Cap 494 s 37 Power to impose restrictions in relation to aircraft (AVIATION SECURITY ORDINANCE)

Contents of Section

Chapter:	494	Title:	AVIATION SECURITY ORDINANCE	Gazette Number:
Section:	37	Heading:	Power to impose restrictions in relation to aircraft	Version Date:	30/06/1997

(1) For the purposes to which this Part applies the Authority may give a direction to the operator of an aircraft registered or operating in Hong Kong, or to the manager of any aerodrome, requiring him-

(a) not to cause or permit persons or property to go or be taken on board any aircraft to which the direction relates, or to come or be brought into proximity to any such aircraft, unless such searches of those persons or that property as are specified in the direction have been carried out; or

(b) not to cause or permit any such aircraft to fly unless such searches of the aircraft as are specified in the direction have been carried out.

(2) Subject to subsection (3), the Authority may give a direction in writing to the operator of an aircraft registered or operating in Hong Kong requiring him not to cause or permit the aircraft to fly unless such modifications or alterations of the aircraft, or of apparatus or equipment installed in the aircraft, as are specified in the direction have first been carried out, or such additional apparatus or equipment as is so specified is first installed in the aircraft.
(3) Before giving any direction under subsection (2), the Authority shall inform the Director of the modifications, alterations or additional apparatus or equipment proposed to be required, and shall take account of any advice given to him by the Director with respect to those proposals.
(4) In giving any direction under subsection (2), the Authority shall allow, and shall specify in the direction, such period as appears to him to be reasonably required for carrying out the modifications or alterations or installing the additional apparatus or equipment in question; and the direction shall not take effect before the end of the period so specified.
(5) Subject to the following provisions of this Part, a direction given to an operator of aircraft under subsection (1) may be given so as to relate-

(a) either to all the aircraft registered or operating in Hong Kong of which at the time when the direction is given or at any subsequent time he is the operator or only to one or more such aircraft, or to a class of such aircraft, specified in the direction;

(b) either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction; and

(c) either to property of every description or only to particular property, or property of one or more descriptions, specified in the direction,

and a direction given to an operator of aircraft under subsection (2) may be given so as to relate either to all the aircraft registered or operating in Hong Kong of which at the time when the direction is given or at any subsequent time he is the operator or only to one or more such aircraft, or to a class of such aircraft, specified in the direction.
(6) Subject to the following provisions of this Part, a direction given to the manager of an aerodrome under subsection (1) may be given so as to relate-

(a) either to all aircraft which at the time when the direction is given or at any subsequent time are in any part of the aerodrome, or to a class of such aircraft specified in the direction;

(b) either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction; and

(c) either to property of every description or only to particular property, or property of one or more descriptions, specified in the direction.

(7) Subject to the following provisions of this Part, any direction given under this section to any person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.
(8) A direction may be given under this section to a person appearing to the Authority to be about to become-

(a) such an operator as is mentioned in subsection (1) or (2); or

(b) such a manager as is mentioned in subsection (1),

but a direction given to a person by virtue of this subsection shall not take effect until he becomes such an operator or manager, and in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications.
(9) Any person who, without reasonable excuse, fails to comply with a direction given to him under this section commits an offence and is liable-

(a) on summary conviction, to a fine at level 3;

(b) on conviction on indictment, to a fine of $500000 and to imprisonment for 2 years.

(10) Where a person is convicted of an offence under subsection (9), then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on conviction to a fine not exceeding $1000 for each day on which such further offence continues.

(Enacted 1996)