HONG KONG AIRPORT (REGULATIONS) ORDINANCE

HONG KONG AIRPORT (REGULATIONS) ORDINANCE

LAWS OF HONG KONG

HONG KONG AIRPORT (REGULATIONS) ORDINANCE

CHAPTER 292

C)

REVISED EDITION 1976

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 292

HONG KONG AIRPORT (REGULATIONS)

To control the user of the Hong Kong Airport.

[25th May, 1956.1

1. This Ordinance may be cited as the Hong Kong Airport
(Regulations) Ordinance.

2. In this Ordinance, unless the context otherwise requires

'airport' means the Hong Kong International Airport and all that piece
or parcel of land together with all buildings and erections thereon
in Kowloon and New Kowloon within the boundaries delineated
on the approved plan; (Replaced, 43 of 1976, s. 2)

'approved plan' means the latest plan approved by the Governor under
section 3(1) incorporating any amendments thereto so approved;

'Director' means the Director of Civil Aviation.

3. (1) The Governor may approve a plan delineating the area and
boundaries of the airport and may from time to time approve a new plan
in substitution therefor and amendments to such plan or substituted
plan.

(2) The Governor's approval of any plan or amendments thereto
under subsection (1) shall be endorsed on the plan under the hand of
the Chief Secretary. (Amended, L.N. 226176)

(3) A copy of the approved plan shall be kept in the office of the
Director.

4. (1) The Governor in Council may, for the purpose of controlling
the user of the airport, by regulation provide for

(a)the preservation of order and property and the prevention of
nuisances therein;

(b) the control within the airport of aircraft on the ground;

(e) the moving within the airport of aircraft on the ground;

(d)the control therein or exclusion therefrom, or prohibition or
restriction of access to any part thereof, of persons, vehicles,
animals and articles; (Replaced, 43 of 1976, s. 3)

(e)the moving within the airport of any vehicle, animal or article;

(f)the restriction of access by the public thereto, and the days
and times of admission thereto;





(g)the control of the sale, advertisement or distribution of any
goods, food or drink therein;

(h)the designation by the Director of car parks for the use of
vehicles of any description or any particular type or class or
for the use of persons of any particular class;

(i)the fees payable under this Ordinance; (Replaced, 43 of 1976,
s. 3)

(j) the control of the use of car parks;

(k)

the removal from the airport of vehicles which contravene any
provision of this Ordinance, the sale of vehicles so removed,
and the fees payable in respect of such removal or sale;

(1)empowering the Director, any person authorized by him in
writing for the purposes of this Ordinance or any police officer
to give such orders, either orally or in writing, or to do such
acts as may be specified for carrying into effect any regulation;

(m) empowering the Director or any person authorized in writing by
him for the purpose, to exempt any person, vehicle, animal or
article from all or any of the requirements of any regulation;
(Added, 43 of 1976, s. 3)

(n)empowering the Director to prepare and certify a plan or plans
delineating or describing any part or parts of the airport.
(Added, 43 of 1976, s. 3)

(Amended, 51 of 1967, s. 2)

(2) Regulations made under this section may provide that
contravention of specified provisions of such regulations or of any
order given under such regulations shall be an offence and may provide
penalties for such offence not exceeding a fine of $10,000 and
imprisonment for 2 years. (Amended, 43 of 1976, s. 3)

(3) Regulations made under this section may confer authority upon
any public officer, authorized in writing by the Director for the purposes
of the regulations, to detain within the airport any person reasonably
suspected of having contravened this Ordinance, and take such other
steps as may be provided for in the regulations to ensure that a person
so detained is dealt with in accordance with law. (Added, 43 of 1976, s.
3)

5. (1) In any prosecution for an offence against this Ordinance

(a)a copy of the approved plan certified by the Director to be a
copy of such plan, shall be conclusive proof of the area and
boundaries of the airport; and

(b)a copy of any plan prepared under the regulations
incorporating any amendment endorsed thereon under





the regulations, certified by the Director to be a copy
of such plan, shall be conclusive proof of the area and
boundaries of the part or parts of the airport delineated
or described thereon.

(2) Any such copy purporting to be certified by the Director
shall be presumed, until the contrary is proved, to have been
certified by him.

(Replaced, 43 of 1976, s. 4)

6. (1) Where the driver of a vehicle is alleged to be guilty
of an offence under this Ordinance-
(a)the driver of the vehicle shall on demand give to the
Director or any person authorized by him in writing for
the purposes of this Ordinance or any police officer his
correct name and address and any other information
concerning the vehicle which it is in his power to give;
(b)the owner of the vehicle shall, within 14 days of being
so required (such requirement having been made within
14 days after the date of the alleged offence), give such
information as may be required by the Director or any
person authorized in writing by him for the purposes
of this Ordinance or any police officer as to the identity
of the driver of the vehicle; and
(c)any other person shall, within 14 days of being so
required (such requirement having been made within
14 days after the date of the alleged ofrence), give such
information as may be required by the Director. or any
person authorized in writing by him for the purposes of
this Ordinance or any police officer, being information
which it is in his power to give and which may lead to
the identification of the driver.

(2) Any person who contravenes any of the provisions of
this section shall be guilty of an offence and shall be liable on
conviction to a fine of $500:

Provided that in the case of any proceedings against the owner
of a vehicle it shall be a sufficient defence if he proves to the satisfac-
tion of the court or magistrate that he did not know and could not
with reasonable diligence have ascertained the identity of the driver.

(3) A requirement under subsection (1)(b) or (c) may be
in writing and may be served on the owner of the vehicle or
other person, as the case may be, by post.
(Added, 51 of 1967, s. 3)

7. Where in any summary proceedings in respect of an
offence under this Ordinance-

(a)it is proved that a requirement under section 6(1)(b)
that information be given as to the identity of the





driver of a particular vehicle on the particular occasion to
which the proceedings relate has been served by post on the
defendant; and

(b)a document purporting to be signed by the defendant and
stating that he was the driver of that vehicle on that occasion
is produced to the court or magistrate,

the court or magistrate may, until the contrary is proved, accept that
document as evidence that the defendant was the driver of that vehicle
on that occasion.

(Added, 51 of 1967, s. 3)

8. (1) The Governor may give to the Director and to any public
officer 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.

(Added, 43 of 1976, s. 5)

9. Save where expressly provided to the contrary and subject to any
express exemption, this Ordinance shall apply. to vehicles and persons
in the public service of the Crown.

(Added, 43 of 1976, s. 5)-
Originally 29 of 1956. 51 of 1967. 43 of 1976. L.N. 226/76. Short title. Interpretation. Area of airport to be shown on a plan approved by the Governor. Regulations. Proof of area and boundaries of airport. Obligation to give information as to identification. Proof in summary proceeding of identity of driver of vehicle. Power of Governor to give directions. Ordinance binding on the Crown.

Originally 29 of 1956. 51 of 1967. 43 of 1976. L.N. 226/76. Short title. Interpretation. Area of airport to be shown on a plan approved by the Governor. Regulations. Proof of area and boundaries of airport. Obligation to give information as to identification. Proof in summary proceeding of identity of driver of vehicle. Power of Governor to give directions. Ordinance binding on the Crown.

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