i), the Secretary for the
Civil Service rejects an option, he shall, as soon as may be, inform the
officer concerned in writing of both the rejection and the reasons
therefor.





(e)A person aggrieved by a rejection under paragraph (b)(i) relating to him
may, within 30 days of the notification to him of the rejection, or such
longer period as the Governor may permit, petition the Governor against
the rejection and the Governor may, as he shall think fit, either confirm the
rejection or direct that the option to which the petition relates be
accepted.

(d)The power conferred on the Secretary for the Civil Service by paragraph
(b)(i) may be exercised as regards a particular option under subsection (1)
at any time within the period of 12 months beginning on the day on which
the option is received by him.

(3) A serving officer in respect of whom 90% only of his substantive salary and
special allowance, and 50% only of expatriation pay, is taken as pensionable
emoluments under the Pensions Ordinance (Cap. 89) may further opt, at the same
time as he opts under subsection (1) under and in accordance with the terms of the
Circular referred to in subsection (1) that 100% of his substantive salary, special
allowance and expatriation pay shall be taken into account as pensionable
emoluments under this Ordinance.

(4) The dates on which any option under subsection (1) or (3) shall become
effective shall be in accordance with the Circular referred to in subsection (1).

(5) An option exercised under subsection (1) or (3) shall be irrevocable.

Officers when deemed to have opted for pension benefits

9. An officer who is eligible to opt under section 8(1) but who dies after 1 July
1987 and before the expiry of the period within which he may so opt, shall be
deemed to have so opted.

Retirement age

10. (1) Subject to subsections (2), (3) and (4), the normal retirement age of an
officer who is appointed or re-appointed to service under the Government on or
after 1 July 1987, whether on transfer from other public service or otherwise, shall be
when he attains the age of 60 years.

(2) The retirement age of a serving officer, other than a Scheduled officer to
whom subsection (3) applies, shall be when he attains the age of 60 years:

Provided that such serving officer

(a)may retire voluntarily as provided in section 11 (1)(b)(i) earlier than the
age of 60 years; and

(b)shall, prior to his retirement under paragraph (a), give to the Secretary for
the Civil Service written notice of retirement of such duration as is
specified by the Secretary for the Civil Service.

(3) The retirement age of a Scheduled officer, who is either a serving officer or
an officer appointed or re-appointed to service under the Government on or after 1
July 1987, shall be when he attains the age of 60 years or in





case he holds a rank or grade, or a class of rank or grade, specified in the Schedule
and in relation to which an age, being an age less than 60 years but not less than 55
years, is specified by

(a)in the case of a Scheduled officer of a directorate rank, the Governor; or

(b)in the case of a Scheduled officer of a senior rank or rank and file grade,
the Head of the Department concemed,

in a notice published for the purposes of this subsection in the Gazette and not
withdrawn, the age so specified: (Amended 61 of 1988 s. 3)

Provided that a Scheduled officer

(i) may retire voluntarily as provided in section 11 (1)(b)(ii) or (iii) earlier than
the retirement age prescribed under this subsection; and

(ii)shall, prior to his retirement under paragraph (i), give to the Secretary for
the Civil Service (in the case of a Head of Department) or to the Head of
Department concerned (in the case of any Scheduled officer other than a
Head of Department) written notice of retirement of such duration as is
specified by the Secretary for the Civil Service or the Head of Department,
as the case may be.

(4) The Governor may approve the continued service of an officer, to whom
this section applies, after he attains his retirement age.

(5) Each of the 6 orders published in the Gazette on 10 July 1987 in Legal
Notices Nos. 206, 207, 208, 209, 2 10 and 211, respectively, shall be regarded as being
a notice published for the purposes of subsection (3). (Added61of1988 s.4)

Circumstances in which pension may he granted for
normal service

11. (1) Unless otherwise provided in this Ordinance, no pension shall be
granted to an officer except in respect of his service in a civil capacity under the
Government and except

(a)subject to section 27(2), upon his retirement on or after attaining his
retirement age, and after completion of qualifying service of not less than
10 years;

(b)upon his voluntary early retirement after completion of qualifying service
of not less than 10 years

(i) in the case of a serving officer to whom section 10(2) applies, on or
after his attaining the age of 55 years;

(ii) in the case of a Scheduled officer of a directorate rank or senior rank
to whom section 10(3) applies, on or after his attaining the age of 55 years;

(iii) in the case of a Scheduled officer of the rank and file grade to whom
section 10(3) applies, on or after his attaining the age of 50 years;





(c) in the case of transfer to other public service-

(i) upon his retirement on or after attaining the age at which he is
permitted by the law or regulations of the service in which he was last
employed to retire on pension; or

(ii) upon his retirement in any other circumstances in which he is
permitted by the law or regulations of the service in which he was last
employed to retire on pension or gratuity,

but subparagraph (H) shall not apply in the case of a female officer who
retires for the reason that she has or is about to be married;

(d)upon his retirement on the abolition of his office, and after completion of
qualifying service of not less than 2 years;

(e)subject to subsection (2), upon his retirement in the public interest,
whether or not he has completed qualifying service of not less than 10
years;

(f)subject to subsection (2) and section 29(1)(a), upon his compulsory
retirement in exercise of disciplinary powers of punishment by the
Government, whether or not he has completed qualifying service of not
less than 10 years;

(g)upon his compulsory retirement for the purpose of facilitating
improvement in the organization of the department in which he is serving,
by which greater efficiency or economy may be effected, and after
completion of qualifying service of not less than 2 years;

(h)upon his retirement on medical evidence that satisfies the Governor that
the officer is incapable by reason of any infirmity of mind or body of
discharging the duties of his office and that such infirmity is likely to be
permanent, and after completion of qualifying service of not less than 5
years;

(i)upon his retirement in accordance with any compensation scheme,
whether or not he has completed qualifying service of not less than 10
years;

(j)subject to subsection (2) and section 27(2), upon his resignation from the
service, with the approval of the Secretary for the Civil Service, after
completion of qualifying service of not less than 10 years; or

(k)upon his retirement on attaining the maximum pension specified in section
21.

(2) Unless otherwise directed by the Governor, a pension granted to an officer
to whom subsection (1)(e), (f) or (j) applies shall be a deferred pension.

(3) Retirement under subsection (1)(a) or (b), or resignation under subsection
(1)(j), shall take place after the officer has served such period of service, as may be
specified by the Secretary for the Civil Service, after the officer has notified the
Secretary for the Civil Service of his intention to retire or resign.

Circumstances in which pension may be granted for
service after re-appointment

12. An officer who is eligible for, or is granted, a pension and who is re-
appointed to service under the Government, shall be granted a pension in respect of
that service on completion of qualifying service of not less than 2 years during such
re-appointment.





Compensation scheme

13. For the purposes of section 11 (1)(i) the Governor in Council may,
from time to time, approve a compensation scheme which-

(a) shall apply to such officers as are specified in the scheme;

(b)may provide for the payment of compensation, pension benefits and
additional benefits to officers on their retirement, the commutation of
pension benefits, the payment of death gratuities to dependants of
officers, and for other matters relating thereto, other than in accord-
ance with this Ordinance; and

(c)shall provide for the circumstances in which compensation and other
benefits are payable under the scheme.

Grant of pension on retirement on account of injuries

14. (1) A pension shall be granted to an officer who is permanently
injured-

(a) in the actual discharge of his duty;

(b) without his own default; and

(c)on account of circumstances specifically attributable to the nature of
his duty,

while in the pensionable service if his retirement is thereby necessitated or
materially accelerated, notwithstanding that he has been in the public service
for less than 10 years.

(2) An officer who is permanently injured while travelling by any means in
pursuance of official instructions or in the course of his duties shall be deemed
for the purposes of subsection (1) to have been injured in the circumstances
described in that subsection.

Grant of additional pension on account of injuries

15. (1) Subject to subsection (2), if an officer is permanently injured in the
circumstances described in section 14, he shall be granted an additional pension
at the prescribed rate where his capacity to contribute to his own support
becomes impaired at or after his retirement because of the injury and it shall be
payable in accordance with the regulations.

(2) Where an additional pension is granted under subsection (1) in
respect of an injury which was caused in circumstances creating a legal
liability in some person other than the Government, the Government may
take proceedings against such person to recover an amount not exceeding the
amount of the additional pension multiplied by 14.

(3) Subsection (1) shall not apply in the case of an officer who, in
consequence of his injury, is entitled to and has received compensation under
the Employees' Compensation Ordinance (Cap. 282) or the Pneumoconiosis
(Compensation) Ordinance (Cap. 360).





Grant of additional pension on abolition of office or
compulsory retirement

16. (1) An additional pension at the prescribed rate shall be granted to an
officer

(a) who retires under section 11 (1)(d) on abolition of his office; or

(b) who is compulsorily retired under section 11(1)(g).

(2) An additional pension granted to an officer under subsection (1) shall be
payable when a pension is paid to him.

Grant of pension benefits in respect of service while
on abnormal duty

17. (1) Where an officer is serving-

(a)as an officer or member of the Royal Hong Kong Regiment under the
Royal Hong Kong Regiment Ordinance (Cap. 199);

(b)as a member of the Royal Hong Kong Auxiliary Police Force under the
Royal Hong Kong Auxiliary Police Force Ordinance (Cap. 233);

(c)as an officer or member of the Royal Hong Kong Auxiliary Air Force under
the Royal Hong Kong Auxiliary Air Force Ordinance (Cap. 198); or

(d)as a member of the Essential Services Corps under the Essential Services
Corps Ordinance (Cap. 197),

and is injured or killed in such circumstances that a pension, gratuity or other award
is grantable in respect of such service, a pension, gratuity or other award may at the
option of the officer or the beneficiary of the deceased officer be granted

(i) under sections 14 and 15 or section 19, as may be appropriate, in like
manner as if his service had been public service under the Government
within the meaning of this Ordinance and as if he had been injured, or
had died, in the like circumstances while in service; or

(ii) under any Ordinance mentioned in paragraph (a), (b), (c) or (d) that is
applicable.

(2) For the purposes of subsection (1)-

(a) where the beneficiaries of a deceased officer consist of-

(i) his spouse and one or more children of such spouse;

(ii) his spouse and one or more children of such spouse and one or
more children of a previous spouse or spouses; or

(iii) his spouse and one or more children of a previous spouse or
spouses,

the option shall be exercised by the spouse save that if the Director of
Accounting Services is of opinion that the option exercised by the spouse
is less beneficial to the interests of the beneficiaries as a whole than if the
spouse had opted differently the Director of Accounting Services may
direct that the spouse shall be deemed to have exercised the option which
is more beneficial as aforesaid and the pension, gratuity or other award
shall be payable as if the spouse had in fact so opted;





(b)where the beneficiary of a deceased officer is a child who is fatherless
and motherless, the option shall be exercised by the legal guardian of
such child or in default thereof by the legal personal representative of
the deceased officer in respect of whose death the pension, gratuity or
other award is payable or in default of such guardian or legal personal
representative by the Director of Accounting Services.

(3) If under the appropriate Ordinance applicable to the Royal Hong
Kong Regiment, the Royal Hong Kong Auxiliary Police Force, the Royal Hong
Kong Auxiliary Air Force or the Essential Services Corps a pension, gratuity or
other award may be granted in respect of injury or death during training or
instruction or other form of service, then the expression 'service' in subsec-
tion (1) includes training, instruction or other form of service in the Regiment,
Force or Corps, as the case may be.

Discretionary power to grant ex gratia payment
where officer leaves the public service

18. Where an officer leaves the public service and a pension or short
service gratuity cannot otherwise be granted to him under this Ordinance, the
Governor may, if he thinks fit, grant such ex gratia payment to the officer as
he thinks just and proper.

Dependant pension

19. (1) Subject to subsection (3), where an officer dies as a result of
injuries received-

(a) in the actual discharge of his duty;

(b) without his own default; and

(c)on account of circumstances specifically attributable to the nature of
his duty,

while in service under the Government, the Governor shall grant, in addition to
a death gratuity (if any)-

(i) if the officer leaves a spouse, a dependant pension to the spouse, whilst
the spouse remains unmarried, at a rate not exceeding one-sixth of the
officer's annual pensionable emoluments at the date of the injury or
$12,000 a year, whichever is the greater:
Provided that the Governor may, in his discretion, grant a
dependant pension under this paragraph at a rate not exceeding
one-fourth of such pensionable emoluments;

(ii) if the deceased officer leaves a spouse to whom a dependant pension is
granted under paragraph (i) and one or more children, a dependant
pension to each child of an amount not exceeding one-eighth of the
dependant pension granted in accordance with paragraph (i);

(iii) if the deceased officer leaves one or more children, but does not leave a
spouse or leaves a spouse to whom no dependant pension is granted, a
dependant pension to each child of double the amount in accordance
with paragraph (ii):





Provided that the dependant pension granted to a child or
children under this paragraph shall be not less than $6,000 a year
where no other dependant pension is granted under this section;

(iv)if the deceased officer leaves one or more children and a spouse to
whom a dependant pension is granted, and the spouse subsequently
dies, re-marries or ceases for any other reason to receive the dependant
pension, a dependant pension to each child as from the date of the
death or marriage of the spouse, or the date on which a dependant
pension to the spouse ceases, of double the amount in accordance with
paragraph (ii):
Provided that the dependant pension granted to a child or
children under this paragraph shall be not less than $6,000 a year
where no other dependant pension is granted under this section;

(v) if the deceased officer does not leave a spouse, or leaves a spouse to
whom no dependant pension is granted, and if the mother of the
deceased officer was wholly or mainly dependent on the deceased
officer for her support, a dependant pension to the mother, while the
mother is without adequate means of support, of an amount not
exceeding the dependant pension which could have been granted to
the spouse under paragraph (i);

(vi) if the deceased officer does not leave a spouse, or leaves a spouse to
whom no dependant pension is granted, or does not leave any children
or mother to whom a dependant pension is granted, and the father of
the deceased officer was wholly or mainly dependent on the deceased
officer for his support, a dependant pension to the father, while the
father is without adequate means of support, of an amount not ex-
ceeding the dependant pension which could have been granted to the
spouse under paragraph (i).

(2) A dependant pension shall be payable as soon as possible after the
death of the officer.

(3) A dependant pension-

(a)shall not be payable under subsection (1) at any time in respect of
more than 6 children;

(b) when granted under subsection (1) shall cease-
(i) in the case of a child, at the appropriate time provided in
subsection (4);
(ii) in the case of the deceased officer's mother, as from the date of
re-marriage if the mother subsequently re-marries. or as from such
date as the Governor may determine if it appears to him at any time
that the mother is adequately provided with other means of support;
(iii) in the case of the deceased officer's father, as from such date as
the Governor may determine if it appears to him at any time that the
father is adequately provided with other means of support.

(4) A dependant pension granted under subsection (1) to a child shall
cease-





(a) in the case of a male child-

(i) at the age of 18 years unless at the time he attains that age he is
receiving full-time education;

(ii) at the time at which he has since attaining the age of 18 years ceased
to receive continuous full-time education:

Provided that a dependant pension that has ceased under this
subparagraph may be paid again during the period when the full-time
education is resumed; or

(iii) at the age of 23 years,

whichever first occurs;

(b) in the case of a female child-

(i) on her marriage;

(ii) at the age of 21 years unless at the time she attains that age she is
receiving full-time education;

(iii) at the time at which she has since attaining the age of 21 years
ceased to receive continuous full-time education:

Provided that a dependant pension that has ceased under this
subparagraph may be paid again during the period when the full-time
education is resumed; or

(iv) at the age of 23 years,

whichever first occurs.

(5) For the purposes of subsection (1), 'pensionable emoluments' includes
pensionable emoluments enjoyed or drawn.

(6) For the purposes of subsection (4)-

(a)full-time education' means full-time education at any university, college,
school or other educational establishment recognized as such by the
Director of Education; and

(b)a child on normal university, college, school or other educational
establishment holidays or awaiting for a normal period for admission to a
university, college, school or other educational establishment is receiving
full-time education.

(7) For the purposes of this section-

(a)where an officer contracts a marriage and by reason of the form thereof the
officer is or becomes lawfully married to more than one woman at the same
time, 'wife' (without prejudice to the definition of 'wife' in section 2)
means the woman whom such officer first married:

Provided that in the event of any wife eligible for a dependant
pension under this section ceasing to be so eligible and at the same time
of such cessation the officer was lawfully married as aforesaid to another
wife or other wives the officer shall be deemed for the purposes of this
section to have become a widower at the time of such cessation and
simultaneously to have married the woman who at such time was his wife
and whom he married first after his marriage to the wife who has ceased to
be eligible as aforesaid;





(b)'child' (without prejudice to the definition of 'child' in section 2)
means-
(i) any child of a female officer and, in the case of a child of a male
officer, any child born by a woman who at the time of the birth was the
wife or widow of the officer; or
(ii) a child who was wholly or mainly dependent upon the deceased
officer for support, and who had been adopted by the officer before the
date of the injuries which resulted in the death of the officer.

(8) An officer who dies as a result of injuries received while travelling by
any means in pursuance of official instructions or in the course of his duties shall
be deemed for the purposes of subsection (1) to have died in the circumstances
described in that subsection.

(9) This section shall not apply in the case of the death of any officer if his
dependants, as defined in section 3 of the Employees' Compensation Ordinance
(Cap. 282) or section 2 of the Pneumoconiosis (Compensation) Ordinance
(Cap. 360), are entitled to and have received compensation under any of those
Ordinances in respect of such death.

(10) The Legislative Council may, by resolution, vary in respect of officers
dying after such date as may be specified in the resolution, the sum of $12,000
specified in subsection (1)(i) and the sum of $6,000 specified in subsection (1)(iii)
and (iv):

Provided that no such resolution may provide for a decrease in the
minimum dependant pension in relation to officers dying before the date of
the resolution.

Death gratuity

20. (1) Where an officer-

(a)who has completed not less than 2 years' qualifying service, dies other
than as specified in paragraph (b); or

(b)irrespective of the length of the period of his qualifying service, dies as
a result of injuries received-
(i) in the actual discharge of his duty;
(ii) without his own default; and
(iii) on account of circumstances specifically attributable to the
nature of his duty,

while in service under the Government, there shall be paid a death gratuity of
an amount calculated in accordance with subsection (2).

(2) A death gratuity payable under subsection (1) in respect of the death
of an officer shall be an amount not exceeding-

(a) his annual pensionable emoluments; or

(b)the commuted pension gratuity which he would have received had he
retired at the date of his death and opted for reduction of his pension
by 50% under section 24(1),

whichever is the greater.





(3) In computing a commuted pension gratuity for the purposes of subsection
(2), the officer's service shall be deemed to include any period of untaken vacation
leave for which an ex gratia payment corresponding to the salary for that period has
been granted.

(4) Where a pensioner, other than a person referred to in subsection (5), dies
after retirement from service under the Government, there shall be paid a death
gratuity of an amount equal to

(a) his annual pensionable emoluments; or

(b)the commuted pension gratuity which he would have received had he
opted on his retirement for reduction of his pension by 50% under section
24(1),

whichever is the greater, less any pension benefits already paid or payable to him
but excluding any additional pension granted under section 15(1).

(5) Where an officer, who has been granted a deferred pension-

(a)dies before any deferred pension is paid to him, there shall be paid a death
gratuity of an amount not exceeding the maximum commuted pension
gratuity which he would have received had he retired at the date of his
retirement in the public interest under section 11 (1)(e), his compulsory
retirement under section 1 1(1)(f) or his resignation under section 1 1(1)(j),
as the case may be, and opted for reduction of his pension by 50% under
section 24(1), plus any authorized increase; or

(b)dies after any deferred pension is paid to him, there shall be paid a death
gratuity of an amount equal to the maximum commuted pension gratuity
which he would have received had he opted for reduction of his pension
by 50% under section 24(1) plus any authorized increase thereon up to the
time when the deferred pension was paid to him for the first time, less any
pension benefits already paid or payable to him and any authorized
increase thereon up to the time when the deferred pension was paid to him
for the first time, but excluding any additional pension granted under
section 15(1).

(6) Subject to subsections (7) and (8), in the case of an officer, other than an
officer referred to in subsection (5), who dies in the circumstances described in
subsection (1) and whose period of qualifying service is

(a) not less than 5 nor more than 22-1 years; or

2

(b) more than 22-1 years but whose pensionable service is less than 221

2 2

years,

the pensionable service which may be taken into account for the computation of
death gratuity may be supplemented by deeming his pensionable service to be

(i) twice the actual period of his pensionable service (subject to a maximum of
221 years); or

_k

(ii) the period of pensionable service that he would have completed if he had served
until attaining his retirement age, whichever is the lesser.





(7) Subsection (6) shall apply in the case of an officer who is eligible for,
or is granted, a pension, and who is re-appointed to service under the Govern-
ment, irrespective of the length of qualifying service completed during such
re-appointment.

(8) In the case of an officer to whom subsection (7) applies, the deemed
increase of pensionable service under subsection (6) in respect of the final period
of service of the officer may not exceed-

(a)the deemed increase of pensionable service for which the officer would
have been eligible under subsection (6) had his total period of service
been continuous; or

(b) the actual period of his service after his re-appointment,

whichever is the lesser, and any officer who has been granted a deemed increase
of pensionable service under this Ordinance or the Pensions Ordinance (Cap.
89), or both the Ordinances, in respect of his previous period of service shall
only be eligible for a further deemed increase of pensionable service for any
subsequent period of service to the extent that the total deemed increase of
pensionable service does not exceed the maximum deemed increase of pension-
able service specified in subsection (6).

(9) In respect of an officer who has more than one period of continuous
service, there shall be paid a death gratuity in respect of each period of
continuous service under this section; but the total sum of the death gratuities
payable in respect of more than one period of continuous service shall not
exceed the sum of the death gratuity that would have been payable had the
officer's whole period of service been continuous and had his highest pension-
able emoluments or notional highest pensionable emoluments, whichever is the
greater, been taken for the calculation of the death gratuity, less any pension
benefits already paid or payable to him but excluding any additional pension
granted under section 15(1).

(10) Every death gratuity shall be paid as soon as possible after the death
of the officer or pensioner to-

(a)his legal personal representative and shall form part of the estate of the
officer or pensioner for the purposes of distribution but no estate duty
shall be payable in respect of the death gratuity and its addition to the
principal value of the estate shall not be taken into consideration for
the purpose of increasing the rate at which estate duty on the remain-
der of the estate may be payable; or

(b)where the death gratuity does not exceed such amount as may be
determined by the Governor, a person named by the Governor to be
the recipient.

(11) This section shall not apply in the case of a death of an officer or
pensioner where benefits corresponding to a death gratuity are paid or payable
under the Oversea Superannuation Scheme in respect of the death.

Maximum pension

21. (1) Except in cases referred to in subsection (2), a pension (or in the
case of more than one pension, the total of the pensions, including any pension





or pensions granted under the Pensions Ordinance (Cap. 89)) granted to an officer
shall not exceed two-thirds of

(a) the highest pensionable emoluments enjoyed or drawn by him; or

(b)the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service,

whichever is the greater.

(2) An additional pension granted to an officer under section 15(1), or any
additional pension granted to him under regulation 31 of the Pensions Regulations
(Cap. 89, sub. leg.), in respect of injury shall not be taken into account for the
purpose of subsection (1) of this section; but, where the officer is granted any such
additional pension, the amount thereof together with any authorized increase on the
additional pension from the date of injury to the date when the additional pension is
paid for the first time, and any other pension or pensions granted to him shall not
exceed five-sixths of

(a) the highest pensionable emoluments enjoyed or drawn by him; or

(b)the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service,

whichever is the greater.

(3) An officer who is granted a pension in respect of other public service shall
not at any time draw from the general revenue an amount of pension in respect of
service under the Government which, when added to the amount of any pension
granted in respect of other public service, exceeds two-thirds of

(a) the highest pensionable emoluments enjoyed or drawn by him; or

(b)the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service,

whichever is the greater:

Provided that where an officer is granted in respect of some period of his
service under the Government or in other public service both a gratuity and a
pension, the amount of such pension shall be deemed for the purposes of this
subsection to be

(i) where the option to commute any part of a pension in return for the
payment of a commuted pension gratuity has been exercised, the amount
of pension if that option had not been exercised; or

(ii) in all other cases, four-thirds of its actual amount.

(4) For the purposes of subsections (1), (2) and (3), the highest pensionable
emoluments enjoyed or drawn by an officer or the notional highest pensionable
emoluments deemed to have been enjoyed or drawn by him shall be determined in
accordance with regulation 16 of the regulations.

Pensionable emoluments

22. Except as otherwise provided in this Ordinance and the regulations-

(a)in the case of an officer to whom section 4(1)(a) and (1)(c) applies, and an
officer to whom section 4(1)(b) applies where 100% of his





substantive salary (expatriation pay and special allowance was to
be taken as pensionable emoluments under the Pensions Ordinance
(Cap. 89)), 100% of his salary, expatriation pay, personal allowance
and special allowance shall be taken as his pensionable emoluments,
but not any other emoluments whatever;

(b)in the case of an officer to whom section 4(1)(b) applies and who has
further opted under section 8(3)-
(i) in respect of his service prior to the material date-
(A) 90 %of his salary;
(B) 50% of his expatriation pay;
(C) 100% of his personal allowance; and
(D) 90% of his special allowance,

shall be taken as his pensionable emoluments, but not any other
emoluments whatever; and
(ii) in respect of his service after the material date, 100% of his
salary, expatriation pay, personal allowance and special allowance
shall be taken as his pensionable emoluments, but not any other
emoluments whatever,

and for the purposes of this paragraph, 'material date' means a date
to be determined in accordance with the terms of a Circular issued
under and for the purposes of this paragraph by the Secretary for the
Civil Service;

(e)in the case of an officer to whom section 4(1)(b) applies (other than
an officer in respect of whom 100% of substantive salary, special
allowance and expatriation pay was to be taken as pensionable
emoluments under the Pensions Ordinance), and who has not further
opted under section 8(3)-
(i) 90% of his salary;
(ii) 50% of his expatriation pay;
(iii) 100% of his personal allowance; and
(iv) 90% of his special allowance,

shall be taken as his pensionable emoluments, but not any other
emoluments whatever;

(d)in the case of an officer whilst serving in other public service, the
emoluments which are pensionable emoluments in accordance with
the law or regulations in force in such service shall be taken as his
pensionable emoluments.

Computation and grant of pension benefits

23. (1) Pension benefits granted to an officer, or to his dependants, shall
be computed-

(a)except in the case of a deferred pension, in accordance with the
provisions relating to such officer which are in force at the date of
his retirement, or death or injury, as the case may be;





(b)in the case of a deferred pension, in accordance with the provisions which
are in force at the date when the officer leaves the service.

(2) Subject to section 21, a separate pension shall be computed and granted in
respect of each period of continuous service of an officer in the public service.

Commuted pension gratuity and reduced pension

24. (1) Subject to subsections (5) and (7), an officer to whom any pension is to
be granted under this Ordinance, other than a pension under section 14 and an
additional pension under section 15, shall, if he has exercised his option in
accordance with subsections (2) and (3) of this section, be paid, in lieu of any such
pension or aggregate of the pensions, a reduced pension at the rate of 50, 55, 60, 65,
70, 75, 80, 85, 90 or 95% of the pension, or a similar percentage of the aggregate of
the pensions, according to the option exercised, together with a commuted pension
gratuity equal to 14 times the amount of the reduction so made in the annual pension
or aggregate annual pensions.

(2) The option referred to in subsection (1) shall be exercised, and if it has been
exercised may be revoked, not later than the day immediately preceding the date of
such officer's retirement or, in the case of a deferred pension, not later than the date
immediately preceding the date on which such officer attains the age when the
deferred pension is payable under section 7(a):

Provided that the Governor may, if it appears to him equitable in all the
circumstances so to do, allow an officer in any particular case to exercise the option,
or revoke an option previously exercised, at any time between that date and the
actual date when the pension or aggregate pensions is payable for the first time.

(3) The option referred to in subsection (1) shall-

(a) be in writing addressed to the Director of Accounting Services; and

(b)state the rate of the reduced pension, in accordance with that subsection,
in the annual pension or aggregate of the annual pension,

and the date of the exercise of the option shall be deemed to be the date on which
the Director of Accounting Services receives the option.

(4) Subject to the provisions of subsection (2) as regards the revocation of an
option, an option exercised under that subsection shall be irrevocable.

(5) An officer who dies before exercising an option under subsection (1) but
after he has retired shall be deemed to have exercised the option to reduce his
pension or aggregate pensions by 50% and the commuted pension gratuity and
reduced pension shall be paid in accordance with subsection (1).

(6)(a) Subject to paragraph (c) and subsection (7), a commuted pension
gratuity shall be payable

(i) in case the relevant pension is a deferred pension, when that
pension is payable under section 7 for the first time;

(ii) incase a direction is given by the Governor under section 11(2) in
relation to the relevant pension, when that pension would be payable for
the first time if it were a deferred pension;





(iii) in any other case, when the relevant reduced pension is payable
under this Ordinance for the first time.

(b)The Governor may, as regards a particular case, direct that a commuted
pension gratuity shall be payable on a day specified in the direction,
being a day which is earlier than the day on which the gratuity would
otherwise fall to be paid under paragraph (a).

(e)Where the Governor gives a direction under this subsection, the
commuted pension gratuity to which the direction relates shall be payable
on the day specified in the direction. (Replaced 61 of 1988 s.5)

(7) Where an officer retires in accordance with any compensation scheme, the
reduced pension and the commuted pension gratuity shall be computed, and shall
be payable, in accordance with the compensation scheme applicable to the officer.

Husband entitled to pension benefits only if dependent

25. No pension benefits or moneys related thereto shall accrue to a husband of
a female officer under sections 19(1)(i) and 28(3), nor shall he be a beneficiary and be
entitled to exercise the option conferred by section 17, unless satisfactory evidence
is produced by him to the Secretary for the Civil Service to show that he is wholly or
mainly dependent upon his wife for support by reason of his infirmity of mind or
body, illness or old age.

Suspension of pension on re-appointment to the service

26. (1) If an officer who is eligible for a pension or to whom a pension has been
granted is re-appointed to the public service, or appointed to service in any
subvented organization which is determined to be public service for the purposes of
this section by the Governor by notice in the Gazette, the payment of the pension
may be suspended during the period of his service after his re-appointment or
appointment, as the case may be.

(2) A pension that is suspended under subsection (1) shall be payable with
effect from the date on which the service of the officer after his re-appointment or
appointment ceases.

Power not to grant, or to cancel or reduce, pension

27. (1) Subject to subsection (5) and to section 29A, a designated officer may

(a)refuse to grant a pension to a person if it be shown to the designated
officer that the person wilfully suppressed facts that are material to the
grant of a pension; or

(b)cancel or reduce a pension granted to a person if it be shown to the
designated officer that the pension was obtained by the wilful
suppression by the person of facts, or that it was granted in ignorance of
facts, which were such that had they been known before the retirement of
the person, the pension would not have been granted or would only have
been granted in part.





(2) Subject to subsection (6) and to section 29A, a designated officer
may-

(a) refuse to grant a pension; or

(b) cancel or reduce a pension granted,

to an officer to whom section 11 (1)(a), (b), (j) or (k) applies, if it be shown to the
designated officer that-
(i) the officer retired during any disciplinary proceedings brought against
him by the Government, or resigned from the service to avoid such
disciplinary proceedings; and
(ii) had such proceedings been completed or taken place they would,
in the opinion of the Public Service Commission, have led to the
dismissal of the officer from the service or compulsory retirement in
the exercise of disciplinary powers of punishment by the Govern-
ment with a reduction of the pension benefits granted to him.

(3) A cancellation or reduction of pension made by a designated officer
under subsection (1) or (2) shall be effective as from such date as the designated
officer shall determine, and in the case of a reduction of pension the reduction
shall be by such amount, not exceeding 25% of the pension, as the designated
officer shall determine.

(4) Where, under this section, a designated officer refuses to grant a
pension to a person or officer, a pension shall accordingly not be granted
to that person or officer.

(5) Before a designated officer, acting under subsection (1),-

(a) refuses to grant a pension; or

(b) cancels or reduces a pension granted,

to a person other than a person who holds or who, immediately before leaving
the public service, held an office specified in section 6(2) of, or the First Schedule
to, the Public Service Commission Ordinance (Cap. 93), he shall take into
consideration the advice of the Public Service Commission.

(6) In exercising any power under subsection (2) to-

(a) refuse to grant a pension; or

(b) cancel or reduce a pension granted,

to an officer other than an officer who holds or who, immediately before leaving
the public service, held an office specified in section 6(2) of, or the First Schedule
to, the Public Service Commission Ordinance, a designated officer shall take
into consideration the advice of the Public Service Commission.
(Replaced 86 of 1988 s. 3)

Pension to cease on bankruptcy

28. (1) If any person to whom a pension has been granted is adjudicated
bankrupt or is declared insolvent by judgment of any court, subject to sub-
section (5), payment of the pension shall cease as from the date on which he
is so adjudicated.





(2) If any person is adjudicated bankrupt or declared insolvent-

(a)after retirement in circumstances in which he is eligible for pension but
before the pension is granted, any pension eventually granted to him shall
cease as from the date of adjudication or declaration, as the case may be;
or

(b)before such retirement, and he has not obtained his discharge from
bankruptcy or insolvency at the date of his retirement, a pension may be
granted to him, but, subject to subsection (5), payment on foot thereof
shall forthwith cease.

(3) Where a pension ceases under subsection (1) or (2), the Governor may, from
time to time during the remainder of the person's life, or during such shorter period
or periods, either continuous or discontinuous, as the Governor shall think fit, direct
that ex gratia payment of all or any part of the moneys to which such person would
have been entitled by way of pension had he not been adjudicated bankrupt or
declared insolvent be paid to, or applied for the maintenance or benefit of all or any,
to the exclusion of the other or others, of the following, that is to say, such person
and any spouse, child or children of such person, or such other of his dependants
as the Governor may determine, in such proportions and manner as the Governor
thinks fit, and such moneys shall be paid or applied accordingly.

(4) Moneys applied for the discharge of the debts of the person whose
pension has ceased under subsection (1) or (2) shall, for the purposes of this
section, be regarded as applied for his benefit.

(5) Where, by virtue of subsection (1) or (2), payment to a person of a pension
granted to him is not being made and the person obtains his discharge from
bankruptcy or insolvency, as the case may be, payment of the pension shall be
restored to him as from the date on which he is so discharged.

Pension benefits may be cancelled, suspended or
reduced on conviction, etc.

29. (1) Where an officer to whom pension has been granted-

(a)is convicted of any offence in connection with the public service under
the Government, being an offence which is certified by the Governor to
have been gravely injurious to Hong Kong or to be liable to lead to
serious loss of confidence in the public service;

(b)is convicted of any offence under Part 11 of the Prevention of Bribery
Ordinance (Cap. 201), being an offence related to the person's previous
public service under the Government; or

(c)is convicted of treason under section 2 of the Crimes Ordinance (Cap.
200),

the pension may be cancelled, suspended or reduced.

(2) If after the retirement of an officer in circumstances in which he is eligible for
pension benefits but before the pension benefits are granted he is convicted and
sentenced as specified in subsection (1), any pension benefits eventually granted to
him may be cancelled, suspended or reduced.





(3) Where an officer is compulsorily retired in the exercise of disciplinary
powers of punishment by the Government following a conviction of any offence
referred to in subsection (1), the deferred pension which may be granted to him may
be cancelled, suspended or reduced, or he may not be granted a deferred pension.

(4) Subject to section 29A, the power under subsection (1), (2) or (3) to cancel,
suspend, reduce or refuse to grant pension benefits shall be exercisable by a
designated officer. (Replaced 86 of 1988 s. 4)

(5) Where, under this section, a designated officer refuses to grant a deferred
pension to a person, a deferred pension shall accordingly not be granted to that
person. (Replaced 86 of 1988 s. 4)

(6)-(8) (Repealed 86 of 1988 s. 4)

Provisions supplementary to sections 27 and 29

29A. (1) The Governor may appoint an officer in the public service to be a
designated officer for the purposes of this Ordinance and such appointment may be
made either generally or for the purpose of enabling the officer, should he think fit,
to exercise as regards a particular case specified in the appointment, any of the
powers conferred on a designated officer by this Ordinance.

(2) For the purposes of section 29(1), (2) and (3), a designated officer may
determine

(a)whether pension benefits shall be cancelled, suspended or reduced, or
shall not be granted, as the case may be;

(b)the date from which, subject to subsection (12), pension benefits shall be
cancelled, suspended or reduced; and

(c)in the case of a reduction in pension benefits, the amount of the reduction
not exceeding 25% of the pension benefits.

(3)(a) Before a designated officer exercises a power conferred on him by
section 27 or 29, he shall by a communication in writing addressed to the
officer or other person concerned inform him that exercise of such a power
in relation to him is being considered and state why such exercise is being
considered.

(b)The communication referred to in paragraph (a) shall state that, within a
period specified in the communication (being a period ending not earlier
than 30 days after the date of the communication) or such longer period as
the designated officer may allow, the officer or other person to whom it is
addressed may make representations to the designated officer as regards
the exercise in relation to him of a power conferred on the designated
officer by section 27 or 29.

(c)A person to whom a communication referred to in paragraph (a) is
addressed shall notify in writing the designated officer of an intention of
his to make representations referred to in paragraph (b).

(d)The officer or other person to whom a communication referred to in
paragraph (a) is addressed shall, within the period specified in the
communication (or such longer period as the designated officer may





allow), be afforded an opportunity of stating in writing, or having so
stated on his behalf, why any of the powers conferred by section 27 or 29
on a designated officer should not be exercised in relation to him.

(e) Where-

(i) a communication referred to in paragraph (a) is issued; and

(ii) the period specified in the communication has expired; and

(iii) a notification referred to in paragraph (c) is not received by the
designated officer from the person to whom the communication is
addressed; and

(iv) an application to extend the period specified in the communication
is not so received, or where such an application is so received, it is
disallowed,

notwithstanding the absence of representations referred to in paragraph
(b), the designated officer may exercise in relation to such person a power
conferred on such officer by section 27 or 29.

(4) A designated officer shall not exercise a power conferred on him by section
27 or 29 without having had regard to the submission (if any) made to him by or on
behalf of the officer or other person concerned pursuant to this section.

(5) Where a designated officer exercises a power conferred on him by section
27 or 29, he shall forthwith notify in writing the officer or other person concemed.

(6) A person who is aggrieved by a decision of a designated officer made in the
exercise of a power under section 27 or 29 may, within the period of 30 days
beginning on the date of the notification of the decision, or such longer period as
the Governor may permit, petition the Governor against the decision.

(7) Where the Governor receives a petition under subsection (6), he may, by a
letter addressed to a member of the Panel, require the Panel to consider and report to
him on the petition, and where the Governor makes such a requirement

(a) the Panel shall comply with the requirement; and

(b)before he determines the petition, the Governor shall have regard to the
report of the Panel.

(8) In determining a petition under subsection (7) the Governor may, as he
thinks fit, confirm, vary or reverse the decision to which the petition relates.

(9) Where pension benefits are cancelled or suspended in accordance with a
determination under subsection (2), the Governor may direct that all or any part of
the moneys to which the officer or other person concerned would have been
entitled by way of pension benefits had he not been convicted and sentenced as
specified in section 29(1) or retired as specified in section 29(3) be paid or applied in
the same manner and in all respects as provided for in section 28(3), and when the
Governor so directs, the moneys to which the direction relates shall be paid or
applied in accordance with the direction.





(10) Where a person whose pension benefits have been cancelled or
suspended, or have been reduced, in accordance with a determination under
subsection (2) receives a free pardon, the pension benefits to which such person
would have been entitled had he not been convicted and sentenced as specified
in section 29(1) shall be restored to him with retrospective effect as from the date
of cancellation, suspension or reduction; but in determining whether any arrears
of such pension benefits are payable to such person and in computing the
amount thereof account shall be taken of all moneys paid or applied under
subsection (9) or, where pension benefits have been reduced, paid as reduced
pension benefits.

(11) Where a person whose pension benefits have been cancelled or
suspended, or have been reduced, in accordance with a determination under
subsection (2), has served any sentence of imprisonment imposed on conviction,
the Governor may direct that the pension benefits to which such person would
have been entitled had he not been convicted and sentenced as specified in
section 29(1) shall be restored to him as from the date on which he com-
pletes serving the sentence of imprisonment or any later date as the Governor
shall specify in the direction, and where the Governor so directs, the pension
benefits to which the direction relates shall be restored in accordance with the
direction.

(12) Where a designated officer exercises a power conferred on him by
section 27 or 29, the relevant cancellation, suspension or reduction, as the
case may be, shall not come into operation-

(a) in case no petition is brought under subsection (6) as regards the
exercise, until the time for bringing such petition has expired; or

(b)in case such a petition is brought, before the petition is either
determined or withdrawn.
(Added 86 of 1988 s. 5)

Panel

29B. (1) There shall be an advisory panel (in section 29A and this section
referred to as 'the Panel') to perform the functions conferred on it by section 29A
and this section.

(2) The Panel shall consist of 3 members of whom-

(a) 1 shall be appointed by the Governor from amongst-
(i) the judiciary; or
(ii) the members of the Bar who are not public officers; or
(iii) the members of the Solicitors' profession who are not such
officers;

(b)another shall be appointed by the Governor from amongst the justices
of the peace who are not public officers; and

(c)the remaining member shall be a person, other than a person described
in paragraph (a) or (b) or a public officer, appointed by the Governor.





(3) Where the Governor makes a requirement under section 29A(7), the
member of the Panel to whom the letter containing the requirement is addressed
shall, as soon as may be, convene a meeting of all the members of the Panel to
consider and report to the Governor on the petition to which the requirement
relates.

(4)(a) A person appointed to be a member of the Panel shall be
appointed for such period (being a period not exceeding 3 years), as
shall be specified by the Governor at the time of appointment.

(b)A member of the Panel may resign his office by letter addressed to the
Governor and the resignation shall take effect as on and from the date
of the receipt of the letter by the Governor.

(c)The Governor may remove from office any member of the Panel who
has become incapable through ill-health of effectively performing his
duties, or who has committed stated misbehaviour or whose removal
appears to the Governor to be necessary for the effective performance
by the Panel of its functions.

(5) Sections 42, 48 and 49 of the Interpretation and General Clauses
Ordinance (Cap. 1) shall not have effect as regards the Panel or its members.
(Added 86 of 1988 s. 5)

Pension may be suspended on certain post-retirement
employment

30. (1) The Governor may direct that any pension granted to a person
shall be suspended as from such date as the Governor shall specify if such
person has, within 2 years after his retirement and without the prior permission
in writing of the Governor---

(a) entered business on his own account;

(b) become a partner in a partnership;

(c) become a director of a company; or

(d) become an employee,

if the principal part of such business or the business of such partnership or
company or of his employment is, in the opinion of the Governor, carried on
in Hong Kong, and such direction shall be forthwith notified in writing by
the Secretary for the Civil Service to the person concerned.

(2) The Governor may specify a period of more than 2 years for the
purposes of subsection (1) where he thinks fit, and such specification shall be
forthwith notified in writing by the Secretary for the Civil Service to the person
concerned.

(3) A person who is aggrieved by any direction under subsection (1) or
any specification under subsection (2) may, within 30 days of the notification to
him of the direction or specification or such longer period as the Governor may
in any particular case permit, petition the Governor against the direction or
specification and the Governor may confirm, vary or reverse the direction or
specification as he thinks fit.





(4) Where a person whose pension has been suspended under subsection (1)
ceases to be engaged in any of the capacities specified in that subsection, the
Governor may, if he is satisfied that the person has so ceased to be engaged, direct
that the pension shall be restored to him with retrospective effect as from the date of
cesser of the engagement or any later date as the Governor shall specify, and the
pension shall be restored accordingly.

Pension benefits not assignable

31. (1) Save as otherwise provided by the Public Officers (Assignment of
Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer shall not
be assignable or transferable except for the purpose of

(a) satisfying (either in whole or in part) a debt due to the Government; or

(b)satisfying an order of any court for the payment of money towards the
maintenance of the spouse or former spouse or minor child of the officer,

and pension benefits shall not be liable to be attached, sequestered or levied upon
for or in respect of any claim or debt other than a debt due to the Government.

(2)(a) Where any person to whom pension benefits are granted owes a debt
to the Government, subject to paragraph (b), the Director of Accounting
Services may apply those benefits, either in whole or in part, for the
satisfaction, or partial satisfaction, of the debt.

(b) Where
(i) a person owes a debt to the Government arising otherwise than on
account of tax payable under the Inland Revenue Ordinance (Cap. 112);
and

(ii) the person has not consented to the exercise, in relation to pension
benefits granted to him, of the power conferred on the Director of
Accounting Services by this subsection,

the amount applied in such exercise shall not, as regards a particular such
benefit, exceed an amount equal to 25% of the benefit.

(3) Each of the references in this section to pension benefits shall be construed
as including a reference to any increase in the benefits which is for the time being
authorized under section 4 of the Pensions (Increase) Ordinance (Cap. 305).

(Replaced 61 of 1988 s. 7(1))

Operation of section 31

31A. Section 31, as enacted by section 7(1) of the Pension Benefits
(Miscellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have
come into operation on 1 July 1987.

(61 of 1988 s. 7(2) incorporated)

Grant of short service gratuity

32. (1) If a pension cannot be granted to an officer whose service under the
Government is less than the qualifying service specified in section 11, he shall be
granted, on retirement from the public service, a short service gratuity at the
prescribed rate in respect of his service.





(2) Short service gratuity granted to an officer shall be payable to him as
soon as possible after retirement.

Governor's power to exempt or modify

33. (1) The Governor may exempt any officer and his dependants from
the application of any provisions of this Ordinance and the regulations in any
particular case, or may modify the application of any such provisions in any
such case in the manner specified by him, where in his opinion inequity results
from the application of such provisions; but any such exemption or modifica-
tion shall not be detrimental to the officer or his dependants and shall be in
keeping with the spirit of this Ordinance.

(2) No exemption or modification under subsection (1) shall become
operative unless it has received the prior approval of the Legislative Council
signified by resolution.

Power to amend Schedule

34. The Chief Secretary may by order published in the Gazette amend the
Schedule.

Regulations

35. (1) The Governor in Council may make regulations providing for-

(a)the grant of pension benefits to officers who are transferred to or from
service under the Government from or to other public service;

(b)the factor for the computation of pension on retirement and such
factor may apply to service before 1 July 1987;

(c) the computation of qualifying service;

(d)the service which may be taken into account as qualifying service
or pensionable service, which may include qualifying service or pen-
sionable service prior to 1 July 1987, and for deeming an increase
in pensionable service in certain circumstances;

(e)the emoluments which may be taken into account for computing
pension benefits;

the determination of highest pensionable emoluments;

(g)empowering the Secretary for the Civil Service to amend a Schedule to
the regulations containing, and containing only, a list of Scheduled
Governments within the meaning of the regulations;

(h) the better carrying out of the purpose and provisions of this Ordinance.

(2) Subject to subsection (3), whenever the Governor in Council is
satisfied that it is equitable that any regulation made under subsection (1)
should have retrospective effect in order to confer a benefit upon or remove a
disability attaching to any person that regulation may be given retrospective
effect for that purpose.

(3) No regulation given retrospective effect under subsection (2) shall
become operative unless it has received the prior approval of the Legislative
Council signified by resolution.





SCHEDULE [ss. 2, 10 & 341

SCHEDULED OFFICERS

Rank and File
Department Directorate Ranks Senior Ranks Grades
(1) Correctional Commissioner ofSenior Superintendent Assistant Officer 1
Services Correctional Services of Correctional

Department Deputy Commissioner Services Assistant Officer 11

of Correctional Superintendent of Instructor
Services Correctional Services(Correctional Services)
Assistant Chief Officer
Commissioner of
Correctional Principal Officer
Services Officer
General Manager Superintendent of

(Correctional Services Correctional Services

Industries) Industries

Chief Industrial
Officer
(Correctional
Services)

Principal Industrial
Officer
(Correctional
Services)

Industrial Officer
(Correctional
Services)

(2) Customs and Commissioner of Senior Superintendent Chief Customs Officer
Excise Customs and Excise of Customs and

Department Deputy Commissioner Excise Senior Customs Officer

of Customs and Superintendent of Customs Officer
Excise Customs and Excise
Assistant Assistant
Commissioner of Superintendent of
Customs and Excise Customs and Excise

Senior Inspector of
Customs and Excise

Inspector of
Customs and Excise

(3) Fire Services Director of FireSenior Divisional Principal Fireman
Department Services Officer Senior Fireman
Deputy Director of Divisional Officer
Fire Services Assistant Divisional Fireman
Chief Fire Officer OfficerPrincipal
Ambulanceman
Chief Ambulance Senior Station Officer
Officer Station OfficerSenior Ambulanceman
Deputy Chief Fire Ambulanceman
Officer Assistant Chief
Ambulance Officer






Superintendent
(Ambulance)
Senior Ambulance
Officer
Ambulance Officer





Rank and File
Department Directorate Ranks Senior Ranks Grades
(4) Immigration Director of Principal Immigration Senior Immigration
Department Immigration Officer Assistant
Deputy Director of Assistant Principal Immigration Assistant
Immigration Immigration Officer
Assistant Director of Chief Immigration
Immigration Officer
Senior Immigration
Officer
Immigration Officer
Assistant immigration
Officer

(5) Royal Hong Commissioner of Senior Superintendent Station Sergeant
Kong Police Police
Force Deputy Commissioner Superintendent Sergeant
of Police Chief InspectorConstable
Senior Assistant Senior Inspector
Commissioner of Inspector
Police
Assistant
Commissioner of
Police
Chief Superintendent

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2435

Edition

1964

Volume

v7

Subsequent Cap No.

99

Number of Pages

33
]]>
Tue, 23 Aug 2011 18:07:05 +0800
<![CDATA[POST OFFICE REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2434

Title

POST OFFICE REGULATIONS

Description






POST OFFICE REGULATIONS
(Cap. 98, section 3)
[1 September 19381

G.N. 656138 -G.N. 410147, G.N.A. 69148, G.N.A. 70148, G.N.A. 139149, G.N.A 23152, G.N.A.
75158, G.N.A. 25159, G.N.A. 30162, L.N. 16163, L.N. 116167, L.N. 90168, L.N. 68171, L.N.
174174, L.N. 84175, L.N. 270175, L.N. 67178, L.N. 176180, L.N. 184181, 31 of 1981, L.N.
394181, L.N. 60185, 41 of 1985, R. Ed. 1985, 1 of 1987, 22 of 1988, L.N. 191188

1. These regulations may be cited as the Post Office Regulations.

2. In any government notification specifying the postage rates for the
time being in force, and in these regulations, unless the context otherwise
requires-

'circular' means a communication produced by typewriting or other mechan-
ical process of which copies are addressed to a number of persons in
identical or nearly identical terms;

'printed paper' means a document which is produced by some mechanical
process other than typewriting.
(L.N. 68171)

3. Circulars for addresses in Hong Kong shall be posted in batches of not
less than 10 of uniform size and weight and shall be posted by being delivered to
an officer of the Post Office.
(1 of 1987 s. 8)

4. The maximum weight for the following postal articles shall be-

Maximum
Weight

(a) Letters for any destination ......2 kg
(b) Printed papers
(i) Inland ...........................1 kg
(ii) Destination elsewhere ...........2 kg
(e) Small packets for any destination 1 kg

(d) Literature for the blind posted as such to any destination 7 kg

(e) (Repealed L.N. 270175)

Books for overseas destinations ....5 kg
(L.N. 68171; L.N. 176180)

5. (1) A class of postal packets called 'small packets' is authorized with
the object of affording facilities, in the international service, for the transmission





of small articles of merchandise in the letter mails. The exchange of small packets is
limited to those countries which have agreed to participate in the service.

(2) The prohibitions applicable to letter post shall apply also to the service of
small packets. In addition, the following shall be specially excluded from
transmission in small packets

(a)letters, notes or documents having the character of actual and personal
correspondence (this prohibition shall not apply to open invoices reduced
to the simplest form, the address of the addressee, the description of the
article and the sender's address);

(b) coins;

(c) banknotes;

(d) currency notes;

(e) negotiable instruments payable to bearer;

(j) platinum, gold or silver, manufactured or not;

(g) precious stones;

(h) jewels and other valuable articles;

(i) postage stamps, whether obliterated or not.

(3) Small packets shall be sent in such a manner as to be easily examined. In
addition, the name and address of the sender shall be shown on the outside of the
packet and each packet shall be conspicuously marked SMALL PACKET in the top
left-hand corner. (L.N. 68171)

(4) Small packets may be registered but not insured.

6. (1) The following letters shall not be subject to any postage~---

(a)letters on official business, posted in Hong Kong, from a department of
the Government of Hong Kong, addressed to the United Kingdom or to a
British possession or protectorate, marked ON HER MAJESTY'S SERVICE
and signed in the lower left-hand corner with the usual signature of the
head or assistant head of the department of origin; (1 of 1987 s. 8)

(b)letters on postal business posted in Hong Kong and addressed to the
Postmaster General;

(c)letters on Hong Kong Savings Bank business posted in Hong Kong and
addressed 'Hong Kong Savings Bank'; and

(d)one letter posted in Hong Kong from each candidate at any Legislative
Council election, any Urban Council election, any Regional Council
election or any District Board election addressed to each elector registered
in the final register in respect of the constituency for which the candidate
is nominated containing matter relating only to such election and not
exceeding 50 grams in weight. (L.N. 394181; 41 of 1985 s. 28)





(2) For the purposes of subregulation (1)(d)--
(a)a person shall not be deemed to be a candidate unless he is shown as a
person validly nominated in the notice of nominations published in
the Gazette in accordance with the provisions of the Legislative
Council (Electoral Provisions) (Procedure) Regulations (Cap. 381, sub.
leg.) or the Electoral Provisions (Procedure) Regulations (Cap. 367,
sub. leg.); but until the publication of that notice any person who
declares himself to be a candidate shall be entitled to exercise the right
to free postage conferred by this regulation if he furnishes the
Postmaster General with such security as may be required for the
payment of postage should he not subsequently be shown in such
notice as a person validly nominated;
(b)the expressions 'constituency', 'elector' and 'final register' have the
meanings assigned to them, respectively, in the Legislative Council
(Electoral Provisions) Ordinance (Cap. 381) or the Electoral Pro-
visions Ordinance (Cap. 367). (L.N. 16163; L.N. 394181; 22 of 1988
s.8)

7. The following postal packets shall be charged the same rates of
postage as if they were letters-
(a) all postal packets which are closed to inspection except parcels; and
(b) all postal packets which contain a letter.

8. No postal packet shall contain any inclosure which is directed to a
name and address different from the name and address borne on the cover and
which is inclosed with the intention of evading postage. Any such inclosure may
be taken out and may be forwarded to the addressee charged with separate
postage.

9. (1) Where the postage payable on any postal packet is required to be
prepaid and has not been prepaid or has not been fully prepaid, the following
surcharge shall be payable- (1 of 1987 s. 9)
(a)in the case of an overseas postal packet, a fee of $3 in addition to the
postage or the deficiency as the case may be; and (L.N. 184181; L.N.
60185; L.N. 191188)
(b)in the case of an inland postal packet, double the postage or double
the deficiency as the case may be,
save that in the case of a postal packet other than a letter, the Postmaster
General may detain the packet and return it to the sender.
(2) An air mail packet on which no part, or a part only, of the postage pay-
able thereon has been prepaid may be dealt with as if it were not an air mail
packet.
(L.N. 270175)

10. Notwithstanding any alternative method of treatment and disposal of
prohibited articles authorized by the Ordinance, it shall be lawful for the
Postmaster General, or any officer of the Post Office authorized by him in that
behalf, forthwith to destroy any postal packet and the contents thereof which
may have been opened under the authority of section 10, 12, or 13 of the





Ordinance and the contents of which may be any obscene, immoral, indecent,
offensive or libellous writing, picture or other thing.

11. Subject to any special agreement between the Postmaster General and
any particular steamship company, the rates of the gratuities payable under
section 19 of the Ordinance, shall be-
(a) For transit mails other than parcels conveyed
to Indo-China and to ports in China south of
Shanghai ........................$0.50 per bag or
.................................paper packet.
(b) For transit mails other than parcels conveyed
to Canada, the United States (including Haw-
aii), Europe, Australia and New Zealand $2.00 per bag.
(c) For transit mails other than parcels conveyed
to any other destination ........$1.00 per bag.
(d) For mails other than parcels made up in Hong
Kong ............................$0.20 per kilogram
.................................or part
.................................thereof. (L.N.
.................................176180)
(e) For parcels originating in Hong Kong or
transit parcels .................$0.05 per parcel.

12. (1) Any parcel remaining unclaimed at the expiry of 7 days from the
posting of a notification of arrival shall be liable to a demurrage charge of $1 for
each day that it remains unclaimed after the expiration of that period, with a
minimum charge of $8. (L.N. 60185; L.N. 191188)
(2) If such parcel is not collected within 2 months from the posting of a
notification of arrival it may be returned to the sender or otherwise disposed of
as the Postmaster General thinks fit. (L.N. 184181)
(3) AH fees payable under this regulation shall be payable in cash in such
manner as the Postmaster General may direct.
(L.N. 270175)

13. (1) Subject to the provisions of this regulation, the Postmaster
General may let private boxes or provide private bag services to any person
applying therefor on payment in advance of the following annual fees in
respect of each such box or bag service-
..........................Large Small Private
..........................BoxBox Bag
(a) at the General Post Office, or the
Tsim Sha Tsui Post Office 350 280 150
(b) at the Kowloon Central Post Office
for small box and private bag only - 180 150

(c) at any other Post Office 180 150 150,
(L.N. 191188)





but where the initial letting is for a period of more than 12 months the fee
payable shall be the annual fee and for the period in excess of 12 months for
each month or part thereof one twelfth of the annual fee. (L.N. 184181)

(2) Every private box shall be let or bag service provided for an initial
period of not less than 12 months with effect from the first day of the month in
which the box is supplied or the service provided, and such letting or service
shall thereafter be renewable at the discretion of the Postmaster General for
further periods of-

(a)12 months at a time upon payment of the annual rent prescribed in
subregulation (1) 7 days before the date of expiry of the current
period. (L.N. 184181)

(b) (Repealed L.N. 184181)

(3) With the consent of the Postmaster General any private box service
may be let jointly to 2 or more persons, and in every such case the fee for such
service shall be 75% of the fee prescribed by subregulations (1) and (2) and shall
be payable by each such person.

(4)(a) The Postmaster General shall supply free of charge to every
lessee of a private box 1 key thereto and, on application and payment
of a fee of $10 for each key, such additional keys as may be required,
and no key other than those supplied by the Postmaster General shall
be used with any such box. (L.N. 184181)

(b)The applicant for every private bag service shall supply to the
Postmaster General for use in such service 2 bags each bag to be fitted
with a lock, 1 key to which shall be delivered to the Postmaster
General for retention by him during the continuance of such service.

(5) Every key supplied for use with any private box shall remain the
property of the Postmaster General and shall be returnable to him on termina-
tion of the rental of the box in question; and every key supplied to the
Postmaster General for use with any private bag service shall remain the
property of the supplier thereof and shall be returnable by the Postmaster
General on request by the supplier or on termination of the service.

(6) Where during the currency of any rental period any lessee of a private
box requires that the lock thereof be changed, the Postmaster General-

(a) upon application in writing; and

(b) upon payment of the sum of $30; and (L.N. 184181; L.N. 191188)

(c)upon return of every key supplied for use therewith, or payment of the
sum of $10 in lieu for each such key not returned, (L.N. 60185)

shall cause such lock to be changed for another lock and shall supply therewith,
free of charge, 1 key to each lessee of such box.
(G.N.A. 75158)

14. The fee for a certificate of posting shall be 60 cents for each packet
posted. It shall be payable in advance by means of postage stamps to the value
of 60 cents affixed to the certificate.
(L.N. 184181; L.N. 191188)





15. The fee for the reception of mail matter shall be $65 per year or part of a
year. The certificate shall lapse on 31 December of the year in which it is issued
unless renewed.

(L.N. 184181; L.N. 60185; L.N. 191188)

16. (1) The registration fee shall be $7 for each postal packet.

(2) The fee for requesting advice of delivery of a registered postal packet shall
be $7.

(3) (Repealed L.N. 270175)

(4) The registration fee and the postage on a registered packet shall be prepaid.

(G.N.A. 69148; L.N. 116/67; L.N. 68171; L.N. 84175; L.N. 270175;
L.N. 184181; L.N. 60185; L.N. 191188)

17. Unregistered postal packets found to contain banknotes, used or unused
postage stamps, cheques payable to bearer or uncrossed postal orders or postal
notes shall be subject to compulsory registration and shall be charged a registration
fee of $14 for each such packet.

(L.N. 116167; L.N. 184181; L.N. 270175; L.N. 60185; L.N. 191188)

18. (1) For cash on delivery parcels a special fee of 1 % of any trade charge
shall be payable by the sender. (L.N. 116/67; L.N. 184181; L.N. 60185)

(2) The trade charge on any one parcel shall not exceed $1,200. (L.N. 184181)

(3) Each person collecting a cash on delivery parcel shall, in addition to paying
the trade charge, pay a fee of $6. (L.N. 60185; L.N. 191188)

(4) In this regulation, 'trade charge' means the amount to he collected on
delivery.

19. (1) Local money orders, not exceeding $1,000 Hong Kong currency, will be
issued payable in Hong Kong. Commission shall be charged at $15 for each local
money order. (L.N. 184181; L.N. 60185; L.N. 191188)

(2) Foreign money orders will be issued at rates of exchange fixed from time to
time by the Postmaster General. Commission shall be charged at $15 for each foreign
money order. (L.N. 184181; L.N. 191188)

(3) The maximum amount for which a foreign money order may be issued or
paid in Hong Kong shall be $1,000, Hong Kong currency. (G.N.A. 30162)

(4) A foreign money order remaining unpaid for 1 year after the date of issue
shall be treated as void.

(5) The fee for an advice of payment shall be $15. (L.N. 270175; L.N. 191188)

(6) The purchaser of a money order may, on payment of a fee of $15, request
the Postmaster General to provide information on the payment of that money order.
(L.N. 191188)





(7) A local money order may, on payment of a fee of $15, be renewed by the
Postmaster General. (L.N. 60185; L.N. 191188)

(8) The Postmaster General may, on payment of a fee of $15,- (L.N. 191188)

(a) stop payment of any money order;

(b) issue a duplicate of a money order;

(c) repay the purchaser of any local money order that has become void; or

(d)in relation to an overseas money order that has become void, refund to the
purchaser the price he paid in Hong Kong dollars for it. (L.N. 60185)

20. British postal orders will be issued at rates of exchange fixed by the
Postmaster General from time to time.

(G.N.A. 30162)

21. The fee for insurance shall be $2.50 for each $500 or part thereof. The right
to insure, the limits up to which insurance may be effected, and the right to
compensation in case of loss or damage, shall be subject in all respects to the
provision of the Postal Guide. In this regulation, 'Postal Guide' means the Postal
Guide issued by the Postmaster General, current at the time of insuring or claiming
as the case may be, and includes any amendments of the same whereof notice may
from time to time be exhibited at the Post Office.

(L.N. 68171; L.N. 270175; L.N. 60185)

22. The selling price of an International reply coupon shall be $8.

(L.N. 270175; L.N. 184181; L.N. 60185; L.N. 191188)

23. (1) The Business Reply Envelope and Card system mentioned in this
regulation enables a person to obtain transmission, through the local post, without
prepayment of postage, of envelopes and cards addressed to himself which he may
distribute inclosed with advertising or other matter.

(2) A person desiring the facilities afforded by the Business Reply Envelope
and Card system must first obtain a permit from the Postmaster General.

(3) The fee for a permit shall be $65 and must be paid in advance. Every permit
will expire at the end of 1 year from date of issue but may be renewed for further
periods of 1 year at a time on payment of a fee of $65 in respect of each such
renewal. (L.N. 270175; L.N. 184181; L.N. 60185; L.N. 191188)

- (4) Complete printed proofs of the envelopes or cards must be forwarded to the
Postmaster General for approval and must conform in size, form and quality to the
conditions prescribed for letters and post cards of the local post and be printed in
black. The address side of the envelope or card should be printed strictly in
accordance with the specimen shown below and must not bear any other printings
or markings.





No. Postage
Postage Stamp
will be necessary
paid by if posted in
Addressee. Hong Kong.

BUSINESS REPLY CARD*
PERMIT NO. 60.

John Smith & Co.,
1 Chater Road,
Hong Kong.

* or Envelope.

(5) The postage due on such cards and envelopes transmitted to the permit-
holder will be calculated at prepaid rates applicable to such articles and will be
collected from him on delivery, together with a surcharge of 30 cents for each article
delivered. (L.N. 270175; L.N. 67178; L.N. 60185; L.N. 191188)

(6) Business reply envelopes and cards cannot be registered, insured or
marked for express delivery.

(7) Without prejudice to any other penalties prescribed in the Ordinance, the
permit will be liable to cancellation in the event of default in payment of postage due
on such cards and envelopes as are transmitted to the permit-holder through the
post.

24. (Repealed L.N. 270175)

25. If the Postmaster General is of the opinion that the delivery of telegrams and
postal articles cannot readily be effected at any place without danger to the officers
of the Post Office or because there are not at such place proper facilities for the
receipt of telegrams and postal articles, he may suspend delivery at such place for
such period as he may think fit upon giving notice of such suspension either by
leaving the same with any adult person at such place or by causing the same to be
inserted in a daily newspaper published in Hong Kong.

(1 of 1987 s. 8)

26. The sender of a parcel may be required to prove his identity and it shall be
lawful for the Postmaster General or any officer of the Post Office authorized in that
behalf to refuse a parcel the sender of which has after being so required failed to
submit such proof.





27. The sender of a parcel or of a small packet referred to in these regulations
addressed to a place outside Hong Kong must make a customs declaration stating
the full address, the nature, value and the net weight of the contents.

(1 of 1987 s. 8)

28. The issue of postage stamps for use under the Ordinance and the
withdrawal of postage stamps from such use shall be under the control and
management of the Postmaster General, and postage stamps so issued shall be of
such kinds and in such denominations as the Postmaster General may determine.

(31 of 1981 s. 65)

29. (1) The Postmaster General may issue a licence to any person in such form
as the Postmaster General may determine authorizing such person, subject to such
terms and conditions as the Postmaster General may specify in the licence, to use a
franking machine for the purpose of denoting prepayment of postage or the payment
of other fees payable by means of postage stamps or in respect of services provided
by the Postmaster General.

(2) No person shall use a franking machine for a purpose referred to in
subregulation (1) without a licence issued in respect thereof under this regulation or
otherwise than in accordance with the terms or conditions specified in such licence.

(3) The Postmaster General may cancel a licence issued under this regulation in
respect of a franking machine pursuant to the terms of the licence or if there are
reasonable grounds for believing that any person has used the franking machine in
contravention of subregulation (2).

(31 of 1981 s. 65)

30. (1) The Postmaster General may authorize the repurchase of postage stamps
(including postage stamps impressed on any material) in respect of which either of
the following conditions is satisfied

(a)the postage stamps were purchased solely for postal purposes and have
not been used for those or any other purposes; or

(b)the postage stamps have been inadvertently and undesignedly spoiled or
rendered unfit for use.

(2) There shall be payable in respect of the repurchase of postage stamps
under this regulation such commission as the Postmaster General may determine.

31. The sender of a parcel or a registered item may, on payment of a fee of $7,
request the Postmaster General to provide information on the delivery of that parcel
or that registered item.

(L.N. 191188)

32. The Postmaster General may redirect a postal packet on payment in
advance of the following fees by the addressee





Private Business
user user

(a) for a period not exceeding 3 months Free Free
(b) for each 12 months thereafter $130 S400
...............................(L.N. 191188)

33. The fee for express service for a postal packet shall be $5.
(L.N. 191188)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2434

Edition

1964

Volume

v7

Subsequent Cap No.

98

Number of Pages

10
]]>
Tue, 23 Aug 2011 18:07:05 +0800
<![CDATA[POST OFFICE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2433

Title

POST OFFICE ORDINANCE

Description






LAWS OF HONG KONG

POST OFFICE ORDINANCE

CHAPTER 98





CHAPTER 98

POST OFFICE ORDINANCE

ARRANGEMENT OF SECTIONS

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

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

3. Regulations .......................... ... ... ... ... ... ... ... ... 3
4. Rates of postage ..................... ... ... ... ... ... ... ... ... ... 4

5. Appointment of officers .................... ... ... ... ... ... ... 4

6. Exclusive privilege of Postmaster General ... ... ... ... ... ... 5

7. Exemption from liability ................... ... ... ... ... ... ... ... 6

8. Decision of Postmaster General as to classification of postal packets final ... 7

9. Discretion as to relative urgency .......... ... ... ... ... ... ... ... 7

10..............................Postal packets which cannot be dispatched or delivered ... ... ... ... ... 7

11....................................Postal packets posted by mistake or with wrong or deficient contents ... ... 7

12.........................Postal packets which contravene the law, etc . ... ... ... ... ... ... ... 7

13....................................Warrant of Chief Secretary for opening and delaying postal packets ... ... 7

14..................................Disposal of postal packets opened under section 10, 12 or 13 ... ... ... 8

15. Extension of sections 12, 13 and 14 to articles not transmissible by post ... ... 8
16. Masters of ships to deliver postal packets to Post Office without delay ... ... 8

17..................................Notice to be given to Postmaster General of departure of ships ... ... ... 8

18....................................Masters of ships to accept postal packets or mail bags for conveyance ... ... 9

19..................................Gratuities to masters of ships for conveyance of postal packets ... ... ... 9

20................................Damages for non-delivery of postal packets or mail bags ... ... ... ... 10

21.......................Liability for payment of postage, etc. ... ... ... ... ... ... ... ... 10

22.......................................Right to withhold postal packets from person refusing to pay postage, etc . ... 11

23..................Power of search and seizure ... ... ... ... ... ... ... ... ... ... 11

24. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer ... 12

25..............................Postal packets delivered at hotels, etc., and not claimed ... ... ... ... ... 12

26.....................Destruction of postal packets, etc . ... ... ... ... ... ... ... ... ... 12

27................Diversion of postal packets ... ... ... ... ... ... ... ... ... ... ... 12

28.....................Unlawful retention of postal packets ... ... ... ... ... ... ... ... ... 13
29.....................Unlawful opening, etc., of postal packets ... ... ... ... ... ... ... ... 13
30. Damaging, etc., letter boxes 13
31. Prohibition of imitation of certain marks, etc . 13

32. Prohibited articles ... ... ... ... ... ... ... ... ... ... ... ... ... 14







32A. Offences relating to postage stamps 15
32B. Power of magistrate in relation to stolen postage stamps ... ... ... ... ... 16
32C. Fraudulent practices relating to payment of postage ... ... ... ... ... 16
321). Bills for unordered goods and services 16
33. Offences by officers of the Post Office 1 17

34. Obstruction ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18
35. Laying of property ... ... ... ... ... ... ... ... ... ... ... ... ... 18
36. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18
37. Offences ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... is
38. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 19
39. Limitation of time ... ... ... ... ... ... ... ... ... ... ... ... ... 20





CHAPTER 98

POST OFFICE

To amend the law relating to the Post Office.

[1 July 1926.1

1. This Ordinance may he cited as the Post Office Ordinance.

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

'clubbed packet' means a packet containing a collection of Chinese
letters made up by any person not being an officer of the Post
Office and transmitted by post with a view to the letters inclosed in
such packet being delivered to more than one person through the
agent of the person by whom the packet was made up;

'contract ship' means any ship which is under contract with the
Postmaster General, or with Her Majesty's Postmaster General, or
with the postal authority of any British possession or British
protectorate, or with the postal authority of any foreign state which
is a member of the Universal Postal Union, for the conveyance of
mails, for more than one voyage;

'letter' includes every communication from one person or body of
persons to another person or body of persons, sent on any
material, by means of any words or other signs, however produced
on such material so sent;

'mail bag' means any bag, basket, box, parcel, or other envelope or
covering, in which postal articles in course of transmission by post
are conveyed, whether it does or does not contain any such postal
article;

'master of a ship' includes every person (except a pilot) having
command or charge of a ship;

'officer of the Post Office' includes the Postmaster General and every
other person employed in any business of the Postal Department or
on behalf of the Postal Department;

'person', except so far as relates to the imposition of the penalty of
imprisonment, includes a body corporate and a firm;

'Post Office' includes every house, building, room, vessel, carriage and
place used for the purposes of the Postal Department, and every
post office letter box;





'post office letter box' includes every pillar box and wall box and every
other box or receptacle provided by or under the authority of the
Postmaster General for the purpose of receiving postal articles for
transmission by or under the authority of the Postmaster General;

'postage stamp' means any label or stamp for denoting any rate of
postage payable in respect of postal articles, and includes adhesive
postage stamps and stamps printed, embossed, impressed or
otherwise indicated on any envelope, wrapper, postcard or other
article, whether such postage stamp is issued under this Ordinance
or by Her Majesty's Postmaster General or by the government of
any British possession or foreign country;

'postal article' includes everything which is transmissible by post;

'postal packet' means a postal article, or a collection of postal articles,
which is in course of transmission by post as one postal unit;

'Postmaster General means, unless Her Majesty's Postmaster General is
indicated, the Postmaster General of Hong Kong, and includes
every assistant postmaster general; (Amended, 1 of 1987, s. 8)

',ship' includes every description of vessel used in navigation and
every description of aircraft.

(2) For the purposes of this Ordinance-

(a)a postal article shall be deemed to be in course of transmission
by post from the time of its being duly delivered to a post
office to the time of its being delivered to the addressee or its
being returned to the sender or otherwise disposed of under
the provisions of this Ordinance;

(b)the placing of a postal article in any receiving box for the
deposit of postal articles or the delivery of an article to an
officer of the post office in the course of his duties shall be
deemed to be delivery to a post office; and

(c)the following shall be deemed to be delivery of a postal packet
to the addressee

(i) delivery according to the usual manner of delivering
postal packets to the addressee; or

(ii) delivery at the house or office of the addressee; or

(iii) delivery to the addressee or to his servant or agent or
other person having authority to receive such packet; or

(iv) when the addressee is a guest and is resident at an
hotel, delivery to the proprietor or manager thereof or to his
agent.

3. The Governor in Council may by regulation provide for any of
the following matters





(a) cash on delivery parcels;

(b) compensation for loss of or damage to postal packets;

(c) fines for insufficient postage;

(d) gratuities for the conveyance of postal packets by sea;

(e) insurance of postal packets;

(f) late fees;

(g)limitations of the form, size, weight and contents of postal
packets;

(h)money orders, telegraph money orders, postal orders and
postal notes;

(i) parcels;

(j) payment of postage;

(k) postal notes and postal orders;

(1) private boxes;

(m) private travelling letter boxes;

(n) prohibited articles and their treatment and disposal;

(o) registration;

(p) stamps, reply coupons, and stamped postal stationery;

(q) undelivered postal articles;

(r)the prescribing of any fees which may appear to the
Governor in Council to be desirable in connexion with the
maintenance of a postal service;

(s)any other matters in respect of which it may appear to the
Governor in Council to be desirable to make regulations
for the purpose of the maintenance of a postal service.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

4. (1) The Postmaster General may subject to any direction
of the Governor in Council determine the rates of postage to be
charged on postal articles and the rates for the time being in force
shall be exhibited and kept exhibited at the Post Office.

(2) The Governor in Council may at any time by order revise
any rates of postage determined by the Postmaster General and such
revised rates shall come into operation as from the notification of
such order in the Gazette.
4A (Replaced, 52 of 1948, s. 2)

5. It shall be lawful for the Governor to appoint a Postmaster
General and such other officers of the Post Office as he may think fit.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)





6. (1) The Postmaster General, by himself or by the officers of the
Post Office, shall have the exclusive privilege of

(a)conveying letters from one place to another within Hong
Kong;

(b)sending letters out of Hong Kong for delivery outside Hong
Kong;

(c)receiving letters brought into Hong Kong for delivery in Hong
Kong; and

(d)receiving letters brought into Hong Kong for transmission to
some place outside Hong Kong, other than letters contained in
mail bags passing through the waters of Hong Kong without
transhipment,

and shall also have the exclusive privilege of performing all the
incidental services of receiving, collecting, sending, dispatching and
delivering all such letters, except in the following cases

(i)letters not exceeding 3 in number sent by a private friend on
his way, journey or travel, provided that such letters are
delivered by that friend to the person or persons to whom they
are directed, without hire, reward or other profit or advantage
for receiving, carrying or delivering them;

(ii) letters concerning the affairs of the sender or receiver thereof
sent by a messenger employed for that purpose;

(iii)letters solely concerning particular goods, sent by the same
vessel as the goods, to be delivered with the goods, without
hire, reward or other profit or advantage for receiving, carrying
or delivering such letters, provided that such letters are open
to inspection and have superscribed thereon the words
'Consignee's letter' or other words to the same effect;

(iv) telegrams sent out by any telegraph company; and

(v) letters of merchants, owners of vessels or aircraft of
merchandise, or the cargo or loading therein, sent by those
vessels or aircraft of merchandise or by any person employed
by those owners for the carriage of those letters, according to
their respective directions, and delivered to the respective
persons to whom they are directed, without paying or
receiving hire or reward, advantage or profit for the same in
anywise. (Added, 22 of 1940, s. 2)

(2) Notwithstanding anything contained in subsection (1), it shall
be lawful for any person licensed by the Postmaster General to collect
letters for transmission to China through the Post Office, and to receive
clubbed packets from China through the Post Office, subject to the
provisions of any regulations made under this Ordinance and subject to
the conditions of his licence.

(3) Subject to the exemptions from the Postmaster General's
exclusive privilege which are contained in subsections (1) and (2), no
person shall





(a)collect any letters with a view to the delivery of such letters
anywhere otherwise than through the post; or

(b)have in his possession any letter with a view to the delivery of
such letter anywhere otherwise than through the post; or

(c)send any letter out of Hong Kong otherwise than through the
post; or

(d)without lawful authority or excuse bring any letter into Hong
Kong with a view to the delivery of such letter anywhere; or

(e)without lawful authority or excuse have in his possession any
letter brought into Hong Kong, or delivered, otherwise than
through the post.

(4) No person shall in any other way infringe the exclusive privilege
of the Postmaster General.

(5) It shall be lawful for the Governor in Council to order that the
provisions of this section shall also apply to any particular kind or kinds
of postal article other than letters, subject to such exceptions and
conditions (if any) as the Governor in Council may think fit.

(Amended, 1 of 1987, s. 8)

7. (1) The Government shall not incur any liability by reason of the
loss, non-delivery, misdelivery or delay of any postal packet, or by
reason of any damage to any postal packet, whether registered or not.

(2) No officer of the Post Office shall incur any liability by reason of
such loss, non-delivery, misdelivery, delay or damage, except in the case
of fraud or wilful misbehaviour.

(3) Neither the Government nor any officer of the Post Office shall
incur any liability for the loss, non-delivery, misdelivery or delay of, or
damage to, any postal article, whether registered or not, caused by the
act or default of any person licensed in accordance with subsection (2)
of section 6, or caused by the act or default of any servant or agent of
any such licensed person.

(4) Once a money order, telegraph money order, postal order or
postal note has been paid to any person by an officer of the Post Office
or by an officer of any other postal authority, British or foreign, all
liability of the Government in respect of such money order, telegraph
money order, postal order or postal note shall cease and determine, and,
except in the case of fraud or wilful misbehaviour, no officer of the Post
Office shall, after such payment, be liable in respect of such money
order, telegraph money order, postal order or postal note.





8. The decision of the Postmaster General as to whether any
postal packet is or contains a circular, a letter, a newspaper, a parcel,
a postcard, a printed paper or literature for the blind, and any other
decision of the Postmaster General as to the classification of any
postal article, shall be final for all purposes.
(Amended, 34 of 1971, s. 2)

9. It shall be lawful for the Postmaster General in his discre-
tion to decide any question as to the relative urgency of particular
mails or particular classes of postal packets and to postpone the
delivery or dispatch of any mails or postal packets to the delivery or
dispatch of any more urgent mails or postal packets.

10. It shall be lawful for any officer of the Post Office to
open-

(a)any postal packet upon which the prepayment of postage is
compulsory and upon which the proper postage has not
been paid; and

(b)any postal packet which is returned to the Post Office
for want of a proper address or from inability to find
the person to whom it is addressed or because the
addressee refuses to accept it, or which in the opinion of
the Postmaster General cannot for any other reason be
delivered.

11. When any postal packet has been posted by mistake, or
has been posted with wrong or deficient contents, it shall be lawful
for the Postmaster General in his discretion to return such postal
packet to the sender on payment of such fee (if any) as may be
prescribed by regulation made under this Ordinance.

12. If the Postmaster General has reason to believe that any
postal packet has been posted or sent by post in contravention of
this Ordinance or of any regulation made thereunder, or that any
postal packet whatsoever contains anything which may not legally
be sent by post, or contains anything with respect to which or by
means of which any offence whatsoever has been or is being
committed or attempted, or contains any dutiable article, it shall be
lawful for him to open such postal packet and to delay such postal
packet and its contents.

13. (1) It shall be lawful for the Chief Secretary to grant a
warrant authorizing the Postmaster General, or authorizing any or
all the officers of the Post Office, to open and delay any specified
postal packet or all postal packets of any specified class or all postal
packets whatsoever.

(2) It shall be lawful for the Postmaster General to delay any
postal packet for such time as may reasonably be necessary for the
purpose of obtaining a warrant under this section.





14. Any postal packet opened under the authority of section
10, 12 or 13, and the contents of any such postal packet, shall,
subject to the provisions of section 32(5) and subject to any
regulations made under this Ordinance, be dealt with in accordance
with the following provisions-

(a)if the Governor gives any direction as to how any such
postal packet or its contents or any of its contents shall be
dealt with, such postal packet and contents shall be dealt
with according to such direction;

(b)subject to any direction of the Governor, if such postal
packet or any of its contents is required for the purpose
of any pending or contemplated criminal or forfeiture
proceedings whatsoever, such postal packet or contents
shall be retained by the proper officer so long as may
reasonably be necessary for the purpose of such pending
or contemplated proceedings;

(c)subject to any direction of the Governor, if such postal
packet and its contents are not required, or are no longer
required, for any criminal or forfeiture proceedings and if
the postal packet and its contents can, and may lawfully,
be forwarded or delivered to the addressee, the postal
packet and its contents shall be so forwarded or delivered;

(d)subject to any direction of the Governor, if such postal
packet cannot, or may not lawfully, be forwarded or
delivered to the addressee or if there is no addressee, such
postal article and its contents shall if possible be returned
to the sender.

15. The provisions of sections 12, 13 and 14 shall extend also
to all articles tendered to or received by the Post Office for transmis-
sion by post or delivery, and to the contents of all such articles,
whether such articles or contents be transmissible by post or not.

16. Every master of a ship having on board any postal packets
which are within the exclusive privilege conferred on the Postmaster
General by or under section 6, or any postal packets which have
been received by him for delivery to the Postmaster General, shall,
immediately upon the arrival of such ship in Hong Kong and before
reporting at the Marine Department, deliver all such postal packets
at the General Post Office or to some officer of the Post Office or other
person authorized by the Postmaster General to receive the same.
(Amended, 1 of 1987, s. 8)

17. (1) Every owner of a ship, other than a ship plying daily
or on fixed days to Macao or to any place on the Canton River or
West River, proposing to dispatch such ship from Hong Kong to any
place outside Hong Kong, shall give reasonable notice in writing to
the Postmaster General of the day and hour of the intended
departure of such ship, of the berth at which such ship is lying and of





the places at which such ship is to call, and shall give immediate
notice in writing to the Postmaster General of any alteration in the
day or hour of departure or of the berth or of the places of call.

(2) If the ship is on charter the notice shall be given by the
charterer.

(3) Notice by an agent shall be deemed also to be notice by the
owner or charterer, as the case may be.

(4) If the owner or charterer is not in Hong Kong the
obligation to give notice shall lie on his agents.

(5) Reasonable notice in writing shall be given to the
Postmaster General of every alteration of the hour of departure of
any ship plying daily or on fixed days to Macao or to any place on
the Canton River or West River. The obligation to give such notice
shall lie on the person on whom it would have lain if the ship had
not been within the exception specified in subsection (1).

(6) In general a notice shall not be deemed to be reasonable for
the purposes of this section unless it is given in time to enable the
Postmaster General to inform the public by notice in the public press
of the day and hour for closing the mails by the ship in question.
(Amended, 1 of 1987, s. 8)

18. Every master of a ship (not being or having the status of a
ship of war) about to depart from Hong Kong to any place outside
Hong Kong shall receive on board any postal packets or mail bags
tendered to him by any officer of the Post Office for conveyance and
shall give a receipt therefor in such form as the Postmaster General
prescribes.
(Amended, 1 of 1987, s. 8)

19. (1) It shall be lawful for the Postmaster General to pay to
the masters of ships, not being Government or contract ships, for the
conveyance of postal packets, gratuities at such rates as may be
prescribed in any regulations made under this Ordinance.

(2) Before payment is made the Postmaster General may
require the master of any ship by which any postal packets have
been conveyed to produce a certificate from the post office of
destination that such postal packets have been duly received from
him.

(3) No gratuity shall be payable-

(a)unless application be made for payment within 12 months
of the receipt by the master of the ship of the postal packets
in respect of which the gratuity is claimed; or

(b)if there has been unreasonable delay on the part of the
master in delivering the postal packets at the post office of
destination; or





(c)if any of the postal packets have been damaged in transit,
unless the master proves to the satisfaction of the Postmaster
General that such damage was not due to any fault or lack of
sufficient care on his part.

(4) If the master of any vessel satisfies the Postmaster General that
he will not return to Hong Kong within the 12 months prescribed by
subsection (3)(a), it shall be lawful for the Postmaster General to pay a
gratuity in advance. (Amended, 1 of 1987, s. 8)

20. Every master of a ship to whom any postal packets are delivered
under section 18 shall be deemed to contract with the Postmaster
General that, in consideration of the gratuity payable in respect of such
postal packets, he will duly deliver the said postal packets to the postal
authority to whom the same are addressed immediately on his arrival in
any port, without wilful or avoidable delay, and that if he fails in any
respect to perform such contract he will pay to the Postmaster General
the sum of $ 10,000 as liquidated damages for the breach thereof.

(Amended, 1 of 1987, s. 2)

21. (1) Save where the Postmaster General otherwise permits, the
postage chargeable on every postal packet posted in Hong Kong, except
a letter, shall be prepaid in full. (Amended, 1 of 1987,s.3)

(2) It shall be lawful for the Postmaster General to refuse to receive
any postal packets, including letters, tendered for posting, unless the
postage and any other sum chargeable thereon has been fully prepaid.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

(3) Where the postage on any postal packet is required to be
prepaid and has not been prepaid or has not been fully prepaid, there
shall be chargeable upon such postal packet such surcharge as may be
prescribed in regulations made by the Governor in Council. (Replaced,
81 of 1975, s. 2. Amended, 1 of 1987, s. 3)

(4) Where a postal packet has been posted in Hong Kong and is
addressed to an addressee in Hong Kong and the postage or any other
sum chargeable on such postal packet is required to be prepaid and has
not been paid or has not been fully paid, payment under this section
shall be made (Amended, 81 of 1975, s. 2 and 1 of 1987,s.3)

(a)by the addressee, upon delivery of the postal packet to him,
unless he refuses to accept delivery or returns the postal
packet forthwith unopened;

(b)by the sender, upon demand by the Postmaster General, if the
addressee refuses to accept delivery or returns the postal
packet forthwith unopened, or if the addressee is dead or
cannot be found, or if the Postmaster General is of opinion that
such postage or sum or deficiency should be paid by the
sender and not by the addressee.





(5) Where a postal packet has been posted in Hong Kong and is
addressed to an addressee outside Hong Kong and the postage or any
other sum chargeable on such postal packet has not been paid or has
not been fully paid, payment under this section shall be due from the
sender upon demand by the Postmaster General, if the postal packet is
returned by the office of destination as undeliverable. (Amended, 81 of
1975, s. 2)

(6) Where a postal packet has been posted outside Hong Kong and
is addressed to an addressee in Hong Kong and the postage or any
other sum chargeable on such postal packet has not been fully paid,
payment under this section shall be due from the addressee upon the
postal packet being tendered for delivery to him, unless the Postmaster
General is of opinion that such postage or sum or deficiency should be
paid by the sender. (Amended, 81 of 1975,s.2)

(Amended, 1 of 1987, s. 8)

22. If any person refuses or neglects to pay any postage or other
sum which he is legally bound to pay in respect of any postal packet,
the Postmaster General may withhold from such person any postal
packet whatsoever addressed to him, not being on Her Majesty's
service, until such postage or other sum has been paid.

23. (1) It shall be lawful for any public officer who may, either
generally or in a particular case, be authorized in writing by the
Postmaster General in that behalf to search for, seize, remove and detain
any postal article in respect of which such public officer may have
reason to believe that any offence against this Ordinance has been
committed.

(2) Such officer may, with or without assistance, if necessary-

(a)break open any outer or inner door of any house, building or
place and enter thereinto;

(b)forcibly board and enter any ship (not being or having the
status of a ship of war) and every part thereof;

(e)search any person found in such house, building or place, or
on board such ship:

Provided that no female person shall be searched except
by a female;

(d)remove by force any material obstruction to, or any person
obstructing, any such entry, search, seizure, removal and
detention as he is empowered to effect; and

(e)open and examine any postal article found in such house,
building or place, or on board such ship.

(3) No person shall delay or obstruct any entry, search, seizure,
removal or detention which is authorized by this Ordinance.

(4) It shall be lawful for any public officer who in the execution of
his duty discovers any postal article in respect of which he





may have reason to believe that any offence whatsoever has been
or is about to be committed to seize and detain any such postal
article. (Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

24. (1) Where an officer of the Post Office vacates his office
(whether by reason of dismissal, resignation, death or otherwise) he,
or if he is dead his personal representative and any person in
possession of his effects, shall deliver to the Postmaster General all
articles (whether uniform, accoutrements, appointments or other
necessaries) which were issued to such officer for the execution of his
duty and are not or were not the property of that officer, and shall
deliver the articles in good order and condition, fair wear and tear
only excepted.
(2) Every person who fails to comply with the provisions of
this section shall, in lieu of or in addition to any fine which may
be imposed upon him, be also liable to pay such sum not exceeding
$2,000 as a magistrate may determine to be the value of the
articles not delivered, or if the articles have been delivered but
not in good order and condition, of the damage done to the
articles. (Amended, 1 of 1987, s. 4)
(3) Any justice of the peace may issue a warrant by virtue of
which a police officer may search for and seize any articles not
delivered as required by this section, in like manner as if they were
stolen goods and the warrant were a warrant to search for stolen
goods.

25. (1) If any postal packet addressed to any person at any
hotel, boarding-house or shipping office, and delivered at such hotel,
boarding-house or shipping office, is not claimed by or forwarded to
the addressee within the respective periods specified in subsection
(2), the person in charge of such hotel, boarding-house or shipping
office shall forthwith return the postal packet to the Postmaster
General, and the postal packet shall thereupon be treated as a postal
packet which has been returned to the Post Office from inability to
find the person to whom it is addressed.
(2) The respective times referred to in subsection (1) shall be
2 weeks in the case of a postal packet posted in Hong Kong and
2 months in the case of a postal packet posted in any place outside
Hong Kong: (Amended, 1 of 1987, s. 8)
Provided that the Postmaster General may from time to time
extend either of these periods as he may think fit in any particular
case.

26. No person shall destroy any mail bag or postal packet or
anything contained in or forming part of any mail bag or postal
packet.
(Replaced, 21 of 1970, Second Schedule)

27. No person shall wilfully open any postal packet addressed
to some other person, which is in course of transmission by post or
which has been transmitted by post, or do anything whereby the due





delivery of any postal packet addressed to some other person, which
is in course of transmission by post or which has been transmitted by
post, is prevented or delayed or impeded, either with intent to injure
such other person or with intent to obtain some benefit for himself.

28. No person shall fraudulently retain, or wilfully secrete or
keep or detain, or when required by an officer of the Post Office
neglect or refuse to deliver up-

(a)any postal packet or any mail bag which ought to have
been delivered to any other person; or

(b)any postal packet or any mail bag which has been found by
him or by any other person. (Amended, 33 of 1939, Supp.
Schedule, G.N. 840140)

29. No person shall without lawful authority or excuse-

(a)open any postal packet or take any of the contents out of
any postal packet; or

(b) open any mail bag or take any postal packet or any of the
contents of any postal packet out of any mail bag; or

(c)have in his possession any postal packet or mail bag or any
of the contents of any postal packet or mail bag; or

(d) delay any postal packet or mail bag.

30. No person shall place in or against any post office letter
box any fire, match, light or fluid, or any explosive, dangerous,
filthy, noxious or deleterious substance, or injure or disfigure or do
anything likely to injure or disfigure any post office letter box or any
of its contents.

31. (1) No person shall without lawful authority make on any
envelope, wrapper, card, form or paper, for the purpose of being
sent by post or of being otherwise used, any word, letter or mark, in
imitation of or similar to or purporting to be, any word, letter or
mark used by any postal authority, British or foreign, or any word,
letter or mark which signifies or implies, or might reasonably lead
the recipient thereof to believe, that the postal packet bearing such
word, letter or mark is sent on Her Majesty's service.

(2) No person shall without lawful authority or excuse make
any envelope, wrapper, card, form or paper in imitation of, or
similar to or purporting to be, an envelope, wrapper, card, form or
paper issued by or under the authority of any postal authority,
British or foreign.

(3) No person shall without lawful authority or excuse have
in his possession any envelope, wrapper, card, form or paper the
making of which is prohibited by this section, or upon which there
appears any word, letter or mark the making of which is prohibited
by this section.





32. (1) No person shall post, tender for posting or send by

post

(a)any postal packet consisting of or containing anything which
might expose postal officials to danger or which might soil or
damage any other postal packet;

(b) any explosive, inflammable or dangerous substance;

(c)any animal or insect, live or dead, except as provided for in
any regulations made under this Ordinance;

(d) [Deleted, 34 of 1971, s. 31

(e)any opium or any other drug to which the Dangerous Drugs
Ordinance applies; (Amended, 33 of 1939, Supp. Schedule,
G.N. 840140. See, 2 of 1946, Schedule I, Proc. No. 13)

(f)any obscene, immoral, indecent, offensive or libellous writing,
picture or other thing;

(g)anything whatsoever of which the importation or circulation is
forbidden in Hong Kong or in the country of destination
(provided that such country is included in the Universal Postal
Union); (Amended, 1 of 1987, s. 8)

(h)any seditious publication within the meaning of any enactment
relating to sedition; (Replaced, 33 of 1939, Supp. Schedule,
G.N. 840140)

(i)any postal packet which without lawful authority or excuse
contains or bears any imitation or representation of any
postage stamp, British or foreign;

(j)any postal packet which purports to be prepaid with any
postage stamp which in fact has been used or appears to have
been used to prepay any other postal article;

(k)any imitation of any envelope, wrapper, card, form or
document issued by any postal authority, British or foreign;

(1)any postal packet bearing any imitation of any words, letters
or other marks used by any postal authority, British or foreign;

(m)any postal packet bearing without lawful authority any words,
letters or other marks calculated to convey the impression that
such postal packet has been sent on Her Majesty's service;

(n) any lottery tickets or any document relating to any lottery;

(o) coin or gold or silver bullion; or

(p)anything the sending of which by post is prohibited by any
regulation made under this or any other Ordinance.





(2) No person shall post or tender for posting or send by post,
in any particular kind of postal packet, anything if the sending of
such thing by post in that kind of postal packet is prohibited by any
regulation made under this Ordinance.

(3) The importation by post of anything which is prohibited to
be sent by post is prohibited.

(4) [Deleted, 1 of 1987, s. 51

(5) If any postal packet received by the Post Office from
outside Hong Kong for delivery in Hong Kong contains anything
the sending of which by post is prohibited by or under this
Ordinance, it shall be lawful for a magistrate, upon such notice to
the addressee as he may think reasonable, to order that such thing be
forfeited to the Crown, and anything so forfeited shall be dealt with
in such way as the Governor may direct. (Amended, 1 of 1987, s. 8)

(6) It shall be lawful for the Postmaster General to refuse to
receive in the post or to refuse to forward anything which, by reason
of its nature, contents or form or for any other reason, is not in
accordance with any departmental rules made or adopted by him or
any departmental practice followed in the Post Office.

32A. Any person who-

(a)fraudulently prints or impresses upon or affixes to any
material any postage stamp;

(b)knowingly sells or offers or exposes for sale or utters
or uses any postage stamp which has been fraudulently
printed or impressed;

(c)fraudulently mutilates any postage stamp, with intent that
any use may be made of any part of such postage stamp;

(d)fraudulently cuts, tears or in any way removes from any
material any postage stamp, with intent that any use may
be made of such postage stamp or any part thereof;

(e)fraudulently affixes to or places upon any material any
postage stamp or part of a postage stamp which, whether
fraudulently or not, has been cut, torn or in any way
removed from any material or out of or from any other
postage stamp;

(f)fraudulently adds to, erases or otherwise either really or
apparently removes from any postage stamp any name,
sum, date or other matter or thing whatsoever, with intent
that any use may be made of such postage stamp;

(g)wilfully removes or attempts to remove from any postage
stamp any cancelling marks thereon;





(h)knowingly sells or offers or exposes for sale or utters or uses
any postage stamp from which cancelling marks have been
wholly or partially removed;

(i)knowingly sells or offers or exposes for sale or utters any
postage stamp which has been fraudulently removed from any
material;

(j)knowingly, and without lawful excuse, has in his possession
any postage stamp which has been fraudulently printed or
impressed upon or affixed to any material, or any postage
stamp which has been fraudulently mutilated, or any postage
stamp or part of a postage stamp which has been fraudulently
cut, torn or in any way removed from any material, or any
postage stamp to or from which any name, sum, date or other
matter or thing has been fraudulently added, erased or
otherwise either really or apparently removed, or any postage
stamp from which cancelling marks have been wholly or
partially removed,

commits an offence and is liable to imprisonment for 7 years.

(Added, 31 of 1981, s. 65)

32B. (1) If it appears to a magistrate upon the oath of any person
that there is reason to believe that any postage stamps have been stolen
or fraudulently obtained and are on any premises, the magistrate may
issue a warrant authorizing a police officer to enter such premises and to
search the same and any person found thereon and to seize and take
away any such postage stamps found on such premises or such person,
and to arrest any person found on such premises in whose possession
or custody such postage stamps are found; and if any such person does
not satisfactorily account to a magistrate for his possession or custody
of such postage stamps or it appears to the magistrate that such postage
stamps were not lawfully obtained by him such postage stamps shall be
forfeited and delivered up to the Postmaster General.

(2) Where postage stamps are seized under a warrant issued under
subsection (1), the police officer authorized by the warrant shall, if
required, give to any person in whose possession or custody such
postage stamps are found a written acknowledgement of the number,
particulars and value of such postage stamps and permit such postage
stamps to be marked before their removal.

(Added, 31 of 1981, s. 65)

32C. No person shall practise or be concemed in any fraudulent act,
contrivance or device with intent to defraud the Government in respect
of the payment of postage.

(Added, 31 of 1981, s. 65)

32D. (1) No person shall post or tender for posting or send by post,
any bill, invoice or statement of account due (or any document which
could reasonably be considered to be or has the





appearance of a bill, invoice or statement of account due) in respect
of goods or services which have not been ordered or requested by the
addressee, unless the following notice, or a notice to the like effect,
in block letters and Chinese characters appears prominently and
legibly on its face-

'THIS IS NOT A DEMAND FOR PAYMENT
THERE IS NO OBLIGATION TO PAY
THIS IS NOT A BILL

(2) The notice referred to in subsection (1) shall be in writing
that is-

(a) bolder than any other writing on the page; and

(b)not smaller than the largest letter or character, as the case
may be, of any other writing on the page.

(3) Any person who, without reasonable excuse, contravenes
subsection (1) shall be liable to a fine of $100,000 and to imprison-
ment for 3 years.
(Added, 1 of 1987, s. 6)

33. (1) No officer of the Post Office shall-

(a)wilfully deliver any mail bag or postal packet to any person
other than the person to whom such mail bag or postal
packet ought to be delivered;

(b) issue any money order with a fraudulent intent;

(e)reissue a money order or postal order or postal note
previously paid;

(d)wilfully pay any money order or postal order or postal
note to any person other than the person to whom such
money order or postal order or postal note should be paid;

(e)wilfully or negligently endanger the safety of any mail bag
or postal packet;

fraudulently put any wrong official mark on any mail bag
or postal packet;

(g)fraudulently alter, remove or cause to disappear any
official mark which is on any mail bag or postal packet;

(h)being entrusted with the delivery of any postal packet,
knowingly demand or receive any sum of money in respect
of the postage thereof which is not chargeable under this
Ordinance;

(i)being entrusted with the preparing or keeping of any
document, fraudulently prepare such document incorrectly
or alter or secrete or destroy such document;





(j)send by post or put into any mail bag any postal packet upon
which the postage has not been paid or charged in the
prescribed manner, with intent thereby to defraud the
Government of the postage payable on such packet;

(k)be guilty of any act or default or negligence by means of
which the safety of any mail bag or postal packet is or might
be endangered or by means of which the prompt handling of
any mail bag or postal packet is or might be impeded;

(1)be absent from duty without leave and without lawful
authority or excuse.

(2) Nothing in this section shall be construed as making or as
tending to make any other section of this Ordinance inapplicable in the
case of officers of the Post Office.

34. No person shall obstruct any officer of the Post Office in the
execution of his duty.

35. In any prosecution under this Ordinance in respect of any mail
bag or postal packet or anything which was contained in or formed part
of any mail bag or postal packet, it shall be sufficient to allege such mail
bag or postal packet or thing to be the property of the Postmaster
General without mentioning his name.

36. (1) In any proceeding for the recovery of any postage or other
sum alleged to be due under this Ordinance in respect of any postal
packet and in any prosecution under this Ordinance

(a)the production of a postal article having thereon what appears
to be any official mark of any postal authority, British or
foreign, shall until the contrary is proved be prima facie
evidence of any fact stated in or indicated by such mark;

(b)the person from whom any postal article purports to have
come shall until the contrary is proved be deemed to be the
sender thereof; and

(e)any statement contained in any document produced from the
custody of the Postmaster General which purports to be made
by any postal authority, British or foreign, shall be admissible
in evidence and shall until the contrary is proved be deemed to
be true.

(2) In any proceedings for an offence under section 27 of this
Ordinance, section 29(4) of the Theft Ordinance shall apply as it is
expressed to apply to proceedings for the theft of anything in the course
of transmission. (Added, 21 of 1970, Second Schedule)

37. (1) Every person who
(a)acts in contravention of or fails to comply with any provision
of this Ordinance or of any regulation made thereunder; or





(b)acts in contravention of or fails to comply with any condition
of any licence issued under this Ordinance or under any
regulation made thereunder; or

(c)attempts to commit an offence against this Ordinance, or
solicits or incites another person to commit any such offence
or attempts to solicit or incite another person to commit any
such offence, or aids, abets, counsels or procures the
commission of any such offence,

shall be deemed to commit an offence against this Ordinance.

(2) Where the person convicted of an offence under this Ordinance
is a company or other body corporate, the chairman and every director
and every officer concerned in the management of the company or other
body corporate shall, unless he proves that the act or omission
constituting the offence took place without his knowledge and consent,
be guilty of the like offence and shall notwithstanding the provisions of
section 2(1) be liable to all the penalties and consequences to which a
natural person is liable upon conviction of the said offence.

(3) Where the person convicted of an offence under this Ordinance
is a firm, every partner in the firm and every person concerned in the
management of the firm shall, unless he proves that the act or omission
constituting the offence occurred without his knowledge and consent,
be guilty of the like offence and shall notwithstanding the provisions of
section 2(1) be liable to all the penalties and consequences to which a
natural person is liable upon conviction of the said offence.

38. (1) Every person who contravenes any of the provisions of any
of the sections specified in the first column of the following table shall
be liable to the penalty or penalties specified in the corresponding
entries in the second and third columns of the said table, and when
penalties are specified in both the second and the third columns of the
said table the penalty specified in the third column may be imposed in
addition to that specified in the second column.

Section Maximum Maximum term of

fine imprisonment

16 $10,000 -
17 $10,000 -
18 $10,000 -
24 $ 2,000 -
26 - 7 years
28 2 years
29 - 2 years
313 $10,000 2 years

(Amended, 21 of 19 70, Second Schedule and 1 of 198 7, s. 7)

(2) Where a term of imprisonment is specified in the third column of
the above table, such imprisonment may be imposed





either without any fine being imposed or in addition to any fine if
the offence is one which according to the said table is punishable
also by a fine.

(3) Any person who commits any offence against this Ordin-
ance for which no penalty is otherwise provided shall be liable to a
fine of $500 and to imprisonment for 6 months.

(4) Any offence against this Ordinance may be prosecuted
either summarily or on indictment:

Provided that nothing in this subsection shall empower a
magistrate to impose a longer term of imprisonment than 6 months
for any one offence.

(5) If any act or default is a contravention of more than one of
the said sections or subsections, the offender may be prosecuted,
convicted and punished under any one of the said sections or
subsections.

(6) In the case of a conviction involving a fine the court or
magistrate inflicting such fine may direct, on the application of the
Postmaster General or other officer conducting the prosecution, that
any part not exceeding one half thereof shall be paid to any person
who has given such information as has led to the conviction of the
offender or offenders, or, if there are more than one such person,
may direct such part to be divided amongst them in such proportion
as the court or magistrate may direct. (Added, 9 of 1941, s. 2)

39. Notwithstanding the provisions of any enactment which
prescribes the time within which proceedings for an offence punish-
able upon a summary conviction may be commenced, any summary
proceedings for an offence under this Ordinance may be commenced
within one year after the offence was committed.
Originally 7 of 1926. (Cap. 98, 1950 Ed.) 33 of 1939. 22 of 1940. 9 of 1941. 52 of 1948. 21 of 1970. 34 of 1971. 81 of 1975. 31 of 1981. 1 of 1987. Short title. Interpretation. 1908 c. 48, s. 89. 1908 c. 48, s. 89. 1908 c. 48, s. 89. [cf. S. 37(2), (3).] 1908 c. 48, s. 89. 1908 c. 48, s. 89. 1908 c. 48, s. 90. Regulations. Rates of postage. Appointment of officers. Exclusive privilege of Postmaster General. 1908 c. 48, ss. 30 & 34(2). Exemption from liability. 1908 c. 48, ss. 13 & 23. Decision of Postmaster General as to classification of postal packets final. 1908 c. 48, s. 19. Discretion as to relative urgency. 1908 c. 48, s. 15. Postal packets which cannot be dispatched or delivered. Postal packets posted by mistake or with wrong or deficient contents. Postal packets which contravene the law, etc. 1908 c. 48, ss. 17 & 18. Warrant of Chief Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12 or 13. 1908 c. 48, ss. 17 & 18. Extension of sections 12, 13 and 14 to articles not transmissible by post. Masters of ships to deliver postal packets to Post Office without delay. 1908 c. 48, s. 27. Notice to be given to Postmaster General of departure of ships. Masters of ships to accept postal packets or mail bags for conveyance. 1908 c. 48, s. 26. Gratuities to masters of ships for conveyance of postal packets. 1908 c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, ect. 1908 c. 48, s. 3. Right to withhold postal packets from person refusing to pay postage, etc. Power of search and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 1908 c. 48, s. 44. Postal packets delivered at hotels, etc., and not claimed. Destruction of postal packets, etc. [cf. 1953 c. 36, s. 57. 1968 c. 60 Sch. 2, Pt. I, para. 6.] Diversion of postal packets. 1908 c. 48, ss. 54 & 56. Unlawful retention of postal packets. 1908 c. 48, s. 53. Unlawful opening, etc., of postal packets. 1908 c. 48, ss. 51 & 56. Damaging, etc., letter boxes. 1908 c. 48, ss. 61 & 62. Prohibition of imitation of certain marks, etc. 1908 c. 48, s. 64. Prohibited articles. 1908 c. 48, s. 63. (Cap. 134.) Offences relating to postage stamps. Power of magistrate in relation to stolen postage stamps. Fraudulent practices relating to payment of postage. Bills for unordered goods and services. Offences by officers of the Post Office. 1908 c. 48, s. 58. Obstruction. 1908 c. 48, s. 67. Laying of property. 1908 c. 48, s. 73. Evidence. 1908 c. 48, ss. 8 & 9. 1968 c. 60, Sch. 2, Pt. I, para. 11. (Cap. 210.) Offences. 1908 c. 48, s. 69. Penalties. Limitation of time.

Abstract

Originally 7 of 1926. (Cap. 98, 1950 Ed.) 33 of 1939. 22 of 1940. 9 of 1941. 52 of 1948. 21 of 1970. 34 of 1971. 81 of 1975. 31 of 1981. 1 of 1987. Short title. Interpretation. 1908 c. 48, s. 89. 1908 c. 48, s. 89. 1908 c. 48, s. 89. [cf. S. 37(2), (3).] 1908 c. 48, s. 89. 1908 c. 48, s. 89. 1908 c. 48, s. 90. Regulations. Rates of postage. Appointment of officers. Exclusive privilege of Postmaster General. 1908 c. 48, ss. 30 & 34(2). Exemption from liability. 1908 c. 48, ss. 13 & 23. Decision of Postmaster General as to classification of postal packets final. 1908 c. 48, s. 19. Discretion as to relative urgency. 1908 c. 48, s. 15. Postal packets which cannot be dispatched or delivered. Postal packets posted by mistake or with wrong or deficient contents. Postal packets which contravene the law, etc. 1908 c. 48, ss. 17 & 18. Warrant of Chief Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12 or 13. 1908 c. 48, ss. 17 & 18. Extension of sections 12, 13 and 14 to articles not transmissible by post. Masters of ships to deliver postal packets to Post Office without delay. 1908 c. 48, s. 27. Notice to be given to Postmaster General of departure of ships. Masters of ships to accept postal packets or mail bags for conveyance. 1908 c. 48, s. 26. Gratuities to masters of ships for conveyance of postal packets. 1908 c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, ect. 1908 c. 48, s. 3. Right to withhold postal packets from person refusing to pay postage, etc. Power of search and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 1908 c. 48, s. 44. Postal packets delivered at hotels, etc., and not claimed. Destruction of postal packets, etc. [cf. 1953 c. 36, s. 57. 1968 c. 60 Sch. 2, Pt. I, para. 6.] Diversion of postal packets. 1908 c. 48, ss. 54 & 56. Unlawful retention of postal packets. 1908 c. 48, s. 53. Unlawful opening, etc., of postal packets. 1908 c. 48, ss. 51 & 56. Damaging, etc., letter boxes. 1908 c. 48, ss. 61 & 62. Prohibition of imitation of certain marks, etc. 1908 c. 48, s. 64. Prohibited articles. 1908 c. 48, s. 63. (Cap. 134.) Offences relating to postage stamps. Power of magistrate in relation to stolen postage stamps. Fraudulent practices relating to payment of postage. Bills for unordered goods and services. Offences by officers of the Post Office. 1908 c. 48, s. 58. Obstruction. 1908 c. 48, s. 67. Laying of property. 1908 c. 48, s. 73. Evidence. 1908 c. 48, ss. 8 & 9. 1968 c. 60, Sch. 2, Pt. I, para. 11. (Cap. 210.) Offences. 1908 c. 48, s. 69. Penalties. Limitation of time.

Identifier

https://oelawhk.lib.hku.hk/items/show/2433

Edition

1964

Volume

v7

Subsequent Cap No.

98

Number of Pages

21
]]>
Tue, 23 Aug 2011 18:07:04 +0800
<![CDATA[NEW TERRITORIES (LAND OFFICES APPROVAL) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2432

Title

NEW TERRITORIES (LAND OFFICES APPROVAL) ORDER

Description






NEW TERRITORIES (LAND OFFICES APPROVAL)
ORDER

(Cap. 97, section 10(1)

[23 November 1973.1

1. This order may be cited as the New Territories (Land Offices
Approval) Order.

2. The places specified in Part 1 of the First Schedule are approved
as New Territories Land Offices, and the place specified in Part 11 of the
First Schedule shall continue to be approved as a New Territories Land
Office.

3. The places specified in the Second Schedule shall cease to be
approved as New Territories Land Offices.

FIRST SCHEDULE [para. 2.1

NEW TERRITORIES LAM) OFFICES

PART 1

1. The District Land Office. Yuen Long.

2. The District Land Office, Tsuen Wan.

3. The District Land Office, Sai Kung.

4. The District Land Office. Islands.

5. The District Land Office, Sha Tin.

6. The District Land Office, Tuen Mun.

7. The District Land Office, North.

PART 11

The District Land Office, Tai Po.

SECOND SCHEDULE [para. 3.]

DISCONTINUANCE OF NEW TERRITORIES LAND
OFFICES

1. The District Land Office. Kowloon.

2. The District Land Office, Ping Shan.
L.N. 216/73. L.N. 51/75. L.N. 394/84. Citation. Approval of Land Offices. First Schedule. Discontinuance of Land Offices. Second Schedule. L.N. 51/75. L.N. 51/75. L.N. 394/84.

Abstract

L.N. 216/73. L.N. 51/75. L.N. 394/84. Citation. Approval of Land Offices. First Schedule. Discontinuance of Land Offices. Second Schedule. L.N. 51/75. L.N. 51/75. L.N. 394/84.

Identifier

https://oelawhk.lib.hku.hk/items/show/2432

Edition

1964

Volume

v7

Subsequent Cap No.

97

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:03 +0800
<![CDATA[DUPLICATE PERMITS AND LICENCES (NEW TERRITORIES) RULES]]> https://oelawhk.lib.hku.hk/items/show/2431

Title

DUPLICATE PERMITS AND LICENCES (NEW TERRITORIES) RULES

Description






DUPLICATE PERMITS AND LICENCES
(NEW TERRITORIES) RULES

(Cap. 97, section 4)*

[25 February 1931.1

1. These rules may be cited as the Duplicate Permits and Licences
(New Territories) Rules.

2. When any permit or licence whatsoever issued by any District
Officer or the Director of Buildings and Lands in the performance of his
duty or office has been lost and it is desired to replace it by the issue of
a duplicate, it shall be lawful for the Director of Buildings and Lands in
the performance of his duty or office, upon a satisfactory explanation as
to the loss and upon payment of a fee of $5, in each case, to issue a
duplicate of the permit or licence so lost to any person deemed by him
to be entitled thereto.
G.N. 119/31. G.N.A. 188/49. L.N. 76/82. L.N. 94/86. Citation. Power to issue duplicates. L.N. 76/82. L.N. 94/86. G.N.A. 188/49.

Abstract

G.N. 119/31. G.N.A. 188/49. L.N. 76/82. L.N. 94/86. Citation. Power to issue duplicates. L.N. 76/82. L.N. 94/86. G.N.A. 188/49.

Identifier

https://oelawhk.lib.hku.hk/items/show/2431

Edition

1964

Volume

v7

Subsequent Cap No.

97

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:03 +0800
<![CDATA[NEW TERRITORIES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2430

Title

NEW TERRITORIES ORDINANCE

Description






LAWS OF HONG KONG

NEW TERRITORIES ORDINANCE

CHAPTER 97





CHAPTER 97

NEW TERRITORIES ORDINANCE

ARRANGEMENT OF SECTIONS

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

PART 1

REGULATION OF THE. NEW
TERRITORIES

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

2. Interpretation................. . ... . ... ... 2

3. Power of Governor to appoint officers for the administration of the New

Territories ............................. ... ... ... .. ... ... ... 3

4. Power to make rules ....................... ... ... ... ... ... ... 3

5. Publication of rules . .................... 1. ... ... ... ... 3
6. Penalty for breach of rules ............... ... ... ... ... ... 4

PART 11

LAND

7. Application of Part 11 to land in New Territories ... ... ... ... .. ... ... 4

8. Vesting of land in New Territories in the Crown ... ... ... ... 1.1 4
9. Authority of Land Officer ... . ...... ... ... ... ... ... ... ... ... 4
W. Interpretation of---LandOffice-, etc . ... ... ... ... ... ... .1. ... ... C;
11. Preparation, receipt and registration of memorials ... ... ... ... ... ... ... 5
12. Jurisdiction in land matters ... ... ... ... 1 .. ... ... 11 . ... ... .. 1 ... 5
13. High Court or the District Court may enforce Chinese custom's ... ... ... 6
14. (Repealed] ... ... ... ... ... ... . ... ... .. 6
15. Registration of manager of 't'ong' etc . ... ... ... ... ... ... ... ... ... 6
16, Exemption of certain clans from the Companies Ordinance ... ... ... ... 6
17. Registration of successors to deceased landholder A here no probate granted 7
18. Power to appoint trustees for minors ... ... ... ... ... ... ... ... 7
19. Certification of memorials ... ... ... ... ... ... ... 8
20. Land Officer not required to keep index ... ... ... ... ... ... ... ... ... 8
21-41. Repealed 1 ... ... ... ... ... ... ... ... ... ... ... ... ... 8
42. Power to make regulations under Part 11 ... ... ... ... ... ... ... ... 8
43. Certified copies receivable in evidence . ... .. 1 ... ... ... ... ... 8
44. Part not to affect Crown, etc. ... . ... ... ... ... ... ... ... 8
Schedule. [Repealed) ... ... ... ... ... ... ... ... ... ... ... 8





CHAPTER 97

NEW TERRITORIES

To consolidate and amend the laws relating to the administration tion
and regulation of the New Territories.

[28 October 1910]

PART 1

REGULATION OF THE NEW
TERRITORIES

1. This Ordinance may be cited as the New Territories

Ordinance.

(Amended, 5 of 1924. s. 6)

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

'Secretary for District Administration' includes Regional Secretary (New
Territories) and District Officer. (Replaced, 62 qf 1948. s. 2.
Amended, 13 of 1961, s. 2; L.N. 94/74; L.N. 370 81 and L.N.
14/83)

'possession' in relation to land includes receipt of income;

(A mended, 20 of' 1948, s. 4)

'instrument' includes deed, will, power of attorney. Act of Parliament or
Ordinance; (Amended, 43 of 1912 Supp. Schedule, G.N. 246/13
13)

Note: Transitional provisions. see see. 7 thereof.





'land' includes land covered by water or within the flow of the sea and
houses and other buildings and any undivided share in land and
every estate and interest in land and also includes any rent or
profit issuing out of land and any easement affecting land and also
any market-building or portion of such building and any rent or
profit issuing out of any market-building or portion of such
building; (Replaced, 16 of 1913 s. 21

'mortgage' includes any charge on any land for securing money. or
money's worth; 'mortgage money- means money. or money's
worth, secured by mortgage, -mortgagor- includes any person
deriving title under the original mortgagor. or entitled to redeem a
mortgage, according to his estate. interest or right, in the
mortgaged property; -mortgagee- includes any person deriving title
under the original mortgagee, and 'mortgagee in possession- is a
mortgagee who. in right of the mortgage, has entered into and is in
possession of the inortgaged property. Amended 50 ol' 1911, and 12
of' 1912, Schedule)

(Amended, 50 of 1911; 51 of 1911 8 of'1912, s. 78: 12 of 1912.
Schedule,. 13 of 1912. Schedule; 43 of 1912. Supp. Schedule,
G.N. 246,113 and 62 of'] 984. s. 66)

3. (1) Without prejudice to any other provision of law the
Governor shall have power to appoint a Secretary for
District Administration a Regional Secretary (New Territories and sue
number of District Officers and Assistant District Officers as
he may consider necessary for the administration of the New Territories.
(Added, 62 of 1948 s.2. Amended, 20 of 1948. s. 4 and 13 of'1961, s.3)

(2) Any District Officer, appointed the Governor to admin-
ister or entrusted by the Secretary for District Administration with
the administration of any particular district of the New Territories,
may be styled and referred to as the District Officer for such
district. (Added, 62 of'1948, s. 2)

(Amended, L.N. 94/74; L.N. 370/81 and L.N. 14/83)

4. The Governor in Council may make rules providing for the
levying, collection, recovery by legal proceedings, and safe custody, of
such rents, rates, taxes, and contributions, from the New Territories as
the Governor in Council may, in his absolute discretion, think fit, and for
the keeping of accounts thereof.

(Amended, 33 of 1939 Schedule; 20 of 1948, s. 4, and 30 of
1960,s.148)

5.All rules made under section 4 shall be published in the
Gazette and shall be notified in Chinese in the New Territories in
such manner as the Secretary for District Administration may
direct.
(Replaced, 9 of 1950, Schedule. Amended, 20 of 1948, s. 4; L.N. 94174;
L.N. 370/81 and L.N. 14/83)





6. Every person who commits a breach of any rule made under
section 4 shall be liable on summary conviction to a fine of $1,000 or to
imprisonment for 6 months.

(Amended, 30 of 1911, s. 4; 50 of 1911; 12 qf* 1912, Schedule: 21 of
1912, s. 2; 43 of 1912, Supp. Schedule, G.N. 246 13: 5 of 1924,
Schedule; 7 of] 933, s. 3; 20 of' 1948, s. 4, and 62 of* 1948, s. 2)

PART 11

LAND

7. (1) This Part applies to the New Territories only.

(Amended, 5 of 1924, Schedule)

(2) Upon the application of the registered owner of the lease of any
land which has been purchased from the Crown since 17 April 1899, and
in respect of which a separate Crown lease has been or is intended to be
issued, or without such application in the case of a new grant of land by
the Crown. the Governor may exempt the said land from the provisions
of this Part. (Amended, 50 of 1911: 12 of' 1912, Schedule: 43 of 1912 Supp.
Schedule. G.N. 246 13: 9 of 1950 Schedule, and 1 of] 962, s. 2 21a) a)

(3) Upon the application of' the registered owner of any land


not covered by the provisions of subsection (2) and upon proof to
the satisfaction of the Land Officer of the title of such owner and
surrender of the lease of such land to the Croen the Governor may
direct a new Crown lease for such land to be issued after due
survey thereof has been made and the prescribed fees been
paid. and the Governor may thereupon exempt the said land from
the provisions of this Part: Provided that. in any case ill which
such application refers to land of such small value that. in the
opinion of the Governor, it I's undesirable to grant exemption. the
Governor may, refuse to grant the same. (Amended, 50 of 1911; 51
of 1911; 12 of 1912, Schedule; 13 of 1912. Schedule 5 ol 1924. s.

9 of 1950 Schedule and 1 of 1962 s. 2(b))

8. All land in the New Territories is hereby declared to be and to
have been from 23 July 1900, the property of the Crown. and all persons
in occupation of any such land shall be deemed to be trespassers as
against the Crown. unless such occupation is authorized by grant from
the Crown. or by other title allowed under this Ordinance, or by licence
from the Governor or from some Government officer having authority to
grant such licence.

(Amended, 50 of 1911; 12 of 1912, Schedule: 23 of 1912. s. 6, and 33
of] 939, Schedule)

9. (1) The Land Officer is hereby authorized to carry into execution
the provisions of this Part. (Amended, 51 of 1911; 13 of' 1912, Schedule,. 43
of* 1912, Supp. Schedule, G.N. 246. 73, and 5 of' 1924, Schedule





(2) Where by any enactment anything is required or appointed to
be done by the Land Officer, the same may be lawfully done by. any
Assistant Land Officer appointed by the Governor. who shall have the
same powers as are conferred upon on the Land Officer by this
Ordinance, or by the Secretary for District Administration,
who for the purposes of this Part shall be deemed to be an Assistant Land
Officer. (Amended, 51 of 1911; 13 of 1912, Schedule: 5 of 1924. s. 9;
33 of 1939, Schedule: 62 of 1948. s. 2: L.N. 94 74; L.N. 370 81 and
L. N. 14/83)

10. (1) Where in any Ordinance the expression---LandOfficeor
'District Land Office' is used it shall include such places as the
Governor in Council may by order from time to time approve as a New
Territories Land Office. Save in so far as any such order shall otherwise
provide each of the following shall. as from the commencement of this
Ordinance, be deemed to have been approved as a New Territories Land
Office by order of the Governor in Council duly made under this
subsection. namely. the respective offices now known and used as the
District Land Office. Kowloon. the District Land Office, Tai Po, and the
District Land Office. Pin- shan

(2) In this Ordinance -appropriate New Territories Land Office-
means in relation to any particular land such place approved under
subsection 1) in which the register of deeds containing the last entry in
respect of such land shall for the time being be kept. or. if there is no
register of deeds, the place where the last memorial affecting such land
is for the time being kept.

(Replaced, 62 1948, s. 2)

11. (1) A memorial of any deed. will or other instrument. or any
judgment, order or lis pendens. in respect of or affecting land. may be
prepared and shall be received at such places in addition to a New
Territories Land Office as the Land Officer shall approve:

Provided that the registration of any such memorial shall be
deemed to have been effected on the date and at the time that an
acknowledgement of the receipt thereof shall be endorsed thereon at the
appropriate New Territories Land Office. (Replaced, 62 of' 1948,s.2)

(2) Notwithstanding anything in this or any other enactment, the
registration of any deed, will, or other instrument, or any judgment,
order or lis pendens in respect of or affecting land, shall be deemed to
have been validly effected if effected at any place approved for such
purpose by the Land Officer.

(Replaced, 62 of'1948, s. 2. Amended 20 of'1948. s. 4; L.N.
94/74; L.N. 370181 and L.N. 76/82)

12. The High Court and the District Court shall have jurisdiction to
hear and determine all questions and disputes at law or in equity in
connexion with or in any wise arising out of or regarding any land in the
New Territories:





Provided that nothing in this section shall confer any greater
jurisdiction upon the District Court than it exercises from time to time
with regard to questions and disputes at law or in equity in connexion
with or in any wise arising out of or regarding land situate in any part of
the Colony other than the New Territories.

(Replaced, 13 of 1961, s. 5. Amended, L.N. 57; 74)

13. In any proceedings in the High Court or the District Court in
relation to land in the New Territories, the court shall have power to
recognize and enforce any Chinese custom or customary right affecting
such land.

(Amended, 1 of 1953, Fourth Schedule)

14. [Repealed, 38 of 1969, s. 2]

15. Whenever any land is held from the Crown under lease or other
grant, agreement or licence in the name of a clan. family or t'ong, such
clan, family or t'ong shall appoint a manager to represent it. Every such
appointment shall be reported at the appropriate New Territories Land
Office, and the Land Officer on receiving such proof as he may require of
such appointment shall. if he approves thereof, register the name of the
said manager who shall. after giving such notices as may be prescribed.
have full power to dispose of or in any way deal with the said land as if
lie were sole owner thereof. subject to the consent of the Land Officer.
and shall be personally liable for the payment of all rents and charges
and for the observance of all covenants and conditions in respect of
the said land. Every cry instrument relating to land held by a clan. family
or t'ong. which is executed or signed by the registered manager thereof
in the presence of the Land Officer and is attested by him, shall he as
effectual for all purposes as if it had been executed or signed by all the
members of the said clan, family or t'ong The Land Officer may on good
cause shown cancel the appointment of any manager and select and
register a new manager in his place. If the members of any clan. family or
t'ong holding land do not within 3 months after the acquisition of the
land make and prove the appointment of a manager, or within 3 months
after any change of manager prove the appointment of a new manager. It
shall be lawful for the Crown to re-enter upon the land held by such clan,
family, or t'ong which shall thereupon become forfeited. Such re-entry
shall be effected by the registration of a memorial thereof in the
appropriate New Territories Land Office.

(Amended, 50 of 1911, s. 4; 51 of 1911; 12 of 1912 Schedule,. 13
of 1912, Schedule,. 33 of 1939, Schedule, and 20 of'1948, s. 4)

16. Any clan, family or t'ong owning land on 28 October 1910. in
respect of which a manager has been duly registered under this
Ordinance. shall not. so long as such land is certified by the Land
Officer as being used for agricultural. religious. educational or charitable
purposes or such other uses of a similar nature as are





recognized by established local custom, or for dwelling-houses
occupied by bona fide members of the clan. family or t'ong. be required
to be registered under the Companies Ordinance. although such clan,
family or t'ong may consist of more than 20 members.

(Amended, 51 of 1911; 13 of 1912, Schedule; 43 of 1912, Supp.
Schedule, G.N. 246113; 33 of 1939, Schedule; 5 of' 1924,
Schedule, and 20 of 1948, s. 4)

17. In the event of the death of any person in whose name any land
is registered otherwise than as a manager. if no grant of probate or
administration of the estate of the deceased is made by the High Court
within 3 months after such death. the Land Officer, on ascertaining the
name of the person who is entitled to such land in succession to the
deceased person (hereinafter called the successor). and on being
satisfied that any estate duty which may be due has been paid, shall
register the name of the successor. and upon such registration being
effected the said land shall vest in the successor for all the estate and
interest of the deceased person therein. or for such estate and interest
as shall be entered on the register by the Land Officer against the entry
of the name of the successor. On the registration of a successor, the
fees fixed by regulations shall be paid to the Land Officer by the
successor. but no probate fees shall be payable, anything in the Probate
and Administration Ordinance to the contrary notwithstanding. The
registered successor shall be liable for the debts of the deceased in the
same manner and to the same extent as if a grant of probate or
administration had been made to him:

Provided that if a grant of probate or administration of the estate of
the deceased is made by the High Court within the period above
specified, the grantee therein named shall be registered as the successor
and the fees referred to in this section shall not be payable.

(Amended, 50 of 1911; 51 of 1911: 12 of 1912. Schedule: 13 of'
1912, Schedule; 43 of 1912, Supp. Schedule, G.N. 246,13; 38
of 1935, s. 3, and 33 of 1939, Schedule)

18. Whenever any land is vested in a minor, it shall be lawful for the
Land Officer to appoint some fit person to be a trustee thereof for such
minor during his minority and to remove any such trustee and to appoint
any new trustee. Every such appointment shall be registered by the
Land Officer in the appropriate New Territories Land Office, and upon
registration the land the subject of the trust shall vest in the registered
trustee for all the estate and interest of the minor therein, and upon
registration of the removal of any trustee the land shall divest from the
trustee so removed and vest in the continuing trustee or any newly
registered trustee as the case may be. The Land Officer before
registering a trustee may require him to give security in such manner and
to such amount as he may think fit for the due execution of the trust.
With the consent of the Land Officer a trustee may buy, sell, mortgage,
lease or otherwise deal with or dispose of any property to the like extent
as if he were





the beneficial owner thereof, anything in the Trustee Ordinance. to the
contrary notwithstanding.

(Amended, 50 qf 1911, s. 4; 51 of 1911: 13 of 1912, Schedule
5 of 1924, Schedule, and 20 of'] 948, s. 4)

19. For the purposes of this Ordinance, where a memorial of any
deed, will or other instrument is certified by the Land Officer as correct,
it shall not be necessary for such memorial to be verified in accordance
with the provisions of section 7 of the Land Registration Ordinance.

(Replaced, 1 of 1962, s. 3)

20. It shall not be necessary for the Land Officer to keep an index
of names of the several parties to deeds and other instruments. or of the
devisors or devisees in the case of wills. or of the plaintiffs or
defendants in the case of judgments. orders and lites pendentes.

(Amended, 20 ol* 1948, s. 4)

21. [Repealed, 72 of 1971. s. 31

22-41. [Repealed, 62 of 1984. s. 66)

42. The Governor in Council may by regulation provide for the
purposes of Part 11. and particularly the fees to be paid thereunder, and
the recovery of Crown rent by distraint or other proceedings. The said
regulations shall be published in both the English and Chinese
languages.

43. A copy of or extract from any document in the custody of the
Land Officer shall. if certified by him to be correct. be admissible in
evidence in all courts to the same extent as the original document would
he admissible.

51 ol 1911, and 13 ol 1912, Schedule 1

44. Nothing in this Part shall be deemed to affect the interests of
the Crown. or to confer a larger right in relation to any land that] is
granted in the Crown lease, grant or licence whereunder the said land is
held. and no liability shall attach to the Land Officer. or to any Assistant
Land Officer, or to the Government. or to the Crown Crown in respect of
any, act done or entry made by such Land Officer or Assistant Land
Officer in the course of his duty.

(Amended, 50 of 1911 1, and 21 of 1912, s.

SCHEDULE

Repealed 62 ol 1984-s. 66]
Originally 34 of 1910. (Cap. 97, 1950.) 30 of 1911. 50 of 1911. 51 of 1911. 8 of 1912. 12 of 1912. 13 of 1912. 21 of 1912. 23 of 1912. 43 of 1912. 16 of 1913. 21 of 1922. 27 of 1923. 5 of 1924. 6 of 1930. 36 of 1931. 7 of 1933. 25 of 1933. 38 of 1935. 18 of 1938. 33 of 1939. 17 of 1940. 20 of 1948. 62 of 1948. 9 of 1950. 1 of 1953. 18 of 1957. 30 of 1960. 13 of 1961. 1 of 1962. 38 of 1969. 72 of 1971. L.N. 57/74. L.N. 94/74. L.N. 370/81. L.N. 76/82. L.N. 14/83. 62 of 1984. Short title. Interpretation. Power of Governor to appoint officers for the administration of the New Territories. Power to make rules. Publication of rules. Penalty for breach of rules. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Authority of Land Officer. Interpretation of 'Land Office', etc. Preparation, receipt and registration of memorials. Jurisdiction in land matters. High Court or the District Court may enforce Chinese customs. Registration of manager of 't'ong', etc. Exemption of certain clans from the Companies Ordinance. (Cap. 32.) Registration of successors to deceased landholder where no probate granted. [cf. Cap. 111, s. 10(d), (e)] (Cap. 10.) Power to appoint trustees for minors. (Cap. 29.) Certification of memorials. (Cap. 128.) Land Officer not required to keep index. Power to make regulations under Part II. Certified copies receivable in evidence. Part not to affect Crown, etc.

Abstract

Originally 34 of 1910. (Cap. 97, 1950.) 30 of 1911. 50 of 1911. 51 of 1911. 8 of 1912. 12 of 1912. 13 of 1912. 21 of 1912. 23 of 1912. 43 of 1912. 16 of 1913. 21 of 1922. 27 of 1923. 5 of 1924. 6 of 1930. 36 of 1931. 7 of 1933. 25 of 1933. 38 of 1935. 18 of 1938. 33 of 1939. 17 of 1940. 20 of 1948. 62 of 1948. 9 of 1950. 1 of 1953. 18 of 1957. 30 of 1960. 13 of 1961. 1 of 1962. 38 of 1969. 72 of 1971. L.N. 57/74. L.N. 94/74. L.N. 370/81. L.N. 76/82. L.N. 14/83. 62 of 1984. Short title. Interpretation. Power of Governor to appoint officers for the administration of the New Territories. Power to make rules. Publication of rules. Penalty for breach of rules. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Authority of Land Officer. Interpretation of 'Land Office', etc. Preparation, receipt and registration of memorials. Jurisdiction in land matters. High Court or the District Court may enforce Chinese customs. Registration of manager of 't'ong', etc. Exemption of certain clans from the Companies Ordinance. (Cap. 32.) Registration of successors to deceased landholder where no probate granted. [cf. Cap. 111, s. 10(d), (e)] (Cap. 10.) Power to appoint trustees for minors. (Cap. 29.) Certification of memorials. (Cap. 128.) Land Officer not required to keep index. Power to make regulations under Part II. Certified copies receivable in evidence. Part not to affect Crown, etc.

Identifier

https://oelawhk.lib.hku.hk/items/show/2430

Edition

1964

Volume

v7

Subsequent Cap No.

97

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:07:02 +0800
<![CDATA[FORESTRY REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2429

Title

FORESTRY REGULATIONS

Description






FORESTRY REGULATIONS

(Cap. 96, section 3)

[30 July 1937.1

1. These regulations may be cited as the Forestry Regulations.

2. No person shall without lawful excuse sell, offer for sale, or

have in his possession or under his custody or control any portion of

any of the following plants


NAME ENGLISH CHINESE CHINESE
1. Fern a, L Chau
or Lei


2. Camellia, All species Camellia ;l, 9 9 i E Kok Chung Heung
Kong Fa

3. Chinese New Year Chung
Flower

4. Gardenia 1149- Pak Shim
(jasminoides)
5. Illicium, All species Star-anise Kok Chung Heung
Kong Pat Kok
6. Iris Hong Kong Iris Yuen Mi
7. Lung Fa
8. All Myrtle M, Kok Chung Heung
species Kong Mi
9. Lily III Pak Hop

10. Wong Tang Fa

11. Magnolia, All species Magnolia 1 191 Kok Chung Yuk
Ye Hop
12. Magnolia k191 Heung Kong Yuk

13. Magnolia 1~~ 711: Heung Kong Hom
Siu
14. Orchid, All species Orchid Kok Chung Fa
15. Sha Fa

16. Chinese Bell fit
flower or
Hong Kong
Harebell
17. Hog-plum Ngan
18. Ground Rattan Tsung Shu
Cane
19. IT, 9. Yeung Chung
20. Rhododendron, All Azalea Kok Chung To
species Kun
21. A Shu





3. Regulation 2 shall not apply to the following-

(a) whole plants which were grown outside the Colony, and
which were imported into the Colony as whole plants;

(b)portions of plants which were grown in private gardens and
which were picked with the consent of the owner or occupier
of such gardens.

4. Except with the consent in writing of the Forestry Officer, and in
accordance with such consent, no person shall keep goats.

5. Every request for the consent referred to in regulation 4 shall be
in writing and shall state the maximum number of goats proposed to be
kept, and whether the goats will be kept and fed within fenced or
enclosed private premises, or tethered therein, exclusively, or will or may
range or wander beyond private premises. Such further particulars as
may be required by the Forestry Officer shall be furnished to him.

6. It shall be lawful for the Forestry Officer, in any consent given
by him under these regulations, to limit and prescribe areas within
which the applicant's goats may range or wander for food, to attach
conditions to the consent, and also, without prejudice to the provisions
of regulation 8, to limit the duration of the consent.

7. Every person who. being a grantee of a consent as aforesaid, is
required by law to obtain a licence or permit from the Urban Council, or
other authority, to keep the goats to which the consent relates shall
transmit such consent to such authority with any application for such
licence or permit.

8. It shall be lawful for the Forestry Officer, at any time, to withdraw
any consent given by him under these regulations if, in his opinion, the
goats to which the consent relates have injured or are likely to injure
trees, shrubs, or other plants on unleased Crown land, or if, in his
opinion, injury. to such trees, shrubs or other plants has been or is
likely to be done to provide the goats with food.

9. Every owner of goats, and every person having charge of goats,
shall take all steps necessary to prevent such goats from doing injury to
trees, shrubs, or other plants on any unleased Crown land other than
within the area (if any) limited and prescribed as aforesaid for the
ranging and wandering of his goats for food.

10. The area known as Prohibited Area No. 1 shown

on a map deposited at the office of the Agriculture and Fisheries
Department and thereon marked 'Mount 1, declared a prohibited
area under section 12(1) of the Ordinance.

11. The area containing approximately 220 hectares situate
between Kowloon Reservoir and the Kowloon-Canton Railway near Sha
Tin, shown on a map deposited at the office of the





Agriculture and Fisheries Department and thereon marked---Prohibited
cultivation of tung oil trees', is declared a prohibited area under
section 12(1) of the Ordinance.

12. (1) Any person who acts in contravention of regulation 2 shall
be guilty of an offence and shall be liable to a fine of $250.

(2) A magistrate may forfeit any severed plant or portion of a plant
with regard to which any contravention of regulation 2 has been
committed.
11 of 1937. First Schedule. G.N. 744/37. 6 of 1948. G.N.A. 2/49. G.N.A. 75/51. L.N. 60/81. G.N. 744/37. 6 of 1948, s. 6. 6 of 1948, s. 6. 6 of 1948, s. 6. 6 of 1948, s. 6. 6 of 1948, s. 6. G.N.A. 2/49. L.N. 60/81. G.N.A. 75/51.

Abstract

11 of 1937. First Schedule. G.N. 744/37. 6 of 1948. G.N.A. 2/49. G.N.A. 75/51. L.N. 60/81. G.N. 744/37. 6 of 1948, s. 6. 6 of 1948, s. 6. 6 of 1948, s. 6. 6 of 1948, s. 6. 6 of 1948, s. 6. G.N.A. 2/49. L.N. 60/81. G.N.A. 75/51.

Identifier

https://oelawhk.lib.hku.hk/items/show/2429

Edition

1964

Volume

v7

Subsequent Cap No.

96

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:07:01 +0800
<![CDATA[FORESTS AND COUNTRYSIDE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2428

Title

FORESTS AND COUNTRYSIDE ORDINANCE

Description






LAWS OF HONG KONG

FORESTS AND COUNTRYSIDE ORDINANCE

CHAPTER 96





CHAPTER 96

FORESTS AND COUNTRYSIDE ORDINANCE

ARRANGEMENT OF SECTIONS

Section page
1. Short title ... ... ... ... ... ... . ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Power of Governor in Council to make regulations ... ... ... ... ... ... 2
4. Forests, etc., to be under control of Director of Agriculture and Fisheries ... ...
2

PROTECTION OF TREES ON CROWN
LAND

5. Power to order inquiry 1. 1 .. ... ... ... ... ... ... ... ... 2
6. Composition of court of inquiry ... ... ... ... ... ... ... ... 3
7. Proceedings of court of inquiry ... ... ...... ... ... ... ... ... ... ... 3
8. Powers of court of inquiry ... ... ... ...... ... ... ... ... ... ... ... 3
9. Report to be made to Governor ... ... ...... ... ... ... ... ... ... ... 3
10. Power of Governor in Council to impose fine...
... ... ... ... ... ... ... 3
11. Incidence and method of levying fine ... ... ...
... ... ... ... ... 3

PROHIBITED XREAS-
AFFORFSTATION

12. Power of Governor in Council to declare prohibited areas ... ... ... ... ... 4
13. Boundaries to be defined ... ... ... ... ... ... ... ... ... ... ... ... 4
14. Notices to be placed along the boundaries ... ... ... ... ... ... ... ... 4
Is. Prohibition against entering prohibited areas ... ... ... ... ... ... ... ... 4

OFFENCES, PENALTIES AND
FORFEITURE

W Lighting fires in forests, etc. ...
... ... ... ... ... ... ... ... ... ... 4
17. Power of arrest ... ... ... ... ... ... ... ... 5
18. Power to amend Schedule ... ... ... ... ... ... ... ... ... ... 5
19. Issue of search warrant in certain cases ... ... ... ... ... ... ... ... ... 5
20. Assaulting or resisting or obstructing forest officer ... ... ... ... ... ... ... 5
21. Acts prohibited in forests, etc . ... ... ... ... ... ... ... ... ... ... ... 5
22. Penalties and forfeiture ... ... ... ... ... ... ... ... ... ... ... ... 5

Schedule........................................ ... ... ... ... ... ... ... ... ...
6





CHAPTER 96

FORESTS AND COUNTRYSIDE

To consolidate and amend the law relating to forests and plants, and
to provide for the protection of the countryside. (Anieizded,82of
1974,s.2)

[30 July 1937.1

1. This Ordinance may be cited as the Forests and Countryside
Ordinance.

(Amended, 82 of 1974, s. 3)

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

'forest' means any area of Crown land covered with selfgrown trees;

'plantation' means any area of Crown land which has been planted with
trees or shrubs or sown with the seeds of trees or shrubs.

-forest officer- includes the Forestry Officer. every supervisor, every
forestry protection officer, every forestry inspector, every forest
guard and every forester of the Agriculture and Fisheries
Department; (Replaced, 6 of 1948, s. 2)

'Prohibited area' means any area declared to be a prohibited area under
this Ordinance.

3. The Governor in Council may by regulation provide for-

(a)the protection of trees, shrubs, and other plants from
destruction, injury or removal;

(b)the preservation of fire-barriers and forestry paths from
destruction or injury;

(e)any such other matters as may appear to the Governor in
Council advisors for the protection of forests and plants.

4. Every forest, plantation, prohibited area, tree nursery, fire-barrier
and forestry path, shall be under the control of the Director of
Agriculture and Fisheries.

(Amended, 6 of 1948, s. 3 and 82 of 19 74, s. 4)

PROTECTION OF TREES ON CROWN
LAND

5. If at any time it shall be shown to the satisfaction of the
Governor that trees or growing plants on Crown land have been
felled,.cut, burned, or otherwise damaged or destroyed, or that any





wilful or wanton damage has been done on Crown land, and that there is
reason to believe that such damage or destruction was committed by
any of the inhabitants of any village or area, it shall be lawful for the
Governor to order that a court of inquiry shall be held at or near the said
village or in or near the said area.

6. The court of inquiry shall consist of the Secretary for District
Administration and the Forestry Officer.

(Replaced, L.N. 18/83)

7. The said court shall hold the inquiry in public and shall afford to
all persons who may be adversely affected full opportunity of being
heard in their defence.

8. For the purposes of any such inquiry, the said court shall have
all the powers and privileges which under the Commissions of Inquiry
Ordinance, are or may be conferred on commissioners appointed
thereunder.

9. On the completion of the inquiry, the court shall report to the
Governor as to whether in their opinion the damage or destruction was
caused by the inhabitants of any village or area.

10. It shall be lawful for the Governor in Council. upon
consideration of such report. to order that a fine shall be imposed on the
said village or on such area as he shall prescribe.

11. (1) Every such fine shall be apportioned by the Director of
Accounting Services among all the owners of land in the said villages or
area prescribed, in the manner specified in subsection (2), according to
the amount of Crown rent or village rent payable by such owners
respectively. (Amended, L.N. 16/77)

(2) In the New Territories the Director of Accounting Services shall
apportion the fine among all the persons whose names appear on the
Crown rent roll for the said village or area, and elsewhere in the Colony
among all the persons whose names appear either on the Crown rent roll
or on the village rent roll for the said village or area. (Amended, L.N.
16177)

(3) The amounts so apportioned shall in each case be a first charge
on the land in respect of which the Crown rent or village rent upon
which the apportionment was based is payable.

(4) The amounts so apportioned shall be recoverable from the
respective owners whose names appear on the Crown rent roll or village
rent roll respectively in the same manner in all respects as Crown rent is
recoverable.

(5) It shall be lawful for the Governor in Council in his discretion to
remit the payment of any amount so apportioned in the case of any
owner of land in the said village or area who was not resident in the said
village or area at the time when the damage or





destruction occurred, or who was not a party to such damage or
destruction.

PROHIBITED AREAS-
AFFORESTATION

12. (1) It shall be lawful for the Governor in Council by order
signified in the Gazette to declare any area to be a prohibited area if he
considers it desirable to do so with a view to the protection of
afforestation operations.

(2) Every such order made under this Ordinance shall be laid on the
table of the Legislative Council at the first meeting thereof held after the
publication in the Gazette of the making thereof. and if a resolution is
passed at the first meeting of the Legislative Council held after such
order has been laid on the table of the said Council resolving that such
order shall be rescinded. or amended in any manner whatsoever, the said
order shall. without prejudice to anything done thereunder. be deemed
to be rescinded. or amended, as the case may be, as from the date of
publication in the Gazette of the passing of such resolution.

13. Every prohibited area shall have its boundaries marked or
indicated by means of fire-barriers or otherwise.

14. Notices both in English and Chinese Stating that the area

c

in question is a prohibited area shall be placed along the boundaries at
intervals riot greater than 440 metres.

Amended L.N. 60 81

15. Any person who without lawful authority or excuse enters a
prohibited area shall be guilty of an offence.

OFFENCES. PENALTIES AND
FORFEITURE

16. (1) Any person who-

(a)has lit, or is using a fire which was lit, in or near any forest,
plantation, prohibited area or area of open countryside; or

(b)is in a group of persons using a fire which was so lit, whether
or not by any person in the group.

shall be guilty of an offence unless he shows that-

(i)the lighting of a fire in the place in which the fire was lit was
reasonable in all the circumstances. and

(ii)he took all reasonable steps to prevent the fire from damaging
or endangering anything growing in the forest, plantation.
prohibited area or area of open countryside.

(2) For the purposes of this section, land shall not be treated as not
being open countryside solely by reason of the fact that it is held under
lease. licence or permit.

1 Replaced, 82 of 1974, s. 5)





17. If shall be lawful for any forest officer to arrest without warrant
any person whom such forest officer reasonably suspects of having
contravened any of the provisions of this Ordinance or of any of the
regulations made thereunder or of any of the enactment specified in the
Schedule.

18. The Governor in Council may by order signified in the Gazette
amend the Schedule in any manner whatsoever.

19. Whenever it appears to a magistrate, upon the oath of any
person, that there is reasonable cause to suspect that any trees. shrubs
or plants or any parts thereof are contained in any building or place in
contravention of this Ordinance or of any regulations made thereunder
or of any of the enactments specified in the Schedule, such magistrate
may, by warrant directed to any forest officer, empower him with such
assistants as may be necessary. by day or night- (Amended, 6of 1948, s.
5 and 82 of 1974, s.6)

(a)to enter, and, if necessary, break into, such building or place
and to search for and take possession of any trees. shrubs or
plants or parts thereof which may be found there, and to carry
the same before a magistrate, and

(b)to arrest any person who may appear to have such trees.
shrubs or plants or parts thereof in his possession. custody or
control.

20. Any person who assaults or resists or obstructs any forest
officer in the execution of his duty shall be guilty of an offence.

21. Any person who, without lawful authority or excuse. in any
forest, plantation or prohibited area

(a) cuts grass, removes turf or earth, rakes pine needles;

(b) plucks or damages any bud, blossom or leaf of any tree,

shrub or plant;

(c) trespasses or pastures cattle or permits cattle to trespass,

shall be guilty of an offence.

(Amended, 48 of 1972, s. 4)

22. (1) Any person who contravenes any of the provisions of this
Ordinance or of any regulation made thereunder shall be liable on
summary conviction to a fine of $2,000 and to imprisonment for 1 year.
(Amended, 6 of 1948, s. 7)

(2) It shall be lawful for a magistrate to forfeit any severed tree or
plant or portion of a tree or plant with regard to which any
contravention of any such provision or regulation or of any enactment
specified in the Schedule shall have been committed.





SCHEDULE

Ordinance Short title Sections, etc.

Cap. 200. Crimes Ordinance. S, 60 in respect of anything
forming part of land.

Cap. 23 0. Theft Ordinance. S. 9 in respect of anything
forming part of land.

Cap. 228. Summary Offences Ordinance. S. 4(30) and s. 8(b),

(A Amended 21 of 19 70, s. 35 and 48 of 19 72,
s. 4)
Originally 11 of 1937. (Cap. 96, 1950.) 6 of 1948. L.N. 22/69. 21 of 1970. 48 of 1972. L.N. 94/74. 82 of 1974. L.N. 16/77. L.N. 60/81. L.N. 17/82. L.N. 18/83. Short title. Interpretation. Power of Governor in Council to make regulations. Forests, etc., to be under control of Director of Agriculture and Fisheries. Power to order inquiry. Composition of court of inquiry. Proceedings of court of inquiry. Powers of court of inquiry. (Cap. 86.) Report to be made to Governor. Power of Governor in Council to impose fine. Incidence and method of levying fine. Power of Governor in Council to declare prohibited areas. Boundaries to be defined. Notices to be placed along the boundaries. Prohibition against entering prohibited areas. Lighting fires in forests, etc. Power of arrest. Schedule. Power to amend Schedule. Issue of search warrant in certain cases. Schedule. Assaulting or resisting or obstructing forest officer. Acts prohibited in forests, etc. Penalties and forfeiture. Schedule.

Abstract

Originally 11 of 1937. (Cap. 96, 1950.) 6 of 1948. L.N. 22/69. 21 of 1970. 48 of 1972. L.N. 94/74. 82 of 1974. L.N. 16/77. L.N. 60/81. L.N. 17/82. L.N. 18/83. Short title. Interpretation. Power of Governor in Council to make regulations. Forests, etc., to be under control of Director of Agriculture and Fisheries. Power to order inquiry. Composition of court of inquiry. Proceedings of court of inquiry. Powers of court of inquiry. (Cap. 86.) Report to be made to Governor. Power of Governor in Council to impose fine. Incidence and method of levying fine. Power of Governor in Council to declare prohibited areas. Boundaries to be defined. Notices to be placed along the boundaries. Prohibition against entering prohibited areas. Lighting fires in forests, etc. Power of arrest. Schedule. Power to amend Schedule. Issue of search warrant in certain cases. Schedule. Assaulting or resisting or obstructing forest officer. Acts prohibited in forests, etc. Penalties and forfeiture. Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2428

Edition

1964

Volume

v7

Subsequent Cap No.

96

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:07:01 +0800
<![CDATA[FIRE SERVICES DEPARTMENT (WELFARE FUND) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2427

Title

FIRE SERVICES DEPARTMENT (WELFARE FUND) REGULATIONS

Description






FIRE SERVICES DEPARTMENT (WELFARE FUND)
REGULATIONS

(Cap. 95, section 25)

[13th August, 1954.1

1. These regulations may be cited as the Fire Services Department
(Welfare Fund) Regulations.

2. (1) All moneys due to the Fire Services Department Welfare Fund
(referred to herein as the Fund) as prescribed by section 18 of the
Ordinance shall immediately be paid in full to the Director of Accounting
Services who shall credit them to an account entitled 'Deposits-Fire
Services Department Welfare Fund'.

(2) When any illegal gratification or any gift the receipt of which is
prohibited by the Regulations of the Hong Kong Government given or
offered to a Fire Services Department Officer is in a form other than
money or negotiable security and is a saleable commodity, it shall be
sold under the direction of the Director and the proceeds of the sale shall
be paid to the Director of Accounting Services and credited by him to
the account 'Deposits-Fire Services Department Welfare Fund'.

(3) The Director of Accounting Services shall render to the Director
after the closing of each month's accounts a return showing all
transactions of the Fund in his accounts during the previous month.

3. All sums considered by the Director to be surplus to the normal
requirements of the Fund shall at his request

(a)be invested in such securities or deposited in such manner in
the Colony by the Director of Accounting Services as the
Financial Secretary may from time to time approve for that
purpose; or

(b)be remitted to the Crown Agents for investment in such
securities or deposit in such manner as the Secretary of State
may from time to time approve for that purpose,

and the dividends or interest accruing from such investments or
deposits shall be credited to the account specified in regulation 2.

4. All investment of the Fund shall be valued at the middle market
price in Hong Kong or London on the 31st March in each year, and the
balance of the Fund on that date shall be increased or decreased as may
be required in accordance with such valuation.

5. Should at any time the uninvested portion of the Fund fall below
a figure which in the opinion of the Director is the minimum necessary
for the normal requirements of the Fund, he





shall request the Director of Accounting Services to sell on the local
market or in London such part of the Fund's investments as will
together with the existing uninvested portion provide an adequate
working balance.

6. All vouchers submitted to the Director of Accounting Services in
respect of payments to be made out of the Fund shall either be certified
by the Director or shall have attached to them certified true copies of the
Director's approval for each withdrawal. In the latter event the
certificates and vouchers may be signed by an officer so authorized by
the Director. The Director of Accounting Services shall pay only on the
authority of the Director as indicated above and shall be advised of the
name of any officer authorized by the Director to sign on his behalf.

7. (1) A loan granted under section 19(b) of the Ordinance shall

(a) [Deleted, L.N. 116178]

(b)be repaid by such monthly instalments, not exceeding 48, as
the Director may specify;

(c)be subject to the payment of interest at the rate of 5 per
centum per annum, calculated monthly on the maximum
balance outstanding in each month and payable one month
after payment of the last instalment; and

(d)become repayable in full, with any interest due, upon default in
the repayment of any monthly instalment.

(2) Notwithstanding paragraph (1) the Director may at any time
waive the condition requiring payment of interest on any such loan.

(3) Any part of a loan, and any interest thereon, due and unpaid
shall be deemed to be a debt due to the Government and may be
recovered accordingly.

8. Upon a recommendation of the Director, the Financial Secretary
may authorize the writing off of any asset or any debt due to the Fund
which he considers irrecoverable:

Provided that any such write-off shall take effect for the purpose of
accounting records alone and shall not extinguish any right of the Fund
to recovery of any such asset or debt.

9. The Director of Accounting Services shall keep the Director
informed of all transactions on account of the Fund's investments and
the latter shall balance his accounts monthly and reconcile them with the
deposit account maintained by the Director of Accounting Services. The
accounts shall be subject to periodical audit by the Director of Audit.





10. (1) The Director shall cause proper accounts to be kept
of all transactions of the Fund and shall cause to be prepared for
every period of 12 months ending the 31st March in each year a
statement of the accounts of the Fund, which statement shall include
an income and expenditure account and balance sheet and shall be
signed by the Director.

(2) The accounts of the Fund and the signed statement of the
accounts shall be audited by the Director of Audit, who shall certify
the statement subject to such report, if any, as he may think fit.

(3) A copy of the signed and audited statement of accounts
together with the Director of Audit's report, if any, and a report
by the Director on the administration of the Fund during the
period covered by the audited accounts shall be laid upon the table
of the Legislative Council not later than the 30th September next
following the end of such period or so soon thereafter as the
Governor, in his absolute discretion, may allow.
32 of 1954, Fourth Schedule. 42 of 1961. L.N. 42/69. L.N. 136/75. L.N. 16/77. L.N. 116/78. Citation. Maintenance of fund. L.N. 16/77. Investment. 1 of 1961, s. 10. L.N. 16/77. Valuation of investments. Realization of investments. L.N. 16/77. Certification of advances. L.N. 16/77. Loans by Fund. L.N. 42/69. L.N. 136/75. Write-off. Duties of Director of Accounting Services and Director of Audit. Accounts. 1 of 1961, s. 10.

Abstract

32 of 1954, Fourth Schedule. 42 of 1961. L.N. 42/69. L.N. 136/75. L.N. 16/77. L.N. 116/78. Citation. Maintenance of fund. L.N. 16/77. Investment. 1 of 1961, s. 10. L.N. 16/77. Valuation of investments. Realization of investments. L.N. 16/77. Certification of advances. L.N. 16/77. Loans by Fund. L.N. 42/69. L.N. 136/75. Write-off. Duties of Director of Accounting Services and Director of Audit. Accounts. 1 of 1961, s. 10.

Identifier

https://oelawhk.lib.hku.hk/items/show/2427

Edition

1964

Volume

v7

Subsequent Cap No.

95

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:07:00 +0800
<![CDATA[FIRE SERVICES DEPARTMENT (REPORTS AND CERTIFICATES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2426

Title

FIRE SERVICES DEPARTMENT (REPORTS AND CERTIFICATES) REGULATIONS

Description






FIRE SERVICES DEPARTMENT (REPORTS AND
CERTIFICATES) REGULATIONS

(Cap. 95, section 25)

[6 January 1961.1

1. These regulations may be cited as the Fire Services Depart-
ment (Reports and Certificates) Regulations.

2. The Director may make, and with the consent of the Chief
Secretary, given either generally or in any particular case, issue to
any person applying therefor in writing and upon payment of the
appropriate fee prescribed by these regulations,-

(a)a report on any fire or other calamity attended by the Fire
Services Department;

(b)a report on any damage caused by fire to any premises,
vessel or other property;

(c)a report or a certificate relating to the structure or condi-
tion of any premises, vessel or other property, in relation to
fire risks or fire precautions.

3. The fees specified in the third column of the following
Table shall be payable to the Director in respect of the making and
issue of a report or a certificate respectively specified in the second
column of such Table-

TABLE
(a) Report on fire or other calamity attended by the Fire Services
Department .........................$150
(b) [Deleted, L.N. 1271871
(c) Certificate required for compliance with the Buildings Ordinance $135
(d) Certificate required for compliance with any of the provisions of any
other enactment.......................................................................................................... 5135
32 of 1954. Fifth Schedule. 42 of 1961. L.N. 230/76. L.N. 87/84. L.N. 127/87. Citation. Authority to issue reports or certificates. L.N. 127/87. Fees. L.N. 127/87. L.N. 230/76. L.N. 87/84. L.N. 127/87.

Abstract

32 of 1954. Fifth Schedule. 42 of 1961. L.N. 230/76. L.N. 87/84. L.N. 127/87. Citation. Authority to issue reports or certificates. L.N. 127/87. Fees. L.N. 127/87. L.N. 230/76. L.N. 87/84. L.N. 127/87.

Identifier

https://oelawhk.lib.hku.hk/items/show/2426

Edition

1964

Volume

v7

Subsequent Cap No.

95

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:07:00 +0800
<![CDATA[FIRE SERVICE (INSTALLATIONS AND EQUIPMENT) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2425

Title

FIRE SERVICE (INSTALLATIONS AND EQUIPMENT) REGULATIONS

Description






CE (INSTALLATIONS AND EQUIPMENT)
REGULATIONS

(Cap. 95, section 25)

L

[1st June, 1972.]

1. These regulations may be cited as the Fire Service (Installations
and Equipment) Regulations.

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

&&equipment list' means the list kept under regulation 4,

'portable equipment' means any fire service equipment which is
manufactured, used or designed to be used as an independent unit
for the purpose of extinguishing, attacking, preventing or limiting a
fire;

'registered contractor' means a fire service installation contractor
registered under the Fire Service (Installation Contractors)
Regulations.

3. (1) The Director may from time to time approve for sale or supply
any type of portable equipment.

(2) Any person aggrieved by any decision of the Director under
paragraph (1) may, within 14 days after the date when such decision has
come to that person's notice, appeal by way of petition to the Governor
who may confirm, vary or reverse the decision.

(3) The decision of the Governor on the appeal shall be final.

4. (1) The Director shall cause a list to be kept of portable
equipment approved by him under regulation 3.

(2) A list of portable equipment approved by the Director shall

(a)be published in the Gazette at least once in every year; and

VI



(b)be made available for inspection by any person at all
reasonable times free of charge at the offices of the Fire
Services Department and at each fire station in Hong Kong.

5. No person shall sell or supply any portable equipment which is
not included in the equipment list.

6. (1) Subject to paragraph (2), no fire service installation or
equipment shall be installed in any premises by any person other than a
registered contractor.





(2) Paragraph (1) shall not apply to any portable equipment which
is not required by law to be installed in any premises.

7. (1) Subject to paragraph (2), no person other than a registered
contractor shall maintain, inspect or repair any fire service installation or
equipment which is installed in any premises.

(2) Paragraph (1) shall not apply to any portable equipment which
is not required by law to be installed in any premises.

8. The owner of any fire service installation or equipment which is
installed in any premises shall

(a)keep such fire service installation or equipment in efficient
working order at all times; and

(b)have such fire service installation or equipment inspected by a
registered contractor at least once in every 12 months.

9. (1) Whenever a registered contractor installs, maintains, repairs
or inspects any fire service installation or equipment in any premises, he
shall within 14 days after completion of the work issue to the person on
whose instructions the work was undertaken a certificate and forward a
copy thereof to the Director.

(2) A certificate issued under paragraph (1) shall state-

(a)the address of the premises in which the work was carried out;

(b)a description of the fire service installation or equipment
concemed;

(ba) the date of the completion of the work;

(c) the nature of the work carried out; and

(d)whether or not the fire service installation or equipment is in
efficient working order.

(M) A certificate issued under paragraph (1) shall be signed by the
person authorized to do so under regulation 3A of the Fire Service
(Installation Contractors) Regulations and any person who signs a
certificate which is false or misleading in any material particular commits
an offence and is liable on conviction to a fine of

(3) Any registered contractor who-

(a) contravenes paragraph (1); or

(b)issues or forwards a certificate thereunder, or a copy thereof,
which is false or misleading in a material particular,

commits an offence and is liable on conviction to a fine of 52,000:

Provided that where the certificate was signed by a person other
than the registered contractor, the registered contractor shall





not be convicted of an offence under sub-paragraph (b) if he proves that
he exercised all due diligence to prevent the commission of the offence.

10. (1) The Director may, by notice in the Gazette, prescribe a Code
of Practice which shall govern the inspection and testing of fire service
equipment.

(2) Any fire service installation or equipment shall be deemed to be
in efficient working order if it complies with the requirements specified
by the Director in the Code of Practice prescribed under paragraph (1).

(3) The Code of Practice prescribed under paragraph (1) shall

(a)be published in the Gazette at least once in every year; and

(b)be made available for inspection by any person at all
reasonable times free of charge at the offices of the Fire
Services Department and at each fire station in Hong Kong.

11. The Director may authorize the Deputy Director or a Chief Fire
Officer to exercise any of the powers or duties conferred or imposed on
him by these regulations.

12. Any person who contravenes any of the provisions of
regulation 5, 6, 7 or 8 shall be guilty of an offence and shall be liable on
conviction to a fine of $2,000
L.N. 120/71. L.N. 269/78. L.N. 56/72. Citation. Interpretation. L.N. 269/78. Approval of portable equipment. List to be kept of approved portable equipment. Prohibition on sale of certain portable equipment. Installation of fire service installations of equipment. Maintenance or repair of fire service installations or equipment. L.N. 269/78. Duty of owners of fire service installations or equipment. Issue of certificates by registered contractors. L.N. 269/78. L.N. 269/78. (Cap. 95, sub. leg.) L.N. 269/78. Standard of inspection. Delegation of powers. Penalty.

Abstract

L.N. 120/71. L.N. 269/78. L.N. 56/72. Citation. Interpretation. L.N. 269/78. Approval of portable equipment. List to be kept of approved portable equipment. Prohibition on sale of certain portable equipment. Installation of fire service installations of equipment. Maintenance or repair of fire service installations or equipment. L.N. 269/78. Duty of owners of fire service installations or equipment. Issue of certificates by registered contractors. L.N. 269/78. L.N. 269/78. (Cap. 95, sub. leg.) L.N. 269/78. Standard of inspection. Delegation of powers. Penalty.

Identifier

https://oelawhk.lib.hku.hk/items/show/2425

Edition

1964

Volume

v7

Subsequent Cap No.

95

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:06:59 +0800
<![CDATA[FIRE SERVICE (INSTALLATION CONTRACTORS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2424

Title

FIRE SERVICE (INSTALLATION CONTRACTORS) REGULATIONS

Description






FIRE SERVICE (INSTALLATION CONTRACTORS)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
3. Application to be a registered contractor ... ... ... ... ... ... ... ... A 2
3A. Persons authorized to sign certificates issued under the Fire Service
(Installations

and Equipment) Regulations ... ... ... ... ... ... ... ... ... ... A 4 4. Classes of
registered contractors and minimum qualifications for registration ... A 4 4A.
Absence from Hong Kong or illness ... ... ... ... ... ... ... ... ... A 5 4B. Applicant passing
examination but failing interview ... ... ... ... ... ... A 5 4C. New workshop inspections ...
... . ... ... ... ... ... ... ... A 6 5. Register ... ... ... ... ... ... . ... ... ... ... ... ... ... A 6 6. Appeal
against decision of Director ... ... ... ... ... ... ... ... ... A 6 6A. Illness or absence from
Hong Kong ... 1 . ... ... ... ... ... . 1 ... A 7 7. Termination of service of qualified person ... ... ... ... ... ...
... ... A 7 8. Removal of name from the register ... ... ... ... ... ... ... ... ... ... A 7 SA.
Application for re-registration ... ... ... ... ... ... ... ... ... ... A 8 9. Appointment of
disciplinary board ... ... ... ... ... ... .. ... ... A 8 10. Disciplinary proceedings ... ... ... ...
... ... ... ... ... A 8

11. Powers of disciplinary board ..... ... ... ... ... ... ... ... A9

12. Appeal from disciplinary board ... ... ... ... ... ... ... ... ... ... A10
13. Contravention of regulation 4C, 6A or 7 an offence ... ... ... ... ... ... A 10
14. Registered contractor undertaking work outside his class ... ... ... ... ... A 10
is. Delegation of powers ... ... ... ... ... ... ... ... ... ... ... ... A 10
16. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 10
17. Fees paid not refundable ... ... ... ... ... ... ... ... ... ... ... ... A 10

First Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... A 10

Second Schedule. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 13





FIRE SERVICE (INSTALLATION CONTRACTORS)
REGULATIONS

(Cap. 95, section 25)

[1 June 1972.1

1. These regulations may be cited as the Fire Service (Installation
Contractors) Regulations.

2. In these regulations, unless the context otherwise requires

'applicant' means a person, company or firm that has applied for
registration as a fire service installation contractor under regulation
3(1) or (IA);

'class' means a class specified in regulation 4;

'interview', for the purposes of regulation 4(4), includes a practical test
and 'interviewing' shall be construed accordingly;

'portable equipment' means any fire service equipment which is
manufactured, used or designed to be used as an independent unit
for the purpose of extinguishing, attacking, preventing or limiting a
fire;

'register' means any register kept under regulation 5, and 'registered'
in relation to a name or address means the name or address entered
in the register;

'registered contractor' means a fire service installation contractor
registered under these regulations;

'workshop' means a workshop the address of which has been
forwarded to the Director under regulation 3(2)(b) or notified to him
under regulation 4C(1) and used by a registered contractor for the
purpose of these regulations.

3. (1) Any person, or any company or firm having at least a
director, partner or employee, as the case may be, who is

(a) 21 years of age or more;

(b) resident in Hong Kong; and

(c)holding the qualifications specified in regulation 4(2) or (3),

may apply to the Director in Form 1 in the First Schedule for registration
as a fire service installation contractor in class 1 or class 2, or in classes
1 and 2.

(IA) Any person, who is 21 years of age or more and resident in
Hong Kong, may apply to the Director in Form 2 in the First Schedule
for registration as a fire service installation contractor in





class 3 and the Director shall notify him of the day fixed for a written
examination or interview for the purposes of regulation 4(4) and for a workshop
inspection for the purposes of regulation 3(4)(d).

(2) An applicant shall forward with an application under paragraph (1) or
(I A)

(a)a list of equipment owned by the applicant for use in the
installation, maintenance, inspection or repair of fire service
installation or equipment; and

(b)the address of every workshop to be used by the applicant as a fire
service installation contractor,

and, subject to regulations 4A and 4B shall pay to the Director the appropriate
fee or fees in accordance with the Second Schedule for registration in class 1 or
class 2, or in classes 1 and 2 or for the purposes of a written examination,
interview and workshop inspection for registration in class 3, as the case may
be.

(3) An applicant seeking registration by virtue of the qualifications of an
employee shall indicate whether such employee is at the same time employed
by another registered contractor.

(4) As soon as practicable after the receipt of an application under
paragraph (1) or (IA), the Director shall determine if the applicant is fit to be
registered as a fire service installation contractor in the class or classes specified
in the application

(a)in the case of an application under paragraph (])(a), by satisfying
himself as to the evidence produced in accordance with regulation
4(2) or (3), as the case may be, relating to the applicant; or

(b)in the case of an application under paragraph (1)(b) or (c), by
satisfying himself as to the evidence produced in accordance with
regulation 4(2) or (3), as the case may be, relating to the director or
directors, employee or employees, or partner or partners, of the
applicant; or

(c)in the case of an application under paragraph (IA), by examining and
interviewing the applicant in accordance with regulation 4(4); and

(d)subject to paragraph (4A), by inspecting every workshop of the
applicant the address of which is forwarded with the application
under paragraph (2)(b).

(4A) If the Director is not satisfied with the workshop of an applicant
inspected under paragraph (4)(d) the Director shall notify the applicant that a
re-inspection of that workshop is required and on such notification the
applicant shall pay to the Director the appropriate fee in accordance with the
Second Schedule.

(5) In the case of an applicant seeking registration by virtue of the
qualifications of an employee who is at the same time employed by another
registered contractor, the Director may refuse the





application unless he is satisfied that the employee is capable of giving
to the applicant sufficient assistance to enable him to discharge his
duties as a registered contractor.

3A. (1) Persons authorized to sign a certificate issued under
regulation 9 of the Fire Service (Installations and Equipment)
Regulations shall be

(a)in the case of a company which is a registered contractor such
director, employee or other officer of such company as the
company may appoint;

(b) in the case of a firm which is a registered contractor-

(i) one of the partners thereof, or

(ii) an employee or partner authorized by the firm to sign
certificates when the partner responsible for signing under
sub-sub-paragraph (i) is for any reason unable to sign; and

(c) in any other case, the registered contractor.

(2) The registered contractor shall within 14 days of registration
notify the Director in writing of the names, status and specimen
signatures of persons authorized to sign certificates under paragraph
(1).

4. (1) The classes of registered contractors shall be-
Class L.Registered contractors who are fit to install, maintain, repair
and inspect any fire service installation or equipment (other
than portable equipment) which contains an electrical circuit
or other apparatus for the detection and warning, by alarm or
otherwise, of smoke or fire.
Class 2..Registered contractors who are fit to install, maintain, repair
and inspect any fire service installation or equipment (other
than portable equipment) which contains

(a)pipes and fittings designed or adapted to carry water or
some other fire extinguishing medium; or

(b)any type of electrical apparatus other than those
specified in class 1.
Class 3:Registered contractors who are fit to maintain, repair and
inspect portable equipment.

(2) An applicant for registration in class 1 shall produce evidence
to the Director that

(a)the applicant or at least one of the applicant's directors,
employees or partners holds a degree in electrical engineering
satisfying the examination requirements (Parts 1 and 11) of the
Council of Engineering Institutions for corporate membership
of the Institution of Electrical Engineers; and





(b)the applicant or at least one of the applicant's directors,
employees or partners-
(i) is the manufacturer or designer of an electrical
circuit or other apparatus, recognized by the Director, for
the detection by alarm or otherwise of smoke or fire; or
(ii) is an authorized agent for a manufacturer of the
type of apparatus specified in sub-paragraph (b)(i).
(3) An applicant for registration in class 2 shall produce
evidence to the Director that-

(a)the applicant or at least one of the applicant's directors,
employees or partners holds a Grade 1 plumber's licence
issued under the Waterworks Ordinance; and

(b)the applicant or at least one of the applicant's directors,
employees or partners holds a diploma from the Hong
Kong Polytechnic or a Technical Institute or a higher
certificate in electrical engineering or a qualification
recognized as equivalent to such a diploma or certificate by
the Director.

(4) An applicant for registration in class 3 shall satisfy the
Director at a written examination and at an interview that his
knowledge of the function and maintenance of portable equipment
and the regulations relating thereto made under the Ordinance is
adequate.

4A. (1) Subject to paragraph (2), an applicant for registration
in class 3 who satisfies the Director that he was absent from Hong
Kong, or was prevented by illness from attending, on the day fixed
by the Director for a written examination or interview for the
purposes of regulation 4(4) shall be entitled, without payment of a
further fee, to take the written examination or to attend at the
interview on such other day as may be fixed by the Director.

(2) For the purposes of satisfying the Director under para-
graph (1), the applicant shall produce to the Director such evidence
of the absence or illness as the Director may require.

(3) An applicant who fails to satisfy the Director under
paragraph (1) shall, on being notified of such failure by the Director,
pay to the Director the appropriate fee in accordance with the
Second Schedule before taking the written examination or attending
the interview, as the case may be.

4B. (1) Subject to paragraph (2), an applicant for registration
in class 3 who under regulation 4(4) satisfies the Director at a written
examination but who fails to satisfy the Director at an interview
under that regulation shall, on notification by the Director, be
entitled, on payment of the appropriate fee in accordance with the
Second Schedule, to attend a second interview on a day fixed by the
Director without first having to satisfy the Director at a written
examination.





(2) Regulation 3 shall apply to an applicant who fails to satisfy the
Director at the second interview in accordance with paragraph (1).

4C. (1) Subject to paragraph (2), a registered contractor shall notify the
Director in writing within 14 days of any change of the address of any
workshop used by the registered contractor and shall at the same time notify
the new address of the workshop.

(2) The registered contractor shall, on notifying the Director of any change
of the address of a workshop under paragraph (1), pay to the Director the
appropriate fee in accordance with the Second Schedule for a new workshop
inspection.

(3) The Director shall, on payment of the fee under paragraph (2) for a
new workshop inspection, inspect the workshop at the new address notified
under paragraph (1).

(4) If the Director is not satisfied with the workshop inspected under
paragraph (3) he shall notify the registered contractor that a re-inspection of
that workshop is required and on such notification the registered contractor
shall pay to the Director the appropriate fee in accordance with the Second
Schedule.

(5) Where a registered contractor notifies the Director of any change of the
address of a workshop under paragraph (1), he shall not undertake any work in
connexion with fire service installation or equipment during any period before
the new workshop is inspected under paragraph (3) or re-inspected under
paragraph (4) and is found to be satisfactory.

5. (1) The Director shall cause registers to be kept of all applicants whom
he has determined under regulation 3(4) to be fit to be registered as fire service
installation contractors.

(2) The full name and address of each registered contractor shall be entered
in the appropriate register kept in respect of his class.

(3) The Director may amend any entry in the registers.

(4) The entries in the registers shall-

(a) be published in the Gazette at least once in every year; and

(b)be made available for inspection by any person free of charge at all
reasonable times at the offices of the Fire Services Department and at
every fire station in Hong Kong.

6. (1) Any person aggrieved by any determination or decision of the
Director under regulation 3(4) or 5(3) may, within 14 days after the date when
such determination or decision has come to that person's notice, appeal by way
of petition to the Governor who may confirm, vary or reverse the determination
or decision.

(2) The decision of the Governor on the appeal shall be final.





6A. (1) Where a registered contractor registered in class 3 is
prevented from performing his duties by reason of illness or absence
from Hong Kong, he shall not permit any work to be undertaken on his
behalf in connexion with fire service installation or equipment during
the period of such illness or absence, except by another registered
contractor registered in that class.

(2) Where a registered contractor is registered in class 1 or class 2
or in classes 1 and 2 solely by virtue of the qualifications of his director,
employee or partner and that director, employee or partner is prevented
from performing his duties by reason of illness or absence from Hong
Kong, the registered contractor may undertake or continue to undertake
work in connexion with fire service installation or equipment during the
period of illness or absence, but shall not complete that work before that
director, employee or partner is able to inspect the work that was
undertaken during the period of illness or absence and to satisfy himself
and the registered contractor that that work was properly carried out.

(3) Nothing in paragraph (2) shall prohibit any work being
undertaken on behalf of a registered contractor registered in class 1 or 2
by another registered contractor registered in the same class.

7. (1) Subject to paragraph (2), a registered contractor registered by
virtue of the qualifications of a director, employee or partner, shall notify
the Director in writing when such director, employee or partner ceases
for any reason to be a director of, or employed by, or a partner of, the
registered contractor, as the case may be, within 14 days from the
termination of such directorship, employment or partnership.

(2) Where a director, employee or partner of a registered contractor
who is registered solely by virtue of the qualifications of that director,
employee or partner subsequently ceases to be such director, employee
or partner, as the case may be, but is immediately replaced by a person
holding qualifications specified in regulation 4(2) or (3), the registered
contractor shall notify the Director in writing within 14 days of such
replacement and shall produce to the Director the evidence of those
qualifications required of an applicant under that regulation.

(3) The name of a registered contractor who complies with

registered

paragraph (2) to the satisfaction of the Director shall not be removed
from the appropriate register under regulation 8(b).

(4) A registered contractor shall notify the Director in writing
within 14 days of any change of registered name or registered address.

(5) The registered contractor shall, on notifying the Director in
accordance with paragraph (2) or (4), pay to the Director the appropriate
fees in accordance with the Second Schedule.

8. The Director shall remove from the appropriate register the name
of any registered contractor





(a) who-

(i) dies; or

(ii) in the case of a firm or company, is dissolved;

(b)subject to regulation 7(3), who is registered solely by virtue of
the qualifications of a director, employee or partner who
subsequently ceases to be such director, employee or partner,
as the case may be;

(ba) whose workshop at the new address notified under regulation
4C(1) is inspected by the Director under regulation 4C(3) and
re-inspected under regulation 4C(4) and is, in the opinion of
the Director, unsatisfactory;

(e)who ceases, for any reason, to be a fire service installation
contractor; or

(d)subject to regulation 10(4), in compliance with an order made
by the disciplinary board under regulation 10(2)(a).

8A. Regulation 3 shall apply to an application for reregistration by
a registered contractor whose name has been removed from the register
under regulation 8(b), (ba) or (c).

9. (1) The Governor may appoint a disciplinary board which shall
inquire into and deal with any matters referred to it under regulation
10(1).

(2) The disciplinary board shall consist of-

(a)a member of the committee of the Fire Insurance Association
of Hong Kong nominated by that Association;

(b) a public officer nominated by the Building Authority;

(c) a public officer nominated by the Water Authority;

(d) a registered contractor nominated by the Director;

(e) the Director or his representative; and

(f) a legal adviser appointed by the Director.

(3) The Governor may appoint one of the persons specified in
paragraph (2) as chairman of the disciplinary board, and the legal
adviser shall conduct the proceedings under the director of the
chairman.

10. (1) If it appears to the Director that a registered contractor has
been convicted by any court of such an offence, or has been guilty of
such improper conduct or negligence in the installation, maintenance,
repair or inspection of any fire service installation or equipment, as to

(a) render him unfit to be on the register; or

(b)make his continued inclusion in the register prejudicial to the
due administration of the Ordinance,

the Director may refer the matter to the disciplinary board.





(2) If, after due inquiry, the disciplinary board is satisfied that
a registered contractor has been convicted of an offence or has been
guilty of improper conduct or negligence, of the kind mentioned in
paragraph (1), the disciplinary board may order-

(a)that the name of the registered contractor be removed,
either permanently or for such period as it thinks appro-
priate, from the register; or

(b) that the registered contractor be reprimanded.

(3) Subject to paragraph (4), the Director shall comply with
any order made under paragraph (2) and shall record the order in
the register.

(4) The Director shall not take any action in compliance with
an order made under paragraph (2)-

(a)if an appeal is lodged under regulation 12(1), until the
appeal is disposed of, or

(b)until the time within which an appeal may be lodged under
regulation 12(2) has expired.

11. (1) For the purposes of an inquiry the disciplinary board
shall have the following powers-

(a) to hear and examine witnesses on oath;

(b)to summon any person to attend any hearing of the
disciplinary board to give evidence or produce any docu-
ment or other thing in his possession and to examine him
as a witness or require him to produce any document or
other thing in his possession subject to all just exceptions;

(c)to order the inspection of premises in which any fire service
installation or equipment has been installed, maintained,
repaired or inspected; or

(d) to enter upon and view such premises.

(2) A witness summons shall be in such form as the chairman
of the disciplinary board shall direct and shall be signed by the
chairman.

(3) Any person who being summoned to attend as a witness
or to produce any document or any other thing at a hearing of the
disciplinary board refuses or neglects to do so or to answer any
questions put to him by or with the concurrence of the disciplinary
board shall be guilty of an offence and shall be liable on conviction
to a fine of $500 and to imprisonment for 3 months:

Provided that no person shall be bound to incriminate himself
and every witness shall in respect of any evidence given by him
before the disciplinary board be entitled to the same privileges to
which he would be entitled if giving evidence in civil proceedings
before the High Court.





(4) Any person who behaves in an insulting manner or uses any
threatening or insulting expression to or in the presence of the
disciplinary board shall be guilty of an offence and shall be liable on
conviction to a fine of $500 and to imprisonment for 3 months.

12. (1) A registered contractor who is aggrieved by an order made
in respect of him by a disciplinary board under regulation 10(2) may
appeal to the High Court which may confirm, reverse or vary the order
of the disciplinary board, and may exercise any power which the board
might have exercised.

(2) Notice of an appeal under paragraph (1) shall be given by the
registered contractor within 30 days from the date on which the order of
the disciplinary board is served upon him.

(3) Save as otherwise provided in these regulations, the practice in
relation to an appeal under this regulation shall be subject to any rules
of court made under the Supreme Court Ordinance.

(4) The decision of the High Court on the appeal shall be final.

13. Any person who contravenes regulation 4C(1) or (5), 6A or
7(1), (2) or (4) shall be guilty of an offence.

14. A registered contractor who undertakes any work in connexion
with fire service installations or equipment, except work of the class in
respect of which his name is entered in the register, shall be guilty of an
offence.

15. The Director may authorize the Deputy Director or a Chief Fire
Officer to exercise any of the powers or duties conferred or imposed on
him by these regulations.

16. Any person guilty of an offence under regulation 13 or 14 shall
be liable on conviction, to a fine of $2,000.

17. Any fee or fees paid in accordance with these regulations shall
not be refundable.

FIRST SCHEDULE[reg. 3(1) & (1A).]


FIRE SERVICE (INSTALLATION CONTRACTORS) REGULATIONS

(Regulation 3(1))


FORM I


APPLICATION FOR REGISTRATION AS A FIRE SERVICE
INSTALLATION CONTRACTOR CLASS 1 AND/OR CLASS 2





To: Director of Fire Services

I hereby make application to be registered as a Fire Service Installation
Contractor, Class 1 and/or Class 2.


1. Registered name of company or firm ...........................................................

2. Registered address of company or firm ........................................................

3. *Please tick where applicable.

4. Details of experience in installation, main- .................................
tenance, repair and inspection of fire service .................................
installation and equipment.................................

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

5. Name (in block letters) and telephone no. of .................................
the person to be contacted for any enquiry .................................
relating to this application.................................

6. I request to be registered under

Class 1 and/or Class 2


(Please tick where
applicable)
.................

Signature of applicant



Date ..........................................................

H m





FIRE SERVICE (INSTALLATION CONTRACTORS) REGULATIONS

(Regulation 3(1A))

FORM 2


APPLICATION FOR REGISTRATION AS A FIRE SERVICE
INSTALLATION CONTRACTOR CLASS 3


To: Director of Fire Services

I hereby make application to be registered as a Fire Service Installation Contractor Class 3.

1. Name of applicant
........................................................................................



2. Address of applicant ............................................ ............


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

3. Telephone No.
..........................
.......

4. Date of Birth ..............
..................

5. Identity Card No.
..........................
.......

6. Name and address of company or firm under
employment (if applicable) ..........................


.................................
7. Qualifications and experience of applicant in ..............
..................
maintenance, repair and inspection of fire ..............
..................
service installations and equipment..............
..................

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


Signature of applicant


(will be accepted as
specimen signature)



Date
..................................................
........







SECOND SCHEDULE [regs. 3, 4A,
4B, 4C 7.]
FEES

Class of
Item registered Details Fee Fee due and
contractor $ payable

1 Class 1, Class Registration (includ- 430 On submission of
2 or Classes 1 ing production of application for registration
& 2 evidence and initial (regulation 3(1) & (2))
workshop inspection)

2 Class 3 Written examination 230 (a) On submission of
application for registra-
tion for the first time
or following failure to
satisfy Director at 2
interviews (regulations
3(1 A) (2) 4B(2)
(b) On notification of fail-
ure to satisfy Director
as to absence from
Hong Kong or illness
(regulation 4A(3))

3 Class 3 Interview 290 (a) On notification to
attend an interview or
a second interview
(regulations 3(1A), (2)
& 4B(1))
(b) On notification of fail-
ure to satisfy Director
as to absence from
Hong Kong or illness
(regulation 4A(3))
4 Class 3 Workshop inspection 170 On notification of work-
shop inspection (regulation
3(1 A) & (2))
5 Class 1, Class Workshop 170 On notification of
2, Classes 1 re-inspection workshop re-inspection
2 or Class 3 (regulation 3(4A))

6 Class 1, Class New workshop 170 On notification by
2, Classes 1 inspection registered contractor of a
2 or Class 3 change of registered address
of a workshop (regulation
4C(1) & (2))
7 Class 1, Class New workshop 170 On notification of new
2, Classes 1 re-inspection workshop re-inspection
2 or Class 3 (regulation 4C(4))

8 Class 1, Class Change of registered 110 On notification by
2, Classes 1 name or registered registered contractor of a
2 or Class 3 address change of registered name
or registered address
(regulation 7(4) & (5))

9 Class 1, Class Change of qualified 130 On notification by
2, Classes 1 person registered contractor of a
and 2 change of qualified person
(regulation 7(2) & (5))
L.N. 121/71. L.N. 268/78. L.N. 263/86. L.N. 320/86. L.N. 56/72. Citation. Interpretation. L.N. 263/86. L.N. 263/86. L.N. 268/78. L.N. 263/86. L.N. 263/86. L.N. 263/86. Application to be a registered contractor. L.N. 268/78. L.N. 263/86. First Schedule, Form 1. L.N. 263/86. First Schedule, Form 2. L.N. 263/86. Second Schedule. L.N. 263/86. L.N. 263/86. L.N. 263/86. Second Schedule. L.N. 263/86. Persons authorized to sign certificates issued under the Fire Service (Installations and Equipment) Regulations. L.N. 263/86. (Cap. 95, sub. leg.) Classes of registered contractors and minimum qualifications for registration. L.N. 268/78. L.N. 263/86. (Cap. 102.) Absence from Hong Kong or illness. L.N. 263/86. Second Schedule. Applicant passing examination but failing interview. L.N. 263/86. Second Schedule. New workshop inspections. L.N. 263/86. Second Schedule. Second Schedule. Register. L.N. 268/78. L.N. 263/86. L.N. 263/86. Appeal against decision of Director. L.N. 268/78. Illness or absence from Hong Kong. L.N. 320/86. Termination of service of qualified person. L.N. 263/86. Second Schedule. Removal of name from the register. L.N. 268/78. L.N. 263/86. L.N. 263/86. L.N. 263/86. L.N. 263/86. Application for re-registration. L.N. 263/86. Appointment of disciplinary board. Disciplinary proceedings. L.N. 268/78. Powers of disciplinary board. Appeal from disciplinary board. (Cap. 4.) Contravention of regulation 4C, 6A or 7 and offence. L.N. 263/86. Registered contractor undertaking work outside his class. Delegation of powers. Penalties. Fees paid not refundable. L.N. 263/86. L.N. 268/78. L.N. 263/86. L.N. 263/86.

Abstract

L.N. 121/71. L.N. 268/78. L.N. 263/86. L.N. 320/86. L.N. 56/72. Citation. Interpretation. L.N. 263/86. L.N. 263/86. L.N. 268/78. L.N. 263/86. L.N. 263/86. L.N. 263/86. Application to be a registered contractor. L.N. 268/78. L.N. 263/86. First Schedule, Form 1. L.N. 263/86. First Schedule, Form 2. L.N. 263/86. Second Schedule. L.N. 263/86. L.N. 263/86. L.N. 263/86. Second Schedule. L.N. 263/86. Persons authorized to sign certificates issued under the Fire Service (Installations and Equipment) Regulations. L.N. 263/86. (Cap. 95, sub. leg.) Classes of registered contractors and minimum qualifications for registration. L.N. 268/78. L.N. 263/86. (Cap. 102.) Absence from Hong Kong or illness. L.N. 263/86. Second Schedule. Applicant passing examination but failing interview. L.N. 263/86. Second Schedule. New workshop inspections. L.N. 263/86. Second Schedule. Second Schedule. Register. L.N. 268/78. L.N. 263/86. L.N. 263/86. Appeal against decision of Director. L.N. 268/78. Illness or absence from Hong Kong. L.N. 320/86. Termination of service of qualified person. L.N. 263/86. Second Schedule. Removal of name from the register. L.N. 268/78. L.N. 263/86. L.N. 263/86. L.N. 263/86. L.N. 263/86. Application for re-registration. L.N. 263/86. Appointment of disciplinary board. Disciplinary proceedings. L.N. 268/78. Powers of disciplinary board. Appeal from disciplinary board. (Cap. 4.) Contravention of regulation 4C, 6A or 7 and offence. L.N. 263/86. Registered contractor undertaking work outside his class. Delegation of powers. Penalties. Fees paid not refundable. L.N. 263/86. L.N. 268/78. L.N. 263/86. L.N. 263/86.

Identifier

https://oelawhk.lib.hku.hk/items/show/2424

Edition

1964

Volume

v7

Subsequent Cap No.

95

Number of Pages

13
]]>
Tue, 23 Aug 2011 18:06:58 +0800
<![CDATA[FIRE SERVICES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2423

Title

FIRE SERVICES ORDINANCE

Description






LAWS OF HONG KONG

FIRE SERVICES ORDINANCE

CHAPTER 95





CHAPTER 95

FIRE SERVICES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ...................................................................................................................
.............................................3
2. Interpretation .......................... 3

PART II

CONSTITUTION, DUTIES AND
POWERS

3. Constitution 5
4. Terms of service of members of the Fire Services Department 5
5. Administration of Fire Services Department by Director 5
6. Delegation of powers 5
7. Duties of Fire Services Department 6
8. General powers of entry 6
9. Abatement of fire hazards 8
9A. Recovery of expenses incurred in carrying out work under section 9(3A) 13
9B. Obstruction and locking of means of escape 13
9C. Removal of obstruction or lock 14
9D. Interpretation in sections 9B and 9C is
10. Powers of Fire Services Department on occasion of fire 15
11. Power to fix fire hydrant and emergency water supply location plates 16

PART III

DISCIPLINE

12.........................................Offences against discipline generally 16
13.........................................Offences against discipline by senior officers 16
13A........................................Liability of subordinate officers and members of other ranks to summary
dismissal upon abscondment ..............16
14.........................................Offences against discipline by subordinate officer and member of other ranks 17
14A........................................Criminal offences by subordinate officers and members of other ranks 18
14B........................................Appeals and review 18
14C........................................Payment for loss or damage to property 19
15.........................................Penal deductions from emoluments 20
16.........................................Removal of doubt 20

17. [Repealed]............................................................
...................................................... 21





Section Page

PARTIV
WELFARE FUND

18. Establishment of fund .................21
19. Control of fund .......................21

19A........................................Interpretation of 'member' in sections 18 and 19 22

PART V
MISCELLANEOUS
20.........................................Fire Services Department orders 22
21.........................................Damage done at a fire 22
22.........................................Protection of members of Fire Services Department 23
23.........................................Special duty and expenses thereof 23
24.........................................[Repealed] 23
25.........................................Power to make regulations 23
26.........................................Amendment of Schedules 24
27.........................................Offences 24
28.........................................False alarms of fire 25

First Schedule..............................Offences against discipline 25
Second Schedule.............................Part I-Rules of procedure for the investigation into offences against
discipline by subordinate officers and members of other ranks 26
Part II-Rules for awarding punishment where a criminal offence has
been committed by a subordinate officer or a member of other ranks 27
Third Schedule..............................Punishment of subordinate officers and members of other ranks for
offences against discipline .......28
Fourth Schedule.............................Rights of appeal and related provisions 29
Fifth Schedule..............................Forms 30
Sixth Schedule..............................Ranks in the Fire Services Department 33
Seventh Schedule............................Posts specified for the purposes of section 3(2) 34





CHAPTER 95

FIRE SERVICES

To make better provision as to the constitution, duties and powers of
the Fire Services Department and as to the discipline of members
thereof and to make provision for the prevention of fire hazards
and for a welfare fund; and to regulate the registration of fire
service installation contractors and to provide for the control of
the sale, supply, installation, repair, maintenance and inspection
of fire service installations or equipment; and for purposes
connected with the matters aforesaid.

(Amended, 42 of 1961, s. 2; 1 of 1964, s. 2, and 45 of 1971, s. 2)

[13 August 1954.1

PART I

P1. This Ordinance may be cited as the Fire Services Ordinance.
(Amended, 42 of 1961, s. 3)

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

'calamity' means an occurrence by which life or property is
endangered; (Added, 1 of 1961, s. 2)

'Director' means the Director of Fire Services; (Replaced, 42 of
1961,s.2)

'fire hazard' means

(a) (b) [Deleted, 4 of 1985, s. 2]

(c)any removal from any building of any fire service installation
or equipment which was provided in such building in
accordance with plans certified by the Director for the
purposes of section 16 of the Buildings Ordinance;

(d)the presence in any building of any fire service installation or
equipment which from lack of proper maintenance or for any
other reason is not in efficient working order; (Amended, 56 of
1969, s. 2)





(e)inadequate means of egress from any premises in a building to
street level outside the building or using such means of egress
for a purpose which gives rise to any circumstance described
in paragraph (f); (Added, 56 of 1969, s. 2. Amended, 29 of
1975, s. 2)

(f)any other matter or circumstance which materially increases the
likelihood of fire or other calamity or the danger to life or
property that would result from the outbreak of fire or the
occurrence of any other calamity, or which would materially
hamper the Fire Services Department in the discharge of its
duties in the event of fire or other calamity;

(Added, 1 of 1964, s. 3)

'fire service installation or equipment' means any installation or
equipment manufactured, used or designed to be used for the
purposes of

(a) extinguishing, attacking, preventing or limiting a fire;

(b) giving warning of a fire;

(c)providing access to any premises or place for the purpose of
extinguishing, attacking, preventing or limiting a fire; (Added,
45 of 1971, s. 3)

'Hong Kong Regulations' means the Regulations of the Hong Kong
Government;

'member' means a person holding any rank in the Fire Services
Department set out in the Sixth Schedule; (Replaced, 29 of
1975,s.2)

'member of other ranks' means a member holding a rank set out in Part
III of the Sixth Schedule; (Added, 29 of 1975, s. 2)

,,occupier' means in the case of domestic buildings a person resident
therein and in the case of other buildings means a person carrying
on an occupation full-time in such building; (Added, 29 of 1975, s.
2)

,,owner'

(a)in respect of any premises, has the meaning assigned to it by
section 2 of the Buildings Ordinance; and

(b)in respect of any fire service installation or equipment, includes
the occupier or the owner of the premises in or on which the
fire service installation or equipment is installed or kept;
(Replaced, 45 of 1971, s. 3)

'premises' includes any place, but excludes any vessel; (Added, 1 of
1964, s. 3. Amended, 55 of 1981, s. 2)

'senior officer' means a member holding a rank set out in Part 1 of

the Sixth Schedule;(Replaced, 29 of 1975, s. 2)





'subordinate officer' means a member holding a rank set out in Part II
of the Sixth Schedule; (Replaced, 29 of 1975, s. 2)

'tenant' includes sub-tenant; (Added, 54 of 1986, s. 2)

,'vessel' includes-

(a)any ship, junk, boat, dynamically supported craft, seaplane or
any other description of vessel used in navigation; and

(b)any other description of vessel not used in navigation or not
constructed or adapted for use in navigation. (Added, 55 of
1981, s. 2)

PART 11

CONSTITUTION, DUTIES AND POWERS

3. (1) The Fire Services Department shall consist of such senior
officers, subordinate officers and members of other ranks as the
Governor may direct.

(2) A person holding a post in the Fire Services Department
specified in the Seventh Schedule shall be deemed to be a member of
the Department for the purposes of sections 6(2), 22, 23, 27(1) and 28.
(Amended, 4 of 1986, s. 2)

(Replaced, 29 of 1975, s. 3)

4. The Pensions Ordinance and the Pensions Regulations the
Public Service Commission Ordinance and the Public Service Com-
mission Regulations, Colonial Regulations and Hong Kong
Regulations for the time being in force, save in so far as is otherwise
provided therein or in this Ordinance or in any regulations made under
this Ordinance, shall apply to all members. (Amended, 15 of 1979,s.8)

5. The Director, subject to the orders and control of the Governor,
shall be charged with the supreme direction and administration of the
Fire Services Department.

(Amended, 42 of 1961, s. 2)

6. (1) Save where the contrary intention appears from the context of
any enactment and subject to any special instructions of the Director, a
Deputy Director of Fire Services may exercise or discharge any of the
powers or duties which the Director by any enactment is entitled to
exercise or required to discharge.

(2) Save where the contrary intention appears from the context of
any enactment and subject to any special instructions of the Governor,
the Director may authorize any member, not being below the rank of
subordinate officer, by name, office or appointment, to exercise or
discharge any of the powers or duties which the Director by any
enactment is entitled to exercise or required to discharge. (Amended, 29
of 1975, s. 4)





(3) For the avoidance of doubt, nothing in this section shall be
deemed to derogate from any power of delegation conferred upon the
Director by the provisions of any other enactment.

(Replaced, 42 of 1961, s. 4)

7. The duties of the Fire Services Department shall be to-

(a) extinguish fires; (Replaced, 55 of 1981, s. 3)

(b) protect life and property in case of fire or other calamity;

(Replaced, 55 of 1981, s. 3)

(c)give advice on fire protection measures and fire hazards as
occasion requires; (Replaced, 55 of 1981, s. 3)

(d)assist any person who appears to need prompt or immediate
medical attention by

(i) securing his safety;

(ii) resuscitating or sustaining his life;

(iii) reducing his suffering or distress;

(e) convey-

(i) any person referred to in paragraph (d) to a hospital or
other place where medical attention is available to him; and

(ii) in co-operation with the proper authorities, any person
to or from any hospital or clinic to or from any other place,
and administer care and attention to any person so conveyed;

(,f carry out such other duties as may be imposed on it by law or
by any direction of the Governor; and

(g)do any thing which is necessary or desirable to carry out
effectively any duty which is specified in this section or
imposed under paragraph (f).

(Replaced, 29 of 1975, s. 5)

8. (1) Subject to this section, the Director or any person authorized
by him in writing on producing, if so required, the writing showing his
authority, shall have a right to enter any premises at all reasonable
hours for the purpose of

(a)ascertaining whether there is, or has been, on or in connexion
with the premises, any contravention of any of the provisions
of this Ordinance;

(b)obtaining information required for fire-fighting purposes with
respect to the character of the premises, the available water
supplies and the means of access thereto, and other material
circumstances;

(c) ascertaining whether or not there exists any fire hazard;





(d)the performance by the Director or by the Fire Services
Department of his or its powers or duties under any enactment:

Provided that the Director, or any person authorized by him in
writing, shall not exercise the right of entry conferred by this subsection
in respect of such premises as are not a place of public entertainment or
public assembly, factory, workshop or workplace nor premises
otherwise used for business purposes, unless 24 hours' notice in
writing of the intended entry has been given to the occupier.

(2) If it is shown to the satisfaction of a magistrate or justice of the
peace on sworn information in writing

(a)that admission to any premises has been refused, or that
refusal is apprehended, or that the premises are unoccupied or
the occupier is temporarily absent, or that the case is one of
urgency, or that an application for admission would defeat the
object of the entry; and

(b)that there is reasonable ground for entry into the premises for
any purpose specified in subsection (1); and

(c)the notice of the intention to apply for the warrant has been
given to the occupier of the premises, or that the premises are
unoccupied, or that the occupier is temporarily absent, or that
the case is one of urgency, or that the giving of such notice
would defeat the object of the entry,

the magistrate or justice of the peace may by warrant in the form of Form
1 in the Fifth Schedule authorize the Director, or any person authorized
by the Director in writing in that behalf, to enter the premises, if need be
by force. (Amended, 29 of 1975, s. 6)

(3) The Director or any person entering any premises by virtue of
this section, or of a warrant issued hereunder, may take with him such
persons as may be necessary, and on leaving any unoccupied premises
which he has entered by virtue of such a warrant shall leave them as
effectually secured against trespassers as he found them to be at the
time of entry.

(4) Every warrant granted under this section shall continue in force
until the purpose for which the entry is necessary has been satisfied.

(5) If any person who, in compliance with this section or a warrant
issued hereunder, enters a factory, workshop, workplace or premises
used for business purposes discloses to any person any information
obtained by him in the factory, workshop or workplace or premises used
for business purposes with regard to any manufacturing process or
trade secret, he shall, unless such disclosure was made in the
performance of his duty, be guilty of an offence and shall be liable to a
fine of $5,000. (Amended, 25 of 1982,s.2)

(Added, 1 of 1964, s. 4)





9.(1) (a) The Director, if satisfied of the existence in or on any
premises of any fire hazard, may serve

(i) upon the person by reason of whose act, default or
sufferance the fire hazard arose or continues; or

(ii) if such person is the servant or agent of some other
person, upon such other person; or

(iii) if such person or such other person, as the case may
be, cannot readily be found or is absent from the Colony,
upon the owner, tenant, occupier or person in charge of the
premises in or on which such fire hazard exists,

a notice in the form of Form 2 in the Fifth Schedule (in this
section referred to as a fire hazard abatement notice) requiring
him to abate the fire hazard within the period specified in the
notice, and to do all such things as may be necessary for that
purpose, and the notice may, if the Director thinks fit, specify
any works to be executed for the purpose aforesaid.
(Amended, 56 of 1969, s. 3 and 54 of 1986,s.3)

(b) [Deleted, 54 of 1986, s. 31

(c)Any notice served under this section may be served by
registered post. (Added, 56 of 1969, s. 3)

(IA) The Director may, by notice in writing served either
personally or by registered post, require

(a)any person upon whom he serves a notice under subsection
(1); or

(b)any person whom he reasonably suspects of being the person
by reason of whose act, default or sufferance the fire hazard
arose, or continues,

to give correct particulars of his name and address and produce proof
of his identity to the Director before the expiry of such time being not
less than 24 hours as may be specified in the notice.

(Added, 54 of 1986, s. 3)

(IB) The reference in subsection (IA) to a person's identity shall be
construed in accordance with the definition of 'proof of identity' in
section 17B of the Immigration Ordinance. (Added, 54 of 1986, s. 3)

(1 C) Any person who-

(a)without reasonable excuse, fails to comply with a requirement
under subsection (IA) before the expiry of the time specified in
the notice; or

(b)furnishes particulars which he knows to be false in connexion
with a requirement under subsection (IA),

shall be guilty of an offence and shall be liable to a fine of $5,000.
(Added, 54 of 1986, s. 3)





(2) Where the person by reason of whose act, default or
sufferance a fire hazard arose or continues cannot be found and it is
clear that the fire hazard neither arose nor continues by reason of
any act, default or sufferance on the part of the owner, tenant,
occupier or person in charge of the premises in or on which it
exists, the Director may abate the hazard and may do what is
necessary to prevent a recurrence thereof. (Amended, 54 of
1986,s.3)

(3) Where a fire hazard abatement notice is served on any
person pursuant to subsection (1), then, if either-

(a)the fire hazard to which the notice relates arose by reason
of the wilful act or default of that person; or

(b)that person fails to comply with any of the requirements of
the notice within the time specified therein,

he shall (whether or not an order under subsection (4) has been made
in respect of him) be guilty of an offence and shall be liable to a fine
of 525,000 and, where the offence is the failure to comply with any
of the requirements of a notice within the time specified therein,
to a fine of $2,500 for each day during which the offence continues.
(Amended, 25 of 1982, s. 3)

(3AA) Where at any time any person is convicted of an offence
under subsection (3), the magistrate may of his own motion or upon
the application of the Director, make an order in respect of that
person in Form 3 in the Fifth Schedule (in this section referred to
as a 'fire hazard order'). (Added, 54 of 1986, s. 3)

(3AB) A fire hazard order shall be in addition to any penalty
imposed in respect of an offence under subsection (3). (Added,
54 of 1986, s. 3)

(3A) Where a fire hazard abatement notice is served on any
person under subsection (1) and-

(a) that person-
(i) fails to abate the fire hazard within the time specified
in the notice; or
(ii) causes, permits or suffers the fire hazard to recur at
any time within a period of 12 months after the date of
service of the notice; and

(b)the Director is satisfied that the fire hazard to which the
notice relates-
(i) constitutes an immediate and substantial danger of
fire in or on the premises; or
(ii) is likely, if fire breaks out in or on the premises, to
increase substantially the normal risk to life which occurs
in the event of a fire,

the Director may cause to be carried out in or on the premises such
work as appears to him to be necessary to abate the fire hazard and
to prevent a recurrence thereof.(Replaced, 54 of 1986, s. 3)





(M) Notwithstanding section 6, the Director may authorize
the Deputy Director or any Chief Fire Officer to exercise the powers
and duties conferred on him by subsection (3A) but he shall not be
empowered to authorize any other person to exercise any of those
powers or duties. (Added, 56 of 1969, s. 3)

(4) Where a fire hazard abatement notice is served on any
person under subsection (1) and-

(a)whether or not that person has been convicted of an
offence under subsection (3) he fails to comply with any of
the requirements of the notice within the time specified
therein; or

(b)the fire hazard, whether or not abated since the service of
the notice, recurs, or is in the opinion of the Director likely
to recur,

the Director may make a complaint to a magistrate's court and the
magistrate hearing the complaint may make a fire hazard order in
Form 3 in the Fifth Schedule. (Replaced, 54 of 1986, s. 3)

(4A) Where any person upon whom a fire hazard abatement
notice is served under subsection (1) causes, permits or suffers the
fire hazard to recur at any time within a period of 12 months after
the date of service of the notice, he shall be guilty of an offence
and shall be liable on conviction to a fine of 525,000 and to a fine of
$2,500 for each day during which the offence continues. (Added,
54 of 1986, s. 3)

(5) A fire hazard order may be-

(a)an abatement order, that is to say, an order which requires
a person to comply with all or any of the requirements of a
fire hazard abatement notice in connexion with which the
order is made, or otherwise to abate the fire hazard or to
do what may be necessary to prevent the recurrence of the
fire hazard within the period specified in the order; or

(b)a prohibition order, that is to say, an order which prohibits
the recurrence of the fire hazard; or

(c) [Deleted, 54 of 1986, s. 3]

(d) a combination of such orders.

(6) [Deleted, 54 of 1986, s. 3]

(7) An abatement order or a prohibition order shall, if the
person in respect of whom the order is made so requires or if the
court making the order considers it desirable, specify the works to be
executed by such person for the purpose of abating, or of preventing
the recurrence of, the fire hazard to which the order relates.

(7A) Where a fire hazard abatement notice is served on any
person under subsection (1) and it is proved to the satisfaction of a
magistrate's court on the sworn information of the Director that-





(a)not less than 24 hours notice in writing served either
personally or by registered post of intention to swear the
information was given by the Director to the person upon
whom a notice was served under subsection (1); and

(b)the fire hazard continues and the cause of the fire hazard is the
structural character of the premises concerned or the location
of the premises having regard to the nature of the area in
which the premises are situate; and

(c)the premises are being used for a purpose which may
materially increase the likelihood of fire or other calamity or
danger to life or property resulting from the outbreak of fire or
the occurrence of any other calamity in or on the premises,

the magistrate may make an order in Form 3A in the Fifth Schedule (in
this section referred to as a 'closing order') prohibiting the use of the
premises for the purpose specified therein. (Added, 54 of 1986,s. 3)

(8) A magistrate's court if satisfied that any premises in respect of
which a closing order is in force has been rendered suitable for the use
specified in the order may declare that it is so satisfied and revoke the
closing order. (Amended, 56 of 1969, s. 3)

(9)(a) Any person who without reasonable excuse knowingly
contravenes a fire hazard order or a closing order shall be
guilty of an offence and shall be liable to a fine of $50,000 and
to a fine of $5,000 for each day during which the offence
continues. (Amended, 25 of 1982, s. 3 and 54 of 1986, s. 3)

(b)Without prejudice to paragraph (a), where a fire hazard order
has not been complied with the Director may, subject to
subsection (1 10)(c), abate the fire hazard and may do
whatever may be necessary in execution of the order, and may
recover any expenses reasonably incurred thereby from the
person against whom the order was made.

(10) Part VII of the Magistrates Ordinance shall apply in relation to
proceedings in a magistrate's court under this section subject to the
following provisions

(a)in the event of an appeal against a fire hazard order or a
closing order, the order shall be suspended pending the
determination or abandonment of the appeal and, in the case
of an order other than an order quashed in the appeal, the time
for compliance with the requirements thereof shall not
commence to run until the determination or abandonment of
the appeal; (Amended, 54 of 1986, s. 3)





(b)in the case of a fire hazard order which is or includes a
prohibition order or requires structural works or a closing
order, if the appeal is dismissed or abandoned, then,
notwithstanding paragraph (a), the appellant shall be liable to
a fine of $5,000 for each day, during which the order was not
complied with, after the expiry of the time that would have
been permitted for compliance with the requirements of the
order if there had been no appeal against the order, until the
day immediately preceding the day of the dismissal or
abandonment of the appeal, unless he satisfies the court
hearing the appeal in the case of an appeal which is dismissed,
or the court before which proceedings are taken for the
recovery of the fine in the case of an appeal which was
abandoned, that there was substantial ground for the appeal
and that the appeal was not brought merely for the purpose of
delay; and in the case of an appeal which is dismissed, the
fine (if any) imposed under this paragraph shall be imposed by
the court hearing the appeal, and in the case of an appeal
which was abandoned the maximum fine of $5,000 for each day
aforesaid shall, for the purpose of proceedings for the
recovery thereof, be deemed to have been imposed by the
court before which such proceedings are taken but so,
however, that the court may reduce or cancel the amount of
the fine if it sees fit; (Amended, 54 of 1986, s. 3)

(c)in the event of an appeal against a fire hazard order which
requires the execution of structural work, no work, save as
hereinafter mentioned, shall be done pursuant to subsection
(9)(b) under the order until after the determination or
abandonment of the appeal:

Provided that, if the court by which the order was made
is of opinion that the nature of the fire hazard is such as to
require immediate abatement, the court may, notwithstanding
that the appeal is pending, authorize the Director immediately
to abate the hazard, so, however, that

(i) if the appeal is allowed, the Director shall pay to the
person against whom the order was made the amount of any
damage sustained by him by reason of the abatement of the
hazard by the Director; and

(ii) if the appeal is dismissed or abandoned the Director
may recover from such person the expenses incurred by him
in abating the hazard.

what is necessary to prevent the recurrence of, a fire hazard
may be sold by public auction, or, if the Director thinks the
circumstances of the case require it, may otherwise be sold, or
may be disposed of without sale.





(b)The money arising from the sale of any property under this
subsection may be retained by the Director and applied in
payment of the expenses incurred by him in connexion with the
abatement of the fire hazard and the surplus, if any, shall be
paid

(i) to the owner of such property if he applies therefor
within 12 months of the date of sale; or

(ii) into the general revenue of the Colony if, or to the extent
to which, the surplus is not disposed of under sub-paragraph
(i).

(Added, 1 of 1964, s. 4. Amended, 29 of 1975, s. 7)

9A. (1) The expenses incurred by the Director in carrying out work
under section 9(3A) shall be a debt due to the Crown and, subject to
subsection (2) of this section, shall be recoverable in the District Court
from the person upon whom the fire hazard abatement notice was
served.

(2) It shall be a defence for any person against whom an action is
brought under subsection (1) to satisfy the court that

(a)the fire hazard to which the fire hazard abatement notice relates

(i) did not constitute an immediate and substantial danger
of fire in or on the premises where the fire hazard was found;
and

(ii) was not likely, if fire had broken out in or on the
premises, to increase substantially the normal risk to life
which occurs in the event of a fire; or (Amended, 29 of
1975,s.8)

(b)the fire hazard was due to the act or omission of some person
other than the person upon whom the fire hazard abatement
notice was served.

(3) Nothing in this section shall be construed as affecting any right
which the person upon whom a fire hazard abatement notice has been
served may have to a contribution, indemnity or damages from any
other person.

(Added, 56 of 1969, s. 4)

9B. (1) Any person-

(a) who sets out or leaves or causes to be set out or left; or

(b)who being the owner, tenant, occupier or person in charge of
any premises permits or suffers to be set out or left,

any matter or thing which obstructs or may obstruct the means of
escape in any premises shall be guilty of an offence.





(2) Any person-

(a) who secures or causes to be secured; or

(b)who being the owner, tenant, occupier or person in charge of
any premises permits or suffers to be secured,

the means of escape in any premises by any lock or other device which
in the event of fire or other calamity--

(i) cannot readily and conveniently be opened from within the
premises without the use of a key; or

(ii) might render escape materially more difficult,

shall be guilty of an offence.

(3) Any person who is guilty of an offence under subsection (1) or
(2) shall be liable

(a) on first conviction to a fine of $25,000;

(b)on second or subsequent conviction, to a fine of $50,000 and
imprisonment for 1 year; and

(c)in any case to a fine of $5,000 for each day during which the
offence continues.

(4) In any proceedings under subsection (3), a document
purporting to be a certificate signed by the Director stating that the
person named in the certificate was on a date specified in the certificate
convicted of an offence contrary to subsection (3) shall be admitted in
evidence on its production without further proof, and until the contrary
is proved it shall be presumed that

(a) the person who signed the certificate was the Director; and

(b)the person named in the certificate was on the date specified
therein convicted of an offence contrary to subsection (3).

(Added, 54 of 1986, s. 4)

9C. (1) Where at any time any person is convicted of an offence
under section 9B, the court may of its own motion or upon the
application of the Director, make an order in respect of that person in
Form 4 in the Fifth Schedule (in this section referred to as a 'removal
order').

(2) A removal order shall be in addition to any penalty imposed in
respect of an offence under section 9B.

(3) A removal order shall require the person in respect of whom it is
made within the time specified in the order

(a)where that person is convicted of an offence under section
9B(1), to remove the matter or thing to which that offence
relates; or

(b)where that person is convicted of an offence under section
9B(2), to remove the lock or other device to which that offence
relates.





(4) If the person in respect of whom a removal order is made fails to
comply with any requirement thereof, within the time specified therein

(a)such person shall be guilty of an offence and shall be liable
on conviction to a fine of $50,000 and to a fine of $5,000 for
each day during which the offence continues; and

(b)the Director may execute, or cause to be executed any work
necessary to give effect to the requirements of the removal
order and may recover in the District Court any expenses
incurred thereby from such person as a debt due to the
Crown.

(Added, 54 of 1986, s. 4)

9D. In sections 9B and 9C-

'matter or thing' in relation to any premises, means any matter or thing
not being an installation, fitting or fixture required by the use or
intended use of the premises; and

'means of escape' in relation to any premises, means such means of
escape in case of emergency as may be required for the safety of
persons having regard to the use or intended use of the premises.

(Added, 54 of 1986, s. 4)

10. The Director or other member in charge of the Fire Services
Department or any contingent thereof on the occasion of a fire or other
calamity may- (Amended, 1 of 1961, s. 4; 42 of 1961, s. 2, and 29 of 19
75, s. 9)

(a)take such measures as may appear to him to be necessary or
expedient for the protection of life and property;

(b)remove or order any member under his command to remove
any person interfering by his presence or actions with the
operations of the Fire Services Department; (Amended, 42 of
1961, s. 2)

(c)by himself or members under his command enter, break into or
through and take possession of or demolish or cause to be
taken possession of or demolished any premises or thing for
the purpose of putting an end to the fire or minimizing the
effect of the calamity; (Amended, 1 of 1961,s.4)

(d) close any street near the site of the fire or calamity;

(Amended, 1 of 1961, s. 4)

(e) use any convenient supply of water.





11. (1) Upon giving 7 days' notice in writing to the owner of
any property situate in the vicinity of a fire hydrant or emergency
water supply, the Director may cause a plate indicating the location
of such fire hydrant or water supply to be fixed to such part of the
property as may, in the opinion of the Director, be best suited to
indicate such location. (Amended, 42 of 1961, s. 2)
(2) Any person who refuses to allow the fixing of any such
plate as is referred to in subsection (1) or obstructs any person in the
course of the fixing thereof or removes or defaces any such plate
after it has been so fixed shall be guilty of an offence and shall be
liable to a fine of $1,000.
(Added, 1 of 1961, s. 5)

PART 111

DISCIPLINE

12. Any member who commits any of the offences against
discipline specified in the First Schedule shall be liable to be
dismissed or otherwise dealt with as provided in this Ordinance and
in regulations made thereunder.
(Amended, 33 of 1956, s. 2)

13. Whenever it is alleged that any senior officer has been guilty
of an offence against discipline or whenever an investigation is being
undertaken into any conduct which may amount to the commission
of an offence against discipline by a senior officer- (Amended, 50
of 1978, s. 2)
(a)the provisions of Colonial Regulations and Hong Kong
Regulations which relate to interdiction shall apply;

(b)the matter shall be investigated and the senior officer dealt
with in the appropriate manner provided by the said
regulations and orders for allegations of misconduct made
against a public officer.

13A. (1) Where a subordinate officer or member of other
ranks is absent from duty without leave for a period exceeding 21
days and the Director is satisfied that-

(a)the subordinate officer or member of other ranks cannot be
traced; or

(b)on being required by notice in writing (sent to an address
or addresses through which it may be reasonably expected
to reach him) to give, within the period specified in the
notice, an excuse for his absence, the subordinate officer or
member of other ranks has failed to give any excuse or to
give an excuse that is acceptable,

the Director may dispense with an investigation and summarily
dismiss the subordinate officer or member of other ranks.





(2) Where a subordinate officer or member of other ranks is
summarily dismissed by the Director pursuant to subsection (1), he
may appeal against such dismissal in accordance with the Fourth
Schedule.
(Added, 55 of 1981, s. 4)

14. (1) The Director may interdict a subordinate officer or
member of other ranks from the exercise of the powers and functions
of his office whenever---

(a) he is charged with an offence against discipline; or

(b)an investigation is being undertaken into any conduct
which may amount to the commission of an offence
against discipline and the Director considers that it is
contrary to the public interest for the subordinate officer or
member of other ranks to continue to exercise the powers
and functions of his office.

(2) A subordinate officer or member of other ranks who is
interdicted under subsection (1)(b) shall be entitled until such time as
he is charged with a disciplinary offence to the full amount of the
emoluments of his office which he would have received if he had not
been interdicted.

(3) A subordinate officer or member of other ranks who-

(a) is interdicted under subsection (1)(a); or

(b)having been interdicted under subsection (1)(b), is charged
with a disciplinary offence,

shall receive such proportion of the emoluments of his office, not
being less than one-half, as the Director thinks fit.

(4) Whenever it is alleged that a subordinate officer or member
of other ranks has committed a disciplinary offence, investigation
shall be made into the allegation in the manner provided for by Part
1 of the Second Schedule and punishment may be awarded in
accordance with the provisions of the Third Schedule.

(5) Notwithstanding section 6(2), the Director shall not
authorize any other member to exercise the power of dismissal
conferred on him by the Third Schedule.

(6) If proceedings against a subordinate officer or member of
other ranks do not result in any punishment he shall be entitled to
the full amount of the emoluments which he would have received if
he had not been interdicted.

(7) If a punishment other than dismissal is awarded, any
subordinate officer or member of other ranks may be paid such
proportion of the emoluments withheld as a result of his interdiction
as the Governor thinks fit where the punishment is imposed by the
Governor or as the Director thinks fit in every other case.





(8) A subordinate officer or member of other ranks who is under
interdiction may not leave Hong Kong without the permission of the
Director.

(Replaced, 50 of 1978, s. 3)

14A. (1) If criminal proceedings have been, or are likely to be,
instituted against a subordinate officer or member of other ranks, or an
investigation is being undertaken into any conduct which may amount
to the commission of a criminal offence by such officer or member, he
may be interdicted and paid emoluments in accordance with section 14
which shall (except subsection (4)) apply, with all necessary
modifications, to an interdiction under this subsection.

(2) If in criminal proceedings before any court a subordinate officer
or member of other ranks is found guilty of or pleads guilty to a criminal
offence and any appeal in or other application for review of those
proceedings is not allowed or is withdrawn, the officer or member may
be punished in accordance with Part 11 of the Second Schedule.
(Amended, L.N. 262178)

(3) Notwithstanding subsection (1), a subordinate officer or
member of other ranks who is found guilty of or pleads guilty to a
criminal offence which in the opinion of the Director is serious enough
to warrant his dismissal shall not, as from the time when he is found or
pleads guilty as aforesaid or when he is interdicted (whichever is the
later), be paid any emoluments of his office pending consideration of
the case in accordance with Part 11 of the Second Schedule.

(4) In this section, 'criminal proceedings' and 'criminal offence'
include respectively--

(a) criminal proceedings in, and

(b) a criminal offence against the law of,

any place outside Hong Kong.

(Replaced, 50 of 1978, s. 4)

14B. (1) The provisions in the Fourth Schedule shall have effect for
the purpose of

(a)conferring on a subordinate officer or a member of other ranks
the rights of appeal against a finding or punishment set out in
that Schedule; and

(b)making provision as to the bringing and disposal of such
appeals and the procedure therefor.

(2) Any restriction in law on the power of the Governor to delegate
the hearing of an appeal shall not apply to an appeal referred to in
subsection (1).

(3) Where a subordinate officer or member of other ranks has been
found guilty of a disciplinary offence and has been punished by the
Director or another member, the Director may, of his own





motion, within 14 days of the finding or the punishment (if it was
awarded on a later day), and in accordance with the provisions of
the Fourth Schedule, review the finding or punishment or both, and
within 14 days of the punishment he may review the punishment
awarded following a plea of guilty to a disciplinary offence.
(Added, 29 of 1975, s. 11)

14C. (1) Where the Governor or the Director has found a
subordinate officer or member of other ranks guilty of an offence
against discipline, the Governor or the Director may, in addition to
any punishment that the Governor or the Director is empowered to
award in accordance with the provisions of the Third Schedule,
order such subordinate officer or member of other ranks to pay to
the Government in full or in part-

(a)the cost of repairing or replacing any article of clothing,
equipment or property whatsoever entrusted or supplied to
him in his capacity as a subordinate officer or member of
other ranks which has been lost or damaged by him;

(b)the cost of repairing or replacing any Government pro-
perty lost or damaged by him; or

(c)the amount of any compensation paid, ex gratia or other-
wise, by the Government to any person in respect of the
loss or damage of that person's property caused by the
subordinate officer or member of other ranks,

but only in each case if the loss or damage has resulted from the
neglect or fault of such subordinate officer or member of other ranks
and the amount ordered to be paid does not exceed his salary for one
month.

(2) The Director may require a subordinate officer or member
of other ranks to pay to the Government in full or in part-

(a)the cost of repairing or replacing any article of clothing,
equipment or property whatsoever entrusted or supplied to
him in his capacity as a subordinate officer or member of
other ranks which has been lost or damaged by him;

(b)the cost of repairing or replacing any Government pro-
perty lost or damaged by him; or

(c)the amount of any compensation paid, ex gratia or other-
wise, by the Government to any person in respect of the
loss or damage of that person's property caused by the
subordinate officer or member of other ranks,

but only in each case if the loss or damage has resulted from the
neglect or fault of such subordinate officer or member of other ranks
and the amount ordered to be paid does not exceed his salary for
one month.





(3) For the purpose of enabling due inquiry to be made as to
whether a subordinate officer or member of other ranks should be
required to pay any amount under subsection (2), affording him due
opportunity to make representations and enabling any requirement
under that subsection to be appealed against and reviewed, Part III
shall apply mutatis mutandis to and in respect of such a requirement
as it applies to and in respect of a finding of guilty of an offence
against discipline in accordance with the provisions of the Third
Schedule and an award of punishment.
(Added, 4 of 1986, s. 3)

15. (1) The following penal deductions may be made from the
emoluments due to a member-

(a)all emoluments for every day of absence either on desertion
or without leave;

(b)the sum required to pay any fine or other sum ordered to
be paid on conviction for a criminal offence or for an
offence against discipline.

(2) For the purposes of subsection (1)--

(a)no member shall be treated as absent unless the absence
has lasted 6 hours or upwards except where the absence
prevented the prompt dispatch of any contingent, appli-
ance, ambulance, fire boat, or vehicle of the Fire Services
Department in answer to any call; (Amended, 42 of
1961,s.2)

(b)the number of days shall be reckoned as from the time
when the absence commences.

16. For the avoidance of doubt it is hereby declared that-

(a)if criminal proceedings have been, or are likely to be,
instituted against a senior officer, or an investigation is
being undertaken into any conduct which may amount to
the commission of a criminal offence by a senior officer, he
may be interdicted from duty and paid emoluments in
accordance with Colonial Regulations and Hong Kong
Regulations; (Replaced, 50 of 1978, s. 5)

(b)a senior officer who in criminal proceeding before any
court is found guilty of or pleads guilty to any offence may
be punished in accordance with Colonial Regulations and
Hong Kong Regulations; (Replaced, 29 of 1975, s. 12)

(c)nothing in this Part shall be construed to preclude the
summary dismissal of any member in accordance with
Colonial Regulations and Hong Kong Regulations;

(d)nothing in this Part shall be construed to preclude the
termination of the employment in accordance with
Colonial Regulations of a member on the ground that,





having regard to the conditions of the public service, the
usefulness of the member thereto and all the other
circumstances of the case, such termination is desirable in the

public interest.(Added, 33 of 1965, s. 4)

17. [Repealed, 29 of 1975, s. 13]

PART IV

WELFARE FUND

18. There shall be established a fund to be known as the Fire
Services Department Welfare Fund which shall consist of(Amended, 42
of 1961, s. 2)

(a)all fines inflicted upon m embers for offences against
discipline;

(b)all sums paid for the service of members detailed to do special
duty under section 23 and for the use of equipment furnished
therefor; (Amended, 33 of 1956, s. 5)

(c)all illegal gratifications given or offered to members, and all
presents the receipt of which is prohibited by Hong Kong
Regulations given or offered to members;

(d) any donations and voluntary contributions thereto;

(e) such sums as may be voted by the Legislative Council.

19. The Fire Services Department Welfare Fund shall be controlled
by the Director, subject to regulations made under section 25, and
applied

(a)in recompensing members for extra services rendered by them;

(b) for the purpose of-

(i) procuring comforts, convenience and other benefits,
which are not chargeable to public revenue, for, and

(ii) granting loans to, members, former members who have
retired on pension, gratuity or other allowance or persons who
were wholly or partially dependent on a deceased member or
former member at the time of his death;

(c)in making grants to persons who were wholly or partially
dependent at the time of his death on a deceased member, or a
deceased former member who had retired on pension, gratuity
or other allowance, and who are in need of financial assistance,
whether towards the payment of the funeral expenses of the
deceased member or deceased former member or otherwise.
(Added, 36 of 1978, s. 2)

(Replaced, 29 of 1975, s. 14)





19A. In sections 18 and 19, 'member' includes any person
employed in the Fire Services Department.

(Added, 4 of 1986, s. 4)

PART V

MISCELLANEOUS

20. (1) The Director may make orders called 'Fire Services
Department General Orders' not inconsistent with the provisions of-
(Amended, 42 of 1961, s. 2)

(a) this Ordinance and any regulations made thereunder;

(b) the Stores Regulations of the Government;

(c)Colonial Regulations and Hong Kong Regulations, as modified
by this Ordinance and by regulations made thereunder.

(2) Such orders may provide for-

(a)the control, direction and information of the Fire Services
Department; (Amended, 42 of 1961, s. 2)

(b) discipline;

(c) training;

(d) classifications and promotions;

(e) inspections, drills, exercises and parades;

(f) welfare;

(g) departmental finance;

(h) buildings, grounds, stores, furniture and equipment;

(i) services to be performed by members;

(j)the manner and form of reports, correspondence and other
records;

(k)the performance of any act which may be necessary for the
proper carrying out of the provisions of this Ordinance or any
regulations made thereunder or of any other enactment or for
the discharge of any duty imposed by law on the Fire Services
Department; (Amended, 42 of 1961,s.2)

(1)such other matters as may be necessary or expedient for
preventing abuse or neglect of duty, for rendering the Fire
Services Department efficient in the discharge of its duties and
for carrying out the objects of this Ordinance. (Amended, 42 of
1961, s. 2)

21. Any damage done by the Fire Services Department in the
execution of its duties on the occasion of a fire shall be deemed to be
damage by fire within the meaning of any policy of insurance against
fire.

(Amended, 42 of 1961, s. 2)





22. (1) No member acting bona fide under powers conferred by this
Ordinance shall be liable to any action for damages for any act done or
omitted to be done by him in connexion with his duties on the occasion
of a fire or other calamity. (Amended, 1 of 1961, s. 7, and 42 of 1961, s. 2)

(2) Where a member has done or omitted to do any thing in
connexion with his duties which he is empowered to do or omit to do on
the occasion of a fire or other calamity, and it is subsequently
discovered that a fire or other calamity had not in fact occurred, such
act or omission shall be deemed to have been done or omitted pursuant
to this Ordinance if it was done or omitted in good faith and would have
been lawfully done or omitted if a fire or other calamity had in fact
occurred. (Added, 29 of 1975, s. 15)

23. (1) On the application of any person, the Director may, if he
thinks fit, detail any member to do special duty in, upon or about any
premises, vessel, vehicle or aircraft specified by the applicant and for
the purpose furnish such equipment as he may deem necessary.
(Amended, 33 of 1956, s. 6; 42 of 1961, s. 2, and 29 of 1975,s. 16)

(2) The applicant shall pay to the Director for the services of any
member so detailed and for the use of equipment so furnished such fees
as the Director may think fit. (Amended, 33 of 1956, s. 6, and 42 of 1961, s.
2)

(3) All fees so received by the Director shall be paid by him into
the Treasury forthwith to the credit of the Fire Services Department
Welfare Fund and be accounted for monthly and shall be recoverable
by action in like manner as other Crown debts. (Amended, 42 of 1961, s.
2)

24. [Repealed, 4 of 1985, s. 31

25. The Governor in Council may by regulation provide for-

(a)discipline and punishment of subordinate officers and
members of other ranks; (Amended, 29 of 1975, s. 17)

(b)the administration of the Fire Services Department Welfare
Fund; (Amended, 42 of 1961, s. 2)

(c) description of uniforms and equipment to be provided;

(d)such other matters as may be necessary or expedient for
rendering the Fire Services Department efficient in the
discharge of its duties; (Amended, 42 of 1961, s. 2)

(e) the making and issue of reports and certificates regarding-

(i) fires or other calamities attended by the Fire Services
Department; (Amended, 42 of 1961, s. 2)

(ii) premises, vessels or other property damaged by fire;





(iii) matters relating to fire risks or fire precautions in or
connected with any premises, vessel or other property,

and fees to be charged in relation thereto; (Added, 1 of
1961,s.8)

the registration and de-registration of fire service installation
contractors and fees to be charged in relation thereto;
(Added, 45 of 1971, s. 4. Amended, 34 of 1986, s. 2)

(g)the appointment, powers and procedure of a disciplinary
board in relation to fire service installation contractors;
(Added, 45 of 1971, s. 4)

(h)the control of the sale, supply, installation, repair,
maintenance and inspection of fire service installations or
equipment; (Added, 45 of 1971, s. 4)

(ha) fees or charges payable in respect of carrying into effect the
provisions of the Ordinance (other than provisions relating to
the discharge of any duty imposed by law on the Fire Services
Department), whether similar or not to any matter mentioned
in this sectioin; (Added, 34 of 1986, s. 2)

(i)generally, for the carrying into effect of the provisions of the
Ordinance in relation to any matter, whether similar or not to
those in this section mentioned, as to which it may be
convenient to make regulations.

26. The Governor in Council may by regulation amend-

(a)the Sixth and Seventh Schedules to show respectively the
ranks in the Fire Services Department and the posts specified
for the purposes of section 3(2) in such manner as he thinks fit;
and

(b)any other Schedule to make therein any provision which he
could make by regulation under section 25.

(Replaced, 29 of 1975, s. 18)

27. (1) Any person who resists or obstructs any member acting in
the execution of his duty shall be guilty of an offence and hall be liable
to a fine of $2,000 and to imprisonment for 6

months. (Amended, 29 of 1975, s. 19and25 of 1982,s.5) (2)
Any member who(a) deserts;

(b)on the occasion of a fire or other calamity wilfully disobeys a
lawful command of a member whom it is his duty to obey,
(Amended, 29 of 1975, s. 19)

hall be guilty of an offence and shall be liable to a fine of $1,000 and

imprisonment for 6 months.(Amended, 25 of 1982, s. 5)





(3) Any person who, not being a member, wears, without
permission of the Director, the uniform of the Fire Services Department,
or any dress having the appearance or bearing any of the distinctive
marks of that uniform, shall be guilty of an offence and shall be liable to
a fine of $5,000 and to imprisonment for 6 months. (Amended, 42 of 1961,
s. 2, and 29 of 1975, s. 19)

28. Any person who gives or causes to be given an alarm of fire or
other calamity which he knows to be false to the Fire Services
Department or to any member shall be guilty of an offence and shall be
liable to a fine of $1,000 and to imprisonment for 6 months.

(Added, 17 of 1959, s. 2. Amended, 42 of 1961, s. 2, and 29 of 1975, s.
20)

FIRST SCHEDULE [s. 12.1

Offences Against discipline

Any member commits an offence against discipline who

(1) is guilty of cowardice in the performance of his duty;

(2)without good and sufficient cause fails to carry out any lawful order,
whether written or verbal;

(3) is insubordinate towards any member whose orders it is his duty to obey;
(4) (a)neglects or without good and sufficient cause fails to do, promptly and
diligently, anything it is his duty to do;

(b)by carelessness or neglect in the performance of his duty contributes
to the occurrence of any loss, damage or injury to any person or
property;

(5)knowingly makes any false, misleading, or inaccurate statement in
connexion with his duty either verbally or in writing;

(6)with intent to deceive destroys any official record, document or book or
alters or erases any entry therein;

(7) without proper authority-

(a) divulges any matter which it is his duty to keep secret;

(b)directly or indirectly communicates to the press or to any other
person any matter which may have come to his knowledge in the
course of his official duties;

(c)publishes any matter or makes any public pronouncement relating to
the Fire Services Department; (Amended, 42 of 1961, s. 2)
(8) (a)solicits or receives any unauthorized fee, gratuity or other
consideration in connexion with his duties as a member;

(b)fails to account for, or to make a prompt and true return of, any
money or property for which he is responsible, either in connexion
with his duties as a member or with any fund connected with the Fire
Services Department or the Fire Services Department staff;
(Amended, 42 of 1961,s.2)

(c) improperly uses his position as a member;

(9) without proper authority or reasonable excuse--







(a) absents himself from duty or from any place of parade;

(b) arrives late for any duty or parade;





equipment, or any implement, accountrement or appointment
whatever, with which he has been provided or entrusted, or fails to
take proper care thereof;

(b)neglects to report any damage to, or loss of, any article of clothing
or equipment, or any implement, accountrement or appointment
whatever, with which he has been provided or entrusted;

(11)when on duty, or called upon for duty, is unfit for duty by reason of
intoxicating drink or of drugs taken otherwise than under medical
direction; (Amended, 29 of 1975, s. 21)

(12)when on or off duty acts in a disorderly manner, or in any manner
prejudicial to discipline, or likely to bring discredit upon the Fire Services
Department or the public service; (Amended, 42 of 1961, s. 2)

(13)is guilty of anything, whether by reason of contravention of Hong Kong
Regulations or otherwise, which amounts to misconduct in a public office.

SECOND SCHEDULE [s. 14.1

PART I

Rules of procedure for the investigation into offences
against discipline by subordinate officers and members of
other ranks

1. Every charge shall be entered on a charge sheet.

2. Every charge shall be investigated by the Director in the first instance
without delay in the presence of the accused and a full record thereof be made by
the Director. (Amended, 42 of 1961, s. 2)

3. The charge shall be read and explained to the accused.

4. Evidence shall not be on oath.

5. The accused shall have full liberty to cross-examine any witness against
him and to call any witnesses and make any statement in his defence.

6. No documentary evidence shall be used against the accused unless he has
previously been supplied with a copy thereof or has been given access thereto.

7. The Director may at any stage of the proceedings amend the charge or add
a new charge:

Provided that in such event the amended or new charge shall be read and
explained to the accused who shall be entitled to have any witnesses who have
given evidence recalled for further cross-examination and to call such further
witnesses as he may desire. (Amended, 42 of 1961, s. 2)

8. At the conclusion of the hearing of a charge, the Director shall(Amended,
42 of 1961, s. 2)

(a)if in his opinion the evidence does not show that some offence against
discipline has been committed, dismiss it;

(b)if in his opinion the evidence does show that some offence against
discipline has been committed, either

(i) award a punishment within his powers; or
(ii) refer the case to the Governor.

9. (1) Whenever the Director refers a case to the Governor under rule 8(b) he






shall forward- (Amended, 42 of 1961, s. 2)

(a)a typed copy of the record of proceedings (including the charge) certified
by himself to be a true copy of the original thereof,





(b) a report setting out

(i) his reasons for considering the charge proved;

(ii) his recommendations whether as regards punishment or otherwise;
(Amended, G.N.A. 61156)

(c) the accused's conduct sheet.

(2) Whenever the Director so refers a case he shall inform the accused that he
may within 14 days forward any further representations he may wish to make in
writing to the Governor. (Amended, 42 of 1961, s. 2)

10. Upon reference to him of a case and after consideration of any
representations in writing of the accused, the Governor shall

(a) if he is of opinion that the charge has not been proved, either

(i) dismiss it; or

(ii) order either further investigation by the Director, or a fresh
investigation in such manner and by such person or persons as he
may think fit; (Amended, 42 of 1961, s. 2)

(b)if he is of opinion that the charge is proved, or if, after any further or
fresh investigation ordered under paragraph (a), he is of such opinion,
shall award a punishment within his powers. (Amended, G.N.A. 61156
and 29 of 1975, s. 22)

11. Every punishment awarded shall be entered in the conduct sheet of the
member so punished.

12. Where the Director has delegated any function, power or duty to another
member pursuant to section 6(2), references in rules 8, 9 and 10

(a)to the Director, shall be read as if they were references to that other
member; and

(b) to the Governor, shall be read as if they were references to the Director,
but any case referred to the Director by another member pursuant to rule 8(b) (as
modified by this rule) may be referred to the Governor by the Director in
accordance with rules 9 and 10. (Added, 29 of 1975, s. 22)

PART II [s. 14A.]
subordinate officer or a member of other ranks

1 In the case of a subordinate officer, the Director shall as soon as
practicable

(a) refer the case to the Governor; and

(b)notify the subordinate officer that he has done so and that the subordinate
officer may make representations in writing to the Governor in mitigation
of punishment within 14 days of receiving such notice or within such
further period as the Governor may allow.

2. In referring a case under rule 1 the Director shall send to the Governor-

(a) a copy of the record of the proceedings;

(b) the officer's conduct sheet; and

(c)the recommendation of the Director with respect to punishment or






otherwise.

3. The Governor may, after considering any representations made by the
officer, award any one or more of the punishments which he may award under
paragraph (1) of Part I of the Third Schedule in respect of a disciplinary offence
by a subordinate officer.





4. In the case of a member of other ranks, the Director shall notify the
member that he may make representations in writing in mitigation of punishment
within 14 days of receiving such notification and, after considering any such
representations, may award any one or more of the punishments which he may
award under Part II of the Third Schedule.

(Part II added, 29 of 1975, s.
22)

THIRD SCHEDULE [s. 14.1

Punishment of subordinate officers and members of other
ranks
for offences against discipline

PART I-SUBORDINATE
OFFICERS

Subordinate officers found guilty of an offence against discipline may be
awarded punishments as follows

(1) by the Governor-

(a) any one or more of the following(i)
dismissal;

(ia) compulsory retirement either with pension, gratuity or other
allowances or without such benefits or with reduced benefits;
(Added,55of 1981,s.5)

(ii) reduction in rank;

(iii) stoppage or deferment of increment; (Amended, 1 of 1964, s. 7)

(iv) fine;

(v) severe reprimand;

(vi) reprimand;

(vii) extra duties; (Amended, 29 of 1975, s. 23)

(b) [Deleted, 4 of 1986, s. 51

(2) by the Director any one or more of the following-

(a) reduction in rank;

(b) stoppage or deferment of increment;

(c) a fine not exceeding one month's salary (excluding allowances);

(d) severe reprimand;

(e) reprimand;

(f) extra duties. (Replaced, 29 of 1975, s. 23)

PART II-MEMBERS OF OTHER RANKS

Members of other ranks found guilty of an offence against discipline may be

punished by the Director or the Governor-
(a) by any one or more of the following-







(i) dismissal;
(ia) compulsory retirement e'other -allow--
ances or without or withoutbonefits -,(Added, 55 of
1981's.5)
(ii) reduction in rank;
(iii) stoppage or deferment of increment;

(iv) a fine not exceeding one month's salary (excluding allowances);
(v) severe reprimand;
(vi) reprimand;
(vii) extra duties.





(b) [Deleted, 4 of 1986, s. 51

(Part II replaced, 29 of 1975, s.
23)

FOURTH SCHEDULE [s. 14B.]

Rights of appeal and related provisions

1. A subordinate officer or member of other ranks (including one who has
been dismissed) may appeal, in accordance with the following rules, against

(a)a finding by the Director or other member that he is guilty of a
disciplinary offence;

(b)any punishment awarded by the Director or other member, other than
under rule 4;

(c)any order or requirement for payment in respect of loss or damage made
by the Director under section 14C. (Added, 4 of 1986, s. 6)

2. A member of other ranks may also appeal, in accordance with the following
rules, against a punishment awarded to him by the Director under Part II of the
Second Schedule.

3. The appeal shall lie-

(a)to the Governor, in respect of afinding made or punishment awarded by
the Director; and

(b) to the Director, in all other cases.

4. Upon an appeal, the Governor or the Director, as the case may be, may-

(a) confirm or reverse the finding;

(b) confirm the punishment;

(c)subject to rule 9, substitute any other punishment which could have been
awarded in the first instance;

(d)remit the punishment in full or in part without substituting any other
punishment;

(e)if he dismisses an appeal against a finding and no punishment has been
awarded, treat the appeal as if it were a case referred to him for
punishment and award any punishment or take any other action which he
is authorized to take.

5. Upon a review under section 14B(3) the Director may exercise any of the
powers in rule 4(a), (b), (c) or (d).

6. An appeal shall be made in writing within 14 days from the day on which
the subordinate officer or member of other ranks is informed that he hag been
found guilty of an offence or from any later day on which punishment is awarded
for that offence.

7. For the purpose of any appeal against a finding, the Governor or the
Director, as the case may be, may

(a)take again the whole or any part of the evidence or accept in whole or in
part the record of the evidence already taken; and

(b) hear any additional evidence which he may consider relevant,







and the Director may exercise the like powers where he reviews a finding under
section 14B(3).

8. In the event of an appeal, any punishment (other than a reprimand or
severe reprimand) awarded to a subordinate officer or a member of other ranks
shall be suspended until the appeal is disposed of or abandoned.

9. Neither the Director nor the Governor shall award a greater punishment
under rules 4 and 5 without first allowing the subordinate officer or member of
other ranks a reasonable opportunity to be heard or to make representations in
writing as to why the punishment should not be increased.

(Fourth Schedule added, 29 of 1975, s.
25)





FIFTH SCHEDULE [s. 8(2)]

FORM 1

FIRE SERVICES ORDINANCE

(Section 8(2))

Warrant to effect entry in premises

WHEREAS application has been made by or on behalf of the Director of Fire
Services to me, C.D., a magistrate/justice of the peace of the Colony of Hong Kong,

for authority to enter certain premises
.......................................................................

..................................... (here insert description of premises),

and whereas I, C.D., and satisfied by information on oath that there is reasonable

ground for entry to such premises and that
................................................................

..................................... (here insert ground on which warrant is issued):

Now, THEREFORE, 1, the said C.D., do hereby authorize the Director of Fire
Services or any person authorized by the Director of Fire Services in writing in
that behalf to enter the said premises, if need be by force, taking with him such
persons as may be necessary.

Dated this ..........day of 19

[IS.]

(Signed)
...........................................................
.......

Magistrate1Justice of the Peace.

(Added, 1 of 1964, s. 8)

FORM 2 [s. 9(1)(a).]

FIRE SERVICES ORDINANCE

(Section 9(1)(a))

Fire Hazard Abatement Notice

TO
............................................................................................
...........................

.....................................1
(name and address of person by reason of whose own or whose

servant's or agent's act, default or sufferance the fire hazard arose or continues, or
owner, tenant, occupier or person in charge of the premises at which the fire
hazard exists, as the case may be).

1. TAKE NOTICE that under section 9 of the Fire Services Ordinance the

Director of Fire Services, being satisfied of the existence at
.......................................







..... (premises where fire hazard exists) of a

fire hazard being
.................................................................................................
........
(describe the fire hazard) does hereby require you within
..........................................

(specify the time) from the service of this notice, to abate the fire hazard and for
that

purpose to
.................................................................................................
..................

............... (specify works to be
executed).

2. If you make default in complying with the requirements of this notice you
are liable to prosecution for an offence under section 9(3) of the Fire Services
Ordinance. Upon conviction, a court may impose a maximum fine of $25,000 and
$2,500 for each day during which the offence continues. Application may also be
made for an order against you requiring the abatement of the fire hazard or
prohibiting its recurrence or both and for recovering the costs which may be
incurred thereby.

Dated this ..........day of 19

(Signed)
...................................................
....

Director of Fire Services.

(Replaced, 54 of 1986, s.
5)





FORM 3 [s. 9(4).]

FIRE SERVICES ORDINANCE

(Section 9(4))

Fire Hazard Order

To A.B. of
.......................................................................................................... (or to the
owner, tenant, occupier or person in charge of) (describe premises) situate

..................................... (insert such

description of the situation as may be sufficient to identify the premises).

WHEREAS the said A.B. (or, the owner, tenant, occupier or person in charge

of the said premises, namely .........

has this day appeared before me/us . ........................................................................
(describing the court), to answer the matter of a complaint made by ....................

etc. that at .........................etc. (follow the words of complaint
in summons):

[(or, in the case where the party charged does not appear, say, in place of the
foregoing)

WHEREAS it has been now proved to my/our satisfaction that a summons has
been duly served requiring the said A.B. (or the owner, tenant, occupier or person
in charge of the said premises) to appear this day before me/us to answer the
matter

of a complaint made by ........... ...... ...
etc. that

at ...................................etc. (following the words of complaint
in summons):]

(Any of the following orders may be made or a combination of any of them, as the
case seems to require).

Now on proof here had before me/us that the fire hazard so complained of does
exist at the said premises (add, where the order is made on the person causing the
fire hazard-and that the fire hazard is caused by the act, default or sufferance of
A.B.), I/we, in pursuance of section 9 of the Fire Services Ordinance, do order the
said A.B. (or, the said owner, tenant, occupier or person in charge) within
.................. (specify the time) from the service of this order to abate
........................................

....................................
(here specify the fire hazard to be abated and the manner,

whether by compliance with the requirements of the relevant fire hazard abatement
notice, or otherwise).

And I/we being satisfied that, notwithstanding that the said fire hazard may be
temporarily abated under this order, the fire hazard is likely to recur, do therefore
prohibit the said A.B. (or, the said owner, tenant, occupier or person in charge)
from allowing the recurrence of the said fire hazard (and for that purpose I/we
direct the said A.B. (or, the said owner, tenant, occupier or person in charge
....................

..................................... [here specify any works to be executed]).







Now on proof here had before melus that at or recently before the time of

making the said complaint, to wit, on 1

the fire hazard so complained of did exist at the said premises, but that the fire
hazard
has since been abated (add where the order is made on the person who caused the fire
hazard-and that the fire hazard was caused by the act, default or sufferance of A.B.),
yet, notwithstanding the abatement, I/we, being satisfied that it is likely that the
same
fire hazard will recur at the said premises, do therefore prohibit (continue as in
Prohibition Order No. 1).

Dated this .............day of 19

[L.S.]

(Signed) ..................................................................

Magistrate1Justice of the Peace.
(Added, 1 of 1964, s. 8.Amended, L.N. 69170 and 54 of 1986, s. 5)





FORM 3A [s. 9(7A).]
FIRE SERVICES ORDINANCE
(Section 9(7A))
Closing Order

TO .....................1
....................... (name and address

of person served with a fire hazard abatement notice under section 9(1)) being a
person upon whom a fire hazard abatement notice under section 9(1)(a) was

served on ............................(date of service) in respect of

premises situate at
...................................................................................................
...

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

(insert such description of the situation as may be sufficient to identify the premises).

TAKE NOTICE that the Director of Fire Services has this day appeared
before me/us and by information sworn on oath has proved to my/our satisfaction
that

(a)you have been given notice in writing by the Director of Fire Services as
required by section 9(7A) of his intention to swear the information; and

(b)the fire hazard continues and the cause of the fire hazard is the structural
character of the premises or their location having regard to the nature of
the area in which they are situate; and

(c)the premises are being used for a purpose which may materially increase
the likelihood of fire or other calamity or danger to life or property
resulting from the outbreak of fire or the occurrence of any other calamity
in or on the premises.

NOW THEREFORE I/We in pursuance of section 9(7A) do hereby
PROHIBIT the use of the premises for the purpose specified as follows:

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

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

(describe use, purpose and prohibition).

Dated this ..........day of 19

(Signed)
...................................................
....

Magistrate
.

(Added, 54 of 1986, s. 5)

FORM 4 [s. 9C(1).]
FIRE SERVICES ORDINANCE
(Section 9C(1))
Removal Order

TO ..1







(name and address) being the owner, tenant, occupier or person in charge of premises

situated at
..................................................................................................
.................

.....................having been convicted of the offence of

(describe offence) under section (9B(1) OR 9B(2))

of the Fire Services Ordinance on
...............................................................................

(date of conviction) at
.......................................... Court.





TAKE NOTICE that under section (9C(3)(a) OR

9C(3)(b)) of the Fire Services Ordinance 1 !we do require you within
.........................

............... (specify time) from the service of this order
to

remove ...........1
...............................

(the matter or thing to which that offence relates OR the lock or other device to
which that offence relates).

IF you make default in complying with the requirements of this order you are
liable to prosecution for an offence under section 9C(4) of the Fire Services
Ordinance. Upon conviction, a court may impose a maximum fine of $50,000 and
$5,000 for each day during which the offence continues. The Director of Fire
Services may also carry out any work necessary to give effect to the requirements
of this order and take proceedings to recover from you the costs which may be
incurred thereby.

Dated this .day of ......19

(Signed)
..........................................

Magistrate.

(Added, 54 of 1986, s. 5)

SIXTH SCHEDULE [ss. 2 26.1

Ranks in the Fire Services Department

PART I-SENIOR OFFICERS

Director of Fire Services
Deputy Director of Fire Services
Chief Fire Officer
Chief Ambulance Officer
Deputy Chief Fire Officer
Assistant Chief Ambulance Officer
Senior Divisional Officer
Divisional Officer
Superintendent (Ambulance)
(Part I replaced, 55 of 198 1, s.
6)

PART II-SUBORDINATE OFFICERS

Assistant Divisional Officer
Senior Ambulance Officer
Senior Station Officer (Added, 55 of1981, s.6)
Station Officer
Ambulance Officer

PART 111-MEMBERS OF OTHER RANKS

Principal Fireman
Principal Ambulanceman
Senior Fireman
Senior Ambulanceman
Fireman
Ambulanceman






(Sixth Schedule added, 29 of 1975, s.
26)





SEVENTH SCHEDULE [ss. 3(2) 26.1

Posts specified for the purposes of section 3 (2)

Senior Fire Services Ventilation Officer Fire
Services Ventilation Officer Building Services
Inspector II Electrical Inspector Class II
Special Photographer 1 Special Photographer
11

(Seventh Schedule replaced, 4 of 1986, s. 7)
Originally 32 of 1954. 33 of 1956. G.N.A. 61/56. 17 of 1959. 1 of 1961. 42 of 1961. 1 of 1964. 56 of 1969. L.N. 69/70. 45 of 1971. 29 of 1975. 36 of 1978. 50 of 1978. L.N. 262/78. 15 of 1979. 55 of 1981. 25 of 1982. 4 of 1985. 4 of 1986. 34 of 1986. 54 of 1986. Short title. Interpretation. (Cap. 123.) Sixth Schedule. Sixth Schedule. (Cap. 123.) Sixth Schedule. Sixth Schedule. Constitution. Seventh Schedule. Terms of service of members of the Fire Services Department. (Cap. 89, and sub. leg.) (Cap. 93, sub. leg.) Administration of Fire Services Department by Director. Delegation of powers. Duties of Fire Services Department. General powers of entry. Fifth Schedule. Abatement of fire hazards. Fifth Schedule. (Cap. 115.) Fifth Schedule. Fifth Schedule. Fifth Schedule. (Cap. 227.) Recovery of expenses incurred in carrying out work under section 9(3A). Obstruction and locking of means of escape. Removal of obstruction or lock. Fifth Schedule. Interpretation in sections 9B and 9C. Powers of Fire Services Department on occasion of fire. Power to fix fire hydrant and emergency water supply location plates. Offences against discipline generally. First Schedule. Offences against discipline by senior officers. Liability of subordinate officers and members of other ranks to summary dismissal upon abscondment. Fourth Schedule. Offences against discipline by subordinate officer and member of other ranks. Second Schedule. Third Schedule. Third Schedule. Criminal offences by subordinate officers and members of other ranks. Second Schedule. Second Schedule. Appeals and review. Fourth Schedule. Payment for loss or damage to property. Third Schedule. Third Schedule. Penal deductions from emoluments. Removal of doubt. Establishment of fund. Control of fund. Interpretation of 'member' in sections 18 and 19. Fire Services Department orders. Damage done at a fire. Protection of members of Fire Services Department. Special duty and expenses thereof. Power to make regulations. Amendment of Schedules. Offences. False alarms of fire. Third Schedule. Third Schedule. Second Schedule. Abatement order. Prohibition Order No. 1. Prohibition Order No. 2.

Abstract

Originally 32 of 1954. 33 of 1956. G.N.A. 61/56. 17 of 1959. 1 of 1961. 42 of 1961. 1 of 1964. 56 of 1969. L.N. 69/70. 45 of 1971. 29 of 1975. 36 of 1978. 50 of 1978. L.N. 262/78. 15 of 1979. 55 of 1981. 25 of 1982. 4 of 1985. 4 of 1986. 34 of 1986. 54 of 1986. Short title. Interpretation. (Cap. 123.) Sixth Schedule. Sixth Schedule. (Cap. 123.) Sixth Schedule. Sixth Schedule. Constitution. Seventh Schedule. Terms of service of members of the Fire Services Department. (Cap. 89, and sub. leg.) (Cap. 93, sub. leg.) Administration of Fire Services Department by Director. Delegation of powers. Duties of Fire Services Department. General powers of entry. Fifth Schedule. Abatement of fire hazards. Fifth Schedule. (Cap. 115.) Fifth Schedule. Fifth Schedule. Fifth Schedule. (Cap. 227.) Recovery of expenses incurred in carrying out work under section 9(3A). Obstruction and locking of means of escape. Removal of obstruction or lock. Fifth Schedule. Interpretation in sections 9B and 9C. Powers of Fire Services Department on occasion of fire. Power to fix fire hydrant and emergency water supply location plates. Offences against discipline generally. First Schedule. Offences against discipline by senior officers. Liability of subordinate officers and members of other ranks to summary dismissal upon abscondment. Fourth Schedule. Offences against discipline by subordinate officer and member of other ranks. Second Schedule. Third Schedule. Third Schedule. Criminal offences by subordinate officers and members of other ranks. Second Schedule. Second Schedule. Appeals and review. Fourth Schedule. Payment for loss or damage to property. Third Schedule. Third Schedule. Penal deductions from emoluments. Removal of doubt. Establishment of fund. Control of fund. Interpretation of 'member' in sections 18 and 19. Fire Services Department orders. Damage done at a fire. Protection of members of Fire Services Department. Special duty and expenses thereof. Power to make regulations. Amendment of Schedules. Offences. False alarms of fire. Third Schedule. Third Schedule. Second Schedule. Abatement order. Prohibition Order No. 1. Prohibition Order No. 2.

Identifier

https://oelawhk.lib.hku.hk/items/show/2423

Edition

1964

Volume

v7

Subsequent Cap No.

95

Number of Pages

35
]]>
Tue, 23 Aug 2011 18:06:58 +0800
<![CDATA[WIDOWS AND ORPHANS PENSION (APPLICATION) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2422

Title

WIDOWS AND ORPHANS PENSION (APPLICATION) REGULATIONS

Description






WIDOWS AND ORPHANS PENSION (APPLICATION)
REGULATIONS

(Cap. 94, section 3)

[28 November 1952.1

1. These regulations may be cited as the Widows and Orphans
Pension (Application) Regulations.

2. In these regulations, unless the context otherwise requires

'agreement officer' means an officer who was or is in the public service
by virtue of such an agreement as is mentioned in regulation 3(e);

'established office', in relation to an officer, has

(a)in case the Pensions Ordinance applies to the officer, the
meaning assigned to it by section 2 of that Ordinance;

(b)in case the Pension Benefits Ordinance so applies, the meaning
assigned to it by section 2 of that Ordinance;

'holder of an established office' means a person who is serving in an
established office having been confirmed to the permanent
establishment therein;

'material date' means the date when these regulations come into
operation;

'salary' does not include expatriation pay or cost of living or other
allowance.

3. As from the material date the term 'officer' in the Ordinance shall
apply, subject to regulation 4, to the following

(a)the Governor if he was a contributor under the Ordinance
immediately before his appointment as Governor;

(b)the Governor's private secretaries and aides-de-camp if they
were contributors under the Ordinance immediately before they
held these positions or if they are also the holders of
established offices entitling them to contribute;

(e) every male holder of an established office;

(d)every male person serving on probation in an established
office; and

(e)every male person serving on agreement in any office in the
public service under the Government for a period of 21
years or more:





Provided that

(i)the said term shall not apply to any person specified in
paragraph (c), (d) or (e) who is in receipt of a salary of less
than $4,440 per annum, or if at the time of his appointment to
such office he has attained the age of 49 years;

(ii)this regulation shall not apply to any person in any of the
following posts, that is to say, police constable, constable
Hawker Control Force, fireman, assistant officer Class 11,
detective district watchman, district watchman, ambulanceman
and assistant revenue officer;

(iii)this regulation shall not apply to any police officer who was in
the public service at the material date and whose salary did not
suffer abatement under the Ordinance unless and until such
officer is promoted, or elects to become a contributor as from
the material date by written notice to that effect given to the
Director of Accounting Services within 1 month from the
material date; and

(iv)an agreement officer who is at the material date in the public
service or shall thereafter join it shall be bound by this
regulation only if he fails to give written notice to the Director
of Accounting Services that he does not desire this regulation
apply to him. Such notice shall be given within 3 months

(x) from the material date; or
(y) from the date of assumption of duty; or

(z)in the case of an offer of employment as an
agreement officer where such employment is to
begin from a date which has already passed, from
the date of acceptance of such offer,

whichever is the latest.

4. (1) Notwithstanding paragraph (iv) of the proviso to regulation 3,
the term 'officer' in the Ordinance shall not apply to an agreement
officer who joins the public service after the commencement of the
Widows and Orphans Pension (Application) (Amendment) Regulations
1976 unless, in accordance with this regulation, he gives written notice
(which shall be irrevocable) to the Director of Accounting Services that
he desires the term 'officer' to apply to him.

(2) Notice under paragraph (1) shall be given within 3 months, or
such greater period as the directors may in any particular case allow,

(a) from the date of assumption of duty; or

(b)in the case of an offer of employment as an agreement officer
where such employment is to begin from a date which has
already passed, from the date' of acceptance of such offer,

whichever is the later.





(3) An officer who has given notice under paragraph (1) shall
be required to contribute under the Ordinance-

(a) from the date of assumption of duty; or

(b)in the case of an offer of employrnent as an agreement
officer where such employment is to begin from a date
which has already passed, from the date of acceptance of
such offer,

whichever is the later.
G.N.A. 192/52. G.N.A. 73/55. G.N.A. 92/57. 17 of 1963. L.N. 191/70. L.N. 6/72. L.N. 87/73. L.N. 232/76. L.N. 16/77. 36 of 1987. Citation. Interpretation. 36 of 1987, s. 50. (Cap. 89.) (Cap. 99.) 36 of 1987, s. 50. Categories of persons to whom the term 'officer' applies. L.N. 232/76. 36 of 1987, s. 50. L.N. 87/73. 17 of 1963, s. 7(a). 17 of 1963, s. 7(b). L.N. 191/70. L.N. 6/72. L.N. 87/73. L.N. 16/77. L.N. 16/77. G.N.A. 92/57. L.N. 87/73. Agreement officers. L.N. 232/76. (L.N. 232/76.) L.N. 16/77.

Abstract

G.N.A. 192/52. G.N.A. 73/55. G.N.A. 92/57. 17 of 1963. L.N. 191/70. L.N. 6/72. L.N. 87/73. L.N. 232/76. L.N. 16/77. 36 of 1987. Citation. Interpretation. 36 of 1987, s. 50. (Cap. 89.) (Cap. 99.) 36 of 1987, s. 50. Categories of persons to whom the term 'officer' applies. L.N. 232/76. 36 of 1987, s. 50. L.N. 87/73. 17 of 1963, s. 7(a). 17 of 1963, s. 7(b). L.N. 191/70. L.N. 6/72. L.N. 87/73. L.N. 16/77. L.N. 16/77. G.N.A. 92/57. L.N. 87/73. Agreement officers. L.N. 232/76. (L.N. 232/76.) L.N. 16/77.

Identifier

https://oelawhk.lib.hku.hk/items/show/2422

Edition

1964

Volume

v7

Subsequent Cap No.

94

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:06:57 +0800
<![CDATA[WIDOWS AND ORPHANS PENSION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2421

Title

WIDOWS AND ORPHANS PENSION ORDINANCE

Description






LAWS OF HONG KONG

WIDOWS AND ORPHANS PENSION ORDINANCE

CHAPTER 94





CHAPTER 94.

WIDOWS AND ORPHANS PENSION ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section. Page.

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

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

2A. Salary ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

3. Regulations prescribing persons to whom term 'officer' applies ... ... ... 6

4. Contributors to other schemes ... ... ... ... ... ... ... ... ... ... 6

5. Pensions paid out of general revenue ... ... ... ... ... ... ... ... ... 7

6. Contributions credited to general revenue ... ... ... ... ... ... ... ... 7

7. Appointment and meetings of directors ... ... ... ... ... ... ... ... 7

8. Abatements from salaries and pensions ... ... ... ... ... ... ... ... 8

9. Period for which abatement shall be made ... ... ... ... ... ... ... 9

9A. Right after retirement to cease contribution ... ... ... ... ... ... ... 9

10. Contributions of officers leaving the service ... ... ... ... ... ... ... 10

ill. Repayment to bachelors and widowers without pensionable children ... ... 11

12. Right to continue contributions in full on reduced income ... ... ... ... 12

13. Right on retirement to elect to contribute on former dollar salary ... ... 12

14. Right on retirement or deprivation of office to continue to contribute ... 13

15. Provisions for case of officers transferred to other employment under
the Crown ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13

16. Information to be furnished by officers and others ... ... ... ... ... ... 13

17. Penalty for non-compliance ... ... ... ... ... ... ... ... ... ... ... is

18. Exclusion from benefits ... ... ... ... ... ... ... ... ... ... ... 15

19. Duration of pension to orphan ... ... ... ... ... ... ... ... ... ... 15

20. Calculation of pensions ... ... ... ... ... ... ... ... ... ... ... is

21. Provision for case of motherless orphans ... ... ... ... ... ... ... 15

22. Provision for case of widow marrying ... ... ... ... ... ... ... ... 16

23. Provision for case of divorce or separation ... ... ... ... ... ... ... 16

24. Provision for case of widow and children of previous marriage ... ... ... 16





Section. Page.

25. Pension to children of widower ... ... ... ... ... ... ... ... ... ... 17

26. Mode and condition of payment of pension ... ... ... ... ... ... ... 17

27. Payment on behalf of minors ... ... ... ... ... ... ... ... ... ... 17

28. Payment on behalf of minors in case of desertion ... ... ... ... ... ... 17

29. Pension not to be assigned or levied upon ... ... ... ... ... ... ... 17

30. Decision of questions under the Ordinance ... ... ... ... ... ... ... 18

31. Limit of compulsory contribution ... ... ... ... ... ... 1 ... ... 18

32. Limit of compulsory contribution for all officers ... ... ... ... ... ... 18

33. Rules and regulations ... ... ... ... ... ... ... ... ... ... ... ... 19

34. Ordinance not to apply to members of Overseas Audit Service unless they
request ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 19

Schedule. Part I -Pension Tables ... ... ... ... ... ... ... ... ... ... ... 20

Part II-Instruction for the use of Pension Tables ... ... ... ... ... 34





CHAPTER 94.

WIDOWS AND ORPHANS PENSION.

To provide for the pensions of widows and orphans, and to consolidate
the laws in relation thereto.

(Amended, 2 of 1931, s. 5)

[31st December, 1908.]

1. This Ordinance may be cited as the Widows and Orphans
Pension Ordinance.

(Amended, 50 of 1911; 12 of 1912, Schedule, and 5 of 1924,
s.6)

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

'child' means

(a) a child of an officer by his wife, born after marriage;

(b)without prejudice to the provisions of subsection (4), an
adopted child who, by virtue of subsection (2), is deemed to be
a child of an officer; and

(c)without prejudice to the provisions of subsection (4), a
legitimated child who, by virtue of subsection (3), is deemed to
be a child born of the marriage between an officer and his wife;
(Replaced, 72 of 1967, s. 2)

'directors- means such persons as may be appointed by the Governor to
carry out the provisions of this Ordinance; (Amended, 50 of 1911,
and 12 of 1912, Schedule)

'officer who has elected' has the meaning assigned to it by subsection
(1) of section 2 of the Pensions Ordinance; (Added, 6 of 1967, S. 2)*

'orphan' means the child of a deceased officer; (Amended, 51 of 1911;
13 of 1912, Schedule, and 33 of 1939, Schedule)

Effective from 1st April 1965.





'pension' means any pension granted under this Ordinance, except
where the context implies that the pension of the contributor
himself is referred to;

'pensio-ner' means any person entitled to a pension under this
Ordinance, except where the context implies that the contributor
himself is referred to;

'wife' means the lawful wife of any officer married to him by a Christian
marriage or its civil equivalent, or in the case of Chinese the kit fat
or tin fong, or in the case of any other Asiatic nation, the principal
wife; and 'widow' shall be construed accordingly. (Replaced, 33 of
1939, Schedule)

(Amended, 50 of 1911; 12 of 1912, Schedule; 5 of 1924,
s. 36; 2 of 1931, s. 5, and 33 of 1939, Schedule)

(2) Where an infant is or has been adopted under and in
accordance with the provisions of the Adoption Ordinance, or in such
other manner as is referred to in section 17 thereof, by a person

(a)who at the time of such adoption is or was a contributor making
contributions under this Ordinance or who subsequently
became or becomes a contributor making contributions under
this Ordinance; and

(b)who is or was married at the time of such adoption without then
having any child of such marriage,

such infant, if he is the first or second infant to be or to have been
adopted as aforesaid by such person, but no other adopted child, shall,
for the purposes of this Ordinance, be deemed to be a child of such man
by the wife to whom he is or was married at the time of such adoption
and, accordingly, shall be deemed to be a child born of that Marriage
and to be the issue of that marriage. (Added, 72 of 1967, s. 2)

(3) A child who shall have been legitimated by marriage according
to the law of the country of the father's domicile at the date of marriage
shall, for the purposes of this Ordinance, be deemed to be a child born
of that marriage and, accordingly, shall be deemed to be the issue of that
marriage. (Added, 72 of 1967, s. 2)

(4) Nothing in subsection (2) or (3) shall entitle an adopted child or a
legitimated child to be paid a pension or a share in any pension where
the payment to him of such pension or share would diminish the pension
or share of any pension immediately payable or being paid at the date of
enactment of the Widows and Orphans Pension (Amendment) (No. 2)
Ordinance 1967 to the widow or to any child or children of the officer
concemed. (Added, 72 of 1967, s.2)

(5) The child of an officer who is or has been adopted by any other
person under and in accordance with the provisions of the Adoption
Ordinance, or in such other manner as is referred to in section 17 thereof,





(a)in the lifetime of the officer, or while a pension is or was then
being paid under this Ordinance to the mother of that child,
shall be deemed, for the purposes of this Ordinance, to have
died at the date of the adoption unless, at the date of
enactment of the Widows and Orphans Pension (Amendment)
(No. 2) Ordinance 1967, such child was being paid a pension or
a share of a pension under this Ordinance, in which case such
child shall continue to be paid such pension or such share;

(b)after the death of the officer shall, if he is being paid a pension
or a share of a pension under this Ordinance, continue to be
paid such pension or such share. (Added, 72 of 1967, s. 2)

To (4) ;Ltd OtW.1

2A. (1) S~ as otherwise provided, the salary of an officer shall be
determined for the purposes of this Ordinance in accordance with the
provisions of this section.

(2) Salary-

(a) in respect of service prior to the 1st day of July 1959; and

(b)in respect of service after the 30th day of June 1959 for which
an officer continued to be in receipt of a salary on a scale
applicable prior to the 1st day of July 1959,

means the aggregate of-

(i)the salary of an officer's substantive appointment or
appointments, including personal allowances in the nature of
salary; and

(ii)fifty per cent of expatriation pay and personal allowances in
place of expatriation pay, if any.

(3) Salary, in respect of service after the 30th day of June 1959 but
prior to the 1st day of April 1965 (other than service for which an officer
continued to be in receipt of a salary on a scale applicable prior to the
1st day of July 1959), means the aggregate of

(a)ninety per cent of the salary of an officer's substantive
appointment or appointments, including personal allowances
in the nature of salary; and

(b)fifty per cent of expatriation pay and personal allowances in
place of expatriation pay, if any.

(4) Salary, in respect of service after the 31st day of March 1965,
means

(a)except in the case of an officer who has elected, the aggregate
of





(i) the salary of an officer's substantive appointment or
appointments; and

(ii) expatriation pay and personal allowances in place of
expatriation pay, if any; and

(b) in the case of an officer who has elected, the aggregate, Of

(i) ninety percent of the salary of an officer's substantive
appointment or appointments; and

(ii) fifty per cent of expatriation pay and personal allowances
in place of expatriation pay, if any. (Added, 6 of 1967, s. 3)*

3. It shall be lawful for the Governor in Council to make

regulations to prescribe the persons to whom the term 'officer'
in this Ordinance shall apply and to make any such regulation
with retrospective effect to any date not being a date earlier than
the I st day of January 1947:

Provided that no such regulation shall take effect unless it has
received the prior approval of the Legislative Council signified by
resolution.

(Replaced,14,of 1948, s. 2)

4. (1) No officer shall be required to contribute under this Ordinance
if, and for so long as, he is contributing to an approved scheme, or if he
has completed his contributions to an approved scheme: (Amended, 2 of
1931, s. 3)

Provided that this subsection shall have no effect and shall be
deemed never to have had effect in relation to an approved scheme
which has been declared by the Secretary of State to be a List II scheme.
(Added, 72 of 1967, s. 3)

(2) For the purposes of this section, an approved scheme means a
scheme for the granting of pensions to the widows and children of
Government officers, established in a British colony or protectorate or in
British India or in any territory in respect of which a mandate is being
exercised by the government of any part of Her Majesty's dominions,
which is declared by the Secretary of State to be an approved scheme for
the purposes of this section.

(3) Any claim for exemption under this section must be in writing
and must reach the Colonial Secretary within three months after the
officer commences to draw salary from this Government or such
extended period as the Governor in Council may in any particular case
allow. (Amended, 33 of 1939, Schedule)

(4) An officer who under this section has obtained exemption from
becoming a contributor under this Ordinance may not subsequently
become a contributor under this Ordinance unless

Effective from 1st April 1965.





(a) he ceases to contribute to the approved scheme; or

(b) he marries; or

(c)he leaves the service of this Government and is subsequently
reappointed to it. (Replaced, 33 of 1939, Schedule)

(5) Nothing in this section shall exempt an officer, who on
reappointment to the service of this Government is already a contributor
under this Ordinance, from continuing his contributions under this
Ordinance. (Replaced, 33 of 1939, Schedule)

(6) If an officer obtains exemption under this section, any
contributions previously made by him under this Ordinance while his
claim for exemption is pending or during either of the periods mentioned
in subsection (3) shall be returned to him without interest. (Replaced, 33
of 1939, Schedule)

(Added, 9 of 1929, s. 4)

5. Pensions shall be paid out of the general revenue and are hereby
made charges upon such revenue.

(Amended, 50 of 1911 s. 4; 21 of 1912, s. 2, and 43 of 19.12,
Schedule)

6. All contributions and other revenues receivable from officers
under the provisions of this Ordinance shall be carried to the credit of
the general revenue.

(Amended, 50 of 1911, s. 4; 13 of 1912, Schedule; 21 of
1912, s. 2; 43 of 1912, Schedule, and 8 of 1939, s. 5)

7. (1) It shall be lawful for the Governor to appoint any number of
officers not exceeding five and not less than three as directors, of whom
one shall be nominated as Chairman by the Governor, for the purpose of
carrying out the provisions of this Ordinance, and to cancel the
appointment of any such person.

(Amended, 12 of 1910, s. 3; 50 of 1911, s. 4; 51 of 1911;
12 of 1912, Schedule; 13 of 1912, Schedule; 33 of 1939,
Schedule, and 20 of 1965, s. 2)


(2) In the event of the death or absence from the Colony of a
director, or in the event of the cancellation of the appointment of any
director, the Governor may appoint another officer to be a director in his
place. (Amended, 12 of 1910, s. 3; 50 of 1911; 51 of 1911; 12 of 1912,
Schedule; 13 of 1912, Schedule, and 33 of 1939, Schedule)

(3) Appointments of directors and cancellations thereof shall take
effect from the notification thereof in the Gazette. (Added, 51 of 1911,
and 13 of 1912, Schedule)

(4) At every meeting of the directors the chairman, and in his
absence the senior officer present, shall preside. Every question





shall be decided by the vote of the majority present at the meeting; the
chairman or in his absence the officer presiding shall have a casting vote
in addition to his vote as director. There shall be no meeting at which
there shall not be at least three directors present and voting. (Amended,
50 of 1911; 51 of 1911; 12 of 1912, Schedule; 13 of 1912, Schedule; 33
of 1939, Schedule, and 20 of 1965, s. 2)

8. (1) Subject to the provisions of sections 31 and 32, a monthly
abatement of four per cent shall be made from the salary or pension of
every officer, and such abatements shall be credited to the general
revenue:

Provided that in the case of an officer holding or having held a post
the salary of which is on a sterling basis, the abatement shall be made in
dollars at four per cent of such salary or pension converted into dollars
at the average demand rate of exchange from the 15th day of the
preceding month to the 1 5th day of the month of payment. Such
contributions shall continue to be payable on the full salary whenever an
officer is on leave of absence with half salary or without salary.
(Amended, 50 of 1911, s. 4; 51 of 1911; 12 of 1912, Schedule; 13 of
1912. Schedule; 21 of 1912, s. 2; 5 of 1924, Schedule; 33 of 1939,
Schedule, and 17 of 1963, s. 3)

In the case of an officer holding a post the salary of which is on a
dollar basis, the abatement shall be made in dollars at four per cent of his
nominal salary. (Added, 1 of 1911, s. 2. Amended, 50 of 1911; 12 of
1912, Schedule, and 33 of 1939, Schedule)

(2) Contributions made by officers holding or having held posts, the
salary of which is on a sterling basis, shall for the purpose of calculating
pensions be deemed to be fixed sterling contributions, and the pensions
shall accordingly be fixed and payable in sterling, or if paid in the
Colony shall be converted into dollars at the average demand rate of
exchange from the 15th day of the preceding month to the 15th day of
the month of payment. (Amended, 5 of 1924, Schedule)

(3) The abatement aforesaid shall be made by the Accountant
General, or in case of payments made by the Crown Agents, by the
Crown Agents, on each occasion of payment of salary or pension, and
shall be placed to the credit of the general revenue: (Amended, 50 of
1911, s. 4; 51 of 1911; 13 of 1912, Schedule; 21 of 1912, s. 2, and 33 of
1939, Schedule)

Provided that

(a)when a contributor on leave of absence is paid by the Crown
Agents, he shall be entitled to receive only ninetysix per cent
or forty-six per cent of his nominal salary, according as he is on
full or half pay leave, converted (in the case of dollar salaries)
into sterling at the rate of exchange at which such contributor
is entitled to receive such salary;





(b)when a contributor's pension is paid by the Crown Agents,
such pension (i) if a dollar pension shall, subject to the
provisions of sections 12 and 13, be reduced by four per cent of
its nominal dollar value, and the balance thus reduced shall be
payable to him, converted into sterling at the rate of exchange at
which he is entitled to receive such pension, and (ii) if a sterling
pension shall be payable to him, reduced by four percent.
(Amended, 50 of 1911; 12 of 1912, Schedule, and 33 of 1939,
Schedule)

(4) In the event of such abatement not being made, every officer
shall pay to the Accountant General or Crown Agents, within fifteen days
after the receipt by him of his monthly salary or pension, a sum equal to
four per cent thereof; and in the event of any officer being on leave
without salary, he shall pay, before the 15th day of every month during
the continuance of such leave, to the Accountant General or Crown
Agents, a sum equal to four per cent upon the full salary which he would
have received monthly if he had not been on leave. All sums due under
this subsection, and all arrears of contributions due and payable under
this Ordinance, shall be a debt due by the officer, and shall be payable to
the Accountant General or Crown Agents, with interest at six per cent,
forthwith or by such instalments as the directors may determine. The
Accountant General or Crown Agents shall, on the written order of the
directors or of any two of them, deduct from any moneys which may be or
may become due or payable to the officer by whom such debt is payable
the whole or any part thereof. (Amended, 50 of 1911; 51 of 1911; 12 of
1912, Schedule; 13 of 1912, Schedule, and 33 of 1939, Schedule)

9. Except as otherwise provided or permitted in this Ordinance, the
abatement aforesaid shall continue to be made until such officer has
either attained the age of sixty-five years, or has been subject to the
abatement for thirty-five successive years, whichever may first happen,
and shall thereupon cease and determine.

(Amended, 51 of 1911; 13 of 1912, Schedule, and 72 of 1967,
s.4)

9A. (1) Notwithstanding anything in this Ordinance to the contrary,
an officer who from any cause whatever ceases to belong to the public
service and retires on pension or has ceased to belong to the public
service and retired on pension may at any time, in lieu of being subject
to any further abatement from either salary or pension, elect by notice in
writing to the Accountant General to discontinue being a contributor
under this Ordinance whereupon he shall not be required to make any
further contribution and any pension to his widow or children (if any)
shall be computed on the basis of the potential benefit acquired by such
contributor at the date of his ceasing to contribute.

(2) An election under subsection (1) shall be irrevocable, and shall
be effective





(a)in the case of an officer who ceases to belong to the public
service on or after the date of enactment of the Widows and
Orphans Pension (Amendment) (No. 2) Ordinance 1967 and
whose notice of election is received by the Accountant General
not later than four months after the date on which he ceased to
belong to the public service, from the date notified in the notice
of election, not being a date earlier than the date on which he
ceased to belong to the public service; and

(b)in all other cases, from the date of receipt by the Accountant
General of the notice of election.

(Added, 72 of 1967, s. 5)

10. (1) Except as provided in sections 12 and 13, an officer who from
any cause whatever ceases to belong to the public service and retires on
pension and who is required to continue to make contributions under
this Ordinance shall not be called upon to make any further contribution
beyond a monthly abatement of four per cent on such pension to
commence from the date of his retirement until he attains sixty-five years
of age or has been subject to abatement for thirty-five years, when such
abatement shall cease. (Amended, 51 of 1911; 13 of 1912, Schedule; 33 of
1939, Schedule, and 72 of 1967, s. 6)

(2) An officer being a widower with children pensionable under this
Ordinance at the time when he leaves the public service shall on the last
of such children ceasing to be pensionable cease to contribute and to
have any rights under this Ordinance unless, before the last of such
children ceases to be pensionable, he remarries. (Amended, 51 of 1911;
13 of 1912, Schedule, and 72 of 1967,s.6)

(3) An officer who, having continued to contribute after leaving the
public service, subsequently becomes a widower, shall thereupon, or
upon the last of any of his children ceasing to be pensionable
(whichever event last happens), cease to contribute and to have any
rights under this Ordinance unless, in the case of an officer with children
pensionable under this Ordinance at the time when he becomes a
widower, he re-marries prior to the last of such children ceasing to be
pensionable. (Replaced, 17 of 1963, s. 4. Amended, 72 of 1967, s. 6)

(4)(a) Any officer (being an officer who is on the date of
commencement of the Widows and Orphans Pension
(Amendment) Ordinance 1965 liable to contribute under this
Ordinance notwithstanding that he has left the public service)
who

(i) left the public service before the 24th day of May 1963;
and

(ii) did not have any children pensionable under this
Ordinance at the time when he left the public service; and





(iii) became a widower after he left the public service but
before the 24th day of May 1963,

may, by notice in writing received by the Accountant General
at any time within six months after the commencement of the
Widows and Orphans Pension (Amendment) Ordinance 1965,
elect to discontinue being a contributor whereupon he shall
not be required to make any further contribution and shall
cease to have any rights under this Ordinance save that he
shall receive back the amount of the contributions paid by him
since the date on which he became a widower with compound
interest thereon, and for the purposes of this paragraph the
provisions of subsections (5) and (6) of section 11 shall apply
mutatis mutandis.

(b)An election made under paragraph (a) of this subsection shall
be irrevocable. (Added, 20 of 1965, s. 3)

11. (1) A bachelor or a widower without children pensionable under
this Ordinance, who leaves the public service with or without pension
on transfer or on retirement or on dismissal or otherwise, shall not be
required to make any further contribution, and shall receive back, unless
he elects to continue being a contributor

(a)in the case of a bachelor, the amount of the contributions paid
by him with compound interest thereon; and

(b)in the case of a widower, the amount of contributions paid by
him during the period from the death of his last wife or the date
upon which he ceased to have any child pensionable under
this Ordinance, whichever last occurred, with compound
interest thereon:

Provided that, in the case of an officer who is dismissed from the
public service, contributions repayable under paragraphs (a) and (b)
shall be repaid without interest.

(2) Where a bachelor or a widower without children pensionable
under this Ordinance dies while in the public service, his legal
representative shall receive back

(a)in the case of a bachelor, the amount of the contributions paid
by him with compound interest thereon; and

(b)in the case of a widower, the amount of the contributions paid
by him during the period from the death of his last wife or the
date upon which he ceased to have any child pensionable
under this Ordinance, whichever last occurred, with compound
interest thereon.

(3) For the purposes of subsection (1), unless within six months
after the date when he leaves the public service an officer has by notice
in writing to the Accountant General elected to





continue being a contributor, he shall be deemed to have elected to
discontinue being a contributor.

(4) Subject to the provisions of section 15, in the case of an officer
who leaves the public service on transfer to any other office under the
Crown, an election made under subsection (1) shall be irrevocable.

(5) For the purposes of this section, interest shall be calculated at
two and a half per cent per annum with annual rests on the 31st day of
December in each year; the interest beginning to accrue in respect of
each contribution on the 1st day of January following the day upon
which the contribution is paid and ceasing on the last day of the month
preceding the month in which payment under this section is made.

(6) Where contributions become repayable under this section and
at the time the officer has acknowledged a debt as being due to the
Government or the existence of such a debt has been established in any
court, the amount of such debt shall be deducted from the contributions
so repayable.

(Added, 17 of 1963, s. 5)

12. (1) Whenever the salary of an officer becomes reduced by
abatement of his emoluments or by retirement on pension, then, if he is
an officer who is required to continue to make contributions under this
Ordinance, he may elect to continue to contribute upon the higher salary
which he was receiving previous to such reduction, and subject to the
same terms and conditions as if he had continued to draw the higher
salary:

Provided that

(a)such officer shall notify his decision to the Accountant General
within one month after the date of the abatement or within four
months after the date of his retirement; and

(b)if such officer fails to notify his decision to the Accountant
General within one month or four months, as the case may be,
or if he dies before he has notified his decision, he shall be
deemed to have elected to contribute on the lower salary or
pension. (Amended, 50 of 1911; 51 of 1911; 12 of 1912,
Schedule; 13 of 1912, Schedule; 33 of 1939, Schedule, and 72
of 1967, s. 7)

(2) If such officer does not elect so to continue to contribute upon
the higher salary, and contributes on the lower salary or pension, any
pension to his widow or children shall be diminished by the amount by
which it would have been increased had such officer's salary been
increased and not diminished. (Amended, 51 of 1911; 13 of 1912,
Schedule, and 33 of 1939, Schedule)

13. In the case of an officer retiring whose pension is paid on a
dollar basis and who elects to contribute on the basis of his former dollar
salary, such pension shall be reduced by the amount of the abatement at
four per cent of his former dollar salary, and





the balance shall be payable to him converted into sterling at the rate of
exchange at which he is entitled to receive such pension.

(Added, 1 of 1911, s. 3. Amended, 50 of 1911; 51 of 1911;
12 of 1912, Schedule, and 13 of 1912, Schedule)

14. An officer who retires or who is deprived of the office in respect
of which he contributed, but who is not granted a pension, may continue
to contribute, from the date of his so retiring or being deprived of his
office, on the salary which he was receiving at the date of such
retirement or deprivation, at the same rate and subject to the same terms
and conditions as if he had continued in the public service and
continued to receive the salary which he was receiving at the date of
such retirement or deprivation. (Amended, 50 of 1911; 51 of 1911; 12 of
1912, Schedule, and 13 of 1912, Schedule)

In the event of his ceasing to contribute or in the event of any
contributions due from him not having been paid for six months, his
widow or his widow and children, as the case may be, shall be entitled on
his death only to a pension computed on the basis of the potential
benefit acquired by such contributor at the date of his ceasing to
contribute. (Amended, 51 of 1911; 13 of 1912, Schedule, and 72 of
1967, s. 8)

15. An officer transferred from the service of this Government to any
other office under the Crown may continue to contribute from the date of
his ceasing to hold office in the service of this Government on the salary
which he was receiving at the date of such transfer, at the same rate and
subject to the same terms as if he had continued in the service of this
Government and continued to receive the salary which he was receiving
at the date of such transfer. (Amended, 51 of 1911; 13 of 1912,
Schedule, and 33 of 1939, Schedule)

In the event of his ceasing to contribute, or in the event of any
contribution due from him not having been paid for six months, his
widow or his widow and children, as the case may be, shall be entitled
after his death only to a pension computed on the basis of the potential
benefit acquired by such contributor at the date of his being transferred
or of his ceasing to contribute. (Amended, 51 of 1911; 13 of 1912,
Schedule, and 72 of 1967, s. 8)

16. (1) Every officer who becomes liable to contribute under this
Ordinance shall, within three months from the date of his becoming
liable to contribute, forward to the Accountant General a declaration
setting forth

(a)the date of his becoming so liable, his own name in full, and the
date of his birth; and

(b)if he is married, the date of his marriage and the maiden name in
full and the date of birth of his wife; and





(e)if he has any children, their names in full, the sex of each
and the date of each of their births and where any such
child is an adopted child, the date of adoption.

(2) Every officer who marries shall, within three months from
the date of his marriage, forward to the Accountant General a
declaration setting forth-

(a)the date of such marriage and the maiden name in full of
his wife and the date of her birth; and

(b)if there are any children legitimated by such marriage,
their names in full, the sex of each and the date of each
of their births.

(3) Every officer shall, within three months from the date of
the event, forward to the Accountant General a declaration setting
forth-

(a)the date of birth of any child of his within the meaning of
paragraph (a) of the definition of 'child' in subsection (1)
of section 2, and the sex of such child; and
(b)the date of adoption by him of any child within the meaning
of paragraph (b) of the definition of 'child' in subsection
(1) of section 2 together with the sex and the date of birth
of such child.

(4) Every officer whose wife dies or is divorced from him,
or whose child dies or is adopted by some other person, or whose
female child is married, and the guardian of every child who dies
or is adopted by some other person or of every female child who
is married, shall, within three months thereof, forward to the
Accountant General a declaration setting forth the date of such
death, divorce, adoption or marriage.

(5) The provisions of this section requiring the supply of
information in respect of an adopted child (whether a child adopted
by an officer or an officer's child adopted by any other person) and
a legitimated child shall apply in relation to a child adopted or
legitimated by marriage before the date of enactment of the Widows
and Orphans Pension (Amendment) (No. 2) Ordinance 1967 if
on such date such child is pensionable under this Ordinance or
would be entitled to a pension or a share in a pension under this
Ordinance but for the provisions of subsection (4) of section 2,
but in such a case the period of three months specified in the fore-
going provisions of this section shall commence on the date of the
enactment of that Ordinance.

(6) Any declaration under this section shall, if at any time
the directors so require, be verified by the production of birth,
death, marriage or other certificate or by affidavit or otherwise, to
the satisfaction of the directors, and until so verified no regard
whatsoever shall be had of the occurrence of the event notified in
such declaration.
(Replaced, 72 of 1967, s. 9)





17. (1) Every officer who, in the judgment of the directors-

(a)fails, omits or refuses to perform any duty cast upon him or to
do any act required of him by this Ordinance, or, in particular
but without prejudice to the generality of the foregoing, fails,
omits or refuses within a reasonable time to verify, to the
satisfaction of the directors and in the manner required under
subsection (6) of section 16, any declaration made by him under
that section, may be adjudged by the directors to pay for each
such default, omission or refusal a fine not exceeding one
hundred dollars; or

(b)furnishes any false information or makes any false declaration,
shall forfeit at the discretion of the directors, subject to the
consent of the Governor, all or any part of his rights under this
Ordinance.

(Amended, 30 of 1911; 50 of 1911; 51 of 1911; 12 of 1912, Schedule;
13 of 1912, Schedule; 22 of 1950, Schedule, and 72 of 1967, s. 10)

(2) The Accountant General shall, on the judgment of the directors
being notified to him, deduct the amount of such fine from the first
moneys payable to the officer as salary or otherwise, and shall pay such
amount into the general revenue. (Amended, 51 of 1911; 13 of 1912,
Schedule, and 33 of 1939, Schedule)

18. (1) No widow of an officer, whose marriage was contracted after
he had ceased to contribute, and no child of such marriage shall be
entitled to a pension. (Amended, 50 of 1911; 51 of 1911; 12 of 1912,
Schedule, and 13 of 1912, Schedule)

(2) No widow of an officer who dies within one year from the date
of his marriage shall be entitled to a pension unless a child is born
of such marriage: Provided that it shall be lawful for the
directors, with the consent of the Governor, to award to award to such last-
mentioned widow all or any part of the pension to which she would have
been entitled but for the provisions of this subsection. (Amended, 12 of
1910, s. 2 50 of 1911; 51 of 1911; 12 of 1912, Schedule, and 13 of
1912, Schedule)

19. The allowance or pension to an orphan shall cease in the case
of a male at the age of eighteen years, and in the case of a female on
marriage or at the age of twenty-one years.

20. Pensions under this Ordinance shall be calculated in accordance
with the Tables and Instructions set forth in the Schedule, and the
Accountant General shall pay the pensions, or cause them to be paid by
the Crown Agents, as they become due.

(Replaced, 72 of 1967, s. 11)

21. Subject to the provisions of section 19, when orphans have no
living mother or stepmother entitled to a pension, the pension to which
the wife of the deceased contributor would have





been entitled if she had survived him or which his widow was receiving
at the time of her death shall be divided equally among such orphans;
and whenever one of such orphans ceases to be eligible for pension, the
whole pension shall be re-divided equally among the others.

(Replaced, 33 of 1939, Schedule)

22. If the widow of an officer marries again she shall cease to receive
apension from the date of remarriage; and the children of such widow
and officer shall thereupon be entitled to pension as if both their parents
were dead.

(Replaced, 33 of 1939, Schedule)

23. A wife whose marriage has been dissolved by a divorce which
would be recognized as valid by a British court of justice shall, for the
purposes of this Ordinance, be considered as dead; but where an officer
has been separated from his wife, either judicially or by mutual consent,
or otherwise, the directors may, having regard to the grounds of the
separation and the subsequent conduct of both parties, grant a pension
either to the widow or to the orphans if any, as they shall think the more
desirable.

(Amended, 51 of 1911; 13 of 1912, Schedule, and 33 of 1939,
Schedule)

24. (1) When an officer dies leaving a widow and children, the issue
of a previous marriage existing when he became a contributor or
contracted after he became a contributor, such children shall be entitled
each to a share or portion of one-half of the pension to which their
mother, if she had survived their father, would have been entitled, such
share or portion being calculated in accordance with the provisions of
section 21. (Replaced, 33 of 1939, Schedule)

(2) The widow of such officer shall be entitled to one-half of the
pension to which she would have been entitled if there had been no
such children; and when such children cease to be entitled to pension,
then she shall be entitled to the whole of the pension which she would
have received if there had been no such children. (Replaced, 33 of 1939,
Schedule)

(3) If the widow dies leaving no issue of her marriage with the
officer, the children of the first marriage shall be entitled to such
pensions as if the officer had not contracted such subsequent marriage.
(Amended, 51 of 1911, and 13 of 1912, Schedule)

(4) If the widow dies leaving children, the issue of her marriage with
the officer, such children shall be entitled each to a share or portion of
the pension to which their mother was entitled, such share or portion
being calculated in accordance with the provisions of section 21.(Amended, 51 of 1911, and 13 of 1912, Schedule)





25. The children of a widower who is or becomes a contributor shall
be entitled on his death to the pension to which they would have been
entitled if their mother had been living at the time of his becoming liable
to contribute.

(Amended, 33 of 1939, Schedule)

26. The pension payable to any person entitled thereto shall begin
upon the death of the officer or of his widow, as the case may be, and
shall accrue daily and shall be paid monthly. But before any such
payment, it shall be lawful for the directors to require proof that any
widow or child is alive and entitled to the pension claimed by such
widow or child.

(Amended, 50 of 1911; 51 of 1911, 12 of 1912, Schedule,
and 13 of 1912, Schedule)

27. (1) In any case in which a minor is entitled to payment of a
pension or portion of a pension, it shall be lawful for the directors to
appoint a fit and proper person to whom such pension shall be paid on
behalf of such minor. (Amended, 50 of 1911, and 12 of 1912, Schedule)

(2) Such appointment shall be in writing under the hand of at least
three of the directors, and the receipt of such person shall be a legal
discharge for the payment of such pension or portion thereof.

28. If the widow of any officer ceases to assist, deserts or
abandons a child who would be entitled on her death to draw pension,
and who may be in a state of poverty or destitution, the directors may,
in their discretion, pay to a fit and proper person on behalf of such child
such proportion of the pension as they may think fit in each case, and
the widow shall have no further claim on the directors in respect thereof.

(Amended, 50 of 1911; 51 of 1911; 12 of 1912, Schedule;
13 of 1912, Schedule, and 33 of 1939, Schedule)

29. (1) No pension payable under this Ordinance shall be assigned
or transferred, and every assignment or transfer thereof shall be
absolutely null and void and of no effect.

(2) No such pension shall be attached, or levied upon, or arrested,
or taken in execution on account of any debt or payment due by the
person to whom such pension is payable:

Provided that any contribution or other sum due under this
Ordinance from a deceased officer may be deducted from any pension
payable under this Ordinance to or on behalf of the widow or

children of such officer. (Added, 72 of 1967, s. 12)





30. If any question arises as to whether any person is an officer
within the meaning of this Ordinance, or as to whether any person is
entitled to any pension as the widow or child of an officer, or as to the
amount of pension to which any widow or child is entitled, or as to the
meaning or construction to be assigned to any section of this
Ordinance, or to any rule or regulation made under the provisions
thereof, it shall be lawful for the directors, and they are hereby required,
on the application of any such officer, widow or child, to submit such
question for decision to the Governor; and the decision of the Governor
thereon, with the advice of the Executive Council, shall be final.

(Amended, 51 of 1911, and 13 of 1912, Schedule)

31. No person contributing at the commencement of this Ordinance
shall be required to pay any higher contribution than such as would
entitle his widow or children to a pension of, in the case of a dollar
contributor, fifteen hundred dollars, and in the case of a sterling
contributor, two hundred and twenty-five pounds sterling per annum:
(Amended, 8 of 1912, s. 71, and 2 of 1931, s.5)

Provided that every such person may if he wishes contribute the
full four per cent of his salary or pension referred to in sections 8 and 10.

32. (1) When, after the commencement of the Widows and Orphans
Pension (Amendment) Ordinance 1963, an officer first becomes liable to
contribute at a rate in excess of one hundred and twenty-five dollars per
mensem he may by notice in writing to the Accountant General elect

(a)to contribute at the rate of one hundred and twenty-five dollars
per mensem; or

(b) to contribute at the rate provided by section 8.

(2) Where, prior to the commencement of the Widows and Orphans
Pension (Amendment) Ordinance 1963, an officer has become liable to
contribute at a rate in excess of one hundred and twenty-five dollars per
mensem, he may by notice in writing to the Accountant General elect

(a)to contribute at the rate of one hundred and twenty-five dollars
per mensem; or

(b)to contribute at the rate at which he was contributing
immediately prior to the 1st day of July 1959 where such
amount was not less than one hundred and twenty-five dollars
per mensem; or

(c) to contribute at the rate provided by section 8.

(3) For the purpose of subsection (1), unless within three months
after the date when he first became liable to contribute





more than one hundred and twenty-five dollars per mensem, or such
longer period as the directors may in any particular case allow, an officer
has made his election, he shall be deemed to have elected to contribute
at the rate provided by section 8.

(4) For the purposes of subsection (2)-

(a)unless within three months after the commencement of the
Widows and Orphans Pension (Amendment) Ordinance 1963, or
such longer period as the directors may in any particular case
allow, an officer has made his election, he shall be deemed to
have elected to contribute

(i) in the case of an officer who is in the public service at the
commencement of the aforesaid Ordinance, at the rate
provided by section 8; and

(ii) in the case of an officer who has left the public service at
the commencement of the aforesaid Ordinance, at the rate at
which he was contributing immediately prior to leaving the
public service;

(b)any election shall take effect from the 1st day of July 1959 or
the date on which the officer first became liable to contribute
more than one hundred and twenty-five dollars per mensem,
whichever is the later.

(5) Where, under the provisions of this section, an officer has
elected to contribute at the rate provided by section 8, he may at any
time, by notice in writing to the Accountant General, elect to contribute
at the rate at which he was contributing at the date of such notice.

(6) Save as provided in subsection (5), an election made under this
section shall be irrevocable.

(Added, 17 of 1963, s. 6)

33. The directors may make regulations, subject to the approval of
the Governor in Council, for the proper carrying out of this Ordinance.

(Amended, 50 of 1911; 51 of 1911; 12 of 1912, Schedule;
13 of 1912, Schedule, and 5 of 1924, Schedule)

34. This Ordinance shall not apply to any member of the Overseas
Audit Service, appointed on the recommendation of the Director
General of the Overseas Audit Service in London, unless within six months
after the date of his arrival in the Colony he has
stated in writing to the Accountant General that he desires this
Ordinance to apply to him, in which event it shall apply accordingly
from the date of the receipt of the statement by the Accountant General.

(Added, 27 of 1911, s. 2. Amended, 50 of 1911; 51 of 1911; 8 of
1912, s. 71; 12 of 1912, Schedule; 13 of 1912, Schedule,
and 33 of 1939, Schedule)





SCHEDULE.* [s. 20.]
PART I
PENSION TABLES.

TABLE A.

The Yearly Pension, payable by monthly instalments, which a SINGLE
CONTRIBUTION of 1 will secure.

AGE of AGE OF WIFE NEXT
HUSBAND
NEXT
BIRTHDAY 15 20 25 30 35 40 45 50 55 60 65 70 75 80

18 .402 .465 .541 .649 .769
19 .385 .444 .518 .621 .741

20 .368 .424 .493 .592 .709 .862
21 .352 .405 .474 .565 .680 .826
22 .337 .386 .452 .538 .649 .794
23 .322 .368 .431 .513 .617 .758
24 .308 .351 .410 .488 .588 .725

25 .294 .334 .389 .463 .559 .690 .855
26 .282 .319 .370 .441 .532 .658 .820
27 .270 .305 .352 .418 .505 .625 .781
28 .258 .291 .334 .397 .478 .592 .741
29 .246 .277 .318 .376 .452 .559 .704

30 .236 .264 .303 .356 .429 .529 .667 .847
31 .226 .252 .288 .337 .407 .500 .629 .806
32 .216 .240 .274 .319 .385 .472 .595 .763
33 .207 .229 .260 .303 .364 .444 .562 .719
34 .198 .219 .248 .287 .344 .418 .529 .676
35 .189 .209 .235 .272 .324 .395 .498 .637 .833
36 .181 .199 .224 .258 .306 .373 .467 .599 .787
37 .174 .190 .214 .245 .289 .352 .439 .362 .741
38 .166 .182 .204 .233 .273 .332 .412 .529 .694
39 .160 .174 .194 .221 .238 .312 .388 .498 .654
40 .153 .167 .185 .210 .245 .294 .365 .467 .613 .826
41 .147 .159 .177 .200 .232 .277 .344 .439 .573 .775
42 .141 .153 .169 .190 .220 .261 .323 .412 .538 .725
43 .136 .146 .161 .181 .208 .246 .303 .386 .503 .680
44 .131 .140 .154 .172 .198 .233 .285 .361 .472 .637
45 .125 .135 .147 .164 .188 .221 .268 .338 .442 .595 .833
46 .121 .130 .141 .157 .178 .209 .253 .317 .415 .559 .781
47 .116 .125 .135 .150 .170 .198 .238 .299 .389 .524 .730
48 .112 .120 .130 .143 .162 .188 .225 .281 .365 .490 .685
49 .108 .115 .124 .137 .154 .179 .213 .265 .342 .459 .645
so .104 .111 .120 .131 .147 .170 .202 .249 .322 .431 .606 .877
51 .107 .115 .126 .141 .162 .192 .236 .303 .405 .571 .840
52 .10.1 .111 .121 .135 .134 .182 .223 .286 .382 .538 .800
53 .100 .107 .117 .129 .147 .174 .212 .270 .360 .508 .758
54 .097 .103 .112 .124 .141 .166 .201 .256 .340 .478 .714
55 .094 .100 .108 .119 .135 .158 .191 .242 .322 .452 .676 1.0751
56 .097 .104 .115 .130 .151 .182.229 .303 .426 .633 1000

57 .093 .101 .111 .125.144 .173 .217 .286 .400 592 :935
58 .090 .097 .107 .120.138 .165 .205 .270 .375 :552 .870
59 .088 .094 .103 .115.132 .157 .195 .254 .351 .515 '806
60 .085 .091 .099 .111.127 .150 .185 .239 .328 .481 .746 1.250
61 .088 .096 .106 .122 .143 .175 .226 .308 .450 .69411.163
62 .083 .093 .103 .117 .137 .167 .213 .289 .422 .64911.087

63 .083 .090 .099 .112 .131 .159 202 273 .397 .610 1.010

64 .081 .087 .096 .108 .126 .152 5931 :259 .373 .571 .943
65 .079 .085 .093 .105 .122 .146 .185 .247 .352 538 .883

Effective from 1st July 1959.





TABLE B.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 55 next birthday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.






TABLE B---Contd.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 56 next birthday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.

AGE OF WIFE NEXT BIRTHDAY






TABLE B-Contd.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 57 next birthday after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable aslo by monthly instalments, will secure.

Age of WIFE NEXT BIRTHDAY






TABLE B-Contd.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 58 next birthday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.

AGE OF NEXT BIRTHDAY





TABLE B-Contd.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 59 next birdiday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.






TABLE B-Contd.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 60 next birthday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.






TABLE B-Contd.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 61 next birthday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.






TABLE B-Contd.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 62 next birthday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.






TABLE B-Contd.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 63 next birdiday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.






TABLE B-Contd.

This section of Table B is applicable only in the case of an officer whose
contributions will cease when he is aged 64 next birthday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.






TABLE B-Contd.

This section of Table B is applicable only in the ease of an officer whose
contributions will cease when he is aged 65 next birthday, after 35 years
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.






TABLE B-Contd.

This section of Table B is applicable only in the case of an olficer whose
contributions will cease on his 65th birthday, before completion of 35 years'
contributions.

The Yearly Pension, payable by monthly instalments, which a YEARLY
CONTRIBUTION of 1, payable also by monthly instalments, will secure.






TABLE C.

The SINGLE PAYMENT which will secure a YEARLY PENSION of 1,
payable by monthly instalments.






PART 11.

INSTRUCTIONS FOR THE USE OF PENSION TABLES.

The calculation of the amount of the pension that will or may become
payable at the death of a contributor should not be delayed until such death has
actually occurred; but records should be kept in which full particulars in respect of
each contributor should be entered, and in these records should be recorded against
every married or widower conuibutor the amount of the pension which would
become payable should he die immediately, leaving a widow or orphans entitled to
such pension. The amount of the pension per annum so entered in the records
against a contributor (which in these Instructions is referred to as his 'registered
pension') should be calculated, and re-calculated as often as may be necessary, in
accordance with these Instructions.
Note 1. The pension, if any, (including all variations consequent upon the rise or
fall in the amount of any contribution or upon remarriage) in respect
of every officer who has ceased to contribute and whose last
contributions fell due on or before the 30th day of June 1959 shall be
calculated or continue to be calculated on and in accordance with the
pension tables and rules for calculating pensions in force on the 30th
day of June 1959.
Note 2. The pension, if any, (including variations consequent upon the rise or fall
in the amount of any contribution which fell due on or before the 30th
day of June 1959, but not which falls due on or after the 1st day of July
1959, and including variations consequent upon re-marriage on or
before the 30th day of June 1959, but not upon re-marriage on or after
the 1st day of July 1959) in respect of every officer (other than an
officer who was a bachelor on the 30th day of June 1959) who
commenced to contribute before, and was still a contributor on, the 1st
day of July 1959 shall be calculated in two parts in the manner
indicated in the examples given in section G of this Part, namely

(a)the part purchased by contributions which fell due on or
before the 30th day of June 1959, which shall be ascertained
by subtracting the annual pension, calculated on and in
accordance with the pension tables and rules for calculating
pensions in force on the 30th day of June 1959, which would
be payable to beneficiaries of the officer in the event of the
officer making no further contributions after the 30th day of
June 1959, from the annual pension, similarly calculated,
which would have become payable to beneficiaries of the
officer if he had died on the 30th day of June 1959; and

(b)the part purchased by contributions falling due on or after the
1st day of July 1959, which shall be calculated on the section
of Table B in Part 1 of this Schedule which contains in the
heading the age next birthday of the officer at the date of
completion of his period of contribution or, where
completion of the period of contribution occurs on his
attaining the age of sixty-five years without his having
contributed for thirty-five successive years, on the last section
of Table B in Part 1 of this Schedule, such calculation being
based on the annual contribution of the officer as at the 30th
day of June 1959;

and if Part (b), so calculated, is not less than it would be if it were
similarly calculated on the appropriate section of Table B of the
pension tables in force on the 30th day of June 1959 it shall be added to
Part (a); otherwise, Part (b) shall be similarly calculated on the
appropriate section of Table B of the pension tables in force on the
30th day of June 1959 and the amount thereof added to Part (a).




amount of any contribution or upon re-marriage) in respect of the
following officers shall be calculated on and in accordance with the
Tables and Instructions set forth in this Schedule, that is to say

(a)the pension, if any, in respect of every officer who
commenced to contribute on or after the 1st day of July
1959; and

(b)the pension, if any, in respect of every officer who, being a
bachelor, marries on or after the 1st day of July 1959, in
relation to contributions paid both before and after marriage
and whether or not he commenced to contribute before the
1st day of July 1959.

Note 4. The Tables and Instructions set forth in this Schedule shall apply

(a)to the pension, if any, in respect of every officer who
commenced to contribute before, and was still a contributor
on, the 1st day of July 1959, for the purpose of calculating
variations when the amount of his contributions rises or falls
on or after that date; and

(b)to the pension, if any, of every officer, being an officer who
commenced to contribute before, and was still a contributor
on, the 1st day of July 1959, who on the 30th day of June
1959 was a widower, for the purpose of calculating variations
consequent upon his remarriage on or after the 1st day of July
1959, if he remarries on or after that date.
SECTION A-CONTRIBUTOR W140 COMMENCED TO CONTRIBUTE WHILE
A BACHELOR OR WHILE A WIDOWER WITHOUT ANY
CHILD OF PENSIONABLE AGE.

Note 1. In this section

'first wife', in the case of an officer who commenced to contribute
while a widower without any child of pensionable age, means the
first wife married by such officer after his commencing to
contribute; and

'marriage', in the case of an officer who commenced to contribute
while a widower without any child of pensionable age, means the
first marriage of such officer after his commencing to contribute.
Note 2. No registered pension is to be recorded unless and until the contributor
marries.

I-FiRsT WIFeS PROSPECTIVE PENSION.

The registered pension to be recorded on marriage is found by adding together
the two amounts calculated in accordance with the following rules 1(a) and I(b),
respectively

(a) Pension in consideration of the contributions paid before marriage.
RULE 1(a) Increase each contribution by 50 per cent (being Government's
contribution); then accumulate the contributions (so
increased) at 31 per cent, compound interest, with yearly rests
at each 31st December; and then multiply the result by the
quantity found from Table A corresponding to the respective
ages next birthday of the husband and wife at the date of
marriage.





The product gives the registered pension on account of
the contributions paid before marriage.

(b)Pension in consideration of the annual contribution current at the date of
marriage.
RULE I(b) Increase the amount of the current annual contribution (which is
obtained by multiplying by 12 the amount of the last monthly
contribution) by 50 per cent (being Government's
contribution); then turn to the section of Table B which
contains in the heading the age next birthday of the husband
at the date of completion of his period of contribution, or,
where completion of the period of contribution occurs on his
attaining the age of 65 years without his having contributed
for 35 successive years, turn to the last section of Table B,
and multiply the amount of the current annual contribution
(so increased) by the quantity found from that section
corresponding to the respective ages next birthday of the
husband and wife at the date of marriage.

The product gives the registered pension on account of
the annual contribution current at the date of marriage.

EXAMPLE

Officer born on .........31st July 1932
Officer commenced to contribute on 1st April 1958
Officer married on ......30th June 1962
Annual contribution, 1st April 1958 to 31st
December 1960 ...........5400
Annual contribution, 1st January 1961 to date
of marriage .............5500
Date of completion of cortribution period 1st April 1993
Wife born on ............31st August 1942
Officer's age next birthday at date of marriage 30
Officer's age next birthday at completion of
contribution period .....61
Wife's age next birthday at date of marriage 20

Application of rule l(a).

Increase and accumulation of contributions paid before marriage

1st April 1958 to 31st December
1958 .................... 5300 increased
.....................by 50' 1 to 450.00
...................../0

Contributions during 1959 5400 increased

by 50 to.................... 600.00
One year's interest at 31 on $450 5 15.75

51,065.75

Contributions during 1960 ....... $400 increased

by 50% to..................... 600.00
One year's interest at 31 on $1,065.75 $_37.30

$1,703.05

Contributions during 1961 $500 increased

.............................by 50% to 5 750.00






One year's interest at 31 on $1,703.05 ......... 5 59.61

$2,512.66

Contribution from 1st January 1962 to

30th June 1962 (i.e. date of marriage) ... $250 increased

by 50% to..................... 375.00
Half-year's interest at 3~% on $2,512.66 5 43.97

$2,931.63





Quantity found from Table A-

Husband ....30 264
Wife* ......20}

Then the registered pension in consideration of contributions paid before

marriage $2,931.63 x .264
$773.95
Application of rule I(b).
Annual contribution current at date of marriage $500
Current annual contribution increased by 50% . 5750

Quantity found from Table B, section for officers aged 61 next birth-
day at completion of period of contribution-

Husband ....30 4.81
Wife* ......20

Then the registered pension in consideration of annual contribution current at
marriage $750 < 4.81

$3,607.50

Total registered pension to be recorded on the contributor marrying

By rule l(a) . 773.95
By rule l(b) .$3,607.50

Total ..........$4,381 .45

(c)Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is married to his first wife.
RULE I(c) Increase the amount of the increment to, or the decrement from,
the current annual contribution (which is obtained by
multiplying by 12 the amount of the last monthly
contribution) by 50 per cent; then turn to the section of Table
B which contains in the heading the age next birthday of the
husband at the date of completion of his period of
contribution, or, where completion of the period of
contribution occurs on his attaining the age of 65 years
without his having contributed for 35 successive years, turn to
the last section of Table B, and multiply the amount of the
increment or decrement (so increased) by the quantity found
from that section corresponding to the respective ages next
birthday of the husband and wife at the date of the variation of
the contribution.

The product gives the amount to be added to the
registered pension consequent on the increment to the current
annual contribution, or, as the case may be, the amount to be
deducted from the registered pension consequent on the
decrement from the current annual contribution.

The cessation of the contribution from any cause, other
than by reason of the death of the contributor, before the
completion of the full period of contribution must be regarded
as a decrement from the current annual contribution equal to
the amount of such current annual contribution.

Note-Where the age is not given in the Tables, proceed as illustrated in the general examples

given in section F.





EXAMPLE-
Assume particulars as in example subjoined to rules I(a) and l(b).
Annual contribution increases on 31st May 1967 from $500 to $700
Annual contribution decreases on 30th April 1972 from $700 to $600
Annual contribution ceases on 31st March 1977.
31st May 1967, increment to current annual contribution 5200
Increase of the increment (50%) ..$300

Quantity found from Table B, section for officers aged 61 next birth-
day at completion of period of contribution-

Husband ....35 3.85
WThen amount to be added to the registered pension $300 x 3.85
$1,155.00

Registered pension at marriage (see example subjoined to rules

I(a) and I(b) .............54,381.45
Add .......................51,155.00

Registered pension at 31st May 1967 $5,536.45

30th April 1972, decrement from current annual contribution ... $100

Increase of the decrement (50 %) .5150

Quantity found from Table B, section for officers aged 61 next birth-
day at completion of period of contribution-

Husband ....401 2.99
Wife* ......30

Then amount to be deducted from the registered pension 5150 , 2.99
$448.50

Registered pension at 31st May 1967 55,536.45
Deduct .............................5 448.50
Registered pension at 30th April 1972 55,087.95

31st March 1977, cessation of contribution regarded as decre

ment from current annual contribution $600
Increase of the decrement (50%) ...$900

Quantity found from Table B, section for officers aged 61 next birth-
day at completion of period of contribution-

Husband ....451 2.20
WThen amount to be deduced from the registered pension 5900 X 2.20
$1,980.00

Registered pension at 30th April 1972 55,087,95
Deduct .............................$1,980.00
Registered pension at 31st March 1977 53,107.95

II SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE
PENSION.

(a)Variations of pension consequent upon increments to, and decrements from,
the current annual contribution while the contributor is a widower.






RULE ll(a) Assume that the contributor is married to a wife of the age that
his last preceding wife would have been had she survived to the
date of the variation of the contribution, and proceed in
accordance with rule I(c).

Note-Where the age is not given in the Tables, proceed as illustrated in the general examples

given in section F.





EXAMPLE

If the particulars be as in the example subjoined to rule I(c), except that
the first wife, who was born on 3 1st August 1942, dies on 30th November
1962, it would be assumed that the contributor was at the date of each of the
three variations of the contribution married to a wife who was born on 31st
August 1942. The calculations will then be identical with those given in the
example subjoined to rule I(c).

(b) Variations of Pension consequent on the re-marriage of the contributor.

Note-No variation of the registered pension is to be recorded if the second or
subsequent wife was at the date of the re-marriage of the same age next
birthday as the last preceding wife would have been had she survived to
that date.
RULE Il(b) -If the second, or subsequent, wife was at the date of the re-
marriage of a lesser or greater age next birthday than the last
preceding wife would have been had she survived to that date,
multiply the amount of the registered pension by the quantity
found from Table C corresponding to the age next birthday of
the husband at the date of remarriage, and the age next
birthday which the last preceding wife would have attained had
she survived to that date; then multiply the product so
obtained by the quantity found from Table A corresponding to
the respective ages next birthday of the husband and of the
second, or subsequent, wife at the date of the re-marriage.

The result gives the registered pension to be recorded on
the re-marriage of the contributor.

EXAMPLE

Assume particulars as in the example subjoined to rules I(a) and l(b).

First wife dies on ....30th November 1962
Contributor re-marries on 31st January 1967
Contributor's age next birthday at date of
the re-marriage .......35
Second wife born on ...30th June 1947
Second wife's age next birthday at date of
the re-marriage .......20
Age next birthday which the first wife would
have attained had she survived to date
of the re-marriage ....25

31st January 1967 (i.e. date of re-marriage)-The second wife being of a
less age next birthday at the date of the re-marriage than the first wife
would have been had she survived, the registered pension of $4,381,45
(see example subjoined to rules I(a) and I(b)) is to be re-calculated as
follows

Quantity found from Table C-

Husband ..35 4.25
First wife* 25

Quantity found from Table A-

Husband 351 .209

Second wiRegistered pension at 31st January 1967 54,381.45 x 4.25 x .209
$3,891.82







Note-Where the age is not given in the Tables, proceed as illustrated in the general examples
given in ~on F.





(c) Variations of pension consequent on increments to, and decrements from,

the current annual contribution while the contributor is married to his second,
or subsequent, wife.

RULE II(c) Proceed as in rule l(c)
SECTION B CONTRIBUTOR WHO COMMENCED TO CONTRIBUTE
WHILE MARRIED.

wife at the date of commencement of the contribution is to be considered as
the officer's first wife, and no particulars are to be recorded respecting any
former wife to whom he may have been married unless there is issue of such
former wife of a pensionable age, in which case the matter is regulated by
sections 21, 22, 24, 25 and 28 of the Ordinance (see Section D-Pensions to
orphan children).

III FIRST WIFE'S PROSPECTIVE PENSION.

(a) Pension in consideration of the annual contribution current at the date of

commencement of the contribution.
RULE III(a)-Increase the amount of the current annual contribution (which is
obtained by multiplying by 12 the amount of the last monthly
contribution) by 50 per cent (being Government's
contribution); then turn to the section of Table B which
contains in the heading the age next birthday of the husband
at the date of completion of his period of contribution, or
where completion of the period of contribution occurs on his
attaining the age of 65 years without his having contributed
for 35 successive years, turn to the last section of Table B,
and multiply the amount of the current annual contribution
(so increased) by the quantity found from that section
corresponding to the respective ages next birthday of the
husband and wife at the date of commencement of the
contribution.

The product gives the registered pension on account of
the annual contribution current at the date of com

mencement of the contribution.
EXAMPLE-
Officer born on ...........31st August 1919
Officer married on ........30th June 1948
Officer commenced to contribute on 31st July 1959
Annual contribution current on 31st July 1959 $400
Date of completion of contribution period 31st August 1984
Wife born on ..............31st October 1929
Officer's age next birthday on 31st July 1959 40
Officer's age next birthday at completion of con-
tribution period ..........65
Wife's age next birthday on 31st July 1959 30

31st July 1959, current annual contribution 5400
Current annual contribution increased by 50% to 5600

Quantity found from Table B, section for officers who cease to con-
tribute on attaining the age of 65 years without having contributed
for 35 successive years (ie. the last section)-

Husband .....40 3.33
Wife* .......301







Registered pension in consideration of annual contribution current at
commencement of contribution $600 x 3.33

$1,998.00

Note-Where the age is not given in the Tables, proceed as illustrated in the general examples

given in section F.





(b)Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is married to his first wife.
RULE III(b)-Proceed as in rule I(c)

IV SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.

(a)Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is a widower.

RULE IV(a)-Proceed as in rule Il(a).

(b)Variations of pension consequent on the re-marriage of the contributor.
RULE IV(b)-Proceed as in rule ll(b).

(c)Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is married to his second, or
subsequent, wife.

RULE IV(c)-Proceed as in rule I(c).
SECTION C-CONTRIBUTOR WHO COMMENCED TO CONTRIBUTE WHILE
A WIDOWER WITH A CHILD OR CHILDREN OF
PENSIONABLE AGE.

V SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.

RULE V-For the purpose of calculating the registered pension assume that the
deceased wife survived to the date of commencement of the
contribution and died immediately afterwards; then proceed in
accordance with the rules applicable to the case of officers who
commenced to contribute while married (see Section B).

SECTION D-PENSION TO ORPHAN CHILDREN.

Pensions to orphan children are regulated by sections 21, 22, 24, 25 and
28 of the Ordinance.
SECTION E CONTRIBUTOR TRANSFERRED TO THE SERVICE OF
ANOTHER COLONY.

Throughout these Instructions and the examples given the calculations
depend, not on the official income of the contributor, but on the amount of
his contribution so that the transfer of an officer to another service does not
affect his registered pension unless the amount of his current annual
contribution is varied, in which case the proper adjustment is to be made in
accordance with the preceding rules.
SECTION F -CALCULATION OF QUANTITIES (OR TABULAR RESULTS)
FOR AGES NOT GIVEN IN THE TABLES.
TABLE A-This Table gives every age of the husband from 18 to 65; and every
fifth age of the wife from 15 to 80. Ages of husbands and wives
younger than the youngest or older than the oldest ages quoted in the
Table are to be dealt with as if identical with the youngest and oldest
ages respectively as shown in the Table.

For the intermediate ages of wives, interpolate by exact fifths
but where to do so would give a figure of more than three decimal
points, that figure shall be taken to its nearest thousandth part of a
unit.

EXAMPLE-

To find the quantity corresponding to the ages of a husband and wife
aged, respectively, 25 and 19 next birthday







The quantity for ages 25 and 15 next birthday given in the

Table is............................................................................................. .294





The quantity for ages 25 and 20 next birthday given in the
Table is ........................334

So that the addition of 5 years to the age of the wife results in an
addition of .04 to the quantity given in the Table for ages 25 and 15
next birthday.

An addition of 4 years to the age of the wife accordingly results by
proportion in an addition of four-fifths of .04 to the quantity given in
the Table for the ages 25 and 15 next birthday.

Four-fifths of .04 .032, which when added to .294 gives .326 which is
the required quantity corresponding to ages 25 and 19 next birthday.
TABLE B-This Table is divided into twelve sections. The first eleven sections are
respectively applicable to officers who will be aged next birthday 55,
56, 57, and so on for each year up to 65, when they complete their
period of contribution after having contributed for 35 successive
years. The twelfth section is applicable to officers who will cease to
contribute on attaining the age of 65 years without having
contributed for 35 successive years.

In each section quantities are given for consecutive ages of the
husband, and for every fifth ages of the wife.

Age of the wife younger than the youngest or older than the
oldest age quoted in whichever section of Table B is applicable in the
circumstance of the case in question are to be dealt with as if identical
with the youngest and oldest age respectively as shown in the Table.

For the intermediate ages of wives, interpolate by exact fifths in
the manner indicated in the example given for Table A in this
section, but where to do so would give a figure of more than two
decimal points, that figure shall be taken to its nearest hundredth part
of a unit. Thus, the quantity found from the first section of Table B
(age 55 next birthday) corresponding to the ages of a husband and
wife aged respectively 40 and 33 next birthday is three-fifths of A,
added to 2.39, which gives 2.63.

For officers who commence to contribute at an earlier age than
20 next birthday the method of calculation given in the subjoined
example is to be followed.

EXAMPLE (1)-

An officer aged 17 next birthday, having a wife aged 17 next birthday,
commences to contribute. Assume that the officer is aged 20 next birthday
and apply the first section of Table B. The quantity thus found is 7.67 (i.e.
7.23 two-fifths of 1.1).

This officer receives an increment of salary at age 22 next birthday,
when his wife's age is also 22 next birthday. Assume that his age is 25 next
birthday (i.e. his actual age next birthday plus the difference between his actual
age next birthday at date of commencement of contribution and the age of 20
next birthday, which in this Example is 3). On this assumption, the quantity
found from the same section of Table B will be 6.44 (i.e. 6.04 two-fifths of
1).

EXAMPLE (2)-

An officer aged 19 next birthday commences to contribute as a bachelor.
and five years later, when aged 24 next birthday, marries, his wife's age being
20 next birthday. The quantity found from Table A in accordance with rule
I(a) will be taken for the actual ages next birthday (husband 24 andwife20)and
will be.351. With respect to the current annual contribution at marriage,






assume that the officer's age next birthday is 25 (i.e. his





actual age next birthday plus the difference between his actual age next
birthday at date of commencement of contribution and the age of 20 next
birthday, which in this Example is 1) so that the quantity found from the first
section of Table B will be 6.04.

This officer receives an increment of salary when aged 39 next birthday,
when his wife's age is 35 next birthday. Assume as before that the ages next
birthday are 40 and 35, so that the quantity found from the same section of
Table B will be 2.79.

account of the actual number of years for which the annual contribution will
run. In Example (1), when the officer receives the increment of salary at
the age 22 next birthday he has contributed for five years, so that at the
expiration of 30 years from then his contribution will cease. Similarly, in
Example (2), when the officer marries at age 24 next birthday, he also has
contributed for five years, so that although he is two years older than the
officer in Example (1), yet the unexpired period of contribution is the same
in each case. (If the wife's age were also the same in each of these two cases,
no important error would be involved in using the same tabular quantity for
the two cases).
TABLE C-The quantities are given for the same ages as in Table A. Ages of
husbands and wives younger than the youngest or older than the
oldest age quoted in the Table are to be dealt with as in using Table A.

For the intermediate ages of wives, interpolate by exact fifths,
but where to do so would give a figure of more than two decimal
points, that figure shall be taken to its nearest hundredth part of a
unit. It must be noted, however, that in this Table an addition to the
age of the wife results in a deduction from the quantity given in the
Table.

EXAMPLE-

To find the quantity corresponding to the ages of a husband and

wife aged respectively 37 and 29 next birthday-
The quantity for ages 37 and 25 next birthday given in the
Table is .........................4.68
The quantity for ages 37 and 30 next birthday given in the
Table is .........................4.08

So that the addition of five years to the age of the wife results in a
deduction of .6 from the quantity given in the Table for ages 37 and 25
next birthday.

An addition of four years to the age of the wife accordingly results by
proportion in a deduction of four-fifths of .6 from the quantity given
in the Table for ages 37 and 25 next birthday.

Four-fifths of .6 .48, which deducted from 4.68 leaves 4.2, which is the
required quantity corresponding to the ages 37 and 29 next birthday.
SECTION C-CONTRIBUTOR (EXCLUDING A CONTRIBUTOR WHO WAS A
BACHELOR ON 30TH JUNE 1959) WHO COMMENCED TO
CONTRIBUTE BEFORE, AND WAS STILL A CONTRIBUTOR
ON, 1ST JULY 1959.

namely, the part purchased by contributions which fell due on or before the
30th June 1959, and the part purchased by contributions falling due on or
after 1st day of July 1959, the first part on the Table in force on 30th June
1959 and the second part on the Tables in Part 1 of





this Schedule, unless the registered pension at the 30th June 1959
(calculated on the Table in force on 30th June 1959) exceeds the registered
pension as calculated in two parts as stated in this Note in which case the
former is to be retained as the registered pension of the officer as at the
30th June 1959. Variations in the registered pension consequent upon the
rise or fall in contributions on or after the 1st July 1959 or resulting from
the re-marriage of the officer on or after that date are, however, to be
calculated on and in accordance with the

Tables and Instructions in this Schedule.
EXAMPLE
Officer born on ...........31st July 1920
Officer married on ........30th June 1945
Officer commenced to contribute on 1st April 1946
Annual contribution as at 30th June 1959 $1,500
Wife born on ..............31st August 1921
Registered pension as at 30th June 1959 (calculated
on Tables in force on that date) 510.785

Quantity found from Table B in force on 30th June 1959, section for
officers aged 61 next birthday when they complete their period of
contribution

Husband aged 39 next birthday on 1st July 1959 4 50
Wife* aged 38 next birthday on same date

Therefore, on the Tables in force on 30th June 1959, the part of the
registered pension to be purchased by contribution falling due on or
after the l st July 1959 is $1,500---4.50, i.e. $6.750.

Therefore, on the same Tables, the part of the registered pension
purchased by contributions which fall due on or before 30th June 1959
is 510,785 minus $6,750, i.e. $4,035.

Quantity found from Table B in this Schedule, section for officers aged
61 next birthday when they complete their period of contribution

Husband aged 39 next birthday on 1st July 1959 4
Wife* aged 38 next birthday on same date 27

Therefore, on the Tables in this Schedule, the amount of the registered
pension to be purchased by contributions falling due on or after 1st July
1959 is $1,500 5750 (i.e. 50% increase of annual contribution)
52,250 x 4.27, i.e. $9,607.50.

As, in this example, the part of the registered pension to be purchased by
contributions falling due on or after 1st July 1959, when calculated on
the Tables in this Schedule, is greater than the same part when
calculated on the Tables in force on 30th June 1959, it is to be added to
the part purchased by contributions which fell due on or

before 30th June 1959.
Thus, the registered pension in this example, as at 30th
June 1959 is ................ 4,035.00

9,607.50

Total .......$13,642.50

Note-Where the age is not given en in the Tables, proceed as illustrated in the general examples given in
section F.





EXAMPLE (2)-

Officer born on .........31st July 1907
Officer commences contributing I st April 1927
Officer marries on ......30th June 1947
Wife born on ............31st August 1927
Age next birthday of officer on date of completion
of contribution period ..55
Age next birthday of officer on I st July 1959 52
Age next birthday of wife on 1st July 1959 32
Annual contribution as at 30th June 1959 51,200
Registered pension as at 30th June 1959 (calculated
on Tables in force on that date) $16,000

Quantity found from Table B in force on 30th June 1959, section for
officers aged 55 next birthday when they complete their period of
contribution

Husband aged 52 next birthday on 1st July 1959 73
Wife* aged 32 next birthday on same date

Therefore, on the Tables in force on 30th June 1959, the part of the
registered pension to be purchased by contributions falling due on or
after I st July 1959 is A.' .73, i.e. $876.00

Therefore, on the same Tables, the part purchased by contributions
which fell due on or before 30th June 1959 is $16,000 minus 5876, i.e.
$15,124.00.

Quantity found from Table B in this Schedule, section for officers aged 55
next birthday when they complete their period of contribution

Husband aged 52 next birthday on 1st July 1959
Wife* aged 32 next birthday on same date a 36

Therefore, on the Tables in this Schedule, the amount of the registered
pension to be purchased by contributions falling due on or after 1st July
1959 is $1,200 5600 (i.e. 50% increase of annual contribution)
$1,800 x .36, i.e. $648.00

This is less than the same part as calculated on the Tables in force on
30th June 1959.

Therefore, the part to be purchased by contributions failing due on or
after the 1st July 1959 is to be calculated on the Tables in force on
30th June 1959, and added to the part purchased by contributions which
fell due on or before 30th June 1959.

Thus, the registered pension in this example, as at 30th
June 1959, is .................$15,124.00
............................... 876.00
Total .........................$16,000.00

In other words, the total registered pension as at the 30th June 1959, as
calculated on the Tables then in force, is to be retained.

(Schedule added, 72 of 1967, s. 13)

Note-Where the age is not given in the Tables, proceed as illustrated in the general examples given in section F.

Effective from 1st July 1959.
Originally 15 of 1908. (Cap. 94, 1950.) 33 of 1909. 12 of 1910. 1 of 1911. 27 of 1911. 30 of 1911. 50 of 1911. 51 of 1911. 8 of 1912. 12 of 1912. 13 of 1912. 21 of 1912. 43 of 1912. 21 of 1914. 5 of 1921. 23 of 1921. 5 of 1924. 13 of 1928. 9 of 1929. 18 of 1929. 2 of 1931. 25 of 1937. 8 of 1939. 33 of 1939. 4 of 1948. 20 of 1948. 22 of 1950. 17 of 1963. 20 of 1965. 6 of 1967. 72 of 1967. Short title. Interpretation. (Cap. 89.) (Cap. 290.) (72 of 1967.) Salary. Regulations prescribing persons to whom term 'officer' applies. Contributors to other schemes. Pensions paid out of general revenue. Contributions credited to general revenue. Appointment and meetings of directors. Abatements from salaries and pensions. Period for which abatement shall be made. Right after retirement to cease contributions. (72 of 1967.) Contributions of officers leaving the service. (20 of 1965.) Repayment to bachelors and widowers without pensionable children. Right to continue contributions in full on reduced income. Right on retirement to elect to contribute on former dollar salary. Right on retirement or deprivation of office to continue to contribute. Provisions for case of officers transferred to other employment under the Crown. Information to be furnished by officers and others. (72 of 1967.) Penalty for non-compliance. Exclusion from benefits. Duration of pension to orphan. Calculation of pensions. Schedule. Provision for case of motherless orphans. Provision for case of widow marrying. Provision for case of divorce or separation. Provision for case of widow and children of previous marriage. Pension to children of widower. Mode and condition of payment of pension. Payment on behalf of minors. Payment on behalf of minors in case of desertion. Pension not to be assigned or levied upon. Decision of questions under the Ordinance. Limit of compulsory contribution. Limit of compulsory contribution for all officers. (17 of 1963.) Rules and regulations. Ordinance not to apply to members of Overseas Audit Service unless they request.

Abstract

Originally 15 of 1908. (Cap. 94, 1950.) 33 of 1909. 12 of 1910. 1 of 1911. 27 of 1911. 30 of 1911. 50 of 1911. 51 of 1911. 8 of 1912. 12 of 1912. 13 of 1912. 21 of 1912. 43 of 1912. 21 of 1914. 5 of 1921. 23 of 1921. 5 of 1924. 13 of 1928. 9 of 1929. 18 of 1929. 2 of 1931. 25 of 1937. 8 of 1939. 33 of 1939. 4 of 1948. 20 of 1948. 22 of 1950. 17 of 1963. 20 of 1965. 6 of 1967. 72 of 1967. Short title. Interpretation. (Cap. 89.) (Cap. 290.) (72 of 1967.) Salary. Regulations prescribing persons to whom term 'officer' applies. Contributors to other schemes. Pensions paid out of general revenue. Contributions credited to general revenue. Appointment and meetings of directors. Abatements from salaries and pensions. Period for which abatement shall be made. Right after retirement to cease contributions. (72 of 1967.) Contributions of officers leaving the service. (20 of 1965.) Repayment to bachelors and widowers without pensionable children. Right to continue contributions in full on reduced income. Right on retirement to elect to contribute on former dollar salary. Right on retirement or deprivation of office to continue to contribute. Provisions for case of officers transferred to other employment under the Crown. Information to be furnished by officers and others. (72 of 1967.) Penalty for non-compliance. Exclusion from benefits. Duration of pension to orphan. Calculation of pensions. Schedule. Provision for case of motherless orphans. Provision for case of widow marrying. Provision for case of divorce or separation. Provision for case of widow and children of previous marriage. Pension to children of widower. Mode and condition of payment of pension. Payment on behalf of minors. Payment on behalf of minors in case of desertion. Pension not to be assigned or levied upon. Decision of questions under the Ordinance. Limit of compulsory contribution. Limit of compulsory contribution for all officers. (17 of 1963.) Rules and regulations. Ordinance not to apply to members of Overseas Audit Service unless they request.

Identifier

https://oelawhk.lib.hku.hk/items/show/2421

Edition

1964

Volume

v7

Subsequent Cap No.

94

Number of Pages

46
]]>
Tue, 23 Aug 2011 18:06:56 +0800
<![CDATA[PUBLIC SERVICE COMMISSION REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2420

Title

PUBLIC SERVICE COMMISSION REGULATIONS

Description






PUBLIC SERVICE COMMISSION REGULATIONS

(Cap. 93, section 14)

[29 September 1950.]

1. These regulations may be cited as the Public Service
Commission Regulations.

2. In these regulations, unless the context otherwise requires

'Commission' means the Public Service Commission;

,,efficiency bar', 'probation bar' and 'promotion step' have the same
meanings as in the Regulations of the Government of Hong Kong;

'established office' has the meaning assigned to it by pension
legislation;

'Master Salary Scale' means the scale under the heading 'Master' in
the table of general salary scales appended to the annual estimates
of Government revenue and expenditure;

'pension legislation' means the ordinances and regulations concerning
the payment of pensions to officers in the public service for the
time being in force;

'Secretary for the Civil Service' means the person holding the office of
Secretary for the Civil Service or Principal Assistant Secretary or
Assistant Secretary and also means any person holding a public
office not below that of Senior Executive Officer who is authorized
in writing by the Secretary for the Civil Service to perform specified
duties on his behalf,

'special appointment' means an appointment other than an
appointment to an established office, being an appointment which
cannot be determined by Government at will or upon the giving of
1 month's notice or of a period of notice of less than 1 month;

,,a vacancy' shall be deemed to occur when an established office for
which provision has been made in the estimates is not held by a
person who has been appointed substantively thereto.

3. (1) Whenever it is proposed to fill a vacancy occurring or about
to occur in an established office or to make a special appointment and
the maximum monthly salary applicable to the office or appointment is
not less than the amount specified at point -A on the Master Salary
Scale, the Secretary for the Civil Service shall notify the Commission of
the vacancy or the proposed appointment and ask the Commission to
advise the Governor how it should be filled or made.





(2) Notwithstanding paragraph (1), if the Governor considers that
exceptional circumstances warrant the making of a special appointment
without prior reference to the Commission, he may make the
appointment accordingly but shall at the same time notify the
Commission of his reasons for so doing.

4. The Secretary for the Civil Service shall ask for the advice of the
Commission in every case where an officer who holds an established
office or special appointment is due to pass a probation or efficiency
bar or is eligible to pass a promotion step, and the Secretary for the Civil
Service is of the opinion that

(a) passage over that bar or step should be refused; or

(b)such passage should be deferred in terms that the officer
would suffer financial loss thereby.

5. It shall be lawful for the Governor to indicate that he wishes the
advice of the Commission upon any matter which he is by the
Ordinance authorized to refer, by writing under the hand of the
Secretary for the Civil Service requesting such advice.

6. These regulations shall not apply to any office, class of office or
appointment to which section 6(2) of the Ordinance applies.

7. Whenever any matter has been referred to the Commission
whether by notice in writing to the Secretary or by such other manner as
may from time to time be prescribed, then subject to any regulations for
the time being in force the Chairman of the Commission shall, with a
view to advising the Governor upon such matter as has been referred to
the Commission, cause the matter to be considered by the Commission
in such manner as he shall in each particular case deem convenient and
shall cause to be forwarded to the Chief Secretary in writing

(a)the advice of the Commission or of the Chairman and every
member who has considered the matter; or

(b)if the advice is not unanimous, the advice of the Chairman and
of each member who has considered the matter: Provided that
such advice may take the form of concurring with the advice
given by the Chairman or member and of indicating in what
respects, if any, it differs therefrom.

8. Subject to any regulations for the time being in force it shall be
lawful for the Commission for the purpose of advising the Governor
upon the filling of any vacancy in an established office or upon the
making of any special appointment or upon the





surmounting of any efficiency or probation bar or of any promotion
step in an established office or special appointment-

(a)to conduct, supervise or arrange such examinations, inter-
views or tests of any public servant who is about to be or
may be appointed to fill any vacancy or special appoint-
ment and of any candidate for the public service as to the
Commission may seem fit;

(b)to obtain from the Head of Department of any public
servant or the employer of any candidate for the public
service such information as may appear to the Commission
to be relevant in advising Government on whether such
public servant should be appointed to fill any vacancy or to
any special appointment or on whether such candidate
should be employed in the public service; and

(e)to advertise any vacancy in such manner as the Commis-
sion may deem desirable.
G.N.A. 209/50. G.N.A. 91/56. G.N.A. 73/61. L.N. 92/66. L.N. 25/69. L.N. 148/70. L.N. 119/74. 15 of 1979. 36 of 1987. Citation. 15 of 1979, s. 8. Interpretation. 15 of 1979, s. 8. L.N. 92/66. L.N. 119/74. 36 of 1987, s. 53. L.N. 119/74. 36 of 1987, s. 53. (Cap. 89.) (Cap. 99.) L.N. 119/74. 36 of 1987, s. 53. 36 of 1987, s. 53. Vacancy in pensionable office etc. to be notified to Commission. L.N. 119/74. 36 of 1987, s. 53. Commission's advice on officer's promotion etc. L.N. 119/74. 36 of 1987, s. 53. Governor may refer to Commission by writing under hand of Secretary for the Civil Service. L.N. 148/70. L.N. 119/74. Non-applicability of regulations to certain office, class of office or appointment. Procedure for obtaining advice of the Commission. L.N. 119/74. L.N. 92/66. Powers of the Commission. 36 of 1987, s. 53. L.N. 119/74.

Abstract

G.N.A. 209/50. G.N.A. 91/56. G.N.A. 73/61. L.N. 92/66. L.N. 25/69. L.N. 148/70. L.N. 119/74. 15 of 1979. 36 of 1987. Citation. 15 of 1979, s. 8. Interpretation. 15 of 1979, s. 8. L.N. 92/66. L.N. 119/74. 36 of 1987, s. 53. L.N. 119/74. 36 of 1987, s. 53. (Cap. 89.) (Cap. 99.) L.N. 119/74. 36 of 1987, s. 53. 36 of 1987, s. 53. Vacancy in pensionable office etc. to be notified to Commission. L.N. 119/74. 36 of 1987, s. 53. Commission's advice on officer's promotion etc. L.N. 119/74. 36 of 1987, s. 53. Governor may refer to Commission by writing under hand of Secretary for the Civil Service. L.N. 148/70. L.N. 119/74. Non-applicability of regulations to certain office, class of office or appointment. Procedure for obtaining advice of the Commission. L.N. 119/74. L.N. 92/66. Powers of the Commission. 36 of 1987, s. 53. L.N. 119/74.

Identifier

https://oelawhk.lib.hku.hk/items/show/2420

Edition

1964

Volume

v7

Subsequent Cap No.

93

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:06:55 +0800
<![CDATA[PUBLIC SERVICE COMMISSION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2419

Title

PUBLIC SERVICE COMMISSION ORDINANCE

Description






LAWS OF HONG KONG

PUBLIC SERVICE COMMISSION ORDINANCE

CHAPTER 93





CHAPTER 93

PUBLIC SERVICE COMMISSION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

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

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Public Service Commission ... ... ... ... ... ... ... ... ... ... ... 2

4. Ineligibility of persons holding certain offices for appointment as members

of Commission ... ... ... ... ... ... ... ... ... ... ... ... ... 3

5. Secretary to Commission ... ... ... ... ... ... ... ... ... ... ... 4

6. Functions of Commission ... ... ... ... ... ... ... ... ... ... ... 4

7. Remuneration of the Chairman and members ... ... ... ... ... ... ... 5

8. Oath of Chairman and members ... ... ... ... ... ... ... ... ... 5

9. Offence of giving false information to Commission ... ... ... ... ... 5

10. Reports and statements or other communications of Commission privileged 5

11. Protection to Chairman and members ... ... ... ... ... ... ... ... 6

12. Publication and disclosure of information to unauthorized persons prohibited
6

13. Offence to influence or attempt to influence Commission ...
... ... ... 6

14. Power of Governor in Council to make regulations ... ... ... ... ... 6

15. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7

First Schedule. Specified Offices ... ... ... ... ... ... ... ... ... ... ... 7

Second Schedule. Oath of Office ... ... ... ... ... ... ... ... ... ... ... 8





CHAPTER 93

PUBLIC SERVICE COMMISSION

To constitute a Public Service Commission.

(Amended, 15 of 1979, s. 2)

[30 June 1950.]

1. This Ordinance may be cited as the Public Service Commission
Ordinance.

(Amended, 15 of 1979, s. 3)

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

'Commission' means the Public Service Commission established by this
Ordinance; (Amended, 15 of 1979, s. 4)

'judicial office' means

(a) the office of Chief Justice; and

(b)any judicial office specified in the First Schedule to the
Judicial Service Commission Ordinance; (Replaced, 15 of
1979, s. 4)

'member' when used with reference to the Commission does not
include the Chairman.

3. (1) There shall be established for the purposes of this Ordinance
a Public Service Commission which shall consist of a Chairman and not
less than 2 and not more than 8 members, all of whom shall be appointed
by the Governor by writing under his hand and shall hold office during
his pleasure: (Amended, 3 of 1967, s. 2 and 15 of 1979, s. 5)

Provided that

(a)the Chairman or any member may at any time resign his office
by giving notice in writing to the Chief Secretary;

(b)the Chairman shall automatically vacate his office after he has
held it for 3 years, but shall be eligible for reappointment;

(c)every member shall automatically vacate his office after he has
held it for 2 years, but shall be eligible for reappointment.

(2) The Chairman and not less than 1 member may exercise and
perform any of the functions, powers and duties of the Commission, but
the Commission shall not pass a resolution except by the





unanimous vote of the Chairman and every member who considers the
resolution.

(3) The Commission may, by instrument of delegation, authorize the
Chairman to exercise and perform, either generally or in any particular
case, such of the functions, powers and duties of the Commission under
this Ordinance as may be specified in the instrument.

(4) Anything which may be done at a meeting of the Commission
may be done by the circulation of papers for the consideration of the
Chairman and not less than 1 member and in particular

(a)a resolution of the Commission may be passed without a
meeting, but the resolution and the voting thereon shall be
recorded in writing and the Chairman and any member who
considers the resolution shall sign his name to his vote; and

(b)advice on any matter may be formulated without a meeting, but
the advice of the Chairman and any member who considers the
matter shall be recorded in writing and each shall sign his name
to the advice given by him.

(5) Whenever---

(a)the Chairman or any member is absent from the Colony or is
unable to act; or

(b)the office of Chairman or of a member is vacant pending a new
appointment or reappointment,

the Governor may appoint another person to act temporarily as Chairman
or a member, as the case may be. (Replaced, 15 of 1979, s.5)

(6) It shall be lawful for the Governor to enter into an agreement
with any suitable person for the employment of such person as
Chairman of the Commission:

Provided that

(a)it shall be an implied term of any such agreement that the
Governor's power to appoint a Chairman shall remain unfettered
and that such person may be dismissed at the Governor's
pleasure; and

(b)any remuneration allowances or benefits provided for under
such agreement shall be deemed to be payable, allowable and
receivable only if and to the extent that the necessary moneys
are provided for by Legislative Council.

(Amended, 27 of 1974, s. 3)

4. It shall not be lawful to appoint as Chairman or as a member of
the Commission any member of Legislative Council or any person who is
the holder of a pensionable office or post the emoluments whereof are
payable wholly or partly out of the revenues of the Colony or out of the
revenue or funds of any municipality or municipal council which may
hereafter be established in the Colony:





Provided that the prohibition hereinbefore contained shall not
extend to

(a)the appointment of ajudge of the High Court as Chairman; or

(b)the making of a temporary appointment as Chairman under
section 3(5); or

(c)the appointment of a person who, although still the holder of
any such office or post as aforesaid is on leave prior to
retirement and has already received official notification of the
pension which will be payable to him for service which
comprised service in the office or post of which he is the holder.

(Amended, 21 of 1951, s. 2, and 27 of 1974, s. 4)

5. The Governor shall from time to time appoint an officer in the
public service to act as secretary to the Commission. The secretary shall
not be a member of the Commission or have any vote in its deliberations.

6. (1) The Commission shall advise the Governor regarding

(a)the filling of such vacancies in the public service as may be
prescribed;

(b)the promotion of an officer from such grades and classes of the
public service to another grade and class as may be prescribed;

(c)such representations from an officer as may be referred to it by
the Governor or made to the Commission in accordance with
the Regulations of the Hong Kong Government; (Replaced, 27
of 1974, s. 5)

(d)any matter affecting the public service which may be prescribed
by regulation made hereunder or which the Governor may refer
to the Commission;

(e)any matter affecting the conduct and discipline of public
officers on which the Governor is required by Colonial
Regulations to consult the Commission. (Added, 15 of 1979,s.6)

(2) Nothing in this section shall apply to the following offices,
classes of office or appointments

(a)the Governor, or any office of which the holder is ex officio a
member of the Executive Council or Legislative Council of the
Colony, or any member of the Governor's personal staff;
(Amended, 27 of 1974, s. 5, and 68 qf 1975, s. 2)

(b) any judicial office; (Replaced, 65 of 1975, s. 16)

(c) the Chairman or any member of the Commission;





(d)any office or rank in any naval, military or air force constituted
by or raised under any enactment or in the police force;

(e)any office specified in the First Schedule. (Replaced, 68 of
1975,s.2)

(3) The Legislative Council may by resolution amend the First
Schedule. (Added, 68 of 1975, s. 2)

7. (1) The Chairman and members of the Commission shall be
entitled to such remuneration and allowances as may from time to time
be voted by the Legislative Council:

Provided that in the event of a temporary appointment under
section 3(5) such appointee shall be entitled to such remuneration and
allowances as the Governor may approve not exceeding the scale of
remuneration and allowances which would have been applicable had the
appointment been made under section 3(1). (Amended, 27 of 1974, s. 6)

(2) The receipt by the Chairman or by any member of the
Commission of any remuneration or allowance voted or otherwise
provided for under subsection (1) shall not be deemed to cause the
Chairman or any such member to be subject to Colonial Regulations or
to the Regulations of the Hong Kong Government.

8. The Chairman and members of the Commission shall on first
appointment, whether appointed under section 3(1) or (5), take an oath
or make an affirmation, each according to his conscience, in the form in
the Second Schedule, which shall be administered by a judge of the High
Court.

(Amended, 34 of 1968, s. 3; 27 of 1974, s. 6, and 68 of 1975,
s.3)

9. Any person who in connexion with an application by any person
for employment or promotion in the public service or with any matter
upon which it is the duty of the Commission to advise the Governor
under this Ordinance, wilfully gives to the Commission or to the
Chairman or a member thereof or to any person or body of persons
appointed by any regulation to assist the Commission in the exercise of
its functions or the discharge of its duties, any information which is false
by reason of the falsity of, or by reason of the omission of, a material
particular, shall be guilty of an offence and shall be liable to a fine of
$2,000 and imprisonment for 2 years.

(Amended, 32 of 1961, s. 3)

10. Any report, statement or other communication which the
Commission may in the exercise of its functions or the discharge of its
duties hereunder make to the Government of Hong Kong of to the
Governor or to the Chief Secretary or to the head of a department of
Government shall be privileged in that its production may not be
compelled in any legal proceedings unless the Governor under the





hand of the Chief Secretary consents to its production in such
proceedings.

11. Any Chairman and any member of the Commission shall have
such and the like protection and privileges in case of any action or suit
brought against him for any act done or omitted to be done in the
execution of his duty as is by law given to any magistrate or justice
acting in the execution of his office.

12. (1) Neither the Chairman nor any member of the Commission nor
any other person shall without the written permission of the Governor
under the hand of the Chief Secretary publish or disclose to any
unauthorized person or otherwise than in the course of duty the
contents or any part of the contents of any document, communication or
information whatsoever which has come to his knowledge in the course
of his duties under this Ordinance or under any regulation made
thereunder in respect of any matters referred to the Commission under
this Ordinance or any regulation made thereunder and any person who
knowingly acts in contravention of the provisions of this section shall
be guilty of an offence and shall be liable to a fine of $2,000 and
imprisonment for 1 year.

(2) If any person having possession of any information which to
his knowledge has been disclosed in contravention of the provisions of
this section publishes or communicates any such information to any
other person otherwise than for the purpose of any prosecution under
this Ordinance, he shall be guilty of an offence and shall be liable to a
fine of $2,000 and imprisonment for 1 year.

13. Every person who otherwise than in the course of his duty
directly or indirectly by himself or by any other person in any manner
whatsoever influences or attempts to influence any decision of the
Commission or the Chairman or any member thereof shall be guilty of an
offence and shall be liable to a fine of $4,000 and imprisonment for 2
years:

Provided that nothing in this section shall prohibit

(a)any person from giving a certificate or testimonial to any
applicant or candidate for any public office or from supplying
any information or assistance upon formal request made by
the Commission; or

(b)any officer from making representations to the Commission in
accordance with the Regulations of the Hong Kong
Government. (Replaced, 27 of 1974, s. 7)

14. (1) The Governor in Council may by regulation provide for

(a)the discharge by the Commission (whether or not with the
assistance of such bodies and persons as are hereinafter
mentioned) of additional functions and duties;





(b)the time place and manner, when in which and how the
Commission shall exercise its functions and duties;

(c)the Commission being assisted by departmental boards and by
such other persons and classes of persons as may be
prescribed in the performance of all or any of its functions and
duties;

(d)the conduct of examinations and the interviewing of public
servants or candidates for the public service by the
Commission or by such boards and persons as are referred to
in paragraph (c);

(e)forms and fees in connexion with applications to the
Commission, reports or communications from the Commission
or for any other matter required by or under this Ordinance;

any matter which under section 6 requires to be prescribed
and generally, the carrying out the provisions of this
Ordinance.

(2) For the purpose of removing doubt it is hereby declared that
such regulations may provide for the manner in which the Commission is
to proceed in any case in which the advice tendered to Government is
not the unanimous advice of the Commission or, as the case may be, of
the Chairman and every member by whom the matter advised upon has
been considered. (Amended, 27 of 1974,s.8)

15. Nothing in this Ordinance shall derogate from-

(a)any provision of the Letters Patent vesting in the Governor the
power of making appointments to the Public Service; or

(b)any instructions given to the Governor by Her Majesty
through the Secretary of State as to how such power should
be exercised and in particular the instructions contained in
regulations 19 to 22 both inclusive of Colonial Regulations or
any Colonial Regulation substituted for or amending the same.

FIRST SCHEDULE [s. 6(2)(e) & (3).]

SPECIFIED OFFICFS

The Director of Audit.

The Commissioner of the Independent Commission Against Corruption.

The Deputy Commissioner of the Independent Commission Against Corruption.

A person appointed under section 8 of the Independent Commission Against
Corruption Ordinance.

(Added, 68 of1975, s. 4)





SECOND SCHEDULE
OATH OF OFFICE

having been

Chairman
appointed to act as member of the Public Service Commission,
do swear that 1 will freely and without

solemnly and sincerely declare and affirm }
fear or favour, affection or ill-will, give my counsel and advice to the Govern-
ment of Hong Kong in connexion with all such matters as may be referred
to the Public Service Commission under the Public Service Commission
Ordinance, and that 1 will not directly or indirectly reveal any such matters
to any unauthorized person or otherwise than in the course of duty.

Sworn this day of '19
Declared

1

Before me,

(Amended, 34 of 5 of 1979. *s'.
Originally 14 of 1950. (Cap. 93, 1950.) 21 of 1951. 51 of 1956. 32 of 1961. 3 of 1967. 34 of 1968. 7 of 1974. 27 of 1974. 65 of 1975. 68 of 1975. 15 of 1979. Short title. Interpretation. (Cap. 92.) Public Service Commission. Ineligibility of persons holding certain offices for appointment as members of Commission. Secretary to Commission. Functions of Commission. First Schedule. First Schedule. Remuneration of the Chairman and members. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. Reports and statements or other communications of Commission privileged. Protection to Chairman and members. 1870 c. 105, s. 10. [cf. Cap. 227, Part VIII.] Publication and disclosure of information to unauthorized persons prohibited. Offence to influence or attempt to influence Commission. Power of Governor in Council to make regulations. Saving. (Cap. 204.)

Abstract

Originally 14 of 1950. (Cap. 93, 1950.) 21 of 1951. 51 of 1956. 32 of 1961. 3 of 1967. 34 of 1968. 7 of 1974. 27 of 1974. 65 of 1975. 68 of 1975. 15 of 1979. Short title. Interpretation. (Cap. 92.) Public Service Commission. Ineligibility of persons holding certain offices for appointment as members of Commission. Secretary to Commission. Functions of Commission. First Schedule. First Schedule. Remuneration of the Chairman and members. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. Reports and statements or other communications of Commission privileged. Protection to Chairman and members. 1870 c. 105, s. 10. [cf. Cap. 227, Part VIII.] Publication and disclosure of information to unauthorized persons prohibited. Offence to influence or attempt to influence Commission. Power of Governor in Council to make regulations. Saving. (Cap. 204.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2419

Edition

1964

Volume

v7

Subsequent Cap No.

93

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:06:55 +0800
<![CDATA[JUDICIAL SERVICE COMMISSION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2418

Title

JUDICIAL SERVICE COMMISSION ORDINANCE

Description






LAWS OF HONG KONG

JUDICIAL SERVICE COMMISSION ORDINANCE

CHAPTER 92





CHAPTER 92

JUDICIAL SERVICE COMMISSION

To constitute a Judicial Service Commission.

[20 February 1976.]

1. This Ordinance may be cited as the Judicial Service Com

mission Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Commission' means the Judicial Service Commission established by
this Ordinance;

'judicial office' means any judicial office specified in the First Schedule;

'judicial officer' means the holder of a judicial office.

3. (1) There is hereby established a Judicial Service Com

mission, which shall consist of-

(a) the Chief Justice, who shall be the Chairman;

(b) the Attorney General;

(c) the Chairman of the Commission established by the Public
Service Commission Ordinance; and (Amended, 15 of 1979,s.8)

(d)not more e than 3 members appointed by the Governor. one
of whom may be a judge of the High Court. (Amended,
92 of 19 5, s. 59)

(2) An appointed member-

(a) may resign his office by notice in writing to the Governor:

(b)shall vacate his office after 2 years, but shall be eligible for re-
appointment.

(3)The Chairman and not less than 2 members may exercise
and perform any of the functions, powers and duties of the
Commission, but the Commission shall not pass a resolution except by
the unanimous vote of the Chairman and every member who considers
the resolution.

(4) The Commission may authorize the Chairman to exercise and
perform, either generally or in any particular case, such of the functions,
powers and duties of the Commission under this Ordinance as it may
specify.





(5) Anything which may be done at a meeting of the Commission
may be done by the circulation of papers for the consideration of the
Chairman and not less than 2 members and in particular

(a)a resolution of the Commission may be passed without a
meeting, but the resolution and the voting thereon shall be
recorded in writing and the Chairman and any member who
considers the resolution shall sign his name to his vote; and

(b)advice on any matter may be formulated without a meeti but
the advice of the Chairman and any member who
considers the matter shall be recorded in writing and each
shall sign his name to the advice given by him.

(6) If any appointed member is absent from Hong Kong or is
unable to act, the Governor may appoint another person to act
temporarily as a member.

4. A person shall not be appointed to be a member of the
Commission if

(a) he is a member of the Legislative Council, or

(b)he holds a pensionable office (other than the office of judge
at the High Court) the emoluments whhereof are payable wholly or
partly out of public revenue or out of the revenue or funds of
the Urban Council. unless he is on leave prior to retirement and
has already received official notification of the pension which
will be payable to him for service which comprised service ice
in the office or post of which he is the holder. (Amended, 92 of
1975, s. 59)

5. (1) The Governor shall appoint a public officer to act as
Secretary to the Commission.

(2) The Secretary shall not be a member of the Commission.

6. The Commission shall advise the Governor regarding
(a) the filling of vacancies in judicial offices;

(b)such representations from a judicial officer concerning
conditions of service as may be referred to it by the Governor;

(c)any matter affecting Judicial officers which rnay be prescribed
or which the Governor may refer to the Commission.

7. Members appointed under section 3(1) or appointed temporarily
under section 3(6) shall on first appointment take an oath or
make an affirmation in the form in the Second Schedule which shall be
administered by a judge.

8. Any person who, in connexion with any matter on which it is the
duty of the Commission to advise the Governor under this Ordinance.
wilfully gives to the Commission or a member thereof





any information which is false in a material particular shall be guilty of
an offence and shall be liable on conviction to a fine of $2,000 and to
imprisonment for 2 years.

9. Any report, statement or other communication which the
Commission may in the exercise of its functions or the discharge of its
duties make to the Governor or to the Chief Justice shall be privileged in
that its production may not be compelled in any legal proceedings.

10. A member of the Commission shall have the same protection
and privileges in proceedings brought against him for any act done in
the execution of his duty as such member as a judge has when acting in
the execution of his office.

11. (1) Any member of the Commission or other person who.
without the permission of the Governor, publishes or discloses to any
unauthorized person or otherwise than in the course of duty the
contents or any part of the contents of any document. communication
or information whatsoever which has come to his knowledge in the
course of his duties under or in connexion with this Ordinance shall be
guilty of an offence and shall be liable on conviction to a fine of $2,000
and to imprisonment for 1 year.

(2) If any person having any information which to his knowl has
been disclosed in contravention of this section publishes or discloses
such information to any other person otherwise than for the purpose of
any prosecution under this Ordinance. lie shall be guilty of an offence
and shall be liable on conviction to a fine of $2,000 and to imprisonment
for 1 year.

12. Any person who otherwise than in the course of his duty
directly or indirectly by himself or by any other person in any. manner
whatsoever influences or attempts to influence a decision of the
Commission or any member shall be guilty of an offence and shall be
liable on conviction to a fine of $4,000 and to imprisonment for 2 years:

Provided that this section shall not prohibit

(a)any person from giving a certificate or testimonial to any
applicant or candidate for appointment as a judicial officer or
from supplying any information or assistance on request made
by the Commission, or

(b)any judicial officer from making representations to the
Commission in such manner and to such extent as the Governor may provide.



13. (1) The Governor in Council may by regulation provide for

(a) the discharge by the Commission of additional functions;

(b)the time, place and manner of the exercise by the Commission
of its functions.





(c)forms and fees in connexion with applications to the
Commission, reports or communications from the Commission
or any other matter required by or under this Ordinance;

(d) any matter which is to be or may be prescribed.

(2) Regulations may provide for the manner in which the
Commission is to proceed in any case in which the advice tendered is
not the unanimous advice of the Commission or the members by
whom a matter has has been considered.

14. The Legislative Council may by resolution amend the First
Schedule.

15. Nothing in this Ordinance shall derogate from-

(a)any provision of the Letters Patent vesting in the Governor the
power of appointing Judicial officers: or

(b)any instructions given to the Governor by Her Majesty
through the Secretary of State as to how such power should be
exercised and in particular any instructions contained in
Colonial Regulations.

FIRST SCHEDULE [s. 2.]

JUDICIAL OFFICE

Justice of Appeal (Added 42 of 1984, s. 2)
Judge of the High Court, other than the Chief Justice /A mended, 92 of1975, s. 59)

District Judge
Coroner (Added, 49 of 1980, s. 8)
Magistrate
President. Lands Tribunal
Presiding Officer, Lands Tribunal (Added, 49 ol ]982.s. 18,
Member of the Lands Tribunal
(being a member who is in the full-time service ice of the Crown (Added 42 of 1984.
s.2)
Presiding Officer, Labour Tribunal
Adjudicator, Small Claims Tribunal 'Added, 1-9 ol 1975.s.40 40)
Registrar of the Supreme Court

SECOND SCHEDULE [s. 7.]
OATH OF OFFICE

I, having
been appointed to act as member of the Judicial Service Commission.

do swear that I will freely and without fear
solemnly and sincerely declare and affirm
or favour, affection or ill-will. give my counsel and advice to the Governor of
Hong Kong in connexion with all such matters as may, be referred to the Judicial
Service Commission under the Judicial Service Commission Ordinance.







SWORN this day of 19
DECLARED
Before me
Originally 65 of 1975. 79 of 1975. 92 of 1975. 15 of 1979. 49 of 1980. 49 of 1982. 42 of 1984. L.N. 49/76. Short title. Interpretation. First Schedule. Judicial Service Commission. (Cap. 93.) Certain persons ineligible for appointment as members of Commission. Secretary to the Commission. Functions of Commission. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. Reports and statements or other communications of Commission privileged. Protection to members. Publication and disclosure of information to unauthorized persons prohibited. Offence to influence or attempt to influence Commission. Power of Governor in Council to make regulations. Amendment of First Schedule. Saving.

Abstract

Originally 65 of 1975. 79 of 1975. 92 of 1975. 15 of 1979. 49 of 1980. 49 of 1982. 42 of 1984. L.N. 49/76. Short title. Interpretation. First Schedule. Judicial Service Commission. (Cap. 93.) Certain persons ineligible for appointment as members of Commission. Secretary to the Commission. Functions of Commission. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. Reports and statements or other communications of Commission privileged. Protection to members. Publication and disclosure of information to unauthorized persons prohibited. Offence to influence or attempt to influence Commission. Power of Governor in Council to make regulations. Amendment of First Schedule. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/2418

Edition

1964

Volume

v7

Subsequent Cap No.

92

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:06:54 +0800
<![CDATA[LEGAL AID (SCALE OF FEES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2417

Title

LEGAL AID (SCALE OF FEES) REGULATIONS

Description






LEGAL AID (SCALE OF FEES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation .............................C2
2. Interpretation .......................C2
3. Fee payable for report of opinion under section 9 C 2
4. Fees payable to counsel generally ....C 2
5. Fees and costs payable to solicitor ..C 2
6. Advance of fees to counsel and solicitor C 3
7. Fees and costs in referred cases .....C 3
8. Disallowance or reduction of costs on taxation C 3
9. Solicitor's duty to safeguard interest of fund C 3
10. Application to make objections to taxation C 4
11. Application to judge to review taxation C 4
12. Counsel dissatisfied with taxation ..C 4
13. Objection by other party ............C 4
14. Taxation proceedings deemed to be covered by legal aid certificate C 5
15. Aided person having no interest or adverse interest C 5
16. Time limits .........................C 5
17. Basis of taxation ...................C 5





LEGAL AID (SCALE OF FEES) REGULATIONS
(Cap. 91, section 28)
[23 June 1989]

L.N. 187 of 1989 -

1. Citation

These regulations may be cited as the Legal Aid (Scale of Fees)

Regulations.

2. Interpretation

In these regulations, unless the context otherwise requires

'fixed costs' means fixed costs prescribed by any Ordinance or rules of court as
payable to a solicitor;

'rules of court means the rules of court made under the Supreme Court Ordinance
(Cap. 4) or the District Court Ordinance (Cap. 336);

'taxing master' means the Registrar of the Supreme Court acting as taxing master,
or, in relation to proceedings that have been conducted in the District Court,
the Registrar of the District Court acting as taxing master.

3. Fee payable for report or opinion under section 9

The fee payable by the Director to counsel or solicitor making a report or

giving an opinion under section 9 of the Ordinance shall be such sum as the
Director may decide.

4. Fees payable to counsel generally

The fees payable by the Director to counsel acting for an aided person

shall be such as may be allowed on taxation or, in default of taxation, as may be fixed
by the Director, not exceeding such amount as in the opinion of the Director would
have been allowed if there had been taxation.

5. Fees and costs payable to solicitor

The amount payable by the Director to a solicitor acting for an aided

person shall be-





(a)the full amount allowed on taxation on account of dis-
bursements;
(b)the full amount allowed on taxation on account of profit costs;
and
(c)in cases where fixed costs are applicable and the solicitor has
made an election to take fixed costs, the full amount of such fixed
costs,
or, in default of taxation or where an election to take fixed costs has not been
made, an amount as may be fixed by the Director, not exceeding such amount
as in the opinion of the Director would have been allowed if there had been
taxation or would have applied if there had been an election to take fixed costs.

6. Advance of fees to counsel and solicitor

(1) The Director may before taxation make an advance to counsel or
solicitor of an amount not exceeding 75% of the sum which the Director
estimates will be payable under regulation 4 or 5 and such advance shall be on
account of moneys so payable.
(2) If the amount paid under subregulation (1) exceeds the amount
payable under regulation 4 or 5, the counsel or solicitor, shall repay the excess
to the Director.

7. Fees and costs in referred cases

If a case, in respect of which legal aid has been granted, is referred to any
person by a court, there shall be payable to counsel and solicitor the same fees
and costs as would have been payable if the reference had been a proceeding in
the court by which it was referred, and all proceedings in connection with such
reference shall be taxed by the court which referred them as if they were
proceedings in the court.

8. Disallowance or reduction of costs on taxation

(1) Without prejudice to the rules of court, on the taxation of an aided
person's costs in any proceedings where the aided person's solicitor has without
good reason delayed in filing his bill of costs for taxation the whole of the profit
costs may be disallowed or reduced.
(2) The aided person's solicitor shall forthwith inform counsel of any
disallowance or reduction of counsel's fees on taxation.

9. Solicitor's duty to safeguard interest of fund

On any taxation pursuant to an order for costs made in favour of an aided
person where that person may himself have no interest in the result of the





taxation, it shall be the duty of an aided person's solicitor to safeguard the
interest of funds in the Director's control, and for this purpose to take such
steps as may appear to a solicitor to be necessary to obtain a review of taxation
under regulation 10 or 11.

10. Application to make objections to taxation
Where-
(a)an aided person is dissatisfied with any decision of a taxing
master in regard to the amount which he is entitled to recover by
virtue of an order or agreement for costs made in his favour or
for which he is liable by virtue of an order for costs made against
him; or
(b)the aided person's solicitor is dissatisfied with any decision of the
taxing master on a taxation pursuant to an order for costs made
in favour of the aided person,
the solicitor shall apply to the Director for authority to make objections to the
taxation; and if the Director gives authority, the solicitor may thereupon make
objections in accordance with the rules of court.

11. Application to judge to review taxation
Where the aided person or his solicitor, as the case may be, is dissatisfied
with the decision of a taxing master on any matter to which objection is made
under regulation 10, the solicitor shall apply to the Director for authority to
have the taxation reviewed; and if the Director gives authority, the solicitor
may thereupon apply to a judge either personally or by counsel to review the
taxation in accordance with the rules of court.

12. Counsel dissatisfied with taxation
Where counsel acting for an aided person is dissatisfied with any decision
on a taxation, it shall be the duty of the aided person's solicitor to report the
matter to the Director and if the Director gives authority in that behalf, to
make objection to the taxation or to apply to a judge, as the case may be, to
review the taxation, and regulations 10 and 11 shall apply as if the solicitor were
the person dissatisfied.

13. Objection by other party
If, in proceedings to which an aided person is a party, any other party
makes objections to a taxation or applies to a judge to review the taxation
the aided person's solicitor may be heard on the objection or review
notwithstanding that the aided person himself may have no interest in the
taxation.





14. Taxation proceedings deemed to be
covered by legal aid certificate

Any proceedings under regulations 10 to 13 shall be deemed to be
proceedings to which the aided person's legal aid certificate relates, whether or
not it has been discharged or revoked, and the costs of such proceedings shall
be paid out of funds in the Director's control.

15. Aided person having no interest or adverse interest
Where the aided person has no interest in the taxation or would, but for
this regulation, have an interest adverse to that of his solicitor-
(a)it shall be the duty of the solicitor making objections under
regulation 10 or applying for a review under regulation 11 to
ensure that all matters which are properly to be taken into
account in considering the objections or on the review are placed
before the taxing master or judge as appropriate;
(b)the aided person shall not be required to make any contribution
to the funds in the Director's control on account of the costs of
any proceedings arising under regulations 10 to 13 or in con-
sequence of any order made thereon; and
(c)the charge created by section 18A of the Ordinance shall not
apply as regards any resulting increase in the net liability of the
Director.

16. Time limits

Where any party to a taxation is an aided person the certificate of costs
shall not, save by consent, be signed within 14 days after the taxing master's
decision; and where an aided person's solicitor applies under regulation 10 or 11
for authority to make objections or to have a taxation reviewed, he shall do so
before the expiration of the time allowed by the rules of court for making
objections or for applying for review and shall thereupon give notice to the
taxing master and to the opposite party of his application.

17. Basis of taxation
Costs shall be taxed for the purposes of these regulations according to the
ordinary rules applicable on a taxation as between solicitor and client where the
costs are to be paid out of a common fund in which the client and others are
interested.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2417

Edition

1964

Volume

v7

Subsequent Cap No.

91

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:06:54 +0800