DEFENCES (FIRING AREA) ORDINANCE

DEFENCES (FIRING AREA) ORDINANCE

LAWS OF HONG KONG

DEFENCES (FIRING AREAS) ORDINANCE

CHAPTER 196





CHAPTER 196

DEFENCES (FIRING AREAS) ORDINANCE

ARRANGEMENT OF SECTIONS
Section Page
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... .. ...
... ... ... 2
3. Authorized Firing Areas ... ... ... ... ... ... ... ... ... ... 3
4. Firing programme and notices ... ... ... ... ... ... ... ... ... ... ... 3
5. Firing signals ... ...... ... ... .. ... ... ... ... ... 4
6. Offences m while firing signals are displayed ... ... ... ... ... ... ... ... ... 4
7. Offences and provisions relating to the recovery of projectiles ... ... ...
...
8. Penalty for offences ... ... ... ... ... ... ... ... ...
... ...

9. Officers authorized to arrest or remove trespassers. etc. ... . ... ... ... ... 5 10.
Exemptions ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6

11. Power of Governor in Council to amend Schedules ... ... ... ... ... ... ... 6

First Schedule. Firing Areas ... ... ... ... ... ... ... ... ... ... ... ... ... 6

Second Schedule. List of Persons to he supplied with Programmes. Notices and Charts
... 8

Third Schedule. Firing Signals ... ... ... ... ... ... ... ... ... ... 9





CHAPTER 196

DEFENCES (FIRING AREAS)

To regulate practice firing from Hong Kong defences and for clearing of
certain sea areas in connexion therewith.

[1 July 1937.1

WHEREAS it is necessary. from time to time. to carry out practice firing
with projectiles from some or all of the defences of Hong Kong, and
it is necessary to make provision for the safety of shipping and all
persons who may be affected thereby:

1. This Ordinance may be cited as the Defences (Firing Areas)
Ordinance.

2. In this Ordinance. unless the context otherwise requires

---aircraft-includes all balloons (whether fixed or free), kites, gliders,
airships, aeroplanes. seaplanes, flying boats and other flying:
machines; (Amended 50 of 1936, s. 2)

-Commander, Kowloon Area- means the officer for the time being in
command of the military forces stationed in Kowloon and the New
Territories or the officer for the time being commanding Royal
Artillery, Hong Kong, (Added, 7 of 1948, s.2)

---gunsite- includes any gun site on land within the Colony or any gun
sited upon any vessel operating within the Colony or its territorial
waters, (Added, 7 qf' 1948, s. 2. Amended, 38 of 1949,s. 12)





,'vessel' includes ship, yacht. lighter, junk, boat and craft of every kind,
and whether navigated by steam, motor. sail, oars or otherwise.

3. Subject to the provisions of this Ordinance-

(a)practice firing may take place from any gun site over all or any
of the firing areas described in Part 1 of the First Schedule,
(Aniended, 41 of 1959, s. 2)

(b)torpedo practice firing may take place over all or any of the
firing areas described in Part 11 of the First Schedule: and
(Amended, 41 of 1959, s. 2)

(c)practice firing of explosive minesweeps may take place over all
or any of the firing areas described in Part III of the First
Schedule: (Added, 41 of 1959. s. 2)

Provided that when a vessel or aircraft is within danger in or over
any such firing area. all firing within or over that area shall cease.

(Replaced, 4 of 1957. s. 2)

4. (1) A provisional programme of firing from gun sites shall be
circulated at the commencement of every quarter by the Com Kowloon
Area, in respect of the firing areas described in Part 1 of the First
Schedule other than Firing Area E. to the persons enumerated in the
Second Schedule, such programme being subject to alteration from time
to time if necessitated by military requirements. (Replaced, 7 of 1948, s. 4.
Amended, 24 of 1956 s. 2 and 4 qf 1957, s. 3)

(2) Such officer shall supply to such persons as many charts.
showing the firing area, as they may require. (Replaced, 7of'] 948, s.4)

(3) Such officer shall also cause to be published notice of intended
practice firing in or over any of the firing areas described in Part 1 of the
First Schedule other than Firing Area E at least 7 clear days before the
date on which the firing is to take place and shall supply to the persons
enumerated in the Second Schedule as many copies of such notice as
they may require. and shall deliver not less than 7 clear days before the
firing commences. copies of such notice to such persons as the
Regional Secretary (New Territories) may specify. (Replaced, 7 qf 1948, s.
4. Amended, 24 of 1956 s. 2; 4 of 1957, s. 3; L.N. 94174 and L.N. 17/82)

(4) Such notice shall contain warnings to masters of vessels or
pilots of aircraft exempt from the operation of this Ordinance under
section 10, to assist the carrying out of the firing practice by hastening
through the firing area affected or by consenting to be towed out of
such area, if necessary, by any vessel acting under the orders of the
local military authorities. (Replaced, 7 of 1948, s. 4)





(5) The Captain in Charge. Hong Kong, shall cause to be published notice
of intended practice firing in or over any firing area described 'In Part II or Part
111 of the First Schedule at least 7 clear days before the date on which the firing
is to take place and shall supply to the persons enumerated in the Second
Schedule as many copies as they may, require and shall deliver not less than 7
clear days before firing commences copies of such notices to such persons as the
Director of Marine may require. (Replaced, 7 of' 1948, s. 4. 4 of 19573 s. 3.. 41
of 1959 s. 3 and L.N. 259 75)

(6) [Omitted as spent.]

(7) No practice firing under the provisions of this Ordinance shall take
place over Firing Area B on any Sunday or Saturday. (Added, 24 qf 1956, s. 2)

(8) No practice firing under the provisions of this Ordinance shall take
place over Firing Area D on any day which is a general holiday by virtue of the
Holidays Ordinance. (Added, 24 of 1956. 2).

(9) No practice torpedo firing under the provisions of this Ordinance shall
take place between half an hour before sunset and half an hour after sunrise and
unless the firing area is patrolled by riot less than 2 safety craft. (Added. 4 (1
1957 s. 3)

(10) No practice firing of' explosive min under the

c

provisions of this Ordinance shall take place-

(a) on my day which is a general holiday by virtue Of the

Holidays Ordinance other than a Sunday, or

(b) betweep half all hour before sunset and half an hour after
sunrise. 41 of 1959, s. 3)

5. Notice that firing is about to take place or is taking place in

C_ c

any of the firing areas. shall be givrn in the manner specified in the Third
Schedule.

(Replaced, 7 of 1948 s. S;

6. While notice that firing is taking place over any of the firing areas is
given by the hoisting or display of the signals as provided under section 5. then
in respect of the areas affected by the said notice---

(a)no person shall enter or remain within the area. nor bring. take or
suffer to remain therein any vessel. aircraft or thing, except as
provided in section 10;

(b) no vessel shall be employed in fishing in the area:

(c) no pleasure boat shall cruise in the area;

(d)no vessel shall anchor or remain anchored in or ground on the area;





(e)no aircraft shall alight on, remain in or travel upon the area;

in the event of any vessel or aircraft being from any cause
within the area, the master or pilot or other person in charge
thereof shall use his utmost endeavours to pass out of the
area without loss of time.

7. No person shall trawl, dredge or search for or otherwise interfere
with any shot, shell, torpedo or other projectile or portions thereof
within any of the firing areas, or take or retain. or be in possession of,
any such shot, shell, torpedo or other projectile, or portions thereof,
found within any of such areas. Any person who, when trawling,
dredging, or in any manner whatsoever, shall come into possession of
any such shot. shell, torpedo or other projectile, or any portion thereof,
within any of the areas. shall not retain it. but shall immediately return it
in its existing condition. and without tampering with it, into the water:

Provided, nevertheless, that the provisions of this section shall not
apply in cases of persons who recover torpedoes or projectiles under
written instructions from the local naval or military authorities.

(Amended, 4 of 1957
s. 4)

8. (1) Any person doing anything prohibited by or otherwise
contravening section 6 or 7 shall be deemed to commit an offence

(2) If any person commits an offence against this Ordinance he
shall be liable on summary conviction to a fine of $250. and may be
removed by any officer authorized by section 9 from the areas to which
the Ordinance applies, and taken into custody without warrant, and
brought before a magistrate to be dealt with according to law. and any
vessel or thing found in the areas in contravention of this Ordinance
may be removed by such officer as aforesaid and on due proof of such
contravention may be declared by a magistrate to be forfeited.
(Amended, 26 qf* 1946, Schedule

9. The following officers are hereby authorized to remove or to take
into custody without warrant any person contravening section 6 or 7,
or to remove any vessel, aircraft or thing found on any area affected

(a)the officer in charge of the gun sites. that is to say, the
Commander, Kowloon Area; (Replaced, 7 of 1948. s.
9)

(b)any officer, warrant officer, non-commissioned officer or
military policeman. for the time being under the command of
the said officer in charge of the gun sites. (Amended 7 of
1948, s. 9)

(c)any person authorized in writing under the hand of the said
officer in charge of the gun sites. or (Amended, 7 of'
1948,s.9)

(d) any police officer.





10. (1) This Ordinance shall not apply to-

(a)any ship or aircraft entering or passing through the areas
affected in the ordinary course of navigation from one port to
another except where such vessel is engaged in firing practice
from a gun site; (Aniended, 50 qf 1936, s. 3; 26 of 1946,
Schedule: 7 of 1948 s. 10 and 38 qf 1949, s. 12)

(b)any vessel or aircraft compelled to enter or unable to quit the
area affected by reason of the exigencies of navigation,
(Aniended, 50 of 1936 s. 3)

(c)any vessel or aircraft when racing, provided due notice of the
racing fixture has been given not less than 48 hours previously
to the Commander, Kowloon Area; (Aniended, 50 qf 1936, s. 3
and 7 of 1948, s. 10)

(d)any vessel employed in tending, placing or replacing mark
buoys or other aids to navigation within the areas affected;

(e)Her Majesty's ships of war or aircraft, or any vessel or aircraft
employed under The Ministry of Defence authority or under
the Government of the Colony.

(2) In this section. the word 'ship' has the same meaning as in the
Merchant Shipping Ordinance. (Added, -16 of 1946 Schedule)

11. The Governor in Council may by order signified in the Gazette
amend the Schedules to this Ordinance in any manner whatsoever
provided that no amendment of the firing areas shall extend any such
area beyond the Colony and its territorial waters.

(Added, 50 of 1936 s. 4. Aniended, 24 of 1950 Schedule)

FIRST SCHEDULE

FIRING AREAS

PART 1
Note-(1)All Latitudes are N. and Longitudes E. Latitudes and Longitudes are
taken from Admiralty Charts Nos. 937 and 938.

(2)All grid references are in terms. of the Universal Transverse
Mercator grid, Zones 49 and 50. International Spheroid. Hong
Kong 1963 datum.

(a) [Deleted L.N. 15 801

(b) Firing Area B (Basalt Island Range)

The area included in this firing area is bounded as follows

By a line starting at Wang Chau Kok grid reference KV 296717 (Lai.
22 IT 45'. Long. 114 22' 33') thence north-eastward to grid reference
KV 341751 (Lat. 22 21. 39', Long. 114 25' 06') thence eastwards to grid
reference KV 368751 (Lai. 22 21' 39-. Long. 114 26' 42') thence
southwards to grid reference KV 367648 (Lai. 22 16' 00'. Long. 114 26'
411 thence westwards to grid reference KV 295648 (Lai. 22 16' OW,
Long. 114

23' 30') thence north-westwards to grid reference KV 270679 (Lat. 22 IT
42', Long. 114 2 V 00') thence north-north-westwards to the
southernmost point of Bluff Island at Sha Tong Hau Mei at grid reference
KV 265701 (Lat. 22 18' 54'. Long. 114 20' 42') thence along the






eastern shore at the





high water mark to the easternmost point of BlulT Island at grid
reference KV 275715 (Lat. 20 19' 36', Long. 114 21' 18') and thence
eastwards to the starting point.

(e) [Deleted, L.N.
15,1801
(d) Firing Area D-

The area included in Firing Area D comprises the greater part of the
Castle Peak Peninsula and is bounded as follows

By a line running from grid reference HQ 04608563 south eastwards
through HQ 04758552 and HQ 05278544 to HQ 06388446. thence
south westwards through HQ 05758324, HQ 04808137, HQ 04488113.
and HQ 04348100 to HQ 04218062, thence to HQ 04418023 and south
westwards through HQ 03897949, HQ 03397819 to HQ 02507744.
thence westwards to HQ 0 1747756, north westwards to HQ 0 1237788
and northwards through HQ 00857953 to HQ 00668190. eastwards to
HQ 02018172. thence north eastwards through HQ 02408238, HQ
02428242 along a road kerb to HQ 03038306 and HQ 03068328 along a
road kerb to HQ 03258367 and north eastwards through HQ 03938480
and HQ 04418550 to HQ 04608563.

(e) Firing Area E (Lo Wu Classification Range)-

The area included in this Firing Area is bounded as folloAs

By a line starting at a point grid reference KV01449326 thence in a
direction 33 to a point at grid reference KV01669360 thence in a
direction 42 to a point at grid reference KVO 1839379 thence in a
direction 102 to a point at grid reference KV02109374 thence in a
direction 164 to a point at grid reference KV02199343 thence in a
direction 247 to a point at grid reference KV01889329 thence in a
direction 258 to a point at grid reference KV01489320 thence in a
direction 324 to the starfing, point.

PART 11

Note-All Latitudes are N. and Longitudes are E. Latitudes and Longitudes

are taken from Admiralty Charts Nos. 937 and
938. Torpedo firing area

The area included in this firing area is enclosed by, lines joining the following
positions

Latitude 22 IT 36' Longitude 114 23' W'

Latitude 22- 14' 4W' Longitude 114 24' 6'

Latitude 22' 14' 0' Longitude 114- 21' 24'

Latitude 22- 16' 48' Longitude 114 20' 24'.

PART III

Note-(1) All Latitudes are N. and Longitudes are E.

(2)Latitudes and Longitudes are taken from Admiralty Charts Nos.
937 and 938.

(3)All map references are taken from Edition I-GSGS, Series L.681.
Sheet 2.

(a) Explosive Minesweeping Area 1 (Lamma Area)-







The area included in this minesweeping area is enclosed by lines joining
the following positions





Latitude 22 13' 12' Longitude 114 3' 52' (grid reference JV974602) Latitude
22 13' 12' Longitude 114 6' W (grid reference KV010601) Latitude 22 11' 11'
Longitude 114 6' W (grid reference KV009564) Latitude 22 11' 11' Longitude
114 3' 51' (grid reference W973565) (b) Explosive Minesweeping Area 11 (Po
Toi Area)

The area included in this minesweeping area is enclosed by lines joining
the following positions

Latitude 222 11' W Longitude 114 12' 48' (grid reference KV 1265 58)
Latitude 22 1 V W Longitude 114 14' 3W (grid reference KV 1565 5 7)
Latitude 22 9' 24' Longitude 114 14' 3W (grid reference KV155528) Latitude
22 T24' Longitude 114 12'48' (grid reference KV125529) (c) Explosive
Minesweeping Area 111 (Ninepin Area)

The area included in this miiles,,k,eeping area is enclosed by lines joining
the following positions

Latitude 22 16' 36' Longitude 114 21' 24' (grid reference
KV276659)
Latitude 22 16' 36' Longitude 114 24' 3W (grid reference
KV330658)
Latitude 22 14' 24' Longitude 114 24' 3W (grid reference
KV329617)
Latitude 22 14'24' Longitude 114 2F24' (grid reference KV275618).
t Replaced, G. NA. 42 56. .411?e~ieltd, G..V.A. 13 57: 29 of'1958, s. 2.. G-V-4.
33 ~8: G.NA. 69 58: G.N._4. 7 ~9; G.N.A. 11 60: L.N. 80 66: L.N. 76 69,
L.N. 106 7i and L.N. 15 80,

SECOND SCHEDULE [s. 4.1

LIST OF PFRSONS TO BE SUPPLIED WITH PROGRAMMES,
NOTICES AND CHARTS

Deputy Commander, Land Forces.
Captain in Charge. Hong Kong.
Commander. Royal Air Force. Hone Kong.
Regional Secretary (New Territories).
Secretary for Security.
Secretary for Lands and Works.
Director of Lands.
Commissioner of Police.
Director of Civil Aviation.
Director of Marine.
Superintendent Air Traffic Services. Hong Kong Airport.
Secretary, Royal Hong Kong Yacht Club.
Director of Fire Services.
Director of Urban Services.
(Replaced, L.N. 106 715..A~nded, L.N. 259 75 L.N. 17 82 and L.N. 76 82)





THIRD SCHEDULE 5.]

FIRP,C, SIGNALS

Nole-All grid references are in terms of the Universal Transverse Mercator
grid, Zones 49 and 50. International Spheroid. Hone Kong 1963
datum.

1 Notice that firing is taking place in any firing area shall be given by the
hoisting or display of the signals hereinafter mentioned.

2. Such signals, when firing by day, shall be displayed 1 hour before firing is
due to commence.

3. Such signals, when firing by night. shall be displayed 2 hours before sunset.

4. In all cases signals shall remain displayed until firing has ceased, and shall
then be hauled down or extinguished.

5. 1 n respect of firing by day the signals referred to in paragraph 1 above C
are--(a) for Firing Area B

(i) by a red flag flown at each of the following positions---

KV 296717 (Lat 22 19' 45'. Long. 114 22' 3 3
KV 265701 (Lat. 22 IS' 54`. Long. 114 20' 42
K V 275715 (Lat. 22 19' 36', Long. 114 21' 18')~
KY 278720 (Lat. 22 IT 54'. Long. 114 21' 30---).
KV 285695 (Ln 22 18' 42'~ Long. 114 22' 12

(ii) by a red Rag flown or a 10-foot pole on a buo\ moored in each of the
following positions

KV 341751 (Lai, 22 21' 39'. Long. 114 25' 06

K V 368751 (Lat. 22 21' 39'. Long. 114 26' 42'),

KV 367648 (Lat. 22 16' OW. Long. 114, 26' 42

KV 295648 (Lat. 22 16' OW. Long. H4 23' 30').

KV 270679 (Lat. 22 IT 42', Long. 114 21' OW):

(b) [Deleted, L.N. 151;80]
(c) [Deleted, L.N, 15 801
(d) .1~r Firing Area D

(i) by a red flag gown at each Pun site:

(ii) by a red flag flown at Castle Peak (map reference HQ 03887900)
unless the Regional Secretary (New Territories) has gi~,en permission
to the military authorities to dispense with that flag~

(iii)by a red flag flown at each of the points indicated by map reference~
HQ 058839, HQ 025775~ HQ 010804 and HQ 02-5821

(iv) by a red flag flown from such other position or positions as ma\ he
agreed upon from time to time by the Regional Secretary (\~exx
Territories) and the military authorities:

(e) for Firing Area E-

by a red flag flown at grid references

(i) KV018933;







(5) KY022938,

(iii) KV023936.

6. In respect of firing by night the signals for Firing Areas B and D are(a) by a
red lamp hoisted at the gun site concerned:

(b) by a red lamp in each position at which a warning flag is flown by day.





7. When Firing Area B is in use, the seaward approach to this area shall be
patrolled by not less than -2 range safety launches.

8. In respect of torpedo firing the signals referred to in paragraph 1 above are

(ii) a large red flag flown from the firing shap: and

(b) a large red flag flown from each safety craft patrolling the firing area.

9. In respect of the firing of explosive minesweeps the signals referred to in
paragraph 1 above are

(a)a black ball at the foremast head and a black ball at the yardarm on the side
or sides on which it is dangerous for vessels to pass; and

(b) a black flag at the yardarm.

(Replaced, G.N.A. 42 56. Amended, G.N.A. 13 157; 29 qf 1958, s. 2: G.N.A.
69/58; G.N.A. 75/59 G.N.A. 11 60 L.N. 80/66 L.N. 106/75 L.N. 15/80 and
L.N. 17/82
Originally 1 of 1936. (Cap. 196, 1950.) 50 of 1936. 26 of 1946. 7 of 1948. 38 of 1949. G.N.A. 219/49. 7 of 1950. 24 of 1950. G.N.A. 43/50. G.N.A. 46/52. G.N.A. 56/52. G.N.A. 154/53. G.N.A. 66/54. G.N.A. 153/54 G.N.A. 10/55. G.N.A. 42/56. 24 of 1956. 4 of 1957. G.N.A. 13/57. G.N.A. 33/58. 29 of 1958. G.N.A. 69/58. 41 of 1959. G.N.A. 75/59. G.N.A. 11/60. 45 of 1960. L.N. 80/66. L.N. 76/69. L.N. 94/74. L.N. 106/75. L.N. 259/75. L.N. 15/80. L.N. 17/82. L.N. 76/82. Proc. No. 7/1937. Preamble Short title. Interpretation. Authorized Firing Areas. First Schedule. Firing programme and notices. First Schedule. Second Schedule. (Cap. 149.) (Cap. 149) Firing signals. Third Schedule. Offences while firing signals are displayed. Offences and provisions relating to the recovery of projectiles. Penalty for offences. 1982 c. 43, s. 17(2). Officers authorized to arrest or remove trespassers. etc. Exemptions. (Cap. 281.) power of Governor in Council to amend Schedules. Signals for day and night firing. Firing by day. Firing Area B. Firing Area D. Firing Area E. Firing by day. Firing Area B and D. Firing Area B.

Originally 1 of 1936. (Cap. 196, 1950.) 50 of 1936. 26 of 1946. 7 of 1948. 38 of 1949. G.N.A. 219/49. 7 of 1950. 24 of 1950. G.N.A. 43/50. G.N.A. 46/52. G.N.A. 56/52. G.N.A. 154/53. G.N.A. 66/54. G.N.A. 153/54 G.N.A. 10/55. G.N.A. 42/56. 24 of 1956. 4 of 1957. G.N.A. 13/57. G.N.A. 33/58. 29 of 1958. G.N.A. 69/58. 41 of 1959. G.N.A. 75/59. G.N.A. 11/60. 45 of 1960. L.N. 80/66. L.N. 76/69. L.N. 94/74. L.N. 106/75. L.N. 259/75. L.N. 15/80. L.N. 17/82. L.N. 76/82. Proc. No. 7/1937. Preamble Short title. Interpretation. Authorized Firing Areas. First Schedule. Firing programme and notices. First Schedule. Second Schedule. (Cap. 149.) (Cap. 149) Firing signals. Third Schedule. Offences while firing signals are displayed. Offences and provisions relating to the recovery of projectiles. Penalty for offences. 1982 c. 43, s. 17(2). Officers authorized to arrest or remove trespassers. etc. Exemptions. (Cap. 281.) power of Governor in Council to amend Schedules. Signals for day and night firing. Firing by day. Firing Area B. Firing Area D. Firing Area E. Firing by day. Firing Area B and D. Firing Area B.

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