COUNTRY PARKS AND SPECIAL AREAS REGULATIONS

COUNTRY PARKS AND SPECIAL AREAS REGULATIONS

COUNTRY PARKS AND SPECIAL AREAS REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ..............................A2
2. Interpretation ........................A2
3. Application ...........................A 3
4. Prohibition on bringing vehicles into country parks and special areas A 3
5. Prohibition on bringing cattle, sheep, goats, etc. into country park or special
area .....................................A 3
6. Prohibition on carrying hunting or trapping appliances or arms A 3
7. Control of fires etc . ................A 4
8. Protection of vegetation and soil .....A 4
9. Control of trading ....................A 5
10. Prohibition on displaying signs, erecting buildings A 5
11. Control of meetings and various activities A 5
12. Prevention of nuisances ..............A 6
13. Closure of country parks and special areas A 7
14. Designated barbecue sites and camping sites A 7
15. Powers of inspection and seizure .....A 7
16. Authorized officers ..................A 8
17. Obstruction ..........................A 8
18. Permits ..............................A 8
19. Application to Crown servants and waterworks contractors A 9
20. Offences and penalties ...............A 9
Schedule. Fees ...........................A10





COUNTRY PARKS AND SPECIAL AREAS REGULATIONS
(Cap. 208, section 26)
[1 September 19771

L.N. 131 of 1977- R. Ed. 1977,41 of 1980, L.N. 299 of 1989

1. Citation

These regulations may be cited as the Country Parks and Special Areas

Regulations.

2. Interpretation

In these regulations, unless the context otherwise requires

'arms' includes

(a)any firearm of any description from which any shot, bullet or other
missile can be discharged;

(b)any air gun, air rifle or air pistol from which any shot, bullet or other
missile can be discharged; and

(c)any propelling or releasing instrument or mechanism from or by
which any shell, cartridge or projectile can be discharged, including a
bow and arrow or catapult;

,,authorized officer' means any person appointed by the Authority as an authorized
officer under regulation 16;

'designated barbecue site' and 'designated camping site' means a barbecue site or
camping site designated by the Authority under regulation 14;

'hunting or trapping appliance' means any net, gin, snare, poison or poisoned
weapon, bird lime, trap or bright light;

'plant' includes

(a) timber, trees and shrubs; and

(b)leaves, roots, flowers, fruit, tubers, bulbs, corms, stocks, cuttings,
layers, slips, suckers, seeds and any part of a plant;

'road' includes every highway, thoroughfare, street, lane, alley, court, square,
archway, passage, path, way and place to which the public have access, either
continuously or intermittently and either of right or by licence, whether the
same be the property of the Crown or otherwise;

,,soil' includes earth, sand, clay and peat;

,'vehicle' means any vehicle, whether mechanically propelled or otherwise, intended
or adapted for use on roads and includes a rickshaw but does not include a
perambulator or any conveyance for use solely on railways or tramways.





3. Application

These regulations shall apply to country parks and special areas.

4. Prohibition on bringing vehicles into

country parks and special areas

(1) Subject to subregulation (2), no person shall, except with the consent of the
Authority, bring into a country park or special area any vehicle or bicycle, or drive,
use or be in possession of any vehicle or bicycle within a country park or special
area.

(2) Subregulation (1) shall not apply-

(a)to any person driving, using or in possession of a vehicle or bicycle
on any road designated by the Authority for such purposes and so
marked by him or in any car park so designated; or

(b)to any person riding a bicycle within a country park or special area if
he is ordinarily resident within the park or special area.

(3) Any person who parks a vehicle in a car park designated by the Authority
shall pay such fee as is prescribed in the Schedule.

5. Prohibition on bringing cattle, sheep, goats,

etc. into country park or special area

(1) Subject to subregulation (2), no person shall, except in accordance with a
permit in writing granted by the Authority, bring into any country park or special
area or have control of within such park or area, any cattle, equines, sheep, goats,
pigs, dogs, cats or poultry.

(2) Subregulation (1) shall not apply-

(a)to a person who brings into a country park or special area a dog and
who keeps the dog under control while within the country park or
special area;

(b)to a person who rides or leads a horse along a path or track approved
by the Authority for such purpose and so marked by him;

(c)to a person who, being ordinarily resident within a country park or
special area, keeps any cattle, equines, sheep, goats, pigs, dogs, cats
or poultry on his own land or on land over which he has a right to
graze such animals or poultry.

6. Prohibition on carrying hunting

or trapping appliances or arms

No person shall, except in accordance with a permit in writing granted by the
Authority, within any country park or special area, carry, have in his possession, or
discharge any hunting or trapping appliance or arms.





7. Control of fires etc.

(1) No person shall within a country park or special area

(a)carry or have in his possession any lantern, cooking stove or other
similar apparatus which uses flame except in a designated barbecue
site or a designated camping site or when travelling from the country
park or special area boundary to such designated site or from such
site to the entrance;

(b)carry or have in his possession any flare, flame-gun, fire-balloon or
other similar device;

(c) light, or use any fire, or be a member of a group which uses a any
fire, whether or not lit by any person in the group, except in a
designated barbecue site or in a designated camping site; or

(d)discard any match, lighted cigarette, pipe ash or other substance in a
manner likely to cause a fire.

(2) The Authority may, if he considers it necessary in the interests of good
management so to do, prohibit the lighting or the use of fire in any country park or
special area or part thereof, including any designated barbecue site or a designated
camping site and display notices of such prohibition in English and in Chinese in
such prominent positions as he shall determine.

(3) Subregulation (1)(a) and (c) shall not apply to any person who, being
ordinarily resident within a country park or special area

(a)has in his possession any lantern, cooking stove or other similar
apparatus which uses flame within his dwelling place or its curtilage;

(b)carries any lantern, cooking stove or other similar apparatus which
uses flame from the boundary of the country park or special area to
his dwelling house or from his dwelling house to such entrance;

(c) lights or uses any fire within his dwelling house or its curtilage.

8. Protection of vegetation and soil

(1) Subject to subregulation (2), no person shall within a country park or special
area, except in accordance with a permit in writing granted by the Authority

(a)cut, pick or uproot any plant or part of a plant, whether living or
dead;

(b) dig, cultivate or disturb the soil; or

(c) sow or plant any seeds or plants, whether as a crop or not.

(2) Subregulation (1) shall not apply to a person who cuts, picks, uproots, digs,
cultivates or disturbs any plant, part of a plant or soil or who sows or plants any
seeds or plants under a Crown lease or a licence or permit granted





under the Crown Land Ordinance (Cap. 28) or a licence or lease issued by the
Commissioner of Mines.

9. Control of trading

(1) No person shall, except in accordance with a permit in writing granted by
the Authority

(a)bring into or allow to remain in any country park or special area any
commodity or article which is intended or is likely to be sold or let on
hire;

(b)within any country park or special area sell, or offer or expose for
sale, or let on hire, or offer or expose for letting on hire, any
commodity or article.

(2) Where an authorized officer believes that any person is likely to act in
contravention of subregulation (1)(a) he may take such steps as are reasonably
necessary to prevent that person from bringing in or allowing to remain in any
country park or special area any commodity or article.

(3) The Authority or an authorized officer may remove any person from a
country park or special area if he has reason to believe that such person has
contravened subregulation (1).

10. Prohibition on displaying signs, erecting buildings

(1) No person shall, within a country park or special area except in accordance
with a permit in writing granted by the Authority

(a) display any sign, notice, poster, banner or advertisement;

(b)construct or erect any building, hut or shelter or excavate any cave;

(c)construct or excavate any grave or deposit any human body in any
grave so constructed or excavated; or

(d) deposit any urn containing human remains.

(2) Where there has been a contravention of subregulation (1)(a) or (b), the
Authority may remove any sign, notice, poster, banner, advertisement, building, hut
or shelter or fill in any cave.

11. Control of meetings and various activities

(1) No person shall within a country park or special area, except in accordance
with a permit in writing granted by the Authority

(a)hold any public meeting or sporting competition, make any public
speech or address any public meeting;

(b)hold any event organized for the purpose of raising funds, whether
for charity or otherwise; or





(c) carry on any activity for the purpose of, or incidental to, any
business, except where such activity is otherwise permitted under
these regulations.

(2) No person shall within a country park or special area

(a) play any competitive team game; or

(b)operate any power driven model boat, power driven model aeroplane
or power driven model vehicle,

except in any area approved for the purpose by the Authority and marked by him
with signboards and markers.

(3) No person shall camp or erect a tent or temporary shelter within a country
park or special area except

(a)in accordance with a permit in writing granted by the Authority; and

(b) in a designated camping site.

12. Prevention of nuisances

(1) No person shall within a country park or special area-

(a)wilfully or negligently deface, injure, soil or defile any notice, marker,
fence, building, shelter, equipment or installation erected, used or
maintained by the Authority;

(b)wilfully or negligently obstruct or pollute in any way any stream,
water course, pool or body of water;

(c)deposit any litter, paper or rubbish, except into the bins or containers
provided for such purpose;

(d)cause a public disturbance, behave in an offensive or indecent
manner or be otherwise than properly clothed;

(e)spit, except into a Iatrine or into a channel or drain provided for the
carriage of sewage, sullage, waste water or excretal matter;

be under the influence of drugs;

(g)to the annoyance of any other person operate or play, or make any
sounds on, any musical or other instrument, including any
gramophone or radio apparatus, or sing any song or shout;

(h)beg or gather alms or, for the purpose of gathering alms, expose or
exhibit any sores, wounds or bodily ailments or deformity. (41 of
1980 s. 50)

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

(a) a licence granted under section 20 of the Water Pollution Control
Ordinance (Cap 35418); or

or

(b)an exemption which arises under section 15 of that Ordinance. (41 of
1980 s. 50)











13. Closure of country parks and special areas

(1) The Authority may, if he considers it necessary in the interests of good
management, close to the public the whole or any part of a country park or
special area.
(2) A closure under subregulation (1) shall be effected by the Authority
displaying in such prominent positions as he shall determine notices in English
and in Chinese prohibiting entry to the park or area or to the part thereof that
has been closed.
(3) Subject to subregulation (6), where a notice has been displayed under
subregulation (2), no person shall-
(a)enter the country park or special area, or part thereof, that has
been closed;
(b)remain in such park, area or part after being requested to leave
by the Authority or an authorized officer; or
(c)knowingly remain in such park, area or part more than 12 hours
after the time when the notice was displayed.
(4) During the period when a country park or special area or part thereof
is closed any permit granted by the Authority under these regulations and
relating to that park or area, or part thereof, shall be suspended.
(5) Where a closure under subregulation (1) has extended, or is likely to
extend, beyond a period of 4 weeks, the Authority shall publish in the Gazette a
notice of the closure.
(6) Subregulation (3) shall not apply to any person ordinarily resident in
the country park or special area, or part thereof, which has been closed.

14. Designated barbecue sites and camping sites

The Authority may designate and set aside any place within a country park
or special area to be a barbecue site or camping site.

15. Powers of inspection and seizure

(1) A person to whom a permit under these regulations is granted shall,
on being so required by the Authority or an authorized officer, produce the
permit for inspection, together with means of identification.
(2) Where the Authority or an authorized officer has reason to believe
that a person has committed an offence under these regulations he may seize
any commodity, article or animal (other than a vehicle), whether in the
possession of such person or not, in respect of which the Authority or the
authorized officer has reason to believe that the offence was committed.
(3) Any animal seized under subregulation (2) shall be impounded under
the Pounds Ordinance (Cap. 168) as if it were a stray animal.





(4) Where any commodity or article has been seized under subregula-
tion (2) it shall, if perishable, be disposed of by the Authority, but otherwise
shall be dealt with in accordance with section 102 of the Criminal Procedure
Ordinance (Cap. 221).

16. Authorized officers

The Authority may appoint any public officer or class of public officer to
be an authorized officer for the purposes of these regulations; and an authorized
officer shall have such powers and discharge such duties as are conferred on or
imposed on authorized officers under these regulations.

17. Obstruction

Any person who obstructs the Authority or an authorized officer in the
lawful exercise of any power conferred by or the lawful discharge of any duty
imposed under these regulations commits an offence and is liable to a fine of
$5,000.

18. Permits

(1) An application for a permit under these regulations shall be made in
writing to the Authority and shall be accompanied by the appropriate fee
prescribed in the Schedule, except where a permit is to be issued free of charge.
(2) Upon receipt of an application under subregulation (1) and upon
payment of the fee (if any), the Authority may-
(a) grant a permit, subject to such conditions as he thinks fit; or
(b) refuse to grant a permit.
(3) A permit shall be valid for such period as may be stated thereon.
(4) A permit shall be revoked if the holder thereof---
(a)contravenes any regulation, whether or not he is convicted of an
offence under these regulations;
(b)contravenes or fails to comply with any condition subject to
which the permit was granted.
(5) If the Authority is satisfied that a permit has been lost, destroyed or
accidentally defaced, he may issue a duplicate thereof for which, in the case of a
permit for which a fee is charged, he shall pay either the original fee, as specified
in the Schedule or $50, whichever is the less.
(6) Any person who is aggrieved by the refusal, revocation or suspension
of a permit may, within 14 days after the receipt of the notice of refusal,
revocation or suspension appeal in writing to the Chief Secretary, who may
confirm, vary or set aside such refusal, revocation or suspension.





(7) The grant by the Authority of a permit to any person in respect of any act or
thing done under these regulations shall be without prejudice to any other licence,
permit or consent which that person may be required to obtain under any other
enactment.

19. Application to Crown servants

and waterworks contractors

(1) These regulations shall not apply to, and regulation 4 shall not apply in
respect of a vehicle or bicycle being used by

(a)any person in the public service of the Crown while he is within a
country park or special area acting in the course of his duties;

(b)any person, not being a person in the public service of the Crown,
who is authorized by the Water Authority to carry out the
construction, operation or maintenance of waterworks within a
country park or special area.

(2) In this regulation 'person in the public service of the Crown' means a
person who is

(a) a public officer;

(b) a member of Her Majesty's forces; or

(c) a member of-

(i) the Royal Hong Kong Regiment; (ii) the Royal
Hong Kong Auxiliary Air Force; (iii) the Royal Hong
Kong Auxiliary Police Force; (iv) the Essential
Services Corps.

20. Offences and penalties

(1) Any person who contravenes regulation 4, 5, 6, 8, 9, 10, 11, 12 or 13(3)
commits an offence and is liable to a fine of $2,000 and to imprisonment for 3 months
and, where the offence is a continuing offence to an additional fine of 100 for each
day during which the offence has continued.

(2) Any person who when driving a vehicle or riding a bicycle or horse within a
country park or special area refuses or wilfully fails to stop when called upon to do
so by an authorized officer acting in the course of his duties commits an offence and
is liable to a fine of $2,000 and to imprisonment for 3 months.

(3) Any person who contravenes regulation 7(1) or, when the Authority has
prohibited the use of fire under regulation 7(2), any person who lights or uses any
fire in any country park or special area in contravention of such prohibition, commits
an offence and is liable on conviction to a fine of $5,000 and to imprisonment for 1
year.

(4) If a person who is required under regulation 15(1) to produce a permit fails,
without reasonable excuse, to do so, that person commits an offence and is liable to
a fine of $1,000.





SCHEDULE [regs. 4 181

FEES

Regulation Description Fee
4(3) Fee for parking a vehicle in a designated car park in a country

park or special area ........Nil

5(1) Permit to bring cattle, equines, sheep, goats, pigs, dogs, cats or

poultry into a country park or special area Nil

6 Permit to carry, possess or discharge any hunting or trapping

appliance or arms ...........Nil

8(1)Permit to cut, pick or uproot any plant or part thereof, to dig,
cultivate or disturb the soil or to sow or plant any seeds or

plants ......................Nil

9(1)...............................Permit to sell or let on hire any commodity or article $420 for each
...............................month or part
...............................thereof

10(1)(a) Permit to display any sign, notice, poster, banner or
advertisement .....................$100 for each
...................................month or part
...................................thereof
10(1)(b) Permit to construct or erect any building, hut or shelter or
excavate any cave .................$100 for each
...................................building, hut,
...................................shelter or cave
1 0(1)(c) Permit to construct or excavate any grave or deposit any human
body in a grave ...................Nil
10(1)(d) Permit to deposit any urn containing human remains Nil
11 (1)(a) Permit to hold any public meeting or sporting competition,
make any public speech or address any public meeting $200 for each
...................................event
11 (1)(b) Permit to hold any event organized for the purpose of raising
funds, whether for charity or otherwise $200 for each

event

11(1)(c) Permit to carry on any activity for the purpose of, or incidental
to, any business ..................$100 per day
11 (3)(a) Permit to camp or to erect a tent or temporary shelter at a
designated camping site ...........Nil

(L.N. 299 of 1989)

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