Contents of Section

Chapter:

494 PDFTitle:AVIATION SECURITY ORDINANCEGazette Number:71 of 1999
Section:44Heading:Limitations on scope of directionsVersion Date:01/07/1997

Remarks:

Adaptation amendments retroactively made - see 71 of 1999 s. 3

(1) A direction shall not have effect in relation to any aircraft of which the operator is the government of a country, territory or place outside Hong Kong or is a department or agency of such a government, except at a time when any such aircraft is being used for the carriage of passengers or cargo for reward or is for the time being allocated by that government, department or agency for such use. (Amended 71 of 1999 s. 3)
(2) A direction (except in so far as it requires any building or other works to be constructed, executed, altered, demolished or removed) shall not be construed as requiring or authorizing the person to whom the direction was given, or any person acting as his employee or agent, to do anything which, apart from the direction, would constitute an act of violence; but nothing in this subsection shall restrict the use of such force as is reasonable in the circumstances whether at the instance of the person to whom the direction was given or otherwise by a police officer.
(3) In so far as a direction requires anything to be done or not done at a place outside Hong Kong-

        (a) it shall not have effect except in relation to aircraft registered in Hong Kong; and
        (b) it shall not have effect so as to require anything to be done or not done in contravention of any provision of the law (whether civil or criminal) in force at that place, other than any such provision relating to breach of contract.
(4) In so far as a direction given to the manager of an aerodrome or to any person mentioned in section 28(3)(d) or (e) requires any building or other works to be constructed, executed, altered, demolished or removed on land outside the aerodrome, or requires any other measures to be taken on such land, the direction shall not confer on the person to whom it is given any rights as against a person having-
        (a) an interest in that land; or
        (b) a right to occupy that land; or
        (c) a right restrictive of its use,
and accordingly the direction shall not be construed as requiring the person to whom it is given to do anything which would be actionable at the suit or instance of such a person having such interest or right in his capacity as a person having that interest or right.
(5) A direction shall be given by serving a notice in writing containing the direction.
(6) Nothing in this section shall be construed as derogating from any immunity of the Government.
(Enacted 1996)